Made | 27th March 2002 | ||
Laid before Parliament | 27th March 2002 | ||
Coming into force | 19th April 2002 |
1. | Title, extent and commencement |
2. | Application |
3. | Interpretation |
4. | TSE monitoring |
5. | Movement prohibitions and restrictions of TSE susceptible animals |
6. | Slaughter of TSE susceptible animals at slaughterhouses |
7. | Slaughter of TSE susceptible animals at other premises |
8. | Retention, seizure and disposal of carcases etc. of TSE susceptible animals |
9. | Compensation for slaughtered TSE susceptible animals |
10. | Notifications |
11. | Mammalian protein |
12. | Mammalian meat and bone meal for use in feedingstuffs for livestock |
13. | Mammalian meat and bone meal for use in fertilisers on agricultural land |
14. | Feeding of processed animal protein to farmed animals |
15. | Sale or supply of processed animal protein intended for the feeding of farmed animals |
16. | Production of fishmeal for feeding to farmed animals other than ruminants |
17. | Production of dicalcium phosphate and hydrolysed protein for feeding to farmed animals other than ruminants |
18. | Transport and storage of processed animal protein |
19. | Applications for approval and approvals of premises |
20. | Suspension and withdrawal of approvals |
21. | Appeals |
22. | Manufacture of feedingstuffs containing processed animal protein |
23. | Production of feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants |
24. | Production of feedingstuffs containing dicalcium phosphate or hydrolysed protein for feeding to farmed animals other than ruminants |
25. | Use and storage of feedingstuffs containing fishmeal, dicalcium phosphate or hydrolysed protein |
26. | Records relating to mammalian meat and bone meal and processed animal protein |
27. | Cleansing and disinfection |
28. | Powers of inspectors |
29. | Disposal and recall of mammalian meat and bone meal and MBM products |
30. | Interpretation of expressions used in this Part |
31. | Extended meaning of sale etc. |
32. | Presumption that food is intended for human consumption |
33. | Removal of specified risk material from carcases in slaughterhouses |
34. | Removal of specified risk material from carcases elsewhere |
35. | Inspection and marking of carcases in a slaughterhouse |
36. | Removal of vertebral column of bovine animals in cutting premises |
37. | Removal of SRM spinal cord of bovine animals, sheep and goats |
38. | Young lamb stamp |
39. | Staining of specified risk material |
40. | Consignment of specified risk material after removal from carcases |
41. | Presence of an OVS |
42. | Pithing |
43. | Prohibition on sale of non-compliant carcases for human consumption |
44. | Prohibition on the removal of brain and eyes |
45. | Prohibition on the removal of spinal cord |
46. | Transport of unmarked carcases of sheep and goats |
47. | Possession of unmarked carcases of sheep and goats |
48. | Prohibition on sale of specified risk material for human consumption |
49. | Prohibition on feeding specified risk material to animals |
50. | Specified risk material for use in cosmetic, pharmaceutical and medical products |
51. | Mechanically recovered meat |
52. | Use of premises for collection, rendering, incineration etc. of specified risk material |
53. | Storage of specified risk material |
54. | Transport of specified risk material |
55. | Procedure for bringing in specified risk material from Scotland, Wales or Northern Ireland |
56. | Licensing |
57. | Licensing for the use of specified risk material in production or research |
58. | Applications for licences |
59. | Requirements of use of licensed premises |
60. | Suspension of licences |
61. | Revocation of licences |
62. | Appeals against suspension and revocation of licences |
63. | Collection centres |
64. | Incinerators |
65. | Delivery of specified risk material to rendering plants |
66. | Storage etc. of specified risk material at rendering plants |
67. | Rendering of specified risk material |
68. | Protein and tallow |
69. | Records |
70. | Cleansing and disinfection |
71. | Powers of inspectors |
72. | Recall, seizure and destruction of feedingstuffs |
73. | Directions |
74. | Compliance with notices |
75. | Slaughterhouse staff training |
76. | Occupier's duty and offences |
77. | Inspection and seizure of suspected food |
78. | Notifications for the purposes of Chapter IV of the Community TSE Regulation |
79. | Measures for the purposes of Chapter IV of the Community TSE Regulation |
80. | Movement prohibitions and restrictions of TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation |
81. | Slaughter of TSE susceptible animals at slaughterhouses for the purposes of Chapter IV of the Community TSE Regulation |
82. | Slaughter of TSE susceptible animals at other premises for the purposes of Chapter IV of the Community TSE Regulation |
83. | Retention, seizure and disposal of carcases etc. of TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation |
84. | Compensation for slaughtered TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation |
85. | Prohibition of sale, supply and use of milk from affected or suspected animals |
86. | Cleansing and disinfection |
87. | Notification of first generation progeny etc. of TSE suspect and confirmed animals |
88. | Measures to administer and enforce Article 15(2) of and Chapter B of Annex VIII to the Community TSE Regulation |
89. | Movement prohibitions and restrictions |
90. | Slaughter at slaughterhouses |
91. | Slaughter at other premises |
92. | Retention, seizure and disposal of carcases etc. |
93. | Compensation for slaughtered animals |
94. | Offspring slaughter |
95. | Cleansing and disinfection |
96. | Sampling and laboratory methods |
97. | Community controls: powers of inspectors |
98. | Obstruction |
99. | Offences |
100. | Offences due to fault of another person and defence of due diligence |
101. | Enforcement |
102. | Service of notices and other documents |
103. | Amendments |
104. | Revocations and savings |
SCHEDULE 1 - | Compensation |
PART I - | Compensation for TSE susceptible animals slaughtered under regulation 6 or 7 |
PART II - | Compensation for carcases, parts of carcases or blood of TSE susceptible animals seized or disposed of under regulation 8 |
PART III - | Compensation for TSE susceptible animals slaughtered under regulation 80 or 81 |
PART IV - | Compensation for carcases, parts of carcases or blood of TSE susceptible animals retained, seized or disposed of under regulation 82 |
PART V - | Compensation for TSE suspect or confirmed animal or a first generation progeny of any such animal slaughtered under regulation 90 or 91 |
PART VI - | Compensation for retention, seizure or disposal under regulation 90 |
SCHEDULE 2 - | Conditions for the transport of fishmeal for feeding to farmed animals other than ruminants |
SCHEDULE 3 - | Conditions for the production of dicalcium phosphate for feeding to farmed animals other than ruminants |
SCHEDULE 4 - | Conditions for the production of hydrolysed protein for feeding to farmed animals other than ruminants |
SCHEDULE 5 - | Application of Part IV of these Regulations to scheme animals |
SCHEDULE 6 - | Rendering requirements |
SCHEDULE 7 - | Offspring slaughter |
SCHEDULE 8 - | Amendments |
SCHEDULE 9 - | Revocations and savings |
Interpretation
3.
- (1) In these Regulations, unless the context otherwise requires -
(c) a person appointed as such for the purposes of these Regulations by a local authority in relation to its enforcement responsibilities under these Regulations.
(c) as respects the City of London, the Common Council;
(d) as respects the Isles of Scilly, the Council of the Isles of Scilly; or
(e) where there is a Port Health Authority, that authority in addition to the authority specified in paragraphs (a), (b) or (c) above;
(b) any material derived from mammalian protein,
and for this purpose "protein" means any proteinaceous material which is derived from a carcase but does not include milk or any milk product;
and includes any such place occupied as a private dwelling;
remaining attached to specified risk material after dissection of the carcase of the animal;
(b) any animal material which comes into contact with specified risk material after it has been removed from the carcase; and
(c) specified solid waste;
(2) Expressions in these Regulations which are not defined in paragraph (1) above and which appear in the Community TSE Regulation or in the Community Transitional Measures have the same meaning in these Regulations as they have for the purposes of the Community TSE Regulation or the Community Transitional Measures.
(3) Expressions in Part III of these Regulations which are not defined in paragraph (1) above and which appear in the Council Decision or the Commission Decision have the same meaning in these Regulations as they have for the purposes of those Decisions.
(4) For the purposes of these Regulations, material shall be treated as a feedingstuff whether it is used or intended to be used as a feedingstuff by itself or as an ingredient in something which is so used or intended for such use.
(c) collect, pen, inspect and examine any TSE susceptible animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;
(d) inspect and examine the carcase of any TSE susceptible animal;
(e) take such samples from, and make such tests in relation to, any TSE susceptible animal, or the carcase of such an animal, as he considers necessary;
(f) mark for identification purposes any TSE susceptible animal, or the carcase of such an animal, or administer or otherwise attach to any TSE susceptible animal an electronic identification device;
(g) serve a notice to restrict or prohibit the movement of any TSE susceptible animal or the carcase of such an animal;
(h) issue a licence in connection with the movement of any TSE susceptible animal or the carcase of such an animal;
(i) seize any TSE susceptible animal or the carcase of such an animal;
(j) serve any notice in connection with the slaughter of any TSE susceptible animal;
(k) slaughter any TSE susceptible animal;
(l) examine any record, in whatever form the record may be held, and take copies of the record;
(m) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; or
(n) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or any evidence of any such contravention or failure.
(3) No person except an inspector shall remove or otherwise interfere with any mark applied to a TSE susceptible animal or the carcase of such an animal under paragraph (2)(f) above and no person except a veterinary inspector shall remove or otherwise interfere with any electronic identification device attached to or otherwise administered to such an animal under that paragraph.
(4) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and that either -
he may issue a warrant to authorise an inspector to enter the premises for that purpose, if need be by reasonable force.
(5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his employees and any person on the premises who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall -
(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him -
(7) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Movement prohibitions and restrictions of TSE susceptible animals
5.
- (1) This regulation applies where an inspector is satisfied that for any purpose connected with the administration or enforcement of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation it is necessary to prohibit or restrict the movement of any TSE susceptible animal from or to any premises.
(2) By notice in writing served on the owner or person in charge of the animal an inspector may prohibit or restrict the movement of the animal or carcase from or to any premises described in the notice for such period, and subject to such requirements or conditions, as he considers necessary for that purpose and specifies in the notice.
(3) During the period in which the notice is in force an inspector may renew it subject to such requirements or conditions as he considers necessary for the same or a shorter period.
(4) A notice which is renewed may be renewed from time to time in a similar manner by an inspector.
(5) Where a notice is in force under this regulation the requirements or conditions of which allow movement of any animal or carcase from premises on the authority of a licence issued by an inspector, an inspector may issue a licence for this purpose subject to such requirements or conditions as he considers necessary.
(6) Where an animal or carcase is being moved under the authority of a licence issued under this Part of these Regulations the person in charge of the animal or carcase being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a member of a police force, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.
Slaughter of TSE susceptible animals at slaughterhouses
6.
- (1) This regulation and regulation 7 below apply where the Secretary of State is satisfied it is necessary to slaughter any TSE susceptible animal for any purpose connected with the administration or enforcement of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation.
(2) Where the Secretary of State is satisfied that it is necessary to slaughter a TSE susceptible animal at a slaughterhouse an inspector shall so inform the occupier of the slaughterhouse concerned and direct the occupier to slaughter the animal in such manner and period as the inspector directs.
(3) Before an inspector gives an occupier a direction to slaughter an animal under this regulation he shall consider the requirements as to hygiene, specified risk material or animal welfare with which the occupier must comply at the slaughterhouse in relation to -
(4) Where the inspector is satisfied that for the purpose of complying with any of these requirements the occupier must -
the inspector shall direct the occupier to slaughter the other animal or carry out the related operation in such manner and within such period as the inspector directs.
(5) Directions from an inspector to an occupier under this regulation may include directions in relation to -
(6) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given except where the Secretary of State is satisfied that it is not proportionate for that person to bear some or all of that expense.
(7) Where the Secretary of State is satisfied that it is not proportionate for a person to whom a direction is given to bear some or all of the expense of complying with it she shall give notice to that person of the proportion of the expense, if any, which she is satisfied the person should bear.
(8) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with at the expense of the person to whom the direction is given.
Slaughter of TSE susceptible animals at other premises
7.
- (1) Where the Secretary of State is satisfied that it is necessary to slaughter a TSE susceptible animal at premises other than a slaughterhouse a veterinary inspector shall serve a notice of intended slaughter on the owner or person in charge of the animal -
(2) After the expiry of that period the Secretary of State, after considering any representations received during this period from the owner or person in charge of the animal, shall either -
(3) After service of the notice to confirm the intended slaughter of the animal the Secretary of State shall cause the animal to be slaughtered as soon as possible having regard to the requirements of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation.
Retention, seizure and disposal of carcases etc. of TSE susceptible animals
8.
- (1) This regulation applies where the Secretary of State is satisfied that for any purpose connected with the administration or enforcement of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation it is necessary -
(2) For any such purpose an inspector may -
(3) Directions from an inspector to an occupier under this regulation to retain a carcase, part of a carcase or blood derived from any carcase or part may include directions in relation to the treatment, storage and disposal of the carcase, part or blood.
(4) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given except where the Secretary of State is satisfied that it is not proportionate for that person to bear some or all of that expense.
(5) Where the Secretary of State is satisfied that it is not proportionate for a person to whom a direction is given to bear some or all of the expense of complying with it she shall give notice to that person of the proportion of the expense, if any, which she is satisfied the person should bear.
(6) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with at the expense of the person to whom the direction is given.
Compensation for slaughtered TSE susceptible animals
9.
- (1) Where a TSE susceptible animal is slaughtered under regulation 6 or 7 above the Secretary of State shall pay compensation to the owner of the animal in accordance with the provisions of Part I of Schedule 1 below.
(2) The Secretary of State shall pay compensation in accordance with the provisions of Part II of Schedule 1 below to the owner of any carcase, part of a carcase or blood seized or disposed of under regulation 8 above.
Notifications
10.
