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PROPOSAL TO LIFT THE RETAIL BAN ON BEEF-ON-THE-BONE

The following letter was sent to organisations concerned on 30 Nevember 1999

Dear Sir/Madam

I should be grateful for your comments on proposals to amend the Beef Bones Regulations 1997 in Scotland which would have the effect of lifting the retail ban on beef-on-the-bone. It is proposed that the ban on the use of bone-in beef and beef bones in manufactured food shall remain in place.

The proposed changes follow the latest advice to Scottish Ministers submitted by the Chief Medical Officer, Sir David Carter. A copy of the relevant medical advice is attached for information.

I can therefore now write formally to consult you about the revised legislation to implement the following proposals:

1. lifting the retail ban on bone-in beef, and of beef bones for human consumption;
2. lifting the retail ban on beef cooked on the bone and on food made using beef bones where this is sold directly to the consumer (e.g. in the restaurant where the food was prepared);
3. retaining the present ban on the use of bone-in-beef and beef bones in food manufacturing.

The purpose of this is to enable consumers to buy beef-on-the-bone, beef bones and foods made using beef bones in circumstances where they are able to make an informed choice (including, for example, by asking in a restaurant if beef had been cooked on the bone).

In addition the draft Regulations delete the requirements for the disposal of bones and for records to be kept of such disposal because the requirements of the Animal By-Products Order 1999, now apply.

A copy of the draft Regulations and a draft Regulatory Impact Assessment is attached.

The 1997 Regulations were made on a Great Britain basis but, following devolution, the Scottish Parliament and National Assembly for Wales, are now responsible for the controls in Scotland and Wales respectively, while the Westminster Parliament legislates for England. It may be helpful for you to know that similar changes are being proposed in England and Wales but that a decision to initiate parallel changes in Northern Ireland has been deferred because of the impending transfer of powers to the Ulster Assembly.

The draft Regulatory Impact Assessment sets out the background to the proposed changes and their anticipated effects in more detail. Comments and suggestions are invited on this as well as on the proposed changes to the Regulations. If the proposed measure would have a financial effect on you I would appreciate it if you could include an estimate of this in your response.

In order to inform public debate on this proposal, we generally make responses to our consultations public. Please let me know if you wish all or part of your response to be excluded from this arrangement. If you want to see or obtain a copy of responses which other people have agreed can be made public, the main Scottish Executive library is at K Spur, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD, Tel: 0131 244 8455

For those wishing to obtain copies of comments, an administrative charge will be made. To enable requests to be dealt with efficiently, and to avoid undue delay for those calling at the library in person, it would be appreciated if personal callers could give the library at least 24 hours’ notice of their likely requirements.

DEADLINE FOR REPLY: 7 DECEMBER 1999 (close of business)

Please reply to:

Mr Gareth Brown
SERAD A2
Room 358D
Pentland House
47 Robb’s Loan
Edinburgh
EH14 1TY

Gareth.Brown@scotland.gov.uk

I will let you know the outcome of this consultation as soon as I can.

Yours faithfully,

Extract from

BONE-IN BEEF AND CATTLE BONES: ADVICE TO THE GOVERNMENT FROM THE CHIEF MEDICAL OFFICER

RECOMMENDATIONS

• A decision to lift the bone-in beef ban should in my assessment be informed by the fact that the additional risk to human health created would at this stage of the cattle epidemic be tiny and unquantifiable in any meaningful way.
• The retention of the ban on the use of bones for manufacturing food products (including infant foods) would be a sensible and very precautionary approach. It would take account of the possibility that bone marrow might be infective (though this is by no means certain). It would protect consumers who might wish to avoid any risk associated with beef bone from being supplied with it in circumstances where they could not make a fully informed personal choice.

Professor Donaldson’s full report and other recommendations has been published and is available on the Ministry’s website or on request.

Extract from an announcement of new support package for farmers made by the Minister, Nick Brown, on 20 September 1999

The Chief Medical Officer, Professor Donaldson, has submitted advice to me and the Secretary of State for Health which I shall publish in full later this week. Professor Donaldson's view is that it is now possible to lift the ban on retail sales, but desirable to retain it for manufacturing uses. Frank Dobson and I accept this advice. The CMOs for other parts of the United Kingdom prefer to wait a little longer. It would obviously be better to lift the ban on a UK-wide basis, so some further delay is inevitable.

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