The Specified Bovine Offal Order 1995

Citation and commencement

1.  This Order, which relates to material which may contain the agent causing bovine spongiform encephalopathy and which implements in respect of specified bovine offal—

(a) paragraphs 1(b) and 3(a) of Article 3 of Commission Decision 94/474/EC (concerning certain protection measures relating to bovine spongiform encephalopathy and repealing Decisions 89/469/EEC and 90/200/EEC);(1) and

(b) the provisions relating to animal waste of Council Directive 90/667/EEC (laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC),(2)

may be cited as the Specified Bovine Offal Order 1995 and shall come into force on 15th August 1995.

Interpretation

2.—(1) In this Order, unless the context otherwise requires—

“approved” means approved by the appropriate Minister;

“enforcement authority” means the appropriate body specified in article 25 below;

“feedingstuff” includes petfood;

“food” has the same meaning as in the Food Safety Act 1990;(3)

“intestines” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum;

“sell” includes have in possession for sale or offer or expose for sale;

“skull” does not include the bones of the lower mandible, those of the hyoid apparatus or those anterior to a transverse section formed between the posterior molars of the upper jaw and a point 30 millimetres anterior to both orbits;

“slaughterhouse” means any building, premises or place for slaughtering animals the flesh of which is intended for sale for human consumption;

“specified bovine offal” means—

(a)

the brain, spinal cord, spleen, thymus, tonsils and intestines of a bovine animal six months old or over which has died in the United Kingdom or has been slaughtered there;

(b)

the thymus and intestines of a bovine animal two months old or over but less than six months old which has died in the United Kingdom or has been slaughtered there;

(c)

the thymus and intestines of a bovine animal under two months old which has been slaughtered in the United Kingdom for human consumption,

and includes anything left attached to such organ after dissection of the carcase and any animal matter which comes into contact with the organ after it has been removed from the carcase, but does not include a whole carcase;

“tallow” means fat derived from animal tissues by a process of cooking.

(2) Any reference to a head means the head of a bovine animal six months old or over.

(3) For the purposes of this Order the supply of food or feedingstuffs otherwise than by sale at, in or from any place where food or feedingstuffs are supplied in the course of a business, shall be deemed to be a sale.

Approvals

3.—(1) The appropriate Minister may, on application, approve any premises for the purpose of this Order if he is satisfied that such premises are properly equipped to carry out the functions to which the approval relates and comply with the requirements of this Order.

(2) Any approval granted under this Order shall be in writing and may be made subject to conditions and be amended, suspended or revoked at any time by notice in writing served on the person to whom the approval was granted if the appropriate Minister is satisfied that the conditions of this Order, or any additional conditions in the approval, are not being complied with.

Specified bovine offal for human consumption

4.—(1) No person shall sell any specified bovine offal, or any food containing specified bovine offal, for human consumption.

(2) No person shall use any specified bovine offal in the preparation of food for sale for human consumption.

(3) No person shall sell any specified bovine offal for use in the preparation of food for human consumption.

(4) For the purposes of this article “specified bovine offal” includes anything derived from it.

Specified bovine offal for animal consumption

5.—(1) No person shall sell any specified bovine offal, or any feedingstuff containing specified bovine offal, for feeding to animals.

(2) No person shall use any specified bovine offal in the preparation of any feedingstuff for animals.

(3) No person shall sell any specified bovine offal for use in the preparation of any feedingstuff for animals.

(4) No person shall feed to an animal any specified bovine offal or any feedingstuff containing specified bovine offal.

(5) For the purposes of this article “specified bovine offal” includes anything derived from it other than fatty acids which have been extracted from tallow subjected to thermal hydrolysis at hyperbaric pressure.

Initial treatment of specified bovine offal in a slaughterhouse

6.—(1) When a bovine animal is slaughtered in a slaughterhouse, or slaughtered elsewhere than in a slaughterhouse but brought immediately to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that all specified bovine offal and, in the case of an animal six months old or over, the head are separated from the rest of the carcase.

(2) Subject to the following provisions of this article, the occupier shall ensure that specified bovine offal other than the head is forthwith, and in any event before it is frozen, stained by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051)(4) in such a way that the colouring is clearly visible over the whole surface of the offal.

(3) The occupier shall ensure that the specified bovine offal does not come into contact with any other animal material while in the slaughterhouse and that it is disposed of in accordance with this Order.