- (1) For any purpose connected with the administration or enforcement of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation, the Secretary of State may certify in respect of any category of notifiable animal that a monitoring notification in respect of animals in that category is required and may appoint an agent to receive such a notification on her behalf.
(2) Where -
the Secretary of State shall publish by such means as she thinks fit, including by notice in the London Gazette, the details of the certificate or the name of the agent, the address of the agent and other relevant contact information and the date on and after which notifications under this regulation shall be made to the agent instead of to the Secretary of State.
(3) Where in respect of a category of notifiable animal the Secretary of State has certified that a monitoring notification in respect of animals in that category is required and has published the certification under paragraph (2) above -
(4) A person who has in his possession or under his charge on any premises any animal or carcase in respect of which the Secretary of State has certified that a monitoring notification is required shall detain it on the premises until it has been collected by or on behalf of the Secretary of State.
any feedingstuff in which he knows or has reason to suspect that any mammalian protein has been incorporated.
(2) The prohibitions in paragraph (1) above shall not apply to the feeding to an animal of any feedingstuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued, or to the sale or supply of any feedingstuff to a research establishment for such purposes.
Mammalian meat and bone meal for use in feedingstuffs for livestock
12.
- (1) Subject to paragraphs (5) and (6) below, no person shall -
(2) Subject to paragraph (6) below, no person shall undertake any production using any mammalian meat and bone meal or any MBM product on premises where any feedingstuff for livestock is produced.
(3) Subject to paragraphs (5) to (8) below, no person shall have in his possession any mammalian meat and bone meal or any MBM product on any premises where -
(4) Subject to paragraphs (6) and (8) below, no person shall transport any mammalian meat and bone meal or any MBM product in any vehicle in which any feedingstuff for livestock is being transported.
(5) The prohibitions in paragraphs (1) and (3) above shall not apply to the feeding to an animal of any feedingstuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued, or to the sale or supply of any feedingstuff to a research establishment for such purposes or to the possession of a feedingstuff at such an establishment for such purposes.
(6) In any proceedings for an offence under paragraphs (1) to (4) above it shall be a defence for any person charged to prove -
(7) In any proceedings for an offence under paragraph (3) above in relation to any MBM product it shall be a defence for any person charged to prove -
(8) In any proceedings for an offence under paragraph (3) or (4) above it shall be a defence for any person charged to prove that at all material times both the mammalian meat and bone meal or MBM product (as the case may be) and the feedingstuff for livestock were securely packaged and that no spillage or leakage took place.
(9) No person shall transport from or to any premises, or store in bulk at any premises, any mammalian meat and bone meal the sale or supply of which is prohibited by paragraph (1)(a) above, unless he and the premises are registered by the Secretary of State for the purpose and the premises are not used for the preparation of feedingstuffs for livestock.
(10) The Secretary of State shall register premises under this regulation where the occupier declares the premises are capable of being used in accordance with this Part of these Regulations.
Mammalian meat and bone meal for use in fertilisers on agricultural land
13.
- (1) No person shall sell or have in his possession with a view to sale, for use as a fertiliser on agricultural land, any mammalian meat and bone meal or any material derived from or containing any mammalian meat and bone meal to any extent.
(2) No person shall use on agricultural land as a fertiliser any mammalian meat and bone meal or any material derived from or containing any mammalian meat and bone meal to any extent.
(3) Subject to paragraph (4) below, no person shall -
any mammalian meat and bone meal or any material derived from or containing any mammalian meat and bone meal unless the mammalian meat and bone meal concerned was manufactured in accordance with paragraph (5) below.
(4) Nothing in paragraph (3) above shall prevent -
of any fertiliser consisting solely of mammalian meat and bone meal or derived from or containing mammalian meat and bone meal if that mammalian meat and bone meal was manufactured before the date of coming into force of the Fertilisers (Mammalian Meat and Bone Meal) Regulations 1998[16], and the contract for its purchase by the manufacturer of that fertiliser was made before that date.
(5) No person shall manufacture mammalian meat and bone meal for use as or in any fertiliser except by a rendering process in which -
(6) In this regulation -
Feeding of processed animal protein to farmed animals
14.
- (1) Subject to paragraph (2) below, no person shall feed any processed animal protein to a farmed animal.
(2) The prohibition in paragraph (1) above shall not apply to -
(b) the feeding to farmed animals of gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC[18] concerning additives in feedingstuffs;
(c) the feeding to farmed animals other than ruminants of dicalcium phosphate -
(d) the feeding to farmed animals other than ruminants of hydrolysed protein -
(e) the feeding to farmed animals of milk and milk products.
Sale or supply of processed animal protein intended for the feeding of farmed animals
15.
- (1) Subject to paragraph (2) below, no person shall sell or supply any processed animal protein intended for the feeding of any farmed animal.
(2) The prohibitions in paragraph (1) above shall not apply to the sale or supply of -
Production of fishmeal for feeding to farmed animals other than ruminants
16.
- (1) No person shall use any premises for the production of fishmeal for feeding to farmed animals other than ruminants unless -
(2) On an application made to her under this regulation for the approval of premises for the production of fishmeal for feeding to farmed animals other than ruminants, the Secretary of State shall approve the premises for this purpose if, following an inspection of the premises by a veterinary inspector, she is satisfied that -
(3) The person carrying on any business at premises approved under this regulation shall ensure that -
Production of dicalcium phosphate and hydrolysed protein for feeding to farmed animals other than ruminants
17.
- (1) No person shall use any premises for the production of dicalcium phosphate for feeding to farmed animals other than ruminants unless -
(b) transport of dicalcium phosphate to the premises is in accordance with the conditions specified in paragraph 4 of Schedule 3 below.
(2) No person shall use any premises for the production of hydrolysed protein for feeding to farmed animals other than ruminants unless -
(b) transport of hydrolysed protein to the premises is in accordance with the conditions specified in paragraph 3 of Schedule 4 below.
(3) On an application made to her for the approval of premises for the production of dicalcium phosphate or hydrolysed protein the Secretary of State shall approve the premises for the production concerned if, following an inspection of the premises by a veterinary inspector, she is satisfied that -
(4) The occupier of premises approved under this regulation shall ensure that -
Transport and storage of processed animal protein
18.
- (1) No person shall transport from or to any premises, or store in bulk at any premises, any processed animal protein the sale or supply of which is prohibited by regulation 15 above, unless he and the premises are registered by the Secretary of State for the purpose and the premises are not used for the preparation of feedingstuffs for ruminant animals.
(2) The Secretary of State shall register premises under this regulation where the occupier declares the premises are capable of being used in accordance with the Commission Decision.
(3) Where a vehicle used for the transport of any dicalcium phosphate, or hydrolysed protein, for feeding to farmed animals other than ruminants, is subsequently used for the transport of any other product, the person using the vehicle for the transport of such dicalcium phosphate or hydrolysed protein shall ensure the vehicle is thoroughly cleaned and inspected before and after the transport of such dicalcium phosphate or hydrolysed protein.
(4) If the Secretary of State refuses to approve the premises or grants an approval subject to any condition she shall give to the applicant a statement of -
Suspension and withdrawal of approvals
20.
- (1) The Secretary of State may suspend or withdraw an approval of any premises approved under this Part of these Regulations if it appears to her that -
(f) the person using the premises for the use for which they are approved no longer wishes to carry on that use of the premises; or
(g) the premises are not being used for the use for which they are approved.
(2) Before suspending or withdrawing an approval the Secretary of State shall -
(3) A notice of suspension or withdrawal of an approval shall include the following information -
(d) in respect of a suspension, the matters which must be remedied for the suspension to be lifted;
(e) a statement of the right of the person to whom the notice is given to appeal under this Part of these Regulations against the suspension or withdrawal and the period within which and the person or tribunal to whom an appeal may be made; and
(f) in respect of a withdrawal, any conditions for the protection of public or animal health to which any continued use of the premises for an approved use after the withdrawal takes effect is subject pending an appeal.
(4) Where a suspension of an approval of premises under this regulation has taken effect the premises shall be treated as if they were not approved for the use for which the approval is suspended.
(5) The Secretary of State shall lift a suspension of an approval where -
(b) the determination of an appeal under this Part of these Regulations against the suspension is that the approval should not have been suspended.
(6) Where the Secretary of State lifts a suspension she shall give notice of this to the person to whom she gave notice of the suspension.
(7) Premises may continue to be used by the occupier for a use for which an approval is withdrawn during the period of 21 days after the notification to the occupier of the withdrawal.
(8) After the expiry of this period the premises may not be used for the use for which the approval is withdrawn unless before the period expired an appeal was made in accordance with regulation 21 below and the appeal has not been finally disposed of or abandoned.
(9) Where the Secretary of State has given notice of a decision to withdraw the approval of premises the occupier of the premises shall not use the premises for that use except in accordance with any conditions for the protection of public or animal health included in the notice of withdrawal.
Appeals
21.
- (1) Where in respect of any premises the Secretary of State has given notice of a decision under this Part of these Regulations -
the person to whom the notice is given may, within 21 days of being notified of the decision, appeal against the decision to the person or tribunal specified in the notice.
(2) An appeal under this regulation shall be made by written statement given to the person or tribunal specified in the notice accompanied by a brief explanation of the ground of the appeal and such other information and documents as the notice may specify.
(3) Where on an appeal under this regulation the person or tribunal hearing the appeal determines that -
the Secretary of State shall give effect to that determination.
(2) The Secretary of State shall register premises under this regulation where the occupier declares the premises are capable of being used for the production of feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants in accordance with paragraph 6 of Annex I to the Commission Decision.
(3) The prohibition in paragraph (1) above shall not apply to the use of premises for the production of feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants and for the preparation of feedingstuffs for ruminant animals if -
(4) No person shall produce any feedingstuff containing fishmeal for feeding to farmed animals other than ruminants unless the packaging of the feedingstuff is labelled clearly to indicate the words "this feedingstuff contains fishmeal - cannot be fed to ruminant animals".
(5) No person shall use any vehicle for the transport to or from any premises of bulk feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants at the same time as the vehicle is used for the transport of any feed for ruminant animals.
(6) Where a vehicle used for the transport of bulk feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants is subsequently used for the transport of other products, the person using the vehicle for the transport of such bulk feedingstuffs shall ensure it is thoroughly cleaned before and after the transport of those bulk feedingstuffs.
Production of feedingstuffs containing dicalcium phosphate or hydrolysed protein for feeding to farmed animals other than ruminants
24.
- (1) Subject to paragraph (4) below, no person shall use any premises for the production of feedingstuffs containing dicalcium phosphate from defatted bones for feeding to farmed animals other than ruminants unless -
(2) Subject to paragraph (4) below, no person shall use any premises for the production of feedingstuffs containing hydrolysed protein for feeding to farmed animals other than ruminants unless -
(3) The Secretary of State shall register premises under this regulation where the occupier declares the premises are capable of being used for the production of -
(4) The prohibitions in paragraphs (1) and (2) above shall not apply to premises used for the preparation of feedingstuffs for ruminant animals which are used for the production of feedingstuffs containing dicalcium phosphate from defatted bones, or hydrolysed protein, for other animal species, if -
(5) No person shall produce any feedingstuff containing dicalcium phosphate from defatted bones for feeding to farmed animals other than ruminants unless the packaging of the feedingstuff is labelled clearly to indicate the words "this feedingstuff contains dicalcium phosphate from defatted bones - cannot be fed to ruminant animals".
(6) No person shall produce any feedingstuff containing hydrolysed protein for feeding to farmed animals other than ruminants unless the packaging of the feedingstuff is labelled clearly to indicate the words "this feedingstuff contains hydrolysed protein - cannot be fed to ruminant animals".
(7) No person shall use any vehicle for the transport to or from any premises of bulk feedingstuffs for feeding to farmed animals other than ruminants containing dicalcium phosphate from defatted bones or hydrolysed protein at the same time as the vehicle is used for the transport of any feed for ruminant animals.
(8) Where a vehicle used for the transport of bulk feedingstuffs containing dicalcium phosphate from defatted bones, or hydrolysed protein, for feeding to farmed animals other than ruminants, is subsequently used for the transport of other products, the person using the vehicle for the transport of such bulk feedingstuffs shall ensure the vehicle is thoroughly cleaned before and after the transport of those bulk feedingstuffs.
Use and storage of feedingstuffs containing fishmeal, dicalcium phosphate or hydrolysed protein
25.
- (1) Subject to paragraph (2) below, no person shall use or store any feedingstuff, other than petfood referred to in Chapter 4 of Annex I to Council Directive 92/118/EEC[19], containing any -
on a farm where ruminant animals are kept, fattened or bred for the production of food.
(2) Paragraph (1) above shall not apply to the use or storage of any feedingstuff containing any fishmeal, dicalcium phosphate derived from defatted bones or hydrolysed protein on any farm where ruminant animals are kept if measures are implemented on the farm sufficient to prevent the feedingstuff being fed to those ruminant animals.
(2) Any person receiving a consignment of mammalian meat and bone meal or processed animal protein shall keep for two years from the date of receipt of the consignment a record indicating -
(3) Any person receiving a consignment of mammalian meat and bone meal or processed animal protein shall keep for two years from the date of any use, disposal or further consignment of the material used, disposed of or further consigned a record indicating -
(4) Any person who controls a vehicle in which mammalian meat and bone meal or processed animal protein is transported shall keep, for two years from the date on which transport of a particular consignment of such protein commenced (or, in the case of an import, from the date on which that material entered England), a record of -
(5) The driver of a vehicle in which a consignment of mammalian meat and bone meal or processed animal protein is transported shall have a document recording the information required by paragraph (4) above in his possession at all times when he is in charge of that vehicle.
(6) In relation to a vehicle not having a registration number, the requirement to keep a record of the registration number pursuant to paragraphs (1)(e), (2)(e) and (4)(d) above shall be a requirement to keep such details as permit the identification of the vehicle in which the consignment was transported.
