The Products of Animal Origin (Disease Control) (England) Regulations 2008

PART 1 U.K. Introduction

Title, application and commencement U.K.

1.  These Regulations—

(a) may be cited as the Products of Animal Origin (Disease Control) (England) Regulations 2008;

(b) apply in England only; and

(c) come into force on 6th April 2008.

Interpretation: general U.K.

2.  In these Regulations—

“the Act” means the Animal Heath Act 1981(1);

“animal” means any mammal;

“disease” means any of the following: classical swine fever; African swine fever; swine vesicular disease; rinderpest; sheep and goat plague, Newcastle disease;

“disease legislation” means any of the legislation listed in Schedule 1;

[F1 “domestic market” is the market for the sale of poultry meat in England, Scotland, Wales and Northern Ireland;]

“establishment” means a slaughterhouse or a game handling establishment;

“game handling establishment” means an establishment where the preparation of wild game carcases takes place;

“inspector” means an inspector appointed as such by the Secretary of State or a local authority for the purpose of these Regulations or of the Act and, unless the context otherwise requires, includes a veterinary inspector;

“local authority” means—

(a)

in a part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994(2), a unitary authority for that local government area, that authority;

(b)

where there is not a unitary authority—

(i)

in a metropolitan district, the council of that district;

(ii)

in a non-metropolitan county, the council of that county;

(iii)

in each London borough, the council of that borough;

(iv)

in the city of London, the Common Council;

(v)

where there is a port health authority, that authority;

“meat” means any part of the carcase of either an animal or poultry intended for human consumption, and includes a product resulting from the processing of meat from that animal or poultry or a product resulting from the further processing of such processed meat product;

“occupier” means, in relation to any premises or establishment, the person in charge of those premises or that establishment;

“poultry” means all species of poultry reared or kept in captivity for the production of meat or eggs for human consumption, the production of other commercial products for human consumption, the restocking of supplies of game or for the purposes of any breeding programme for the production of these categories of birds;

“premises” means any land, building or place in business use, other than a slaughterhouse or game handling establishment;

F2 ...

[F3 “seropositive pig” means a pig that is not a restricted animal but is required by the Secretary of State to be slaughtered in a slaughterhouse due to antibodies against swine vesicular disease virus being identified in that pig;]

[F3 “seropositive pig meat” is meat derived from a seropositive pig which—

(a)

is not restricted meat, and

(b)

has not been treated in accordance with Schedule 2 at a designated treatment centre;]

“slaughter” means killing for the production of food for human consumption but does not include killing wild game;

“slaughterhouse” means an establishment where the slaughter and dressing of any animal or poultry takes place;

“supply” means supply to the final consumer or to a person who then supplies to the final consumer and includes consignment for sale;

“treatment centre” means premises designated under regulation 5 for the purpose of subjecting meat to a treatment listed in Schedule 2;

“vehicle” includes—

(a)

a trailer, semi-trailer or other thing designed or adapted to be towed by another vehicle;

(b)

a detachable part of any vehicle;

(c)

a container or other structure designed or adapted to be carried on a vehicle;

“veterinary inspector” means a person appointed as such by the Secretary of State for the purposes of these Regulations or under the Act; and

“wild game” means a wild animal which is hunted for human consumption.

Textual Amendments

F1 Words in reg. 2 inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 3(a)

F2 Words in reg. 2 omitted (30.6.2009) by virtue of Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 3(b)

F3 Words in reg. 2 inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 3(c)

Restricted animal, restricted poultry and restricted meat: definitions U.K.

3.—(1) In these Regulations, a “restricted animal” is an animal which is—

(a) at, in or from—

(i) suspect premises;

(ii) an establishment where a disease is suspected;

(iii) infected premises;

(iv) an establishment where a disease is confirmed;

(v) an infected area;

(vi) a protection zone; or

(vii) a surveillance zone; and

(b) of a species susceptible to the disease in respect of which restrictions have been imposed under disease legislation.

