Citation and commencement

1.  These Regulations may be cited as the Transmissible Spongiform Encephalopathy (Amendment No.3) Regulations (Northern Ireland) 2005 and shall come into operation on 25th October 2005.

Interpretation

2.  The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendments to the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002

3.  The Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002(4) are amended in accordance with the provisions of these Regulations.

4.  In regulation 3 (Interpretation)—

(a)at the end of the definition of “the Community Transitional Measures”, there shall be added—

“(g)Regulation (EC) No. 932/2005 of the European Parliament and of the Council of 8 June 2005 amending Regulation (EC) No. 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies as regards the extension of the period for transitional measures(5);”;

(b)for the definition of “vertebral column”, there shall be substituted—

““vertebral column” excludes the vertebrae of the tail, the spinous and transverse processes of the cervical, thoracic and lumbar vertebrae, the median sacral crest and the wings of the sacrum, but includes the dorsal root ganglia;”;

(c)for the definition of “young lamb stamp”, there shall be substituted—

““young goat stamp” means the stamp described as such in regulation 38(2); and

“young lamb stamp” means the stamp described as such in regulation 38(2).”.

5.  After regulation 10 (Notifications) there shall be inserted the following regulations—

“Slaughter of bovine animals over 30 months of age

10A.—(1) A person shall not use a slaughterhouse for the slaughter of a relevant bovine animal unless the occupier of the slaughterhouse has agreed in writing with an official veterinary surgeon the Required Method of Operation in respect of the slaughter of a relevant bovine animal at the slaughterhouse in question.

(2) Without prejudice to the inclusion in it of other provisions a relevant agreement shall contain provisions stating how each requirement referred to in Schedule 1A is to apply in respect of the Required Method of Operation at the slaughterhouse in question.

(3) A relevant agreement (irrespective of its content) may be suspended or revoked by the official veterinary surgeon by notice in writing served on the occupier if the official veterinary surgeon is of the opinion that it is not being complied with or that a reasonable proposed alteration of the agreement suggested by him in writing to the occupier has not been accepted by the occupier within 7 days; and if the official veterinary surgeon suspends or revokes the agreement—

(a)the occupier may make representation on the suspension or revocation to a person appointed for the purpose by the Department;

(b)the appointed person shall consider the representations and report in writing to the Department;

(c)upon receiving that report, the Department shall affirm the decision of the official veterinary surgeon or—

(i)if that decision is to suspend the agreement, lift the suspension;

(ii)if that decision is to revoke the agreement, reinstate it or reinstate but suspend it,

as it thinks appropriate; and

(d)the Department shall give the operator written notification of its determination and the reasons for it.

(4) The occupier of the slaughterhouse shall ensure that the provisions contained in the relevant agreement relating to that slaughterhouse are complied with in relation to each relevant bovine animal slaughtered there.

(5) Where a relevant bovine animal has been slaughtered otherwise than in accordance with a relevant agreement an inspector may give to the occupier of the slaughterhouse in question a direction for the disposal of—

(a)the carcase of that relevant bovine animal; and

(b)all other parts of the body of that animal including the blood and the hide.

(6) Where an inspector gives a direction under paragraph (5) the owner of the carcase shall not be entitled to any compensation under these Regulations in respect of that carcase and the other parts of the body of the animal including the blood and the hide.

(7) If a person to whom a direction has been given under paragraph (5) fails to comply with the direction an inspector may arrange for it to be complied with—

(a)without prejudice to any proceedings arising out of such default; and

(b)at the expense of the person to whom the direction was given.

(8) Paragraphs (5) to (7) are without prejudice to paragraph (3) or to any proceedings arising out of contravention of paragraph (1) or failure to comply with paragraph (4).

(9) In this regulation—

(a)“registered bovine animal” means a bovine animal which belongs to a herd registered under the Beef Assurance Scheme pursuant to regulation 4 of the Fresh Meat (Beef Controls) Regulations (Northern Ireland) 1996(6);

(b)“relevant agreement” means an agreement referred to in paragraph (1);

(c)“relevant bovine animal” means a bovine animal, other than a registered bovine animal, over 30 months of age any part of which is intended for human consumption; and

(d)“Required Method of Operation”, in relation to a slaughterhouse, means the method of operation that would apply there.

Consignment of over-age animals to a slaughterhouse

10B.—(1) Subject to paragraph (2), a person shall not consign to a slaughterhouse a live or dead bovine animal born or reared in the United Kingdom or imported into the United Kingdom prior to 1st August 1996.

