S.I. No. 550 of 2002

EUROPEAN COMMUNITIES (DISEASES OF ANIMALS ACT 1966 (TRANSMISSiBLE SPONGIFORM ENCEPHALOPATHIES) (MEAT AND BONE MEAL AND POULTRY OFFAL) ORDER 2002) REGULATIONS 2002

I, Joe Walsh, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ), and for the purpose of giving further effect to Council Decision No. 2000/766/EC of 4 December 2000¹ as amended by Commission Regulation (EC) No. 1326/2001 of 29 June 2001² and Commission Decision No. 2002/246/EC of 27 March 2002³ , Commission Decision No. 2001/9/EC of 29 December 2000⁴ as amended by Commission Decision No. 2001/165/EC of 27 February 2001⁵ and Commission Decision No. 2002/246/EC of 27 March 2002³ and Regulation No. (EC) 99/2001 of the European Parliament and the Council of 22 May 2001⁶ as amended by Commission Regulation (EC) No. 1248/2001 of 22 June 2001⁷ , Commission Regulation (EC) No. 1326/2001 of 29 June 2001⁸ and Commission Regulation (EC) No. 270/2002 of 14 February 2002⁹ (to the extent that those acts of the institutions of the European Community relate to meat and bone meal and poultry offal), hereby make the following regulations -

1.         These Regulations may be cited as the European Communities (Diseases of Animals Act 1966 (Transmissible Spongiform Encephalopathies) (Meat and Bone Meal and Poultry Offal) Order 2002) Regulations 2002.

2. (1)    In these Regulations, “Principal Order” means the Diseases of Animals Act 1966 (Transmissible Spongiform Encephalopathies) (Meat and Bone Meal and Poultry Offal) Order 2002 ( S.I. No. 551 of 2002 )

(2)    A word or expression that is used in these Regulations and that is also used in the Principal Order has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Principal Order.

3.         If, in proceedings for an offence under the Act in relation to a contravention of the Principal Order, a certificate purporting to be signed by a person authorised by the Minister in that behalf and to certify that on a specified day or during a specified period a person did not hold a licence or a licence of a particular class or description under the Principal Order, the certificate shall, without proof of the signature of the person purporting to sign the certificate or that he or she was so authorised by the Minister, be sufficient evidence, unless the contrary is shown, of the matters stated in the certificate.

4.         If, in proceedings for an offence under the Act in relation to a contravention of the Principal Order, a certificate purporting to be signed by a person who examined or analysed a substance to certify that at the time the substance was analysed or examined -

(a)       one or more bone spicules was present in the sample,

(b)       mammalian meat and bone meal was present in the sample, or

(c)       poultry offal was present in the sample,

the certificate shall, without proof of the signature of the person purporting to sign the certificate or that he or she examined or analysed the substance, be sufficient evidence, unless the contrary is shown, of the matters stated in the certificate.

5.         If, in proceedings for an offence under the Act in relation to a contravention of the Principal Order, it is alleged that mammalian meat and bone meal or poultry offal is present in a substance and if the prosecution proves that one or more bone spicules is or are present in the substance, it shall be for the defence to prove that mammalian meat and bone meal or, as the case may be, poultry offal was not present in the substance.

6.         Articles 7 and 8 of the Diseases of Animals (Bovine Spongiform Encephalopathy) (No. 2) 1996 ( S.I. No. 278 of 1996 ) apply to the Principal Order and a reference to an authorised officer in the first mentioned Order includes a reference to an authorised officer within the meaning of the Principal Order.

EXPLANATORY NOTE.

(This note is not part of the instrument and does not purport to be a legal interpretation).

These Regulations provide technical measures necessary to give full effect to the EU regime in relation to the manufacture, sale, supply feeding, storage and purchase of mammalian meat and bone meal and poultry offal.

Published by the Stationary Office, Dublin

¹ O.J. No. L 306 of 7.12.2000, p.32.

² O.J. No. L 177 of 30.6.2001, p. 60.

³ O.J. No. L 84 of 28.3.2002, p. 71.

⁴ O.J. No. L 2 of 5.1.2001, p. 32.

⁵ O.J. No. L 58 of 28.2.2001, p. 43.

³ O.J. No. L 84 of 28.3.2002, p. 71.

⁶ O.J. No. L 147 of 31.5.2001, p. 1.

⁷ O.J. No. L 173 of 27.6.2001, p. 12.

⁸ O.J. No. L 177 of 30.6.2001, p. 60

⁹ O.J. No. L 45 of 15.2.2002, p. 45.