46.—(1) No person shall place on the market any specified risk material, or any food containing specified risk material, for human consumption.
(2) No person shall use any specified risk material in the preparation of food for human consumption.
(3) No person shall place on the market any specified risk material for use in the preparation of any food for human consumption.
(4) For the purposes of this regulation “specified risk material” includes anything derived from it.
47.—(1) Subject to paragraph (2) below, no person shall–
(a)place on the market any specified risk material for any feedingstuff, or any feedingstuff containing specified risk material;
(b)use any specified risk material in the preparation of any feedingstuff; or
(c)place on the market any specified risk material for use in the preparation of any feedingstuff.
(2) Paragraph (1) above shall not apply to–
(a)the placing on the market of any specified risk material; or
(b)the use of any specified risk material,
in the preparation of any feedingstuff for feeding to any animal for research purposes in a research establishment licensed under these Regulations in accordance with any conditions subject to which the licence is issued.
(3) Subject to paragraph (4) below, no person shall place on the market any specified risk material, or any feedingstuff which that person knows or has reason to suspect contains any specified risk material, for feeding to any animal.
(4) Paragraph (3) above shall not apply to the placing on the market of any feedingstuff to a research establishment licensed under these Regulations in accordance with any conditions subject to which the licence is issued.
(5) Subject to paragraph (6) below, no person shall feed to any animal–
(a)any specified risk material;
(b)any feedingstuff which that person knows or has reason to suspect contains any specified risk material; or
(c)a whole carcase or any part of a sheep, goat or bovine animal from which specified risk material has not been removed in accordance with these Regulations.
(6) Paragraph (5)(a) and (b) above shall not apply to the feeding to any animal of any specified risk material or feedingstuff for research purposes in a research establishment licensed under these Regulations and in accordance with any conditions subject to which the licence is issued.
(7) For the purposes of this regulation–
(a)“specified risk material” includes anything derived from it;
(b)a feedingstuff shall be treated as containing specified risk material if it contains anything derived from it; and
(c)“animal” does not include a human being.
(8) It shall be a defence for any person charged with an offence under this regulation to prove that that person did not know or have any reason to believe that the material or the feedingstuff in relation to which that person is charged, contained specified risk material.
48.—(1) No person shall [F1place on the market] any UK specified risk material for use in the preparation or manufacture of any cosmetic, pharmaceutical or medical product.
(2) No person shall use any UK specified risk material in the preparation or manufacture of any ingredient to be sold for use in the preparation or manufacture of a cosmetic, pharmaceutical or medical product.
(3) The prohibitions in paragraphs (1) and (2) above shall apply to anything derived from UK specified risk material as if it were UK specified risk material.
(4) It shall be a defence for any person charged with an offence under paragraph (1) or (2) above to prove that that person did not know or have any reason to believe that the material was, or was derived from, UK specified risk material.
Textual Amendments
F1Words in reg. 48(1) substituted (26.5.2003) by The TSE (Scotland) Amendment Regulations 2003 (S.S.I. 2003/198), regs. 1, 2(6)
[F249.—(1) No person shall contravene or fail to comply with point 3 of Part A of Annex XI to the Community TSE Regulation.
(2) No person shall use any mechanically separated meat which is derived from a bovine, ovine or caprine animal in the preparation of any food for human consumption or any feedingstuff.]
Textual Amendments
F2Reg. 49 substituted (11.1.2006) by The Food Hygiene (Scotland) Regulations 2006 (S.S.I. 2006/3), reg. 1(1), sch. 7 para. 40 (with reg. 35)
49A. No person shall contravene or fail to comply with point 6 of Part A of Annex XI to the Community TSE Regulation (tongue harvesting).
Textual Amendments
F3Regs. 49A, 49B inserted (3.5.2006) by The TSE (Scotland) Amendment (No. 2) Regulations 2006 (S.S.I. 2006/231), regs. 1, 11
49B. No person shall contravene or fail to comply with point 7 of Part A of Annex XI to the Community TSE Regulation (head meat harvesting).]
Textual Amendments
F3Regs. 49A, 49B inserted (3.5.2006) by The TSE (Scotland) Amendment (No. 2) Regulations 2006 (S.S.I. 2006/231), regs. 1, 11