(4) Material which is not specified bovine offal may be separated from intestines which have been removed from the carcase before the intestines are stained.

(5) Subject to paragraph (6) below, the occupier shall ensure that, where a head is removed in accordance with paragraph (1) above, it is either—

(a) stained and disposed of as specified bovine offal; or

(b) kept separate from all other animal material other than unstained bovine heads and sent to an approved head boning plant in accordance with article 14 below.

(6) Paragraph (5) above shall not apply in the case of meat (other than brains and eyes) or bones (other than bones forming the skull) removed from the head on the premises without disturbing the skull.

(7) In the case of specified bovine offal which is intended to be examined by or on behalf of an officer of the appropriate Minister or a veterinary surgeon, the specified bovine offal shall not be stained until after the completion of such examination.

(8) The requirement to stain specified bovine offal shall not apply in the case of specified bovine offal which is intended to be used for non-food or non-feedingstuff purposes in accordance with article 18 below.

Initial treatment of specified bovine offal elsewhere than in a slaughterhouse

7.—(1) Subject to the following provisions of this article, when specified bovine offal is removed from the carcase of a bovine animal elsewhere than in a slaughterhouse, the occupier of the premises at which the specified bovine offal is removed shall ensure that it is forthwith, and in any event before it is frozen, stained by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051) in such a way that the colouring is clearly visible over the whole surface of the offal.

(2) The occupier shall ensure that the specified bovine offal does not come into contact with any other animal material while on the premises and that it is disposed of in accordance with this Order.

(3) In the case of specified bovine offal which is intended to be examined by or on behalf of an officer of the appropriate Minister or a veterinary surgeon, the specified bovine offal shall not be stained until after the completion of such examination.

(4) The requirement to stain specified bovine offal shall not apply in the case of specified bovine offal which is intended to be used for non-food or non-feedingstuff purposes in accordance with article 18 below.

Rendering whole carcases

8.  Any person rendering a whole bovine carcase shall do so in accordance with article 17 below in the same way as if the carcase were specified bovine offal.

Exceptions from the requirement to stain specified bovine offal

9.  The requirement in articles 6 and 7 above to stain specified bovine offal shall not apply if the specified bovine offal is to be sent to a veterinary or medical school, laboratory, hospital or similar institution for instructional, diagnostic or research purposes, provided that the specified bovine offal is stored separately from all other animal materials and is clearly identified as specified bovine offal.

Prohibition on the removal of the brain and eyes of a bovine animal

10.  No person shall remove the brain or eyes from the head of a bovine animal except—

(a) for the purposes of veterinary or scientific examination; and

(b) in a part of the premises kept free at all times from food intended for human consumption; and

(c) after the removal from the head of any meat or bones intended for human consumption,

and after such examination the skull, eyes and brain shall be disposed of as specified bovine offal in accordance with this Order.

Prohibition on the removal of the spinal cord of a bovine animal

11.—(1) No person shall remove the spinal cord from the vertebral column of a bovine animal aged six months or over except in a slaughterhouse or for the purposes of veterinary or scientific examination.

(2) If the spinal cord is removed in a slaughterhouse, it shall be disposed of as specified bovine offal in accordance with this Order.

(3) If the spinal cord is removed at any premises other than a slaughterhouse for the purposes of veterinary or scientific examination, after such examination both the spinal cord and the vertebral column shall be disposed of as specified bovine offal in accordance with this Order.

Prohibition of bringing in specified bovine offal from Northern Ireland

12.—(1) No person shall bring any specified bovine offal into Great Britain from Northern Ireland unless it has been stained in the way described in this Order.

(2) Any person importing specified bovine offal from Northern Ireland shall forthwith transport it to one of the destinations specified in article 13(1) below.

Consignment of specified bovine offal

13.—(1) Subject to articles 14(5), 15(5) and 19(4) below, once specified bovine offal has been removed from the carcase and treated in accordance with this Order, the person responsible for its removal shall, without unreasonable delay, send it directly to—

(a) an approved collection centre;

(b) an approved rendering plant;

(c) premises specified in article 9 above;

(d) an approved incinerator;

(e) in the case of heads, an approved head boning plant for the recovery of meat and bones from the heads; or

(f) any other premises approved by the appropriate Minister which are not connected with the manufacture or preparation of food or feedingstuffs.

(2) Any person consigning specified bovine offal from the place where it was removed from the carcase shall keep a record for two years from the date of consignment of the weight consigned, the date it was consigned and the destination of the specified bovine offal.

(3) Any person consigning bovine heads from the place where they were removed from the carcase to an approved head boning plant shall keep a record for two years from the date of consignment of the number of heads consigned, the date they were consigned and the destination of the heads.

Approved head boning plants

14.—(1) Any person delivering bovine heads to an approved head boning plant shall state in writing to the operator of the head boning plant concerned the place from which those heads were collected for delivery to that head boning plant.

(2) No person shall take delivery of bovine heads at a head boning plant or operate a head boning plant unless it has been approved by the appropriate Minister and is suitably equipped and operated so as to remove meat and any other bones from the head in such a way that the skull is not disturbed.

(3) The operator of an approved head boning plant shall record on arrival of bovine heads at the premises—

(a) the number of heads delivered;

(b) the date of delivery; and

(c) the place from which they were consigned,

and shall keep such records for two years from the date of arrival.

(4) Once meat and bones have been removed the operator of an approved head boning plant shall ensure that all specified bovine offal is kept separate from all other animal material and stained and disposed of as specified bovine offal in accordance with this Order.

(5) No person shall remove specified bovine offal from an approved head boning plant except to—

(a) an institution described in article 9 above subject to the qualifications there described; or

(b) premises approved under article 16, 17 or 18 below,

and shall keep a record for two years from the date of consignment of the weight of any specified bovine offal consigned, the date of such consignment and the point of destination.

Approved collection centres

15.—(1) Any person delivering specified bovine offal to an approved collection centre shall state in writing to the operator of the collection centre concerned the place from which that specified bovine offal was collected for delivery to that collection centre.

(2) No person shall take delivery of specified bovine offal at a collection centre, or operate a collection centre for specified bovine offal, unless it has been approved by the appropriate Minister and has sufficient facilities for storing and handling specified bovine offal in a manner which keeps it separate from other animal material.

(3) The operator of an approved collection centre shall record on arrival of specified bovine offal at the premises—

(a) the weight of the specified bovine offal delivered;

(b) the date of delivery; and

(c) the place from which it was consigned,

and shall keep such records for two years from the date of arrival.

(4) The operator of an approved collection centre shall ensure that all specified bovine offal in the collection centre is kept separate from all other animal material.

(5) No person shall remove specified bovine offal from an approved collection centre except to an approved renderer or an approved incinerator, and shall keep a record for two years from the date of consignment of the weight of any specified bovine offal consigned, the date of such consignment and the point of destination.

Approved incinerators

16.—(1) Any person delivering specified bovine offal to an approved incinerator shall state in writing to the operator of the incinerator concerned the place from which that specified bovine offal was collected for delivery to that incinerator.

(2) No person shall operate an incinerator incinerating specified bovine offal unless the incinerator has been approved by the appropriate Minister as having suitable facilities to incinerate specified bovine offal in accordance with paragraph (4) below and dispose of the ash in a way that does not pose a risk to human or animal health. In particular, the incinerator shall be equipped with a refractory lining and be heated by fuel conveyed into the incinerator during incineration by mechanically forced draught.

(3) The operator of an approved incinerator shall record on arrival of specified bovine offal at the premises—

(a) the weight of the specified bovine offal delivered;

(b) the date of delivery; and

(c) the place from which it was consigned,

and shall keep such records for two years from the date of arrival.

(4) The operator of an approved incinerator shall incinerate all specified bovine offal delivered to him to a standard specified in the approval and in such a way that all moisture is removed, the material is reduced to ash and the ash is disposed of in accordance with the terms of the approval.

(5) No person shall remove specified bovine offal from an approved incinerator unless it has been completely incinerated.

Approved rendering plants

17.—(1) Any person delivering specified bovine offal to an approved rendering plant shall state in writing to the operator of the rendering plant concerned the place from which that specified bovine offal was collected for delivery to that rendering plant.

(2) No person shall take delivery of specified bovine offal at a rendering plant, or operate a rendering plant for specified bovine offal, unless it has been approved by the appropriate Minister as having the facilities specified in Part I of the Schedule to this Order sufficient to enable it to separate the specified bovine offal into protein and tallow by one of the methods specified in Part II of that Schedule.

