The Bovines and Bovine Products (Trade) Regulations 1999

• (6) If it appears to a justice of the peace, on the basis of such evidence as he considers to be appropriate in the circumstances, that a consignment is illegal, he shall, unless he is satisfied that there is no relevant risk in respect of the consignment (or any part of it) if it is returned to the owner, order–

• (a) the consignment to be destroyed or otherwise disposed of so as to prevent it from being despatched to a member State or a third country; and

• (b) any expenses reasonably incurred in connection with such destruction or disposal and (where the consignment was seized pursuant to paragraph (2)(c) above) in connection with storage prior to destruction, to be defrayed by the owner of the consignment.

• (7) Where the justice of the peace is satisfied that there is no relevant risk in respect of the consignment if it is returned to the owner, he shall order the consignment to be returned to the owner.

• (8) For the purposes of paragraphs (6) and (7) above, the “relevant risk” in respect of a consignment is the risk that–

• (a) in the case of a consignment of any goods of a kind described in–

• (i) regulation 3(1), 4(1), 6(4) or (7) above, the owner will despatch some or all of those goods to a member State or a third country;

• (ii) regulation 6(1) above, the owner will produce goods in contravention of that provision;

• (iii) regulation 6(9) above, the owner will contravene regulation 6(8) above in relation to any of them;

• (b) in the case of a consignment of foreign origin export eligible goods, DBES goods or ECHS goods or foreign origin bovine by-products, the owner will despatch some or all of those goods to a member State or a third country;

• (c) in the case of a consignment of controlled bovine by-products, the owner will use some or all of those by-products in any product liable to enter the human food chain or animal feed chain or in any cosmetics or medical or pharmaceutical product; or

• (d) in the case of vertebral column of a bovine animal, the owner will consign some or all of that material in contravention of regulation 6(3) above.

• (9) A consignment is “illegal” for the purposes of this regulation if–

• (a) it is falsely described on its packaging, wrapping, label or any container in which it is placed, or in any certificate or commercial documentation accompanying it;

• (b) in the case of a consignment of any goods of a kind described in–

• (i) regulation 3(1), 4(1), 6(4) or (7) above, they are being brought or consigned in contravention of regulation 3(1), 4(1), 6(4) or (6) above respectively, as the case may be;

• (ii) regulation 6(1) above, they have been produced in contravention of that provision;

• (iii) regulation 6(9) above, there has been a contravention of regulation 6(8) above in relation to any of them;

• (c) in the case of a consignment of DBES goods, or a consignment of ECHS goods which have undergone a stage of preparation in Great Britain, the goods–

• (i) have been prepared in contravention of any provision of these Regulations relating to the goods; or

• (ii) are being or have been brought, despatched or consigned in contravention of regulation 4(2) above (in the case of ECHS goods) or regulation 4(4) above (in the case of DBES goods);

• (d) in the case of a consignment of ECHS goods which have not undergone a stage of preparation in Great Britain–

• (i) they have been prepared in contravention of any provision of the Northern Ireland Regulations relating to the goods; or

• (ii) they are being or have been brought, despatched or consigned in contravention of any provision of the Northern Ireland Regulations relating to the goods;

• (e) in the case of a consignment of foreign origin export eligible goods–

• (i) it contains goods prepared in contravention of any provision of these Regulations relating to the goods; or

• (ii) it contains goods which are being or have been brought, despatched or consigned in contravention of regulation 5(1) or 6(5) above;

• (f) in the case of a consignment of controlled bovine by-products, it contains goods produced in contravention of regulation 7 above;

• (g) in the case of a consignment of foreign origin bovine by-products–

• (i) it contains by-products prepared in contravention of any provision of these Regulations relating to such by-products; or

• (ii) it contains by-products which are being or have been brought, despatched or consigned in contravention of regulation 5(2) above; or

• (h) in the case of a consignment of vertebral column of a bovine animal, the goods are not in an impervious container clearly labelled in accordance with regulation 6(3) above.

• (10) In the application of this regulation to Scotland–

• (a) any reference to a justice of the peace includes a reference to the sheriff and to a magistrate;

• (b) paragraph (5)(b) above shall not apply; and

• (c) any order made under paragraph (6) above shall be sufficient evidence in any proceedings in relation to these Regulations of the fact that the consignment in question was falsely described.

Sampling and other checks and examinations

18

• (1) An inspector shall have power to carry out all checks and examinations necessary for the enforcement of these Regulations.

• (2) An inspector may–

• (a) take samples (and, if necessary, send the samples for laboratory testing) from any goods, product, by-product or material;

• (b) examine any record (including any record held in electronic form) which he believes to be relevant to any checks and examinations under these Regulations;

• (c) seize, detain and require the production of any such record which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations;

• (d) take with him such other person as he considers necessary to carry out any checks and examinations under these Regulations;

• (e) require any person who is or appears to be in control of any goods of a kind described in regulation 3(1) or 4(1) above, or any foreign origin export eligible goods, DBES goods or ECHS goods, controlled bovine by-products, foreign origin bovine by-products, or any goods, products, by-products or material of a kind described in regulation 6 above, to arrange, at his own expense, for those goods, products, by-products or material to be removed from any store, vehicle, vessel, container, packing or wrapping;

• (f) inspect any process or operation carried out under these Regulations and anything used for the marking and identification of products and materials; and

• (g) take with him a representative of the Commission acting for the purposes of the Commission.

Powers of customs officers to detain vehicles and vessels

19

• (1) An officer may, for the purpose of facilitating the exercise by any inspector of the powers conferred on the inspector by these Regulations, detain any vehicle or vessel for such period as may reasonably be necessary for that purpose.

• (2) Any vehicle or vessel detained by an officer under this regulation shall be dealt with during the period of its detention in such manner as the officer may direct.

Suspension notices and orders

20

• (1) If an inspector is satisfied that the despatch risk is fulfilled with respect to a consignment on business premises of any goods, products, by-products or material of a kind described in regulation 3(1), 4(1) or 6 above, any controlled bovine by-products or foreign origin bovine by-products, or any foreign origin export eligible goods, DBES goods or ECHS goods, he may, by a notice served on the proprietor of the business (a “suspension notice”), impose a suspension of the use of the premises for–

• (a) the despatch of those goods, products, by-products or material for any purpose in relation to the despatch risk; and

• (b) the receipt or despatch for any such purpose of any other goods, products, by-products or material of a similar kind.

• (2) If a magistrates' court or, in Scotland, the sheriff is satisfied, on the application of an inspector, that the despatch risk is fulfilled with respect to a consignment on business premises of any such goods, products, by-products or material of a kind referred to in paragraph (1) above, the court or sheriff shall, by an order (a “suspension order”), impose a suspension of the use of the premises for–

• (a) the despatch of those goods, products, by-products or material; and

• (b) the receipt or despatch of any other goods, products, by-products or material of a similar kind.

• (3) An inspector shall not apply for a suspension order unless, at least one day before the date of the application, he has served notice on the proprietor of the business of his intention to apply for the order.

• (4) As soon as practicable after the service of a suspension notice, an inspector shall affix a copy of the notice in a conspicuous position on such premises used for the purpose of the business as the inspector considers appropriate.

• (5) As soon as reasonably practicable after the making of a suspension order, an inspector shall–

• (a) serve a copy of the order on the proprietor of the business; and

• (b) affix a copy of the order in a conspicuous position on such premises used for the purpose of that business as the inspector considers appropriate.

• (6) A suspension notice shall cease to have effect–

• (a) if no application for a suspension order is made within the period of three days beginning with the service of the notice, at the end of that period; and

• (b) if such an application is so made, on the determination or abandonment of the application.

• (7) A suspension notice or suspension order shall cease to have effect on the issue by the Minister of a certificate to the effect that he is satisfied that the proprietor has taken sufficient measures to secure that the despatch risk is no longer fulfilled with respect to the use of the premises for the receipt and despatch of goods, products, by-products or material.