(2) In these Regulations, “restricted poultry” is poultry which is at, in or from any of the following under the Diseases of Poultry (England) Order 2003(3) —

(a) suspect premises;

(b) a slaughterhouse where a disease is suspected;

(c) infected premises;

(d) a slaughterhouse where a disease is confirmed;

(e) an infected area;

(f) a protection zone; or

(g) a surveillance zone.

(3) “Suspect premises” are premises where movement restrictions are in place under disease legislation because a disease is suspected there.

(4) “Infected premises” are premises where a disease has been confirmed under disease legislation.

(5) An “infected area” is an area of this name declared by the Secretary of State under disease legislation following confirmation of a disease.

(6) A “protection zone” is an area of this name declared by the Secretary of State under disease legislation following confirmation of a disease.

(7) A “surveillance zone” is an area of this name declared by the Secretary of State under disease legislation following confirmation of a disease.

[F4 (8) Subject to paragraph (9), “restricted meat” is meat, including meat that has come into contact with meat—

(a) produced on or after the date that a protection zone or a surveillance zone is declared, or an earlier date where the Secretary of State specifies such a date for the purpose of disease control;

(b) from a restricted animal or restricted poultry that has come from an infected area, a protection zone or a surveillance zone; and

(c) from pigs that have been vaccinated to protect them from classical swine fever for 6 months (or any other specified period).]

[F5 (9) Where restricted meat has been treated in accordance with Schedule 2 at a treatment centre it ceases to be regarded as restricted meat.]

Textual Amendments

F4 Reg. 3(8) substituted (14.8.2014) by The Diseases of Swine Regulations 2014 (S.I. 2014/1894), regs. 1(1)(c), 43(5)(a) (with reg. 4(1))

F5 Reg. 3(9) inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 4(b)

Notices U.K.

4.  Notices under these Regulations—

(a) must be in writing; and

(b) may be amended, suspended or revoked, by further notice, at any time.

Designation of premises, slaughterhouses and game handling establishments U.K.

5.—(1) The Secretary of State may designate any establishment or premises for the purposes of slaughtering animals or poultry, or cutting, preparing, processing, packing, wrapping, storage or treatment of meat.

(2) Designation under these Regulations—

(a) must be in writing;

(b) may be subject to conditions; and

(c) may be amended, suspended or revoked by notice.

(3) Premises and establishments designated by the Scottish Ministers, the Welsh Ministers or the Department for Agriculture and Rural Development of Northern Ireland for the same purposes as they may be designated under these Regulations are designated premises or establishments for the purposes of these Regulations.

(4) In these Regulations, “designated” refers to premises and establishments which are designated under this regulation.

Restrictions relating to movements from Scotland, Wales or Northern Ireland U.K.

6.—(1) Unless the Secretary of State directs otherwise, measures in these Regulations applying in respect of anything moved from any of the premises, establishments, areas or zones referred to in regulation 3 also apply in respect of such a movement from any equivalent premises, establishment, area or zone in Scotland, Wales or Northern Ireland.

(2) This regulation only applies if the person to whom the measure applies is aware or should reasonably have been aware that the movement is from such premises, establishment, area or zone.

PART 2 U.K. Control of meat from restricted animals or restricted poultry

Meat from suspect or infected premises U.K.

7.—(1) Any person who is in possession of meat from a restricted animal or restricted poultry originating from the relevant date from suspect premises, or meat that has come into contact with such meat, must detain that meat until those premises are no longer suspect premises.

(2) Paragraph (1) only applies if the person in possession of the meat is aware or should reasonably have been aware that the meat is from a restricted animal or restricted poultry originating from the relevant date from suspect premises, or is meat that has come into contact with such meat.

(3) Any person in possession of meat produced from a restricted animal or restricted poultry originating from infected premises from the relevant date, or meat that has come into contact with such meat, must destroy that meat without delay.

[F6 (4) In this regulation “relevant date” means the date the suspect premises or infected premises became subject to disease restrictions, or any earlier date where the Secretary of State specifies such a date for disease control purposes.]

Textual Amendments

F6 Reg. 7(4) inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 5

Tracing of meat from infected premises U.K.

