The TSE (Scotland) Amendment (No. 2) Regulations 2005 No. 469

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Statutory Instruments of the Scottish Parliament

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SCOTTISH STATUTORY INSTRUMENTS

2005 No. 469
ANIMAL HEALTH
The TSE (Scotland) Amendment (No. 2) Regulations 2005

	Made	28th September 2005
	Laid before the Scottish Parliament	29th September 2005
	Coming into force	7th November 2005

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, after consultation as 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 safety[2], hereby make the following Regulations:

Citation and Commencement
     1. These Regulations may be cited as the TSE (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 7th November 2005.

Amendment of the TSE (Scotland) Regulations 2002
     2. The TSE (Scotland) Regulations 2002[3] are amended in accordance with regulations 3 to 14.

     3. In regulation 3(1) (interpretation)–

" "the Community Transitional Measures" means–

(a) Commission Regulation (EC) No. 1248/2001 of 22nd June 2001 amending Annexes III, X and XI to Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards epidemio-surveillance and testing of transmissible spongiform encephalopathies[

(b) at the end of the definition of "inspector", add–

" "young goat stamp" means the stamp described as such in regulation 41(2); and

"young lamb stamp" means the stamp described as such in regulation 41(2).".

4. After regulation 10 (notifications), insert–

" Slaughter of bovine animals over 30 months of age

10A.

—(1) No person shall carry on the business of a slaughterhouse for the slaughter of a relevant bovine animal unless that person has agreed in writing with an OVS the Required Method of Operation in respect of the slaughter of relevant bovine animals at the slaughterhouse in question.

(2) Without prejudice to the inclusion in it of other provisions, a relevant agreement shall contain provisions stating how each requirement referred to in Schedule 1A is to apply in respect of the Required Method of Operation at the slaughterhouse in question.

(3) A relevant agreement (irrespective of its content) may be suspended or revoked by the OVS by notice in writing served on the occupier if the OVS is of the opinion that it is not being complied with, or if a reasonable proposed alteration of the agreement suggested by the OVS in writing to the occupier has not been accepted by the occupier within 7 days; and if the OVS suspends or revokes the agreement–

(4) The occupier of the slaughterhouse shall ensure that the provisions contained in the relevant agreement relating to that slaughterhouse are complied with in relation to each relevant bovine animal slaughtered there.

(5) Where a relevant bovine animal is slaughtered otherwise than in accordance with the provisions contained in the relevant agreement relating to the slaughterhouse in question, an inspector may give to the occupier of that slaughterhouse a direction for the disposal of–

(6) Where an inspector gives a direction under paragraph (5), the owner of the carcase shall not be entitled to any compensation under these Regulations in respect of that carcase and the other parts of the body of the animal including the blood and the hide.

(7) If a person to whom a direction is given under paragraph (5) fails to comply with the direction, an inspector may arrange for it to be complied with–

(8) Paragraphs (5) to (7) are without prejudice to paragraph (3) or to any proceedings arising out of a contravention of paragraph (1) or a failure to comply with paragraph (4).

(9) In this regulation–

(a) "relevant agreement" means an agreement referred to in paragraph (1);

(b) "relevant bovine animal" means a bovine animal over 30 months of age any part of which is intended for human consumption other than a bovine animal which belongs to a herd registered under the Beef Assurance Scheme pursuant to regulation 4 of the Fresh Meat (Beef Controls) (No. 2) Regulations 1996[

Consignment of over age animals to a slaughterhouse
10B. —(1) Subject to paragraph (2), no person shall consign to a slaughterhouse a live or dead bovine animal born or reared in the United Kingdom prior to 1st August 1996.

(2) Paragraph (1) shall not prohibit a person from consigning a bovine animal to a slaughterhouse under the purchase scheme introduced under Commission Regulation (EC) No. 716/96[12] adopting exceptional support measures for the beef market in the United Kingdom, as amended by Commission Regulations (EC) No. 774/96[13], No. 1974/96[14], No. 2149/96[15], No. 1365/97[16] and No. 667/2003[17].".

5. In regulation 23 (production of feedingstuffs containing fishmeal), for paragraphs (1), (2) and (3) substitute–

" (1) No person shall use any premises for the production of feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants other than in accordance with–

(2) The Scottish Ministers shall authorise premises under this regulation if, following an inspection of the premises by a veterinary inspector, they are satisfied that the premises are capable of being operated in accordance with the relevant requirements of Annex IV.

(3) In paragraphs (1) and (2), "Annex IV" means Annex IV to the Community TSE Regulation.".

6. For regulation 25 substitute–

" Use and storage of feedingstuffs containing dicalcium phosphate or hydrolysed protein

25.

—(1) Subject to paragraph (2) below, no person shall use or store any feedingstuff, other than pet food referred to in chapter 4 of Annex I to Council Directive 92/118/EEC, containing any–

on a farm where ruminant animals are kept, fattened or bred for the production of food.

(2) Paragraph (1) shall not apply to the use or storage of any feedingstuff containing any dicalcium phosphate derived from defatted bones or hydrolysed protein on any farm where ruminant animals are kept if measures are implemented on the farm which are sufficient to prevent the feedingstuff being fed to those ruminant animals.".

