87.—(1) A person who has in his possession or under his charge any –
(a)first generation progeny of –
(i)a female bovine animal infected with a TSE;
(ii)a BSE-confirmed ovine or caprine animal; or
(b)any embryos or ova derived from a female bovine animal infected with a TSE, or a BSE-confirmed ovine or caprine animal; or
(c)any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine 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 Officer.
(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 a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine 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 any animal, or any semen, embryos or ova derived from an animal, reasonably suspects it is an animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or embryos or ova derived from a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal or semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, shall –
(a)with all practicable speed, notify the fact to the Divisional Veterinary Officer;
(b)retain the sample examined and the remainder of the carcase or semen, embryos or ova 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.
88.—(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 private dwelling) to –
(a)ascertain whether any animal which is the first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal is being or has been kept on the premises;
(b)collect, pen, inspect and examine any animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine 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)female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(ii)animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(iii)carcase of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal; or
(iv)carcase of an animal of first generation progeny of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal;
(d)mark or tag for identification purposes, or administer or otherwise attach an electronic identification device to, any –
(i)female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(ii)animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(iii)carcase of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal; or
(iv)carcase of an animal of first generation progeny of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal;
(e)serve a notice to restrict or prohibit the movement, or issue a licence in connection with the movement of –
(i)any female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(ii)any animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(iii)any carcase of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal; or
(iv)any carcase of an animal of first generation progeny of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal;
(f)seize or dispose of –
(i)any female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(ii)any animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(iii)any carcase of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal; or
(iv)any carcase of an animal of first generation progeny of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal;
(g)serve any notice in connection with the slaughter or slaughter –
(i)any female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(ii)any animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(h)give a direction under regulation 92;
(i)serve a notice requiring any cleansing and disinfection or carry out or cause to be carried out any cleansing and disinfection;
(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 any record is kept by means of a computer, may require that record to be produced in a form in which it may be taken away; or
(l)ascertain whether there is or has been any contravention of, or failure to comply with, this Part or any evidence of any such contravention or failure.
(3) No person except an inspector shall remove or otherwise interfere with any mark or tag applied to any animal or carcase under paragraph (2)(d) and no person except a veterinary inspector shall remove or otherwise interfere with any electronic identification device attached to or otherwise administered to such an animal under that paragraph.
(4) If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for an inspector to enter any premises (excluding premises used only as a private dwelling) for any purpose mentioned in paragraph (2) 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 under 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; or
(iii)any embryos or ova derived from any female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal; and
(iv)the location and movement of any animal or carcase, or any embryos or ova derived from a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or BSE-confirmed ovine or caprine 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.
(7) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
89.—(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 susceptible animal;
(b)any animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(c)carcase of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal; or
(d)carcase of an animal of first generation progeny of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine 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, semen, embryos or ova from or to any premises described in the notice for such period, and subject to such requirements and conditions, as he considers necessary for that purpose and specified in the notice.
(3) During the period in which the notice is in force an 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 further renewed in a similar manner by an inspector.
(5) Where a notice is in force under this regulation the conditions of which permit movement of any animal, carcase, semen, embryos or ova from premises under the authority of a licence issued by an inspector, an inspector may issue such a licence subject to such conditions as he considers necessary.
(6) Where an animal, carcase, semen, embryos or ova is being or are moved under the authority of a licence issued under this Part the person in charge of the animal, carcase, semen, embryos or ova being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or a member of the Police Service of Northern Ireland, produce the licence and allow a copy or extract to be taken, and shall, on such demand, furnish his name and address.
90.—(1) This regulation and regulation 91 apply where, for the purposes of the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, Community TSE Regulation, the Department is satisfied it is necessary to slaughter –
(a)any TSE susceptible animal; or
(b)any animal of first generation progeny of –
(i)a female bovine animal infected with a TSE; or
(ii)a BSE-confirmed ovine or caprine animal.
(2) Where the Department is satisfied that for these purposes it is necessary to slaughter an animal of a description referred to in paragraph (1) at premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997 an inspector shall so inform the occupier of the premises concerned and direct the occupier to slaughter the animal in such manner and within such 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 and 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, 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 that animal before and at slaughter, the handling, storage, treatment and disposal of the carcase of that animal, any part of the carcase or any blood derived from the carcase or any part of the carcase.
(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 within such 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 and any costs reasonably incurred by an inspector in respect of such an arrangement shall be recoverable as a debt from the person who has failed to comply with the direction.
91.—(1) Where the Department is satisfied that it is necessary to slaughter an animal of a description referred to in regulation 90(1) at premises other than premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997 an inspector shall serve a notice on the owner or person in charge of the animal –
(a)informing him of the intention to slaughter the animal; and
(b)specifying the period within which representations from the owner or person in charge of the animal may be made to the Department.
(2) After considering any representations received during this period from the owner or person in charge of the animal, the Department shall either –
(a)withdraw the notice of intended slaughter; or
(b)serve a notice on the owner or person in charge of the animal confirming the intended slaughter of the animal.
(3) After service of the notice confirming the intended slaughter of the animal the Department 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.
92.—(1) This regulation applies where 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, the Department is satisfied it is necessary –
(a)to require an occupier of premises to retain on the premises under the direction of the Department –
(i)any TSE susceptible animal;
(ii)any animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(iii)any carcase of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal;
(iv)any carcase of an animal of first generation progeny of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal; or
(v)any part of such a carcase or any blood derived from any such carcase or part of the carcase; or
(b)to seize from any premises any such animal, semen, embryos, ova, carcase, part of a carcase or blood.
(2) For any such purpose an inspector may –
(a)direct the occupier of the premises to retain on the premises any such animal, semen, embryos, ova, carcase, part of a carcase or blood; or
(b)seize or dispose of any such animal, semen, embryos, ova, carcase, part of a carcase or blood, whether or not it is an animal, semen, embryo, ova, carcase, part of a carcase or blood which the occupier has been required to retain under the direction of an inspector.
(3) Directions from an inspector to an occupier under this regulation may include directions in relation to the treatment, storage and disposal of the animal, semen, embryo, ova, carcase, part of a carcase or blood.
(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 and any costs reasonably incurred by an inspector in respect of such an arrangement shall be recoverable as a debt from the person who has failed to comply with the direction.
93.—(1) Where an animal is slaughtered under regulation 90 or 91 the Department shall pay compensation to the owner of the animal in accordance with the provisions of Part V of Schedule 1.
(2) The Department shall pay compensation in accordance with the provisions of Part VI of Schedule 1 to the owner of any animal, semen, embryo, ova, carcase, part of a carcase or blood seized or disposed of under regulation 92.
94.—(1) The Department may in any case cause to be slaughtered offspring animals.
(2) Where an animal is slaughtered under paragraph (1), the Department shall pay compensation to the owner of the animal in accordance with the provisions of Part VII of Schedule 1.
95.—(1) A veterinary inspector may serve on the occupier of any premises on which there is, or has been within the previous 56 days, any –
(a)bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(b)animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(c)any carcase of a bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal; or
(d)any carcase of an animal of first generation progeny of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal,
a notice requiring him to cleanse and disinfect, at his own expense and in such a manner and within such period as may be specified in the notice, all or any part of the premises or any equipment or any other thing used in connection with any such animal or carcase.
(2) If any person on whom a notice is served under paragraph (1) fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person on whom the notice was served.