(7) Where a vehicle is used for the transport of bulk feedingstuffs for feeding to farmed animals other than ruminants containing -
the person using the vehicle for the transport of such bulk feedingstuffs shall keep, for two years from the date of such transport, a record of each cleaning of the vehicle carried out as required by regulation 23(6) or 24(8) above.
Cleansing and disinfection
27.
- (1) Any person who produces mammalian meat and bone meal or any MBM product shall ensure the thorough cleansing and disinfection of any premises or equipment used for such production before they are used for any other purpose except the production of a fertiliser that is not for use on agricultural land.
(2) Subject to paragraphs (3) and (4) below, any person who stores or transports mammalian meat and bone meal or an MBM product, or who makes any arrangement for such storage or transport, shall ensure the thorough cleansing and disinfection of any premises, vehicle or equipment used for such storage or transport as soon as possible after the storage or transport ceases and in any event before they are used for any other purpose.
(3) It shall be a defence for any person charged with an offence under paragraph (2) above to prove that at all material times the mammalian meat and bone meal or MBM product (as the case may be) was securely packaged and that no spillage or leakage took place.
(4) It shall be a defence for any person charged with an offence under paragraph (2) above by virtue of any arrangement made by him to show that he took all reasonable steps to ensure that the premises, equipment or vehicle in question were thoroughly cleansed and disinfected in accordance with that paragraph.
(5) An inspector may serve on the occupier of any premises or on the owner or operator of any vehicle or equipment on or in which there is, or has been -
a notice requiring him to cleanse and disinfect, at his own expense and in such a manner and within such period as may be specified in the notice, all or any part of the premises or vehicle or any equipment or any other thing used in connection with any such mammalian meat and bone meal or MBM product.
(6) If any person on whom a notice is served under paragraph (5) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the authority on whose behalf the inspector served the notice.
Powers of inspectors
28.
- (1) An inspector may make such enquiries and carry out such investigations as he considers necessary for any purpose connected with the administration or enforcement of the provisions of this Part of these Regulations.
(2) For any such purpose an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable times to enter any premises (excluding premises used only as a dwelling) to -
is being or has been kept on the premises;
(b) ascertain whether -
(c) collect, pen, inspect and examine any TSE susceptible animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;
(d) inspect and examine -
(e) make such tests and take such samples from any mammalian meat and bone meal, processed animal protein, feedingstuff, or TSE susceptible animal, or the carcase of such an animal, as he considers necessary;
(f) mark for identification purposes any mammalian meat and bone meal, processed animal protein, feedingstuff or TSE susceptible animal, or the carcase of such an animal;
(g) serve a notice to restrict or prohibit the movement of any mammalian meat and bone meal, processed animal protein, feedingstuff or TSE susceptible animal of the carcase of such an animal;
(h) serve a notice under regulation 29(2) or (3) below or carry out or cause to be carried out the requirements of such a notice under regulation 29(4) below;
(i) issue a licence in connection with the movement of any mammalian meat and bone meal or processed animal protein, feedingstuff or TSE susceptible animal or the carcase of such an animal;
(j) seize any mammalian meat and bone meal or processed animal protein, feedingstuff or TSE susceptible animal or the carcase of such an animal;
(k) serve any notice in connection with the seizure;
(l) slaughter any TSE susceptible animal or serve any notice in connection with the slaughter of the animal;
(m) serve a notice requiring any cleansing and disinfection or carry out or cause to be carried out any cleansing and disinfection;
(n) examine any record, in whatever form the record may be held, and take copies of the record;
(o) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; or
(p) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or any evidence of any such contravention or failure.
(3) No person except an inspector shall remove or otherwise interfere with any mark applied under paragraph (2)(f) above.
(4) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and either -
he may issue a warrant authorising an inspector to enter the premises for that purpose if need be by reasonable force.
(5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his employees and any person on the premises who is or has been in possession or charge of any mammalian meat and bone meal or processed animal protein, or any animal or carcase, which is or has been on the premises, shall -
(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him -
(7) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
(8) Any notice under this regulation shall be complied with at the expense of the person on whom the notice is served.
(9) If a notice under this regulation is not complied with, an inspector may arrange for it to be complied with at the expense of the person on whom the notice is served.
Disposal and recall of mammalian meat and bone meal and MBM products
29.
- (1) Paragraph (2) below applies where an inspector finds -
(2) Where this paragraph applies an inspector may serve a notice on the person in possession of the mammalian meat and bone meal, MBM product or processed animal protein requiring that person to dispose of it, and any other mammalian meat and bone meal, MBM product or processed animal protein with which it has come into contact, in such manner and within such period as may be specified in the notice.
(3) An inspector may serve on any person who has sold or supplied -
a notice requiring that person to collect at his own expense that feedingstuff or processed animal protein from the person to whom he supplied or sold it, or from such other person to whom it may have subsequently been supplied or sold, and to transport it to such place and within such time as may be specified in the notice.
(4) If any person on whom a notice is served under paragraph (2) or (3) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the authority on whose behalf the inspector served the notice.
shall be deemed to be a sale of the food, feedingstuff, product or material, and references to purchasers and purchasing shall be construed accordingly.
(2) This Part of these Regulations shall apply -
Presumption that food is intended for human consumption
32.
- (1) For the purposes of this Part of these Regulations any food commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold or, as the case may be, to have been or to be intended for sale, for human consumption.
(2) The following, namely -
shall be presumed, until the contrary is proved, to be intended for sale, or for manufacturing food for sale, for human consumption.
(3) Any article or substance capable of being used in the composition or preparation of any food commonly used for human consumption which is found on premises on which that food is prepared shall, until the contrary is proved, be presumed to be intended for such use.
(3) Subject to the following provisions of this regulation and to regulation 36 below, the occupier of the slaughterhouse shall ensure that the specified risk material which has been removed is stained blue immediately after removal from the carcase.
(4) Without prejudice to the storage requirements of regulation 52 below, the occupier of the slaughterhouse shall ensure that the specified risk material does not come into contact with any other animal material (except material derived from animals tested for the presence of a TSE which is required to be disposed of as if it were specified risk material) while in the slaughterhouse and that it is disposed of in accordance with this Part of these Regulations.
(5) An occupier of a slaughterhouse in possession of any material derived from a carcase of an animal in relation to which there is carried out (whether by an inspector or on behalf of the occupier or any other person) any test for the presence of a TSE shall, if he disposes of the material before a negative result in respect of the test is received, ensure that the material is stained, stored and consigned for disposal as if it were specified risk material.
(6) Material which is not specified risk material may be separated from intestines which have been removed from the carcase before the intestines are stained.
(7) In the case of specified risk material which is intended to be examined by or on behalf of an inspector or a veterinary surgeon, the specified risk material shall not be stained until after the completion of the examination.
(8) In the case of scheme animals, the occupier of the slaughterhouse shall ensure that, once the specified risk material has been removed, the remainder of the carcase (excluding the hide), is immediately stained yellow.
(9) Nothing in paragraph (2) above shall require the removal of a spinal cord, being specified risk material, from the carcase of a sheep which has been slaughtered in a slaughterhouse if -
(c) the carcase has been marked in accordance with regulation 16A of the Specified Risk Material Regulations 1997[20].
(10) Nothing in paragraph (1) above shall require the removal of the vertebral column from the carcase of a bovine animal which was accompanied at the time of slaughter by a slaughter certificate under the Beef Assurance Scheme as described in Schedule 1 to the Fresh Meat (Beef Controls)(No 2) Regulations 1996 if the carcase is consigned to a licensed cutting premises.
Removal of specified risk material from carcases elsewhere
34.
- (1) Subject to the following provisions of this regulation, when specified risk material is removed from the carcase of a ruminant animal elsewhere than in a slaughterhouse, the occupier of the premises at which the specified risk material is removed shall ensure that it is removed as soon as is reasonably practicable after the death of the animal and that it is stained blue immediately.
(2) The occupier of those premises shall ensure that the specified risk material does not come into contact with any other animal material (except material derived from animals tested for the presence of TSE which is required to be disposed of as if it were specified risk material) while on the premises and that it is disposed of in accordance with this Part of these Regulations.
(3) In the case of specified risk material which is intended to be examined by or on behalf of an inspector, the specified risk material shall not be stained until after the completion of the examination.
(4) An occupier of premises other than a slaughterhouse in possession of any material derived from a carcase of an animal in relation to which there is carried out (whether by an inspector or on behalf of the occupier or any other person) any test for the presence of a TSE shall, if he disposes of the material before a negative result in respect of the test is received, ensure that the material is stained, stored and consigned for disposal as if it were specified risk material.
(5) The provisions of this regulation shall not apply in the case of a post-mortem examination carried out by a veterinary surgeon at a farm, provided that he makes arrangements for the disposal of the whole of the carcase by burial there.
Inspection and marking of carcases in a slaughterhouse
35.
- (1) The occupier of any slaughterhouse shall permit an inspector, or a person acting under the responsibility of an inspector, to -
(2) The occupier of any slaughterhouse shall give to any inspector, or a person acting under the responsibility of an inspector, such reasonable assistance as he may require.
(3) The occupier of a slaughterhouse or cutting premises shall permit an inspector, or a person acting under the responsibility of an inspector, to inspect the carcase of any sheep or goat consigned there so that he can check whether the specified risk material has been removed from the carcase in accordance with this Part of these Regulations; and the occupier shall give to any such person such reasonable assistance as he shall require.
Removal of vertebral column of bovine animals in cutting premises
36.
- (1) Where a carcase of a bovine animal containing vertebral column which is specified risk material -
the occupier of that cutting premises shall ensure that the vertebral column is removed from the rest of the carcase at the premises as soon as is practicable after the arrival of the carcase there.
(2) The occupier of licensed cutting premises shall permit an inspector, or a person acting under the responsibility of an inspector, to inspect the carcase of any bovine animal consigned there so that it can be checked whether the specified risk material has been removed from the carcase in accordance with these Regulations; and the occupier shall give to an inspector such reasonable assistance as he shall require.
(3) The occupier of cutting premises at which vertebral column is removed in accordance with this regulation shall ensure that it is -
(4) If the vertebral column which is specified risk material is removed at any premises other than a slaughterhouse or cutting premises for the purposes of veterinary or scientific examination, after that examination both the spinal cord and the vertebral column shall be stained blue and disposed of as specified risk material in accordance with this Part of these Regulations
(5) In this regulation, "carcase" means any whole carcase, half carcase or quarter carcase.
Removal of SRM spinal cord of bovine animals, sheep and goats
37.
- (1) Where a carcase of a bovine animal, sheep or goat, or bone-in carcase meat from a bovine animal, sheep or goat, is consigned to a slaughterhouse or cutting premises licensed for the purpose of this Part of these Regulations the occupier of that slaughterhouse or cutting premises shall ensure that the spinal cord which is specified risk material is removed from the rest of the carcase or meat.
(2) If the spinal cord which is specified risk material is removed in a slaughterhouse or at cutting premises licensed for the purpose of this Part of these Regulations, the occupier shall ensure that it is stained in accordance with regulation 33(3) above, and disposed of as specified risk material in accordance with this Part of these Regulations.
(3) If the spinal cord which is specified risk material is removed at any premises, other than a licensed slaughterhouse or licensed cutting premises, for the purposes of veterinary or scientific examination, after that examination the spinal cord shall be stained blue and disposed of as specified risk material in accordance with this Part of these Regulations.
Young lamb stamp
38.
- (1) Where a sheep or goat is slaughtered in a slaughterhouse, and at the time of slaughter there was no permanent incisor tooth erupted or it was aged not more than 12 months, the carcase of the animal shall be marked with the young lamb stamp.
(2) The young lamb stamp shall consist of a circular mark 5 centimetres in diameter containing in legible form in letters 1 cm high the words "MHS" and "YL", and shall be applied by an OVS, or an inspector or a meat technician acting under the responsibility of an OVS, and no other person shall apply the young lamb stamp or possess the equipment for applying the stamp.
(3) No person shall use any stamp so resembling the young lamb stamp, or in such a way, as to be likely to suggest that any carcase other than a carcase of a sheep or goat in which there was no permanent incisor erupted, is such a carcase.
(4) The Agency may, in relation to any slaughterhouse or licensed cutting premises, appoint as meat technicians such number of persons as are necessary to assist the OVS and inspectors in carrying out their functions under paragraph (2) above.
Staining of specified risk material
39.
- (1) In this Part of these Regulations "stained blue" in relation to any material means being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No 42051[21]) in such a way that the colouring is clearly visible -
except that, if the tongue is to be removed, this shall be done immediately after slaughter and the head shall be stained immediately after the removal of the tongue.
(2) In this Part of these Regulations "stained yellow" in relation to any material means being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Tartrazine (E102, Colour Index No 19140) in such a way that the colouring is clearly visible over the whole surface of the material.
(3) The requirement in regulations 33 and 34 above to stain specified risk material shall not apply -
(4) Where specified risk material has been stained in accordance with regulations 33 or 34 above, the occupier of any premises at which such material is stored or handled and, in the case of a place licensed under this Part of these Regulations, the operator of that place, shall take appropriate measures to ensure that colouring remains visible -
until the stained specified risk material is incinerated or rendered.
(5) Where specified risk material is required to be stained in accordance with regulation 33 or 34 above but has not been so stained, the occupier of any premises at which such material is stored or handled and, in the case of a place licensed under this Part of these Regulations, the operator of that place, shall, as soon as practicable after he becomes aware that the specified risk material was required to be stained in accordance with regulation 33 or 34 above, inform the Secretary of State and detain the specified risk material until it has been inspected or collected on behalf of the Secretary of State or the Secretary of State has informed him that it may be disposed of in accordance with the requirements of this Part of these Regulations.
Consignment of specified risk material after removal from carcases
40.
