« Previous | Contents | Next »
Listen
DRAFT SCOTTISH STATUTORY INSTRUMENTS
2002 No. AGRICULTURE
The TSE (Scotland) Regulations 2002
Part I
Introductory provisions
Title, extent and commencement
1.-(1) These Regulations may be cited as the TSE (Scotland) Regulations 2002.
(2) These Regulations shall extend to Scotland.
(3) These Regulations shall come into force on [ ] 2002.
Purpose and application
2.-(1) These Regulations make provision for the administration and enforcement of the Community TSE Regulation and the Community Transitional Measures otherwise than in relation to trade.
(2) For this purpose these Regulations-
(a) apply to the production and placing on the market of live animals and products of animal origin; and
(b) in accordance with article 1(1) of Commission Regulation (EC) No 1326/2001, and section D of Annex XI to the Community TSE Regulation (added by Article 3(3) of, and Annex IV to, Commission Regulations (EC) No. 1326/2001), continue the implementation of Council Directive 98/256/EC( a) (concerning emergency measures to protect against bovine spongiform encephalopathy, amending Decision 94/474/EC and repealing Decision 96/239/EC) in relation to offspring of bovine animals previously provided by the Offspring Slaughter Regulations 1998, S.I. 1998/3070; and
(c) in accordance with Article 1(2) of Commission Regulation (EC) No. 1326/2001, continue the implementation of the Council Decision and the Commission Decision previously provided by the Processed Animal Protein (Scotland) Regulations 2001( b).
(a) OJ No. L 2, 5.1.2001, p.32.
(b) S.I. 2001/[276]..
(3) Subject to paragraph (4) below, these Regulations do not apply to the production or placing on the market of the products, medical devices, starting materials, intermediate products and live animals referred to in article 1(2) of the Community TSE Regulation.
(4) In so far as necessary to avoid the cross-contamination or substitution referred to in article 2 of the Community TSE Regulation, these Regulations apply to the use of specified risk material in the production or placing on the market of any product, medical device, starting material or intermediate product referred to in article 1(2) of the Community TSE Regulation.
(5) Part III of these Regulations applies in relation to mammalian protein, mammalian meat and bone meal meat and processed animal protein intended for the feeding of animals (excluding humans).
(6) Part III of these Regulations does not apply in relation to-
(a) catering waste; or
(b) eggs and egg products.
(7) Provision as respects Scotland for the administration and enforcement of the Community TSE Regulation and the Community Transitional Measures in relation to trade is made by the TSE (Scotland) (Trade) Regulations 2002.
Interpretation
3.-(1) In these Regulations, unless the context otherwise requires-
"Agency" means the Food Standards Agency;
"animal by-product" has the same meaning as in the Animal By-Products Order 1999( a);
"ABPO approved", in relation to premises, means approved under article 7 of the Animal By-Products Order 1999, in accordance with article 5(2) of Council Directive 90/667/EEC( b) laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin and amending Directive 90/425/EEC, for the purpose of rendering low risk animal by products; and "ABPO approval" shall be construed accordingly;
"animal waste" has the same meaning as in Council Directive 90/667/EEC;
"catering waste" has the same meaning as in the Animal By-Products Order 1999;
"the Commission Decision" means Commission Decision 2001/9/EC( c) concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;
"the Community TSE Regulation" means Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies( d);
"the Community Transitional Measures" means-
(a) Commission Regulation (EC) No 1248/2001 of 22 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( e);
(b) Commission Regulation (EC) No 1326/2001 of 29 June 2001 laying down transitional measures to permit the changeover to the Regulation of the European Parliament and of the council (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation( f); and
(a) S.I. 1999/646.
(b) OJ No. L 363, 27.12.1990, p.51.
(c) OJ No L 2 5.1.2001, p.32.
(d) OJ No. L 147, 31.5.2001, p.1.
(e) OJ No. L 173, 27.6.2001, p.12.
(f) OJ No. L 177, 30.6.2001, p.61.
(c) Commission Regulation (EC) No /2001 of [ ] 2001 amending Annex XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards bovine vertebral column and amending Regulation (EC) No 1326 as regards animal feeding( a);
"the Council Decision" means Council Decision 2000/766/EC( b) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;
"cutting premises" means cutting premises as defined in the Fresh Meat (Hygiene and Inspection) Regulations 1995( c) which are licensed cutting premises under those Regulations;
(a)OJ No. L [ ], [ ] 2001, p.[ ].
(b) OJ No. L 306, 7.12.2000, p.32.
(c) S.I. 1995/539, as amended by S.I. 1995/731, S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/2148, S.I. 1995/3124, S.I. 1995/3189, S.I. 1996/1148, S.I. 1996/2235, S.I. 1997/1729, S.I. 1997/2074; and as amended in relation to Scotland by S.I. 2000/225 and in relation to Scotland and Wales by S.I. 2000/656.
"farmed animal" means an animal which is kept, fattened or bred for the production of food;
"feeding stuff" has the meaning given to it by section 66(1) of the Agriculture Act 1970, save that it shall apply to products and substances for oral feeding to any creature except a human being, and section 66(2)(b) of that Act shall have effect for the purposes of these Regulations as it does for the purposes of that Act;
"food" has the same meaning as in the Food Safety Act 1990;
"inspector" means-
(a) a person appointed as such for the purposes of these Regulations by the Scottish Ministers, including a veterinary inspector;
(b) a person appointed as such for the purposes of these Regulations by the Agency, including an OVS;
(c) a person appointed as such for the purposes of these Regulations by a local authority in relation to its enforcement responsibilities under these Regulations; and
(d) in relation to Part IV of these Regulations, a person designated as such in accordance with regulation 8(2) of the Fresh Meat (Hygiene and Inspection) Regulations 1995.