(2) Paragraph (1) shall not prohibit a person from consigning a bovine animal to a slaughterhouse under the purchase scheme introduced under Commission Regulation (EC) No. 716/96(7) adopting exceptional support measures for the beef market in the United Kingdom, as amended by Commission Regulations (EC) No. 774/96(8), No. 1974/96(9), No. 2149/96(10), No. 1365/97(11) and No. 667/2003(12).”.

6.  In regulation 23 (Production of feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants), for paragraphs (1), (2) and (3) there shall be substituted—

“(1) A person shall not use any premises for the production of feedingstuffs containing fishmeal for the feeding of non-ruminant farmed animals save in accordance with—

(a)the condition contained in paragraph 2.IB(c) of Annex IV; or

(b)the derogations from that condition contained in sub-paragraphs (i) and (ii) of that paragraph.

(2) The Department shall authorise an establishment in relation to the production of feedingstuffs for the purposes of—

(a)the condition contained in paragraph 2.IB(c) of Annex IV; and

(b)the derogations from that condition contained in sub-paragraphs (i) and (ii) of that paragraph,

if, following an inspection of the premises by a veterinary inspector, the Department is satisfied that the premises are capable of being operated in accordance with the relevant requirements of Annex IV.

(3) In paragraphs (1) and (2) “Annex IV” means Annex IV to the Community TSE Regulation.”.

7.  For regulation 25 (Use and storage of feedingstuffs containing fishmeal, dicalcium phosphate or hydrolysed protein) there shall be substituted—

“Use and storage of feedingstuffs containing dicalcium phosphate or hydrolysed protein

25.—(1) Subject to paragraph (2), a person shall not use or store any feedingstuffs, other than petfood referred to in Chapter 4 of Annex I to Council Directive 92/118/EEC(13), containing any—

(a)dicalcium phosphate derived from defatted bones; or

(b)hydrolysed protein,

on a farm where ruminant animals are kept, fattened or bred for the production of food.

(2) Paragraph (1) shall not apply to the use or storage of any feedingstuffs containing any dicalcium phosphate derived from defatted bones or hydrolysed protein on any farm where ruminant animals are kept if measures are implemented on the farm sufficient to prevent the feedingstuffs being fed to those ruminant animals.”.

8.  After regulation 25, there shall be inserted the following regulations—

“Use and storage of feedingstuffs containing fishmeal

25A.—(1) Subject to paragraph (2), any person who—

(a)uses or stores any feedingstuff containing fishmeal for feeding to non-ruminant farmed animals; and

(b)fails to comply with paragraph 2.IB(f) of Annex IV to the Community TSE Regulation,

shall be guilty of an offence.

(2) For the purposes of the derogation in paragraph 2.IB(f) of that Annex a person shall not use or store any feedingstuff containing fishmeal on premises where ruminants are kept unless he is registered by the Department for that purpose in accordance with paragraph (3).

(3) The Department shall grant a registration under paragraph (2) where the occupier declares in writing that measures are implemented on the premises in question to prevent the feedingstuffs being fed to ruminant animals on those premises.

(4) A person who fails to comply with paragraph (2) shall be guilty of an offence.

(5) A person guilty of an offence under this regulation shall be liable—

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

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

Samples sent to laboratories and reporting requirements

25B.—(1) Up to and including 31st December 2005, where an operator of an establishment producing feedingstuffs sends a sample to a laboratory for testing for any purpose in connection with the requirements of Annex IV of the Community TSE Regulation, he shall supply in writing with the sample—

(a)the name and address of the premises at which the sample was taken;

(b)the date on which the sample was taken; and

(c)the description and identity of the sample.

(2) The operator shall also supply in writing with the sample—

(a)confirmation whether or not the sample was taken from a feedingstuff or an ingredient for the feeding of farmed animals—

(i)which has been imported from a third country; or

(ii)which has been or is intended to be placed on the market, and, if so,

(b)details of the species of animal for which the feedingstuff or ingredient is intended.

(3) Any—

(a)person who submits a sample to a laboratory for analysis pursuant to paragraph (1); or

(b)occupier of the laboratory, other than the Community reference laboratory, to which that sample is sent,

shall inform the Department with all practicable speed if there is any evidence arising from that sample of a breach of these Regulations or of Annex IV to the Community TSE Regulation.”.