Once specified risk material has been removed from the carcase and treated in accordance with this Part of these Regulations, including any material treated as if it were specified risk material in accordance with regulation 33(5) or 34(4) above, or, in the case of specified solid waste, recovered from the drainage system, the person responsible for its removal or recovery shall, without unreasonable delay, send it directly to -
Presence of an OVS
41.
- (1) An OVS, or an inspector or meat technician acting under the responsibility of an OVS, shall be present at any slaughterhouse where any carcase of a sheep or goat that is not marked with a young lamb stamp is being loaded for delivery to licensed cutting premises, and he shall supervise the loading.
(2) An OVS, or an inspector or meat technician acting under the responsibility of an OVS, shall be present at any cutting premises where any carcase of a sheep or goat that is not marked with a young lamb stamp is being unloaded, and he shall supervise the unloading.
(3) Immediately after the loading referred to in paragraph (1) above the delivery vehicle shall be sealed by an OVS, or an inspector or meat technician acting under the responsibility of an OVS, and no other person may seal such a vehicle.
(4) On arrival at licensed cutting premises a sealed vehicle shall be unsealed by an OVS, or an inspector or meat technician acting under the responsibility of an OVS, and no other person may unseal such a vehicle.
(5) The Agency may, in relation to any slaughterhouse or licensed cutting premises, appoint as meat technicians such number of persons as are necessary to assist the OVS and inspectors in carrying out their functions under this regulation.
(2) The prohibitions in paragraph (1) above shall not apply to brain or eyes removed from such carcases in premises for the purposes of veterinary or scientific examination or research, providing that the part of the premises in which the examination or research is carried out is kept free from food, feedingstuffs, any cosmetic, pharmaceutical or medical product and their starting materials or intermediate products.
Prohibition on the removal of spinal cord
45.
- (1) No person shall remove the spinal cord or any part of it from the vertebral column of a sheep or goat in which there was at least one permanent incisor tooth erupted or which was aged more than 12 months at the date of slaughter, except -
(b) in premises for the purposes of veterinary or scientific examination.
(2) No person shall remove the spinal cord or any part of it from the vertebral column of a bovine animal aged six months or more, or longitudinally split the vertebral column of such an animal, except -
Transport of unmarked carcases of sheep and goats
46.
- (1) No person shall transport from a slaughterhouse a carcase of a sheep or goat suitable for human consumption that is not marked with a young lamb stamp, except -
(2) No person shall transport a carcase in accordance with paragraph (1) above unless the carcase is accompanied by a document indicating -
Possession of unmarked carcases of sheep and goats
47.
- (1) No person shall have in his possession elsewhere than in a licensed slaughterhouse, in a sealed vehicle or at licensed cutting premises a carcase of a sheep or goat intended for sale for human consumption containing spinal cord, unless it is stamped with a young lamb stamp.
(2) No person shall transport a sheep carcase -
unless he has in his possession, in addition to the document required by regulation 46(2) above, a copy of the declaration required by regulation 33(9)(b) above and the carcase has been marked with the export mark required by regulation 16A of the Specified Risk Material Regulations 1997.
(3) Where an inspector certifies that any sheep carcase has been possessed in contravention of paragraph (1) above or transported in contravention of paragraph (2) above that carcase shall be treated for the purposes of section 9 of the Food Safety Act 1990 as failing to comply with food safety requirements.
(2) Paragraph (1) above shall not apply to -
in the preparation of any feedingstuff for feeding to any animal for research purposes in a research establishment licensed under these Regulations in accordance with any conditions subject to which the licence is issued.
(3) Subject to paragraph (4) below, no person shall sell or supply any specified risk material, or any feedingstuff which he knows or has reason to suspect contains any specified risk material, for feeding to any animal.
(4) Paragraph (3) above shall not apply to the sale or supply of any feedingstuff to a research establishment licensed under these Regulations in accordance with any conditions subject to which the licence is issued.
(5) Subject to paragraph (6) below, no person shall feed to any animal -
(6) Paragraph (5)(a) and (b) above shall not apply to the feeding to any animal of any specified risk material or feedingstuff for research purposes in a research establishment licensed under these Regulations and in accordance with any conditions subject to which the licence is issued; or
(7) For the purposes of this regulation -
(8) It shall be a defence for any person charged with an offence under this regulation to prove that he did not know or have any reason to believe that the material or the feedingstuff in relation to which he is charged comprised or contained, specified risk material.
Specified risk material for use in cosmetic, pharmaceutical and medical products
50.
- (1) No person shall sell any UK specified risk material for use in the preparation or manufacture of any cosmetic, pharmaceutical or medical product.
(2) No person shall use any UK specified risk material in the preparation or manufacture of any ingredient to be sold for use in the preparation or manufacture of a cosmetic, pharmaceutical or medical product.
(3) The prohibitions in paragraphs (1) and (2) above shall apply to anything derived from UK specified risk material as if it were UK specified risk material.
(4) It shall be a defence for any person charged with an offence under paragraph (1) or (2) above to prove that he did not know or have any reason to believe that the material was, or was derived from, UK specified risk material.
Mechanically recovered meat
51.
- (1) Any person who contravenes or fails to comply with point 3 of Part A of Annex XI to the Community TSE Regulation in the production of mechanically recovered meat shall be guilty of an offence.
(2) No person shall use any mechanically recovered meat which has been derived from any bone of a bovine, ovine or caprine animal in the preparation of any food for sale for human consumption or any feedingstuff.
unless the premises are licensed for the purpose under this Part of these Regulations by the Licensing Authority.
Storage of specified risk material
53.
- (1) Subject to paragraph (2) below, no person shall store specified risk material in the same room on any premises as any food, feedingstuff or any cosmetic, pharmaceutical or medical product.
(2) The requirement in paragraph (1) above shall not apply where an inspector has approved the storage of specified risk material in the same room as any food, feedingstuff or any cosmetic, pharmaceutical or medical product, on being satisfied that the arrangements for storage will ensure the adequate separation of the specified risk material from the food, feedingstuff or product.
(3) No person shall store specified risk material otherwise than in an impervious container which -
Transport of specified risk material
54.
- (1) No person shall transport specified risk material unless -
(2) No person shall transport specified risk material unless -
(b) it is kept covered at all times while in the container except when necessary for loading into the container or examination by an inspector.
(3) Any person transporting specified risk material shall ensure that the container in which the specified risk material is transported is thoroughly washed and disinfected before being used for any other purpose.
Procedure for bringing in specified risk material from Scotland, Wales or Northern Ireland
55.
- (1) No person shall bring specified risk material into England from Scotland, Wales or Northern Ireland unless -
(2) Any person bringing specified risk material into England from Scotland, Wales or Northern Ireland shall immediately transport it to one of the destinations specified in regulation 40 above.
(b) license any occupier of a slaughterhouse or cutting premises to use the slaughterhouse or cutting premises in connection with -
subject to such conditions as the Authority believes are necessary to ensure the occupier of the slaughterhouse or cutting premises is able to comply with the requirements of Part A of Annex XI to the Community TSE Regulation and these Regulations which apply to the use concerned.
(2) On an application made by an occupier of any premises to the Licensing Authority for a licence under this regulation, the Authority shall grant the occupier a licence if it is satisfied that -
(3) In considering applications for a licence for the purposes of this regulation the Licensing Authority may (in addition to any other relevant matters) have regard to the need for the efficient enforcement of this Part of these Regulations.
(4) In this Part of these Regulations -
Licensing for the use of specified risk material in production or research
57.
- (1) The Secretary of State may licence the occupier of any premises to use the premises for -
subject to such conditions as she believes are necessary to ensure the occupier of the premises is able to comply with the separation requirements of that Article which apply to the production or the keeping concerned.
(2) On an application made to her under this regulation for a licence the Secretary of State shall grant the licence if she is satisfied that -
(b) the use of the specified risk material in the production or keeping concerned does not give rise to risk -
(3) The occupier of premises licensed under this regulation shall -
(b) ensure that any person employed by him, and any person invited to the premises, complies with these conditions.
(4) The occupier of any premises licensed under this regulation shall permit an inspector, or a person acting under the responsibility of an inspector, to -
and shall give to an inspector, or any person acting under the responsibility of the inspector, such reasonable assistance as he may require.
(5) No person shall carry out any operation in relation to specified risk material at premises licensed under this regulation except in accordance with any conditions specified in the licence and with the provisions of this Part of these Regulations and Schedule 5 below relating to that operation.
Applications for licences
58.
- (1) An application for a licence under this Part of these Regulations shall be made in writing to the Licensing Authority by or on behalf of the occupier of the premises to which the application relates.
(2) The Licensing Authority shall notify the applicant in writing of the Authority's decision on an application made to it in accordance with this regulation.
(3) A licence under this Part of these Regulations shall specify -
(4) If the Authority refuses to licence the premises or grants a licence subject to any condition it shall give to the applicant a statement of -
Requirements of use of licensed premises
59.
- (1) An occupier licensed to use premises under this Part of these Regulations shall -
(2) An occupier licensed to use premises under this Part of these Regulations shall permit an inspector, or a person acting under the responsibility of an inspector, to -
and shall give to an inspector, or any person acting under the responsibility of the inspector, such reasonable assistance as he may require.
(3) No person shall carry out any operation in relation to specified risk material at premises licensed under this regulation except in accordance with the requirements of these Regulations and any conditions specified in the licence.
Suspension of licences
60.
- (1) The Licensing Authority may suspend a licence under this Part of these Regulations if it appears to the Authority that -
(b) any condition specified in the licence has not been complied with;
(c) inspection of the premises for the purposes of these Regulations is being hampered or denied; or
(d) a notice has been served on the occupier in relation to the use of the premises under this Part of these Regulations and the Authority is not satisfied that the action required by the notice to be taken by the occupier has been taken within the time required;
(2) Before suspending a licence the Licensing Authority shall -
(3) A notice of suspension of a licence shall include the following information -
(4) Where a suspension of a licence of premises under this regulation has taken effect the premises shall be treated as if they were not licensed for the use for which the licence is suspended.
(5) The Licensing Authority shall lift a suspension of a licence where -
(b) the determination of an appeal under this Part of these Regulations against the suspension is that the licence should not have been suspended.
(6) Where the Licensing Authority lifts a suspension it shall give notice of this to the person to whom it gave notice of the suspension.
Revocation of licences
61.
- (1) The Licensing Authority may revoke a licence under this Part of these Regulations if it appears to the Authority that -
(b) any condition specified in the licence has not been complied with;
(c) inspection of the premises for the purposes of these Regulations is being hampered or denied;
(d) a notice has been served on the occupier in relation to the use of the premises under this Part of these Regulations and the Authority is not satisfied that the action required by the notice to be taken by the occupier has been taken within the time required;
(e) the person using the premises for the use for which they are licensed no longer wishes to carry on that use of the premises; or
(f) the premises are not being used for the use for which they are licensed;
(2) Before revoking a licence the Licensing Authority shall -
(3) A notice of revocation of a licence shall include the following information -
(4) Subject to paragraph (7) below, where a statement under paragraph (3)(e)(ii) above is included in a notice of revocation of a licence, premises may continue to be used by the occupier for a use for which a licence is revoked during the period of 21 days after the notification to the occupier of the revocation.
(5) After the expiry of this period the premises may not be used for the use for which the licence is revoked unless before the period expired an appeal was made in accordance with regulation 62 below and the appeal has not been finally disposed of or abandoned.
(6) Where the licensing Authority has given notice of a decision to revoke the licence of premises and the notice of revocation included a statement under paragraph (3)(e)(i) above, the occupier of the premises shall not use the premises for the use for which the licence is revoked.
(7) Where the licensing Authority has given notice of a decision to revoke the licence of premises and the notice of revocation included a statement under paragraph (3)(e)(ii) above, the occupier of the premises shall not use the premises for the use for which the licence is revoked except in accordance with the conditions specified in the statement.
Appeals against suspension and revocation of licences
62.
- (1) Where in respect of any premises the Licensing Authority has given notice of a decision under this Part of these Regulations -
the occupier may, within 21 days of being notified of the decision, appeal against the decision to the person or tribunal specified in the notice.
(2) An appeal under this regulation shall be made by written statement given to the person or tribunal specified in the notice accompanied by a brief explanation of the ground of the appeal and such other information and documents as may be so specified.
(3) Where on an appeal under this regulation the person or tribunal hearing the appeal determines that -
the Licensing Authority shall give effect to that determination.
(4) No person shall consign specified risk material from a licensed collection centre except to a licensed incinerator or a licensed rendering plant.
Incinerators
64.
- (1) Any person delivering specified risk material to a licensed incinerator shall state in writing to the operator of the incinerator concerned the place from which that specified risk material was collected for delivery to that incinerator.
(2) No person shall operate an incinerator incinerating specified risk material unless -
(3) The occupier of a licensed incinerator shall incinerate all specified risk material delivered to him to a standard specified in the licence and in such a way that all moisture is removed, the material is reduced to ash and the ash is disposed of in accordance with the terms of the licence.
(4) No person shall remove specified risk material from a licensed incinerator unless it has been completely incinerated.
(3) For the purposes of this Part of these Regulations, references to specified risk material shall include references to any -
Rendering of specified risk material
67.
- (1) The operator of a licensed rendering plant shall ensure that specified risk material is processed without undue delay and in any event within seven days of delivery using one of the methods described in Part II of Schedule 5 below.
(2) No person shall move from the unclean section of a licensed rendering plant, as so specified by the occupier in accordance with paragraph 3 of Part I of Schedule 5 to the Regulations, into the clean section as so specified without first changing his working clothes and footwear and disinfecting the latter.
(3) The operator of an approved rendering plant shall ensure (except as provided by paragraph (4) below) that any equipment used for processing specified risk material is used only for that purpose.
(4) Subject to paragraph (5) below, the Secretary of State may, on application by the operator of a licensed rendering plant, consent to the use for other purposes of equipment previously used for processing specified risk material.
