The Bovine Products (Restriction on Placing on the Market) (England) (No. 2) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations revoke and re–enact with certain changes the Bovine Products (Restriction on Placing on the Market) (England) Regulations 2005 (S.I. 2005/2719), which gave effect in relation to England to Article 1.1 of Commission Decision 2005/598/EC prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1st August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No. 999/2001 (OJ No. L204, 5.8.2005, p.22). In doing so, these Regulations ensure that that Article continues to have effect in relation to England. The revocation of the Bovine Products (Restriction on Placing on the Market) (England) Regulations 2005 is effected by regulation 9 of these Regulations.

2.  Article 1.1 of Commission Decision 2005/598/EC provides that certain products derived from bovine animals born or reared within the United Kingdom before 1st August 1996 may not be placed on the market.

3.  The prohibition contained in Article 1.1 of Commission Decision 2005/598/EC is now given effect by regulation 3 of these Regulations.

4.  The changes effected by these Regulations – which are not relevant to the prohibition contained in Article 1.1 of Commission Decision 2005/598/EC – are necessary in the light of the coming into force with effect from 1st January 2006 of the Food Hygiene (England) Regulations 2005 (S.I. 2005/2059), which provide for the execution and enforcement in relation to England of certain Community instruments relating to food hygiene.

5.  These Regulations also —

(a)apply with modifications certain provisions of the Food Safety Act 1990 (1990 c. 16) for the purposes of these Regulations (regulation 4);

(b)provide for the inspection and seizure of products that are suspected of having been placed on the market in contravention of regulation 3 of these Regulations (regulation 5);

(c)create offences and penalties (regulation 6);

(d)make provision for their enforcement (regulation 7); and

(e)in consequence of regulation 3 of these Regulations make an amendment to regulation 3 of the Animal By–Products (Identification) Regulations 1995 (S.I. 1995/614) in so far as it applies in relation to England (regulation 8).

6.  A full Regulatory Impact Assessment of the effect that these Regulations will have on the costs of business has been prepared and placed in the library of each House of Parliament. Copies may be obtained from the TSE Division of the Food Standards Agency, Aviation House, Kingsway, London WC2B 6NH.