Made | 19th September 2005 | ||
Laid before Parliament | 26th September 2005 | ||
Coming into force | 19th October 2005 |
and the word "and" is deleted from the end of sub-paragraph (e), and added to the end of sub-paragraph (f), of that definition;
and the word "and" is deleted from the end of sub-paragraph (b), and added to the end of the sub-paragraph (c), of that definition;
(d) for the definition of "vertebral column", there is substituted–
4.
After Regulation 10 (notifications), there are inserted the following regulations—
(4) The occupier of the slaughterhouse shall ensure that the provisions contained in the relevant agreement relating to that slaughterhouse are complied with in relation to each relevant bovine animal slaughtered there.
(5) Where a relevant bovine animal has been slaughtered otherwise than in accordance with a relevant agreement, an inspector may give to the occupier of the slaughterhouse in question a direction for the disposal of—
(6) Where an inspector gives a direction under paragraph (5), the owner of the carcase shall not be entitled to any compensation under these Regulations in respect of that carcase and the other parts of the body of the animal including the blood and the hide.
(7) If a person to whom a direction is given under paragraph (5) fails to comply with the direction, an inspector may arrange for it to be complied with–
(8) Paragraphs (5) to (7) are without prejudice to paragraph (3) or to any proceedings arising out of contravention of paragraph (1) or failure to comply with paragraph (4).
(9) In this regulation–
Consignment of over-age animals to a slaughterhouse
10B.
—(1) Subject to paragraph (2), no person shall consign to a slaughterhouse a live or dead bovine animal born or reared in the United Kingdom prior to 1 August 1996.
(2) Paragraph (1) shall not prohibit a person from consigning a bovine animal to a slaughterhouse under the purchase scheme introduced under Commission Regulation (EC) No. 716/96[7] adopting exceptional support measures for the beef market in the United Kingdom, as amended by Commission Regulations (EC) No. 774/96[8], 1974/96[9], No. 2149/96[10], No. 1365/97[11], and No. 667/2003[12].".
5.
In regulation 23 (production of feedingstuffs containing fishmeal), for paragraphs (1), (2) and (3) there are substituted–
(2) The Secretary of State shall authorise establishments in relation to the production of feedingstuffs for the purposes of–
if, following an inspection of the premises by a veterinary inspector, she is satisfied that the premises are capable of being operated in accordance with the relevant requirements of Annex IV.
(3) In paragraphs (1) and (2), "Annex IV" means Annex IV to the Community TSE Regulation.".
6.
In regulation 25 (use and storage of feedingstuffs)–
7.
After regulation 25, there are inserted the following regulations–
shall be guilty of an offence.
(2) For the purposes of the derogation in paragraph 2.IB(f) of that Annex, no person shall use or store any feeding stuff containing fishmeal on premises where ruminants are kept unless he is registered by the Secretary of State for that purpose in accordance with paragraph (3).
(3) The Secretary of State shall grant a registration under paragraph (2) where the occupier has declared to her in writing that measures are implemented on the premises in question to prevent the feedingstuffs being fed to ruminant animals on those premises.
(4) Any person who fails to comply with paragraph (2) shall be guilty of an offence.
(5) A person guilty of an offence under this regulation shall be liable–
Samples sent to laboratories and reporting requirements
25B.
—(1) Up to and including 31st December 2005, where an operator of an establishment producing feedingstuffs sends a sample to a laboratory for testing for any purpose in connection with the requirements of Annex IV of the Community TSE Regulation, he shall supply in writing with the sample–
(2) The operator shall also supply in writing with the sample–
(b) details of the species of animal for which the feedingstuff or ingredient is intended.
(3) Any—
shall inform the Secretary of State with all practicable speed if there is any evidence arising from that sample of a breach of these Regulations or of Annex IV to the Community TSE Regulation.".
8.
In regulation 29B (slaughter of animals), for paragraph (4) there is substituted–
(5) An inspector may only carry out or cause to be carried out the requirements of a notice referred to in paragraph (4) if the Secretary of State has confirmed the notice pursuant to paragraph (3).".
9.
In regulation 33 (removal of specified risk material from carcases in slaughterhouses)–
(b) in paragraph (2)(b), for the words "the head, spleen, ileum and tonsils are" there are substituted "all specified risk material, excluding the spinal cord, is"; and
(c) paragraph (10) is omitted.
10.
In regulation 36 (removal of vertebral column of bovine animals in cutting premises)–
containing no specified risk material other than the vertebral column.".
11.
For regulation 37 (removal of SRM spinal cord of bovine animals, sheep and goats) there is substituted–
12.
For regulation 38 (young lamb stamp), there is substituted–
and the spleen and the ileum have been removed, the carcase of the animal may be marked with a young lamb stamp or a young goat stamp as appropriate.
(2) A young lamb stamp and a young goat stamp shall consist of a circular mark 5 centimetres in diameter containing in legible form in capital letters 1 centimetre high–
(3) No person other than —
may apply a young lamb stamp or a young goat stamp or possess the equipment for applying such a stamp.
(4) No person shall use a stamp resembling a young lamb stamp or a young goat stamp in such a way as to suggest that the carcase of any animal other than an animal referred to in paragraph (1) is such a carcase.
(5) In relation to any slaughterhouse or cutting premises, the Agency may appoint as meat technicians such persons as are necessary to assist the OVS and inspectors in carrying out the functions referred to in paragraph (3).".
13.
—(1) In regulation 41(1) and (2), after the words "young lamb stamp", there are inserted ", or young goat stamp, as the case may be,".
