« Previous | Contents | Next »
Listen
DRAFT SCOTTISH STATUTORY INSTRUMENTS
2002 No. AGRICULTURE
The TSE (Scotland) Regulations 2002
Regulations 9, 83 and 91
SCHEDULE 1
Compensation
Part I
Compensation for TSE susceptible animals slaughtered under regulations 6 or 7
1. The compensation payable for a TSE susceptible animal slaughtered under regulation 6 or 7 above shall be an amount equal to the market value of the animal.
2. The market value of the animal shall be determined-
(a) by agreement between the Scottish Ministers and the owner of the animal; or
(b) by a valuer appointed by the Scottish Ministers.
3. A valuer appointed for the purpose of this regulation shall be paid by the Scottish Ministers.
4. The valuer shall give to the Scottish Ministers and the owner a certificate in writing of the value he has determined.
5. Where an animal was certified by a veterinary surgeon before slaughter as-
(a) requiring slaughter for emergency reasons relating to the welfare of the animal;
(b) not fit for human consumption by virtue of its condition; and
(c) having no market value as a consequence,
there shall be no compensation payable for the animal.
Part II
Compensation for carcases, parts of carcases or blood of TSE susceptible animals seized or disposed of under regulation 8
1. Subject to paragraph 5 below, the compensation for any carcase, part of any carcase or any blood seized or disposed of under regulation 8 shall be compensation to the owner of the carcase, part or blood of an amount equal to the value of the carcase, part or blood at the time it was seized or disposed of.
2. The value of any carcase, part or blood seized or disposed of under regulation 8 shall be determined-
(a) by agreement between the Scottish Ministers and the owner of the carcase, part or blood seized or disposed of; or
(b) by arbitration.
3. The owner of a carcase, part of a carcase or blood seized or disposed of under regulation 8 shall pay any reasonable costs or expenses incurred by the Scottish Ministers in connection with the seizure or disposal.
4. These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part or blood seized or disposed of.
5. If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Scottish Ministers shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Scottish Ministers.
6. The owner shall pay to the Scottish Ministers amount of the excess within the period specified in the notice.
7. On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Scottish Ministers from the owner.
Part III
Compensation for TSE susceptible animals slaughtered under regulations 80 and 81
1. The compensation payable for a TSE susceptible animal slaughtered under regulations 80 or 81 above shall be an amount equal to the market value of the animal.
2. The market value of the animal shall be determined-
(a) by agreement between the Scottish Ministers and the owner of the animal; or
(b) by a valuer appointed by the Scottish Ministers.
3. A valuer appointed for the purpose of this regulation shall be paid by the Scottish Ministers.
4. The valuer shall give to the Scottish Ministers and the owner a certificate in writing of the value he has determined.
5. Where an animal was certified by a veterinary surgeon before slaughter as-
(a) requiring slaughter for emergency reasons relating to the welfare of the animal;
(b) not fit for human consumption by virtue of its condition; and
(c) having no market value as a consequence,
there shall be no compensation payable for the animal.
Part IV
Compensation for carcases, parts of carcases or blood of TSE susceptible animals seized or disposed of under regulation 82
1. Subject to paragraph 5 below, the compensation for any carcase, part of any carcase or any blood seized or disposed of under regulation 82 shall be compensation to the owner of the carcase, part or blood of an amount equal to the value of the carcase, part or blood at the time it was seized or disposed of.
2. The value of any carcase, part or blood seized or disposed of under regulation 82 shall be determined-
(a) by agreement between the Scottish Ministers and the owner of the carcase, part or blood retained, seized or disposed of; or
(b) by arbitration.
3. The owner of a carcase, part of a carcase or blood seized or disposed of under regulation 82 shall pay any reasonable costs or expenses incurred by the Scottish Ministers in connection with the seizure or disposal.
4. These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part or blood seized or disposed of.
5. If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Scottish Ministers shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Scottish Ministers.
6. The owner shall pay to the Scottish Ministers amount of the excess within the period specified in the notice.
7. On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Scottish Ministers from the owner.
Part V
Compensation for any TSE suspect or confirmed animal or a first generation progeny of any such animal slaughtered under regulations 88 and 89
1. The compensation payable for a TSE suspect or confirmed animal, or a first generation progeny of any such animal, slaughtered under regulations 88 and 89 above shall be an amount equal to the market value of the animal.
