The Bovine Products (Despatch to Other Member States) (Amendment) Regulations (Northern Ireland) 1996

Made: 19th December 1996

Coming into operation: 2nd January 1997

The Department of Agriculture, being a Department designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Bovine Products (Despatch to Other Member States) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 2nd January 1997.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00003] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the Bovine Products (Despatch to Other Member States) Regulations (Northern Ireland) 1996

2

• (1) The Bovine Products (Despatch to Other Member States) Regulations (Northern Ireland) 1996[^f00004] shall be amended as provided by paragraphs (2) to (4).

• (2) After regulation 3 there shall be inserted—

(3A) (1) A person shall not produce any gelatin in any establishment unless that establishment is registered by the Department under this regulation. (2) On an application made to the Department in writing by the operator of the establishment to which the application relates, the Department shall register that establishment for the production of gelatin where it is satisfied that— (a) no raw material from a bovine animal slaughtered in the United Kingdom is used in such production; or (b) such production is in accordance with the appropriate conditions set out in the Annex to Commission Decision 96/239/EC on emergency measures to protect against bovine spongiform encephalopathy[^f00005], as amended by Commission Decision 96/362/EC[^f00006]. (3) The Department shall remove an establishment from the register where it is no longer satisfied that one of the conditions set out in paragraph (2) is met. (4) This regulation applies only to gelatin liable to enter the human food or animal feed chains or destined for use in cosmetic, medical or pharmaceutical products. (3B) Any person who uses gelatin produced in the United Kingdom in the production of any product which is— (a) liable to enter the human food chain or animal feed chain; or (b) destined for use as or in any cosmetic, medical or pharmaceutical product, shall ensure that the gelatin used was produced in an establishment which was registered under regulation 3A at the time that gelatin was manufactured, or, in the case of gelatin produced before 2nd January 1997, which complied with the conditions for registration at the time of manufacture and has subsequently been registered.

• (3) For regulation 5(2) there shall be substituted—

(2) An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any establishment approved for the purposes of regulation 3 or registered under regulation 3A in order to ascertain whether the requirements of those regulations are satisfied in that establishment.

• (4) In regulation 5(3) for sub-paragraph (a) there shall be substituted—

(a) carry out inspections of any place from which material derived from bovine animals is consigned to an establishment approved for the purposes of regulation 3 or registered under regulation 3A.

Signed

Sealed with the Official Seal of the Department of Agriculture on 19th December 1996.

L. McKibben — Assistant Secretary

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Bovine Products (Despatch to Other Member States) Regulations (Northern Ireland) 1996.

Those Regulations implement in part, as respects Northern Ireland, Commission Decision 96/239/EC on emergency measures to protect against Bovine Spongiform Encephalopathy, as amended by Commission Decision 96/362/EC, in relation to the despatch to other member States of meat and other products from bovine animals slaughtered outside the United Kingdom.

These Regulations additionally make provision for the control of the production of gelatin from bovine animals.

Footnotes

[^f00001]: S.I. 1972/1811

[^f00002]: 1972 c. 68

[^f00003]: 1954 c. 33 (N.I.)

[^f00004]: S.R. 1996 No. 563

[^f00005]: O.J. No. L78, 28.3.96, p. 47

[^f00006]: O.J. No. L139, 12.6.96, p. 17