• (8) The Minister shall issue a certificate under paragraph (7) above within three days of his being satisfied as mentioned in that paragraph; and on an application by a proprietor for such a certificate, the Minister shall–

• (a) determine, as soon as is reasonably practicable and in any event within the period of 14 days beginning on the day on which the proprietor makes that application, whether or not he is so satisfied; and

• (b) if he determines that he is not so satisfied, give notice to the proprietor of the business of the reasons for that determination.

• (9) Where a suspension notice is served on the proprietor of a business, the Minister shall compensate him in respect of any loss suffered by reason of his complying with the notice unless–

• (a) an application for a suspension order is made within the period of three days beginning with the service of the notice; and

• (b) the court declares itself satisfied, on the hearing of the application, that the despatch risk was fulfilled with respect to the business at the time when the notice was served;

and any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.

• (10) For the purposes of this regulation, the “despatch risk” in respect of a consignment of goods, products, by-products or material is the risk that some or all of those goods, products, by-products or material will be despatched to a member State or a third country.

Obstruction

21

• (1) No person shall–

• (a) intentionally obstruct any person acting in the execution of these Regulations;

• (b) without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purpose of carrying out his functions under these Regulations; or

• (c) furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.

• (2) Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

Offences and penalties

22

• (1) No person shall slaughter a bovine animal, for the purpose of deriving from the animal any DBES goods, otherwise than in an establishment approved for the slaughter of DBES eligible animals under regulation 10 above.

• (2) No person shall slaughter a bovine animal, for the purpose of deriving from the animal any DBES goods, unless the animal is a DBES eligible animal at the time of slaughter.

• (3) A person contravening or failing to comply with paragraph (1) or (2) above, or with any other provision of these Regulations, shall be guilty of an offence and shall be liable–

• (a) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both;

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

• (4) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of–

• (a) any director, manager, secretary or other similar person of the body corporate, or

• (b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

• (5) For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

• (6) Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Offences due to fault of another person and defence of due diligence

23

• (1) Where the commission by any person of an offence under any of the provisions of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph of this regulation whether or not proceedings are taken against the first-mentioned person.

• (2) In any proceedings for an offence under any of the provisions of these Regulations, it shall, subject to paragraph (3) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.

• (3) If in any case the defence provided by paragraph (2) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless–

• (a) at least seven clear days before the hearing; and

• (b) where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,

he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

• (4) In paragraph (3) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.

Enforcement

24

• (1) Except as provided in paragraph (2) below, these Regulations shall be enforced and executed by the Minister and the local authority.

• (2) The Minister may direct, in relation to cases of a particular description or any particular case, that the duty imposed on a local authority under this regulation shall be discharged by the Minister and not by the local authority.

Service of notices and other documents

25

• (1) Any notice or other document to be given or served on any person under these Regulations may be given or served either–

• (a) by delivering it to that person;

• (b) in the case of an incorporated body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it by post to him at that office; or

• (c) in the case of any other person, by leaving it, or sending it by post to him, at his usual or last known address.

• (2) Where a notice or other document is to be given or served on the owner, proprietor, operator or occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person to or on whom it should be given or served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of “owner”, “proprietor”, “operator” or “occupier” of the premises (naming them) and–

• (a) by delivering it to some person on the premises; or

• (b) if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

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

26

• (1) The Bovines and Bovine Products (Trade) Regulations 1998 are hereby revoked.

• (2) Any registration or approval of premises under the Bovines and Bovine Products (Trade) Regulations 1998 which is in force immediately before the commencement of these Regulations shall have effect from the commencement of these Regulations as if granted under these Regulations.

• (3) Any appointment of an inspector or veterinary inspector under the Bovines and Bovine Products (Trade) Regulations 1998 which is in force immediately before the commencement of these Regulations shall have effect from the commencement of these Regulations as if made under these Regulations.