(5) No consent given under paragraph (4) above shall be effective until the Secretary of State has indicated in writing that she is satisfied that the equipment concerned has been cleaned in accordance with any conditions specified in that consent.
(6) No person shall take equipment or utensils from the unclean section of into the clean section of a licensed rendering plant unless they are first washed and disinfected.
(7) The occupier of a licensed rendering plant shall ensure that systematic measures are taken to control birds, rodents, insects and other vermin on the premises.
(8) The occupier of a licensed rendering plant shall ensure that the premises and equipment on the premises are kept in a good state of repair and that measuring equipment is regularly calibrated.
Rendered material
68.
- (1) After any specified risk material has been rendered at a licensed rendering plant the operator of the plant shall ensure that the rendered material is placed in a container labelled "specified risk material" and disposed of -
(2) An operator of an approved rendering plant shall ensure that rendered material produced from any specified risk material -
unless the specified risk material has been processed at the plant in accordance with method 4 prescribed in Part II of Schedule 5 below.
(3) Material rendered from animal material, other than specified risk material from scheme animals, shall be disposed of by burning in a manner which has been authorised under the Environmental Protection Act 1990, the Pollution Prevention and Control (England and Wales) Regulations 2000 or the Pollution Prevention and Control (Scotland) Regulations 2000.
(2) Any person who transfers any specified risk material from any part of any premises licensed for the removal, collection, disposal or destruction of any specified risk material to another part of the premises shall make on transfer a record of each transfer showing the date on which the specified risk material was transferred and the quantity and description of the material transferred.
(3) A person who collects any specified risk material from any premises for the purpose of transporting it shall make on collection a record showing -
and shall ensure this record accompanies the specified risk material during transport.
(4) A person who receives any specified risk material collected from any premises shall make on receipt a record showing -
(5) In addition to any records he is required to make under paragraph (1) and (4) above, an occupier of rendering premises shall make a record of any specified risk material he renders at the premises showing -
(6) Any record required to be made under this regulation shall be kept by or on behalf of the person who is required to make it for a period of two years from the date on which the record is made.
Cleansing and disinfection
70.
- (1) If an inspector suspects that any vehicle, container or premises constitute a disease risk he may serve a notice on the person in charge of the vehicle or container, or on the occupier of the premises, requiring that person to cleanse and disinfect, at his own expense and in such a manner and within such period as may be specified in the notice, -
(2) The notice may -
(3) If any person on whom a notice is served under paragraph (1) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the authority on whose behalf the inspector served the notice.
Powers of inspectors
71.
- (1) An inspector may make such enquiries and carry out such investigations as he considers necessary for any purpose connected with the administration or enforcement of this Part of these Regulations.
(2) An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable times to enter any premises (excluding premises used only as a dwelling) to -
(b) ascertain whether -
(c) collect, pen, inspect and examine any TSE susceptible animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;
(d) inspect and examine -
(e) take such samples from, and make such tests in relation to, any -
as he considers necessary;
(f) mark for identification purposes any specified risk material or TSE susceptible animal, or the carcase of such an animal;
(g) serve on the person in charge of a TSE susceptible animal, or the person in possession of the carcase of any such animal or in possession of any specified risk material, a notice -
(h) issue a licence in connection with the movement of any specified risk material, TSE susceptible animal or the carcase or such an animal;
(i) seize any specified risk material, TSE susceptible animal or the carcase of such an animal;
(j) serve a notice requiring any cleansing and disinfection or carry out or cause to be carried out any cleansing and disinfection;
(k) serve any notice -
(l) inspect -
(m) inspect any facility, operation or procedure at the premises, including -
(n) serve any licence, suspension of a licence, withdrawal of a licence or revocation of a licence under this Part of these Regulations;
(o) give any direction under regulation 73 below;
(p) slaughter any TSE susceptible animal or serve any notice in connection with the slaughter of the animal;
(q) examine any record, in whatever form the record may be held, and take copies of the record;
(r) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; or
(s) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or Schedule V to these Regulations or any evidence of any such contravention or failure.
(3) No person except an inspector shall remove or otherwise interfere with any mark applied under paragraph (2)(f) above.
(4) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and either -
he may issue a warrant authorising an inspector to enter the premises for that purpose if need be by reasonable force.
(5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his employees and any person on the premises who is or has been in possession or charge of any specified risk material, or any animal or carcase, which is or has been on the premises, shall -
(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him -
(7) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Recall, seizure and destruction of feedingstuffs
72.
- (1) An inspector may serve on any person in whose possession is found any feedingstuff containing specified risk material, except a feedingstuff prepared for use at premises licensed for that use under regulation 56 above, a notice requiring that person to dispose of the feedingstuff, and any other feedingstuff or material with which it has come into contact, in such manner and within such period as may be specified in the notice.
(2) An inspector may serve on any person who has sold or supplied any feedingstuff containing specified risk material a notice requiring that person to collect that feedingstuff at his own expense from the person to whom he supplied or sold it, or from such other person to whom it may have subsequently been supplied or sold, and to transport it to such place and dispose of it within such time as may be specified in the notice.
(3) If any person on whom a notice is served under paragraph (1) or (2) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice.
(4) The amount of any expenses reasonably incurred by or on behalf of an inspector acting pursuant to paragraph (3) above shall be recoverable as a debt from the person in default by the authority on whose behalf the inspector served the notice.
Directions
73.
- (1) If the Secretary of State or the Agency is satisfied that specified risk material cannot be disposed of under the provisions of these Regulations, whether for reasons of mechanical breakdown of equipment or otherwise, the Secretary of State or the Agency respectively may give written directions to the owner or person in control of the specified risk material for its disposal in a safe manner.
(2) In the event of any person not complying with such a direction given by the Secretary of State, the Secretary of State may make arrangements for the disposal of the specified risk material.
(3) In the event of any person not complying with such a direction given by the Agency, the Agency may make arrangements for the disposal of the specified risk material.
(4) The expenses of the Secretary of State or the Agency under paragraph (2) or (3) above shall be recoverable as a debt from the person who has failed to comply with the direction.
Compliance with notices
74.
- (1) Any notice served under this Part of these Regulations shall be complied with at the expense of the person on whom the notice is served.
(2) If a notice under this regulation is not complied with, an inspector may arrange for it to be complied with and any costs reasonably incurred by an inspector in respect of such an arrangement shall be recoverable as a debt from the person who has failed to comply with the notice.
Slaughterhouse staff training
75.
The occupier of any slaughterhouse where specified risk material is removed from carcases pursuant to this Part of these Regulations shall arrange or establish in consultation with an OVS a staff training programme to train staff to comply with those requirements of this Part of these Regulations which they perform at the slaughterhouse.
Occupier's duty and offences
76.
- (1) An occupier of any premises used for the purposes of a business in course of which any commercial operation with respect to food or food sources is carried out shall take all practicable steps to secure compliance by any of his employees with the provisions of these Regulations which apply to those operations in relation to those premises.
(2) If any person contravenes or fails to comply with -
he shall be guilty of an offence.
(3) A person guilty of an offence under this regulation shall be liable -
(4) No prosecution for an offence under any of the provisions referred to in paragraph (2) above shall be begun after the expiry of -
whichever is the earlier.
(5) In this regulation "commercial operation" and "food source" have the same meanings as in the Food Safety Act 1990.
Inspection and seizure of suspected food
77.
- (1) The following provisions of the Food Safety Act 1990 shall apply for the purposes of this Part of these Regulations as they apply for the purposes of sections 8, 14 or 15 of that Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to this Part of these Regulations -
as it applies to an authorised officer of a food authority.
(2) On an inspection for the purposes of this Part of these Regulations of any food intended for human consumption an inspector may certify that the food fails to comply with a provision of this Part.
(3) Where any food is certified as mentioned in paragraph (2) above it may be treated for the purposes of section 9 of the Food Safety Act 1990 as failing to comply with food safety requirements.
(4) Paragraph (3) above shall not apply to any TSE which has been introduced deliberately into an animal, a carcase or a sample -
Measures for the purposes of Chapter IV of the Community TSE Regulation
79.
- (1) An inspector may make such enquiries and carry out such investigations as he considers necessary for any purpose connected with the administration or enforcement of Chapter IV of the Community TSE Regulation.
(2) For any such purpose an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable times to enter any premises (excluding premises used only as a dwelling) to -
(c) collect, pen, inspect and examine any TSE susceptible animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;
(d) inspect and examine the carcase of such an animal;
(e) make such tests and take such samples from any TSE susceptible animal, or the carcase of such an animal, as he considers necessary;
(f) mark for identification purposes any TSE susceptible animal, or the carcase of such an animal, or administer or otherwise attach to any TSE susceptible animal an electronic identification device;
(g) serve a notice to restrict or prohibit the movement of any TSE susceptible animal or the carcase of such an animal;
(h) issue a licence in connection with the movement of any TSE susceptible animal or the carcase or such an animal;
(i) seize any TSE susceptible animal, the carcase of such an animal, any part of such a carcase or any blood, and serve any notice in connection with the seizure;
(j) give any direction under regulation 83 below;
(k) serve any notice in connection with the slaughter of any TSE susceptible animal;
(l) slaughter any TSE susceptible animal;
(m) serve a notice requiring any cleansing and disinfection or carry out or cause to be carried out any cleansing and disinfection;
(n) examine any record, in whatever form the record may be held, and take copies of the record;
(o) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; or
(p) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or any evidence of any such contravention or failure.
(3) No person except an inspector shall remove or otherwise interfere with any mark applied to a TSE susceptible animal or the carcase of such an animal under paragraph (2)(f) above and no person except a veterinary inspector shall remove or otherwise interfere with any electronic identification device attached to or otherwise administered to such an animal under that paragraph.
(4) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and either -
he may issue a warrant authorising an inspector to enter the premises for that purpose if need be by reasonable force.
(5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his employees and any person on the premises who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall -
(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him -
(7) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Movement prohibitions and restrictions of TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation
80.
- (1) This regulation applies where an inspector is satisfied that for any purpose connected with the administration or enforcement of Chapter IV of the Community TSE Regulation it is necessary to prohibit or restrict the movement of any TSE susceptible animal, whether or not the animal is suspected of being affected by a TSE, from or to any premises.
(2) For any such purpose an inspector may, by notice in writing served on the owner or person in charge of any animal, prohibit or restrict the movement of the animal from or to any premises described in the notice for such period, and subject to such requirements or conditions, as he considers necessary for that purpose and specifies in the notice.
(3) During the period in which the notice is in force a veterinary inspector may renew it subject to such requirements or conditions as he considers necessary for the same or a shorter period.
(4) A notice which is renewed may be renewed from time to time in a similar manner by a veterinary inspector.
(5) Where a notice is in force under this regulation the requirements or conditions of which allow movement of any animal suspected of being affected by a TSE from premises on the authority of a licence issued by a veterinary inspector, a veterinary inspector may issue a licence for this purpose subject to such requirements or conditions as he considers necessary.
(6) Where an animal or carcase is being moved under the authority of a licence issued under this Part of these Regulations the person in charge of the animal or carcase being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a member of a police force, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.
Slaughter of TSE susceptible animals at slaughterhouses for the purposes of Chapter IV of the Community TSE Regulation
81.
- (1) This regulation and regulation 82 below apply where the Secretary of State is satisfied it is necessary to slaughter any TSE susceptible animal for the purposes of Chapter IV of the Community TSE Regulation.
(2) Where the Secretary of State is satisfied that it is necessary for these purposes to slaughter a TSE susceptible animal at premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 an inspector shall so inform the occupier of the premises concerned and direct the occupier to slaughter the animal in such manner and period as the inspector directs.
(3) Before an inspector gives an occupier a direction to slaughter an animal under this regulation he shall consider the hygiene, specified risk material or animal welfare requirements with which the occupier must comply at the slaughterhouse in relation to -
(4) Where the inspector is satisfied that for the purpose of complying with any of these requirements the occupier must -
the inspector shall direct the occupier to slaughter the other animal or carry out the related operation in such manner and period as the inspector directs.
(5) Directions from an inspector to an occupier under this regulation may include directions in relation to -
(6) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given.
(7) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with and any costs reasonably incurred by an inspector in respect of such an arrangement shall be recoverable as a debt from the person who has failed to comply with the direction.
Slaughter of TSE susceptible animals at other premises for the purposes of Chapter IV of the Community TSE Regulation
82.
- (1) Where the Secretary of State is satisfied that it is necessary for the purposes of Chapter IV of the Community TSE Regulation to slaughter a TSE susceptible animal at premises other than premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 a veterinary inspector shall serve a notice of intended slaughter on the owner or person in charge of the animal -
(2) After considering any representations received during this period from the owner or person in charge of the animal, the Secretary of State shall either -
(3) After service of the notice to confirm the intended slaughter of the animal the Secretary of State shall cause the animal to be slaughtered as soon as possible having regard to the requirements of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation.
Retention, seizure and disposal of carcases etc. of TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation
83.
- (1) This regulation applies where the Secretary of State is satisfied that for any purpose connected with the administration or enforcement of Chapter IV of the Community TSE Regulation it is necessary -
(2) For any such purpose an inspector may -
(3) Directions from an inspector to an occupier under this regulation to retain a carcase, part of a carcase or blood derived from any carcase or part may include directions in relation to the treatment, storage and disposal of the carcase, part or blood.
(4) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given.
(5) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with and any costs reasonably incurred by an inspector in respect of such an arrangement shall be recoverable as a debt from the person who has failed to comply with the direction.
Compensation for slaughtered TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation
84.
- (1) Where a TSE susceptible animal is slaughtered under regulation 81 or 82 above the Secretary of State shall pay compensation to the owner of the animal in accordance with the provisions of Part III of Schedule 1 below.