9.  In regulation 29B (Slaughter of animals), for paragraph (5) there shall be substituted—

“(5) Subject to paragraph (6), if any person on whom a notice is served under paragraph (1) fails to comply with the requirements of the notice, an inspector may carry out or cause to be carried out those requirements—

(a)without prejudice to any proceedings arising out of such default; and

(b)at the expense of the person on whom the notice is served.

(6) An inspector may only carry out or cause to be carried out the requirements of a notice referred to in paragraph (5) if the Department has confirmed the notice pursuant to paragraph (4).”.

10.  In regulation 33 (Removal of specified risk material from carcases in slaughterhouses)—

(a)for paragraph (1), there shall be substituted—

“(1) When a bovine animal is slaughtered in a slaughterhouse, or slaughtered elsewhere and then brought to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that—

(a)all specified risk material, excluding the vertebral column, is removed from the carcase as soon as is reasonably practicable after the animal has been slaughtered and before the carcase is presented for inspection pursuant to regulation 35;

(b)where the carcase or any part of the carcase contains vertebral column which is not specified risk material, that carcase or part—

(i)is labelled in accordance with point 14(a) of Part A of Annex XI to the Community TSE Regulation; or

(ii)is consigned to cutting premises licensed under regulation 56(1) as soon as is reasonably practicable for the removal of the vertebral column at those premises in accordance with regulation 36(1).

(1A) A person shall not label the carcase or any part of the carcase of a bovine animal containing vertebral column which is specified risk material in accordance with point 14(a) of Part A of Annex XI to the Community TSE Regulation as if it were a carcase or part of a carcase containing vertebral column which is not specified risk material.”.

(b)paragraph (10) shall be omitted.

11.  In regulation 36 (Removal of vertebral column of bovine animals in cutting premises)

(a)for paragraph (1), there shall be substituted—

“(1) Where the carcase of a bovine animal containing vertebral column—

(a)which is not labelled in accordance with regulation 33(1)(b)(i) is consigned as referred to in regulation 33(1)(b)(ii) to licensed cutting premises; or

(b)is imported and transported in accordance with the Community TSE Regulation or the Community Transitional Measures to licensed cutting premises,

the occupier of that cutting premises shall ensure that the vertebral column is removed from the rest of the carcase at the premises as soon as is practicable after the arrival of the carcase there and before the carcase is presented for inspection pursuant to regulation 35(3).”.

(b)for paragraph (5), there shall be substituted—

“(5) In this regulation, “carcase” means—

(a)a carcase;

(b)a half carcase;

(c)a half carcase cut into no more than three wholesale cuts; and

(d)quarters,

containing no specified risk material other than the vertebral column.”.

12.  For regulation 37 (Removal of SRM spinal cord of sheep and goats), there shall be substituted—

“Removal of spinal cord of sheep and goats which is specified risk material

37.—(1) Where the carcase of a sheep or a goat is consigned to a slaughterhouse or cutting premises licensed for the purpose of this Part, the occupier of that slaughterhouse or cutting premises shall ensure that the spinal cord which is specified risk material is removed from the rest of the carcase.

(2) If the spinal cord which is specified risk material is removed in a slaughterhouse or at a cutting premises licensed for the purpose of this Part, the occupier shall ensure that it is stained in accordance with regulation 33(3) and disposed of as specified risk material in accordance with this Part.

(3) If the spinal cord which is specified risk material is removed at any premises, other than a licensed slaughterhouse or licensed cutting premises, for the purposes of veterinary or scientific examination, after that examination the spinal cord shall be stained blue and disposed of as specified risk material in accordance with this Part.”.

13.  For regulation 38 (Young lamb stamp), there shall be substituted—

“Young lamb stamp and young goat stamp

38.—(1) Where a sheep or a goat is slaughtered in a slaughterhouse and at the time of slaughter—

(a)it is not more than 12 months of age; or

(b)there is no permanent incisor erupted through the gum; and

(c)the spleen and the ileum have been removed,

the carcase of the animal shall be marked with a young lamb stamp or a young goat stamp as appropriate.

(2) A young lamb stamp and a young goat stamp shall consist of a circular mark 5 centimetres in diameter containing in legible form in capital letters one centimetre high—

(a)“VS”; and

(b)in the case of a sheep, “YL”; or

(c)in the case of a goat, “YG”.

(3) No person other than—

(a)an official veterinary surgeon;

(b)an authorised officer; or

(c)a meat inspector acting under the responsibility of an official veterinary surgeon,

may apply a young lamb stamp or a young goat stamp or possess the equipment for applying such a stamp.

(4) A person shall not use any stamp resembling a young lamb stamp or a young goat stamp in such a way as to suggest that the carcase of any animal other than an animal referred to in paragraph (1) is such a carcase.

