Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999

Made: 30th June 1999

Coming into operation: 29th July 1999

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Citation and commencement

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trade in live bovine animals, bovine embryos, mammalian meat and bone meal and related products

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trade in meat, products, by-products and materials derived from animals slaughtered in the United Kingdom

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trade in meat, products, by-products and materials derived from bovine animals slaughtered outside the United Kingdom

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration of establishments for the production of controlled bovine by-products

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements imposed on the operator of an establishment registered under regulation 6(2)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Production of bovine by-products and consignment and placing on the market of bovine meat, products and certain by-products

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of controlled bovine by-products and other products

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of establishments for the slaughter of DBES eligible animals and ECHS animals

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements imposed on the operator of an establishment approved under regulation 10(3)

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of establishments for the preparation or despatch of foreign origin export eligible goods, DBES goods and ECHS goods and foreign origin bovine by-products

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements imposed on the operator of an establishment approved under regulation 12(2)

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fees

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers to stop and search vehicles and vessels and detain goods

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of entry

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seizure of illegal goods

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sampling and other checks and examinations

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of customs officers to detain vehicles and vessels

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension notices and orders

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obstruction

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences and penalties

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1998 and savings provisions

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1 — Required methods of operation for DBES or ECHS slaughterhouses

1

All bovine animals slaughtered in the establishment must have been confirmed by official checks before slaughter as being DBES eligible animals or, as the case may be, ECHS animals.

2

There must be a system at the establishment to ensure that after slaughter meat is traceable back to the DBES eligible animal or ECHS animal from which it is derived or, in the case of offal, is traceable back to the batch of DBES eligible animals or, as the case may be, ECHS animals from which it is derived.

3

There must be a system for recording all DBES eligible animals or, as the case may be, ECHS animals slaughtered and outgoing fresh meat which ensures that it is possible to cross check consignments entering and leaving the establishment.

4

Instruments intended for application of the additional mark, labels or packaging bearing an additional mark and official seals, may be ordered only with the authorisation of a veterinary inspector.

5

All new supplies of instruments intended for application of the additional mark, labels or packaging bearing an additional mark and official seals must be delivered into the control of an inspector in accordance with regulation 11(7) of the Bovines and Bovine Pro-ducts (Trade) Regulations (Northern Ireland) 1999 and maintained and applied under the control of an inspector.

6

DBES goods or, as the case may be, ECHS goods consisting of fresh meat must be despatched from the premises in means of transport, or in a lockable chamber or lockable con-tainer carried on a means of transport, which is—

• (a) not used at the same time for the carriage of any other meat derived from a bovine animal; and

• (b) sealed with an official seal.

7

All cold store chambers must be capable of being sealed so that goods cannot be added or removed without breaking the seal.

SCHEDULE 2 — Required methods of operation for the preparation of export eligible goods in export dedicated establishments

1

Approved establishments must be export dedicated.

2

All raw materials for use in production for despatch abroad must be identifiable to species of origin. Foreign origin bovine by-products, foreign origin bovine raw materials and any mammalian meat and bone meal must be traceable to non-UK place of origin.

3

—

• (1) In respect of the preparation at the establishment of any fresh meat—

• (a) derived from DBES eligible animals; or

• (b) derived from or part of a consignment of any ECHS goods,

the meat must be deboned and all adherent tissues, including obvious nervous and lymphatic tissues, and the lymph nodes mentioned in paragraph (3) of this requirement, must be removed.

• (2) In respect of the preparation at the establishment of any fresh meat derived from foreign origin export eligible goods intended for use together with any DBES goods or ECHS goods in the preparation of any export eligible goods to be marked or labelled with an additional mark conforming with Schedule 5, the meat must be deboned and all adherent tissues, including obvious nervous and lymphatic tissues, and the lymph nodes mentioned in paragraph (3) of this requirement, must be removed.

• (3) The lymph nodes which must be removed with adherent and obvious nervous and lymphatic tissues are:—

• popliteal, ischiatic, superficial inguinal, deep inguinal, medial and lateral iliac, renal prefemoral, lumbar, costocervical, sternal, presacpular, axilliary and caudal deep cervical.

4

Foreign origin export eligible goods must be traceable to non-UK place of origin. DBES goods and ECHS goods must be traceable to the original individual animal (for meat prior to cutting) or batch of animals (for meat after cutting) at the slaughterhouse. Offal derived from DBES and ECHS animals must be traceable to the batch of animals from which they were derived.

5

Arrangements must be in place to ensure that products of animal origin, derived from DBES and ECHS goods, a DBES eligible animal or an animal slaughtered for the purposes of the ECHS, are not prepared in the approved establishment if they are not export eligible goods.

6

When any goods cease to be eligible for despatch from Northern Ireland to a member State or a third country, or when they are to be despatched from the establishment for placing on the market in the United Kingdom (whichever occurs first), the goods must be segregated, have their additional marks removed or cancelled and be despatched from the establishment as soon as possible thereafter.

7

Cold stores must have chambers for storage of export eligible goods which are eligible for despatch abroad which can be locked under seal so that products cannot be added or removed without breaking the seal. (Lockable rails in chillers are not sufficient to comply with this requirement.)

8

The operator must clearly identify foreign origin export eligible goods destined for despatch abroad which are to be despatched to an establishment which is not an export dedicated establishment and ensure it is possible to identify those goods as goods which have not been mixed with any DBES goods or ECHS goods at any stage of preparation.

9

There must be sufficient identification of foreign origin export eligible goods for despatch to allow a full description of the goods to be provided on certificates required for the purposes of the Bovines and Bovine Products (Trade) Reg-ulations (Northern Ireland) 1999.