(3) The operator of an approved rendering plant shall record on arrival of specified bovine offal at the premises—

(a) the weight of the specified bovine offal delivered;

(b) the date of delivery; and

(c) the place from which it was consigned,

and shall keep such records for two years from the date of arrival.

(4) The operator of an approved rendering plant shall ensure that all specified bovine offal in the rendering plant is kept and stored separately from all other material, handled separately from other material and rendered separately from other material.

(5) The operator of an approved rendering plant shall ensure that specified bovine offal is processed without undue delay and in any event within seven days of delivery using one of the methods described in Part II of Schedule to this Order.

(6) The operator of an approved rendering pant shall ensure that any equipment used for processing specified bovine offal is used only for that purpose.

(7) After the specified bovine offal has been processed and separated into protein and tallow the operator of the plant shall ensure that—

(a) all protein is placed in a container labelled “specified bovine offal” and disposed of—

(i) by burial at a landfill site for which there exists a current waste management licence granted under section 35 of the Environmental Protection Act 1990;(5) or

(ii) as specified in the approval; or

(iii) sent to an approved incinerator for incineration; and

(b) all tallow is placed in a container labelled “specified bovine offal”and—

(i) disposed of by burial at a landfill site for which there exists a current waste management licence granted under section 35 of the Environmental Protection Act 1990; or

(ii) sent for purposes not connected with the preparation of food or feedingstuffs; or

(iii) sent for treatment by thermal hydrolysis at hyperbaric pressure.

(8) The operator of an approved rendering plant shall keep a record for two years of the weight of protein consigned and a separate record of the weight of tallow consigned, and in each case the date of such consignment and the point of destination.

(9) The operator of an approved rendering plant shall ensure that all containers, receptacles and vehicles which have been used for the transport of specified bovine offal are cleaned, washed and disinfected before they leave the premises.

(10) No person shall move from the unclean section of an approved rendering plant (as specified by the occupier in accordance with paragraph 3 of Part I of the Schedule to this Order) into the clean section without first changing their working clothes and footwear or disinfecting the latter.

(11) No person shall take equipment or utensils from the unclean section into the clean section of an approved rendering plant unless the equipment or utensils are first washed and disinfected.

(12) The operator of an approved rendering plant shall ensure that systematic measures are taken to control birds, rodents, insects and other vermin on the premises.

(13) The operator of an approved rendering plant shall ensure that the premises and equipment are kept in a good state of repair and that measuring equipment is calibrated at regular intervals.

Approved premises not connected with food and feedingstuffs

18.—(1) This article shall apply to premises approved by the appropriate Minister as being suitable to process specified bovine offal for use in a manufacturing process, provided that such manufacture is not in any way connected with food or feedingstuffs and does not pose a risk to human or animal health.

(2) Any person delivering specified bovine offal to premises approved under this article shall state in writing to the operator of the premises concerned the place from which that specified bovine offal was collected for delivery to those premises.

(3) No person shall process specified bovine offal at premises approved under this article except in accordance with the conditions of such approval.

(4) The operator of such approved premises shall record on arrival of specified bovine offal at the premises—

(a) the weight of the specified bovine offal delivered;

(b) the date of delivery; and

(c) the place from which it was consigned,

and shall keep such records for two years from the date of arrival.

Veterinary or laboratory premises, etc.

19.—(1) No person shall transport specified bovine offal to premises specified in article 9 above unless the specified bovine offal is in a container marked with—

(a) the words “specified bovine offal”;

(b) its place of destination; and

(c) the name of the person to whom it is being sent.

(2) Any person delivering specified bovine offal to such premises shall state in writing to the occupier of the premises the place from which the specified bovine offal was collected for delivery.

(3) The person to whom the specified bovine offal is consigned shall record on arrival of the specified bovine offal at the premises—

(a) the weight of the specified bovine offal delivered;

(b) the date of delivery; and

(c) the place from which it was consigned,

and shall keep such records for two years from the date of arrival.

(4) When the specified bovine offal is no longer needed, the person to whom it was consigned shall ensure that any residual specified bovine offal is buried or effectively destroyed and shall keep a record for two years of the place and method of burial or destruction.

Powers to give directions

20.—(1) If the appropriate Minister is satisfied that specified bovine offal cannot be disposed of under the provisions of this Order, whether for reasons of mechanical breakdown of equipment or otherwise, he may give written directions to the owner or person in control of the specified bovine offal for its disposal in a safe manner.