7. After regulation 25, insert–

" Use and storage of feedingstuffs containing fishmeal

25A.

—(1) In accordance with the condition contained in paragraph 2.I.B.(f) of Annex IV to the Community TSE Regulation, no person shall use or store any feedingstuffs containing fishmeal on a farm where ruminant animals are kept, fattened or bred for the production of food.

    (2) Paragraph (1) shall not apply where the Scottish Ministers register premises for the use or storage of feedingstuffs containing fishmeal in accordance with paragraph (3).

    (3) The Scottish Ministers shall register premises under this regulation where the occupier declares that measures are implemented on the premises in question to prevent the feeding of feedingstuffs containing fishmeal to ruminant animals.

Samples sent to laboratories and reporting requirements

25B.

—(1) Any occupier of premises producing feedingstuffs who sends a sample to a laboratory for testing for any purpose in connection with the requirements of Annex IV of the Community TSE Regulation before 1st January 2006 shall supply in writing with the sample–

(2) The occupier shall also supply in writing with the sample–

(b) details of the species of animal for which the feedingstuff or ingredient is intended.

(3) Any–

shall inform the Scottish Ministers with all practicable speed if there is any evidence arising from that sample of a breach of these Regulations or of Annex IV to the Community TSE Regulation.".

8. In regulation 33 (removal of specified risk material from carcases in slaughterhouses)–

(a) for paragraph (1), substitute–

" (1) In the case of a bovine animal which is slaughtered in a slaughterhouse, or slaughtered elsewhere then brought to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that–

(1A) No person shall label the carcase, or any part of the carcase of a bovine animal containing vertebral column which is specified risk material in accordance with point 14(a) of Annex XI to the Community TSE Regulation as if it was a carcase, or part of a carcase, containing vertebral column which is not specified risk material."; and

(b) omit paragraph (3).

9. In regulation 36 (removal of vertebral column of bovine animals) for paragraphs (1) and (2) substitute–

" (1) Where the carcase of a bovine animal containing vertebral column–

the occupier of that cutting premises shall ensure that the vertebral column is removed from the rest of the carcase at the premises as soon as is practicable after the arrival of the carcase there and before the carcase is presented for inspection pursuant to regulation 37(3) below.

(2) In this regulation, "carcase" means–

containing no specified risk material other than the vertebral column.".

10. In regulation 39(1) (staining of specified risk material) for "7" substitute "11".

11. For regulation 41 (young lamb stamp), substitute–

" Young lamb stamp and young goat stamp

41.

—(1) Where a sheep or a goat is slaughtered in a slaughterhouse and at the time of slaughter–

the carcase of the animal shall be marked with the young lamb stamp or the young goat stamp as appropriate.

(2) The young lamb stamp and the young goat stamp shall consist of a circular mark 5 centimetres in diameter containing in legible form in capital letters 1 centimetre high–

(3) No person other than–

shall apply the young lamb stamp or the young goat stamp or possess the equipment for applying such a stamp.

(4) No person shall use a stamp resembling the young lamb stamp or the young goat stamp in such a way as to be likely to suggest that the carcase of any animal other than an animal referred to in paragraph (1) is such a carcase.

(5) In relation to any slaughterhouse or cutting premises, the Agency may appoint as meat technicians such persons as are necessary to assist the OVS and inspectors in carrying out their functions under paragraph (3).".

     12. —(1) In regulation 42(1) and (2), after "young lamb stamp", insert ", or young goat stamp, as the case may be,".

    (2) In regulations 43(1) and 44, after "young lamb stamp", insert ", or young goat stamp, as the case may be".

     13. In regulation 97(1) (offences and penalties), after "Regulations" insert ", a direction of an inspector under regulation 10A,".

     14. After Schedule 1 (compensation), insert Schedule 1A set out in the Schedule to these Regulations.

ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
28th September 2005

SCHEDULERegulation 14

" SCHEDULE 1A

Regulation 10A

REQUIREMENTS TO BE COVERED BY AGREEMENTS RELATING TO THE SLAUGHTER OF BOVINE ANIMALS OVER 30 MONTHS OF AGE

Animal identification and separation
1. There must be a reliable system for identifying on arrival at the slaughterhouse–

(e) bovine animals referred to in (a) or (b) which have, or are suspected of having–

which may make their meat unfit for human consumption.

     2. There must be a reliable system for ensuring that no bovine animal born or reared in the United Kingdom before 1st August 1996 is slaughtered for human consumption.

     3. Bovine animals which are over 30 months of age but born on or after 1st August 1996 must be clearly identified.

     4. Bovine animals which are over 30 months of age but born on or after 1st August 1996 and the bovine animals which are 30 months of age and under must be separated into batches for separate slaughter.

Brain stem sampling
     5. There must be sufficient slaughterhouse staff trained and competent in the taking, labelling, packaging and despatch of brain stem samples. Health and Safety guidelines to minimise the risk of exposure to bovine spongiform encephalopathy must be followed and hygienic facilities must be provided. Sampling procedures must not jeopardise the hygienic production of meat intended for human consumption.

