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A farmer had his penalty of one year’s full payment from the Beef Data and Genomics Programme overturned for failing to submit a BVD sample on time.
In 2017, the Department of Agriculture, Food and the Marine notified the farmer that a penalty of one year’s full payment was applied due to non-compliance with a Bovine Viral Diarrhoea (BVD) requirement set out in the BDGP terms and conditions. The farmer joined the BDGP for the period 2015-2020.
Under the scheme, all animals must be tested for BVD within 20 days of birth and the sample sent to a designated laboratory "as soon as possible". The tissue sample for the calf in question was provided to the laboratory at 45 days.
The BVD test was carried out in July 2015 and the May-born calf tested positive for BVD and was euthanised within five days.
Ineligible
The appeals officer noted section four of the original terms and conditions states that where BVD requirements are not complied with on "an ongoing basis" the applicant will be ineligible for payment in the subsequent year.
The farmer claimed the BVD sample was misplaced in the fridge during a stressful time due to farming and financial pressure.
The appeals officer found the period "as soon as possible" was not set down in days or weeks and was open to interpretation, and in this case it was the sending to the laboratory at 45 days that had been the basis for the decision being appealed.
On that basis, the appeal was disallowed.
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