The Transmissible Spongiform Encephalopathies (England) Regulations 2008
2008 No. 1881
Animals, EnglandAnimal Health
The Transmissible Spongiform Encephalopathies (England) Regulations 2008
Made 15th July 2008
Laid before Parliament 17th July 2008
Coming into force 7th August 2008
The Secretary of State has been designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures in the veterinary and phytosanitary fields for the protection of public health.
The Secretary of State makes the following Regulations under the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and by section 56(1) and (2) of the Finance Act 19733.
The Secretary of State has carried out the consultation required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety4.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for references to the Community instruments referred to in Schedule 1 to be construed as references to those instruments as amended from time to time.
In accordance with section 56(1) of the Finance Act 1973, the Treasury consents to the making of these Regulations.
PART 1
General provisions
Title, application and commencement
1. These Regulations—
(a) may be cited as the Transmissible Spongiform Encephalopathies (England) Regulations 2008;
(b) apply in England only; and
(c) come into force on 7th August 2008.
Interpretation
2.—(1) In these Regulations—
“approved testing laboratory” has the meaning given to it in paragraph 4(3) of Schedule 2;
“bovine animal” includes bison and buffalo (including water buffalo);
“BSE” means bovine spongiform encephalopathy;
“cattle passport” has the same meaning as in the Cattle Identification Regulations 20075;
“Commission Decision 2007/411/EC” means Commission Decision 2007/411/ECprohibiting 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 999/2001and repealing Decision 2005/5986;
“Community TSE Regulation” means Regulation (EC) No 999/2001of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies7, as read with—
(a) Commission Decision 2007/411/EC; and
(b) Commission Decision 2007/453/ECestablishing the BSE status of Member States or third countries or regions thereof according to their BSE risk8;
“cutting plant” (except in Schedule 7, paragraph 9(2)(b)(iii)) has the meaning given to it in paragraph 1(17) of Annex I to Regulation (EC) No. 853/2004, and is an establishment which is—
(a) approved or conditionally approved as such by the Food Standards Agency under Article 31(2) of Regulation (EC) No. 882/2004; or
(b) operating as such under Article 4(5) of Regulation (EC) No. 853/2004, pending such approval;
“inspector” means an inspector appointed under regulation 12, and “veterinary inspector” means a veterinary surgeon appointed by the Secretary of State as an inspector;
“local authority” means—
(a) where there is, within the meaning of the Local Government Changes for England Regulations 19949, a unitary authority, that authority;
(b) where there is not a unitary authority—
(i) in a metropolitan district, the council of that district;
(ii) in a non-metropolitan county, the council of that county or the council of a district within the county area;
(iii) in each London borough, the council of that borough; or
(c) in the City of London, the Common Council;
“Regulation (EC) No. 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, as read with—
(a) Commission Regulation (EC) No. 811/2003implementing Regulation (EC) No. 1774/2002of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures11;
(b) Commission Regulation (EC) No. 878/2004laying down transitional measures in accordance with Regulation (EC) No. 1774/2002for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes12; and
(c) Commission Regulation (EC) No. 92/2005implementing Regulation (EC) No. 1774/2002of the European Parliament and of the Council as regards means of disposal or uses of animal by-products and amending its Annex VI as regards biogas transformation and processing of rendered fats13;
“Regulation (EC) No. 853/2004” means Regulation (EC) No. 853/2004of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin14, as read with—
(a) Directive 2004/41/ECof the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EECand 92/118/EECand Council Decision 95/408/EC15
(b) Commission Regulation (EC) No. 1688/2005implementing Regulation (EC) No. 853/2004of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs16;
(c) Commission Regulation (EC) No. 2074/2005laying down implementation measures for certain products under Regulation (EC) No. 853/2004of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004of the European Parliament and of the Council and Regulation (EC) No. 882/2004of the European Parliament and of the Council derogating from Regulation (EC) No. 852/2004of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004and (EC) No. 854/200417; and
(d) Commission Regulation (EC) No. 2076/2005laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004and (EC) No. 882/2004of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004and (EC) No. 854/200418;
“Regulation (EC) No. 882/2004” means Regulation (EC) No. 882/2004of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules19, as read with—
(a) Commission Regulation (EC) No. 2074/2005; and
(b) Commission Regulation (EC) No. 2076/2005;
“slaughterhouse” has the meaning given to it in paragraph 1(16) of Annex I to Regulation (EC) No. 853/2004, and is an establishment which is—
(a) approved or conditionally approved as such by the Food Standards Agency under Article 31(2) of Regulation (EC) No. 882/2004; or
(b) operating as such under Article 4(5) of Regulation (EC) No. 853/2004, pending such approval; and
“TSE” means transmissible spongiform encephalopathy.
(2) Expressions that are not defined in these Regulations and occur in the Community TSE Regulation have the same meaning in these Regulations as they have for the purposes of the Community TSE Regulation.
(3) References in these Regulations to the Community instruments identified in Schedule 1 are references to those instruments as amended from time to time.
Appointment of competent authority
3. The Secretary of State is the competent authority for the purposes of the Community TSE Regulation except as otherwise specified in these Regulations.
Exception for research
4.—(1) The provisions of Schedules 2 to 8 do not apply in relation to animals kept for the purposes of research in premises approved for that purpose under this regulation by the Secretary of State.
(2) If a bovine animal, sheep or goat kept in approved research premises or its progeny dies or is killed, the occupier must dispose of it as a Category 1 animal by-product in accordance with Regulation (EC) No. 1774/2002, and failure to do so is an offence.
PART 2
Introduction of Schedules
The Schedules
5. The following Schedules have effect—
(a) Schedule 2 (TSE monitoring);
(b) Schedule 3 (control and eradication of TSE in bovine animals);
(c) Schedule 4 (control and eradication of TSE in sheep and goats);
(d) Schedule 5 (control and eradication of TSE in animals that are not bovine, ovine or caprine).
(e) Schedule 6 (feedingstuffs);
(f) Schedule 7 (specified risk material, mechanically separated meat and slaughtering techniques); and
(g) Schedule 8 (restrictions on export).
PART 3
Administration and enforcement
Approvals, authorisations, licences and registrations
6.—(1) The Secretary of State must grant an approval, authorisation, licence or registration under these Regulations if the Secretary of State is satisfied that the provisions of the Community TSE Regulation and these Regulations will be complied with.
(2) It must be in writing, and must specify—
(a)
(a) the address of the premises;
(b)
(b) the name of the occupier; and
(c)
(c) the purpose for which it is granted.
(3) It may be made subject to such conditions as are necessary to—
(a)
(a) ensure that the provisions of the Community TSE Regulation and these Regulations will be complied with; or
(b)
(b) protect public or animal health.
(4) Where refusing to grant an approval, authorisation, licence or registration, or...
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