The Transmissible Spongiform Encephalopathies (No. 2) Regulations 2006

Retention of products and disposal

5.—(1) In relation to any sampled bovine animal, the occupier of a slaughterhouse, hide market or tannery must, for the purposes of point 6(3) of Part I of Chapter A of Annex III to the Community TSE Regulation and pending receipt of the test result, either—

(a) retain all carcases and all parts of the body (including the blood and the hide) that will have to be disposed of in the event of a positive result; or

(b) dispose of them in accordance with sub-paragraph (2).

(2) For the purposes of points 6(4) and 6(5) of that Part, if a positive result is received for a sampled animal, he must immediately dispose of—

(a) the carcase and all parts of the body of that animal (including the blood and the hide); and

(b) unless a derogation has been granted under point 6(6) of that Part, the carcase and all parts of the body (including the blood and the hide) of the animal immediately preceding that animal on the slaughter line and the two animals immediately following it,

in accordance with point 6(4) of that Part.

(3) If no sample has been sent to an approved testing laboratory for testing in accordance with paragraph 3 of this Schedule, or if a no-test result is received, in respect of an animal required to be tested under this Schedule, the occupier must immediately dispose of—

(a) the carcase and all parts of the body (including the blood and the hide) of that animal; and

(b) unless a derogation has been granted under point 6(6) of Part I of Chapter A of Annex III to the Community TSE Regulation, the carcase and all parts of the body (including the blood but not the hide) of the animal immediately preceding that animal on the slaughter line and the two animals immediately following it,

in accordance with point 6(4) of that Part; and for the purposes of this sub-paragraph “no-test result” means a sample that an approved testing laboratory has certified cannot be tested for any reason.

(4) The Secretary of State may grant in writing a derogation under point 6(6) of Part I of Chapter A of Annex III to the Community TSE Regulation if she is satisfied that there is a system in place that prevents contamination between carcases.

(5) In relation to any sampled sheep or goat, the occupier of a slaughterhouse, hide market or tannery must—

(a) for the purposes of point 7(3) of Part II of Chapter A of Annex III to the Community TSE Regulation, retain the carcase and all parts of the body (including the blood and the hide) pending receipt of the test result; and

(b) in the event of a positive result, immediately dispose of the carcase and all parts of the body (including the blood and the hide) in accordance with point 7(4) of that Part.

(6) In this paragraph the powers of an inspector may also be exercised by a person appointed as such in relation to a hide market or tannery by the Meat and Livestock Commission.

(7) Any person who fails to comply with sub-paragraphs (1) to (3) or (5) is guilty of an offence.