10

Fresh meat, minced meat, meat preparations, meat products and other products of animal origin of bovine origin which are eligible for despatch abroad must be marked with an additional mark in the form prescribed in Schedule 5 to the Bovines and Bovine Products (Trade) Reg-ulations (Northern Ireland) 1999 when they are despatched from the establishment—

• (a) for the purpose of being despatched from Northern Ireland to another member State or a third country;

• (b) to any other establishment approved under the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999 for the purpose of despatch of the goods from that establishment, or subsequently from any other such establishment, from Northern Ireland to another member State or a third country; or

• (c) to any export dedicated establishment (approved under those Regulations) whether or not for the purpose of despatch from that establishment, or subsequently from any other such establishment, from Northern Ireland to another member State or a third country.

11

Instruments intended for application of the additional mark, labels or packaging bearing an additional mark and official seals may be ordered only with the authorisation of a veterinary inspector.

12

All new supplies of instruments intended for application of the additional mark, labels or packaging bearing an additional mark and official seals must be delivered into the control of an inspector in accordance with regulation 13(12) of the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999 and maintained and applied under the control of an inspector.

13

There must be sufficient identification of export eligible goods for despatch to allow a full description of the goods to be provided on certificates required for the purposes of the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999.

14

Export eligible goods must be despatched from the premises in means of transport, or in a lockable chamber or lockable container carried on a means of transport, which is—

• (a) not used at the same time for the carriage of any goods not eligible for despatch abroad under these Regulations; and

• (b) sealed with an official seal.

SCHEDULE 3 — Required methods of operation for the preparation of foreign origin export eligible goods in establishments which are not export dedicated establishments

1

All raw materials for use in production for despatch abroad must be identifiable to species of origin. Materials of bovine origin and any mammalian meat and bone meal must be traceable to non-UK place of origin.

2

All foreign origin export eligible goods which are eligible for despatch abroad must be unloaded, processed or treated, stored, handled, loaded and unloaded and transported separately, or at different times, from bovine products which are not eligible for despatch abroad.

3

—

• (1) Cold stores must have chambers for storage of foreign origin export eligible goods which are eligible for despatch abroad which can be locked under seal so that products cannot be added or removed without breaking the seal. (Lockable rails in chillers are not sufficient to comply with this requirement.)

• (2) Other stores must have clear and effective segregation between foreign origin export eligible goods which are eligible for despatch abroad and bovine products which are not so eligible (though this need not take the form of a chamber locked under seal).

4

Fresh meat, minced meat, meat preparations, meat products and other products of animal origin of bovine origin which are eligible for despatch abroad must be marked with an additional mark in the form prescribed in Schedule 4 to the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999.

5

Instruments intended for application of the additional mark, labels or packaging bearing an additional mark and official seals may be ordered only with the authorisation of a veterinary inspector.

6

All new supplies of instruments intended for application of the additional mark, labels or packaging bearing an additional mark and official seals must be delivered into the control of an inspector in accordance with regulation 13(12) of the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999 and maintained and applied under the control of an inspector.

7

There must be sufficient identification of foreign origin export eligible goods for despatch to allow a full description of the goods to be provided on certificates required for the purposes of the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999.

8

Foreign origin export eligible goods must be despatched from the premises in means of transport, or in a lockable chamber or lockable container carried on a means of transport, which is—

• (a) not used at the same time for the carriage of any goods which are not eligible for despatch abroad under these Regulations; and

• (b) sealed with an official seal.

SCHEDULE 4 — Additional Mark for foreign origin export eligible goods

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5 — Additional Mark for DBES goods, ECHS goods prepared in Northern Ireland, goods containing any DBES goods or ECHS goods (whether or not prepared in Northern Ireland), or foreign origin export eligible goods consisting of, or derived from, fresh meat which has been deboned and from which all adherent tissues, including obvious nervous and lymphatic tissues, have been removed

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Sealed with the Official Seal of the Department of Agriculture on

Liam McKibben — Assistant Secretary — 30th June 1999.

Explanatory note

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Footnotes

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

[^f00002]: 1972 c. 68

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

[^f00004]: O.J. No. L113, 15.4.98, p. 32

[^f00005]: O.J. No. L273, 9.10.98, p. 37

[^f00006]: O.J. No. L328, 4.12.98, p. 28

[^f00007]: Directive 64/433/EEC has been amended and consolidated by Directive 91/497/EEC (O.J. No. L268, 24.9.91, p. 96)

[^f00008]: S.I. 1999/1103

[^f00009]: O.J. No. L26, 31.1.77, p. 85, as amended and updated by Council Directive 92/5/EEC (O.J. No. L57, 2.3.92, p. 1)

[^f00010]: O.J. No. L368, 31.12.94, p. 10

[^f00011]: S.R. 1998 No. 45

[^f00012]: S.R. 1997 No. 493

[^f00013]: 1979 c. 2

[^f00014]: 1991 No. 762 (N.I. 7) as amended by S.I. 1996 No. 1633 (N.I. 12)

[^f00015]: S.R. 1998 No. 163

Editorial notes

[^key-a143dd89fe7a718f3eaf4b93275537fc]: Regulations revoked (3.5.2006) by The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2006 (S.R. 2006/202), regs. 1, 20, Sch. 8 [Editorial note: No historical revised versions have been created for amendments to this S.R. made prior to its final revocation. A revised version of how the S.R. stood at its first commencement is available and, to see the document content as it originally stood when it was made, select the 'Original (As Made)' version from the left-hand menu. For further details of the amendments see the List of All Changes available in 'More Resources' above]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .