S.I. No. 612/2006 - European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2006

• (a) the Animal By-products Regulation, the TSE Regulation or these Regulations are not being or have not been complied with or there are reasons to believe that they will not be complied with, or

• (b) there is a danger to public or animal health,

he or she may, by a notice in writing (“compliance notice”) stating that opinion and served on the person who appears to be the owner, operator or person in charge of the premises, animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates or other thing to which the notice relates—

• (i) seize and detain an animal, meat, animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, vehicle, container or other thing, or

• (ii) require him or her to take such action as the authorised officer considers necessary.

• (2) A compliance notice may—

• (a) require that an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates be disposed of or destroyed in a manner specified in the notice,

• (b) prohibit or regulate any operation or processing on the premises to which the notice relates

• (c) prohibit the transport or the further transport of an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, either absolutely or unless such conditions as may be specified in the notice are complied with,

• (d) require a person to return an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates to the place of departure by a route which in the opinion of the authorised officer is the most direct or prudent,

• (e) require that such alterations be made to a premises or means of transport as may be specified in the notice,

• (f) require a person to secure in a manner specified by the authorised officer (if any) an animal, animal by-product, premises, feedingstuff or other thing, or

• (g) require a person to cleanse and disinfect a vehicle, premises, container or part thereof.

• (3) A person shall comply with a compliance notice or a requirement of a compliance notice unless and until the notice is annulled under paragraph (8).

• (4) A requirement contained in a compliance notice may specify a time limit within which it is to be complied with.

• (5) A requirement specified in a compliance notice may be modified or withdrawn in a further notice and the earlier notice has effect subject to the modification or withdrawal.

• (6) A compliance notice may require the person in control of an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing to choose between two or more of the requirements specified in the notice.

• (7)
• (a) A person affected by a compliance notice may, within 7 days of the service of the notice, apply to the Judge of the District Court having jurisdiction in the District Court District where an animal is situated or to the Judge of the District Court having jurisdiction in the District Court District where the person bringing the appeal ordinarily resides or carries on business on the grounds that the notice or any of the terms thereof are not justified having regard to the Animal By-products Regulation, the TSE Regulation or these Regulations (in this Regulation referred to as “an appeal”).

• (b) An appeal may be heard at any sitting of the District Court within the appropriate District Court District.

• (c) Notice of an appeal shall contain a statement of the grounds upon which it is alleged that the notice or any of the terms thereof are not justified and shall be served on the Minister at least 48 hours prior to the hearing of the appeal.

• (d) A copy of the notice of appeal shall be lodged with the District Court Clerk at least 48 hours prior to the hearing of the appeal.

• (8) On the hearing of an appeal a Judge of the District Court may confirm, modify, or annul a notice.

• (9) A person, including a person on whom a compliance notice has been served, shall not—

• (a) pending the determination of an appeal, deal with an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing to which the notice relates, other than in accordance with the terms of the notice, or

• (b) after the appeal, deal with an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing concerned other than in accordance with the compliance notice or compliance notice as modified.

• (10)
• (a) Without prejudice to Regulation 16(1), if—

• (i) the person in control of an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing fails to comply with the terms of a compliance notice within the time specified therein,

• (ii) an authorised officer has reasonable grounds for believing that the terms of a compliance notice will not be complied with,

• (iii) a compliance notice has been confirmed with or without modification under paragraph (8) and the notice has not been complied with,

• (iv) an authorised officer has reasonable grounds for believing that the terms of a compliance notice which has been confirmed with or without modification under paragraph (8) will not be complied with, or

• (v) pending the determination of an appeal, an authorised officer has reasonable grounds for believing that directions given pursuant to paragraph (9) have not been or shall not be complied with,

an authorised officer may at any time seize the animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing concerned.

• (b) If an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing is seized in accordance with subparagraph (a), an authorised officer may—

• (i) sell, destroy or dispose of the animal, animal by-product, feedingstuff, fertilizer or other thing or cause it to be sold, destroyed or be disposed of, or

• (ii) take such other measures in relation to the animal, animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing as the authorised officer considers appropriate in the circumstances of the case.

• (c) Any profits arising out of the sale, destruction or disposal of an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates or other thing in accordance with subparagraph (b) shall be paid to the owner of the animal by-product, feedingstuff, fertilizer or other thing or other thing less any expenses incurred in connection with the seizure, sale, destruction or disposal.