(2) In the event of any person not complying with such directions, the appropriate Minister may make arrangements for the disposal of the specified bovine offal at the expense of the owner.

(3) Any person failing to comply with any direction given under this Order shall be guilty of an offence under the Animal Health Act 1981.(6)

Export

21.  No person shall export specified bovine offal, or protein or tallow derived from specified bovine offal, from Great Britain to another member State except in accordance with a licence granted by the Minister.

Samples

22.  Where an inspector has reasonable grounds for supposing that the provisions of this Order are not being complied with, he may take from any carcase or part of a carcase, tallow, protein, offal, food or feedingstuff such samples as he considers necessary to establish whether or not an offence has taken place.

Transport

23.—(1) The person in control of a vehicle transporting specified bovine offal shall ensure that it is conveyed either in an impervious container which contains nothing but specified bovine offal or in a part of the vehicle which is impervious and contains nothing but specified bovine offal and which in either case is kept covered at all times except when necessary for loading or unloading or examination by an authorised officer of an enforcement authority.

(2) Any person transporting specified bovine offal shall ensure that the part of the vehicle in which specified bovine offal has been conveyed is thoroughly washed and disinfected before any food, feedingstuff or other animal material is subsequently placed in that part of the vehicle.

(3) In this article the expression “vehicle”means, in any case in which specified bovine offal is conveyed in a bulk container, that container.

(4) The requirements of this article shall not apply in the case of the heads of bovine animals which are transferred from a slaughterhouse to an approved head boning plant for removal of meat from those heads.

Storage

24.—(1) Subject to paragraph (2) below, no person shall store specified bovine offal in the same room as food.

(2) The requirement in paragraph (1) above shall not apply where an officer of the enforcement authority has approved the storage of specified bovine offal in the same room as food on being satisfied that the arrangements for storage will ensure the adequate separation of the specified bovine offal from the food.

Enforcement

25.—(1) This Order shall be enforced—

(a) in relation to premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995,(7) by the appropriate Minister; and

(b) in any other case by the local authority.

Transitional provisions

26.—(1) Any requirement under this Order relating to an approval for a rendering plant shall not operate until six months after the coming into force of this Order.

(2) Any requirement under this Order relating to an approval other than for a rendering plant shall not operate until three months after the coming into force of this Order.

Amendments to the Bovine Spongiform Encephalopathy Order 1991

27.—(1) The Bovine Spongiform Encephalopathy Order 1991(8) shall be amended in accordance with this article.

(2) In article 4 (interpretation) the definitions of “intestines”and “specified bovine offal”are hereby revoked.

(3) Article 9 (movement of protein derived from specified bovine offal) is hereby revoked.

(4) In article 12 (prohibition of sale, supply and use of certain feedingstuffs for feeding to animals and poultry)—

(a) sub-paragraphs (c) and (d) of paragraph (1) are hereby revoked; and

(b) for paragraph (2) there shall be substituted the following paragraph—

“(2) The prohibition in paragraph (1) above shall not apply to the feeding to an animal of any feedingstuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply of any feedingstuff to a research establishment for such purposes.”.

(5) Article 14 (regulation of exportation of specified bovine offal) is hereby revoked.

(6) In article 15 (sampling)—

(a) for the words “articles 9, 12 and 14” there shall be substituted the words “article 12”; and

(b) the words “offal or” shall be deleted.

(7) In article 16 (production of licences)—

(a) in paragraph (1)—

(i) for the words “animal, carcase or any protein”there shall be substituted the words “animal or carcase”, and

(ii) for the words “animal, carcase or protein”there shall be substituted the words “animal or carcase”;

(b) paragraph (2) is hereby revoked.

(8) In article 17 (offences)—

(a) for sub-paragraph (b) there shall be substituted—

“(b) contravenes article 5(1), 5(2), 5(3), 6(3), 12(1), 13(1) or 16(1)”; and

(b) for sub-paragraph (d) there shall be substituted—

“(d) fails to comply with any condition of a licence issued under article 6(5)(b), 7(1), 12(2) or 13(2)(b), or”.

Angela Browning

Parliamentary Secretary Ministry of Agriculture, Fisheries and Food

20th July 1995

Lindsay

Parliamentary Under Secretary of State Scottish Office

20th July 1995

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State Welsh Office

20th July 1995