The Transmissible Spongiform Encephalopathies (Amendment) Regulations (Northern Ireland) 2009

Amendment to the Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2008

2.—(1) The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2008(1) are amended in accordance with this Regulation.

(2) In regulation 2(1) (Interpretation)

(a) “Commission Decision 2008/908/EC” means Commission Decision 2008/908/EC authorising certain member States to revise their annual BSE monitoring programme; shall be substituted by —

““Commission Decision 2009/719/EC” means Commission Decision 2009/719/EC authorising certain member States to revise their annual BSE monitoring programme(2);”

(b) in the definition of “Community TSE Regulation” paragraph (c) shall be substituted by—

“(c) Commission Decision 2009/719/EC;”

(3) For paragraph 1 of Part I of Schedule 2 (Monitoring for TSE) substitute—

“Notification of the body of a goat for the purpose of monitoring under Article 6 of the Community TSE Regulation

1.— (1) For the purpose of monitoring under Article 6 of the Community TSE Regulation, a person who has in their possession, or under their control, the body of a goat aged 18 months or over at death, must—

(a) within 24 hours from the time when the animal died or was killed or the body came into their possession or under their control notify the death of the animal to a person approved by the Department to receive the notification; and

(b) detain it until it has been collected by that person approved by the Department in accordance with paragraph 1(1)(a),

and failure to do so is an offence.

(2) This paragraph does not apply in relation to goats slaughtered for human consumption or killed in accordance with Schedule 4.

Arrangements in respect of the body of a bovine animal for the purpose of monitoring under Article 6 of the Community TSE Regulation

1A.— (1) For the purpose of monitoring under Article 6 of the Community TSE Regulation, a person who has in their possession or under their control the body of a bovine animal that must be tested for BSE in accordance with point 3(1) of Part I of Chapter A of Annex III to that Regulation as read with Commission Decision 2009/719/EC(3) must within 24 hours, unless directed otherwise by the Department, identify an approved TSE sampling site that will carry out sampling for the test and either—

(a) make arrangements with the operator of the sampling site to have it collected and detain the body of the bovine animal until it has been collected; or

(b) agree with the operator of the sampling site that it can be taken to that site and ensure it’s arrival at the site within the timeframe stipulated by the operator in accordance with the official document relating to the site approved by the Department under paragraph 4A,

and failure to do so is an offence.

(2) The period of 24 hours referred to in sub-paragraph (1) runs from the time when the animal died or was killed or came into the possession or under the control of the person to whom the requirements of paragraph 1A(1)(a) or (b) apply.

Persons collecting and delivering the body of a bovine animal

1B.   The operator of an approved TSE sampling site with whom an arrangement has been made in accordance with paragraph 1A(1)(a) must, unless otherwise directed by the Department, ensure that it is collected and delivered to that site in accordance with the official document relating to the site approved by the Department under paragraph 4A and failure to do so is an offence.

Brain stem sampling of the body of a bovine animal

1C.   The operator of an approved TSE sampling site to which the body of a bovine animal has been delivered must—

(a) take a sample comprising the brain stem for testing in accordance with point 1 Chapter C of Annex X of the Community TSE Regulation as read with Commission Decision 2009/719/EC;

(b) ensure that the bovine animal from which the sample is taken can be identified; and

(c) prepare the sample for delivery to an approved testing laboratory,

and failure to do so is an offence.

Destruction without sampling

1D.   Any person who destroys the body of a bovine animal to which paragraph 1A applies before it has undergone sampling at an approved TSE sampling site, except in accordance with a direction of the Department, commits an offence.

Retention and Disposal of the body of a bovine animal pending test results

1E.   The operator of an approved TSE sampling site at which the body of a bovine animal has been sampled in accordance with this Part must comply with point 6(3) of Chapter A of Annex III of the Community TSE Regulation and failure to do so is an offence.”

(4) In paragraph 4(1) of Part I of Schedule 2 (Monitoring for TSE) for the words “under paragraph 3” substitute the words “in accordance with this Part”.

(5) After paragraph 4 of Part I of Schedule 2 (Monitoring for TSE) insert—

“Approved TSE sampling sites

4A.— (1) The Department must, on written application, approve a sampling site to sample animals to which paragraph 1A applies if it is satisfied that the operator has adequate control procedures and facilities to carry out the sampling.

(2) An “approved TSE sampling site” in this Part means a sampling site approved by the Department under this paragraph to carry out TSE sampling.”.

(6) In paragraph 3(1) (brain stem sampling of bovine animals) of Part I of Schedule 2 (Monitoring for TSE), for Commission Decision 2008/908/EC substitute—

“Commission Decision 2009/719/EC”

(7) In paragraph 5(1)(b) and (c) and paragraph 5(3) (slaughter of bovine animals) of Part I of Schedule 2 (Monitoring for TSE), for Commission Decision 2008/908/EC substitute—

“Commission Decision 2009/719/EC”

(8) In paragraph 1(1)(c), (d) and (e) (animal identification and separation) of Part II of Schedule 2 (Contents of a RMOP), for Commission Decision 2008/908/EC substitute—

“Commission Decision 2009/719/EC”

(9) In paragraph 4(1)(b) (identification and restriction of offspring and cohorts) of Schedule 3 (Control and eradication of TSE in bovine animals), for Commission Decision 2008/908/EC substitute—

“Commission Decision 2009/719/EC”

(1)

S.R. 2008 No. 508

(2)

O.J. No. L 256, 29.9.2009, p. 35

(3)

O.J. No. L 256, 29.9.2009, p. 35