The TSE (England) Regulations 2002 (revoked)

Carcases and specified risk material E+W

Removal of specified risk material from carcases in slaughterhouses E+W

33.— [F1 (1) When a bovine animal is slaughtered in a slaughterhouse, or slaughtered elsewhere then brought to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that–

(a) all specified risk material, excluding the vertebral column, is removed from the carcase as soon as is reasonably practicable after the animal has been slaughtered and before the carcase is presented for inspection pursuant to regulation 35; and

(b) the carcase is consigned to cutting premises licensed under regulation 56(1) as soon as reasonably practicable for the removal of the vertebral column at those premises in accordance with regulation 36(1).]

(2) When a sheep or goat is slaughtered in a slaughterhouse, or slaughtered elsewhere but then brought to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that—

(a) subject to regulation 37 below, all specified risk 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 regulation 35 below; or

(b) in the case of a sheep or goat with one or more permanent incisor teeth erupted, [F2 all specified risk material, excluding the spinal cord, is] 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 regulation 35 below, and the rest of the carcase is consigned to a licensed slaughterhouse or licensed cutting premises.

(3) Subject to the following provisions of this regulation and to regulation 36 below, the occupier of the slaughterhouse shall ensure that the specified risk material which has been removed is stained blue immediately after removal from the carcase.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) An occupier of a slaughterhouse in possession of any material derived from a carcase of an animal in relation to which there is carried out (whether by an inspector or on behalf of the occupier or any other person) any test for the presence of a TSE shall, if he disposes of the material before a negative result in respect of the test is received, ensure that the material is stained, stored and consigned for disposal as if it were specified risk material.

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

(7) 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.

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

(9) Nothing in paragraph (2) above shall require the removal of a spinal cord, being specified risk material, from the carcase of a sheep which has been slaughtered in a slaughterhouse if—

(a) the carcase is intended for export whole direct to listed premises;

(b) the occupier of the slaughterhouse concerned provides a written declaration to an OVS—

(i) indicating that he believes that the carcase is intended for export whole direct to listed premises; and

(ii) specifying the date on which and the place and time at which the carcase was loaded into the particular sealed vehicle by which it is intended that it be moved for the purpose of exporting it whole direct to listed premises; and

(c) the carcase has been marked in accordance with regulation 16A of the Specified Risk Material Regulations 1997 M1 .

F4 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 33(1) substituted (19.10.2005) by The TSE (England) (Amendment) (No.2) Regulations 2005 (S.I. 2005/2633), regs. 1, 9(a)

F2 Words in reg. 33(2)(b) substituted (19.10.2005) by The TSE (England) (Amendment) (No.2) Regulations 2005 (S.I. 2005/2633), regs. 1, 9(b)

F3 Reg. 33(4) revoked (1.7.2003) by The Animal By-Products Regulations 2003 (S.I. 2003/1482), reg. 1, Sch. 4 para. 2

F4 Reg. 33(10) omitted (19.10.2005) by virtue of The TSE (England) (Amendment) (No.2) Regulations 2005 (S.I. 2005/2633), regs. 1, 9(c)

Marginal Citations

M1 S.I. 1997/2965, as amended by S.I. 1997/3062, S.I. 1998/2405 (as amended by S.I. 1998/2431), S.I. 2000/2672, 2000/3381 and 2001/817.

Removal of specified risk material from carcases elsewhere E+W

34.—(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.

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4) An occupier of premises other than a slaughterhouse in possession of any material derived from a carcase of an animal in relation to which there is carried out (whether by an inspector or on behalf of the occupier or any other person) any test for the presence of a TSE shall, if he disposes of the material before a negative result in respect of the test is received, ensure that the material is stained, stored and consigned for disposal as if it were specified risk material.

