The TSE (Scotland) Amendment (No. 2) Regulations 2006 No. 231

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Statutory Instruments of the Scottish Parliament

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SCOTTISH STATUTORY INSTRUMENTS

2006 No. 231
ANIMALS
ANIMAL HEALTH
The TSE (Scotland) Amendment (No. 2) Regulations 2006

	Made	2nd May 2006
	Laid before the Scottish Parliament	2nd May 2006
	Coming into force	3rd May 2006

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 2006 and shall come into force on 3rd May 2006.

Amendment of the TSE (Scotland) Regulations 2002
     2. The TSE (Scotland) Regulations 2002[3] are amended in accordance with regulations 3 to 21.

     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) in the definition of "occupier", after "slaughterhouse," insert ", butcher shop"; and

(c) in the definition of "specified risk material" omit item (i).

4. Omit regulation 10B.

5. After regulation 10A (slaughter of bovine animals over 30 months of age) insert–

" PART IIA
Placing on the market and export
Consignment of over age bovine animals for human consumption

10B.

—(1) Subject to paragraph (2), no person shall consign to a slaughterhouse for human consumption a live or dead bovine animal born or reared in the United Kingdom before 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[

Disposal of over age bovine animals consigned for human consumption

10C.

—(1) Where a bovine animal is consigned to a slaughterhouse in contravention of regulation 10B an inspector may give to the occupier of the slaughterhouse a direction for–

(2) Any direction given under this regulation shall be complied with at the expense of the person to whom the direction is given.

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

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

Slaughter of over age animals
     10D. No occupier of a slaughterhouse shall, in that slaughterhouse, slaughter for human consumption a bovine animal born or reared in the United Kingdom before 1st August 1996.

Restrictions on dispatch to other member States or third countries
     10E. —No person shall dispatch to another member State or third country–

(a) a bovine animal born or reared in the United Kingdom before 1st August 1996;

(b) meat or products derived from a bovine animal born or reared in the United Kingdom after 31st July 1996 and slaughtered before 15th June 2005; or

(c) vertebral column from a bovine animal born or reared in the United Kingdom after 31st July 1996 and slaughtered before 2nd May 2006 or products derived from such vertebral column.".

6. In regulation 32 (removal of specified risk material) for "33 to 37" substitute "33, 37 and 55A".

7. In regulation 33(1) (removal of specified risk material from carcases in slaughterhouses)–

(a) in sub-paragraph (b) after "Community TSE Regulation" insert "and provide information in accordance with point 14(b) of that Part";

(b) for sub-paragraph (c) substitute–

8. In regulation 36 (removal of vertebral column of bovine animals)—

(a) for paragraph (1) substitute–

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

(b) is imported and transported in accordance with the Community TSE Regulations or the Community Transitional Measures and is consigned to a licensed cutting premises;

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

(b) in paragraph (3) after "slaughterhouse" insert ", butcher shop".

9. In regulation 37(3) (inspection of carcases in slaughterhouses and cutting premises) after "slaughterhouse" insert ", butcher shop".

10. In regulation 39 (staining of specified risk material)–

(a) in paragraph (2) after "slaughterhouse" insert ", butcher shop";

(b) in paragraph (4) omit "except that, if the tongue is to be removed, this shall be done immediately after slaughter and the head shall be stained immediately after the removal of the tongue"; and

(c) in paragraphs (7) and (8) after "licensed" insert "or authorised and registered".

11. After regulation 49 (mechanically separated meat) insert–

" Tongue Harvesting

49A.

No person shall contravene or fail to comply with point 6 of Part A of Annex XI to the Community TSE Regulation (tongue harvesting).

Head Meat Harvesting

49B.

No person shall contravene or fail to comply with point 7 of Part A of Annex XI to the Community TSE Regulation (head meat harvesting).".

12. In regulation 55(1)(b)(ii) (licensing of premises) for "regulation 36" substitute "regulation 36(1)(a)(i)".

13. After regulation 55 (licensing of premises) insert–

" Butcher Shops

55A.

—(1) Local authorities shall carry out the official inspections required by point 12 of Part A of Annex XI to the Community TSE Regulation in so far as it relates to the removal in butcher shops of those parts of the vertebral column of bovine animals that are specified risk material and shall grant authorisations and effect registration for the purposes of point 10(b) of that Part.

(2) A local authority shall authorise a butcher shop situated within its area to remove those parts of the vertebral column that are specified risk material from bovine animals aged 30 months or less at slaughter and register the shop for that purpose, if the authority is satisfied that the provisions of Part A of Annex XI to the Community TSE Regulations will be complied with.".

