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DRAFT SCOTTISH STATUTORY INSTRUMENTS
2002 No. AGRICULTURE
The TSE (Scotland) Regulations 2002
Part VI
Placing on the market of first generation progeny etc. of TSE suspect and confirmed animals
Notification of first generation progeny etc. of TSE suspect and confirmed animals
85.-(1) A person who has in his possession or under his charge any-
(a) first generation progeny; or
(b) semen, embryos or ova,
of or derived from a TSE suspect or confirmed animal, and any veterinary surgeon or other person who, in the course of his duties, examines or inspects any such progeny, semen, embryos or ova, shall, with all practicable speed, notify the fact to the Divisional Veterinary Manager.
(2) A person who has in his possession or under his charge on any premises any animal he reasonably suspects is an animal of first generation progeny of, or semen, embryos or ova derived from, a TSE suspect or confirmed animal shall detain it on the premises until it has been examined by a veterinary inspector.
(3) A person who, in the course of a laboratory examination of the carcase of an animal, or any semen, embryos or ova derived from an animal, reasonably suspects it is an animal of first generation progeny of a TSE suspect or confirmed animal, or semen, embryos or ova derived from first generation progeny derived from a TSE suspect or confirmed animal, shall-
(a) with all practicable speed, notify the fact to the Divisional Veterinary Manager;
(b) retain the sample examined and the remainder of the carcase until its disposal has been authorised in writing by a veterinary inspector; and
(c) if required in writing to do so by a veterinary inspector, surrender any samples, in whatever form, to such an inspector.
Measures to administer and enforce Article 15(2) of, and chapter B of Annex VIII to, the Community TSE Regulation
86.-(1) An inspector may make such enquiries and carry out such investigations as he considers necessary for any purpose connected with the administration or enforcement of Article 15(2) of, and chapter B of Annex VIII to, the Community TSE Regulation.
(2) For any such purpose an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable times to enter any premises (excluding premises used only as a dwelling) to-
(a) ascertain whether any animal of first generation progeny of a TSE suspect or confirmed animal, or semen, embryos or ova derived from such an animal, is being or has been kept on the premises;
(b) collect, pen, inspect and examine any TSE suspect or confirmed animal or any first generation progeny of any TSE suspect or confirmed animal, and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;
(c) inspect and examine, and make such tests and take such samples as he considers necessary from, any-
(i) TSE suspect or confirmed animal or a first generation progeny of any such animal;
(ii) carcase of a TSE suspect or confirmed animal or carcase of a first generation progeny of any such animal; or
(iii) semen, embryos or ova derived from any TSE suspect or confirmed animal;
(d) mark for identification purposes any TSE suspect or confirmed animal or any first generation progeny of such an animal, or the carcase of a TSE suspect or confirmed animal or the carcase of a first generation progeny of such an animal, or administer or otherwise attach to any TSE suspect or confirmed animal, or any first generation progeny of such an animal, an electronic identification device;
(e) serve a notice to restrict or prohibit the movement of-
(i) any TSE suspect or confirmed animal or any first generation progeny of such an animal; or
(ii) any carcase of a TSE suspect or confirmed animal or the carcase of any first generation progeny of such an animal;
(f) issue a licence in connection with the movement of-
(i) any TSE suspect or confirmed animal or any first generation progeny of such an animal; or
(ii) any carcase of a TSE suspect or confirmed animal or the carcase of any first generation progeny of such an animal;
(g) seize-
(i) any TSE suspect or confirmed animal or any first generation progeny of such an animal; or
(ii) any carcase of a TSE suspect or confirmed animal or the carcase of any first generation progeny of such an animal;
(h) serve any notice in connection with the slaughter of any TSE suspect or confirmed animal or any first generation progeny of such an animal;
(i) slaughter any TSE suspect or confirmed animal or any first generation progeny of such an animal;
(j) examine any record, in whatever form the record may be held, and take copies of the record;
(k) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; or
(l) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or any evidence of any such contravention or failure.
(3) No person except a veterinary inspector shall remove or otherwise interfere with any mark applied to any animal or carcase under paragraph (2)(d) above or any electronic identification device attached to or otherwise administered to any animal under that paragraph.
