United Kingdom Statutory Instruments

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

"BSE" means bovine spongiform encephalopathy;

(a) the address of the premises;

(b) the name of the occupier; and

(c) the purpose for which it is granted.

    (3) It may be made subject to such conditions as are necessary to—

(a) ensure that the provisions of the Community TSE Regulation and these Regulations will be complied with; or

(b) protect public or animal health.

    (4) If the Secretary of State refuses to grant an approval, authorisation, licence or registration, or grants one subject to conditions, she must—

(a) give her reasons in writing; and

(b) explain the right of the applicant to make written representations to a person appointed by the Secretary of State.

(a) within 24 hours from the time when the animal dies or was killed or the body comes into his possession or charge notify the Secretary of State; and

(b) detain it until it has been collected by or on behalf of the Secretary of State,

and failure to do so is an offence.

    (2) This paragraph does not apply in relation to goats slaughtered for human consumption or killed in accordance with Schedule 4.

Consignment and slaughter of an over-age bovine animal
     2. If a bovine animal was born or reared in the United Kingdom before 1st August 1996, it is an offence—

(a) to consign it to a slaughterhouse for human consumption (whether the animal is alive or dead); or

(b) to slaughter it for human consumption in a slaughterhouse.

Brain stem sampling of bovine animals
     3. —(1) The occupier of a slaughterhouse in which a bovine animal specified in point 2(1) or 2(2) of Part I of Chapter A of Annex III to the Community TSE Regulation is slaughtered must—

(a) take a sample of brain stem in accordance with point 1 of Chapter C of Annex X to the Community TSE Regulation; and

(b) arrange for it to be delivered to an approved testing laboratory,

and failure to do so is an offence.

    (2) The Secretary of State shall, by means of a notice, notify the occupier of a slaughterhouse if an animal comes into the categories specified in point 2(1) of Part I of Chapter A to Annex III to the Community TSE Regulation (except in the case of a dead animal consigned to a slaughterhouse with a written declaration from a veterinary surgeon that it falls into one of those categories).

    (3) In accordance with point 5 of Part I of Chapter A of Annex III to the Community TSE Regulation, the Secretary of State may serve a notice on the occupier of a slaughterhouse requiring him to sample and send for testing in accordance with sub-paragraph (1) any bovine animal slaughtered there.

    (4) The Secretary of State shall approve laboratories to test samples taken under this paragraph is she is satisfied that the laboratory—

(a) will carry out the testing in accordance with Chapter C of Annex X to the Community TSE Regulation;

(b) has adequate quality control procedures; and

(c) has adequate procedures to ensure the correct identification of the samples and notification of the test results to the consigning slaughterhouse.

    (5) In this paragraph "approved testing laboratory" means a laboratory approved under this paragraph or a laboratory in another part of the United Kingdom approved by the competent authority to carry out the test.

Slaughter of bovine animals over 30 months of age
     4. —(1) It is an offence for the occupier to use a slaughterhouse to slaughter for human consumption a bovine animal aged over 30 months unless the Secretary of State has approved the Required Method of Operation ("RMOP") for that slaughterhouse and that occupier.

    (2) The RMOP must, as a minimum—

(a) describe the procedures that will be followed to comply with Part I of this Schedule; and

(b) describe all the systems and procedures specified in Part II of the Schedule.

(a) enables bovine animals born or reared in the United Kingdom before 1st August 1996 to be identified and ensures that they are not slaughtered for human consumption;

(b) enables bovine animals over 30 months of age but born on or after 1st August 1996 to be identified and ensures that they are sampled in accordance with this Schedule; and

(c) enables bovine animals specified in point 2(1) of Part I of Chapter A of Annex III to the Community TSE Regulation to be identified and ensures that they are sampled in accordance with this Schedule.

    (2) It must also describe the system that ensures that animals over 30 months of age are—

(a) batched together before slaughter separately from those aged 30 months or under; and

(b) slaughtered in batches separately from those aged 30 months or under.

Brain stem sampling
     8. —(1) The RMOP must show that there are —

(a) sufficient staff trained and competent in the taking, labelling, packaging and despatch of brain stem samples;

(b) hygienic facilities for sampling; and

(c) sampling procedures that do not jeopardise the hygienic production of meat intended for human consumption.

    (2) It must describe how health and safety guidelines designed to minimise the risk of exposure of staff to BSE during brain stem sampling and packaging will be complied with.

Correlation of sample to carcase and all other parts of the body
     9. The RMOP must describe the system linking the brain stem sample of each bovine animal over 30 months of age to the carcase of that animal and all parts of the body of that animal (including the blood and the hide).

Retention of carcases
     10. —(1) The RMOP must describe the system that ensures that all carcases retained in accordance with paragraph 5(1) of this Schedule are retained in slaughter order either in a sealed or locked chiller or on a sealed or locked rail in an unsealed chiller pending the receipt of the test result.

