The Specified Risk Material Regulations 1997

PART I PRELIMINARY

Title and commencement

1.—(1) These Regulations may be cited as the Specified Risk Material Regulations 1997.

(2) Regulations 1, 2, 3, 4, 6, 15(7) and 24(2) of and Schedule 1 to these Regulations shall come into force on 17th December 1997 and the remaining provisions of the Regulations shall come into force on 1st January 1998.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“approved” means approved by the Minister;

“authorised”, in relation to a slaughterhouse or cutting premises, means authorised under regulation 15 below;

“class I specified risk material” means—

(a)

class I specified sheep or goat material; and

(b)

class I specified bovine material;

but does not include material derived from animals which—

(i)

where slaughtered or died outside the United Kingdom before 1st January 1998; or

(ii)

were born, reared and slaughtered in Australia or New Zealand;

“class II specified risk material” means—

(a)

class II specified sheep or goat material;

(b)

class II specified bovine material;

(c)

any part of the animal remaining attached to class I or II specified bovine material or class I or II specified sheep or goat material after dissection of the carcase; and

(d)

any animal material which comes into contact with class I or II specified bovine material or class I or II specified sheep or goat material after it has been removed from the carcase;

“consignment record” means in relation to any consignment of specified risk material, protein or tallow, a record of—

(a)

the date on which the consignment was dispatched or received (as the case may be);

(b)

the weight of the consignment; and

(c)

the person and place to whom the consignment was dispatched or from whom it was received;

“cutting premises” has the meaning given in the Fresh Meat (Hygiene and Inspection) Regulations 1995(1);

“inspector” means a person designated as such in accordance with regulation 8(2) of the Fresh Meat (Hygiene and Inspection) Regulations 1995;

“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 and anal sphincter;

“licensed”, in relation to cutting premises or a slaughterhouse, means licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995;

“official veterinary surgeon” means a person designated as such in accordance with regulation 8(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995;

“ruminant animal” means a bovine animal, a sheep or a goat;

“scheme animal” means a bovine animal—

(a)

which has been slaughtered pursuant to the purchase scheme introduced under Commission Regulation (EC) No. 716/96(2) adopting exceptional support measures for the beef market in the United Kingdom; or

(b)

which, being an animal which has been exposed to bovine spongiform encephalopathy, the Minister has caused to be slaughtered under section 32(1) of the Animal Health Act 1981(3);

“sealed vehicle” means a vehicle sealed in accordance with regulation 18 below;

“specified bovine material” has the meaning given in regulation 4 below;

“specified risk material” means—

(a)

class I and class II specified bovine material;

(b)

class I and class II specified sheep or goat material; and

(c)

specified solid waste;

“specified sheep or goat material” has the meaning given in regulation 3 below;

“specified solid waste” means any solid matter resulting from the slaughter of bovine animals, sheep or goats, or from the subsequent processing of their carcases, which is collected in any part of the drainage system draining any place where specified bovine material or specified sheep or goat material is handled;

“stained blue” has the meaning given in regulation 5(1) below;

“stained yellow” has the meaning given in regulation 5(2) below;

“tallow” means fat derived from animal tissues by a process of rendering;

“vertebral column” means the whole or any part thereof and includes the sacrum but does not include the coccygeal vertebrae; and

“young lamb stamp” means the stamp described in regulation 16(2) below.

(2) In these Regulations the expression “mechanical means” does not include the use of hand held powered knives which do not use powered pressure or suction.

(3) The provisions of these Regulations shall apply to specified bovine material from scheme animals, save that the provisions appearing in column 1 of the Table in Schedule 2 to these Regulations shall apply only to the extent, and subject to the modifications, specified in Column 2.

Specified sheep or goat material

3.—(1) In these Regulations “class I specified sheep or goat material” means—

(a) in relation to material derived from a sheep or goat which at the time it was slaughtered or died either had one or more permanent incisor teeth erupted through the gum or was aged more than 12 months—

(i) the skull, including the brain and eyes;

(ii) the tonsils; and

(iii) the spinal cord; and

(b) the spleen of a sheep or goat.

