The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2018

Any person who introduces an animal onto any premises in contravention of point 3(2) of Chapter B of Annex VII is guilty of an offence.

Use of ovine germinal products

18

Any person who uses ovine germinal products in contravention of point 3(3) of Chapter B of Annex VII is guilty of an offence.

Movement of an animal from any premises

19

Any person who moves an animal from any premises in contravention of point 3(4) of Chapter B of Annex VII is guilty of an offence.

Time of movement restrictions

20

For the purposes of point 3(5) of Chapter B of Annex VII the relevant dates must be established by the Department giving written notification of those dates to the occupier of the premises in question.

Death while under restriction

21

• (1) If any animal of 18 months of age or over dies or is killed while it is under restriction for any reason under this Schedule or Annex VII, the owner must immediately notify the Department, and retain the body on the premises where it was kept until they are directed in writing to move or dispose of it by the Department.

• (2) It is an offence not to comply with this paragraph or to fail to comply with a direction under it.

Prohibitions from placing on the market of progeny of a BSE affected ovine or caprine animal

22

A person must not place on the market the last born progeny of a BSE confirmed, ovine or caprine animal born during the preceding two-year period or during the period that followed the appearance of the first clinical signs of the onset of the disease.

Compensation for animals killed or products destroyed following confirmation of TSE

23

The Department must pay compensation to the owner of animals killed and products (other than products destroyed in accordance with paragraph 8) destroyed under this Schedule following confirmation of a TSE.

Valuations

24

• (1) If compensation for an animal is to be paid, the valuation of the animal will be the market value of the animal determined in accordance with the procedure in regulation 12.

• (2) The nominated valuer must value the animal, milk and milk product at the price that might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal was not from a flock or herd affected by a TSE.

Compensation for milk or milk products compulsorily destroyed in accordance with paragraph 8

25

• (1) The Department must pay compensation in accordance with this paragraph for milk or milk products destroyed pursuant to paragraph 8.

• (2) The compensation payable is that which the Department believes might reasonably have been obtained for the milk or milk products on the open market had it not been compulsorily destroyed and had not been milk derived from a flock or herd affected by TSE.

• (3) If the owner of the milk or milk products considers the compensation to be unreasonable a valuation must be carried out in accordance with the procedure laid down in regulation 12(3) to (8) with the owner paying any valuation fee arising.

SCHEDULE 5 — CONTROL AND ERADICATION OF TSE IN ANIMALS OTHER THAN BOVINE, OVINE OR CAPRINE ANIMALS

Notification

1

• (1) For the purposes of Article 11, any person who has in their possession or under their charge any animal that is not bovine, ovine or caprine that is suspected of being affected by a TSE must immediately notify the Department and detain it on the premises until it has been examined by a veterinary inspector.

• (2) Any veterinary surgeon who examines or inspects any such animal must, with all practical speed, notify the Department.

• (3) Any person (other than the Department) who examines the body of any animal that is not bovine, ovine or caprine, or any part of it, in a laboratory and who reasonably suspects the presence of a TSE must immediately notify the Department, and retain the body and any parts of it until a veterinary inspector has authorised disposal.

• (4) Failure to comply with this paragraph is an offence.

Restriction of a notified animal

2

• (1) If notification of a suspected animal that is not bovine, ovine or caprine is given to the Department under paragraph 1, an inspector may serve a notice prohibiting the movement of that animal from the premises on which it was detained, pending determination by an inspector of whether or not it is suspected of being affected with a TSE.

• (2) Movements of animals restricted under this paragraph are only permitted in accordance with regulation 17.

Slaughter of a suspect animal

3

• (1) For the purposes of Article 12(1) and (2), if a veterinary inspector suspects that an animal that is not bovine, ovine or caprine is affected with a TSE, the veterinary inspector may—

• (a) kill it immediately on the premises on which it was kept;

• (b) serve a notice prohibiting the animal from being moved from the premises until it has been killed; or

• (c) serve a notice directing the occupier to consign it to other premises for killing and prohibit movement other than in accordance with that direction.