    (2) It must describe how the occupier will ensure that there is suitable and sufficient chiller space for retaining carcases for the purposes of this Schedule.

Retention of parts of the body
     11. The RMOP must describe the system that ensures that all parts of the body (including the blood and the hide) are retained in accordance with paragraph 5(1) of this Schedule.

Disposal before receipt of the result
     12. The RMOP must describe the disposal route for all carcases and all parts of the body (including the blood and the hide) retained pending receipt of a test result but disposed of before the test result is received.

Other measures following sampling
     13. The RMOP must describe the systems in place that ensure that—

(a) kill it on the holding immediately;

(b) remove the cattle passport and serve a notice prohibiting the animal from being moved from the holding until it has been killed; or

(c) ensure that its cattle passport is stamped "Not for human consumption" and serve a notice directing the owner to consign it to other premises for killing and prohibiting movement other than in accordance with that direction.

    (2) He must restrict the movement of other bovine animals from the holding in accordance with the second and fourth paragraphs of Article 12(1) of the Community TSE Regulation and Article 2(1)(a) of Commission Decision 2005/598/EC.

    (3) In accordance with Article 12(3) of the Community TSE Regulation, if the animal is killed on the holding, it is an offence to remove the body from that holding except in accordance with a written direction from an inspector.

    (4) If the animal is not killed immediately, its keeper must dispose of its milk in such a way that it cannot be consumed by humans or animals except its own calf or animals kept for research purposes, and failure to comply with this sub-paragraph is an offence.

Identification and restriction of offspring and cohorts
     4. —(1) In accordance with Articles 12(1) and 13(2) of the Community TSE Regulation, if—

(a) a veterinary inspector suspects that a bovine animal is affected with BSE;

(b) the monitoring of carcases under Schedule 2 or under Annex III to the Community TSE Regulation confirms that an animal is suspected of being affected with BSE; or

(c) the competent authority of another part of the United Kingdom or another member State notifies the Secretary of State that a bovine animal is suspected of being affected with BSE,

an inspector must identify—

(d) (if the suspect animal is female) all its offspring born on or after 1st August 1996; and

(e) all its bovine cohorts born on or after 1st August 1996,

and for these purposes the animal's date of birth is the one shown on its cattle passport.

    (2) An inspector must serve notices prohibiting movement of those animals from the holding on which they are kept or where he suspects they may be kept (whether or not this is the same holding as that of the suspect animal) and remove their cattle passports.

    (3) If he cannot immediately identify the animals in sub-paragraph (1) an inspector must prohibit the movement of all bovine animals from the holding pending identification.

    (4) Movements of restricted animals are only permitted in accordance with regulation 20.

Action following confirmation
     5. —(1) In accordance with Article 13(1)(c) of, and point 2 of Annex VII to, the Community TSE Regulation, if it is confirmed that the suspect animal was affected with BSE an inspector must—

(a) if the animal is female, kill all its offspring born on or after 1st August 1996; and

(b) in all cases, kill all the bovine animals in its cohort born on or after 1st August 1996 except where—


(i) he is satisfied that the animal did not have access to the same feed as the affected animal; or

(ii) the animal is a bull that is kept at, and will not be removed from, a semen collection centre, but it is an offence to remove the animal from the centre except to be killed, and when it is killed the owner commits an offence unless he ensures that the carcase is completely destroyed.

    (2) If the animal is not killed on the holding, an inspector must ensure that its passport is stamped "Not for human consumption" and must direct the owner in writing to consign it to other premises for killing as specified in the direction.

    (3) If the test is negative he must remove all restrictions imposed because of the suspect animal and return the cattle passports.

    (4) When an animal is killed under this regulation, it is an offence to remove the carcase from the premises on which it was killed except in accordance with a written direction from an inspector.

Death while under restriction
     6. If any animal dies or is killed while it is under restriction for any reason under this Schedule, the owner must immediately notify the Secretary of State, and retain the body on the premises until he is directed in writing to move or dispose of it by an inspector, and it is an offence not to comply with this paragraph or to fail to comply with a direction under it.

Placing on the market of bovine progeny
     7. Any person who places on the market any bovine animal in contravention of Article 15(2) of the Community TSE Regulation and Chapter B of Annex VIII to that Regulation is guilty of an offence.

When compensation is payable
     8. The Secretary of State shall pay compensation—

(a) kill it on the holding immediately;

(b) serve a notice prohibiting the animal from being moved from the holding until it has been killed; or

(c) serve a notice directing the owner to consign it to other premises for killing and prohibiting movement other than in accordance with that direction.

    (2) In accordance with Article 12(3) of the Community TSE Regulation, if the animal is killed on the holding, it is an offence to remove the body from the holding except in accordance with a written direction from an inspector.