(2) In these Regulations “class II specified sheep or goat material” means the head of any sheep or goat which was slaughtered or has died in the United Kingdom except—

(a) any part of it which is class I specified sheep or goat material;

(b) the horns, where they are removed from the head—

(i) immediately after slaughter;

(ii) before the head is removed from the carcase; and

(iii) without breaking into the cranial cavity; and

(c) the tongue, where it is removed from the head immediately after slaughter and before the head is stained.

(3) Whole carcases of sheep and goats are class II specified sheep or goat material if they are removed to be rendered whole from the place where they were slaughtered or died.

Specified bovine material

4.—(1) In these Regulations, “class I specified bovine material” in relation to a bovine animal means—

(a) the skull, including the brain and eyes, tonsils and spinal cord, of an animal which was slaughtered or has died outside the UK at an age greater than 12 months; and

(b) the brains, spinal cord, thymus, tonsils, spleen and intestines of an animal which was slaughtered or has died in the UK at an age greater than six months, and also the skull (including the eyes) of such an animal which was aged more than twelve months at the time of death.

(2) In these Regulations “class II specified bovine material” in relation to a bovine animal means—

(a) the head of an animal which was slaughtered or has died in the United Kingdom at an age of six months or over, except—

(i) any part of the head which is class I specified bovine material; and

(ii) the tongue, where it is removed from the head immediately after slaughter and before the head is stained; and

(b) the thymus and intestines of an animal which—

(i) died or was slaughtered in the United Kingdom at an age of two months or over but less than six months; or

(ii) was slaughtered in the United Kingdom at an age of less than two months for human consumption.

(3) A whole carcase of a bovine animal which was slaughtered or has died in the United Kingdom shall not be treated for the purposes of these Regulations as class I or class II specified bovine material.

Staining

5.—(1) In these Regulations “stained blue” means 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—

(a) (in the case of specified risk material other than the head of a sheep or goat) over the whole surface of the material; and

(b) (in the case of the head of a sheep or goat) over the whole of the cut surface and majority of the head;

except that, if the tongue is to be removed, this shall be done immediately after slaughter and the head shall be stained immediately after the removal of the tongue.

(2) In these Regulations “stained yellow” means being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Tartrazine (E102, Colour Index No. 19140) in such a way that the colouring is clearly visible over the whole surface of the material.

(3) The requirement in regulations 10 and 11 below to stain specified risk material shall not apply—

(a) if the specified risk material is to be sent to a veterinary or medical school, laboratory, hospital or similar institution for instructional, diagnostic or research purposes;

(b) to specified risk material which is intended to be used at premises approved under article 10 of the Specified Risk Material Order 1997(5);

(c) to specified solid waste;

(d) in the case of specified risk material intended for an examination referred to in regulation 10(6) or 11(3) below, until after the completion of the examination; or

(e) where a post-mortem examination is carried out by a veterinary surgeon or a veterinary practitioner at a farm (as mentioned in regulation 11(4) below), provided that he makes arrangements for the disposal of the whole of the carcase by burial there.

Approvals, authorisations and registrations

6.—(1) The Minister may, on application, approve, authorise or register any premises for the purpose of these Regulations if he is satisfied that such premises—

(a) are properly equipped to carry out the functions to which the approval, authorisation or registration relates; and

(b) comply with the requirements of these Regulations.

(2) Any approval, authorisation or registration granted or made under these Regulations (including a consent given under regulation 24(7) below) shall be in writing and may be made subject to conditions.

(3) Any such approval, authorisation or registration may be amended, suspended or revoked at any time by notice in writing served on the person to whom the approval, authorisation or registration was granted or, if that person is no longer the occupier of the premises to which the approval, authorisation or registration relates, on the occupier of those premises, if the Minister is satisfied that any provisions of these Regulations in relation to the premises or any conditions in the approval, authorisation or registration, are not being complied with.

PART II RESTRICTIONS OF THE USE OF SPECIFIED RISK MATERIAL AND VERTEBRAL COLUMNS OF RUMINANT ANIMALS

Specified risk material for human consumption

7.—(1) No person shall sell 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 sale for human consumption.

(3) No person shall sell any specified risk material for use in the preparation of any food for sale for human consumption.

(4) For the purposes of this regulation “specified risk material” includes anything derived from it.

Prohibitions applying to the vertebral column

8.—(1) No person shall use the vertebral column of a ruminant animal in the recovery of meat by mechanical means.

