The Bovines and Bovine Products (Trade) Regulations 1999

Requirements imposed on the operator of an establishment approved under regulation 12

13.—(1) The operator of an establishment approved under regulation 12 above shall ensure that–

(a)any person employed by him, or any person invited to the establishment, complies with the requirements of these Regulations relating to the approval of the establishment; and

(b)any inspector, and any person acting under the responsibility of an inspector, is provided with adequate facilities so as to enable him to carry out his functions under these Regulations in relation to the establishment and that he is given such reasonable assistance and access to such records (including any records held in electronic form) as he may at any reasonable time require for that purpose.

(2) In respect of the preparation at the establishment of any export eligible goods, that–

(a)each stage of their preparation takes place under official supervision;

(b)where the establishment is approved as an export dedicated establishment the methods of operation for the preparation of export eligible goods comply with the requirements of the first column in Schedule 2 to these Regulations in accordance with the determination made by the Minister under regulation 12(3)(d) above as to the application of those requirements to the establishment; and

(c)where the establishment is approved as an establishment other than an export dedicated establishment the methods of operation for the preparation of foreign origin export eligible goods comply with the requirements of the first column in Schedule 3 to these Regulations in accordance with the determination made by the Minister under regulation 12(3)(e) above as to the application of those requirements to the establishment.

(3) The operator of an establishment approved under regulation 12 above shall ensure that all export eligible goods prepared there, other than–

(a)foreign origin export eligible goods, DBES goods or ECHS goods destined for placing on the market in the United Kingdom; or

(b)food for domestic carnivores (whether or not destined for placing on the market in the United Kingdom),

are marked or labelled with an additional mark before a relevant despatch of the goods from the establishment.

(4) In paragraph (3) above a “relevant despatch” of goods is–

(a)a despatch of the goods from the establishment for the purpose of a despatch of the goods from Great Britain to a member State or a third country;

(b)a despatch of the goods from the establishment to any establishment approved under these Regulations for the purpose of a 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)a despatch of the goods from the establishment to any export dedicated establishment 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.

(5) The operator of an establishment approved under regulation 12 above shall not mark any goods with an additional mark other than those required to be so marked under paragraph (3) above.

(6) The operator of an establishment approved under regulation 12 above shall ensure that no products of animal origin derived from DBES and ECHS meat, other than export eligible goods, are produced in the establishment.

(7) The operator of an establishment approved under regulation 12 above shall ensure that all export eligible goods–

(a)are stored in cold stores in chambers which are not used at the same time for storing any bovine products, by-products or materials which do not comply with the conditions set out in articles 6 and 7 and 9 to 13 of the Council Decision and are kept locked, under the seal of a veterinary inspector or a person acting on his authority, when any veterinary inspector or any person acting on the authority of a veterinary inspector is not present; and

(b)are despatched from the establishment in means of transport, or in a lockable chamber or lockable container for the purpose of being carried on any means of transport, sealed by a veterinary inspector or a person acting under his responsibility.

(8) The operator of an establishment approved under regulation 12 above shall ensure that all foreign origin export eligible goods or foreign origin bovine by-products are unloaded, processed or treated, stored, handled, loaded and transported separately, or at different times, from bovine products which do not comply with the conditions set out in articles 6 and 7 and 9 to 13 of the Council Decision.

(9) The operator of an establishment at which any foreign origin bovine by-products are produced shall ensure that the establishment, and the suitability of the by-products for use in human food, animal feed, cosmetics or medical or pharmaceutical products, is clearly indicated, either by means of a label affixed to the by-product, or on its packaging or in a document accompanying the by-product.

(10) The additional mark shall be applied by persons acting under the responsibility of a veterinary inspector; and no other persons shall apply the additional mark or possess or use the instruments or labels intended for applying or bearing an additional mark.

(11) No person shall produce, modify, store, sell or otherwise supply, or offer, expose or advertise for sale or supply, or consign or despatch to any other person–

(a)an instrument intended for the application of an additional mark;

(b)any label or packaging bearing an additional mark; or

(c)an official seal,

except in accordance with the instructions of a veterinary inspector.

(12) An operator of an establishment approved under regulation 12 above shall ensure that at or before the time any instrument intended for the application of an additional mark, or any label or packaging bearing an additional mark, or any official seal, is delivered to him or to the establishment, or otherwise to his order, he notifies an inspector for the purpose of enabling any inspector or person acting under the responsibility of an inspector to put the instrument, label, packaging or official seal into a store at the establishment (maintained under the responsibility of an inspector) or (in the case of an instrument, label or packaging) to give instructions for the use of the instrument, label or packaging at the establishment.

(13) The operator of an establishment approved under regulation 12 above shall ensure, in respect of any export eligible goods prepared there which are destined for placing on the market in the United Kingdom and which bear the additional mark, that the mark is removed or cancelled at whichever of the following times is the first to occur–

(a)the time when, for any reason other than the removal of the additional mark, the goods cease to be eligible for despatch from Great Britain to a member State or a third country in accordance with these Regulations; or

(b)the time when the goods leave the establishment.

(14) The operator of an establishment approved under regulation 12 above shall give the Minister written notice of, and shall obtain his agreement to, any material change he intends to make to any of the facilities or processes used at that establishment in the preparation of foreign origin export eligible goods, DBES goods or ECHS goods before making any such change.

(15) The operator of an establishment approved under regulation 12 above shall give the Minister written notice of any material change he intends to make–

(a)of the suppliers of the materials used by him at the establishment in the manufacture of foreign origin bovine by-products; or

(b)of any facilities, processes or methods of operation used at that establishment in the production of any foreign origin bovine by-products,

before making any such change.