8.  Any person who has owned or been in possession of meat referred to in regulation 7(3) must—

(a) use best endeavours to trace that meat; and

(b) inform the recipient of that meat, other than a consumer, that the meat is from infected premises.

Prohibition on supply and export of meat U.K.

9.—(1) A person must not—

(a) supply restricted meat; F7 ...

(b) export restricted meatF8 ... [F9 ; or

(c) export seropositive pig meat.]

[F10 (2) The prohibition in paragraph 1(a) does not apply to restricted meat from restricted poultry intended for supply on the domestic market.]

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Word in reg. 9(1) omitted (30.6.2009) by virtue of Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 6(a)(i)

F8 Reg. 9(1)(b) full stop omitted (30.6.2009) by virtue of Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 6(a)(ii)

F9 Reg. 9(1)(c) and word added (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 6(a)(ii)

F10 Reg. 9(2) substituted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 6(b)

F11 Reg. 9(3) omitted (30.6.2009) by virtue of Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 6(c)

Slaughterhouses U.K.

10.—(1) The occupier of a slaughterhouse may only slaughter restricted animals [F12 , seropositive pigs] or restricted poultry if the slaughterhouse is designated.

(2) The occupier of a slaughterhouse must ensure that—

(a) restricted animals are kept separate from other animals;

(b) restricted animals are slaughtered separately from other animals;

(c) restricted poultry are kept separated from other poultry;

(d) restricted poultry are slaughtered separately from other poultryF13 ... [F14 ;

(e) seropositive pigs are kept separately from other pigs; and

(f) seropositive pigs are slaughtered separately from other pigs.]

(3) The occupier of a slaughterhouse who receives restricted animals that have not been kept separate from other animals or who has not kept restricted animals separate from other animals must, on being given notice by a veterinary inspector, deal with those other animals as restricted animals.

(4) The occupier of a slaughterhouse who receives restricted poultry that have not been kept separate from other poultry or who has not kept restricted poultry separate from other poultry must, on being given notice by a veterinary inspector, deal with that other poultry as restricted poultry.

(5) The occupier of a slaughterhouse where disease is suspected or has been confirmed must detain all meat in the slaughterhouse until a veterinary inspector notifies that occupier that the inspector is satisfied that detention of all or some of that meat is no longer necessary to reduce the risk of transmission of disease.

[F15 (6) Where the occupier of a slaughterhouse has not complied with the requirements of paragraph (2)(e) or (2)(f) on being given notice by a veterinary inspector, those other pigs must be dealt with by the occupier as seropositive pigs.

(7) The occupier of a slaughterhouse may only receive restricted meat if it is a designated slaughterhouse]

Textual Amendments

F12 Words in reg. 10(1) inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 7(a)

F13 Reg. 10(2)(d) full stop omitted (30.6.2009) by virtue of Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 7(b)

F14 Reg. 10(2)(e)-(f) inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 7(b)

F15 Reg. 10(6)(7) inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 7(c)

Game handling establishments U.K.

11.—(1) The occupier of a game handling establishment may only receive restricted meat if that establishment is designated.

(2) The occupier of a game handling establishment where disease is suspected or has been confirmed must detain all meat in the game handling establishment until a veterinary inspector notifies that occupier that the inspector is satisfied that detention of all or some of that meat is no longer necessary to reduce the risk of transmission of disease.

Receipt and possession of restricted meat U.K.

12.—(1) The occupier of any premises F16 ... may only receive restricted meat if that premises F16 ... is designated.

(2) Any person in possession of restricted meat must keep it separate from other meat.

[F17 (3) Paragraph (1) does not apply when the restricted meat is from restricted poultry intended only for supply on the domestic market.]

Textual Amendments

F16 Words in reg. 12(1) omitted (30.6.2009) by virtue of Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 8(a)

F17 Reg. 12(3) inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 8(b)

Marking of meat U.K.

13.—(1) The occupier of an establishment must ensure that restricted meat [F18 or seropositive pig meat] is marked in accordance with Schedule 3.