• (2) If the animal is killed on any premises in accordance with this paragraph, it is an offence to remove the body from the premises or dispose of it except in accordance with a written direction from an inspector.

Compensation for an animal that is not bovine, ovine or caprine slaughtered as a suspect animal

4

• (1) The Department may pay compensation where an animal that is not bovine, ovine or caprine is killed under paragraph 3.

• (2) The compensation is the market value of the animal at the time it is killed.

• (3) For the purposes of this regulation, the market value—

• (a) must be determined in accordance with the procedure in regulation 12;

• (b) must be the price that would reasonably be expected to have been obtained for the animal—

• (i) from a buyer in the open market;

• (ii) at the time of the valuation; and

• (iii) on the assumption that the animal was not affected by a TSE; and

• (c) represents the total amount of compensation payable for that animal.

SCHEDULE 6 — FEEDINGSTUFFS

Prohibition on feeding animal protein to ruminants

1

Prohibition on feeding animal protein to ruminants refer to Annex IV.

Prohibition on feeding animal protein to non-ruminants

2

Prohibition on feeding animal protein to non-ruminants refer to Annex IV.

Movement prohibitions and restrictions of animals

3

• (1) Where an inspector has reasonable grounds to believe that a TSE susceptible animal has been fed or has had access to any material prohibited by Annex IV, the inspector may take the action specified in sub-paragraph (2).

• (2) The inspector may—

• (a) serve a notice on the person who has it in their possession or under their charge in accordance with regulation 16 prohibiting or restricting the movement of the animal; and

• (b) if it is bovine seize any cattle passport relating to it.

Slaughter of an animal

4

• (1) Where an inspector has reasonable grounds to believe that a TSE susceptible animal has been fed or has had access to any material referred to in paragraph 3 and prohibited by Annex IV, the inspector may, in accordance with regulation 16, serve a notice on the person who has it in their possession or under their charge..

• (2) The notice may either—

• (a) require the person who has it in their possession or under their charge to have it killed and disposed of, as specified in the notice; or

• (b) require the person who has it in their possession or under their charge to keep it on such premises and in such manner as specified in the notice, in which case the inspector must ensure that any cattle passport is stamped with the words “Not for human consumption”.

• (3) The inspector must ensure that all the animals specified for killing in the notice in sub-paragraph (2)(a) are killed and disposed of.

Compensation

5

• (1) Where an animal is killed under paragraph 4, the Department may pay compensation if it considers it appropriate in all the circumstances and must give its decision, in writing, on whether or not to pay compensation.

• (2) The appeals procedure in regulation 11 applies in relation to any decision under sub-paragraph (1).

• (3) The compensation for—

• (a) a bovine animal is the value established in accordance with paragraph 10 of Schedule 3;

• (b) an ovine or caprine animal is the value established in accordance with paragraph 24 of Schedule 4; and

• (c) an animal that is not bovine, ovine or caprine is the market value of the animal at the time it is killed, established in accordance with the procedure in regulation 12.

Slaughter or sale for human consumption

6

It is an offence to consign for slaughter for human consumption or to slaughter for human consumption any TSE susceptible animal for which a notice served under paragraph 4 is in place.

SCHEDULE 7 — SPECIFIED RISK MATERIAL, MECHANICALLY SEPARATED MEAT AND SLAUGHTERING TECHNIQUES

Appointment of the Food Standards Agency as the competent authority

1

The Food Standards Agency must carry out the duties ... in point 11(1) and point 11(2) of Annex V in relation to this Schedule and may grant authorisations for the purposes of point 4(3)(a) of that Annex.

Training

2

The occupier of any slaughterhouse or cutting plant where specified risk material is removed must—

• (a) ensure that staff receive any training necessary to ensure that the occupier complies with their duties under this Schedule; and

• (b) keep records of each person's training for as long as that person works there,

failure to comply with paragraph (a) or (b) is an offence.

Mechanically separated meat

3

• (1) Any person who contravenes point 5 of Annex V (measures concerning mechanically separated meat) is guilty of an offence.