2. The market value of the animal shall be determined-
(a) by agreement between the Scottish Ministers and the owner of the animal; or
(b) by a valuer appointed by the Scottish Ministers.
3. A valuer appointed for the purpose of this regulation shall be paid by the Scottish Ministers.
4. The valuer shall give to the Scottish Ministers and the owner a certificate in writing of the value he has determined.
5. Where an animal was certified by a veterinary surgeon before slaughter as-
(a) requiring slaughter for emergency reasons relating to the welfare of the animal;
(b) not fit for human consumption by virtue of its condition; and
(c) having no market value as a consequence,
there shall be no compensation payable for the animal.
Part VI
Compensation for seizure or disposal under regulation 90
1. Subject to paragraph 5 below, the compensation for any
(a) carcase of a TSE suspect or confirmed animal or the carcase of a first generation progeny of any such animal;
(b) part of such a carcase or any blood derived from any such carcase or part; or
(c) semen, embryos or ova derived from any TSE suspect or confirmed animal;
seized or disposed of under regulation 90 shall be compensation to the owner of the carcase, part, blood or semen, embryos or ova of an amount equal to the value of the carcase, part, blood or semen, embryos or ova at the time it was seized or disposed of.
2. The value of any carcase, part, blood or semen, embryos or ova seized or disposed of under regulation 90 shall be determined-
(a) by agreement between the Scottish Ministers and the owner of the carcase, part, blood or semen, embryos or ova retained, seized or disposed of; or
(b) by arbitration.
3. The owner of a carcase, part, blood or semen, embryos or ova seized or disposed of under regulation 90 shall pay any reasonable costs or expenses incurred by the Scottish Ministers in connection with the seizure or disposal.
4. These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part, blood or semen, embryos or ova seized or disposed of.
5. If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Scottish Ministers shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Scottish Ministers.
6. The owner shall pay to the Scottish Ministers amount of the excess within the period specified in the notice.
7. On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Scottish Ministers from the owner.
Regulations 13(2)(a) and 15
SCHEDULE 2
Conditions for the transport of fishmeal for feeding to farmed animals other than ruminants
1. Fishmeal for use in the manufacture of feed for farmed animals other than ruminants shall be transported directly from the premises where the fishmeal is produced to the premises manufacturing the animal feed by means of a vehicle which at the same time is not used for the transport of other feed materials.
2. If a vehicle used for the transport of fishmeal for use in the manufacture of feed for farmed animals other than ruminants is subsequently used for the transport of other products, it shall be thoroughly cleaned and inspected before and after the transport of the fishmeal.
3. Intermediate storage of fishmeal is allowed only if it is carried out in dedicated storage plants.
4. Fishmeal imported from a third country for use in the manufacture of feed for farmed animals other than ruminants shall be transported directly from the border inspection post in accordance with the conditions laid down in Article 8 of Council Directive 97/78/EC (a) to the establishment manufacturing the animal feed by means of a vehicle which at the same time is not used for the transport of other feed materials.
5. If a vehicle used for the transport of fishmeal imported from a third country for use in the manufacture of feed for farmed animals other than ruminants is subsequently used for the transport of other products, it shall be thoroughly cleaned and inspected before and after the transport of the fishmeal.
(a) OJ No. L24, 30.1.1998, p.9.
Regulation 16
SCHEDULE 3
Conditions for the production of dicalcium phosphate for feeding to farmed animals other than ruminants
1. Dicalcium phosphate for feeding to farmed animals other than ruminants shall be produced from defatted bones.
2. The dicalcium phosphate shall be derived from bones derived from animals fit for human consumption following ante- and post-mortem inspection.
3. The dicalcium phosphate shall be produced by a process which ensures that all bone material is finely crushed and degreased with hot water and treated with dilute hydrochloric acid (at a minimum concentration of 4% and pH<1.5) over a period of at least two days followed by a treatment of the obtained phosphoric liquor with lime, resulting in a precipitate of dicalcium phosphate at pH 4 to 7, which is finally air dried with inlet temperature of 65°C-325°C and end temperature between 30°C-65°C or by an equivalent process approved in accordance with the procedure of Article 17 of Council Directive 89/662/EEC( a) concerning veterinary checks in intra-Community trade with a view to the completion of the internal market.
