Volume 14: Responsibilities for Human and Animal Health
1. Introduction
Background

1.1 With the identification of BSE in 1986, the Government needed to consider how to respond to this novel disease in cattle. Although the livestock farming industry lay firmly in the private sector, like agriculture generally, it had historically enjoyed a close relationship with government. As a matter of national economic concern, the Government wished to ensure the viability of this sector of the economy and hence the nation's food supplies. Of equal if not greater importance to government was the protection of human health where this was threatened by diseased or contaminated products of agriculture and agriculture-related industries or by the potential transmission of diseases from animals to man.

1.2 At the time of the identification of BSE, measures which enabled the protection of human health and animal health in the livestock farming sector consisted of statutory legislation, administrative control and enforcement, and informal advice and guidance. These had been developed in response to the lessons learned from earlier outbreaks of disease, and dealt with:

1. dangers to animal health from infection between beasts or through exposure to feedingstuffs, medication or other factors;
2. dangers to human health through contaminated food and animal by-products;
3. dangers to human health through contaminated medical products; and
4. dangers to human health through occupational exposure.

Vol. 15: Government and Public Administration describes the system of Government administration within which Ministers, officials and local authorities operated during the period 1986-96.

1.3 Vol. 14 explains the relevant legislative and executive framework in place when BSE was identified at the end of 1986. This was the background against which policy-makers had to consider what action was needed to deal with the perceived hazards from BSE and what control measures could and should be introduced. It does not describe those control measures; they are covered in detail in vols. 3-7. But it does describe the changes made to the legislative and executive framework up to 20 March 1996 that were brought about by factors not connected with BSE. One example was the continuing integration with Europe, which required, amongst other things, a common standard of meat hygiene within the Single Market.

1.4 As the following chapters show, the legislation controlled processes and activities rather than complete industries or industrial sectors. It thus recognised that disease or contamination was spread along pathways established by the processing of materials and could come into contact with humans at many points along the way. Hence, at any given time the legislation affecting a sector such as agriculture consisted of interwoven Acts, Orders and Regulations each designed to deal with specific matters in greater or lesser detail. The interwoven powers thus affected different sectors to varying degrees with some - such as the legislative control over animal feedingstuffs - being extremely detailed.

1.5 Legislation established control points or gateways at which checks could be made and contaminated or diseased material separated from material which was clean or fit for human consumption, use or contact. The action that might be taken at these gateways varied. At one end of the spectrum, entire animals might be condemned and destroyed. Less severe was the removal and destruction of parts of the animal considered infected or contaminated and, more moderate still, the prohibition of use of contaminated parts for certain purposes. At the other end of the spectrum, responsible behaviour might be encouraged by procedures for the licensing of material or for the formulation of codes of good practice.

1.6 All these gateways or controls were put into effect by an executive system of identification, monitoring and enforcement by both central and local government. Powers were given to, and duties were placed on, Ministers. Many of these powers and duties were in turn delegated to civil servants, both professional and administrative, ¹ working in central Departments and also in regional and local centres. In addition, legislation gave important powers to, and placed substantial duties on, local government.