"listed premises" means those premises notified to the Agency as being listed premises for the purposes of these Regulations and published by notice in the London Gazette;
"MBM product" means any product containing mammalian meat and bone meal;
"mammalian meat and bone meal" means-
(a) any mammalian protein (including greaves) derived from the whole or part or any part of any dead mammal by-
(i) the process of rendering; or
(ii) in the case of a product originating outside of Scotland, by an equivalent process; or
(b) any material derived from any such protein;
"mechanically recovered meat" means meat which-
(a) is derived from residual meat on animal bones; and
(b) has been obtained by mechanical means;
and for this purpose "protein" means any proteinaceous material which is derived from a carcase but does not include milk or any milk product;
"monitoring notification", in respect of any category of notifiable animal, means a notification of the death of the animal to the Scottish Ministers;
"a notifiable animal" means an animal of a description specified in the Community TSE Regulation or the Community Transitional Measures in relation to which the annual programme of monitoring under article 6 of the Community TSE Regulations applies;
"OVS" means an official veterinary surgeon designated as such in accordance with regulation 8(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995;
"occupier", in relation to any premises, means any person carrying on a business there;
"premises" means any place, including any land, building, structure (moveable or otherwise), tent or vehicle, in which TSE susceptible animals may be bred, handled, held, kept, marketed or shown to the public, including any place occupied as a private dwelling and any place, whether or not a private dwelling, where blood, carcases or parts of the carcases derived from TSE susceptible animals may be kept;
"processed animal protein" means meat and bone meal, meat meal, bone meal, blood meal, dried plasma and other blood products, hydrolysed protein, hoof meal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal, dicalcium phosphate, gelatin and any other similar products, including mixtures, feedingstuffs, feed additives and premixtures, containing these products; but does not include mammalian meat and bone meal;
"production includes the manufacture, mixing or packaging of any product, together with ancillary storage and transport operations;
"rendering" means subjecting any material at a rendering, fishmeal or other plant to any of the systems of treatment or procedures mentioned in Schedule 2 to Animal By-Products Order 1999;
"ruminant animal" means a bovine animal, a sheep or a goat;
"scheme animal" means a bovine animal-
(a) which has been slaughtered pursuant to the purchase scheme introduced under Commission Regulation (EC) No 716/96 adopting exceptional support measures for the beef market in the United Kingdom; or
(b) which the Minister has caused to be slaughtered under the Animal Health Act 1981 for the prevention of bovine spongiform encephalopathy;
"sealed vehicle" means a vehicle sealed in accordance with regulation 39(3) below;
"slaughterhouse" means a slaughterhouse as defined in the Fresh Meat (Hygiene and Inspection) Regulations 1995 which is a licensed slaughterhouse under those Regulations;
"specified risk material" includes-
(a) any part of-
(i) a bovine animal, other than a carcase of a bovine animal containing vertebral column which has been imported in accordance with the TSE (Scotland) (Trade) Regulations 2002;
(ii) a sheep or a goat,
remaining attached to specified risk material after dissection of the carcase of the animal;
(b) any animal material which comes into contact with specified risk material or specified sheep or goat material after it has been removed from the carcase; and
(c) specified solid waste;
"specified solid waste" means any solid matter resulting from the slaughter or death of bovine animals, sheep or goats, or from the subsequent processing of their carcases, which is found in any part of the drainage system for any premises at which specified risk material is handled;
"stained blue" has the meaning given in [equivalent in these Regulations to regulation 5(1) of the SRM Regulations 1997];
"stained yellow" has the meaning given in [equivalent in these Regulations to regulation 5(2) of the SRM Regulations 1997];
"TSE susceptible animal means any animal (whether farmed not) capable of being affected by a TSE;
"tallow" means fat derived from animal tissues by a process of rendering;
"UK specified risk material" means specified risk material derived from an animal which has died or was slaughtered in the United Kingdom;
"vertebral column" excludes the vertebrae of the tail and the transverse process of the lumbar vertebrae but includes dorsal root ganglia;
"veterinary inspector" means a person appointed by the Scottish Ministers as a veterinary inspector; and
"young lamb stamp" means the stamp described in regulation 16(2) below.
(2) Expressions in these Regulations which are not defined in paragraph (1) above and which appear in the Community TSE Regulation or in the Community Transitional Measures have the same meaning in these Regulations as they have for the purposes of the Community TSE Regulation or the Community Transitional Measures.
(3) Expressions in Part III of these Regulations which are not defined in paragraph (1) above and which appear in the Council Decision or the Commission Decision have the same meaning in these Regulations as they have for the purposes of those Decisions.
(4) For the purposes of these Regulations and their application, material shall be treated as a feedingstuff whether it is used or intended to be used as a feedingstuff by itself or as an ingredient in something which is so used or intended for such use.
(5) Regulations 28 and 29 in Part IV of these Regulations make further provision for the interpretation of expressions used in that Part.
(6) Any person appointed by the Scottish Ministers or a local authority to be an inspector for the purposes of the Animal Health Act 1981 or the Processed Animal Protein (Scotland) Regulations 2001( a) shall be deemed to have been appointed by the Scottish Ministers or that authority to be an inspector for the purposes of these Regulations.
(a) S.I. 2001/[276 ].
« Previous | Contents | Next »