4. If a vehicle used for the transport of fishmeal for use in the manufacture of feed for farmed animals other than ruminants is subsequently used for the transport of other products, it shall be thoroughly cleaned and inspected before and after the transport of the fishmeal.
(a)OJ No. L 395, 30.12.1989, p.13, as last amended by Directive 1992/118/EEC (OJ No. L 62, 15.3.1993, p.49).
Regulation 16
SCHEDULE 4
Conditions for the production of hydrolysed protein for feeding to farmed animals other than ruminants
1. Hydrolysed protein from hides and skins shall-
(a) be derived from hides and skins obtained from animals which have been slaughtered in a slaughterhouse and whose carcases have been found fit for human consumption following ante- and post-mortem inspection; and
(b) be produced by a production process which involves appropriate measures to minimise contamination of hides and skins, preparation of the raw material by brining, liming and intensive washing followed by exposure of the material to a pH of >11 for >3 hours at temperature >80°C and followed by heat treatment at >140°C for 30 minutes at >3.6 bar; or by an equivalent production process approved in accordance with the procedure of Article 17 of Council Directive 89/662/EEC( a) concerning veterinary checks in intra-Community trade with a view to the completion of the internal market.
2. Hydrolysed protein from fish, feather, hides and skins shall be sampled after processing and found to have a molecular weight below 10,000 Dalton.
(a)OJ No. L 395, 30.12.1989, p.13, as last amended by Directive 1992/118/EEC (OJ No. L 62, 15.3.1993, p.49).
Regulation 54(2)(b), 64(2),
66(1) and 67(3)
SCHEDULE 5
Rendering requirements
PART I
Requirements for rendering specified risk material
1. The premises shall be adequately separated from the public highway and other premises. Notwithstanding this, they may occupy the same site as premises where animal products which are not specified risk material are rendered provided that specified risk material is stored, handled and processed separately from other animal material and by means of equipment used only for specified risk material.
2. Unauthorised persons and animals shall not be permitted to have access to the premises.
3. The premises or part of the premises used to process specified risk material must have a clean and an unclean section specified by the occupier, adequately separated. The unclean section must have a covered place to receive and store the specified risk material for processing and must be constructed in such a way that it is easy to clean and disinfect. Floors must be laid in such a way as to facilitate the draining of liquids. The premises must have adequate lavatories, changing rooms and washbasins for staff.
4. The premises shall have sufficient capacity of hot water and steam production to render specified risk material in accordance with the method in Part II of this Schedule chosen by the operator.
5. The equipment used to render specified risk material shall include-
(a) measuring equipment to check temperature and, if necessary, pressure at critical points;
(b) recording devices to record continuously the results of measurements; and
(c) an adequate safety system to prevent insufficient heating.
6. To prevent recontamination of processed specified risk material by incoming specified risk material, there must be clear separation between the area of the premises where the incoming specified risk material is unloaded and rendered and the areas set aside for further processing of the heated specified risk material and the storage of finished specified risk material products.
7. The premises must have adequate facilities for cleaning and disinfecting the containers or receptacles in which unprocessed specified risk material is received and the vehicles in which it is transported.
8. Adequate facilities must be provided for disinfecting the wheels, immediately before their departure, of vehicles transporting specified risk material or leaving the unclean section of the premises.
PART II
Methods of Rendering
METHOD 1
NATURAL FAT BATCH ATMOSPHERIC (150 MM PARTICLE SIZE)
Equipment
1. The premises shall be equipped with apparatus to crush specified risk material to the appropriate particle size, at least one cooker to cook the specified risk material, sufficient capacity of hot water and steam production to render specified risk material in accordance with this method, and equipment to separate protein from tallow and store those products.
Crushing
2. The raw material shall be reduced in size by crushing so that the particle size does not exceed 150 mm. Final reduction equipment shall be checked daily and its condition recorded. Any broken equipment shall be repaired without delay to ensure that the final particle size is achieved.
