The Transmissible Spongiform Encephalopathies (England) Regulations 2018

Type Statutory-Instrument
Publication 2018-06-13
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
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When a bovine, ovine or caprine animal is slaughtered in a place authorised by the Agency other than in a slaughterhouse, the person carrying out the slaughter must as soon as is reasonably practicable remove all specified risk material.

Young ovine and caprine stamps

6

  • (1) An inspector may stamp an ovine or caprine animal or carcase in a slaughterhouse with, respectively a young lamb stamp or a young goat stamp—
  • (a) if the animal does not have a permanent incisor erupted through the gum, and
  • (b) any documentation relating to the animal does not indicate that it is aged over 12 months at slaughter.
  • (2) The stamp must mark the meat with a circular mark 5 centimetres in diameter containing the following in capital letters 1 centimetre high—
  • (a) “MHS”, and
  • (b) in the case of—
  • (i) an ovine animal , “YL”;
  • (ii) a caprine animal, “YG”.
  • (3) No person other than an inspector appointed under regulation 13(2) may apply the stamp or a mark resembling the stamp, or possess the equipment for applying it.

Removal of spinal cord from ovine and caprine animals

7

  • (1) Other than for the purposes of veterinary or scientific examination, removal of the spinal cord, or any part of it, from an ovine or caprine animal—
  • (a) aged over 12 months at slaughter, or
  • (b) that has one or more permanent incisors erupted through the gum,

must take place in accordance with sub-paragraph (2).

  • (2) Acceptable methods of removal are—
  • (a) longitudinally splitting the whole vertebral column;
  • (b) removing a longitudinal section of the whole vertebral column including the spinal cord;
  • (c) an alternative method approved in accordance with sub-paragraph (3).
  • (3) The Agency may approve an alternative method of removal at a specified holding provided that the occupier demonstrates to the satisfaction of the Agency that—
  • (a) the method is appropriate to achieve the objectives of the EU TSE Regulation,
  • (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 Agency

8

  • (1) If the Agency is satisfied that the provisions of Annex 5 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;
  • (b) remove the spinal cord from ovine or caprine animals—
  • (i) aged over 12 months at slaughter, or
  • (ii) that have a permanent incisor erupted through the gum;
  • (c) harvest the head meat from bovine animals in accordance with point 9 of Annex 5.
  • (2) Regulations 7, 9, 10 and 11 apply to any such authorisation, and all references to the Secretary of State in those regulations are to be read as references to the Agency.

Removal of specified risk material at a cutting plant authorised under paragraph 8(1)

9

The occupier of a cutting plant authorised under paragraph 8(1) must 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.

Carcases from an EU member State

10

Where a carcase containing those parts of the vertebral column of a bovine animal that are specified risk material is brought into England from an EU member State, the importer must send it directly to a cutting plant authorised under paragraph 8(1)(a).

Staining and disposal of specified risk material

11

  • (1) For the purposes of point 3 of Annex 5—
  • (a) indelible staining must involve treating the material (whether by immersion, spraying or other application) with a blue colouring agent using a solution of such a 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

12

  • (1) Pending consignment or disposal from the holding where it was removed, the occupier of the holding must ensure that specified risk material is adequately separated from any food, feedingstuffs, 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 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.

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

13

A person must not 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

1

A person must not place on the market or export (or offer to export) ... any product 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 paragraph 1 does not apply to the hides of bovine animals born or reared within the United Kingdom before 1st August 1996 that have been used for leather production in accordance with Article 1(3) of Commission Decision 2007/411/EC.

3

A person must not place on the market or export (or offer to export) ... bovine animals born or reared in the United Kingdom before 1st August 1996.

4

A bovine animal is deemed to have been born or reared in the United Kingdom before 1st August 1996 unless its cattle passport shows that either—

  • (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.

SCHEDULE 9 — Revocations

Instruments revoked References
The Transmissible Spongiform Encephalopathies (No 2) (Amendment) Regulations 2008 S.I. 2008/1180
The Transmissible Spongiform Encephalopathies (England) Regulations 2010 S.I. 2010/801
The Animal By-Products (Enforcement) and Transmissible Spongiform Encephalopathies (England) (Amendment) Regulations 2011 S.I. 2011/2681
The Transmissible Spongiform Encephalopathies (England) (Amendment) Regulations 2013 S.I. 2013/336

Signed

Gardiner of Kimble — Parliamentary Under Secretary of State — 2018-06-13

Explanatory note

(This note is not part of the Regulations)

Footnotes

3

OJ No L 31, 1.2.2002, p 1, as last amended by Regulation (EU) No 652/2014 (OJ No L189, 27.6.2014, p. 1).

4

S.I. 2007/529, amended by S.I. 2013/517; there are other amending instruments but none is relevant.

5

OJ No L 155, 15.6.2007, p 74.

6

OJ No L 139, 30.04.2004, p 55, as last amended by Commission Regulation (EU) No 633/2014 (OJ No L 175, 14.6.2014, p 6).

7

Established by the Food Standards Act 1999 c. 28.