• (11) The costs (including ancillary costs) of a measure taken under this Regulation is recoverable by the Minister—

• (a) as a simple contract debt in a court of competent jurisdiction from the person who was the owner of the animal, animal by-product, feedingstuff, fertilizer or other thing or means of transport at the time the measure was carried out, or

• (b) by deducting the costs from any sum due by the Minister to a person on whom a notice has been served.

Forgery

20.

• (2) A person shall not alter with intent to defraud or deceive, or utter knowing it to be so altered a certificate, commercial document, an approval, authorisation, registration document or licence granted under the Animal By-products Regulation, the TSE Regulation, another act of the institutions of the European Community cited in these Regulations or these Regulations or a record kept and maintained under the Animal By-products Regulation, the TSE Regulation, another act of the institutions of the European Community cited in these Regulations or these Regulations or an extract therefrom (hereafter in this Regulation referred to as “an altered document”).

• (3) A person shall not have, without lawful authority, in his or her possession or under his or her control a forged document or an altered document.

Service

21.

• (a) by delivering it to the person,

• (b) by leaving it at the address at which the person ordinarily resides or, if an address for service has been furnished, at that address,

• (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, if an address for service has been furnished, at that address, or

• (d) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the welfare notice relates to a premises, by delivering it to some person over 16 years of age resident or employed on the premises or by affixing it in a conspicuous position on or near the premises.

• (2) If a notification or compliance notice is to be served on or given to a person who is the owner or occupier of a premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words the owner or, as the case may require, the occupier.

• (3) A person shall not at any time within 6 months after a notification or compliance notice is affixed under paragraph (1)(d) remove, damage or deface the notice without lawful authority.

• (4) For the purposes of this Regulation, a company within the meaning of the Companies Acts, is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.

Fees

22.

• (2) If the Minister, the Minister for Communications, Marine and Natural Resources or the Health Service Executive charges a fee in relation to an application for an approval, authorisation, licence or registration, under these Regulations, he or she shall not consider the application unless the fee accompanies the application.

• (3) A fee payable pursuant to this Regulation may be recovered by the Minister, the Minister for Communications, Marine and Natural Resources or the Health Service Executive from the person by whom it is payable as a simple contract debt in a court of competent jurisdiction.

• (4) A fee payable to a Minister of the Government pursuant to this Regulation shall be disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

• (5) The Public Offices Fees Act 1879 does not apply to a fee charged pursuant to this Regulation.

Offences

23.

• (a) contravenes Article 3(1), 4(2), (3), (4), 5(2), (3), (4), 6(2), (3), 7(1), (2), (5), 8(1), (2), (3), 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 22 (1), 25 or 29 of the Animal By-products Regulation,

• (b) contravenes Article 7 (1), (2), 8(1), (3), 9, 15, 16 (2), (3), (5), (6) of, or Annex III, IV, Chapter C of Annex X or Annex XI to, the TSE Regulation,

• (c) contravenes Article 9 of Commission Regulation (EC) No. 811/2003 of 12 May 2003,

• (d) contravenes Article 4 or 5 of Commission Regulation (EC) No. 878/2004 of 29 April 2004,

• (e) contravenes Article 2 of Commission Decision No. 2004/217/EC of 1 March 2004,

• (f) contravenes Article 2 or 3 of Commission Regulation (EC) No. 79/2005 of 19 January 2005,

• (g) contravenes Article 4 (as amended by Article 1(4) of Commission Regulation (EC) No. 2067/2005 of 16 December 2005) of Commission Regulation (EC) No. 92/2005 of 19 January 2005,

• (h) contravenes Article 1 of Commission Decision No. 2005/598/EC of 2 August 2005,

• (i) contravenes Articles 3, 4, 5 (subject to paragraph (8)), 6, 7 or 8 of Commission Regulation (EC) No. 181/2006 of 1 February 2006,

• (j) places on the market or exports a processed animal protein or another processed product that could be used as feed material other than in accordance with Article 19 of the Animal By-products Regulation,

• (k) obstructs or impedes an authorised officer in the exercise of any of his or her functions under Regulation 17,

• (l) fails, without reasonable excuse, to comply with a requirement or direction made by an authorised officer under Regulation 17,

• (m) in making an application for an approval or authorisation under Regulation 10, registration under Regulation 15, a burial licence or a research licence or in purporting to give information required by an authorised officer for the performance of the officer's powers under Regulation 17 of these Regulations-

• (i) makes a statement which he or she knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or

• (ii) fails to disclose any material particular,

• (n) contravenes Regulation 3, 4, 5, 6 7, 8(1) 9, 10 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (17), 11(1), (9), (13), 12 (1), (10), 13 (1), (9), (13), 14(1), (12), (13), (14), 15 (1), (13), (15), 19(3), (9), 20, 21(3) or 26 of these Regulations,

• (o) tampers with a seal applied pursuant to the Animal By-products Regulation or an approval, authorisation, registration or licence granted under these Regulations,

• (p) contravenes a condition of a registration, approval, authorisation or licence granted under these Regulations,

• (q) tampers with or interferes with an animal by-product or with a sample taken under these Regulations, or

• (r) aids or abets a contravention of the Animal By-products Regulation, the TSE Regulation, another act of the institutions of the European Community cited in these Regulations or these Regulations,

is guilty of an offence and is liable, on conviction, to a fine not exceeding €5,000 or to a term of imprisonment not exceeding 6 months or to both.