• (2) Any person who uses any mechanically separated meat produced in contravention of that point in the preparation of any food for sale for human consumption or of any feedingstuff is guilty of an offence.

Pithing

4

Any person who contravenes point 6 of Annex V (measures concerning laceration of tissue) is guilty of an offence.

Tongue harvesting

5

Any person who contravenes point 7 of Annex V (harvesting of tongues from bovine animals) is guilty of an offence.

Head meat harvesting

6

Any person who contravenes point 8(1) of Annex V (harvesting of bovine head meat) is guilty of an offence.

Removal of specified risk material

7

• (1) Any person who removes specified risk material at any premises or place other than premises or a place where that specified risk material may be removed under point 4(1) or point 4(3)(a) of Annex V is guilty of an offence.

• (2) In the case of a cutting plant, it is an offence to remove—

• (a) any part of the vertebral column that is specified risk material from any bovine animal unless the plant is authorised under paragraph 13(1)(a); or

• (b) the spinal cord from any ovine or caprine animal aged over 12 months at slaughter or which has a permanent incisor erupted through the gum, unless the plant is authorised for the purpose of such removal under paragraph 13(1)(b).

Bovine animals in a slaughterhouse

8

• (1) When a bovine animal is slaughtered in a slaughterhouse or the carcase of a bovine animal is transported to a slaughterhouse following emergency slaughter elsewhere, the occupier of the slaughterhouse must remove all specified risk material (other than those parts of the vertebral column that are specified risk material and specified risk material contained in or attached to offal) as soon as is reasonably practicable after slaughter and in any event before post-mortem inspection.

• (2) The occupier must—

• (a) as soon as reasonably practicable after post mortem inspection, consign any offal that has been removed from the carcase and that contains or is attached to specified risk material to an appropriate area of the slaughterhouse; and

• (b) as soon as reasonably practicable after the offal is consigned there and in any event before the offal is removed from the slaughterhouse, remove the specified risk material.

• (3) The occupier must as soon as is reasonably practicable after slaughter consign any meat containing those parts of the vertebral column that are specified risk material to—

• (a) a cutting plant authorised under paragraph 13(1)(a);

• (b) a cutting plant authorised under corresponding legislation elsewhere in the United Kingdom; or

• (c) a member State in accordance with point 10(2) of Annex V.

• (4) The occupier must identify meat containing vertebral column that is not specified risk material in accordance with point 11(3)(a) of Annex V and provide information in accordance with point 11(3)(b) of that Annex.

• (5) No person may include a blue stripe in the label referred to in Article 13 of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97 , except in accordance with point 11(3)(a) of Annex V.

• (6) Failure to comply with this paragraph is an offence.

Ovine and caprine animals in a slaughterhouse

9

• (1) When an ovine or caprine animal is slaughtered in a slaughterhouse or the carcase of an ovine or caprine animal is transported to a slaughterhouse following emergency slaughter elsewhere, the occupier of the slaughterhouse must remove all specified risk material (other than the spinal cord and specified risk material contained in or attached to offal) as soon as is reasonably practicable after slaughter and in any event before post-mortem inspection.

• (2) The occupier must—

• (a) as soon as reasonably practicable after post mortem inspection, consign any offal that has been removed from the carcase and that contains or is attached to specified risk material to an appropriate area of the slaughterhouse; and

• (b) as soon as reasonably practicable after the offal is consigned there and in any event before the offal is removed from the slaughterhouse, remove the specified risk material.

• (3) In the case of an ovine or caprine animal aged over 12 months at slaughter, or that has a permanent incisor erupted through the gum, the occupier must as soon as is reasonably practicable after slaughter—

• (a) remove the spinal cord at the slaughterhouse before the post-mortem inspection; or

• (b) send the carcase to—

• (i) a cutting plant authorised under paragraph 13(1)(b);

• (ii) a cutting plant authorised under corresponding legislation elsewhere in the United Kingdom; or

• (iii) in accordance with point 10(1) of Annex V, a cutting plant located in a member State.