Movement restrictions
     4. —(1) For the purposes of point 3 of Annex VII to the Community TSE Regulation, and Article 12(1) of that Regulation, following suspicion of a TSE (whether in a live animal or through the monitoring under Annex III to the Community TSE Regulation), an inspector—

(a) must serve a notice—


(i) prohibiting the movement on to or from its holding of any sheep or goat on the same holding as the suspect animal if he considers that the animal was exposed to a TSE on that holding; or

(ii) if the animal came from another holding, and he considers that the animal may have been exposed to a TSE on that holding, may serve such a notice either on that holding and on the same holding as the suspect animal, or only the holding of exposure; and



(b) must serve a notice prohibiting movement on to or from a holding where an animal specified in point 1(b) of Annex VII to the Community TSE Regulation is kept or where he suspects such an animal is kept.

    (2) Movements of restricted animals are only permitted in accordance with regulation 20.

Action where TSE is not confirmed
     5. If it is confirmed that the animal was not affected with a TSE, the inspector must remove all restrictions imposed because of the suspect animal.

Confirmation of TSE in sheep
     6. —(1) If it is confirmed that a suspect sheep, or a body of a sheep monitored under Annex III to the Community TSE Regulation, is affected with a TSE, the Secretary of State, after—

(a) carrying out the inquiry specified in Article 13(1)(b) of the Community TSE Regulation and in point 1(b) of Annex VII to that Regulation; and

(b) sampling the animals to establish their genotype (if this is necessary),

shall decide which of the options set out in points 2(b)(i) and (ii) of Annex VII to the Community TSE Regulation she intends to exercise.

    (2) She shall then serve a notice on the occupier of the holding informing him of which of the options in those paragraphs she intends to exercise.

    (3) The notice shall specify—

(a) the identity of the animals to be killed and destroyed;

(b) the identity of the animals (if any) to be slaughtered for human consumption;

(c) the identity of the animals (if any) that may be retained;

(d) the identity of any ovum or embryo to be destroyed;

(e) the time limit for complying with the notice; and

(f) the right to apply for a derogation in accordance with paragraph 22(2).

    (4) The appeals procedure in regulation 14 applies.

Confirmation of TSE in goats
     7. —(1) If it is confirmed that a suspect goat, or a body of a goat monitored under Annex III to the Community TSE Regulation, is affected with TSE, the Secretary of State, after carrying out the inquiry specified in Article 13(1)(b) of that Regulation and in point 1(b) of Annex VII to that Regulation, shall serve a notice on the occupier of the holding informing him that she intends to kill and destroy all the goats on the holding and all embryos and ova from those animals in accordance with Article 13(1)(c) of, and point 2(b)(i) of Annex VII to that Regulation.

    (2) The appeals procedure in regulation 14 applies.

Confirmation of BSE in sheep or goats
     8. —(1) If BSE is confirmed in a sheep or goat on a holding, the Secretary of State, after carrying out the inquiry specified in Article 13(1)(b) of the Community TSE Regulation and point 1 of Annex VII to that Regulation, shall serve a notice on the occupier of the holding informing him of her intention to kill and destroy the animals, embryos and ova in accordance with Article 13(1)(c) of, and point 2(c) of Annex VII to that Regulation.

    (2) The appeals procedure in regulation 14 applies.

Time for appeals
     9. The Secretary of State shall not kill any sheep or goat, or destroy any ovum or embryo, under this Schedule until—

(a) she has received written notification from the person on whom the notice is served that that person has no intention to proceed with an appeal;

(b) after the 21 day period for appeal under regulation 14 is completed; or

(c) if there is an appeal, the appeal is determined or withdrawn.

Killing and destruction following confirmation
     10. —(1) An inspector shall ensure that all the animals specified for killing in the notice in paragraphs 6(2), 7 or 8 are killed and that all the ova and embryos specified for destruction in the notice are destroyed.

    (2) If an animal is not killed on the holding, an inspector shall direct the owner in writing to consign it to other premises for killing as specified in the direction.

    (3) When an animal has been killed under this paragraph, it is an offence to remove the body from the premises on which it was killed except in accordance with a written direction from an inspector.

Infected animals from another holding
     11. For the purposes of point 2(b)(iii) of Annex VII to the Community TSE Regulation, if the infected animal was introduced from another holding, the Secretary of State may act in accordance with this Schedule in relation to the holding of origin in addition to, or instead of, the holding on which infection was confirmed.

Common grazing
     12. In the case of infected animals on common grazing, the Secretary of State may limit a notice under paragraphs 6(2) or 7 to an individual flock in accordance with point 2(b)(iii) of Annex VII to the Community TSE Regulation.

Multiple flocks on a holding
     13. Where more than one flock is kept on a single holding, the Secretary of State may limit a notice under paragraphs 6(2) or 7 to an individual flock in accordance with point 2(b)(iii) of Annex VII to the Community TSE Regulation.