(2) No person shall use, in the preparation of food for sale for human consumption, any meat which has been recovered by mechanical means from the vertebral column of a ruminant animal.

(3) No person shall use the vertebral column of a ruminant animal, which has died or has been slaughtered in the United Kingdom and from which meat has been cut, to produce food for sale for human consumption.

Registration of premises on which meat is recovered by mechanical means from ruminant animals

9.—(1) No person shall on any premises recover meat by mechanical means from the carcase of a ruminant animal unless his name and the address of those premises are registered with the Minister.

(2) The Minister shall keep a register for the purposes of paragraph (1) above.

(3) An application for registration shall be in writing and in such form and manner as the Minister may require.

(4) The Minister shall refuse to register the name of any person in respect of any premises unless the following particulars are notified to him in writing—

(a) the business name, if any;

(b) the name and address of the person who carries on the business;

(c) the address and telephone number of the business; and

(d) the address of each premises at which meat is recovered by mechanical means from ruminant animals in the course of the business.

(5) Any person whose name is registered shall notify the Minister in writing of any change in the particulars previously notified to him within 14 days of any such change.

PART III REQUIREMENTS IN RELATION TO THE REMOVAL AND INITIAL TREATMENT OF SPECIFIED RISK MATERIAL

Initial treatment of bovine, sheep and goat carcases in a slaughterhouse

10.—(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 material is removed from the rest of the carcase as soon as is reasonably practicable after the animal was slaughtered and before the carcase is presented for inspection pursuant to paragraph (9) below.

(2) When a sheep or goat 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—

(a) subject to regulation 15 below, all specified sheep or goat material is removed from the rest of the carcase at the slaughterhouse as soon as is reasonably practicable after the animal is slaughtered and before the carcase is presented for inspection pursuant to paragraph (9) below; or

(b) in the case of a sheep or goat with one or more permanent incisor teeth erupted, the head, spleen and tonsils are removed at the slaughterhouse as soon as is reasonably practicable after the animal is slaughtered and before the carcase is presented for inspection pursuant to paragraph (9) below, and the rest of the carcase is consigned to a slaughterhouse or cutting premises authorised pursuant to regulation 15(7) below.

(3) Subject to the following provisions of this regulation and to regulation 15 below, the occupier shall ensure that the specified risk material which has been removed is stained blue immediately after removal from the carcase, and in any event before the carcase is frozen.

(4) Without prejudice to the storage requirements of regulation 28 below, the occupier shall ensure that the specified risk material does not come into contact with any other animal material while in the slaughterhouse and that it is disposed of in accordance with these Regulations.

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

(6) In the case of specified risk material which is intended to be examined by or on behalf of an inspector or a veterinary surgeon, the specified risk material shall not be stained until after the completion of the examination.

(7) In the case of scheme animals, the occupier shall ensure that, once the specified bovine material has been removed, the remainder of the carcase (excluding the hide), is immediately stained yellow.

(8) The occupier of any slaughterhouse where specified risk material is removed from carcases pursuant to this regulation shall arrange or establish in consultation with an official veterinary surgeon a staff training programme to train staff to comply with those requirements of these Regulations which they perform on those premises.

(9) The occupier of any slaughterhouse shall permit an inspector or official veterinary surgeon, or a person acting under the responsibility of either of them, to—

(a) inspect the carcase of any ruminant animal slaughtered there, so that he can check whether the requirements of these Regulations have been complied with; and

(b) mark each carcase which has been so checked and found to comply with the requirements of these Regulations,

and shall give to any such person such reasonable assistance as he may require.

Initial treatment of bovine, sheep and goat carcases elsewhere than in a slaughterhouse

11.—(1) Subject to the following provisions of this regulation, when specified risk material is removed from the carcase of a ruminant animal elsewhere than in a slaughterhouse, the occupier of the premises at which the specified risk material is removed shall ensure that it is removed as soon as is reasonably practicable after the death of the animal and that it is stained blue immediately, and in any event before the carcase is frozen.

(2) Without prejudice to the storage requirements of regulation 28 below, the occupier of those premises shall ensure that the specified risk material does not come into contact with any other animal material while on the premises and that it is disposed of in accordance with these Regulations.