(2) The Secretary of State shall pay compensation in accordance with the provisions of Part IV of Schedule 1 below to the owner of any carcase, part of a carcase or blood seized or disposed of under regulation 82 above.
Prohibition of sale, supply and use of milk from affected or suspected animals
85.
- (1) Subject to paragraph (2) below, no person shall knowingly -
any milk which he knows or has reason to suspect has been produced by a bovine animal suspected of being affected by bovine spongiform encephalopathy, a bovine animal in which the presence of bovine spongiform encephalopathy has been officially confirmed or any bovine animal referred to in Article 13 of, and point 1(a) of Annex VII to, the Community TSE Regulation as being at risk of being affected by bovine spongiform encephalopathy.
(2) The prohibitions in paragraph (1) above shall not apply -
Cleansing and disinfection
86.
- (1) A veterinary inspector may serve on the occupier of any premises on which there is, or has within 56 days been, a TSE susceptible animal, or the carcase of such an animal, a notice requiring him to cleanse and disinfect, at his own expense and in such a manner and within such period as may be specified in the notice, -
(2) If any person on whom a notice is served under paragraph (1) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the authority on whose behalf the inspector served the notice.
(b) any semen, embryos or ova derived from any such bovine, ovine or caprine animal,
and any veterinary surgeon or other person who, in the course of his duties, examines or inspects any such progeny, semen, embryos or ova shall, with all practicable speed, notify the fact to the Divisional Veterinary Manager.
(2) A person who has in his possession or under his charge on any premises any animal he reasonably suspects is an animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal shall detain it on the premises until it has been examined by a veterinary inspector.
(3) A person who, in the course of a laboratory examination of the carcase of an animal, or any semen, embryos or ova derived from an animal, reasonably suspects it is an animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, shall -
Measures to administer and enforce Article 15(2) of and Chapter B of Annex VIII to the Community TSE Regulation
88.
- (1) An inspector may make such enquiries and carry out such investigations as he considers necessary for any purpose connected with the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation.
(2) For any such purpose an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable times to enter any premises (excluding premises used only as a dwelling) to -
(d) mark for identification purposes, or administer or otherwise attach an electronic identification device to, any -
(e) serve a notice to restrict or prohibit the movement, or issue a licence in connection with the movement, of -
(f) seize or dispose of -
(g) serve any notice in connection with the slaughter, or slaughter, -
(h) give a direction under regulation 92 below
(i) serve a notice requiring any cleansing and disinfection or carry out or cause to be carried out any cleansing and disinfection;
(j) examine any record, in whatever form the record may be held, and take copies of the record;
(k) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; or
(l) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or any evidence of any such contravention or failure.
(3) No person except an inspector shall remove or otherwise interfere with any mark applied to any animal or carcase under paragraph (2)(d) above and no person except a veterinary inspector shall remove or otherwise interfere with any electronic identification device attached to or otherwise administered to such an animal under that paragraph.
(4) If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and that either -
he may issue a warrant authorising an inspector to enter the premises for that purpose if necessary using reasonable force.
(5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his employees and any person on the premises who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall -
(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him -
(7) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Movement prohibitions and restrictions
89.
- (1) This regulation applies where an inspector is satisfied that for any purpose connected with the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation it is necessary to prohibit or restrict the movement from or to any premises of -
(2) For any such purpose an inspector may, by notice in writing served on the owner or person in charge of any animal, prohibit or restrict the movement of the animal or carcase, or semen, embryos or ova, from or to any premises described in the notice for such period, and subject to such requirements or conditions, as he considers necessary for that purpose and specifies in the notice.
(3) During the period in which the notice is in force a veterinary inspector may renew it subject to such requirements or conditions as he considers necessary for the same or a shorter period.
(4) A notice which is renewed may be renewed from time to time in a similar manner by a veterinary inspector.
(5) Where a notice is in force under this regulation the requirements or conditions of which allow movement of any animal or carcase, or semen, embryos or ova, from premises on the authority of a licence issued by a veterinary inspector, a veterinary inspector may issue a licence for this purpose subject to such requirements or conditions as he considers necessary.
(6) Where an animal or carcase, or semen, embryos or ova, is being or are being moved under the authority of a licence issued under this Part of these Regulations the person in charge of the animal or carcase or semen, embryos or ova being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a member of a police force, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.
Slaughter at slaughterhouses
90.
- (1) This regulation and regulation 91 below apply where, for the purposes of the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation, the Secretary of State is satisfied it is necessary to slaughter -
(2) Where the Secretary of State is satisfied that for these purposes it is necessary to slaughter an animal of a description referred to in paragraph (1) above at premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 an inspector shall so inform the occupier of the premises concerned and direct the occupier to slaughter the animal in such manner and period as the inspector directs.
(3) Before an inspector gives an occupier a direction to slaughter an animal under this regulation he shall consider the hygiene, specified risk material or animal welfare requirements with which the occupier must comply at the slaughterhouse in relation to -
(4) Where the inspector is satisfied that for the purpose of complying with any of these requirements the occupier must -
the inspector shall direct the occupier to slaughter the other animal or carry out the related operation in such manner and period as the inspector directs.
(5) Directions from an inspector to an occupier under this regulation may include directions in relation to -
(6) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given.
(7) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with and any costs reasonably incurred by an inspector in respect of such an arrangement shall be recoverable as a debt from the person who has failed to comply with the direction.
Slaughter at other premises
91.
- (1) Where the Secretary of State is satisfied it is necessary to slaughter an animal of a description referred to in regulation 90(1) above at premises other than premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 a veterinary inspector shall serve a notice of intended slaughter on the owner or person in charge of the animal -
(2) After considering any representations received during this period from the owner or person in charge of the animal, the Secretary of State shall either -
(3) After service of the notice to confirm the intended slaughter of the animal the Secretary of State shall cause the animal to be slaughtered as soon as possible having regard to the requirements of Article 15(2) of, and Chapter B of Annex VIII to the Community TSE Regulation.
Retention, seizure and disposal of carcases etc.
92.
- (1) This regulation applies where for any purpose connected with the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to the Community TSE Regulation, the Secretary of State is satisfied it is necessary -
(b) to seize from any premises any such animal, semen, embryos, ova, carcase, part of a carcase or blood.
(2) For any such purpose an inspector may -
(3) Directions from an inspector to an occupier under this regulation may include directions in relation to the treatment, storage and disposal of the animal, semen, embryo, ovum, carcase, part of a carcase or blood.
(4) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given.
(5) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with and any costs reasonably incurred by an inspector in respect of such an arrangement shall be recoverable as a debt from the person who has failed to comply with the direction.
Compensation for slaughtered animals
93.
- (1) Where an animal is slaughtered under regulation 90 or 91 above the Secretary of State shall pay compensation to the owner of the animal in accordance with the provisions of Part V of Schedule 1 below.
(2) The Secretary of State shall pay compensation in accordance with the provisions of Part VI of Schedule 1 below to the owner of any animal, semen, embryo, ovum, carcase, part of a carcase or blood seized or disposed of under regulation 92 above.
Offspring slaughter
94.
Schedule 7 below shall have effect for the purpose of continuing the implementation of Council Decision 98/256/EC[29] (concerning emergency measures to protect against bovine spongiform encephalopathy, amending Decision 94/474/EC and repealing Decision 96/239/EC) in relation to offspring of bovine animals.
Cleansing and disinfection
95.
- (1) A veterinary inspector may serve on the occupier of any premises on which there is, or has within 56 days been, any -
a notice requiring him to cleanse and disinfect, at his own expense and in such a manner and within such period as may be specified in the notice, all or any part of the premises or any equipment or any other thing used in connection with any such animal or carcase.
(2) If any person on whom a notice is served under paragraph (1) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the authority on whose behalf the inspector served the notice.
he may issue a warrant authorising an inspector to enter the premises for that purpose if need be by reasonable force.
(3) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his employees and any person on the premises who is or has been in possession or charge of any mammalian meat and bone meal or processed animal protein, any animal or carcase which is or has been on the premises, or any specified risk material which is or has been on the premises, shall -
(4) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him -
(5) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Obstruction
98.
- (1) No person shall -
(2) Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences
99.
- (1) If any person contravenes or fails to comply with any prohibition or requirement imposed by or under these Regulations, and the contravention or failure is not made an offence by any other provision of these Regulations, he shall be guilty of an offence.
(2) A person guilty of an offence under this regulation shall be liable -
(3) No prosecution for an offence under any of the provisions referred to in paragraph (2) above shall be begun after the expiry of -
whichever is the earlier.
(4) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of -
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) For the purposes of paragraph (4) above, "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Offences due to fault of another person and defence of due diligence
100.
- (1) Where the commission by any person of an offence under any of the provisions of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph of this regulation whether or not proceedings are taken against the first-mentioned person.
(2) In any proceedings for an offence under any of the provisions of these Regulations, it shall, subject to paragraph (3) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
(3) If in any case the defence provided by paragraph (2) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless -
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
(4) In paragraph (3) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.
Enforcement
101.
- (1) Part II and Part IV of these Regulations shall be enforced -
by the Agency or by the Secretary of State; and
(b) in relation to any other premises, by the local authority.
(2) The other Parts of these Regulations shall be enforced by the local authority.
(3) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation shall be discharged by the Secretary of State and not by the local authority.
(2) Where a notice or other document is to be given or served on the owner, proprietor, operator or occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person to or on whom it should be given or served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of "owner", "proprietor", "operator" or "occupier" of the premises (naming them) and -
Amendments
103.
- (1) The Specified Risk Material Order 1997[34] is amended in accordance with the provisions of Part I of Schedule 8 below.
(2) The Specified Risk Material Regulations 1997[35] are amended in accordance with the provisions of Part II of Schedule 8 below.
Revocations and savings
104.
- (1) Subject to the savings referred to in the remaining provisions of this regulation, the provisions of the Regulations and Orders specified in an entry in the first column of Part I of Schedule 9 below are revoked to the extent specified in the corresponding entry in the second column of that Part of Schedule 9.
(2) Part II of Schedule 9 has effect for the purpose of making savings in respect of things done under the Bovine Spongiform Encephalopathy (No. 2) Order 1996[36] having effect at the coming into force of these Regulations.
(3) Part III of Schedule 9 has effect for the purpose of making savings in respect of things done under the Specified Risk Material Order 1997[37] having effect at the coming into force of these Regulations.
(4) Part IV of Schedule 9 has effect for the purpose of making savings in respect of things done under the Specified Risk Material Regulations 1997[38] having effect at the coming into force of these Regulations.
(5) Part V of Schedule 9 has effect for the purpose of making savings in respect of things done under the Fertilisers (Mammalian Meat and Bone Meal) (Conditions of Manufacture) Regulations 1998[39] having effect at the coming into force of these Regulations.
(6) Part VI of Schedule 9 has effect for the purpose of making savings in respect of things done under the Sheep and Goats Spongiform Encephalopathy Order 1998[40], and the Sheep and Goats Spongiform Encephalopathy Regulations 1998[41], having effect at the coming into force of these Regulations.
(7) Part VII of Schedule 9 has effect for the purpose of making savings in respect of things done under the Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999[42] having effect at the coming into force of these Regulations.
(8) Part VIII of Schedule 9 has effect for the purpose of making savings in respect of things done under the BSE Monitoring (England) Regulations 2001[43] having effect at the coming into force of these Regulations.
(9) Part IX of Schedule 9 has effect for the purpose of making savings in respect of things done under the Processed Animal Protein (England) Regulations 2001[44] having effect at the coming into force of these Regulations.
Elliot Morley
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs
27th March 2002
3.
A valuer appointed for the purpose of this regulation shall be paid by the Secretary of State.
4.
The valuer shall give to the Secretary of State and the owner a certificate in writing of the value he has determined.
5.
Where an animal was certified by a veterinary surgeon before slaughter as -
there shall be no compensation payable for the animal.
3.
The owner of a carcase, part of a carcase or blood seized or disposed of under regulation 8 shall pay any reasonable costs or expenses incurred by the Secretary of State in connection with the seizure or disposal.
4.
These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part or blood seized or disposed of.
5.
If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Secretary of State shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Secretary of State.
6.
The owner shall pay to the Secretary of State the amount of the excess within the period specified in the notice.
7.
On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Secretary of State from the owner.
3.
Where an examination at a veterinary laboratory of the Secretary of State of tissues taken from the carcase of the sheep or goat does not confirm that it was an animal affected with a TSE, the compensation shall be whatever is the greater of -
Compensation for bovine animals
4.
The compensation payable for a bovine animal slaughtered under regulation 81 or 82 above shall be as specified in the remaining paragraphs of, and the Annexes to, this Part of this Schedule.
5.
The following definitions apply for the purposes of this Part of this Schedule as it relates to compensation payable for bovine animals -
whichever is the higher; and
(b) in the case of a bovine animal aged under 30 months, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an affected, suspected or exposed animal; and
6.
The compensation payable for an affected animal shall be an amount equal to either -
whichever is the less.
7.
Where a suspected animal is slaughtered and an examination at a veterinary laboratory of the Secretary of State of tissues taken from the carcase of the animal does not confirm that it was an animal affected with a TSE, the compensation shall be an amount equal to either -
whichever is the less.
8.
The market value of an affected or suspected bovine animal shall, for the purposes of payment of compensation under this Part of this Schedule, be determined -
9.
A valuer appointed or nominated under paragraph 8(b) or (c) above shall be paid by the Secretary of State and shall give to the Secretary of State and the owner a certificate in writing of the value of the animal valued under the appointment or nomination.
10.
The Secretary of State shall take such steps as she considers appropriate for the purpose of bringing to the notice of persons concerned the indicative market price in respect of each month and the total number of animals and the total sale price on which the calculation of such indicative market price was based.
11.