Subsequent occupiers
     14. If there is a change in occupation of the holding, the previous occupier shall ensure that the subsequent occupier is made aware of the existence and contents of any notice served under this Schedule, and failure to do so shall be an offence.

Introduction of animals on to a holding
     15. Any person who introduces an animal on to a holding in contravention of point 4 of Annex VII to the Community TSE Regulation is guilty of an offence.

Use of ovine germinal products
     16. Any person who uses ovine germinal products in contravention of point 5 of Annex VII to the Community TSE Regulation is guilty of an offence.

Movement of animals from a holding
     17. Any person who moves an animal from a holding in contravention of point 7 of Annex VII to the Community TSE Regulation is guilty of an offence.

Time of movement restrictions
     18. For the purposes of point 8 of Annex VII to the Community TSE Regulation the relevant dates shall be established by the Secretary of State giving written notification of those dates to the occupier of the holding.

Death while under restriction
     19. If any animal aged 18 months or over dies or is killed while it is under restriction for any reason under this Schedule or Annex VII to the Community TSE Regulation, the owner must immediately notify the Secretary of State, and retain the body on the premises until he is directed in writing to move or dispose of it by the Secretary of State, and it is an offence not to comply with this paragraph or to fail to comply with a direction under it.

Placing on the market of progeny of BSE affected sheep and goats
     20. Any person who places on the market any BSE affected sheep or goat in contravention of Article 15(2) of the Community TSE Regulation and Chapter B of Annex VIII to that Regulation is guilty of an offence.

Notification while the holding is under restriction
     21. —(1) For the purposes of point 8(d) of Annex VII to the Community TSE Regulation, for the period that the holding is under restriction in accordance with point 8 of that Annex, if the owner intends to consign a sheep aged 18 months or more for slaughter for human consumption, he must notify the Secretary of State at least four weeks before consignment.

    (2) He must not consign a sheep aged 18 months or more for killing or slaughter for human consumption except under a written direction from the Secretary of State, and must do so in accordance with that direction.

    (3) Failure to comply with this paragraph is an offence.

Derogations
     22. —(1) The Secretary of State shall not exercise the option permitted under point 7(c) of Annex VII to the Community TSE Regulation.

    (2) The occupier of a holding may apply to the Secretary of State asking her to exercise one or both of the options permitted under point 9 of that Annex.

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

    (4) The Secretary of State shall give the applicant her decision in writing, which shall state that she either—

(a) consents to the application;

(b) consents in part to the application; or

(c) refuses the application.

    (5) Unless the Secretary of State consents to the application in full, the appeals procedure in regulation 14 applies.

Compensation for sheep or goats slaughtered as a suspect animal
     23. —(1) The Secretary of State shall pay compensation in accordance with this paragraph for a sheep or goat killed as a suspect animal.

    (2) Where it is confirmed that it was affected with a TSE, the compensation is—

(a) £30 in the case of an animal at the end of its productive life; and

(b) £90 in any other case.

    (3) Where it is not confirmed that it was affected with a TSE, the compensation is the higher of—

(a) the amount that would have been payable under this paragraph if it had been confirmed the animal was affected with a TSE; and

(b) such sum as appears to the Secretary of State, having regard to any information provided by the owner of the animal and any other relevant information, to reflect the market value of the animal, subject to a maximum sum of £400 for each animal.

Compensation for animals killed or products destroyed following confirmation of TSE
     24. The Secretary of State shall pay compensation to the owner of animals killed and products destroyed under this Schedule following confirmation of a TSE in accordance with the following provisions of this paragraph—


Compensation

Animal or product	Compensation (£)	Compensation (£)
	A	B
Male sheep or goat	90	90
Female sheep(a) or goat	90	65
Lamb (under 12 months old)(b) or kid (under 12 months old)	50	40
Embryos	150	150
Ova	5	5

^(a) Where the Secretary of State has granted a derogation under point 9 of Annex VII to the Community TSE Regulation the compensation for a female sheep is £30 if it is killed after the first year of the derogation period.

^(b) Where the Secretary of State has granted a derogation in accordance with that point in respect of any ram in a flock, the compensation for any lamb in that flock killed after the first year of the period of derogation is £25.

Note on the rates
The rate in Column A is payable in all cases until 10th March 2006.

On or after 10th March 2006—

(a) the rate in Column A is payable if—


(i) the owner notifies an animal under paragraph 1 before 10th March 2006, and the presence of a TSE is confirmed (whether before or after that date); and

(ii) the animal for which compensation is being paid was in the flock or herd before 10th March 2006; and



(b) the rate in Column B is payable in all other cases.

Valuations
     25. —(1) If the owner of an animal considers the compensation in the preceding paragraph to be unreasonable he may notify the Secretary of State, and the procedure in regulation 15 applies, with the owner paying the fee for nominating the valuer and the valuer's fee.