Cooking
3. Crushed material shall then be heated in a steam jacketed vessel to remove the inherent moisture at atmospheric pressure. The times and temperatures achieved during the cooking process shall be recorded in a permanent form. During the course of cooking, the material shall be maintained at a temperature in excess of 100 o C for at least 125 minutes, a temperature in excess of 110 o C for at least 120 minutes and a temperature in excess of 120 o C for at least 50 minutes. Material may be cooked so that two or more time/temperature requirements are carried out at the same time.
Separation and storage of final products
4. After cooking, the material shall be discharged from the cookers and separated into its tallow and protein components. Protein and tallow shall be stored separately.
Records
5. All records shall be kept for one year.
METHOD 2
NATURAL FAT BATCH ATMOSPHERIC (30 MM PARTICLE SIZE)
Equipment
1. The premises shall be equipped with apparatus to crush specified risk material to the appropriate particle size, at least one cooker to cook the specified risk material, sufficient capacity of hot water and steam production to render specified risk material in accordance with this method, and equipment to separate protein from tallow and store those products.
Crushing
2. The raw material shall be reduced in size by crushing so that the particle size does not exceed 30 mm. Final reduction equipment shall be checked daily and its condition recorded. Any broken equipment shall be repaired without delay to ensure that the final particle size is achieved.
Cooking
3. Crushed material shall then be heated in a steam jacketed vessel to remove the inherent moisture at atmospheric pressure. The times and temperatures achieved during the cooking process must be recorded in permanent form. During the course of cooking, the material must be maintained at a temperature in excess of 100 o C for at least 95 minutes, a temperature in excess of 110 o C for at least 55 minutes and a temperature in excess of 120 o C for at least 13 minutes. Material may be cooked so that two or more time/temperature requirements are carried out at the same time.
Separation and storage of final products
4. After cooking, the material shall be discharged from the cookers and separated into its tallow and protein components. Protein and tallow shall be stored separately.
Records
5. All records shall be kept for one year.
METHOD 3
ADDED FAT BATCH ATMOSPHERIC (30 MM PARTICLE SIZE)
Equipment
1. The premises shall be equipped with apparatus to crush specified risk material to the appropriate particle size, at least one cooker to cook the specified risk material, sufficient capacity of hot water and steam production to render specified risk material in accordance with this method, and equipment to separate protein from tallow and store those products.
Crushing
2. The raw material shall be reduced in size by crushing so that the particle size does not exceed 30 mm. Final reduction equipment shall be checked daily and its condition recorded. Any broken equipment shall be repaired without delay to ensure that the final particle size is achieved.
Cooking
3. Crushed material shall then be heated with added tallow in a steam jacketed vessel to remove the inherent moisture at atmospheric pressure. The times and temperatures achieved during the cooking process must be recorded on a permanent recording system. During the course of cooking, the material shall be maintained at a temperature in excess of 100 o C for at least 16 minutes, a temperature in excess of 110 o C for at least 13 minutes, at a temperature in excess of 120 o C for at least 8 minutes and at a temperature in excess of 130 o C for at least 3 minutes. Material may be cooked so that two or more time/temperature requirements are carried out at the same time.
Separation and storage of final products
4. After cooking, the material shall be discharged from the cookers and separated into its tallow and protein components. Protein and tallow shall be stored separately.
Records
5. All records shall be kept for one year.
METHOD 4
NATURAL FAT BATCH (BATCH PRESSURE)
Equipment
1. The premises shall be equipped with apparatus to crush specified risk material to the appropriate particle size, at least one cooker to cook the specified risk material, sufficient capacity of hot water and steam production to render specified risk material in accordance with this method, and equipment to separate protein from tallow and store those products.
Crushing
2. The raw material shall be reduced in size by crushing so that the particle size does not exceed 50 mm. Final reduction equipment shall be checked daily and its condition recorded. Any broken equipment shall be repaired without delay to ensure that the final particle size is achieved.
Cooking
3. Crushed material should then be heated in a steam jacketed vessel. After all air in the vessel has been displaced by steam, the vessel shall be sealed and heating continued until the pressure reaches 3 bar and the temperature reaches at least 133 o C. This state should be held for at least 20 minutes, after which the pressure should be lowered back to atmospheric pressure. The product should then be dried to remove all of its inherent moisture. The times, temperatures and pressures achieved during the cooking process must be recorded on a permanent recording system.