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

(4) The provisions of this regulation shall not apply in the case of a post-mortem examination carried out by a veterinary surgeon or a veterinary practitioner at a farm, provided that he makes arrangements for the disposal of the whole of the carcase by burial there.

Rendering whole carcases

12.  Any person rendering a whole ruminant carcase shall do so in accordance with regulation 24 below in the same way as if the carcase were specified risk material.

Measures in relation to stained specified risk material

13.  Where specified risk material has been stained in accordance with regulations 10 or 11 above or 25(5)(b) below, the occupier of any premises at which such material is stored or handled and, in the case of a place approved under regulations 22 to 24 below, the operator of that place, shall take appropriate measures to ensure that colouring remains visible—

(a) in the case of stained specified risk material other than the head of a sheep or goat, over the whole surface of the material; and

(b) in the case of the head of a sheep or goat, over the whole of the cut surface and the majority of the head,

until the stained specified risk material is incinerated or rendered.

PART IV PROHIBITIONS ON THE REMOVAL OF CERTAIN SPECIFIED RISK MATERIALS FROM RUMINANT ANIMALS

Prohibition on the removal of brain and eyes

14.  No person shall remove the brain or eyes from the carcase of a bovine animal aged over six months, or from a carcase of a sheep or goat (of any age at death), except—

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

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

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

15.—(1) No person shall remove the spinal cord or any part of it from the vertebral column of a sheep or goat in which there was at least one permanent incisor tooth erupted or which was aged over 12 months at the date of slaughter, except—

(a) in an authorised slaughterhouse or at authorised cutting premises by—

(i) longitudinally splitting the whole vertebral column; or

(ii) removing a longitudinal section of the whole vertebral column containing the spinal cord; or

(b) in premises referred to in regulation 5(3)(a) for the purposes of veterinary or scientific examination.

(2) No person shall remove the spinal cord or any part of it from the vertebral column of a bovine animal aged six months or more, or longitudinally split the vertebral column of such an animal, except—

(a) in a slaughterhouse; or

(b) in premises referred to in regulation 5(3)(a) for the purposes of veterinary or scientific examination.

(3) Where a carcase or bone-in carcase meat is consigned to a slaughterhouse or cutting premises in accordance with regulation 10(2) above the occupier of that slaughterhouse or cutting premises shall ensure that the spinal cord is removed from the rest of the carcase.

(4) The occupier of a slaughterhouse or cutting premises shall permit an inspector or official veterinary surgeon, or a person acting under the responsibility of either of them, to inspect the carcase of any sheep or goat consigned there so that he can check whether the specified risk material has been removed from the carcase in accordance with these Regulations; and the occupier shall give to any such person such reasonable assistance as he shall require.

(5) If the spinal cord is removed in a slaughterhouse or at cutting premises, the occupier shall ensure that it is stained in accordance with regulation 10(3) above, and disposed of as specified risk material in accordance with these Regulations.

(6) If the spinal cord is removed at any premises other than a slaughterhouse or cutting premises for the purposes of veterinary or scientific examination, after that examination both the spinal cord and the vertebral column shall be stained blue and disposed of as specified risk material in accordance with these Regulations.

(7) The Minister may, on an application made to him under this regulation, authorise any licensed slaughterhouse or licensed cutting premises for the purposes of this regulation.

(8) In considering applications for authorisation for the purposes of this regulation the Minister may (in addition to any other relevant matters) have regard to the need for the efficient enforcement of this regulation.

PART V PARTICULAR REQUIREMENTS IN RELATION TO SHEEP AND GOATS

The young lamb stamp

16.—(1) Where a sheep or goat is slaughtered in a slaughterhouse, and at the time of slaughter there were no permanent incisor teeth erupted or it was aged not more than 12 months, the carcase of the animal shall be marked with the young lamb stamp.

(2) The young lamb stamp shall consist of a circular mark 5 centimetres in diameter containing in legible form in letters 1 cm high the words “MHS” and “YL”, and shall be applied by an official veterinary surgeon, or an authorised officer, an inspector or meat technician acting under the responsibility of an official veterinary surgeon, and no other person shall apply the young lamb stamp or possess the equipment for applying the stamp.

(3) No person shall use any stamp so resembling the young lamb stamp, or in such a way, as to be likely to suggest that any carcase other than a carcase of a sheep or goat in which there were no permanent incisors erupted, is such a carcase.

