The Transmissible Spongiform Encephalopathies (Wales) Regulations 2018
2018 No. 968 (W. 195)
Animals, WalesAnimal Health
The Transmissible Spongiform Encephalopathies (Wales) Regulations 2018
Made 4th September 2018
Laid before the National Assembly for Wales 6th September 2018
Coming into force 1st October 2018
The Welsh Ministers have 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 Welsh Ministers make these Regulations under the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19723.
The Welsh Ministers have consulted as required by Article 9 of Regulation (EC) No 178/20024of 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 safety.
PART 1
General Provisions
Title, application and commencement
1.—(1) The title of these Regulations is the Transmissible Spongiform Encephalopathies (Wales) Regulations 2018.
(2) These Regulations apply in relation to Wales.
(3) These Regulations come into force on 1 October 2018.
Interpretation
2.—(1) In these Regulations—
“bovine animal” (“anifail buchol”) includes bison and buffalo (including water buffalo);
“BSE” (“BSE”) means bovine spongiform encephalopathy;
“cattle passport” (“pasbort gwartheg”) has the same meaning as in the Cattle Identification (Wales) Regulations 20075;
“Commission Decision 2007/411/EC” (“Penderfyniad y Comisiwn 2007/411/EC”) means Commission Decision 2007/411/EC6prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1 August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in the EUTSE Regulation;
“compound feed” (“bwyd anifeiliaid cyfansawdd”) means a mixture of at least two feed materials, whether or not containing feed additives, for oral animal-feeding in the form of complete or complementary feed;
“cutting plant” (“safle torri”) has the meaning given to it in paragraph 1.17 of Annex I to Regulation (EC) No 853/20047, and is an establishment that is approved or conditionally approved as such by the Food Standards Agency8under Article 31(2) of Regulation (EC) No 882/20049, or operating as such under Article 4(5) of Regulation (EC) No 853/2004, pending such approval;
“the EUTSE Regulation” (“Rheoliad TSE yr UE”) means Regulation (EC) No 999/200110of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as read with—
(a) Commission Decision 2007/411/EC;
(b) Commission Decision 2007/453/EC11establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk; and
(c) Commission Decision 2009/719/EC12authorising certain Member States to revise their annual BSE monitoring programme;
“inspector” (“arolygydd”) means an inspector appointed under regulation 13, and “veterinary inspector” (“arolygydd milfeddygol”) means a veterinary surgeon appointed by the Welsh Ministers as an inspector;
“local authority” (“awdurdod lleol”) means in relation to an area the county council or county borough council for that area;
“offal” (“offal”) has the meaning given to it in point 1.11 of Annex I to Regulation (EC) No 853/2004;
“premises” (“mangre”) includes—
(a) domestic premises if they are being used for any purpose in connection with the EUTSE Regulation or these Regulations;
(b) land and outbuildings;
(c) a slaughterhouse;
(d) a cutting plant;
(e) a place that is, for the purposes of point 4.1(a) of Annex V, another place of slaughter; and
(f) any vehicle, container or structure (moveable or otherwise);
“Regulation (EC) No 853/2004” (“Rheoliad (EC) Rhif 853/2004”) means Regulation (EC) No 853/2004of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin, as read with—
(a) Directive 2004/41/EC13of 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;
(b) Commission Regulation (EC) No 1688/200514implementing 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 eggs; and
(c) Commission Regulation (EC) No 2074/200515laying down implementing 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 852/200416of the European Parliament and of the Council and amending Regulations (EC) No 853/2004and (EC) No 854/2004;
“Regulation (EC) No 882/2004” (“Rheoliad (EC) Rhif 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 rules, as read with Commission Regulation (EC) No 2074/2005and Commission Regulation (EC) No 2076/2005;
“Regulation (EC) No 1069/2009” (“Rheoliad (EC) Rhif 1069/2009”) means Regulation (EC) No 1069/200917of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption, as implemented by Commission Regulation (EU) No 142/201118;
“slaughterhouse” (“lladd-dy”) has the meaning given to it in paragraph 1.16 of Annex I to Regulation (EC) No 853/2004, and is an establishment that is approved or conditionally approved as such by the Food Standards Agency under Article 31(2) of Regulation (EC) No 882/2004;
“specified risk material” (“deunydd risg penodedig”) means the tissues specified in Annex V of the EUTSE Regulation, and unless otherwise indicated, it does not include products containing or derived from those tissues;
“third country” (“trydedd wlad”) means any country which is not a member of the European Union;
“trained person” (“person wedi ei hyfforddi”) means any person who—
(a) has received training to take samples from dead bovine animals, and
(b) the site operator is satisfied is competent to carry out such sampling;
“TSE” (“TSE”) means transmissible spongiform encephalopathy;
“the TSE requirements” (“y gofynion TSE”) means those requirements of the EUTSE Regulation set out in regulation 5 and Schedule 1.
(2) Expressions that are not defined in these Regulations and occur in the EUTSE Regulation have the same meaning in these Regulations as they have for the purposes of the EUTSE Regulation.
(3) References in these Regulations to Articles or Annexes are to Articles and Annexes in the EUTSE Regulation unless stated otherwise.
Appointment of competent authority
3. The Welsh Ministers are the competent authority for the purposes of the EUTSE Regulation except as otherwise specified in these Regulations.
Animals intended 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 Welsh Ministers.
(2) If a bovine, ovine or caprine animal kept in 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 1069/2009, and failure to do so is an offence.
PART 2
TSE Controls
The TSE Requirements
5.—(1) For the purposes of Article 11, where a person has in their possession or under their control any animal suspected of being infected with a TSE that person must immediately notify the Welsh Ministers and detain the animal on the holding until it has been examined by a veterinary inspector.
(2) Where a veterinary surgeon examines or inspects an animal and reasonably suspects the animal of being infected with TSE, the veterinary surgeon must immediately notify the Welsh Ministers of that suspicion.
(3) Where a person examines the carcase of an animal in a laboratory and reasonably suspects the presence of a TSE, that person must immediately notify the Welsh Ministers, and retain the carcase until a veterinary inspector has authorised disposal.
(4) The TSE requirements in Schedule 1 apply.
(5) The occupier of a slaughterhouse must comply with the requirement to take samples or to facilitate the taking samples by an inspector resulting from the Welsh Minister’s TSE monitoring requirements in Annex 3.
(6) In accordance with Article 12, a person with animals placed under an official movement restriction must comply with—
(a)
(a) any instructions given by an inspector and co-operate with the Welsh Ministers in delivering the TSE monitoring requirements in Annex III;
(b)
(b) any instructions given by an inspector and co-operate with the Welsh Ministers in taking action to control and eradicate a TSE in Annex VII;
(c)
(c) the requirements in Annex IV for the production, use of equipment, packaging, storage and transport of animal feed;
(d)
(d) the animal feeding requirements in Annex IV;
(e)
(e) the prohibitions concerning animal feeding in Article 7, unless the animal feed products are produced using production and manufacturing processes approved by the EU Commission;
(f)
(f) the requirements for dealing with specified risk material in Article 8 and Annex V and Schedule 7;
(g)
(g) the restrictions in Annex VIII...
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