Separation and storage of final products.
4. After cooking, the material shall be discharged from the cookers and separated into its tallow and protein fractions. Protein and tallow shall be stored separately.
Records
5. All records shall be kept for one year.
METHOD 5
NATURAL FAT CONTINUOUS ATMOSPHERIC
Equipment
1. The premises shall be equipped with apparatus to crush specified risk material to the appropriate particle size, at least one cooker to cook the specified risk material, sufficient capacity of hot water and steam production to render specified risk material in accordance with this method, and equipment to separate protein from tallow and store those products.
Crushing
2. The raw material shall be reduced in size by crushing so that the particle size does not exceed 30 mm. Final reduction equipment shall be checked daily and its condition recorded. Any broken equipment shall be repaired without delay to ensure that the final particle size is achieved.
Cooking
3. The material shall be passed into a steam heated vessel. Passage of the raw material through the vessel shall be controlled by means of displacement and mechanical restrictions to ensure that the cooked dried material is discharged with all of its residual moisture removed as water vapour. The maximum feed rate for raw material and the minimum discharge temperature will be set for the vessel in the approval for the premises granted under this Order. The material shall be maintained at a temperature in excess of 100 o C for at least 95 minutes, a temperature in excess of 110 o C for at least 55 minutes and a temperature in excess of 120 o C for at least 13 minutes. Material may be cooked so that two or more time/temperature requirements are carried out at the same time. The times and temperatures achieved during the cooking process must be recorded on a permanent recording system.
Separation and storage of final products
4. After cooking, the material shall be discharged from the cookers and separated into its tallow and protein components. Protein and tallow shall be stored separately.
Records
5. All records shall be kept for one year.
METHOD 6
ADDED FAT CONTINUOUS ATMOSPHERIC
Equipment
1. The premises shall be equipped with apparatus to crush specified risk material to the appropriate particle size, at least one cooker to cook the specified risk material, sufficient capacity of hot water and steam production to render specified risk material in accordance with this method, and equipment to separate protein from tallow and store those products.
Crushing
2. The raw material shall be reduced in size by crushing so that the particle size does not exceed 30 mm. Final reduction equipment shall be checked daily and its condition recorded. Any broken equipment shall be repaired without delay to ensure that the final particle size is achieved.
Cooking
3. The material shall be passed into a steam heated vessel where a consistent level of hot liquid tallow is maintained by recycling tallow as appropriate. Passage of the raw material through the vessel shall be controlled by means of displacement and mechanical restrictions to ensure that the cooked dried material is discharged with all of its residual moisture removed as water vapour. The maximum feed rate for raw material, the maximum tallow recycle rate, and the minimum discharge temperature will be set for the vessel in the approval for the premises granted under this Order. The material shall be maintained at a temperature in excess of 100 o C for at least 16 minutes, a temperature in excess of 110 o C for at least 13 minutes, a temperature in excess of 120 o C for at least 8 minutes and a temperature in excess of 130 o C for at least 3 minutes. Material may be cooked so that two or more time/temperature requirements are carried out at the same time. The times and temperatures achieved during the cooking process must be recorded on a permanent recording system.
Separation and storage of final products
4. On discharge from the vessel, any surplus tallow not required to maintain the vessel's operating level shall be removed, and the material separated into its tallow and protein components. Protein and tallow shall be stored separately.
Records
5. All records shall be kept for one year.
METHOD 7
DEFATTED CONTINUOUS ATMOSPHERIC
Equipment
1. The premises shall be equipped with apparatus to crush specified risk material to the appropriate particle size, at least one cooker to cook the specified risk material, sufficient capacity of hot water and steam production to render specified risk material in accordance with this method, and equipment to separate protein from tallow and store those products.
Crushing
2. The raw material shall be reduced in size by crushing so that the particle size does not exceed 20 mm. Final reduction equipment shall be checked daily and its condition recorded. Any broken equipment shall be repaired without delay to ensure that the final particle size is achieved.
Pre-heating
3. The crushed material shall then be passed to a pre-heater. Passage of the raw material through the pre-heater shall be controlled by means of displacement and mechanical restrictions to ensure that the cooked material is discharged at a temperature of at least 80 o C and in a form in which water and tallow can be removed from the protein residue.