(2) In regulations 46(1) and 47(1), after the words "young lamb stamp", there are inserted ", or young goat stamp, as the case may be".
14.
After Schedule 1 (compensation), there is inserted Schedule 1A set out in the Schedule.
15.
In Schedule 6A (enforcement of Annex VII to the Community TSE Regulation), after part IV (compensation), there is inserted–
Ben Bradshaw
Parliamentary Under Secretary of State Department for the Environment, Food and Rural Affairs
19th September 2005
(e) bovine animals referred to in (a) or (b) which have, or are suspected of having–
which may make their meat unfit for human consumption.
2.
There must be a reliable system for ensuring that no bovine animal born or reared in the United Kingdom before 1st August 1996 is slaughtered for human consumption.
3.
Bovine animals which are over 30 months of age but born on or after 1st August 1996 must be clearly identified.
4.
Bovine animals which are over 30 months of age but born on or after 1st August 1996 and bovine animals which are 30 months of age and under must be separated into batches for subsequent separate slaughter.
Brain stem sampling
5.
There must be sufficient slaughterhouse staff trained and competent in the taking, labelling, packaging and despatch of brain stem samples. Health and safety guidelines to minimise the risk of exposure to bovine spongiform encephalopathy must be followed and hygienic facilities must be provided. Sampling procedures must not jeopardise the hygienic production of meat intended for human consumption.
Correlation of sample to carcase and all other body parts.
6.
There must be a reliable system for linking the brain stem sample of each bovine animal over 30 months of age to the carcase of that animal and all other parts of the body of that animal including the blood and the hide.
Retention of carcases and all other body parts
7.
Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there must be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that the carcase of a bovine animal tested for bovine spongiform encephalopathy ("the tested animal") plus the carcase of–
on the slaughter line are retained in slaughter order either in a sealed chiller or on a sealed rail in an unsealed chiller, pending the receipt of the results of the rapid test.
8.
Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there must be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that the carcase of a bovine animal tested for bovine spongiform encephalopathy ("the tested animal") is retained either in a sealed chiller or on a sealed rail in an unsealed chiller, pending the receipt of the results of the rapid test.
9.
There must also be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that–
on the slaughter line, and
(b) mixed batches of the body parts of both a tested animal and any other bovine animal,
are disposed of by incineration or, with the exception of the hides, retained at the slaughterhouse until rapid test results are available.
10.
Hides not retained at the slaughterhouse must be retained at premises under official control until rapid test results are available.
Delivery of sample to testing laboratory
11.
Brain stem samples for testing for bovine spongiform encephalopathy must be packaged and delivered in a testable condition to a laboratory approved by the Secretary of State for the purposes of point 2 of Chapter C of Annex X to the Community TSE Regulation. The samples must be packaged and labelled in accordance with packaging instructions P650 of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1st January 2005)[13].
Receipt of rapid test results by the slaughterhouse
12.
There must be a system for the receipt of the correct test results from the laboratory, either by fax or by other electronic means.
Action following a positive or "no test" result.
13.
Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there must be effective arrangements to ensure that the carcase and all other parts of the body, including the blood and the hide ("the whole body") of any bovine animal which tested positive for bovine spongiform encephalopathy ("the BSE positive animal"), plus the whole body of the bovine animal immediately preceding the BSE positive animal and of each of the two bovine animals immediately following the BSE positive animal on the slaughter line (including any batched materials), are identified and disposed of by incineration.
14.
Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there must be effective arrangements to ensure that the whole body of any BSE positive animal is identified and disposed of by incineration.
15.
Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there must be effective arrangements to ensure that the whole body of any bovine animal samples of which cannot be tested for any reason ("the no test animal") plus the whole body (but not the hide if it is separately identified) of the bovine animal immediately preceding the no test animal and of each of the two bovine animals immediately following the no test animal on the slaughter line (including any batched materials), are identified and disposed of by incineration.
16.
Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there must be effective arrangements to ensure that the whole body of any bovine animal, samples of which cannot be tested for any reason, is identified and disposed of by incineration.
Removal of vertebral column in cutting premises licensed under regulation 56(1)
17.
There must be effective arrangements to ensure that the vertebral column is not removed from the carcase of a bovine animal over 30 months of age which has tested negative for bovine spongiform encephalopathy in the slaughterhouse but that it is removed from the carcase in cutting premises licensed under regulation 56(1).
Testing of the effectiveness of the controls put in place
18.
Before the first occasion on which the occupier of a slaughterhouse slaughters a bovine animal over 30 months of age any part of which is intended for human consumption, there must be a test of all the control procedures in this Schedule by means of a trial using bovine animals under 30 months old that demonstrates that all of the control procedures are effective."
[3] S.I. 2002/843, amended by S.I. 2002/1253, S.I. 2002/2860, S.I. 2003/1482, S.I. 2004/1518 and S.I. 2005/556.back
[4] OJ No. L 163, 23.6.2005 p. 1.back
[5] 1967 c.22; section 1 was amended by the Agriculture Act 1986 (c.49), section 7.back
[6] S.I. 1996/2097; the relevant amending instrument is S.I. 2000/656.back
[7] OJ L 99, 20.4.1996, p. 14.back
[8] OJ L 104, 27.4.1996, p. 21.back
[9] OJ L 262, 16.10.1996, p. 2.back
[10] OJ L 288, 9.11.1996, p. 14.back
[11] OJ L 188, 17.7.1997, p. 6.back
[12] OJ L 96, 12.4.2003, p. 13.back
[13] Current edition (2005); ISBN 92-1-139097-4.back