The Transmissible Spongiform Encephalopathies (England) Regulations 2010

Retention of products and disposal

13.—(1) In relation to any sampled bovine animal, the occupier of a slaughterhouse, other place of slaughter (for the purposes of point 4(1)(a) of Annex V to the EU TSE Regulation), hide market or tannery must, for the purposes of point 6(3) of Part I of Chapter A of Annex III to the EU TSE Regulation and pending receipt of the test result, either—

(a)retain all carcases and all parts of the body (including the blood and the hide) that will have to be disposed of in the event of a positive result; or

(b)dispose of them in accordance with sub-paragraph (2).

(2) For the purposes of points 6(4) and 6(5) of that Part, if a positive result is received for a sampled animal, the occupier must immediately dispose of—

(a)the carcase and all parts of the body of that animal (including the blood and the hide); and

(b)unless a derogation has been granted under sub-paragraph (5), the carcase and all parts of the body (including the blood and the hide) of the animal immediately preceding that animal on the slaughter line and the two animals immediately following it,

in accordance with point 6(4) of that Part.

(3) If no sample has been sent to, or no sample has been received by, an approved testing laboratory for testing in accordance with paragraph 8 and 9 of this Schedule, or if an insufficient test result is received, in respect of an animal required to be tested under this Schedule, the occupier must immediately dispose of—

(a)the carcase and all parts of the body (including the blood and the hide) of that animal; and

(b)unless a derogation has been granted under sub-paragraph (5), the carcase and all parts of the body (including the blood but not the hide) of the animal immediately preceding that animal on the slaughter line and the two animals immediately following it,

in accordance with point 6(4) of that Part; and for the purposes of this sub-paragraph an “insufficient test result” means a certification by an approved testing laboratory that the sample sent to the laboratory was not of an adequate quality or was not of a sufficient quantity to obtain a test result.

(4) If a no-test result is received, in respect of an animal required to be tested under this Schedule, the occupier must immediately dispose of the carcase and all parts of the body (including the blood and the hide) of that animal in accordance with point 6(4) of that Part; and for the purposes of this sub-paragraph a “no-test result” means a negative result from a sample following multiple rapid testing where such testing was certified as necessary by an approved testing laboratory.

(5) The Secretary of State may grant in writing a derogation under point 6(6) of Part I of Chapter A of Annex III to the EU TSE Regulation if satisfied that the slaughterhouse operates a system that prevents contamination between carcases.

(6) Any person who fails to comply with sub-paragraphs (1) to (4) is guilty of an offence.