(5) In relation to any slaughterhouse or cutting premises the Agency may appoint as meat inspectors such persons as are necessary to assist the official veterinary surgeon and authorised officer in carrying out their functions under paragraph (3).”.

14.—(1) In regulation 41(1)(a) and (2)(a), after the words “young lamb stamp”, there shall be inserted “or young goat stamp, as the case may be”.

(2) In regulations 46(1) and 47(1)(a), after the words “young lamb stamp”, there shall be inserted “or young goat stamp, as the case may be”.

15.  After Schedule 1 (Compensation), there shall be inserted Schedule 1A as set out in the Schedule to these Regulations.

Regulation 15

SCHEDULE

Regulation 10A

“SCHEDULE 1AREQUIREMENTS TO BE COVERED BY AN AGREEMENT RELATING TO THE SLAUGHTER OF A BOVINE ANIMAL OVER 30 MONTHS OF AGE

Animal identification and separation

1.  There must be a reliable system for identifying on arrival at the slaughterhouse—

(a)a bovine animal born or reared in the United Kingdom or imported into the United Kingdom before 1st August 1996;

(b)a bovine animal born or reared in the United Kingdom or imported into the United Kingdom on or after 1st August 1996;

(c)a bovine animal referred to in (a) or (b) which is subject to slaughter ordered by a veterinary surgeon following an accident or serious physiological or functional problems;

(d)a bovine animal referred to in (a) or (b) which is, or is suspected of, suffering from—

(i)a disease which is communicable to humans or animals; or

(ii)a disease or disorder of its general condition which is likely to make its meat unfit for human consumption;

(e)a bovine animal referred to in (a) or (b) which has, or is suspected of having—

(i)had administered to it substances with pharmacological effects; or

(ii)consumed substances,

which may make its meat unfit for human consumption.

2.  There must be a reliable system for ensuring that no bovine animal born or reared in the United Kingdom before 1st August 1996 or imported into the United Kingdom before 1st August 1996 is slaughtered for human consumption.

3.  A bovine animal which is over 30 months of age but born in the United Kingdom on or after 1st August 1996 or imported into the United Kingdom on or after 1st August 1996 must be clearly identified.

4.  Bovine animals which are over 30 months of age but born in the United Kingdom on or after 1st August 1996 or imported into the United Kingdom on or after 1st August 1996 and bovine animals which are 30 months of age and under must be separated into batches for subsequent separate slaughter.

Brain stem sampling

5.  There must be sufficient slaughterhouse staff trained and competent in the taking, labelling, packaging and despatch of brain stem samples. Health and safety guidelines to minimise the risk of exposure to bovine spongiform encephalopathy must be followed and hygienic facilities must be provided. Sampling procedures must not jeopardise the hygienic production of meat intended for human consumption.

Correlation of sample to carcase and all other body parts

6.  There must be a reliable system for linking the brain stem sample of each bovine animal over 30 months of age to the carcase of that animal and all other parts of the body of that animal including the blood and the hide.

Retention of carcases and all other body parts

7.  Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases there must be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that the carcase of a bovine animal tested for bovine spongiform encephalopathy (“the tested animal”) plus the carcase of—

(a)the bovine animal immediately preceding the tested animal; and

(b)each of the two bovine animals immediately following the tested animal,

on the slaughter line are retained in slaughter order either in a sealed chiller or on a sealed rail in an unsealed chiller, pending the receipt of the results of the rapid test.

8.  Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases there must be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that the carcase of a bovine animal tested for bovine spongiform encephalopathy (“the tested animal”) is retained in either a sealed chiller or on a sealed rail in an unsealed chiller pending the receipt of the results of the rapid test.

9.  There must also be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that—

(a)all parts of the body, including the blood and hide, but excluding the carcase (“the body parts”) of a tested animal plus the body parts of—

(i)the bovine animal immediately preceding the tested animal; and

(ii)the two bovine animals immediately following the tested animal,

on the slaughter line; and

(b)mixed batches of the body parts of both a tested animal and any other bovine animal,

are disposed of by rendering and thereafter incineration or directly by incineration, with the exception of hides, retained at the slaughterhouse until rapid test results are available.

10.  Hides not retained at the slaughterhouse must be retained at premises under official control until rapid test results are available.