• (2) In a prosecution for an offence under paragraph (1), if a contravention of Article 15 of the Animal By-products Regulation is alleged, it is a defence for the defendant to prove that, as regards category 3 material and manure used in a composting plant, he or she operated in compliance with Commission Regulation (EC) No. 809/2003 of 12 May 2003.

• (3) In a prosecution for an offence under paragraph (1), if a contravention of Article 15 of the Animal By-products Regulation is alleged, it is a defence for the defendant to prove that, as regards category 3 material and manure used in a biogas plant, he or she operated in compliance with Commission Regulation (EC) No. 810/2003 of 12 May 2003.

• (4) In a prosecution for an offence under paragraph (1), if a contravention of Article 7 of the Animal By-products Regulation is alleged in relation to the collection, storage, transport or disposal of former foodstuffs that comprise category 3 material, it is a defence for the defendant to prove that the collection, transport, storage or disposal of the category 3 material to which the alleged offence relates is in accordance with Commission Regulation (EC) No. 813/2003 of 12 May 2003

• (5) Paragraphs (2) and (3) cease to have effect on 1 January 2007.

• (6) Paragraph (4) ceases to have effect on 1 August 2007.

• (7) In proceedings for an offence in relation to a contravention of Article 7(1) or (2) of the TSE Regulation, it is a defence for the defendant to show that point II(A) of Annex IV to the TSE Regulation applies and that the said point II(A) was, at the time of the alleged offence, complied with.

• (8) In relation to a porcine animal, the period referred to in Part IV of the Annex to Commission Regulation No. 181/2006 of 1 February 2006 is, in lieu of the period stated in that Part, 60 days.

• (9) In relation to—

• (a) category 2 material, or

• (b) category 3 material other than catering waste,

the period referred to in Part IV of the Annex to Commission Regulation No. 181/2006 of 1 February 2006 is, in lieu of the period stated in that Part, 3 years.

• (10) If, in proceedings for an offence in relation to a contravention of these Regulations, the Animal By-products Regulation or the TSE Regulation, it is alleged that animal protein is present in a substance and if it is proved that one or more bone spicules is or are present in the substance, it is for the defendant to prove that a prohibited animal protein was not present in the substance.

• (11) In proceedings for an offence under the TSE Regulation and Regulation 3(1)(b), it is not necessary for the prosecution to prove that the State belongs to a particular category and it is not a defence to show that the State belongs to or does not belong to a particular category.

• (12) In proceedings under these Regulations, it is for the defendant to prove that a farm animal or ruminant animal did not have access to the land to which the proceedings relate.

Prosecutions

24.

• (a) the Minister,

• (b) the Minister for Communications, Marine and Natural Resources, or

• (c) the Health Service Executive.

• (2) If an offence under these Regulations is committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence is committed, is a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if guilty of the first-mentioned offence.

• (3) If the affairs of a body corporate or unincorporated body are managed by its members, paragraph (2) applies in relation to the acts and defaults of a member in connection with functions of management as if the member is a director or manager of the body corporate.

Evidence on certificate

25.

• (a) that the laboratory is an approved laboratory or the national reference laboratory,

• (b) that the person received a sample submitted to the laboratory,

• (c) that, for such period as is specified in the certificate, the person had in his or her custody a sample so submitted,

• (d) that the person gave to such other person as is specified in the certificate a sample so submitted, or

• (e) that the person carried out any laboratory examination for the purpose of detecting the presence, in a sample so submitted, of a transmissible spongiform encephalopathy, or that the sample was positive for a transmissible spongiform encephalopathy,

is, unless the contrary is proved, evidence of the matters stated in the certificate.

