Specified Bovine Material (No. 2) (Amendment) Order (Northern Ireland) 1996

Made: 20th November 1996

Coming into operation: 21st November 1996

The Department of Agriculture, in exercise of the powers conferred on it by Articles 2(3), 5(1), 19(b), (e), (f), (i) and (k), 29(1) and (2), 32, 44, 46(7A) and 60(1) of the Diseases of Animals (Northern Ireland) Order 1981[^f00001] and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1

This Order may be cited as the Specified Bovine Material (No. 2) (Amendment) Order (Northern Ireland) 1996 and shall come into operation on 21st November 1996.

Amendment to the Specified Bovine Material (No. 2) Order (Northern Ireland) 1996

2

• (1) The Specified Bovine Material (No. 2) Order (Northern Ireland) 1996[^f00002] shall be amended in accordance with this Article.

• (2) In Article 2(1) (Interpretation)—

• (a) after the definition of “production” there shall be inserted the following definition—

• “rendering” means subjecting animal by-products at a rendering, fishmeal or other plant to any of the systems of treatment or procedures mentioned in Schedule 4 of the Animal By-Products Regulations (Northern Ireland) 1993[^f00003];

; and

• (b) for the definition of “the SBMTD Regulations” there shall be substituted the following—

• “the SBMTD Regulations” means the Specified Bovine Material (Treatment and Disposal) (No. 3) Regulations (Northern Ireland) 1996[^f00004];

• (3) For Article 4(2) there shall be substituted the following paragraph—

(2) A person shall not undertake any production using any mammalian meat and bone meal or any MBM product on premises where any feedingstuff for livestock, fish or equine animals is produced and a person shall not offer any mammalian meat and bone meal or any MBM product for sale there, unless (in either case)— (a) the ingredients of the feedingstuff are stored, and the feedingstuff is produced, in a separate building from that in which any mammalian meat and bone meal or any MBM product is stored, used or sold; (b) except as provided by sub-paragraph (d), the feedingstuff is stored in a separate building from that in which any mammalian meat and bone meal or any MBM product is stored, used or sold; (c) no equipment or vehicle used in the production of the feedingstuff comes into contact with any mammalian meat and bone meal, any MBM product or any ingredient or equipment used with mammalian meat and bone meal or any MBM product; and (d) where mammalian meat and bone meal or any MBM product is sold, any of the feedingstuff stored in the same building as that meal or product is stored there solely for the purpose of being sold in that building and either— (i) the mammalian meat and bone meal or MBM product is stored in a place which is physically separated from any place where the feedingstuff is stored; or (ii) both the feedingstuff and the mammalian meat and bone meal or MBM product are securely packaged with no spillage or leakage taking place.

• (4) In Article 4(3)(b), after the word “produced” there shall be inserted the words “other than in accordance with paragraph (2)”.

• (5) In Article 4(3)(c), after the word “produced” there shall be inserted the words “and no livestock are kept”.

• (6) In Article 4(10), after the words “or any MBM product” there shall be inserted the words “in contravention of paragraphs (3) or (4)”.

• (7) In Article 4, after paragraph (17) there shall be inserted the following paragraph—

(17A) A person shall not be required to keep any record relating to the consignment or transport of mammalian meat and bone meal in accordance with the provisions of paragraphs (12) to (17) where the consignment or transport follows the retail sale of the meal, and a person receiving a consignment for the purpose of selling it by retail shall not be required to keep any record other than required by paragraphs (13) or (14), provided that in either case— (a) the meal is contained in sealed packages each weighing not more than 26 kilograms; (b) the packages containing the meal are presented as containing a fertiliser solely for a use permitted under the Fertilisers (Mammalian Meat and Bone Meal) Regulations (Northern Ireland) 1996[^f00005]; and (c) (in the case of a consignment by retail sale) the consignment consists of not more than 104 kilograms of meal.

Signed

Sealed with the Official Seal of the Department of Agriculture on 20th November 1996.

Liam McKibben — Assistant Secretary

Explanatory note

(This note is not part of the Order.)

This Order amends the Specified Bovine Material (No. 2) Order (Northern Ireland) 1996 (“the principal Order”).

The Order makes provision for the sale of MBM products at premises where feedingstuffs for livestock are produced by amending Article 4 of the principal Order. MBM products may now be sold at such premises provided that they are kept in separate buildings from those in which the feedingstuff is produced and the feedingstuff and its constituent ingredients stored. Exceptionally, MBM products and feedingstuffs for livestock may both be kept in the same building, provided that they are there solely to be sold there. In this case, the requirements which apply to other premises selling both MBM products and livestock feedingstuffs apply, in order to prevent any contamination of the feedingstuffs by the MBM product (Article 2(3)).

The Order makes an exception to the record-keeping requirement set out in Article 4 of the principal Order. It provides that no records need to be kept where mammalian meat and bone meal presented as a fertiliser for a use permitted by the Fertilisers (Mammalian Meat and Bone Meal) Regulations 1996 is sold by retail sale, provided that it is sold in packages of not more than 26 kilograms and that not more than 104 kilograms is sold in the transaction. The amendment also provides that the retailer need not keep records relating to delivery to him of such fertilisers (Article 2(7)).

Footnotes

[^f00001]: S.I. 1981/1115 (N.I. 22) as amended by S.I. 1984/702 (N.I. 2) Art. 17 and S.I. 1994/1891 (N.I. 6)

[^f00002]: S.R. 1996 No. 360

[^f00003]: S.R. 1993 No. 192

[^f00004]: S.R. 1996 No. 390

[^f00005]: S.R. 1996 No. 165