The compensation payable for an exposed animal shall be an amount equal to either -
enhanced, where the Secretary of State causes 10% or more of a herd to be slaughtered as exposed animals, by a percentage calculated in accordance with Annex 2 to this Part of this Schedule.
12.
For the purposes of paragraph 11(a) above the replacement value of a bovine animal is the value, at the time of valuation, of an animal in its first lactation of the same breed and quality as that animal.
13.
For the purposes of paragraph 11 above and Annex 2 to this Part of this Schedule "herd" means the bovine animals kept on a holding which -
and are managed as a separate production unit at the time notice of the decision of the Secretary of State to slaughter the animal is given to the keeper or other person in charge of the animal.
14.
In ascertaining the percentage of a herd slaughtered for the purpose of calculating any enhancement under paragraph 11 above, animals slaughtered under any voluntary slaughter scheme introduced in relation to exposed animals shall be included in the calculation as if they were animals caused to be slaughtered by the Secretary of State.
15.
The replacement value or market value, as the case may be, of a bovine animal which the Secretary of State causes to be slaughtered shall, for the purposes of payment of compensation under these Regulations, be determined -
16.
A valuer appointed or nominated under paragraph 15(b) or (c) above shall be paid by the Secretary of State and shall give to the Secretary of State and the owner a certificate in writing of the value of the animal valued under the appointment or nomination.
17.
Where an animal was certified by a veterinary surgeon before slaughter as -
there shall be no compensation payable for the animal.
(A × B) + (C × D) |
3.
The owner of a carcase, part of a carcase or blood seized or disposed of under regulation 83 shall pay any reasonable costs or expenses incurred by the Secretary of State in connection with the seizure or disposal.
4.
These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part or blood seized or disposed of.
5.
If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Secretary of State shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Secretary of State.
6.
The owner shall pay to the Secretary of State the amount of the excess within the period specified in the notice.
7.
On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Secretary of State from the owner.
3.
A valuer appointed for the purpose of this regulation shall be paid by the Secretary of State.
4.
The valuer shall give to the Secretary of State and the owner a certificate in writing of the value he has determined.
5.
Where an animal was certified by a veterinary surgeon before slaughter as -
there shall be no compensation payable for the animal.
seized or disposed of under regulation 92 shall be compensation to the owner of the carcase, part, blood or semen, embryos or ova of an amount equal to the value of the carcase, part, blood or semen, embryos or ova at the time it was seized or disposed of.
2.
The value of any carcase, part, blood or semen, embryos or ova seized or disposed of under regulation 92 shall be determined -
3.
The owner of a carcase, part, blood or semen, embryos or ova seized or disposed of under regulation 92 shall pay any reasonable costs or expenses incurred by the Secretary of State in connection with the seizure or disposal.
4.
These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part, blood or semen, embryos or ova seized or disposed of.
5.
If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Secretary of State shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Secretary of State.
6.
The owner shall pay to the Secretary of State the amount of the excess within the period specified in the notice.
7.
On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Secretary of State from the owner.
2.
Hydrolysed protein from fish, feather, hides and skins shall be sampled after processing and found to have a molecular weight below 10,000 Dalton.
3.
Hydrolysed protein for use in the manufacture of feed for farmed animals other than ruminants shall be transported by means of a vehicle which at the same time is not used for the transport of other feed materials.
PROVISION OF THE REGULATIONS | EXTENT TO WHICH PROVISION APPLIES TO SCHEME ANIMALS |
regulation 33(3) | Not applicable |
regulation 33(4) | Subject to the modification that from the point at which specified risk material derived from a scheme animal is removed from the slaughterhouse, it may come into contact with any other animal material from such an animal |
regulation 34 | Not applicable |
regulation 39(3)(b) | Not applicable |
regulation 54(2) | Subject to the modification that the impervious container or part of the vehicle (as the case may be) may also contain animal material from scheme animals |
regulation 57 | Not applicable |
regulation 66(1) | Subject to the modification that specified risk material may come into contact with any animal material from a scheme animal |
regulation 67(3) | Subject to the modification that equipment used for processing specified risk material may be used for processing any part of a scheme animal |
regulation 68(1) | Subject to the modification that protein and tallow produced from specified risk material of scheme animals shall be disposed of by burning by means which have been licensed under the Environmental Protection Act 1990 |
Paragraph 1 of Part I of Schedule 5 | Subject to the modification that specified risk material need not be stored, handled and processed separately from animal material from scheme animals |
6.
To prevent recontamination of processed specified risk material by incoming specified risk material, there must be clear separation between the area of the premises where the incoming specified risk material is unloaded and rendered and the areas set aside for further processing of the heated specified risk material and the storage of finished specified risk material products.
7.
The premises must have adequate facilities for cleaning and disinfecting the containers or receptacles in which unprocessed specified risk material is received and the vehicles in which it is transported.
8.
Adequate facilities must be provided for disinfecting the wheels, immediately before their departure, of vehicles transporting specified risk material or leaving the unclean section of the premises.
whichever is the higher; and
(b) in the case of an offspring animal aged under 30 months, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an offspring animal;
(2) For the purpose of calculating the compensation payable for an offspring animal the age of the animal at slaughter shall be conclusively determined by reference to the date of birth of the animal shown on the cattle passport for the animal.
Requirements relating to offspring animals
2.
- (1) If an inspector is of the opinion that there is an offspring animal on any premises, he may serve a notice in Form OC 1 on the person appearing to him to be the owner or person in charge of that animal.
(2) On the service of a notice in Form OC 1 -
(3) The occupier of any premises and his employees, and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall -
(4) If an animal to which a notice in Form OC 1 relates is moved from premises under a licence issued by an officer of the Secretary of State which is subject to a condition, the notice in Form OC 1 shall, providing the animal is moved in accordance with the condition, cease to have effect on the expiry of the period in respect of which the condition applies.
(5) A notice in Form OC 1 may at any time be withdrawn by a notice in Form OC 3 served by a veterinary inspector on the person appearing to him to be the owner or person in charge of the animal to which the notice in Form OC 1 relates.
Notice of intended slaughter
4.
- (1) The Secretary of State may, if she thinks fit, cause to be slaughtered any offspring animal.
(2) Subject to sub-paragraph (5) below, where the Secretary of State proposes to cause an offspring animal to be slaughtered under this paragraph a veterinary inspector shall serve a notice of intended slaughter in Form OC 2 on the person appearing to him to be the owner or person in charge of the animal specifying the premises at which the animal is to be slaughtered.
(3) Following the service of a notice in Form OC 2 an inspector may insert or administer an implant for the purpose of electronically tagging an offspring animal.
(4) No person except an inspector shall remove or otherwise interfere with an implant inserted or administered under sub-paragraph (3) above.
(5) Where an animal is presented at any premises for slaughter for human consumption and a veterinary inspector is of the opinion that the animal is an offspring animal, the Secretary of State may cause the animal to be slaughtered without any notice in Form OC 2 being served on the owner or person in charge of the animal before it is slaughtered.
(6) Where an offspring animal is slaughtered in accordance with sub-paragraph (5) above an inspector or officer of the Secretary of State shall, as soon as reasonably practicable thereafter, give notice to the owner or other person in charge of the carcase of the slaughtered animal that the animal has been slaughtered as an offspring animal.
(7) If an animal to which a notice in Form OC 2 relates is moved from premises under a licence issued by an officer of the Secretary of State which is subject to a condition, the notice in Form OC 2 shall, providing the animal is moved in accordance with the condition, cease to have effect on the expiry of the period in respect of which the condition applies.
(8) A notice in Form OC 2 may at any time be withdrawn by a notice in Form OC 3 served by a veterinary inspector on the owner or person in charge of the animal to which the notice in Form OC 2 relates.
Compensation for slaughtered offspring animals
5.
- (1) Subject to the provisions of this paragraph, where the Secretary of State causes an offspring animal to be slaughtered under paragraph 4 above the Secretary of State shall pay compensation in accordance with the provisions of this paragraph.
(2) The compensation payable for a pedigree offspring animal or a productive offspring animal shall be an amount equal to the market value of the animal.
(3) The compensation payable for a dairy offspring animal, a beef breeding offspring animal or a beef offspring animal shall be the percentage of the indicative market price for the month in which the animal is slaughtered specified in the table in paragraph 7 below for an animal of the description and age of the animal slaughtered; together with the amount (if any) specified in that table in respect of any beef special premium payable for the animal which has not been claimed.
(4) The market value of a pedigree offspring animal or a productive offspring animal shall, for the purposes of payment of compensation under these Regulations, be determined -
(5) If the market value of a pedigree offspring animal or a productive offspring animal cannot be agreed under sub-paragraph (4)(a) above, or if there is no valuer appointed jointly under sub-paragraph (4)(b) above, the market value of the animal shall be determined by a valuer nominated by the President of the Royal Institution of Chartered Surveyors.
(6) A valuer appointed or nominated for the purpose of this regulation shall be paid by the Secretary of State and shall give to the Secretary of State and the owner a certificate in writing of the value he has determined.
(7) Where an offspring animal is slaughtered as an offspring animal and was certified before slaughter by a veterinary surgeon as -
there shall be no compensation payable for the animal under this paragraph.
(8) Where an offspring animal is slaughtered as an offspring animal and was certified in form OC 4 before slaughter by a veterinary surgeon as -
compensation shall be payable for the animal in accordance with the compensation payable under sub-paragraph (3) above for a beef animal of the age of the animal slaughtered (without any amount in respect of beef special premium).
(9) Where a notice in Form OC 1 has been served on an offspring animal and the animal is slaughtered under section 17 of the Animal Health Act 1981[53] in its application to brucellosis or tuberculosis as an affected animal, an animal exposed to the infection of brucellosis or tuberculosis or an animal which is a reactor, within the meaning of the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978[54] and the notice in Form OC 1 has been withdrawn by the time of such slaughter or is withdrawn at that time, the compensation payable for the animal shall be ascertained in accordance with the Order concerned.
(10) Where a notice in Form OC 1 has been served on an offspring animal and the animal is slaughtered under section 32 of the Animal Health Act 1981 in its application to the disease bovine spongiform encephalopathy as an animal affected or suspected of being affected with that disease, and the notice in Form OC 1 has been withdrawn by the time of such slaughter or is withdrawn at that time, the compensation payable for the animal shall be ascertained in accordance with the provisions of regulation 84 and Part III of Schedule 1 above.
(11) The Secretary of State shall take such steps as she considers appropriate for the purpose of bringing to the notice of such organisations as appear to her to be representative of owners of bovine animals -
Forms
6.
The following forms shall be used for the purposes of this Schedule -
Breach of the requirements of this notice may constitute an offence against the TSE (England) Regulations 2002 and render a person liable to penalties on conviction
Eartag | Sex | Breed | Age | Other identifiers |
Age (months) | Dairy | Beef breeding | Beef | ||||||
Basic scale | + | Slaughter premium | + | Steers | Bulls | ||||
Not yet entered a claim for first beef special premium | Not yet entered a claim for second beef special premium | Not yet entered a claim for beef special premium | |||||||
Less than 1 | 20% of IMP | 20% of IMP | 20% of IMP | ||||||
1 - less than 3 | 30% of IMP | 30% of IMP | 30% of IMP | + | £30.04 | ||||
3 - less than 6 | 40% of IMP | 40% of IMP | 40% of IMP | + | £30.04 | ||||
6 - less than 7 | 50% of IMP | 50% of IMP | 50% of IMP | + | £30.04 | ||||
7 - less than 8 | 50% of IMP | 50% of IMP | 50% of IMP | + | £90.13 | £126.18 | |||
8 - less than 9 | 50% of IMP | 50% of IMP | 50% of IMP | + | £48.07 | + | £90.13 | £126.18 | |
9 - less than 12 | 60% of IMP | 60% of IMP | 60% of IMP | + | £48.07 | + | £90.13 | £126.18 | |
12 - less than 15 | 70% of IMP | 70% of IMP | 70% of IMP | + | £48.07 | + | £90.13 | £126.18 | |
15 - less than 18 | 80% of IMP | 80% of IMP | 80% of IMP | + | £48.07 | ÷ | £90.13 | £126.18 | |
18 - less than 20 | 90% of IMP | 90% of IMP | 90% of IMP | + | £48.07 | + | £90.13 | £126.18 | |
20 - less than 21 | 90% of IMP | 90% of IMP | 90% of IMP | + | £48.07 | + | £90.13 | £126.18 | |
21 - less than 24 | 100% of IMP | 100% of IMP | 100% of IMP | + | £48.07 | + | £90.13 | £126.18 | |
24 - less than 27 | 110% of IMP | 110% of IMP | 100% of IMP | + | £48.07 | + | £90.13 | £126.18 | |
27 - less than 30 | 120% of IMP | 120% of IMP | 100% of IMP | + | £48.07 | + | £90.13 | £126.18 | |
30 or over | 130% of IMP | 120% of IMP | OTMS rate | + | £48.07 | + | £90.13 | £126.18 |
(A × B) + (C × D) |
2.
In article 4(5) the words "Austria, Finland or" shall be deleted.
3.
In article 6(2A)(a) for the words "regulation 15A of the Specified Risk Material Regulations 1997" there shall be substituted the words "regulation 36 of the TSE (England) Regulations 2002[55]".
4.
In Schedule 2, in the list of countries in the declaration on the form of importation certificate there shall be inserted in the appropriate alphabetical places -
2.
In regulation 4(7) the words "Austria, Finland or" shall be deleted.