• (2) A certificate purporting to be signed by an officer of the Minister and to certify that on a specific day or days or during the whole of a specified period-

• (a) a particular person or vehicle did not stand registered in the register of home compounders or the animal by-products transport register,

• (b) the registration of a particular person or vehicle in the register of home compounders or the animal by-products transport register had been revoked,

• (c) a person was or was not the holder of an approval or authorisation granted for the purposes of either the Animal By-products Regulation or the TSE Regulation under Regulation 10,

• (d) a person was or was not the holder of a burial licence, a research licence, a meat feeding licence or a meat seller's licence, or

• (e) that a particular approval, authorisation, registration or licence, referred to in this paragraph, was subject to a particular condition or conditions,

is, without proof of the signature of the person purporting to sign the certificate or that he or she is an officer of the Minister, evidence, unless the contrary is shown, of the matters stated in the certificate.

• (3) In proceedings for an offence under these Regulations the court may, if it considers that the interests of justice so require, direct that oral evidence of the matters stated in a certificate under paragraph (1) or (2) be given, and the court may for the purpose of receiving oral evidence adjourn the matter.

• (4) In proceedings for an offence, evidence of an act of the institutions of the European Community may be given by production of a copy of the act certified by an officer of the Minister to be a copy of the act, and it is not necessary to prove the signature of the officer or that he or she is an officer of the Minister.

• (5) Paragraph (4) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 ( S.I. No. 341 of 1972 ).

Production of documents

26.

• (a) a health certificate referred to in Article 7(2) or 8(3)(a) of the Animal By-products Regulation or Article 15(1), 16(3), (5), 17 or 18 of the TSE Regulation,

• (b) a commercial document referred to in Article 7(2) or 8(3)(a) of the Animal By-products Regulation or Article 16(5) or 17 of the TSE Regulation,

• (c) an authorisation referred to in Article 8(2) of the Animal By-products Regulation,

• (d) a record referred to in Article 9, 14(2)(c) or 25(1)(d) of the Animal By-products Regulation,

• (e) an approval or authorisation granted under Regulation 10 or a record maintained pursuant to the approval or authorisation,

• (f) a licence granted under Regulation 11, 12 or 13 or a record maintained pursuant to the licence, or

• (g) a certificate of registration under Regulation 14 or 15 or a record maintained pursuant to the registration.

Fixed payment notice

27.

• (a) the person is alleged to have committed the offence,

• (b) the person may during the period of 28 days from the date of the notice make to the Minister, Minister for Communications, Marine and Natural Resources or the Health Service Executive a payment of €250 accompanied by the notice, and

• (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (2) If notice is given under paragraph (1)—

• (a) a person to whom the notice applies may, during the period specified in the notice, make to the Minister, Minister for Communications, Marine and Natural Resources or the Health Service Executive at the address specified in the notice the payment specified in the notice accompanied by the notice,

• (b) the Minister, Minister for Communications, Marine and Natural Resources or the Health Service Executive may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

• (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (3) In a prosecution for an offence under these Regulations, the onus of proving that a payment pursuant to a notice under this Regulation has been made lies on the defendant.

Savers

28.

• (a) the Diseases of Animals Act 1966 (No. 6 of 1966) and Regulations under the European Communities Act 1972 (No. 27 of 1972) that relate to an animal, product or other thing that is also subject to these Regulations, and

• (b) any enactment or statutory instrument made under an enactment that regulates the import and placing on the market of a product not referred to in Annex VII or VIII of the Animal By-products Regulation.

• (2) A person who, immediately before the making of these Regulations, is lawfully operating a plant (for which approval is required for the purposes of the Animal By-products Regulation under Regulation 10) in accordance with the Regulations revoked by Regulation 30(1) and who makes application for an approval in respect of the plant within 2 months of the making of these Regulations, may continue to operate, in accordance with these Regulations until the application is determined.

• (3) An application for approval or authorisation under Regulation 6 of the Regulations revoked by Regulation 30(1) may be considered and determined as if it is an application under the equivalent provisions of Regulation 10.

• (4) A burial licence granted under Regulation 7, a research licence granted under Regulation 8, a meat feeding licence or meat seller's licence granted under Regulation 9 of the Regulations revoked by Regulation 30(1) that is in force immediately before the commencement of these Regulations is considered to be—

• (a) a burial licence granted under Regulation 11,

• (b) a research licence granted under Regulation 12,

• (c) a meat feeding licence granted under Regulation 13, or

• (d) a meat seller's licence under Regulation 13,

and may be dealt with as if granted under the corresponding provision of these Regulations.

• (5) An application for a burial licence granted under Regulation 7, a research licence granted under Regulation 8, a meat feeding licence or meat seller's licence granted under Regulation 9 of the Regulations revoked by Regulation 30(1) may be considered and determined as if it is an application for a licence specified in paragraph (4) (a), (b), (c) or (d).