14. In regulation 58 (requirements of use of licensed premises) after paragraph (3) insert–

" (4) This regulation shall apply to butcher shops authorised and registered in accordance with regulation 55A as it applies to premises licensed under this part of the Regulations.".

15. After regulation 61 (appeals against/review in relation to suspension and revocation of licences) insert–

" Regulations 57, 59 and 60: application to authorisation and registration of butcher shops

61A.

—(1) Regulations 57, 59 and 60 shall apply to the authorisation and registration of a butcher shop in accordance with regulation 55A as they apply to a licence.

(2) In that application, references to the Licensing Authority shall be read as references to the local authority in whose area the butcher shop is situated.

61B.

—(1) Where in respect of any butcher shop the local authority has given notice of a decision under this Part of the Regulations–

the occupier may, within one month from the date of that notice, appeal against the decision to the sheriff.

(2) An appeal to the sheriff under paragraph (1) shall be by way of summary application.

(3) Where on appeal under this regulation the sheriff determines that the decision of the local authority is incorrect, the authority shall give effect to that determination.".

16. In regulation 70(1)(m) (powers of inspectors) after "licence" in each place that it appears insert "or authorisation and registration".

17. For regulation 92 (offspring slaughter) substitute–

" 92. Schedule 7 to these Regulations shall have effect for the purpose of the enforcement of Article 13(1)(c) of and point 2 of Annex VII to the Community TSE Regulation.".

18. In Part IIB of Schedule 6A, for paragraph 14 substitute–

     " 14. —(1) In accordance with paragraph 6 of Annex VII, the occupier of a holding may apply to the Scottish Ministers asking them to permit before 1st January 2007 the introduction of non-pregnant ewe lambs of unknown genotype as envisaged in that paragraph.

    (2) In accordance with paragraph 9 of Annex VII, the occupier of a holding may apply to the Scottish Ministers in writing asking them to exercise one of the options permitted under that paragraph.

    (3) An application under this paragraph shall be in writing and shall set out in full the reasons for the application.

    (4) After they have considered an application under this paragraph, the Scottish Ministers shall serve a notice on the applicant giving their decision, which must either–

(5) The Scottish Ministers shall not exercise the option permitted under paragraph 7(c) of Annex VII.".

19. In Schedule 7 (offspring slaughter)–

(a) For sub-paragraph 1(1) substitute–

" (1) For the purposes of this Schedule–

"bovine animal" includes bison and buffalo (including water buffalo);

"cattle passport" has the same meaning as in the Cattle Identification Regulations 1998[

"market value" means the price that might reasonably have been obtained for an individual animal at the time of valuation from a purchaser in the open market if the animal were not an offspring animal; and

"offspring animal" means a bovine animal born within two years prior to, or after, clinical onset of BSE in its dam.".

    (4) The Scottish Ministers shall categorise animals as follows, and for the purposes of determining which category the animal falls into, the age of the animal is the age, as shown by its cattle passport, at the date on which the notice in Form OC2 was served.

Categories

Male Female

Beef Sector – non-pedigree animal

Up to and including 3 months Up to and including 3 months

Over 3 months up to and including 6 months Over 3 months up to and including 6 months

Over 6 months up to and including 9 months Over 6 months up to and including 9 months

Over 9 months up to and including 12 months Over 9 months up to and including 12 months

Over 12 months up to and including 16 months Over 12 months up to and including 16 months

Over 16 months up to and including 20 months Over 16 months up to and including 20 months

Over 20 months– Over 20 months–

Breeding bulls

Calved

Other

Not calved

Dairy Sector – non-pedigree animal

Up to and including 3 months Up to and including 3 months

Over 3 months up to and including 6 months Over 3 months up to and including 6 months

Over 6 months up to and including 12 months Over 6 months up to and including 12 months

Over 12 months up to and including 16 months Over 12 months up to and including 16 months

Over 16 months up to and including 20 months Over 16 months up to and including 20 months

Over 20 months Over 20 months–

           Calved

Not calved

Beef Sector – pedigree animal

6 months up to and including 12 months 6 months up to and including 12 months

Over 12 months up to and including 24 months Over 12 months up to and including 24 months

Over 24 months 24 months (not calved)

Calved under 36 months

Calved 36 months and over

Dairy Sector – pedigree animal

Up to and including 2 months Up to and including 2 months

Over 2 months up to and including 12 months Over 2 months up to and including 10 months

Over 12 months up to and including 24 months Over 10 months up to and including 18 months

Over 24 months Over 18 months (not calved)

Calved under 36 months

Calved 36 months and over.