The Bovine Spongiform Encephalopathy (No. 2) Order 1996 (S.I. 1996/3183) | The whole Order |
The Bovine Spongiform Encephalopathy Compensation Order 1996 (S.I. 1996/3184) | The whole Order |
The Specified Risk Material Order 1997 (S.I. 1997/2964) | Articles 5 and 7 to 14 |
The Specified Risk Material Regulations 1997 (S.I. 1997/2965) | Regulations 5 to 11, 13, 14, 15, 15A, 16, 17, 18, 19 and 20 to 28 |
The Fertilisers (Mammalian Meat and Bone Meal) Regulations 1998 (S.I. 1998/954) | The whole Regulations |
The Fertilisers (Mammalian Meat and Bone Meal) (Conditions of Manufacture) Regulations 1998 (S.I. 1998/955) | The whole Regulations |
The Sheep and Goats Spongiform Encephalopathy Order 1998 (S.I. 1998/1645) | The whole Order |
The Sheep and Goats Spongiform Encephalopathy Regulations 1998 (S.I. 1998/1646) | The whole Regulations |
The Sheep and Goats Spongiform Encephalopathy (Compensation) Order 1998 (S.I. 1998/1647) | The whole Order |
The BSE Offspring Slaughter Regulations 1998 (S.I. 1998/3070) | The whole Regulations |
The Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999 (S.I. 1999/882) | The whole Regulations |
The Processed Animal Protein (England) Regulations 2001 (S.I. 2001/2376) | Regulations 4 to 9, 12 to 16 and Schedules 1, 2 and 3 |
The BSE Monitoring (England) Regulations 2001 (S.I. 2001/1644) | The whole Regulations |
issued under the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations shall have effect as if it were a notice of intended slaughter of the animal issued under regulation 82(1) of these Regulations.
4.
Any notice of confirmation of intention to slaughter in Form G issued under the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations shall have effect as if it were a notice of confirmation of intention to slaughter issued under regulation 82(2)(b) of these Regulations.
5.
Any notice requiring any cleansing and disinfection issued under article 9 of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations shall have effect as if it were a notice issued under regulation 86 of these Regulations.
6.
Any licence issued under article 12(2)(b) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 having effect at the coming into force of these Regulations to permit the feeding to an animal or poultry of milk for research purposes in a research establishment shall have effect as if it were a licence issued under regulation 85(2)(b)(i) of these Regulations.
7.
Any licence issued under article 13(2) or 14(5) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 having effect at the coming into force of these Regulations to permit the feeding to an animal of any feedingstuff for research purposes in a research establishment shall have effect as if it were a licence issued under regulation 11(2) or 12(5) of these Regulations.
8.
Any notice issued under article 16(1) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations, requiring the disposal of any mammalian meat and bone meal or any MBM product and any other material with which it has come into contact, shall have effect as if it were a notice issued under regulation 29(2) of these Regulations.
9.
Any notice issued under article 16(2) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations, requiring the collection and transport of any feedingstuff, shall have effect as if it were a notice issued under regulation 29(3) of these Regulations.
(b) continuing the implementation of Council Decision 2000/766/EC (OJ No. L 306, 7.12.2000, p.32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Commission Decision 2001/9/EC (OJ No. L 2, 5.1.2001, p.32) concerning control measures required for the implementation of Council Decision 2000/766/EC, in accordance with Article 1(2) of Commission Regulation (EC) No 1326/2001.
The Regulations come into force on 19th April 2002.
Part I of these Regulations contain introductory provisions. These include the application provisions of regulation 2 and the interpretation provisions of regulation 3. (Provision as respects England for the administration and enforcement of the Community TSE Regulation and the Community Transitional Measures in relation to trade is intended to be made by a separate instrument.)
Part II of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to TSE monitoring. These are provisions for TSE monitoring, movement prohibitions and restrictions of TSE susceptible animals; slaughter of TSE susceptible animals at slaughterhouses and at other premises; retention and seizure of carcases etc. of TSE susceptible animals; provision for compensation; and provision for notifications.
Part III of these Regulations makes provision in relation to animal feeding. It continues the implementation of Council Decision 2000/766/EC (OJ No. L 306, 7.12.2000, p.32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Commission Decision 2001/9/EC (OJ No. L 2, 5.1.2001, p.32) concerning control measures required for the implementation of Council Decision 2000/766/EC, in accordance with Article 1(2) of Commission Regulation (EC) No 1326/2001. Article 1(2) of Commission Regulation (EC) No 1326/2001, and section C of Annex XI to the Community TSE Regulation (added by Article 3(3) of, and Annex IV to, Commission Regulation (EC) No 1326/2001) provide that this Council Decision and Commission Decision remain in force. The implementation of these Decisions was previously provided by the Processed Animal Protein (England) Regulations 2001, revoked in part by these Regulations. Part III also includes provisions dealing with matters arising out of and related to these Decisions, including provisions relating to feeding ruminants with mammalian protein and livestock with mammalian meat and bone meal.
Part IV of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to specified risk material. These are prohibitions on the removal, collection or disposal of specified risk material except at licensed premises; provisions for licensing of premises for the removal, collection or disposal of specified risk material; prohibitions on the sale of specified risk material for human consumption; prohibitions relating to mechanically recovered meat and pithing; provisions for the separation of live animals and products of animal origin in premises which use specified risk material in production and live animals in or intended for research; prohibitions on feeding specified risk material to animals; provisions relating to transport and storage of specified risk material; requirements to make and keep records; requirements for cleansing and disinfection; powers of inspectors; provisions relating to compliance with notices, suspension and revocation of licences; appeals against suspension and revocation of licences; and offences.
Part V of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to control and eradication of TSE. These are provisions for notifications of animals suspected of being affected by a TSE; measures with respect to animals suspected of being affected by a TSE; movement prohibitions and restrictions of animals suspected of being affected by a TSE; slaughter of animals suspected of being affected by a TSE; retention and seizure of carcases etc. of TSE susceptible animals; provisions for compensation; prohibitions in respect of the sale or supply of milk from affected or suspected animals and requirements for cleansing and disinfection.
Part VI of these Regulations makes provision in relation to placing on the market of first generation progeny of, and semen, embryos and ova derived from, certain animals. Part VI also makes provision for the continued implementation of Council Decision 98/256/EC (OJ No. L 113, 15.4.98, p.32), concerning emergency measures to protect against bovine spongiform encephalopathy, amending Decision 94/474/EC and repealing Decision 96/239/EC, in relation to offspring of bovine animals. An offspring for this purpose is any bovine animal born to a dam which is affected or suspected of being affected with BSE when it gave birth to the animal or which subsequently becomes affected or suspected of being affected with BSE. Council Decision 98/256/EC remains in force as a transitional measure by virtue of Article 1(1) of Commission Regulation (EC) No 1326/2001 and section D of Annex XI to the Community TSE Regulation (added by Article 3(3) of, and Annex IV to, Commission Regulation (EC) No 1326/2001). The implementation of Council Decision 98/256/EC in relation to offspring animals was previously provided by the Offspring Slaughter Regulations 1998, S.I. 1998/3070, revoked by these Regulations.
Part VII of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to sampling and laboratory methods.
Part VIII of these Regulations makes further provision for offences and penalties and provides for enforcement of the Regulations.
Part IX of these Regulations contains supplementary provisions for service of notices and other documents, amendments and revocations and savings.
A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the TSE Directorate of the Department for Environment, Food and Rural Affairs, 1A Page Street, London SW1P 4PQ.
[4] OJ No. L2, 5.1.2001, p. 32.back
[5] OJ No. L147, 31.5.2001, p. 1.back
[6] OJ No. L173, 27.6.2001, p. 12.back
[7] OJ No. L177, 30.6.2001, p. 61.back
[8] OJ No. L45, 15.2.2002, p. 4.back
[9] OJ No. L306, 7.12.2000, p. 32.back
[12] S.I. 1995/539, as amended by S.I. 1995/731, S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/2148, S.I. 1995/3124, S.I. 1995/3189, S.I. 1996/1148, S.I. 1996/2235, S.I. 1997/1729, S.I. 1997/2074; and as amended in relation to England by S.I. 2000/225 and in relation to England and Wales by S.I. 2000/656.back
[13] S.I. 1994/867 to which there are amendments not relevant to these Regulations.back
[15] S.I. 1997/2964, as amended by S.I. 2000/2726, S.I. 2000/3234, S.I. 2000/3377 and S.I. 2001/2650.back
[16] S.I. 1998/954; the Regulations came into force on 30th April 1998.back
[17] OJ No. L318, 27.11.1988, p. 45.back
[18] OJ No. L270, 14.12.1970, p. 1, as last amended by Directive 1999/70/EC (OJ No. L80, 25.3.1999, p. 20).back
[19] OJ No. L62, 15.3.1993, p. 49.back
[20] S.I. 1997/2965, as amended by S.I. 1997/3062, S.I. 1998/2405 (as amended by S.I. 1998/2431), S.I. 2000/2672, 2000/3381 and 2001/817.back
[21] Colour Index is published by the Society of Dyers and Colourists at Perkin House, 82 Grattan Road, Bradford, West Yorkshire BD1 2JB.back
[22] S.I. 1995/540 as amended by S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/3205 and S.I. 1997/1729.back
[23] S.I. 1995/2148 as amended by S.I. 1995/3205.back
[24] S.I. 1994/3082 as amended by S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/3205 and S.I. 1996/1499.back
[25] S.I. 1995/3205 as amended by S.I. 1996/3124.back
[29] OJ No. L113, 15.4.98, p. 32 as amended by Commission Decision 98/564/EC (OJ No. L273, 9.10.98, p. 37) and Commission Decision 98/692/EC (OJ No. L328, 4.12.98, p. 28. Council Decision 98/256/EC remains in force as a transitional measure by virtue of article 1(1) of Commission Regulation (EC) No. 1326/2001 and section D of annex XI to the Community TSE Regulation (added by article 3(3) of, and annex IV to, Commission Regulation (EC) No. 1326/2001).back
[30] S.I. 1995/540 as amended by S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/3205 and S.I. 1997/1729.back
[31] S.I. 1995/2148 as amended by S.I. 1995/3205.back
[32] S.I. 1994/3082 as amended by S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/3205 and S.I. 1996/1499.back
[33] S.I. 1995/3205 as amended by S.I. 1996/3124.back
[34] S.I. 1997/2964, as amended by S.I. 2000/2726, S.I. 2000/3234. S.I. 2000/3377 and S.I. 2001/2650.back
[35] S.I. 1997/2965, as amended by S.I. 1997/3062, S.I. 1998/2405 (as amended by S.I. 1998/2431), S.I. 2000/2672, 2000/3381 and 2001/817.back
[36] S.I. 1996/3183, as amended by S.I. 1997/2387, S.I. 1998/3071 and S.I. 1999/921.back
[37] S.I. 1997/2964, as amended by S.I. 2000/2726, S.I. 2000/3234, S.I. 2000/3377 and S.I. 2001/2650.back
[38] S.I. 1997/2965, as amended byS.I. 1997/3062, S.I. 1998/2405 (as amended by S.I. 1998/2431), S.I. 2000/2672, 2000/3381 and 2001/817.back
[43] S.I. 2001/1644, as amended by S.I. 2001/3960.back
[45] OJ No. L24, 30.1.1998, p. 9.back
[46] OJ No. L395, 30.12.1989, p. 13, as last amended by Directive 1992/118/EEC (OJ No. L62, 15.3.1993, p. 49).back
[47] OJ No. L395, 30.12.1989, p. 13, as last amended by Directive 1992/118/EEC (OJ No. L62, 15.3.1993, p. 49).back
[48] OJ No. L148, 28.6.68, p. 24 (OJ/SE Vol. I, p. 187); the last relevant amendment was made by Council Regulation (EC) No. 2222/96, OJ No. L296, 21.11.96, p. 50.back
[49] S.I. 1998/871 as amended by S.I. 1998/1796.back
[50] OJ No. L113, 15.4.98, p. 32, as amended by Commission Decision 98/564/EC (OJ No. 273, 9.10.98, p. 37) and Commission Decision 98/692/EC (OJ No. L328, 4.12.98, p.28. Council Decision 98/256/EC remains in force as a transitional measure by virtue of article 1(1) of Commission Regulation (EC) No. 1326/2001 and section D of annex XI to the Community TSE Regulation (added by article 3(3) of, and annex IV to, Commission Regulation (EC) No. 1326/2001).back
[51] OJ No. L99, 20.4.96, p. 14, as amended by Commission Regulations (EC) Nos. 774/96 (OJ No. L104, 27.4.96, p. 21), 835/96 (OJ No. L112, 7.5.96, p. 17), 1512/96 (OJ No. L189, 30.7.96, p. 93), 1846/96 (OJ No. L245, 26.9.96, p. 9), 1974/96 (OJ No. L262, 16.10.96, p. 2), 2149/96 (OJ No. L288, 9.11.96, p. 14), 2423/96 (OJ No. L329, 19.12.96, p. 43) and 1365/97 (OJ No. L188, 17.7.97, p. 6).back
[52] OJ No. L206, 12.8.77, p. 8 to which there are amendments to these Regulations.back
[53] 1981 c. 22; section 35(1A) was inserted by section 1(2) of the Animal Health and Welfare Act 1984 (c. 40).back
[54] S.I. 1978/1483, amended by S.I. 1981/1412, S.I. 1996/1352 and S.I. 1998/2073.back
[56] S.I. 1996/3183, as amended by S.I. 1997/2387, S.I. 1998/3071 and S.I. 1999/921.back
[57] S.I. 1997/2964, as amended by S.I. 2000/2726, S.I. 2000/3234, S.I. 2000/3377 and S.I. 2001/2650.back
[58] S.I. 1997/2965, as amended by S.I. 1997/3062, S.I. 1998/2405 (as amended by S.I. 1998/2431), S.I. 2000/2672, 2000/3381 and 2001/817.back
[60] 1970 c. 40. Section 67 was amended in its application to Great Britain by paragraph 38(5) of Schedule 16, and Schedule 18, to the Local Government (Wales) Act 1994 (1994 c.19) and paragraph 85(2) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (1994 c. 39).back
[64] S.I. 2001/1644, as amended by S.I. 2001/3960.back