(4) The Minister may, in relation to any slaughterhouse or authorised cutting premises, appoint as meat technicians such number of persons as are necessary to assist the official veterinary surgeon and inspectors in carrying out their functions under paragraph (2) above.

Transportation of unmarked carcases of sheep and goats

17.—(1) No person shall move from a slaughterhouse a carcase of a sheep or goat suitable for human consumption that is not marked with a young lamb stamp, except—

(a) to authorised cutting premises that are co-located with the slaughterhouse;

(b) a carcase which has been inspected and health marked in accordance with the Fresh Meat (Hygiene and Inspection) Regulations 1995 and which is moved in a sealed vehicle; or

(c) when all specified risk material has been removed from the carcase.

(2) During the transportation referred to in paragraph (1) above the carcase shall be accompanied by a document indicating—

(a) the name, address and licence number of the slaughterhouse from which the carcase is being transported; and

(b) the name, address and licence number of the authorised cutting premises to which the carcase is being transported.

Presence of an official veterinary surgeon

18.—(1) An official veterinary surgeon, or an authorised officer, an inspector or meat technician acting under the responsibility of an official veterinary surgeon, shall be present at any slaughterhouse where any carcase of a sheep or goat that is not marked with a young lamb stamp is being loaded for delivery to authorised cutting premises, and he shall supervise the loading.

(2) An official veterinary surgeon, or an authorised officer, an inspector or meat technician acting under the responsibility of an official veterinary surgeon, shall be present at any cutting premises where any carcase of a sheep or goat that is not marked with a young lamb stamp is being unloaded, and he shall supervise the unloading.

(3) Immediately after the loading referred to in paragraph (1) above the delivery vehicle shall be sealed by an official veterinary surgeon, or an authorised officer, an inspector or meat technician acting under the responsibility of an official veterinary surgeon, and no other person may seal such a vehicle.

(4) On arrival at authorised cutting premises a sealed vehicle shall be unsealed by an official veterinary surgeon, or an authorised officer, an inspector or meat technician acting under the responsibility of an official veterinary surgeon, and no other person may unseal such a vehicle.

(5) The Minister may, in relation to any slaughterhouse or authorised cutting premises, appoint as meat technicians such number of persons as are necessary to assist the official veterinary surgeon and inspectors in carrying out their functions under this regulation.

Possession of unmarked carcases of sheep and goats

19.  No person shall have in his possession elsewhere than in a slaughterhouse, in a sealed vehicle or at authorised cutting premises a carcase of a sheep or goat intended for sale for human consumption containing spinal cord, unless it is stamped with a young lamb stamp.

PART VI TRANSPORT AND DISPOSAL OF SPECIFIED RISK MATERIAL

Procedure for bringing in specified risk material from Northern Ireland

20.—(1) No person shall bring specified risk material into Great Britain from Northern Ireland unless—

(a) it is stained in accordance with legislation having effect in Northern Ireland and corresponding to the provisions of these Regulations relating to staining;

(b) it is exempt from the requirement to stain under that legislation by virtue of provisions corresponding to regulation 5 of these Regulations; or

(c) it is transported in a sealed vehicle in accordance with the provisions of legislation having effect in Northern Ireland corresponding to the provisions of regulation 17 of these Regulations.

(2) Any person bringing specified risk material into Great Britain from Northern Ireland shall immediately transport it to one of the destinations specified in regulations 15(1)(a) above or 21(1) below.

Consignment of specified risk material

21.—(1) Once specified risk material has been removed from the carcase and treated in accordance with these regulations, or, in the case of specified solid waste, recovered from the drainage system, the person responsible for its removal or recovery shall, without unreasonable delay, send it directly to—

(a) an approved collection centre;

(b) an approved rendering plant;

(c) premises referred to in regulation 5(3)(a) above;

(d) an approved incinerator; or

(e) premises approved under article 10 of the Specified Risk Material Order 1997.

(2) Any person consigning specified risk material from the place where it was removed from the carcase or recovered from a drainage system shall keep a consignment record for two years from the date of consignment.

Approved collection centres

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

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

(3) The operator of an approved collection centre shall make a consignment record on arrival of specified risk material at the collection centre and shall keep that record for two years from the date of arrival.