Pressing
4. The material discharged from the pre-heater must be passed through a screw press so adjusted that all water and tallow are removed from the protein residue.
Drying
5. The protein residue shall be passed into a steam heated vessel. Passage of the protein residue through the vessel shall be controlled by means of displacement and mechanical restrictions to ensure that the cooked dried protein is discharged with all of its residual moisture removed as water vapour. A maximum feed rate for protein residue and a minimum discharge temperature will be set for the vessel by an officer of the Scottish Ministers. The material shall be maintained at a temperature in excess of 80 o C for at least 120 minutes and a temperature in excess of 100 o C for at least 60 minutes. Material may be cooked so that both time/temperature requirements are carried out at the same time. The times and temperatures achieved during the cooking process must be recorded on a permanent recording system.
Storage of final products
6. Protein and tallow shall be stored separately.
Records
7. All records shall be kept for one year.
Regulations 28(4), 31(7) and 67(4)
SCHEDULE 6
Application of Part IV of the Regulations to scheme animals
Provision of the Regulations | Extent to which provision applies to scheme animals |
[ex regulation 5(3)(b) of the SRM Regulations 1997] | Not applicable |
[Ex regulation 8 of the SRM Regulations 1997] | Not applicable |
[Ex regulation 9 of the SRM Regulations 1997] | Not applicable |
[Ex regulation 10(3) of the SRM Regulations 1997] | Subject to the modification that the tongue may not be removed |
[Ex regulation 10(4) of the SRM Regulations 1997] | Subject to the modification that from the point at which specified bovine material derived from a scheme animal is removed from the slaughterhouse, it may come into contact with any other animal material from such an animal |
[Ex regulation 11 of the SRM Regulations 1997] | Not applicable |
[Ex regulation 21(1)(e) of the SRM Regulations 1997] | Not applicable |
[Ex regulation 24(4) of the SRM Regulations 1997] | Subject to the modification that specified risk material may come into contact with any animal material from a scheme animal |
[Ex regulation 24(6) of the SRM Regulations 1997] | Subject to the modification that equipment used for processing specified risk material may be used for processing any part of a scheme animal |
[ex regulation 24(9) of the SRM Regulations 1997] | Subject to the modification that protein and tallow produced from specified risk material of scheme animals shall be disposed of by burning by means which have been licensed under the Environmental Protection Act 1990 |
[Ex regulation 27(1) of the SRM Regulations 1997] | Subject to the modification that the impervious container or part of the vehicle (as the case may be) may also contain animal material from scheme animals |
[Ex paragraph 1 of Schedule 1 to the SRM Regulations 1997] | Subject to the modification that specified risk material need not be stored, handled and processed separately from animal material from scheme animals |
Regulation 92
SCHEDULE 7
Offspring Slaughter
Interpretation
1.-(1) For the purposes of this Schedule-
"barrener cattle" means adult female bovine animals which have had one or more calves and which are being sold either for immediate slaughter or for further fattening before slaughter;
"beef breeding offspring animal" means an offspring animal, other than a pedigree offspring animal or a productive offspring animal, intended for suckler production;
"beef offspring animal" means an offspring animal, other than a pedigree offspring animal or a productive offspring animal, intended for the production of meat for human consumption;
"beef special premium" is the premium payable under Article 4(b) of Council Regulation (EEC) 805/68 as amended( a);
"bovine animal" includes buffalo of the species Bubalus bubalis and Bison bison;
"cattle passport" has the same meaning as in the Cattle Identification Regulations 1998( b);
"the Council Decision" means Council Decision 98/256/EC( c) concerning emergency measures to protect against bovine spongiform encephalopathy;
(a)OJ No. L 148, 28.6.68, p. 24 (OJ/SE Vol. I, p. 187); the last relevant amendment was made by Council Regulation (EC) No. 2222/96, OJ No. L 296, 21.11.96, p. 50.
(b) S.I. 1998/871 as amended by S.I. 1998/1796.
(c) OJ No. L 113, 15.4.98, p.32 as amended by Commission Decision 98/564/EC (OJ No. L273, 9.10.98, p. 37) and Commission Decision 98/[ ]/EC of 25.11.98 (OJ No. L[ ]).
