The TSE (Wales) Regulations 2002

Mammalian meat and bone meal for use in feeding stuffs for livestock E+W

12.—(1) Subject to paragraphs (5) and (6) below, it is prohibited for any person—

(a) to sell or supply for incorporation into any feeding stuff for livestock any mammalian meat and bone meal;

(b) to use any mammalian meat and bone meal in the production of any feeding stuff for livestock;

(c) to sell or supply for feeding to livestock any feeding stuff in which any mammalian meat and bone meal has been incorporated; or

(d) to feed to livestock any feeding stuff in which any mammalian meat and bone meal has been incorporated.

(2) Subject to paragraph (6) below, it is prohibited for any person to undertake any production using any mammalian meat and bone meal or any MBM product on premises where any feeding stuff for livestock is produced.

(3) Subject to paragraphs (5) to (8) below, it is prohibited for any person to have in his or her possession any mammalian meat and bone meal or any MBM product on any premises where—

(a) any livestock is kept;

(b) any feeding stuff for livestock is produced; or

(c) any feeding stuff for livestock is stored but not produced and no livestock are kept.

(4) Subject to paragraphs (6) and (8) below, it is prohibited for any person to transport any mammalian meat and bone meal or any MBM product in any vehicle in which any feeding stuff for livestock is being transported.

(5) The prohibitions in paragraphs (1) and (3) above shall not apply to the feeding to an animal of any feeding stuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued, or to the sale or supply of any feeding stuff to a research establishment for such purposes or to the possession of feeding stuff at such an establishment for such purposes.

(6) In any proceedings for an offence under paragraphs (1) to (4) above it shall be a defence for any person charged to prove—

(a) that he or she did not know or have reason to suspect that the material in question was or contained mammalian meat and bone meal; and

(b) that he or she had taken all reasonable steps to ensure that it was not and did not contain mammalian meat and bone meal.

(7) In any proceedings for an offence under paragraph (3) above in relation to any MBM product it shall be a defence for any person charged to prove—

(a) in the case of an offence under paragraph (3)(a), that the MBM product was in his or her possession solely for feeding to a pet of a species which is not commonly used as livestock in the United Kingdom or to a working dog or for use as a fertiliser on a domestic garden or for house plants;

(b) in the case of an offence under paragraph (3)(c), that both the MBM product and the feeding stuff for livestock were offered for sale on those premises;

(c) that the MBM product was stored and used in a place which was physically separated from any place where feeding stuff for livestock was stored or to which livestock had access; and

(d) that adequate precautions were taken to ensure that no equipment used with the MBM product was used with the feeding stuff for livestock.

(8) In any proceedings for an offence under paragraph (3) or (4) above it shall be a defence for any person charged to prove that at all material times both the mammalian meat and bone meal or MBM product (as the case may be) and the feeding stuff for livestock were securely packaged and that no spillage or leakage took place.

(9) No person may transport from or to any premises, or store in bulk at any premises, any mammalian meat and bone meal the sale or supply of which is prohibited by paragraph (1)(a) above, unless he or she and the premises are registered by the Secretary of State for the purpose and the premises are not used for the preparation of feeding stuffs for livestock.

(10) The Secretary of State shall register premises under this regulation where the occupier declares the premises are capable of being used in accordance with this Part of these Regulations.