SCHEDULE 1 — Required methods of operation for DBES slaughterhouses

1

All bovine animals slaughtered in the establishment must have been confirmed by official checks before slaughter as being DBES eligible animals.

2

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

3

There must be a system for recording all DBES eligible 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 Products (Trade) Regulations 1999 and maintained and applied under the control of an inspector.

6

DBES goods consisting of fresh meat 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 other meat derived from a bovine animal; and

• (b) sealed with an official seal.

7

All coldstore 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 below, 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, prescapular, 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 Great Britain 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 in accordance with the Bovines and Bovine Products (Trade) Regulations 1999 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) Regulations 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) Regulations 1999 when they are despatched from the establishment–

• (a) for the purpose of being despatched from Great Britain to a member State or a third country;

• (b) to any other establishment approved under the Bovines and Bovine Products (Trade) Regulations 1999 for the purpose of despatch of the goods from that establishment, or subsequently from any other such establishment, from Great Britain to a 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 Great Britain to a 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 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 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 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 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 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

The additional mark for application to meat using a marking instrument shall consist of an elongated hexagonal mark, with two parallel straight sides of 4.5 cm length, 4.5 cm apart and joined by two shorter sides of equal length to form a point at each end, so that the mark is 8.5 cm long from point to point; bearing on the upper part the initials XAP and in the lower part the approval number of the establishment at which the mark is applied, e.g. 31/1, the letters and figures being at least 1.0 centimetre high and, together with the hexagonal mark, legible and indelible.

2

• (1) The additional mark to be borne on labels to be applied to packaging, other than the additional marks described in paragraphs 3 and 4 below, shall consist of a mark in the form described in paragraph 1 of this Schedule together with the following statement “the contents of this package/box were produced in accordance with Council Decision 98/256/EC”; and each such label shall have a unique sequential serial number.

• (2) Labels bearing the additional mark must be applied in such a way that they are destroyed when the package is opened or the packaging must be constructed so that it may not be re-used once opened.

3

• (1) The additional mark to be borne on labels to be applied to the wrapper of an individually wrapped product, or the packaging of an individually wrapped and packaged product, intended for supply direct to the final consumer shall, subject to the following provisions of this paragraph, consist of a mark in the form described in paragraph 1 of this Schedule; and each such label shall have a unique sequential serial number.

• (2) The dimensional requirements relating to size described in paragraph 1 above shall not apply and the statement “the contents of this package/box were produced in accordance with Council Decision 98/256/EC” is not required.

• (3) Labels bearing the additional mark must be applied in such a way that it is destroyed when the package is opened or the packaging must be constructed so that it may not be re-used once opened.

4

• (1) The additional mark to be applied by pre-printing, ink stamping or branding to the wrapper of an individually wrapped product, or the packaging of an individually wrapped and packaged product, intended for supply direct to the final consumer, shall, subject to the following provision of this paragraph, consist of a mark in the form described in paragraph 1 of this Schedule.

• (2) The dimensional requirements relating to size described in paragraph 1 of this Schedule shall not apply, the statement “the contents of this package/box were produced in accordance with Council Decision 98/256/EC” and the sequential serial numbering referred to in paragraphs 2(1) and 3(1) of this Schedule are not required; but the mark must be applied in such a way that it is destroyed when the wrapper or package is opened or the wrapper or packaging must be constructed so that it may not be re-used once opened.

SCHEDULE 5 — Additional Mark for DBES goods, ECHS goods prepared in Great Britain, goods containing any DBES goods or ECHS goods (whether or not prepared in Great Britain), 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

• (1) The additional mark for application to meat using a marking instrument shall consist of an elongated hexagonal mark, with two parallel straight sides of 4.5 cm length, 4.5 cm apart and joined by two shorter sides of equal length to form a point at each end, so that the mark is 8.5 cm long from point to point; bearing on the upper part the initials XEL and in the lower part the approval number of the establishment at which the mark is applied, e.g. 31/1, the letters and figures being at least 1.0 centimetre high and, together with the hexagonal mark, legible and indelible. An example follows:

• (2) The additional mark to be applied to carcases shall consist of a mark in the form described in paragraph 1(1) of this Schedule applied by means of ink or hot brand to each half of the carcase on the external surface of the thigh and the shoulder.