(4) The operator of an approved collection centre shall ensure that—

(a) without prejudice to the storage requirements of regulation 28 below, all specified risk material in the collection centre is kept separate from all other animal material; and

(b) all equipment used in relation to the collection or storage of specified risk material that comes into contact with such material is thoroughly washed and disinfected before he uses the equipment or allows it to be used in relation to the collection or storage of any other material.

(5) No person shall consign specified risk material from an approved collection centre except to an approved incinerator or an approved rendering plant.

(6) Any person who consigns specified risk material in accordance with paragraph (5) above shall keep a consignment record for two years from the date of consignment.

Approved incinerators

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

(2) No person shall operate an incinerator incinerating specified risk material unless—

(a) the incinerator has been approved as having suitable facilities to incinerate specified risk material in accordance with paragraph (4) below;

(b) he disposes of the ash in a way that does not pose a risk to human or animal health; and

(c) the incinerator is equipped with a refractory lining.

(3) The operator of an approved incinerator shall make a consignment record on the arrival of specified risk material at the premises and shall keep that record for two years from the date of arrival.

(4) The operator of an approved incinerator shall incinerate all specified risk material 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 risk material from an approved incinerator unless it has been completely incinerated.

Approved rendering plants

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

(2) No person shall take delivery of specified risk material at a rendering plant, or operate a rendering plant for specified risk material, unless it has been approved as having the facilities specified in Part I of Schedule 1 to these Regulations sufficient to enable it to separate the specified risk material 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 make a consignment record on the arrival of specified risk material at the premises and shall keep that record for two years from the date of arrival.

(4) Without prejudice to the storage requirements of regulation 28 below, the operator of an approved rendering plant shall ensure that all specified risk material 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 risk material 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 1 to these Regulations.

(6) The operator of an approved rendering plant shall ensure (except as provided by paragraph (7) below) that any equipment used for processing specified risk material is used only for that purpose.

(7) Subject to paragraph (8) below, the Minister may, on application by the operator of an approved rendering plant, consent to the use for other purposes of equipment previously used for processing specified risk material.

(8) No consent given pursuant to paragraph (7) above shall be effective until the Minister has indicated in writing that he is satisfied that the equipment concerned has been cleaned in accordance with any conditions specified in that consent.

(9) After the specified risk material 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 risk material” 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(6);

(ii) as specified in the approval; or

(iii) by sending to an approved incinerator; and

(b) all tallow is placed in a container labelled “specified risk material” 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;

(ii) in the case of tallow derived from class II specified risk material, sent to premises approved under article 10 of the Specified Risk Material Order 1997 either for treatment by thermal hydrolysis at hyperbaric pressure or for use in such other process as is specified in the approval of those premises;

(iii) disposed of as specified in the approval; or

(iv) sent to an approved incinerator.

(10) Protein and tallow produced from animal material, other than specified risk material, from scheme animals shall be disposed of by burning in a manner which has been authorised under the Environmental Protection Act 1990.

(11) The operator of an approved rendering plant shall keep a consignment record for two years in relation to all protein and tallow consigned for disposal pursuant to paragraph (9) or (10) above.

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

(13) 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 Schedule 1 to these Regulations) into the clean section without first changing his working clothes and footwear or disinfecting the latter.

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

(15) 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.

(16) 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.

Veterinary or laboratory premises, etc.

25.—(1) No person shall transport specified risk material to premises referred to in regulation 5(3)(a) above unless the specified risk material is in a container marked with—

(a) the words “specified risk material”;

(b) its place of destination; and

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

(2) Any person delivering specified risk material to such premises shall state in writing to the consignee the place from which the specified risk material was collected for delivery.

(3) The consignee shall make a consignment record on the arrival of specified risk material at the premises and shall keep that record for two years from the date of arrival.

(4) The consignee shall not dispose of or consign that material except to other premises referred to in regulation 5(3)(a) above or to premises referred to in regulation 21 above, in which case he shall keep a consignment record for two years.

(5) When the specified risk material is no longer needed, the consignee shall—

(a) ensure that any residual specified risk material is destroyed on the premises by incineration or is consigned to premises specified in regulation 21 above for destruction;

(b) ensure (where specified risk material is consigned for destruction in accordance with sub-paragraph (a) above) that the residual specified risk material is stained blue before consignment; and

(c) keep a record for two years of the place and method of destruction.