"dairy offspring animal" means an offspring animal, other than a pedigree offspring animal or a productive offspring animal, intended for the production of milk for human consumption;
"indicative market price" means a price calculated in accordance with
"market value" means-
(a) in the case of an offspring animal aged 30 months or over, either-
(i) the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an offspring animal; or
(ii) the purchase price which would have applied had the animal been slaughtered at the time of valuation under the OTMS,
whichever is the higher; and
(b) in the case of an offspring animal aged under 30 months, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an offspring animal;
"offspring animal" means a bovine animal born on or after 1 August 1996 in the United Kingdom, to a dam which-
(a) was affected or suspected of being affected with BSE when it gave birth to the animal; or
(b) has subsequently become affected or suspected of being affected with BSE;
"OTMS" means the Over Thirty Months Scheme for the purchase and slaughter of bovine animals aged over thirty months referred to in Commission Regulation (EC) No. 716/96( a) adopting exceptional support measures for the beef market in the United Kingdom, as amended;
"pedigree offspring animal" means an offspring animal which is a pure-bred breeding animal of the bovine species within the meaning of Council Directive 77/504/EEC( b);
(a) O.J. No. L99, 20.4.96, p. 14, as amended by Commission Regulations (EC) Nos. 774/96 (O.J. No. L104, 27.4.96, p. 21), 835/96 (O.J. No. L112, 7.5.96, p. 17), 1512/96 (O.J. No. L189, 30.7.96, p.93), 1846/96 (O.J. No. L245, 26.9.96, p. 9), 1974/96 (O.J. No. L262, 16.10.96, p. 2), 2149/96 (O.J. No. L288, 9.11.96, p. 14), 2423/96 (OJ No. L329, 19.12.96, p. 43) and 1365/97 (OJ No. L188, 17.7.97, p. 6).
(b) O.J. No. L 206, 12.8.77, p. 8 to which there are amendments not relevant to these Regulations.
"productive offspring animal" means-
(a) a female offspring animal in milk or in calf;
(b) a male offspring animal, other than a pedigree offspring animal, kept for breeding purposes;
(2) For the purpose of calculating the compensation payable for an offspring animal the age of the animal at slaughter shall be conclusively determined by reference to the date of birth of the animal shown on the cattle passport for the animal.
Requirements relating to offspring animals
2.-(1) If an inspector is of the opinion that there is an offspring animal on any premises, he may serve a notice in Form OC 1 on the person appearing to him to be the owner or person in charge of that animal.
(2) On the service of a notice in Form OC 1-
(a) the requirements contained in that notice shall have effect; and
(b) the owner or person in charge of the animal who has been served with the notice shall surrender the cattle passport for the animal to an officer of the Scottish Ministers.
(3) The occupier of any premises and his employees, and any person 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 and comply with such reasonable requirements as are necessary to assist the inspector to form his opinion and carry out any inspection, examination, test, sampling or marking under this regulation; and
(b) if so required by an inspector, or by an officer of the Scottish Ministers, 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; and
(iii) the location and movement of any animal or carcase which is or has been in his possession or charge.
(4) If an animal to which a notice in Form OC 1 relates is moved from premises under a licence issued by an officer of the Scottish Ministers which is subject to a condition, the notice in Form OC 1 shall, providing the animal is moved in accordance with the condition, cease to have effect on the expiry of the period in respect of which the condition applies.
(5) A notice in Form OC 1 may at any time be withdrawn by a notice in Form OC 3 served by a veterinary inspector on the person appearing to him to be the owner or person in charge of the animal to which the notice in Form OC 1 relates.
Notice of intended slaughter
4.-(1) The Scottish Ministers may, if they think fit, cause to be slaughtered any offspring animal.
(2) Subject to paragraph (5) below, where the Scottish Ministers propose to cause an offspring animal to be slaughtered under this paragraph a veterinary inspector shall serve a notice of intended slaughter in Form OC 2 on the person appearing to him to be the owner or person in charge of the animal specifying the premises at which the animal is to be slaughtered.
(3) Following the service of a notice in Form OC 2 an inspector may insert or administer an implant for the purpose of electronically tagging an offspring animal.
(4) No person except an inspector shall remove or otherwise interfere with an implant inserted or administered under paragraph (3) above.