2

• (1) The additional mark to be borne on labels to be applied to packaging, other than the additional marks described in paragraphs 3 and 4 below, shall consist of a mark in the form described in paragraph 1(1) of this Schedule together with the following statement “the contents of this package/box were produced in accordance with Council Decision 98/256/EC”; and each such label shall have a unique sequential serial number.

• (2) Labels bearing the additional mark must be applied in such a way that they are destroyed when the package is opened or the packaging must be constructed so that it may not be re-used once opened.

3

• (1) The additional mark to be borne on labels to be applied to the wrapper of an individually wrapped product, or the packaging of an individually wrapped and packaged product, intended for supply direct to the final consumer shall, subject to the following provisions of this paragraph, consist of a mark in the form described in paragraph 1 of this Schedule; and each such label shall have a unique sequential serial number.

• (2) The dimensional requirements relating to size described in paragraph 1(1) above shall not apply and the statement “the contents of this package/box were produced in accordance with Council Decision 98/256/EC” is not required.

• (3) Labels bearing the additional mark must be applied in such a way that it is destroyed when the package is opened or the packaging must be constructed so that it may not be re-used once opened.

4

• (1) The additional mark to be applied by pre-printing, ink stamping or branding to the wrapper of an individually wrapped product, or the packaging of an individually wrapped and packaged product, intended for supply direct to the final consumer, shall, subject to the following provision of this paragraph, consist of a mark in the form described in paragraph 1 of this Schedule.

• (2) The dimensional requirements relating to size described in paragraph 1(1) of this Schedule shall not apply, the statement “the contents of this package/box were produced in accordance with Council Decision 98/256/EC” and the sequential serial numbering referred to in paragraphs 2(1) and 3(1) of this Schedule are not required; but the mark must be applied in such a way that it is destroyed when the wrapper or package is opened or the wrapper or packaging must be constructed so that it may not be re-used once opened.

SCHEDULE 6 — Official seal

1

An official seal for purposes of official control under these Regulations shall–

• (a) be manufactured from a material which ensures that means of transport and cold store chambers can be locked and sealed so that products cannot be added or removed without breaking the seal;

• (b) be tamperproof; and

• (c) bear the capital letters–

• (i) XAP (in respect of an official seal for an establishment other than an export dedicated establishment); or

• (ii) XAPD (in respect of an official seal for an export dedicated establishment)

followed by the approval number of the establishment at which or in relation to which the seal will be applied, followed by a unique serial number.

2

The letters and numbers required by paragraph 1(c) above shall be embossed on an official seal, or indelibly applied to it, at the time when the seal is manufactured.

Signed

Jeff Rooker — Minister of State, Ministry of Agriculture, Fisheries and Food — 1st April 1999

Sam Galbraith — Parliamentary Under-Secretary of State, Scottish Office — 8th April 1999

Explanatory note

(This note is not part of the Regulations)

These Regulations replace the Bovines and Bovine Products (Trade) Regulations 1998 (S.I. 1998 No. 1135). They give effect in Great Britain to Commission Decisions 98/692/EC (OJ No. L328, 4.12.98, p. 28) and 98/564/EC (OJ No. L273, 9.10.98, p. 37) which amended Council Decision 98/256/EC (OJ No. L113, 15.4.98, p. 32) concerning emergency measures to protect against bovine spongiform encephalopathy in relation to the despatch to third countries and member States of bovine animals and embryos and meat and other products and by-products derived from bovine animals.

Together with equivalent Regulations in Northern Ireland, the Regulations make new provision for derogations from the despatch abroad prohibitions contained in the Council Decision in respect of the United Kingdom meat and products eligible for the Date Based Export Scheme (DBES). The Regulations also continue with the equivalent Northern Ireland Regulations to make provision for the preparation and despatch abroad of meat and products eligible for the Export Certified Herds Scheme (ECHS) and the despatch abroad of meat, products and by-products produced in Great Britain from imported beef. The Regulations continue the existing controls on products and by-products produced from UK-slaughtered bovine animals.