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

Textual Amendments

F5 Reg. 34(2) revoked (1.7.2003) by The Animal By-Products Regulations 2003 (S.I. 2003/1482), reg. 1, Sch. 4 para. 2

[F6 Mixing specified risk material with other animal material E+W

34A.   Any animal material that comes into contact with, or is mixed with, specified risk material shall be treated as specified risk material.]

Textual Amendments

F6 Reg. 34A inserted (1.7.2003) by The Animal By-Products Regulations 2003 (S.I. 2003/1482), reg. 1, Sch. 4 para. 4

Inspection and marking of carcases in a slaughterhouse E+W

35.—(1) The occupier of any slaughterhouse shall permit an inspector, or a person acting under the responsibility of an inspector, to—

(a) inspect the carcase of any ruminant animal slaughtered there, so that he can check whether the requirements of this Part 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 this Part of these Regulations.

(2) The occupier of any slaughterhouse shall give to any inspector, or a person acting under the responsibility of an inspector, such reasonable assistance as he may require.

(3) The occupier of a slaughterhouse or cutting premises shall permit an inspector, or a person acting under the responsibility of an inspector, 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 this Part of these Regulations; and the occupier shall give to any such person such reasonable assistance as he shall require.

Removal of vertebral column of bovine animals in cutting premises E+W

36.—(1) Where a carcase of a bovine animal containing vertebral column which is specified risk material—

(a) is consigned as referred to in [F7 regulation 33(1)] above to licensed cutting premises; or

(b) is imported and transported in accordance with the Community TSE Regulation or the Community Transitional Measures to licensed cutting premises,

the occupier of that cutting premises shall ensure that the vertebral column is removed from the rest of the carcase at the premises as soon as is practicable after the arrival of the carcase there.

(2) The occupier of licensed cutting premises shall permit an inspector, or a person acting under the responsibility of an inspector, to inspect the carcase of any bovine animal consigned there so that it can be checked whether the specified risk material has been removed from the carcase in accordance with these Regulations; and the occupier shall give to an inspector such reasonable assistance as he shall require.

(3) The occupier of cutting premises at which vertebral column is removed in accordance with this regulation shall ensure that it is—

(a) stained in accordance with regulation 33(3) above; and

(b) disposed of as specified risk material in accordance with these Regulations.

(4) If the vertebral column which is specified risk material 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 this Part of these Regulations

[F8 (5) In this regulation, “carcase” means–

(a) a carcase;

(b) a half carcase;

(c) a half carcase cut into no more than three wholesale cuts; and

(d) quarters,

containing no specified risk material other than the vertebral column.]

Textual Amendments

F7 Words in reg. 36(1)(a) substituted (19.10.2005) by The TSE (England) (Amendment) (No.2) Regulations 2005 (S.I. 2005/2633), regs. 1, 10(a)

F8 Reg. 36(5) substituted (19.10.2005) by The TSE (England) (Amendment) (No.2) Regulations 2005 (S.I. 2005/2633), regs. 1, 10(b)

[F9 Removal of spinal cord of sheep and goats which is specified risk material E+W

37.— (1) Where the carcase of a sheep or a goat is consigned to a slaughterhouse or cutting premises licensed for the purpose of this Part of these Regulations, the occupier of that slaughterhouse or cutting premises shall ensure that the spinal cord which is specified risk material is removed from the rest of the carcase.

(2) If the spinal cord which is specified risk material is removed in a slaughterhouse or at cutting premises licensed for the purpose of this Part of these Regulations, the occupier shall ensure that it is stained in accordance with regulation 33(3) and disposed of as specified risk material in accordance with this Part of these Regulations.

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

Textual Amendments

F9 Reg. 37 substituted (19.10.2005) by The TSE (England) (Amendment) (No.2) Regulations 2005 (S.I. 2005/2633), regs. 1, 11

[F10 Young lamb stamp and young goat stamp E+W

38.— (1) Where a sheep or a goat is slaughtered in a slaughterhouse and at the time of slaughter–

(a) it is not more than 12 months of age; or

(b) there is no permanent incisor erupted through the gum,

and the spleen and the ileum have been removed, the carcase of the animal may be marked with a young lamb stamp or a young goat stamp as appropriate.