• (4) In sub-paragraph (3)(b)(iii), “cutting plant” means an establishment—

• (a) approved or conditionally approved as such under Article 31(2) of Regulation 882/2004; or

• (b) operating as such under Article 4(5) of Regulation 853/2004 pending such approval.

• (5) Failure to comply with this paragraph is an offence.

Bovine, ovine and caprine animals, in other places of slaughter

10

• (1) When a bovine, ovine or caprine animal is slaughtered in a place that, for the purposes of point 4(1)(a) of Annex V, is another place of slaughter, the person carrying out the slaughter must remove all specified risk material, as soon as is reasonably practicable after slaughter.

• (2) Failure to comply with this paragraph is an offence.

Young lamb and goat stamps

11

• (1) A young lamb stamp or a young goat stamp may be applied to an ovine or caprine carcase in a slaughterhouse if the animal does not have a permanent incisor erupted through the gum and any documentation relating to the animal does not indicate that it is aged over 12 months at slaughter.

• (2) A young lamb or young goat stamp may be applied by;

• (a) an inspector; or

• (b) an occupier of a slaughterhouse or a representative authorised by that occupier.

• (3) The young lamb or goat stamp must mark the meat with a circular mark 5 centimetres in diameter with the following in capital letters 1 centimetre high—

• (a) “VS”; and

• (b) in the case of—

• (i) an ovine animal, “YL”; or

• (ii) a caprine animal, “YG”.

• (4) A person must not apply a mark resembling the young lamb or goat stamp.

• (5) Subject to sub-paragraph (2) a person must not possess the equipment for applying a young lamb or goat stamp.

• (6) A person who contravenes this paragraph is guilty of an offence.

Removal of spinal cord from ovine and caprine animals

12

• (1) It is an offence to remove the spinal cord or any part of it from an ovine or caprine animal aged over 12 months at slaughter or that had one or more permanent incisors erupted through the gum (other than for the purposes of veterinary or scientific examination) except by—

• (a) longitudinally splitting the whole vertebral column; or

• (b) removing a longitudinal section of the whole vertebral column including the spinal cord; or

• (c) an alternative method approved in accordance with sub paragraph (2)

• (2) The Food Standards Agency may approve an alternative method of removal at a specified premises provided that the occupier of that premises demonstrates to the satisfaction of the Agency that—

• (a) the method is appropriate to achieve the objectives;

• (b) the equipment used to carry out the removal is fully effective; and

• (c) the persons using the equipment are properly trained and skilled in its use and maintenance.

Authorisation of cutting plants by the Food Standards Agency

13

• (1) If the Food Standards Agency is satisfied that the provision of Annex V and this Schedule will be complied with, the Agency may authorise a cutting plant to—

• (a) remove those parts of the vertebral column of bovine animals that are specified risk material; or

• (b) remove the spinal cord from ovine or caprine animals aged over 12 months at slaughter or which have a permanent incisor erupted through the gum; or

• (c) harvest the head meat from bovine animals in accordance with point 9 of Annex V.

• (2) Regulations 7, 9, 10 and 11 apply, but all references to the Department must be construed as references to the Food Standards Agency.

Removal of specified risk material at a cutting plant authorised under paragraph 13(1)

14

The occupier of a cutting plant authorised under paragraph 13(1) commits an offence if that occupier fails to, as soon as is reasonably practicable after arrival of meat at the plant, and in any event before the meat is removed from the plant, remove from the meat all specified risk material of a kind to which the authorisation relates.

Meat from a member State

15

For the purposes of point 10(1) and point 10(2) of Annex V, where carcases containing those parts of the vertebral column of a bovine animal that are specified risk material is brought into Northern Ireland from a member State, the importer must send it directly to a cutting plant authorised under paragraph 13(1)(a), and failure to do so is an offence.

Staining and disposal of specified risk material

16

• (1) The occupier of any premises where specified risk material is removed commits an offence if that occupier fails to comply with point 3 of Annex V (marking and disposal).