8

OJ No L 165, 30.4.2004, p 1, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJNo. L 189, 27.6.2014, p 1).

9

OJ No L 147, 31.5.2001, p 1, as last amended by Commission Regulation (EU) No 2017/1972 (OJ No L 281, 31.10.20176, p 14).

10

OJ No L 172, 30.6.2007, p 84 as last amended by Commission Implementing Decision 2017/1396/EU (OJ No L 197, 28.7.2017, p 9).

11

OJ No L 256, 29.9.2009, p 35, as last amended by Commission Implementing Decision 2016/851/EU (OJ No L141, 28.5.2016, p 131).

12

OJ No L 157, 30.4.2004, p 33. The revised text of Directive 2004/41/EC is set out in a Corrigendum (OJ No L 195, 2.6.2004, p 12).

13

OJ No L 271, 15.10.2005, p 17, as last amended by Commission Implementing Regulation (EU) No 1223/2011 (OJ L. 314, 29.11.2011, p. 12).

14

OJ No L 338, 22.12.2005, p 27, as last amended by Commission Regulation (EU) No 2016/759 (OJ No L 126, 14.5.2016, p 13).

15

OJ No L 191, 28.5.2004 p. 1 as last amended by Commission Regulation (EU) No 2018/192 (OJ No L 36, 9.2.2018 p. 15).

16

OJ No L 300, 14.11.2009 p. 1, as last amended by Council Regulation (EU) No 1385/2013 (OJ No L 354, 28.12.2013, p. 86).

17

OJ No L 54, 26.2.2011, as last amended by Commission Regulation (EU) No 592/2014 (OJ L 165, 4.6.2014, p.33).

18

S.I. 2009/3255 to which there are amendments not relevant to these Regulations.

22

Council Directive of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine OJ No P121 29.7.1964, p. 1977 last amended by Commission Implementing Decision (EU) 2015/819, OJ No L129 27.5.2015 p. 28.

23

Council Directive of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals OJ No L046 19.2.1991, p.19 last amended by Commission Implementing Decision (EU) 2016/2002, OJ. No L308 16.11.2016, p.29.

24

OJ No L125, 12.5.84, p. 58 as amended by Commission Decision 2007/371/EC (OJ No L 140, 1.6.2007, p. 49).

25

OJ No L171, 29.6.2016, p. 66.

Editorial notes

26

1972 c 68.

28

OJ No L 31, 1.2.2002, p 1, as last amended by Regulation (EU) No 652/2014 (OJ No L189, 27.6.2014, p. 1).

29

S.I. 2007/529, amended by S.I. 2013/517; there are other amending instruments but none is relevant.

30

OJ No L 155, 15.6.2007, p 74.

31

OJ No L 139, 30.04.2004, p 55, as last amended by Commission Regulation (EU) No 633/2014 (OJ No L 175, 14.6.2014, p 6).

32

Established by the Food Standards Act 1999 c. 28.

33

OJ No L 147, 31.5.2001, p 1, as last amended by Commission Regulation (EU) No 2017/1972 (OJ No L 281, 31.10.20176, p 14).

34

OJ No L 172, 30.6.2007, p 84 as last amended by Commission Implementing Decision 2017/1396/EU (OJ No L 197, 28.7.2017, p 9).

35

OJ No L 256, 29.9.2009, p 35, as last amended by Commission Implementing Decision 2016/851/EU (OJ No L141, 28.5.2016, p 131).

36

OJ No L 157, 30.4.2004, p 33. The revised text of Directive 2004/41/EC is set out in a Corrigendum (OJ No L 195, 2.6.2004, p 12).

37

OJ No L 271, 15.10.2005, p 17, as last amended by Commission Implementing Regulation (EU) No 1223/2011 (OJ L. 314, 29.11.2011, p. 12).

38

OJ No L 338, 22.12.2005, p 27, as last amended by Commission Regulation (EU) No 2016/759 (OJ No L 126, 14.5.2016, p 13).

39

OJ No L 300, 14.11.2009 p. 1, as last amended by Council Regulation (EU) No 1385/2013 (OJ No L 354, 28.12.2013, p. 86).

40

OJ No L 54, 26.2.2011, as last amended by Commission Regulation (EU) No 592/2014 (OJ L 165, 4.6.2014, p.33).

41

S.I. 2009/3255 to which there are amendments not relevant to these Regulations.

43

S.I. 2010/801 as amended by S.I. 2011/2861, 2012/2897 and 2013/336.

45

Council Directive of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine OJ No P121 29.7.1964, p. 1977 last amended by Commission Implementing Decision (EU) 2015/819, OJ No L129 27.5.2015 p. 28.

46

Council Directive of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals OJ No L046 19.2.1991, p.19 last amended by Commission Implementing Decision (EU) 2016/2002, OJ. No L308 16.11.2016, p.29.

47

OJ No L125, 12.5.84, p. 58 as amended by Commission Decision 2007/371/EC (OJ No L 140, 1.6.2007, p. 49).

48

OJ No L171, 29.6.2016, p. 66.

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