The Transmissible Spongiform Encephalopathies (England) Regulations 2018

Publication Date:January 01, 2018
 
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2018No. 731

ANIMALS, ENGLAND

ANIMAL HEALTH

The Transmissible Spongiform Encephalopathies (England) Regulations 2018

Made13thJune2018

Laid before Parliament18thJune2018

Coming into force19thJuly2018

The Secretary of State makes the following Regulations under the powers conferred by section 2(2) and Schedule 2 to the European Communities Act 1972( 1).

The Secretary of State is designated( 2) for the purposes of section 2(2) of that Act in relation to measures in the veterinary and phytosanitary fields for the protection of public health.

The Secretary of State has consulted as required by Article 9 of Regulation (EC) No 178/2002( 3) 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 safety.

PART 1

General provisions

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Transmissible Spongiform Encephalopathies (England) Regulations 2018 and come into force on 19th July 2018.

(2) They extend to England and Wales but apply in England only.

Interpretation

2. In these Regulations—

“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 2007( 4);

“Commission Decision 2007/411/EC” means Commission Decision 2007/411/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 the EU TSE Regulation( 5);

“cutting plant” (except in paragraph 4(3)(b)(iii) of Schedule 7) has the meaning given to it in paragraph 1(17) of Annex 1 to Regulation (EC) No 853/2004( 6), and is an establishment that is approved or conditionally approved as such by the Food Standards Agency( 7) under Article 31(2) of Regulation (EC) No 882/2004( 8), or operating as such under Article 4(5) of Regulation (EC) No 853/2004, pending such approval;

“EU TSE Regulation” means Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies( 9), as read with—

(a) Commission Decision 2007/411/EC;

(b) Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk( 10); and

(c) Commission Decision 2009/719/EC authorising certain Member States to revise their annual BSE monitoring programme( 11);

“holding” includes—

(a) domestic premises if they are being used for any purpose in connection with these Regulations;

(b) land and outbuildings;

(c) a slaughterhouse;

(d) a cutting plant;

(e) a game-handling establishment;

(f) a place that is, for the purposes of point 4(1)(a) of Annex 5, another place of slaughter;

“inspectors” and “veterinary inspectors” are appointed and authorised under regulation 13;

“local authority” means a county council, a district council, a London borough council, the Common Council of the City of London and the Council of the Isles of Scilly;

“offal” has the meaning given in point 1.11 of Annex 1 to Regulation (EC) No. 853/2004;

“Regulation (EC) No 853/2004” means the Regulation of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin, as read with—

(a) Directive 2004/41/EC of 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( 12);

(b) Commission Regulation (EC) No 1688/2005 implementing Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs( 13); and

(c) Commission Regulation (EC) No 2074/2005 laying down implementation measures for certain products under Regulation (EC) No 853/2004( 14);

“slaughterhouse” has the meaning given in paragraph 1(16) of Annex 1 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” means the tissues specified in Annex 5 of the EU TSE Regulation, and unless otherwise indicated, it does not include products containing or derived from those tissues;

“TSE” means transmissible spongiform encephalopathy;

“the TSE requirements” means those requirements set out in regulation 5 and Schedule 1;

“third country” means any country that is not a member of the EU;

“trained person” means a 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.

(2) “Regulation (EC) No 882/2004” means the Regulation of 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( 15), as read with—

(a) Commission Regulation (EC) No 2074/2005; and

(b) Commission Regulation (EC) No 2076/2005;

(3) References in this instrument to Articles or Annexes are to Articles and Annexes in the EU TSE Regulation unless otherwise stated.

(4) Expressions that are not defined in these Regulations and occur in the EU TSE Regulation have the same meaning in these Regulations as they have for the purposes of the EU TSE Regulation.

Appointment of competent authority

3. The Secretary of State is the competent authority for the purposes of the EU TSE Regulation except as otherwise specified in paragraph 1 of Schedule 7.

Exception for research

4.—(1) The TSE requirements do not apply in relation to animals kept for the purposes of research in a holding approved for that purpose under this regulation by the Secretary of State.

(2) If a bovine, ovine or caprine animal which is kept in an approved research holding dies or is killed, it is a TSE requirement for the occupier to dispose of it as a Category 1 animal by-product in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products not intended for human consumption( 16), as implemented by Commission Regulation (EU) No. 142/2011( 17).

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 Secretary of State 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 a TSE, the veterinary surgeon must immediately notify the Secretary of State 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 Secretary of State, 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 of samples by an inspector resulting from the Secretary of State'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) any instructions given by an inspector and co-operate with the Secretary of State in delivering the TSE monitoring requirements in Annex 3;

(b) any instructions given by an inspector and co-operate with the Secretary of State in taking action to control and eradicate a TSE in Annex 7;

(c) the requirements in Annex 4 for the production, use of equipment, packaging, storage and transport of animal feed;

(d) the animal feeding requirements in Annex 4;

(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) the requirements for dealing with specified risk material in Article 8 and Annex 5 and Schedule 7;

(g) the restrictions in Annex 8 and Schedule 8 concerning the placement of animals or products on the market or for export.

Application of the Schedules

6.—(1) The following Schedules apply.

(2) Schedule 2 sets out the requirements for TSE monitoring, approval of laboratories and compensation payable to the occupier of the slaughterhouse.

(3) Schedule 3 provides for the control of TSE in bovines and the compensation payable to the owner for any bovine animal killed.

(4) Schedule 4 provides for the control of TSE in ovines and caprines and the compensation payable to the owner for any ovine or caprine animal killed and for any semen, embyros, ova milk and milk products destroyed.

(5) Schedule 5 provides for the control of TSE in animals other than bovines, ovines or caprines and the compensation payable to the owner for any such animal killed.

(6) Schedule 6 provides for the slaughter of animals that have had access to unlawful feedingstuffs, the payment of compensation and the restriction and disposal of such feedingstuffs.

(7) Schedule 7 sets out the requirements for dealing with specified risk material, mechanically separated meat and slaughtering techniques.

(8) Schedule 8 sets out certain restrictions on placing on the market and export.

PART 3

Administration and enforcement

Approvals, authorisations, licences and registrations

7.—(1) The Secretary of State must grant an approval, authorisation, licence or registration under...

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