(4) If a justice of the peace is satisfied on sworn information in writing that there are reasonable grounds for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and that either-
(a) admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier of the premises; or
(b) an application for admission, or the giving of such a notice, would defeat the object of entering the premises, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent,
he may issue a warrant authorising an inspector to enter the premises for that purpose if necessary using reasonable force.
(5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued it, and his employees and any person on the premises who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall-
(a) provide such reasonable facilities to the inspector and comply with such reasonable requirements as the inspector considers necessary for any purpose connected with the administration or enforcement of Article 15(2) of, and chapter B of Annex VIII to, the Community TSE Regulation; and
(b) if required by an inspector, give such information as he possesses as to-
(i) any animal or carcase which is or has been on the premises;
(ii) any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact;
(iii) any semen, embryos or ova derived from any TSE suspect or confirmed animal which are or have been on the premises or with which any semen, embryos or ova derived from a TSE suspect or confirmed animal on the premises may have come into contact; and
(iv) the location and movement of any animal or carcase, or any semen, embryos or ova derived from a TSE suspect or confirmed animal, which is or has been in his possession or charge.
(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him-
(a) such other persons as he considers necessary to give him such assistance as he considers necessary; and
(b) a representative of the European Commission acting for the purpose of the Community TSE Regulation or the Community Transitional Measures; and
(7) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Movement prohibitions and restrictions: Article 15(2) of, and chapter B of Annex VIII to, the Community TSE Regulation
87.-(1) This regulation applies where an inspector is satisfied that for any purpose connected with the administration or enforcement of Article 15(2) of, and chapter B of Annex VIII to, the Community TSE Regulation it is necessary to prohibit or restrict the movement from or to any premises of any-
(a) TSE suspect or confirmed animal or a first generation progeny of any such animal;
(b) carcase of a TSE suspect or confirmed animal or carcase of a first generation progeny of any such animal; or
(c) semen, embryos or ova derived from any TSE suspect or confirmed animal;
(2) For any such purpose an inspector may, by notice in writing served on the owner or person in charge of any animal, prohibit or restrict the movement of the animal, carcase or semen, embryos or ova from or to any premises described in the notice for such period, and subject to such conditions, as he considers necessary for that purpose and specifies in the notice.
(3) During the period in which the notice is in force a veterinary inspector may renew it subject to such conditions as he considers necessary for the same or a shorter period.
(4) A notice which is renewed may be renewed from time to time in a similar manner by a veterinary inspector.
(5) Where a notice is in force under this regulation the conditions of which allow movement of any animal, carcase or semen, embryos or ova from premises on the authority of a licence issued by a veterinary inspector, a veterinary inspector may issue a licence for this purpose subject to such conditions as he considers necessary.
(6) Where an animal, carcase or semen, embryos or ova is being or are moved under the authority of a licence issued under this Part of these Regulations the person in charge of the animal, carcase or semen, embryos or ova being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a member of a police force, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.
Slaughter at slaughterhouses: Article 15(2) of, and chapter B of Annex VIII to, the Community TSE Regulation
88.-(1) This regulation and regulation 89 below apply where the Scottish Ministers are satisfied it is necessary to slaughter any TSE suspect or confirmed animal, or a first generation progeny of any such animal, for the purposes of the administration or enforcement of Article 15(2) of, and chapter B of Annex VIII to, the Community TSE Regulation.
(2) Where the Scottish Ministers are satisfied that it is necessary for these purposes to slaughter a TSE suspect or confirmed animal, or a first generation progeny of any such animal, at premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 an inspector shall so inform the occupier of the premises concerned and direct the occupier to slaughter the animal in such manner and period as the inspector directs.
(3) Before an inspector gives an occupier a direction to slaughter an animal under this regulation he shall consider the hygiene, specified risk material or animal welfare requirements with which the occupier must comply at the slaughterhouse in relation to-
(a) the slaughter of the animal; and
(b) any related operation, including-
(i) the handling of the animal before and at slaughter, or the handling, storage, treatment and disposal of the carcase, any part of the carcase or any blood derived from the carcase or any part of the carcase; or
(ii) any operation in relation to any other animal or the slaughter of any other animal at the slaughterhouse, including the handling of any other animal before and at slaughter, or the handling, storage, treatment and disposal of the carcase, any part of the carcase or any blood derived from the carcase or any part of the carcase of any other animal.