• (6) An entry in—

• (a) the register of home compounders maintained under Regulation 9A (inserted by the European Communities (Animal By-products) (Amendment) Regulations 2005), or

• (b) the animal by-products transport register maintained under Regulation 9B (inserted by the European Communities (Animal By-products) (Amendment) Regulations 2005),

of the Regulations revoked by Regulation 30(1) that is in force immediately before the commencement of these Regulations is considered to be an entry in—

• (i) the register of home compounders maintained under Regulation 14, or

• (ii) the animal by-products transport register maintained under Regulation 15,

and may be dealt with as if made under that provision.

• (7) An application for registration in—

• (a) the register of home compounders maintained under Regulation 9A (inserted by the European Communities (Animal By-products) (Amendment) Regulations 2005), or

• (b) the animal by-products transport register maintained under Regulation 9B (inserted by the European Communities (Animal By-products) (Amendment) Regulations 2005),

of the Regulations revoked by Regulation 30(1) is considered to be an application for registration in—

• (iii) the register of home compounders maintained under Regulation 14, or

• (iv) the animal by-products transport register maintained under Regulation 15,

and may be considered and determined as if it is an application under the provision referred to in sub-paragraph (i) or (ii).

Construction and transfer of certain functions

29.

• (a) in Regulation 10, in relation to an application, an approval or list of approvals relating to a fish by-product,

• (b) in Regulation 11, in relation to an application or burial licence relating to a fish by-product,

• (c) in Regulation 12, in relation to an application or research licence relating to a fish by-product,

• (d) In Regulation 13, in relation to an application or licence relating to a fish by-product or maggots for use as bait, and

• (e) in Regulation 25, in relation to a certificate issued for the purposes of a prosecution instituted by the Minister for Communications, Marine and Natural Resources,

the Minister for Communications, Marine and Natural Resources.

• (2) Subject to paragraph (4), the functions of the Minister for Communications, Marine and Natural Resources under these Regulations are transferred to the Sea-Fisheries Protection Authority on 1 January 2007 and a reference to that Minister is construed and has effect as if it is a reference to the Authority.

• (3) On and from 1 January 2007—

• (a) monies payable under these Regulations to the Minister for Communications, Marine and Natural Resources shall be paid to the authority instead of to the Minister, and

• (b) a reference to the Minister for Communications, Marine and Natural Resources or an officer of that Minister is construed and has effect as if the reference is a reference to the Authority or an officer of the Authority.

• (4) The Minister may, after 1 January 2007, deduct from any sum due by him or her to a person on whom a compliance notice was served before that day the costs, incurred by the Minister of seizure, sale or disposal under Regulation 17 or 20 whether incurred before or after that day.

Revocations

30.

• (a) the European Communities (Animal By-products) Regulations 2003 ( S.I. No. 248 of 2003 ),

• (b) the European Communities (Animal By-products) (Amendment) Regulations 2005 ( S.I. No. 707 of 2005 ), and

• (c) the European Communities (Animal By-products) (Amendment) Regulations 2006 ( S.I. No. 250 of 2006 ).

• (2) The European Communities (Trade in Animals and Animal Products) Regulations 1994 ( S.I. No. 289 of 1994 ) have effect as if Regulation 18 of the European Communities (Trade in the Production, Processing, Distribution and Introduction of Products of Animal Origin for Human Consumption) Regulations 2004 ( S.I. No. 820 of 2004 ) were in addition to and not in substitution for the Regulations first cited in this paragraph.

• (3) A reference in any enactment or statutory instrument to a statutory instrument revoked by paragraph (1) is construed and has effect as if the reference is a reference to these Regulations or the corresponding provision of these Regulations.

• (4) The Diseases of Animals (Feeding and Use of Swill) Orders 1985 and 1987 do not apply to the use of swill (and activities ancillary thereto) in connection with plant approved under Regulation 6(6) of the European Communities (Animal By-products) Regulations 2003 ( S.I. No. 248 of 2003 ).

Schedule The following are on-farm measures for the purposes of point II.C (d) — second paragraph of Annex IV to the TSE Regulation.

A person may possess, store and feed a feedingstuff consisting of or containing dicalcium phosphate on a farm where a ruminant is present if—

	GIVEN under my Official Seal, 7 December 2006
	MARY COUGHLAN Minister for Agriculture and Food

EXPLANATORY NOTE.

(This note is not part of the instrument and does not purport to be a legal interpretation)

The Regulations provide ancillary and supplementary measures necessary for a series of EC Regulations relating to transmissible spongiform encephalopathies and animal by-products to have full effect.

Footnotes