Specified Bovine Offal Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/1928 |
1995 No. 1928
ANIMALSANIMAL HEALTH
The Specified Bovine Offal Order 1995
Made 20th July 1995
Coming into force 15th August 1995
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 8(1) and 72(a) of the Animal Health Act 1981,1as applied by the Zoonoses Order 1988,2and the Minister of Agriculture, Fisheries and Food in exercise of the powers conferred on him by section 11 of that Act, and of all other powers enabling them in that behalf, hereby make the following Order:
Citation and commencement
1. This Order, which relates to material which may contain the agent causing bovine spongiform encephalopathy and which implements in respect of specified bovine offal—
(a) paragraphs 1(b) and 3(a) of Article 3 of Commission Decision 94/474/EC(concerning certain protection measures relating to bovine spongiform encephalopathy and repealing Decisions 89/469/EECand 90/200/EEC);3and
(b) the provisions relating to animal waste of Council Directive 90/667/EEC(laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC),4
may be cited as the Specified Bovine Offal Order 1995 and shall come into force on 15th August 1995.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
“approved” means approved by the appropriate Minister;
“enforcement authority” means the appropriate body specified in article 25 below;
“feedingstuff” includes petfood;
“food” has the same meaning as in the Food Safety Act 1990;5
“intestines” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum;
“sell” includes have in possession for sale or offer or expose for sale;
“skull” does not include the bones of the lower mandible, those of the hyoid apparatus or those anterior to a transverse section formed between the posterior molars of the upper jaw and a point 30 millimetres anterior to both orbits;
“slaughterhouse” means any building, premises or place for slaughtering animals the flesh of which is intended for sale for human consumption;
“specified bovine offal” means—
(a) the brain, spinal cord, spleen, thymus, tonsils and intestines of a bovine animal six months old or over which has died in the United Kingdom or has been slaughtered there;
(b) the thymus and intestines of a bovine animal two months old or over but less than six months old which has died in the United Kingdom or has been slaughtered there;
(c) the thymus and intestines of a bovine animal under two months old which has been slaughtered in the United Kingdom for human consumption,
and includes anything left attached to such organ after dissection of the carcase and any animal matter which comes into contact with the organ after it has been removed from the carcase, but does not include a whole carcase;
“tallow” means fat derived from animal tissues by a process of cooking.
(2) Any reference to a head means the head of a bovine animal six months old or over.
(3) For the purposes of this Order the supply of food or feedingstuffs otherwise than by sale at, in or from any place where food or feedingstuffs are supplied in the course of a business, shall be deemed to be a sale.
Approvals
3.—(1) The appropriate Minister may, on application, approve any premises for the purpose of this Order if he is satisfied that such premises are properly equipped to carry out the functions to which the approval relates and comply with the requirements of this Order.
(2) Any approval granted under this Order shall be in writing and may be made subject to conditions and be amended, suspended or revoked at any time by notice in writing served on the person to whom the approval was granted if the appropriate Minister is satisfied that the conditions of this Order, or any additional conditions in the approval, are not being complied with.
Specified bovine offal for human consumption
4.—(1) No person shall sell any specified bovine offal, or any food containing specified bovine offal, for human consumption.
(2) No person shall use any specified bovine offal in the preparation of food for sale for human consumption.
(3) No person shall sell any specified bovine offal for use in the preparation of food for human consumption.
(4) For the purposes of this article “specified bovine offal” includes anything derived from it.
Specified bovine offal for animal consumption
5.—(1) No person shall sell any specified bovine offal, or any feedingstuff containing specified bovine offal, for feeding to animals.
(2) No person shall use any specified bovine offal in the preparation of any feedingstuff for animals.
(3) No person shall sell any specified bovine offal for use in the preparation of any feedingstuff for animals.
(4) No person shall feed to an animal any specified bovine offal or any feedingstuff containing specified bovine offal.
(5) For the purposes of this article “specified bovine offal” includes anything derived from it other than fatty acids which have been extracted from tallow subjected to thermal hydrolysis at hyperbaric pressure.
Initial treatment of specified bovine offal in a slaughterhouse
6.—(1) When a bovine animal is slaughtered in a slaughterhouse, or slaughtered elsewhere than in a slaughterhouse but brought immediately to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that all specified bovine offal and, in the case of an animal six months old or over, the head are separated from the rest of the carcase.
(2) Subject to the following provisions of this article, the occupier shall ensure that specified bovine offal other than the head is forthwith, and in any event before it is frozen, stained by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051)6in such a way that the colouring is clearly visible over the whole surface of the offal.
(3) The occupier shall ensure that the specified bovine offal does not come into contact with any other animal material while in the slaughterhouse and that it is disposed of in accordance with this Order.
(4) Material which is not specified bovine offal may be separated from intestines which have been removed from the carcase before the intestines are stained.
(5) Subject to paragraph (6) below, the occupier shall ensure that, where a head is removed in accordance with paragraph (1) above, it is either—
(a)
(a) stained and disposed of as specified bovine offal; or
(b)
(b) kept separate from all other animal material other than unstained bovine heads and sent to an approved head boning plant in accordance with article 14 below.
(6) Paragraph (5) above shall not apply in the case of meat (other than brains and eyes) or bones (other than bones forming the skull) removed from the head on the premises without disturbing the skull.
(7) In the case of specified bovine offal which is intended to be examined by or on behalf of an officer of the appropriate Minister or a veterinary surgeon, the specified bovine offal shall not be stained until after the completion of such examination.
(8) The requirement to stain specified bovine offal shall not apply in the case of specified bovine offal which is intended to be used for non-food or non-feedingstuff purposes in accordance with article 18 below.
Initial treatment of specified bovine offal elsewhere than in a slaughterhouse
7.—(1) Subject to the following provisions of this article, when specified bovine offal is removed from the carcase of a bovine animal elsewhere than in a slaughterhouse, the occupier of the premises at which the specified bovine offal is removed shall ensure that it is forthwith, and in any event before it is frozen, stained by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051) in such a way that the colouring is clearly visible over the whole surface of the offal.
(2) The occupier shall ensure that the specified bovine offal does not come into contact with any other animal material while on the premises and that it is disposed of in accordance with this Order.
(3) In the case of specified bovine offal which is intended to be examined by or on behalf of an officer of the appropriate Minister or a veterinary surgeon, the specified bovine offal shall not be stained until after the completion of such examination.
(4) The requirement to stain specified bovine offal shall not apply in the case of specified bovine offal which is intended to be used for non-food or non-feedingstuff purposes in accordance with article 18 below.
Rendering whole carcases
8. Any person rendering a whole bovine carcase shall do so in accordance with article 17 below in the same way as if the carcase were specified bovine offal.
Exceptions from the requirement to stain specified bovine offal
9. The requirement in articles 6 and 7 above to stain specified bovine offal shall not apply if the specified bovine offal is to be sent to a veterinary or medical school, laboratory, hospital or similar institution for instructional, diagnostic or research purposes, provided that the specified bovine offal is stored...
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