    (5) Where the Scottish Ministers consider that the data to calculate the average price is inadequate, they may pay compensation at–

(6) For buffalo or bison, compensation is the market value.

(7) The market value shall, for the purposes of payment of compensation under this Schedule be determined–

(8) An arbiter appointed or nominated for the purpose of this paragraph shall give to the Scottish Ministers and the owner a certificate in writing of the value that arbiter has determined.

(9) Where an offspring animal is slaughtered as an offspring animal and was certified before slaughter by a veterinary surgeon as–

no compensation shall be payable for the animal under this paragraph.

(10) Where an offspring animal is slaughtered as an offspring animal and was certified in form OC 4 before slaughter by a veterinary surgeon as–

compensation shall be payable for the animal in accordance with the compensation payable under paragraph (3) above for a beef animal of the age of the animal slaughtered.

(11) Where a notice in Form OC 1 has been served on an offspring animal and the animal is slaughtered under section 17 of the Animal Health Act 1981[25] in its application to brucellosis or tuberculosis as an affected animal, an animal exposed to the infection of brucellosis or tuberculosis or an animal which is a reactor, within the meaning of the Brucellosis and Tuberculosis Compensation (Scotland) Order 1978[26] and the notice in Form OC 1 has been withdrawn by the time of such slaughter or is withdrawn at that time, the compensation payable for the animal shall be ascertained in accordance with the Order concerned.

(12) Where a notice in Form OC 1 has been served on an offspring animal and the animal is slaughtered under section 32 of the Animal Health Act 1981 in its application to the disease bovine spongiform encephalopathy as an animal affected or suspected of being affected with that disease, and the notice in Form OC 1 has been withdrawn by the time of such slaughter or is withdrawn at that time, the compensation payable for the animal shall be ascertained in accordance with the provisions of regulation 83 and Part III of Schedule 1 above.".

Notice of requirements relating to an offspring animal (Form OC 1 (Rev. 2/06))

Notice of requirements as respects the animal(s) overleaf (Form OC 1 (Rev. 2/06))

Notice of intended slaughter of an offspring animal (Form OC 2 (Rev. 2/06))

Withdrawal of notice relating to an offspring animal (Form OC 3 (Rev. 2/06))

Veterinary Emergency Slaughter Certificate (Form OC 4 (Rev. 2/06))

Amendments to the Animal and Animal Products (Import and Export) (Scotland) Regulations 2000
20. In paragraph 1 of Schedule 3 to the Animal and Animal Products (Import and Export) (Scotland) Regulations 2000[27] omit sub-paragraphs (d) and (e).

Revocations
21. The enactments specified in the first column of the Schedule to these Regulations shall be revoked to the extent specified in the corresponding entry in the third column of that Schedule.

RHONA BRANKIN
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
2nd May 2006

SCHEDULERegulation 21

Revocations

Column 1– Enactment	Column 2 —References	Column 3 – extent
The Bovines and Bovine Products (Trade) Regulations 1999	S.I. 1999/1103	The whole instrument in so far as it extends to Scotland
The Bovines and Bovine Products (Trade) (Amendment) Regulations 1999	S.I. 1999/1554	The whole instrument in so far as it extends to Scotland
The Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (Scotland) Regulations 2000	S.S.I. 2000/62	Regulation 10(4) and Part IV of Schedule 8
The Bovines and Bovine Products (Trade) Amendment (Scotland) Regulations 2000	S.S.I. 2000/184	The whole instrument
The Bovines and Bovine Products (Trade) Amendment (Scotland) Regulations 2002	S.S.I. 2002/449	The whole instrument
The Food Hygiene (Scotland) Regulations 2006	S.S.I. 2006/3	Paragraphs 30 to 34 of Schedule 7
The Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (Scotland) Regulations 2005	S.S.I. 2005/218	The whole instrument

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the TSE (Scotland) Regulations 2002 (S.S.I. 2002/255) ("the principal Regulations") which give effect in Scotland to the enforcement and administration of 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 (O.J. No. L 147, 31.5.01, p.1) ("the Community TSE Regulation").

They bring up to date the definition of "Community Transitional Measures" in regulation 3 of the principal Regulations (regulation 3).

They insert a new Part IIA into the principal Regulations introducing a power to slaughter, without payment of compensation, animals born before 1st August 1996 which are sent to slaughterhouses for human consumption in breach of the prohibition on such consignation. They make it an offence to slaughter animals born before 1st August 1996 for human consumption. They prohibit the dispatch to other member States or third countries of bovine animals born or reared in the United Kingdom before 1st August 1996, meat or products derived from animals born or reared in the United Kingdom after 31st July 1996 and slaughtered before 15th June 2005 and vertebral column from bovine animals born or reared after 31st July 1996 and slaughtered before 2nd May 2006 or products derived from such vertebral column (regulation 5).

