The following information has been provided by DEFRA regarding the outbreak of Lumpy Skin disease in Italy, impacting the importation of many bovine products from Italy.
Great Britain (England, Scotland and Wales) has suspended the import of the following bovine products from Italy:
- live animals
- germplasm
- offal (except diaphragm and masseter muscles)
- raw milk and raw dairy products, including raw colostrum
- hides and skins, unless they have been treated in line with point 2b, c or d of Article 11.9.13 of the WOAH terrestrial code
- all animal by-products (except casings, gelatine, collagen, tallow, hooves and horns), unless the products were processed using heat treatment to a minimum internal temperature of 65°C for at least 30 minutes.
This is due to an outbreak of lumpy skin disease in Italy which was confirmed on 21 June 2025.
Please see Imports, exports and EU trade of animals and animal products: topical issues for more information on these restrictions.
Guidance is available at: 25 June 2025: Outbreak of lumpy skin disease in Italy
This outbreak, just like the earlier Foot and Mouth outbreak, will have an impact on Members’ business and, in particular, their contractual arrangements with clients.
BIFA Standard Trading Conditions
BIFA’s Clause 24 of the BIFA STCs covers a “Force Majeure” situation, which is an unforeseeable and uncontrollable event such as war, labour stoppages, extreme weather or a disease outbreak where additional controls leading to delays and increased costs are incurred. Clause 24 supplements the indemnities in Clause 20 and covers all loss or damage, not merely to the goods. It is clear that the BIFA Member should not accept liability without fault on their part or the part of a party acting on their behalf.
“Force Majeure” clauses are contractual clauses which alter parties’ obligations and/or liabilities under a contract when an extraordinary event or circumstance beyond their control prevents one or all of them from fulfilling those obligations. In this case, regulatory controls are invoked whilst the affected products that were in transit are most likely to be covered by this clause, by definition, the ability to rely on “Force Majeure” clauses has a relatively short time frame.
Clause 24 aims to protect BIFA Members where such an event has occurred and makes the carriage contract impossible to fulfil, in particular for example where cargo has already been loaded and is already being transported. As problems relating to transporting such products are known, there will be a point where “Force Majeure” decreases in value as a defence for such claims. Effectively, this means that moving forward, any problems stemming from the transport of such goods covered by the prohibitions has now become a “foreseeable event” and thus avoidable and “Force Majeure” is no longer applicable.
Clause 2(B) of the BIFA STCs clearly states that they are subject to any applicable, directive, or international convention. Clause 17 is the “WARRANTY” clause and is used in the sense that the customer is assuring the BIFA Member that certain circumstances apply, and that all regulations have been complied with and that it is legal to transport the goods. Also, the customer confirms that all particulars regarding the shipment, including accompanying documentation, are accurate etc. In this situation, any Environmental Health Certificate issued by the exporting country’s authorities, affirming that specific products meet the sanitary and phytosanitary standards of the importing country, takes on special importance.
If the customer breaches this warranty, the BIFA Member is indemnified by the Indemnity Clause in Clause 20(A). This guidance is generic and based on the current information available; specialist legal advice should be sought on specific scenarios.
The post Contractual Impacts of Lumpy Skin Outbreak on BIFA Members appeared first on British International Freight Association.