    (2) If the Secretary of State considers the compensation in the preceding paragraph to be excessive in all the circumstances she may obtain a valuation of the animal in accordance with regulation 15, but in this case she must pay the fee for nominating the valuer and the valuer's fee.

    (3) The valuer shall value the animal at the price that might reasonably have been obtained for it at the time of valuation from a buyer in the open market if the animal was not from a flock affected by TSE.

(a) feed to any ruminant animal;

(b) supply for feeding to any ruminant animal; or

(c) permit any ruminant animal to have access to,

any animal protein (or anything containing animal protein) other than the proteins specified in point A(a) of Part II of Annex IV to that Regulation.

    (2) It is an offence to bring on to any premises where ruminant animals are kept anything prohibited by this paragraph, or to possess it on such premises other than—

(a) food intended for human consumption;

(b) in accordance with paragraph 3;

(c) premises registered under paragraph 8(6), 10(5) or 12(8); or

(d) where authorised by an inspector and suitable measures are in place to ensure that ruminant animals do not have access to it.

Prohibition on feeding animal protein to non-ruminants
     2. —(1) For the purposes of Article 7(2) of, and point (a) of Part I of Annex IV to, the Community TSE Regulation it is an offence to—

(a) feed to any pig, poultry, horse or any farmed non-ruminant animal;

(b) supply for feeding to any such animal; or

(c) allow any such animal to have access to,

anything in relation to which this paragraph applies.

    (2) Subject to sub-paragraph (3), the prohibition in sub-paragraph (1) applies in relation to—

(a) processed animal protein;

(b) gelatine of ruminant origin;

(c) blood products;

(d) hydrolysed protein;

(e) dicalcium phosphate and tricalcium phosphate of animal origin; and

(f) petfood containing animal protein.

    (3) The prohibition in sub-paragraph (1) does not apply in relation to—

(a) the protein specified in point A(a) of Part II of Annex IV to the Community TSE Regulation;

(b) fishmeal (and feedingstuffs containing it) that has been produced, labelled, transported and stored in accordance with point B of that Part;

(c) dicalcium phosphate and tricalcium phosphate (and feedingstuffs containing them) that have been produced, labelled, transported and stored in accordance with point C of that Part;

(d) blood products derived from non-ruminants (and feedingstuffs containing them) that have been produced, labelled, transported and stored in accordance with point D of that Part;

(e) in the case of feeding to fish, blood meal derived from non-ruminants (and feedingstuffs containing it) that has been produced, labelled, transported and stored in accordance with point D of that Part; and

(f) tuber and root crops (and feedingstuffs containing such products) in which bone spicules have been detected if authorised by the Secretary of State following a risk assessment in accordance with point A(d) of that Part.

    (4) In this paragraph "protein" includes any feedingstuffs containing animal protein.

    (5) It is an offence to bring on to any premises where any animals specified in sub-paragraph (1) are kept anything prohibited by this paragraph, or to possess it on such premises other than—

(a) food intended for human consumption;

(b) in accordance with paragraph 3; or

(c) where authorised by an inspector and suitable measures are in place to ensure that animals specified in sub-paragraph (1) do not have access to it.

Exceptions
     3. Paragraphs 1(2) and 2(5) do not apply in relation to anything incorporated into—

(a) in accordance with point B(c) of that Part, in premises authorised by the Secretary of State for the purposes of that point;

(b) in accordance with point B(c)(i) of that Part, for home compounders registered by the Secretary of State for the purposes of that point; or

(c) in accordance with point B(c) (ii) of that Part, in premises authorised by the Secretary of State for the purposes of that point.

    (3) Any person packaging the feedingstuffs must label them in accordance with point B(d) of that Part, and any documentation accompanying the feedingstuffs must be in accordance with that point.

    (4) Any person transporting the feedingstuffs in bulk must do so in accordance with the first sentence of point B(e) of that Part.

    (5) Any person using a vehicle previously used to transport such feedingstuffs to transport feedingstuffs for ruminants must comply with the second sentence of point B(e) of that Part.

    (6) The occupier of any farm where ruminants are kept shall comply with the first paragraph of point B(f) of that Part unless the Secretary of State is satisfied that the provisions of the second paragraph of that point are complied with and has registered the farm under that paragraph.

Offences relating to fishmeal and feedingstuffs containing fishmeal
     9. —(1) Failure to comply with paragraph 8 is an offence.

    (2) It is an offence for a home compounder registered under paragraph 8(2)(b) to—

(a) keep ruminant animals;

(b) consign feedingstuffs containing fishmeal (whether complete or partly complete) produced by him from his holding; or

(c) use feedingstuffs containing fishmeal with a crude protein content of 50% or more in the production of complete feedingstuffs.