• (2) For the purposes of that point—

• (a) staining involves treating the material (whether by immersion, spraying or other application) with a blue colouring agent using a solution of such strength that the staining is clearly visible and remains visible after the specified risk material has been chilled or frozen; and

• (b) the stain must be applied in such a way that the colouring is and remains clearly visible—

• (i) over the whole of the cut surface and the majority of the head in the case of the head of an ovine or caprine animal and

• (ii) in the case of all other specified risk material, over the whole surface of the material.

Security of specified risk material

17

• (1) Pending consignment or disposal from the premises or place where it was removed, the occupier of the premises must ensure that specified risk material is adequately separated from any food, feedingstuff or cosmetic, pharmaceutical or medical product and held in an impervious covered container that is labelled as either—

• (a) containing specified risk material; or

• (b) Category 1 animal by-products and including the words “For disposal only”.

• (2) The occupier of the premises or place must ensure that the container is thoroughly washed as soon as is reasonably practicable each time that it is emptied, and disinfected before use for any other purpose.

• (3) Failure to comply with this paragraph is an offence.

Prohibition on the sale, supply or possession for sale or supply of specified risk material for human consumption

18

It is an offence to sell, supply or possess for sale or supply—

• (a) any specified risk material, or any food containing specified risk material, for human consumption; or

• (b) any specified risk material for use in the preparation of any food for human consumption.

SCHEDULE 8 — RESTRICTIONS ON PLACING ON THE MARKET AND EXPORT

Placing on the market or export to third countries of bovine products

1

• (1) It is an offence for any person to place on the market or to export (or offer to export) to third countries, any products consisting of or incorporating any material (other than milk) derived from a bovine animal born or reared within the United Kingdom before 1st August 1996.

• (2) The prohibition in sub-paragraph (1) does not apply to the hides of bovine animals born or reared within the United Kingdom before 1st August 1996 (including hides from bovine animals referred to in the third indent of point 1(a) of Chapter B of Annex VII) that have been used for leather production in accordance with Article 1(3) of Commission Decision 2007/411/EC.

• (3) For the purposes of this paragraph, a bovine animal is deemed to have been born or reared in the United Kingdom before 1st August 1996 unless records held by the Department or any cattle passport in relation to that animal show either that—

• (a) it was born in the United Kingdom on or after 1st August 1996; or

• (b) it first entered the United Kingdom on or after 1st August 1996.

Placing on the market or export to third countries of bovine animals

2

• (1) It is an offence for any person to place on the market or to export (or offer to export) to third countries in accordance with Section B of Chapter A of Annex VIII bovine animals born or reared in the United Kingdom before 1st August 1996.

• (2) The prohibition in sub-paragraph (1) does not apply to the placing on the market of such animals within the United Kingdom.

• (3) For the purposes of this paragraph, a bovine animal is deemed to have been born or reared in the United Kingdom before 1st August 1996 unless records held by the Department or any cattle passport in relation to that animal show either that—

• (a) it was born in the United Kingdom on or after 1st August 1996; or

• (b) it first entered the United Kingdom on or after 1st August 1996.

Export to a member State of heads and un-split carcases

3

Subject to point 10(2) of Annex V, it is an offence for any person to export (or offer to export) any head or un-split carcase containing specified risk material to a member State in the absence of an agreement of the kind specified in point 10(1) of that Annex.

Export to third countries of products containing specified risk material

4

In accordance with point 10(3) of Annex V, it is an offence for any person to export (or offer to export) heads or fresh meat of bovine, ovine or caprine animals containing specified risk material to third countries.

Further offences relating to placing on the market and export

5

In addition to the offences specified in paragraphs 1 to 4, the following provisions of these Regulations specify offences relating to placing on the market and export—

• (a) paragraph 7 of Schedule 3;

• (b) paragraph 7 of Schedule 4; and

• (c) paragraph 22 of Schedule 4.

Signed

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 13th December 2018.

Jackie Robinson — A senior officer of the — Department of Agriculture, Environment and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

Footnotes

Editorial notes