(6) For the purposes of this regulation, the “consignee” is the occupier of premises specified in regulation 5(3)(a) above to which specified risk material is delivered.

Power to give directions

26.—(1) If the Minister is satisfied that specified risk material cannot be disposed of under the provisions of these Regulations, 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 risk material for its disposal in a safe manner.

(2) In the event of any person not complying with those directions, the Minister may make arrangements for the disposal of the specified risk material at the expense of the owner.

Transport

27.—(1) The person in control of a vehicle transporting specified risk material shall ensure that it is conveyed either in an impervious container which contains nothing but specified risk material or in a part of the vehicle which is impervious and contains nothing but specified risk material 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 risk material shall ensure that the part of the vehicle in which specified risk material has been conveyed is thoroughly washed and disinfected before any food is subsequently placed in that part of the vehicle.

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

(4) This regulation shall not apply to the carcase of a sheep or goat transported in accordance with regulation 17 above.

Storage

28.—(1) Subject to paragraph (2) below, no person shall store specified risk material in the same room as any food.

(2) The requirement in paragraph (1) above shall not apply where an official veterinary surgeon, inspector or an authorised officer of an enforcement authority has approved the storage of specified risk material in the same room as any food, on being satisfied that the arrangements for storage will ensure the adequate separation of the specified risk material from the food.

(3) No person shall store specified risk material otherwise than in an impervious container which—

(a) contains nothing but specified risk material;

(b) is labelled as containing specified risk material;

(c) is not left uncovered when containing specified risk material; and

(d) after use for such storage is thoroughly washed and disinfected before being used for any purpose in relation to the storage of food.

PART VII ENFORCEMENT

Offences and penalties

29.—(1) An occupier of food premises shall take all practicable steps to secure compliance by any of his employees with the provisions of these Regulations which apply to those premises.

(2) If any person contravenes—

(a) paragraph (1) above;

(b) any other provision of these Regulations; or

(c) a direction given by the Minister under regulation 26 above,

he shall be guilty of an offence and liable—

(i) on summary conviction, to a fine not exceeding the statutory maximum; or

(ii) on conviction on indictment, to a fine or imprisonment not exceeding two years or to both.

(3) No prosecution for an offence under any of the provisions mentioned in paragraph (2) above shall be begun after the expiry of—

(a) three years from the commission of the offence; or

(b) one year from its discovery by the prosecutor,

whichever is the earlier.

Application of provisions of the Food Safety Act 1990

30.  The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 or 15 of that Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to the Regulations—

• section 2 (extended meaning of “sale”, etc.);

• section 3 (presumptions that food intended for human consumption);

• section 9 (inspection and seizure of suspected food) subject to the modification that it shall apply to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority;

• section 20 (offences due to fault of another person);

• section 21 (defence of due diligence);

• section 30(8) (evidence of certificate of analysis or examination);

• section 33 (offence of obstruction, etc. of officers);

• section 36 (offences by bodies corporate), subject to the modification that a reference to a body corporate shall include a Scottish partnership and a reference to a director shall include a partner in a Scottish partnership);

• section 44 (protection of officers acting in good faith).

Enforcement

31.—(1) These Regulations shall be enforced—

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

(b) by the Secretary of State in relation to premises in Wales and Scotland licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995; and

(c) in relation to any other premises, by the food authority in whose area the premises are situated.

(2) On an inspection of any food intended for human consumption an authorised officer of a food authority or an official veterinary surgeon may certify that the food fails to comply with these Regulations.

(3) Where any food is certified as mentioned in paragraph (2) above it may be treated for the purposes of section 9 of the Food Safety Act 1990 as failing to comply with food safety requirements.

Saving

32.  Any approval granted or having effect as if granted under the Specified Bovine Material Order 1997(7) shall continue to operate as if granted under the equivalent provision of these Regulations.

Jack Cunningham

Minister of Agriculture, Fisheries and Food

16th December 1997

Frank Dobson

Secretary of State for Health

12th December 1997

Signed by authority of the Secretary of State for Wales

Win Griffiths

Parliamentary Under Secretary of State, Welsh Office

12th December 1997

Sewel

Parliamentary Under Secretary of State, Scottish Office

11th December 1997