    (3) It is an offence for any person producing feedingstuffs in accordance with point B(c)(ii) of Part II of Annex IV to the Community TSE Regulation to—

(a) fail to ensure that feedingstuffs destined for ruminants are kept in separate facilities in accordance with the first indent of that point;

(b) fail to ensure that feedingstuffs destined for ruminants are manufactured in accordance with the second indent; or

(c) fail to make and keep a record in accordance with the third indent.

Feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to non-ruminant animals
     10. —(1) Any person producing feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to non-ruminant farmed animals must do so—

(a) in accordance with point C(a) of Part II of Annex IV to the Community TSE Regulation, in an establishment authorised by the Secretary of State for the purposes of that point;

(b) in accordance with point C(a)(i) of that Part, for home compounders registered by the Secretary of State for the purposes of that point; or

(c) in accordance with point C(a)(ii) of that Part in an establishment authorised by the Secretary of State for the purposes of that point.

    (2) Any person packaging the feedingstuffs must label them in accordance with point C(b) of that Part, and any documentation accompanying the feedingstuffs must be in accordance with that point.

    (3) Any person transporting those feedingstuffs in bulk must do so in accordance with point C(c) of that Part.

    (4) Any person using a vehicle previously used to transport such feedingstuffs to transport feedingstuffs for ruminants must comply with the second sentence of point C(c) of that Part.

    (5) The occupier of any farm where ruminants are kept shall comply with the first paragraph of point C(d) of that Part unless the Secretary of State is satisfied that the provisions of the second paragraph of that point are complied with and has registered the farm under that paragraph.

    (6) Failure to comply with this paragraph is an offence.

Offences relating to feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to non-ruminant animals
     11. —(1) Failure to comply with paragraph 10 is an offence.

    (2) It is an offence for a home compounder registered under paragraph 10(1)(b) to—

(a) keep ruminants;

(b) consign feedingstuffs containing dicalcium phosphate or tricalcium phosphate (whether complete or partly complete) from his holding; or

(c) use feedingstuffs containing dicalcium phosphate or tricalcium phosphate with a phosphorus content of 10% or more in the production of complete feedingstuffs.

    (3) It is an offence for any person producing feedingstuffs in accordance with point C(a)(ii) of Part II of Annex IV to the Community TSE Regulation to—

(a) fail to ensure that feedingstuffs destined for ruminants are manufactured in accordance with the first indent of that point;

(b) fail to ensure that they are kept in separate facilities in accordance with the second indent; or

(c) fail to make and keep a record in accordance with the third indent.

Blood products and blood meal
     12. —(1) Any person who produces—

(a) blood products, or feedingstuffs containing blood products, intended for feeding to non-ruminant farmed animals; or

(b) blood meal, or feedingstuffs containing blood meal, intended for feeding to fish,

must ensure that the blood comes from a slaughterhouse that is registered with the Secretary of State for the purposes of point D(a) of Part II of Annex IV to the Community TSE Regulation and that either—

(c) is not used to slaughter ruminants; or

(d) has in place a control system in accordance with the second paragraph of point D(a) of that Part to ensure that ruminant blood is kept separate from non-ruminant blood and has been authorised for the purpose by the Secretary of State.

    (2) The occupier of the slaughterhouse must consign the blood in accordance with point D(a) of Part II of Annex IV to the Community TSE Regulation, and any transporter must transport it in accordance with that point.

    (3) Any person producing blood products or blood meal must do so in accordance with either the first or the second paragraph of point D(b) of that Part.

    (4) Any person producing feedingstuffs containing blood products or blood meal must do so—

(a) in accordance with point D(c) of that Part, in an establishment authorised by the Secretary of State for the purposes of that point;

(b) in accordance with point D(c)(i) of that Part, as a home compounder registered by the Secretary of State for the purposes of that point; or

(c) in accordance with point D(c)(ii) of that Part, in an establishment authorised by the Secretary of State for the purposes of that point.

    (5) Any person packaging the feedingstuffs must label them in accordance with point D(d) of that Part, and any documentation accompanying the feedingstuffs must be in accordance with that point.

    (6) Any person transporting the feedingstuffs in bulk must do so in accordance with point D(e) of that Part.

    (7) Any person using a vehicle previously used to transport such feedingstuffs to transport feedingstuffs for ruminants must comply with the second sentence of point D(e) of that Part.

    (8) The occupier of any farm where ruminants are kept shall comply with the first paragraph of point D(f) of that Part unless the Secretary of State is satisfied that the provisions of the second paragraph of that point are complied with and has registered the farm under that paragraph.

Offences relating to feedingstuffs containing blood products or blood meal
     13. —(1) Failure to comply with paragraph 12 is an offence.

    (2) It is an offence for any person collecting blood in accordance with the second paragraph of point D(a) of Part II of Annex IV to the Community TSE Regulation to fail to—

(a) slaughter animals in accordance with the first indent of that paragraph;

(b) collect, store, transport or package blood in accordance with the second indent of that paragraph; or

(c) regularly sample and analyse blood in accordance with the third indent of that paragraph.