Correlation of sample to carcase and all other body parts
     6. There must be a reliable system for linking the brain stem sample of each bovine animal over 30 months of age to the carcase of that animal and all other parts of the body of that animal including the blood and the hide.

Retention of carcases and all other body parts
     7. Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there must be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that the carcase of a bovine animal tested for bovine spongiform encephalopathy ("the tested animal") plus the carcases of–

on the slaughter line are retained in slaughter order either in a sealed chiller or on a sealed rail in an unsealed chiller, pending the receipt of the results of the rapid test.

8. Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there must also be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that the carcase of a bovine animal tested for bovine spongiform encephalopathy is retained in either a sealed chiller or on a sealed rail in an unsealed chiller, pending receipt of the results of the rapid test.

9. There must be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that–

(b) mixed batches of the body parts of a tested animal and any other bovine animal,

are disposed of by incineration or, with the exception of the hides, retained at the slaughterhouse until rapid test results are available.

     10. Hides not retained at the slaughterhouse must be retained at premises under official control until rapid test results are available.

Delivery of sample to testing laboratory
     11. Brain stem samples for testing for bovine spongiform encephalopathy must be packaged and delivered to the approved testing laboratory in a testable condition. The samples shall be packaged and labelled in accordance with packaging instructions P650 of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1st January 2005)[18].

Receipt of rapid test results by the slaughterhouse
     12. There must be a system for the receipt of the correct test results from the laboratory, either by fax, or by other electronic means.

Action following a positive or ‘no test' result
     13. Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there must be effective arrangements to ensure that the carcase and all other parts of the body, including the blood and the hide ("the whole body") of any bovine animal which tested positive for bovine spongiform encephalopathy ("the BSE positive animal"), plus the whole body of the bovine animal immediately preceding the BSE positive animal and of the two bovine animals immediately following the BSE positive animal on the slaughter line (including any batched materials), are identified and disposed of by incineration.

     14. Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases, effective arrangements must be in place to ensure that the whole body of any BSE positive animal is identified and disposed of by incineration.

     15. Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases, effective arrangements must be in place to ensure that the whole body of any bovine animal, samples of which cannot be tested for any reason ("the no test animal"), plus the whole body, excluding the hide if separately identified, of the bovine animal immediately preceding the no test animal and of the two bovine animals immediately following the no test animal on the slaughter line (including any batched materials) are identified and disposed of by incineration.

     16. Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases, effective arrangements must be in place to ensure that the whole body of any bovine animal, samples of which cannot be tested for any reason, is identified and disposed of by incineration.

Removal of vertebral column in cutting premises licensed under regulation 56(1)
     17. Effective arrangements must be in place to ensure that the vertebral column is not removed from the carcase of a bovine animal over 30 months of age which has tested negative for bovine spongiform encephalopathy in the slaughterhouse but that it is removed from the carcase in cutting premises licensed under regulation 56(1).

Testing of the effectiveness of the controls put in place
     18. Before the first occasion on which the occupier of a slaughterhouse slaughters a bovine animal over 30 months of age any part of which is intended for human consumption, there must be a test of all the control procedures referred to in the requirements set out in paragraphs 1 to 10 of this Schedule by means of a trial using bovine animals under 30 months old, which demonstrates that all of the control procedures are effective.".

Notes:

[1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) ("the 1998 Act"), Schedule 8, paragraph 15(3). The functions conferred on the Minister of the Crown under section 2(2) of the 1972 Act, so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not so transferred, and in so far as exercisable in relation to food (including drink) including the primary production of food, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).back

[2] O.J. No. L 31, 1.2.02, p.1, as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4).back

[3] S.S.I. 2002/255 as amended by S.S.I. 2003/198 and 411, 2004/277 and 2005/173.back

[4] O.J. No. L 173, 27.6.01, p.12.back

[5] O.J. No. L 177, 30.6.01, p.60.back

[6] O.J. No. L 45, 15.2.02, p.4.back

[7] O.J. No. L 225, 22.8.02, p.3.back

[8] O.J. No. L 160, 28.6.03, p.22.back

[9] O.J. No. L 274, 24.8.04, p.3.back

[10] O.J. No. L 163, 23.6.05, p.1.back

[11] S.I. 1996/2097; the relevant amending instrument is S.I. 2000/656.back

[12] O.J. L 99, 20.4.96, p.14.back

[13] O.J. L 104, 27.4.96, p.21.back

[14] O.J. L 262, 16.10.96, p.2.back

[15] O.J. L 288, 9.11.96, p.14.back

[16] O.J. L 188, 17.7.97, p.6.back

[17] O.J. L 96, 12.4.03, p.13.back

[18] Current edition (2005); ISBN 92-1-139097-4.back

ISBN 0 11 069723 5

Prepared 5 October 2005

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	Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The TSE (Scotland) Amendment (No. 2) Regulations 2005 No. 469 URL: http://www.bailii.org/scot/legis/num_reg/2005/20050469.html