Regulation 2 contains definitions and these include a definition of “additional mark” which has to be applied to goods for despatch abroad. Regulation 3 makes provision in relation to trade in live bovine animals, bovine embryos, mammalian meat and bone meal and related products. Regulation 4 makes provision in relation to trade in meat, products, by-products and materials derived from bovine animals slaughtered in the United Kingdom. Regulation 5 makes provision in relation to trade in meat, products, by-products and materials derived from bovine animals not slaughtered in the United Kingdom.

Regulation 6 makes provision in relation to the production of gelatin and collagen, the consignment of material containing bovine vertebral column to establishments registered under regulation 7, the despatch abroad and consignment and movement for that purpose of imported fresh meat, the consignment of export eligible goods in officially sealed vehicles and the consignment and movement of the imported products and by-products referred to in articles 5 and 8(e) of the Council Decision. Regulation 6(10) prohibits the placing on the market in Great Britain of fresh meat, minced meat, meat preparations, meat products or other products of animal origin which bear, or are labelled or packaged with, an additional mark.

Regulation 7 makes provision for the registration of establishments for the production of controlled bovine by-products and regulation 8 imposes requirements on the operators of these establishments. Regulation 9 makes provision in relation to the use of controlled bovine by-products and other products in the production of products liable to enter the human food or animal feed chains or destined for use in cosmetics, medical or pharmaceutical products.

Regulation 10 provides for the approval of establishments for the slaughter of DBES eligible animals and regulation 11 imposes requirements on the operators of establishments approved under regulation 10. Regulation 12 makes provision for the approval of establishments used for the production of foreign origin export eligible goods, DBES goods and ECHS goods and foreign origin bovine by-products. Regulation 13 imposes requirements on the operators of establishments approved under regulation 12.

Regulation 14 makes provision for the Minister to charge reasonable fees in respect of costs reasonably incurred by him or on his behalf in connection with the issue of certificates, the application of the additional mark and official seals, the registration and approval of establishments, the inspection or supervision of establishments registered or approved under the Regulations and the carrying out of official checks in relation to the eligibility of bovine animals for the purposes of the DBES.

Regulation 15 makes provision in relation to powers of search and powers of stop and search. Regulation 16 provides powers of entry to premises. Regulation 17 provides power to seize goods. It also makes provision for the destruction of a consignment of goods where there is a risk of them being dealt with illegally. Regulation 18 provides for sampling and other checks and examinations. Regulation 19 confers power on customs officers to detain vehicles and vessels. Regulation 20 makes provision for suspension notices and orders, suspending the use of business premises for the receipt or despatch of the goods and by-products referred to in regulation 20(1).

Regulation 21 provides offences of obstruction. Regulation 22 provides for offences and penalties. Regulation 23 makes provision for offences due to the fault of another person and the defence of due diligence. Regulation 24 provides that the Regulations are enforced by the Minister and local authorities, as defined in regulation 2(1), and regulation 25 makes provision for the service of notices and other documents. Regulation 26 revokes the Bovines and Bovine Products (Trade) Regulations 1998 and makes savings provisions.

Schedule 1 sets out the required methods of operation for DBES slaughterhouses. Schedule 2 sets out the required methods of operation for the preparation of export eligible goods in export dedicated establishments. Schedule 3 sets out the required methods of operation for the preparation of foreign origin export eligible goods in establishments which are not export dedicated establishments. Schedule 4 makes provision for the additional mark for foreign origin export eligible goods and Schedule 5 makes provision for the additional mark for DBES goods, ECHS goods prepared in Great Britain, goods containing any DBES goods or ECHS goods (whether or not prepared in Great Britain), 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. Schedule 6 makes provision for official seals.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the International Trade Unit of the Animal Health (BSE) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.

Footnotes