They make amendments to Part IV of the principal Regulations dealing with the removal of specified risk material in slaughterhouses (regulation 7) and cutting premises (regulation 8).

They make consequential amendments, following the amendments made to the definition of specified risk material in the Community TSE Regulation (regulations 3 and 10). They create a new offence associated with head meat harvesting (regulation 11).

They introduce new provisions allowing local authorities to authorise and register butcher shops for the purpose of removing vertebral column that is specified risk material (regulation 13). They make provision allowing occupiers of butcher shops to appeal decisions taken in connection with such authorisation and registration (regulation 15).

They update the reference to the Community TSE Regulation in regulation 92 of the principal Regulations (regulation 17).

They insert a new provision in Schedule 6A to the principal Regulations with a derogation relaxing the restrictions on the type of sheep which can be introduced onto holdings where TSE eradication measures have been applied (regulation 18).

They amend Schedule 7 to the principal Regulations to introduce a new compensation scheme for slaughtered offspring animals (regulation 19).

They make a consequential amendment to the Animal and Animal Products (Import and Export) (Scotland) Regulations 2000 (regulation 20).

They revoke the enactments listed in the Schedule (regulation 21).

A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb's Loan, Edinburgh EH14 1TY and from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.

Notes:

[1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] O.J. No. L 31, 1.2.02, p.1 as 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, 2005/173 and 469 and 2006/3 and 46.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. L160, 28.6.03, p.22.back

[9] O.J. No. L 333, 20.12.03, p.28.back

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

[11] O.J. No. L 10, 13.1.05, p.9.back

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

[13] O.J. No. L 204, 5.8.2005, p.22.back

[14] O.J. No. L 44, 15.2.06, p.9.back

[15] O.J. No. L 116, 29.4.06, p.9.back

[16] O.J. No. L 99, 20.4.96, p.14.back

[17] O.J. No. L 104, 27.4.96, p.21.back

[18] O.J. No. L 262, 16.10.96, p.2.back

[19] O.J. No. L 288, 9.11.96, p.14.back

[20] O.J. No. L 188, 17.7.97, p.6.back

[21] O.J. No. L 96, 12.4.03, p.13.back

[22] O.J. L 337, 22.12.05, p.25.back

[23] S.I. 1998/871, as amended by S.S.I. 2001/445.back

[24] O.J. No. L 125, 12.05.84, p.58.back

[25] 1981, c.22.back

[26] S.I. 1978/1485, as amended by S.S.I. 1981/1448, 1996/1358 and 1998/2181.back

[27] S.S.I. 2000/216, as amended by S.S.I. 2000/300.back

ISBN 0 11 070551 3

Prepared 26 May 2006

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URL: http://www.bailii.org/scot/legis/num_reg/2006/20060231.html

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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 2006 No. 231 URL: http://www.bailii.org/scot/legis/num_reg/2006/20060231.html

Male	Female
Beef Sector – non-pedigree animal
Up to and including 3 months	Up to and including 3 months
Over 3 months up to and including 6 months	Over 3 months up to and including 6 months
Over 6 months up to and including 9 months	Over 6 months up to and including 9 months
Over 9 months up to and including 12 months	Over 9 months up to and including 12 months
Over 12 months up to and including 16 months	Over 12 months up to and including 16 months
Over 16 months up to and including 20 months	Over 16 months up to and including 20 months
Over 20 months–	Over 20 months–
Breeding bulls	Calved
Other	Not calved
Dairy Sector – non-pedigree animal
Up to and including 3 months	Up to and including 3 months
Over 3 months up to and including 6 months	Over 3 months up to and including 6 months
Over 6 months up to and including 12 months	Over 6 months up to and including 12 months
Over 12 months up to and including 16 months	Over 12 months up to and including 16 months
Over 16 months up to and including 20 months	Over 16 months up to and including 20 months
Over 20 months	Over 20 months–
	Calved Not calved
Beef Sector – pedigree animal
6 months up to and including 12 months	6 months up to and including 12 months
Over 12 months up to and including 24 months	Over 12 months up to and including 24 months
Over 24 months	24 months (not calved) Calved under 36 months Calved 36 months and over
Dairy Sector – pedigree animal
Up to and including 2 months	Up to and including 2 months
Over 2 months up to and including 12 months	Over 2 months up to and including 10 months
Over 12 months up to and including 24 months	Over 10 months up to and including 18 months
Over 24 months	Over 18 months (not calved) Calved under 36 months Calved 36 months and over.