Delivery of sample to testing laboratory

11.  Brain stem samples for testing for bovine spongiform encephalopathy must be packaged and delivered in a testable condition to a laboratory approved by the Department for the purposes of point 2 of Chapter C of Annex X to the Community TSE Regulation. The samples must be packaged and labelled in accordance with packaging instructions P650 of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1st January 2005)(14).

Receipt of rapid test results by the slaughterhouse

12.  There must be a system for the receipt of the correct test results from the laboratory, either by fax or by other electronic means.

Action following a positive or “no test” result

13.  Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases there must be effective arrangements to ensure that the carcase and all other parts of the body, including the blood and the hide (“the whole body”) of any bovine animal which tested positive for bovine spongiform encephalopathy (“the BSE positive animal”), plus the whole body of the bovine animal immediately preceding the BSE positive animal and of each of the two bovine animals immediately following the BSE positive animal on the slaughter line (including any batched materials), are identified and disposed of by rendering and thereafter incineration or directly by incineration.

14.  Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases there must be effective arrangements to ensure that the whole body of any BSE positive animal is identified and disposed of by rendering and thereafter incineration or directly by incineration.

15.  Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases there must be effective arrangements to ensure that the whole body of any bovine animal, samples of which cannot be tested for any reason (“the no test animal”) plus the whole body (but not the hide if it is separately identified) of the bovine animal immediately preceding the no test animal and of each of the two bovine animals immediately following the no test animal on the slaughter line (including any batched materials), are identified and disposed of by rendering and thereafter incineration or directly by incineration.

16.  Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases there must be effective arrangements to ensure that the whole body of any bovine animal, samples of which cannot be tested for any reason, is identified and disposed of by rendering and thereafter incineration or directly by incineration.

Removal of vertebral column in cutting premises licensed under regulation 56(1)

17.  There must be effective arrangements to ensure that the vertebral column is not removed from the carcase of a bovine animal over 30 months of age which has tested negative for bovine spongiform encephalopathy in the slaughterhouse but that it is removed from the carcase in cutting premises licensed under regulation 56(1).

Testing of the effectiveness of the controls put in place

18.  Before the first occasion on which the occupier of a slaughterhouse slaughters a bovine animal over 30 months of age, any part of which is intended for human consumption, there must be a test of all the control procedures in this Schedule by means of a trial using bovine animals under 30 months of age, which demonstrates that all of the control procedures are effective.”

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002, S.R. 2002 No. 225 (“the 2002 Regulations”), which give effect in Northern Ireland to the enforcement and administration of Regulation (EC) No. 999/2001 of the European Parliament and of the Council of 22nd May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies. Other amending Regulations are S.R. 2003 No. 495, S.R. 2003 No. 509, S.R. 2004 No. 388, S.R. 2005 No. 25 and S.R. 2005 No. 200.

These Regulations also give effect in part to Article 16a of Council Directive 95/53/EC of 25th October 1995 fixing the principles governing the organization of official inspections in the field of animal nutrition (O.J. No. L265, 8.11.95, p.17). Article 16a was inserted by Directive 2001/46/EC of the European Parliament and of the Council (O.J. No. L234, 1.9.2001, p.55). The relevant provision is contained in new regulation 25B of the 2002 Regulations, inserted by regulation 8.

The main changes are as follows:

Amendments are made to certain definitions contained in regulation 3 of the 2002 Regulations (regulation 4);

New regulation 10A of, and new Schedule 1A to, the 2002 Regulations make provision for a regime for the slaughter for human consumption of cattle over thirty months of age and new regulation 10B prohibits consignment to a slaughterhouse of a bovine animal born or reared in the United Kingdom before 1st August 1996 or imported into the United Kingdom before 1st August 1996 (regulation 5 and the Schedule);

Regulation 23 of the 2002 Regulations is amended to make provision relating to the use of premises for the production of feedingstuffs containing fishmeal (regulation 6);

New regulation 25A of the 2002 Regulations contains further provisions about feedingstuffs containing fishmeal and new regulation 25B relates to the submission of samples of feedingstuffs to laboratories (regulation 8);

Regulations 33 and 36 of the 2002 Regulations are amended to make provision for the enforcement of measures contained in Regulation (EC) No. 999/2001 concerning the labelling of bovine carcases containing vertebral column and the removal of vertebral column from such carcases (regulations 10 and 11);

Regulation 37 of the 2002 Regulations is replaced by a new regulation relating to the removal of spinal cord from sheep and goats (regulation 12);

Regulation 38 of the 2002 Regulations is replaced by a new regulation relating to the stamping of the carcases of young lambs and young goats from which the spleen and ileum have been removed (regulation 13).