(4) Where the inspector is satisfied that for the purpose of complying with any of these requirements the occupier must-
(a) slaughter any other animal at the slaughterhouse; or
(b) carry out any such related operation,
the inspector shall direct the occupier to slaughter the other animal or carry out the related operation in such manner and period as the inspector directs
(5) Directions from an inspector to an occupier under this regulation may include directions in relation to-
(a) the keeping and handling before and at slaughter of any animal at the slaughterhouse, whether or not it is to be slaughtered under a direction given under this regulation;
(b) the arrangements for the slaughter at the slaughterhouse of any animal slaughtered under a direction given under this regulation; and
(c) the treatment, storage and disposal of the carcase of any animal slaughtered at the slaughterhouse or any part of the carcase or any blood derived from the carcase or any part of the carcase.
(6) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given.
(7) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with at the expense of the person to whom the direction is given.
Slaughter at other premises: Article 15(2) of, and chapter B of Annex VIII to, the Community TSE Regulation
89.-(1) Where the Scottish Ministers are satisfied that it is necessary to slaughter a TSE suspect or confirmed animal, or a first generation progeny of any such animal, at premises other than premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 a veterinary inspector shall serve a notice of intended slaughter on the owner or person in charge of the animal-
(a) informing him of that intention; and
(b) specifying the period within which representations from the owner or person in charge of the animal may be made to the Scottish Ministers.
(2) After considering any representations received during this period from the owner or person in charge of the animal, the Scottish Ministers shall either-
(a) withdraw the notice of intended slaughter; or
(b) serve a notice on the owner or person in charge of the animal to confirm the intended slaughter of the animal.
(3) After service of the notice to confirm the intended slaughter of the animal the Scottish Ministers shall slaughter the animal as soon as possible having regard to the requirements of Article 15(2) of, and chapter B of Annex VIII to, Community TSE Regulation.
Retention and seizure of carcases etc.: Article 15(2) of, and chapter B of Annex VIII to, the Community TSE Regulation TSE
90.-(1) This regulation applies where the Scottish Ministers are satisfied that for any purpose connected with the administration or enforcement of Article 15(2) of, and chapter B of Annex VIII to, Community TSE Regulation, it is necessary-
(a) to require an occupier of premises to retain on the premises under the direction of the Scottish Ministers-
(i) any TSE suspect or confirmed animal or a first generation progeny of any such animal;
(ii) any carcase of a TSE suspect or confirmed animal or the carcase of a first generation progeny of any such animal;
(iii) any part of such a carcase or any blood derived from any such carcase or part; or
(iv) any semen, embryos or ova derived from any TSE suspect or confirmed animal; or
(b) to seize from any premises any such animal, carcase, part of a carcase, blood or semen, embryos or ova.
(2) For any such purpose an inspector may-
(a) direct the occupier of the premises to retain on the premises any such animal, carcase, part of a carcase, blood or semen, embryos or ova; or
(b) seize or dispose of any such animal, carcase, part of a carcase, blood or semen, embryos or ova, whether or not it is an animal, carcase, part of a carcase, blood or semen, embryos or ova which the occupier has been required to be retained under the direction of an inspector; or
(3) Directions from an inspector to an occupier under this regulation to retain any such animal, carcase, part of a carcase, blood or semen, embryos or ova may include directions in relation to the treatment, storage and disposal of the animal, carcase, part of a carcase, blood or semen, embryos or ova.
(4) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given.
(5) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with at the expense of the person to whom the direction is given.
Compensation
91.-(1) Where a TSE susceptible animal is slaughtered under regulation 88 or 89 above the Scottish Ministers shall pay compensation to the owner of the animal in accordance with the provisions of Part V of Schedule 1 below.
(2) Subject to paragraph (3) below, the Scottish Ministers shall pay compensation in accordance with the provisions of Part VI of Schedule 1 below to the owner of any animal, carcase, part of a carcase, blood or semen, embryos or ova seized or disposed of under regulation 90 above.
Offspring slaughter
92. Schedule 7 below shall have effect for the purpose of continuing the implementation of Council Decision 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.
(a) OJ No. L 113, 15.4.98, p.32. Council Decision 98/256/EC remains in force as a transitional measure by virtue of 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 Regulation (EC) No 1326/2001).
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