    (3) It is an offence for any person producing blood products or blood meal in accordance with the second paragraph of point D(b) of that Part to fail to—

(a) ensure that the blood is processed in accordance with the first indent of that paragraph;

(b) keep raw material and finished product in accordance with the second indent of that paragraph; or

(c) sample in accordance with the third indent of that paragraph.

    (4) It is an offence for any person producing feedingstuffs in accordance with point D(c)(ii) of Part II of Annex IV to the Community TSE Regulation to—

(a) fail to ensure that feedingstuffs are manufactured in accordance with the first indent of that point;

(b) fail to ensure that they are kept in separate facilities in accordance with the second indent; or

(c) fail to make and keep a record in accordance with the third indent.

    (5) It is an offence for a home compounder registered under paragraph 12(4)(b) to—

(a) keep ruminant animals where blood products are used;

(b) keep animals other than fish where blood meal is used;

(c) consign feedingstuffs containing blood products or blood meal (whether complete or partly complete) from his holding; or

(d) use feedingstuffs containing blood products or blood meal with a total protein content of 50% or more in the production of complete feedingstuffs.

Change in use of equipment
     14. It is an offence to use equipment used to produce feedingstuffs for non-ruminant animals under paragraphs 8, 10 or 12, for the production of feedingstuffs for ruminant animals, unless authorised in writing by an inspector.

Conditions applying to the storage and transport of bulk quantities of protein products and feedingstuffs containing such proteins
     15. —(1) It is an offence to store or transport—

(a) bulk processed animal protein (other than fishmeal); or

(b) bulk products, including feedingstuffs, organic fertilisers, and soil improvers containing such proteins,

except in accordance with point C(a) of Part III of Annex IV to the Community TSE Regulation.

    (2) It is an offence to store or transport bulk fishmeal, dicalcium phosphate, tricalcium phosphate, blood products of non-ruminant origin or blood meal of non-ruminant origin, except in accordance with point C(b) and C(c) of Part III of Annex IV to the Community TSE Regulation.

    (3) In addition to the requirements of sub-paragraphs (1) and (2), it is an offence to transport bulk processed animal protein or any of the materials specified in sub-paragraph (2) unless the transporter is registered with the Secretary of State for that purpose.

Conditions applying to the manufacture and transport of petfood or feedingstuffs
     16. —(1) It is an offence to manufacture, store, transport or package petfood that contains blood products of ruminant origin or processed animal protein, other than fishmeal, except in accordance with point D of Part III of Annex IV to the Community TSE Regulation.

    (2) It is an offence to manufacture or transport petfood containing dicalcium or tricalcium phosphate or blood products of non-ruminant origin except in accordance with point D of that Part.

Export of processed animal protein to third countries
     17. —(1) In accordance with point E(1) of Part III of Annex IV to the Community TSE Regulation it is an offence to export processed animal protein derived from ruminants, and anything containing it.

    (2) It is an offence to export processed animal protein derived from non-ruminants (and anything containing it) except in accordance with point E(2) of that Part and an agreement in writing between the Secretary of State and the competent authority of the third country.

Fertilisers
     18. —(1) It is an offence to sell or supply for use as a fertiliser on agricultural land, or to possess with the intention of such sale or supply, any—

(a) mammalian protein (other than ash) derived from animal by-products classified as Category 2 material in Regulation (EC) No 1774/2002; or

(b) ash derived from the incineration of animal by-products classified as Category 1 material in that Regulation.

    (2) It is an offence to use anything prohibited in sub-paragraph (1) on agricultural land as a fertiliser.

    (3) In this paragraph—

(a) "agricultural land" means land used or capable of use for the purposes of a trade or business in connection with agriculture; and

(b) "agriculture" includes fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, the use of land for woodland, and horticulture (except the propagation of plants and the growing of plants within greenhouses, glass structures or plastic structures).

Record keeping for transport etc. of reject petfood
     19. —(1) Any person who supplies, transports or receives any petfood containing animal protein that is not intended for use as petfood shall record—

(i) the name of the manufacturer;

(ii) the date of supply and receipt;

(iii) the premises of origin and destination;

(iv) the quantity of petfood; and

(v) the nature of the animal protein contained in the petfood.

    (2) He must keep those records for 2 years.

    (3) The consignor must ensure that the petfood is labelled with the information referred to in sub-paragraph (1) or is accompanied by documentation that contains that information.

    (4) Any person who fails to comply with this paragraph is guilty of an offence.

Cross-contamination of materials originating from premises where processed animal proteins are in use
     20. It is an offence to supply an ingredient of feedingstuff produced on premises where any processed animal protein is used in any manufacturing process unless the label or accompanying documentation indicates this.

(c) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term of three months or both, or

(d) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.

