The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 6) Regulations 2007
2007 No. 494
ANIMALSANIMAL HEALTH
The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 6) Regulations 2007
Made 31th October 2007
Laid before the Scottish Parliament 5th November 2007
Coming into force in accordance with article 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19721and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of that Act, and it appears to the Scottish Ministers that it is expedient for references to Community instruments referred to in regulation 2(1) to be references to those instruments as amended from time to time.
PART 1
General provisions
Citation, commencement, cessation and extent
1.—(1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 6) Regulations 2007, and come into force at 2300 hours on 31st October 2007.
(2) These Regulations cease to have effect on 15th December 2007.
(3) These Regulations extend to Scotland and, in so far as they extend beyond Scotland, do so only as a matter of Scots law.
Interpretation
2. In these Regulations (unless the context requires otherwise)–
“ADNS” means the Animal Disease Notification System under Commission Decision 2005/176/ECof 1st March 2005 laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC2;
“approved” means approved in accordance with regulation 3;
“Decision 2001/304” means Commission Decision 2001/304/ECon the marking and use of certain animal products3;
“the Decision” means Commission Decision 2007/554/ECconcerning certain protection measures against foot-and-mouth disease in the United Kingdom and repealing Decision 2007/552/EC4, as amended from time to time;
“dispatch” means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;
“Directive 2002/99” means Council Directive 2002/99/EClaying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption5;
“export” includes consigning for export;
“farmed game” and “wild game” mean respectively a domestic or wild animal of a game species susceptible to foot-and-mouth disease;
“inspector” means a person appointed by the Scottish Ministers or a local authority to be an
inspector for the purposes of–
(a) these Regulations;
(b) the Animal Health Act 19816;
(c) the Products of Animal Origin (Import and Export) Regulations 19967;
(d) the Products of Animal Origin (Third Country Imports) (Scotland) Regulations 20078; or
(e) the Animals and Animal Products (Import and Export) (Scotland) Regulations 20079;
“HACCP” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“official veterinarian” means a veterinarian who is–
(a) qualified in accordance with Part A of Chapter IV of Section III of Annex I to Regulation 854/2004 to carry out the controls required of an official veterinarian under that Regulation; and
(b) appointed by the Scottish Ministers;
“meat” means fresh meat, minced meat, mechanically separated meat and meat preparations as defined in points 1.10, 1.13, 1.14 or 1.15 of Annex 1 to Regulation 853/2004;
“Regulation 1774/2002” means Regulation (EC) No. 1774/2002of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption10;
“Regulation 853/2004” means Regulation (EC) No. 853/2004of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin11;
“Regulation 854/2004” means Regulation (EC) No. 854/2004/EC of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption12; and
“restricted area” means Great Britain.
Approvals
3.—(1) The Scottish Ministers or a local authority may approve cutting plants, establishments, slaughterhouses , or holdings for the purposes of these Regulations.
(2) An approval under these Regulations must be in writing, may be made subject to conditions, and may be amended or revoked by notice in writing at any time.
(3) The Scottish Ministers or a local authority must on granting an approval be satisfied that the occupier of the cutting plant or other premises will comply with these Regulations and with any condition of the approval.
Endorsement of commercial documents
4.—(1) Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it a copy of the official certificate which–
(a)
(a) states that the production process has been audited and found to be–
(i) in compliance with the appropriate requirements in Community animal health legislation; and
(ii) suitable to destroy the foot-and-mouth disease virus; or
(b)
(b) states that the product or products concerned have been produced from pre-processed materials which have been certified in accordance with paragraph (a), and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus.
(2) The certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
(3) In case of products for retail sale to the final consumer, a consolidated consignment other than fresh meat, minced meat, mechanically separated meat and meat preparations, each of which is eligible for export in accordance with these Regulations, may be exported if sent from an approved establishment accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate which–
(a)
(a) confirms that the establishment of export has in place a system to ensure that goods can only be exported if they are traceable to documentary evidence of compliance with these Regulations;
(b)
(b) confirms that this system has been audited and found satisfactory;
(c)
(c) refers to the Decision;
(d)
(d) is valid for 30 days;
(e)
(e) states the expiry date; and
(f)
(f) is renewable only after the establishment had been audited with satisfactory results.
PART 2
Import and export: animals, meat and meat products
Import of animals
5. No person shall import any live animal of a bovine, ovine, caprine, porcine or other biungulate species into Scotland from another member State.
Dispatch, transit and export of animals
6.—(1) No person shall dispatch any live animal of a bovine, ovine, caprine, porcine or other biungulate species.
(2) By way of derogation from paragraph (1), a person may export an animal originating outside the restricted area if the–
(a)
(a) animal has made a direct and uninterrupted transit through that area travelling only on main roads or railway lines; and
(b)
(b) conditions in paragraphs (3) and (4) are met for an export is to another member State.
(3) No person shall export the animal unless at least three days before export the Scottish Ministers have notified the central and local veterinary authorities of the member State of the intended export.
(4) The animal must be accompanied by a health certificate which bears in the case of–
(a)
(a) a bovine, porcine, ovine and caprine animal, the words–
“Animals conforming to Commission Decision 2007/554/ECof 9th August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”; and
(b)
(b) any other animal, the words–
“Live biungulates conforming to Commission Decision 2007/554/ECof 9th August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.
Export of meat: general
7.—(1) No person shall export meat from an animal of bovine, ovine, caprine, porcine or other biungulate species coming from the restricted area, or obtained from animals originating in that area.
(2) The prohibition in paragraph (1) does not apply in relation to–
(a)
(a) meat obtained before 15th July 2007;
(b)
(b) meat derived from animals reared for at least 90 days prior to slaughter and slaughtered, or in the case of wild game killed, outside the restricted area;
(c)
(c) meat derived from wild game that–
(i) was killed in an area specified in Schedule 1–
(aa) where there has been no outbreak of foot-and-mouth disease for at least a period of 90 days before killing; and
(bb) at least 20 km from any part of the restricted area not specified in Schedule 2; and
(ii) complies with paragraphs (2) and (3) (c) of regulation 8;
(d)
(d) meat from a domestic bovine, ovine, caprine or porcine animal, or from farmed game, that complies with regulation 8, and is derived from–
(i) a bovine, ovine, caprine or porcine animal that was–
(aa) kept on a holding in an area specified in Schedule 2 where there has been no outbreak of foot-and-mouth disease for at least the 90 days prior to slaughter;
(bb) kept on a holding complying with regulation 9 during the 21 days prior to transport to an approved slaughterhouse;
(cc) was transported to the slaughterhouse under the control of the Scottish Ministers in a means of transport that was cleaned and disinfected before loading at the...
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