(5) Where an animal is presented at any premises for slaughter for human consumption and a veterinary inspector is of the opinion that the animal is an offspring animal, the Scottish Ministers may cause the animal to be slaughtered under this paragraph without any notice in Form OC 2 being served on the owner or person in charge of the animal before it is slaughtered.
(6) Where an offspring animal is slaughtered in accordance with paragraph (5) above an inspector or officer of the Scottish Ministers shall, as soon as reasonably practicable thereafter, give notice to the owner or other person in charge of the carcase of the slaughtered animal that the animal has been slaughtered as an offspring animal.
(7) If an animal to which a notice in Form OC 2 relates is moved from premises under a licence issued by an officer of the Scottish Ministers which is subject to a condition, the notice in Form OC 2 shall, providing the animal is moved in accordance with the condition, cease to have effect on the expiry of the period in respect of which the condition applies.
(8) A notice in Form OC 2 may at any time be withdrawn by a notice in Form OC 3 served by a veterinary inspector on the owner or person in charge of the animal to which the notice in Form OC 2 relates.
Compensation for slaughtered offspring animals
5.-(1) Subject to the provisions of this paragraph, where the Scottish Ministers causes an offspring animal to be slaughtered under regulation 4 the Scottish Ministers shall pay compensation in accordance with the provisions of this paragraph.
(2) The compensation payable for a pedigree offspring animal or a productive offspring animal shall be an amount equal to the market value of the animal.
(3) The compensation payable for a dairy offspring animal, a beef breeding offspring animal or a beef offspring animal shall be the percentage of the indicative market price for the month in which the animal is slaughtered specified in the table in Part I of Schedule 2 for an animal of the description and age of the animal slaughtered; together with the amount (if any) specified in that table in respect of any beef special premium payable for the animal which has not been claimed.
(4) The table in Part II of Schedule 2 sets out an example of the amounts of compensation payable for dairy offspring animals, beef breeding offspring animals and beef offspring animals ascertained by reference to the percentage of the indicative market price for these animals for [ ].
(5) The market value of a pedigree offspring animal or a productive offspring animal shall, for the purposes of payment of compensation under these Regulations, be determined-
(a) by agreement between the Scottish Ministers and the owner of the animal; or
(b) by one valuer appointed jointly by the Scottish Ministers and the owner.
(6) If the market value of a pedigree offspring animal or a productive offspring animal cannot be agreed under paragraph (5)(a) above, or if there is no valuer appointed jointly under paragraph (5)(b) above, the market value of the animal shall be determined by a valuer nominated by the President of the Royal Institution of Chartered Surveyors.
(7) A valuer appointed or nominated for the purpose of this regulation shall be paid by the Scottish Ministers and shall give to the Scottish Ministers and the owner a certificate in writing of the value he has determined.
(8) Where an offspring animal is slaughtered as an offspring animal and was certified before slaughter by a veterinary surgeon as-
(a) requiring slaughter for emergency reasons relating to the welfare of the animal;
(b) not fit for human consumption by virtue of its condition; and
(c) having no market value as a consequence,
there shall be no compensation payable for the animal under this paragraph.
(9) Where an offspring animal is slaughtered as an offspring animal and was certified in form OC 4 before slaughter by a veterinary surgeon as-
(a) requiring slaughter for emergency reasons relating to the welfare of the animal;
(b) not unfit for human consumption by virtue of its condition,
compensation shall be payable for the animal in accordance with the compensation payable under sub-paragraph (3) above for a beef animal of the age of the animal slaughtered (without any amount in respect of beef special premium).
(10) 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( a) 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( b) 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.
(11) 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.
(12) The Scottish Ministers shall take such steps as they consider appropriate for the purpose of bringing to the notice of such organisations as appear to him to be representative of owners of bovine animals-
(a) the indicative market price in respect of each month; and
(b) the number of animals and the sale price of the animals on which the calculation of such indicative market price was based.
(a)1981 c.22; section 35(1A) was inserted by section 1(2) of the Animal Health and Welfare Act 1984 (c.40).
(b) S.I. 1978/1485, amended by S.I. 1981/1448, S.I. 1996/1358 and S.I. 1998/2151.
« Previous | Contents | Next »