Schedule 1
Schedule 1 lists provisions that amend Regulation (EC) No 999/2001 and with which it must be read.

Schedule 2
Schedule 2 deals with monitoring for TSEs. Paragraph 1 provides for notification to the Secretary of State of fallen stock that must be tested for TSE under the Community TSE Regulation. Paragraph 2 makes it an offence to consign an over-age animal to a slaughterhouse for human consumption, and to slaughter such an animal for human consumption. Paragraph 3 provides for brain stem sampling of specified bovine animals.

Paragraph 4 creates a requirement for anyone slaughtering animals over 30 months old for human consumption to have a Required Method of Operation.

Paragraph 5 provides for retention of products and their disposal, and paragraph 6 deals with compensation.

Paragraphs 7 to 14 specify the minimum requirements that must appear in a Required Method of Operation.

Schedule 3
Schedule 3 deals with control and eradication of TSEs in bovine animals. Paragraph 1 provides for notification of a suspect animal to the Secretary of State. Paragraphs 2 and 3 provide for the restriction and slaughter of the suspect. Paragraphs 4 and 5 deal with the offspring and cohorts of the suspect. Paragraph 6 deals with compensation for an animal that dies under restriction, and paragraph 7 deals with placing on the market.

Paragraphs 8 to 10 deal with compensation.

Schedule 4
Schedule 4 deals with control and eradication of TSEs in sheep and goats. Paragraph 1 provides for notification of a suspect animal to the Secretary of State. Paragraphs 2 and 3 provide for the restriction and slaughter of the suspect. Paragraphs 4 and 5 deal with movement restrictions. Paragraphs 6 to 8 provide for action following confirmation. Paragraph 9 provides for time for appeals, and paragraph 10 provides for killing and destruction. Paragraphs 11 to 13 deal with infected animals from another holding, common grazing and multiple flocks on a holding. Paragraph 14 deals with subsequent occupiers of the land.

Paragraphs 15 to 21 set out the procedure to be followed after the killing or destruction. Paragraph 15 restricts the introduction of animals on to a holding. Paragraph 16 regulates the use of ovine germinal products, and paragraph 17 restricts the movement of animals from a holding.

Paragraph 18 specifies when the time relating to restrictions begins. Paragraph 19 provides for notification of animals that die while under restriction. Paragraph 20 deals with placing on the market of progeny, and paragraph 21 requires notification to the Secretary of State before the owner may consign sheep aged over 18 months for slaughter.

Paragraph 22 deals with derogations from the requirement for the killing and destruction of sheep and goats.

Paragraphs 23 to 25 deal with compensation.

Schedule 5
Schedule 5 deals with feedingstuffs. Paragraphs 1 to 3 prohibit feeding specified feedingstuffs to ruminant and non-ruminant animals, and provide for exceptions. Paragraphs 4 and 5 provide for movement restrictions and slaughter of animals suspected of having been fed prohibited feedingstuffs, and paragraph 6 provides for compensation. Paragraph 7 prohibits the slaughter for human consumption of restricted animals.

Paragraphs 8 and 9 regulate the production and use of fishmeal for feeding to non-ruminant animals. Paragraphs 10 and 11 regulate feedingstuffs containing dicalcium phosphate or tricalcium phosphate. Paragraphs 12 and 13 regulate feedingstuffs containing blood products and blood meal.

Paragraph 14 makes provision for changes in use of equipment. Paragraphs 15 and 16 control the manufacture, storage and transport of processed animal protein and products containing it. Paragraph 17 controls exports, and paragraph 18 regulates fertilisers derived from animal protein. Paragraph 19 deals with records, and paragraph 20 deals with cross-contamination.

Schedule 6
Schedule 6 deals with specified risk material, mechanically recovered meat and slaughtering techniques. Paragraph 1 appoints the Food Standards Agency as the competent authority for this Schedule. Paragraph 2 makes provision for training of slaughterhouse staff.

Paragraph 3 deals with mechanically recovered meat, paragraph 4 with pithing and paragraph 5 with tongue harvesting.

Paragraph 6 controls the removal of specified risk material, and paragraphs 7 and 8 deal with bovine animals and sheep and goats at a slaughterhouse.

Paragraph 9 deals with young lamb and goat stamps.

Paragraph 10 deals with the removal of spinal cord from sheep and goats.

Paragraph 11 provides for the authorisation of cutting plants, and paragraph 12 controls the removal of specified risk material at a cutting plant.

Paragraph 13 deals with meat from other member States and paragraph 14 prohibits the export of specified risk material.

Paragraphs 15 and 16 require the staining of specified risk material, and paragraph 17 provides for the security of specified risk material.

Paragraph 18 prohibits the supply of specified risk material for human consumption.

A regulatory impact assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the BSE and Animal By-Products Division, Department for Environment, Food and Rural Affairs, Area 301, 1a Page Street, London SW1P 4PQ.