(2) A young lamb stamp and a young goat stamp shall consist of a circular mark 5 centimetres in diameter containing in legible form in capital letters 1 centimetre high–

(a) “MHS”; and

(b) in the case of a sheep, “YL”; and

(c) in the case of a goat, “YG”.

(3) No person other than —

(a) an OVS;

(b) an inspector; or

(c) a meat technician acting under the responsibility of an OVS,

may apply a young lamb stamp or a young goat stamp or possess the equipment for applying such a stamp.

(4) No person shall use a stamp resembling a young lamb stamp or a young goat stamp in such a way as to suggest that the carcase of any animal other than an animal referred to in paragraph (1) is such a carcase.

(5) In relation to any slaughterhouse or cutting premises, the Agency may appoint as meat technicians such persons as are necessary to assist the OVS and inspectors in carrying out the functions referred to in paragraph (3).]

Textual Amendments

F10 Reg. 38 substituted (19.10.2005) by The TSE (England) (Amendment) (No.2) Regulations 2005 (S.I. 2005/2633), regs. 1, 12

Staining of specified risk material E+W

39.—(1) In this Part of these Regulations “stained blue” in relation to any material 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 M2 ) 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 this Part of these Regulations “stained yellow” in relation to any material 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 33 and 34 above 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; or

(b) to specified risk material which is intended to be used at premises licensed under regulation 57 below.

(4) Where specified risk material has been stained in accordance with regulations 33 or 34 above, the occupier of any premises at which such material is stored or handled and, in the case of a place licensed under this Part of these Regulations, 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.

(5) Where specified risk material is required to be stained in accordance with regulation 33 or 34 above but has not been so stained, the occupier of any premises at which such material is stored or handled and, in the case of a place licensed under this Part of these Regulations, the operator of that place, shall, as soon as practicable after he becomes aware that the specified risk material was required to be stained in accordance with regulation 33 or 34 above, inform the Secretary of State and detain the specified risk material until it has been inspected or collected on behalf of the Secretary of State or the Secretary of State has informed him that it may be disposed of in accordance with the requirements of this Part of these Regulations.

Marginal Citations

M2 Colour Index is published by the Society of Dyers and Colourists at Perkin House, 82 Grattan Road, Bradford, West Yorkshire BD1 2JB.

[F11 Disposal of specified risk material E+W

40.   Once specified risk material has been removed from the carcase and treated in accordance with this Part of these Regulations, including any material treated as if it were specified risk material in accordance with regulation 33(5) or 34(4) above, 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—

(a) consign it in accordance with the Animal By-Products Regulations 2003; or

(b) consign it to premises licensed under regulation 57.]

Textual Amendments

F11 Reg. 40 substituted (1.7.2003) by The Animal By-Products Regulations 2003 (S.I. 2003/1482), reg. 1, Sch. 4 para. 5

Presence of an OVS E+W

41.—(1) An OVS, or an inspector or meat technician acting under the responsibility of an OVS, shall be present at any slaughterhouse where any carcase of a sheep or goat that is not marked with a young lamb stamp [F12 , or young goat stamp, as the case may be,] is being loaded for delivery to licensed cutting premises, and he shall supervise the loading.

(2) An OVS, or an inspector or meat technician acting under the responsibility of an OVS, shall be present at any cutting premises where any carcase of a sheep or goat that is not marked with a young lamb stamp [F12 , or young goat stamp, as the case may be,] 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 OVS, or an inspector or meat technician acting under the responsibility of an OVS, and no other person may seal such a vehicle.

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

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

Textual Amendments

F12 Words in reg. 41(1)(2) inserted (19.10.2005) by The TSE (England) (Amendment) (No.2) Regulations 2005 (S.I. 2005/2633), regs. 1, 13(1)