(2) A person must not be in possession or control of restricted meat [F19 or seropositive pig meat] unless it is marked in accordance with Schedule 3.

(3) A person must not remove a mark applied under this regulation except to enable cutting, preparing, processing, packing or treatment of the restricted meat [F20 or seropositive pig meat] .

(4) Any person who removes a mark applied under this regulation, other than a person treating meat at a treatment centre with a treatment listed in Schedule 2, must reapply the mark, with the appropriate plant approval number, after cutting, preparing, processing, packing or treatment of the meat.

Textual Amendments

F18 Words in reg. 13(1) inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 9

F19 Words in reg. 13(2) inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 9

F20 Words in reg. 13(3) inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 9

Movement of restricted meat U.K.

[F21 14.— (1) No person may transport or arrange for the transport of restricted meat to premises or an establishment unless those premises or that establishment is designated.

(2) Paragraph (1) does not apply when the restricted meat is from restricted poultry intended only for supply on the domestic market.]

Textual Amendments

F21 Reg. 14 substituted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 10

Record keeping U.K.

15.—(1) The occupier of a slaughterhouse where a restricted animal [F22 , seropositive pig] or restricted poultry is slaughtered must make records of the following—

[F23 (a) the number and type of restricted animals, seropositive pigs or restricted poultry slaughtered;]

(b) the date of such slaughter;

(c) the disease which caused the animals or poultry to be subject to restrictions under the disease legislation.

(2) Any person who is in possession of restricted meat [F24 or seropositive pig meat] must make records of the following—

(a) the quantity of [F25 such] meat handled;

(b) the disease which caused the meat to be subject to restrictions under the disease legislation;

(c) the quantity of [F26 such] meat placed into and removed from cold storage;

(d) the date of such movement into or out of cold storage;

[F27 (e) the quantity of such meat that is no longer intended for human consumption.]

[F28 (2A) Paragraph (2) does not apply to any wholesale distributor, retail distributor, retailer or consumer when—

(a) the restricted meat is from restricted poultry intended only for supply on the domestic market; or

(b) the meat is seropositive pig meat.]

(3) The occupier of a treatment centre where restricted meat is treated must keep records of the following—

(a) the date of the treatment;

(b) the species of animal from which the meat came;

(c) the quantity of meat treated;

(d) the treatment applied.

(4) Records made under this regulation must be retained for at least 3 years from the date of the slaughter, movement or treatment to which they refer.

Textual Amendments

F22 Words in reg. 15(1) inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 11(a)

F23 Reg. 15(1)(a) substituted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 11(b)

F24 Words in reg. 15(2) inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 11(c)

F25 Word in reg. 15(2)(a) substituted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 11(d)

F26 Word in reg. 15(2)(c) substituted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 11(d)

F27 Reg. 15(2)(e) substituted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 11(e)

F28 Reg. 15(2A) inserted (30.6.2009) by Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 (S.I. 2009/1297), regs. 1, 11(f)

PART 3 U.K. Other requirements

Requirements in relation to milk and milk products U.K.

16.—(1) The Secretary of State may declare that requirements in respect of milk and milk products apply if he considers those requirements necessary to minimise the risk of the spread of disease.

(2) “Milk and milk products” includes cows’ milk, goats’ milk, ewes’ milk and products obtained from such milk, in each case intended for human consumption.

(3) A declaration under paragraph (1)—

(a) must be in writing;

(b) may be amended by further declaration at any time; and

(c) may only be revoked by further declaration.

PART 4 U.K. Inspection, offences and enforcement

Powers and duties of inspectors U.K.

17.—(1) On producing, if required, a duly authenticated document showing his authority, an inspector may, at all reasonable hours, enter any premises, establishment or vehicle for the purpose of ensuring that these Regulations are being complied with.

(2) An inspector may require a person in possession of any meat to detain that meat at a place specified by the inspector.

(3) An inspector may require a person in possession of meat to dispose of that meat.

(4) An inspector may require a person in possession of meat to treat that meat.

(5) An inspector may carry out such inquiries, examinations and tests and take such samples as he considers necessary.

(6) An inspector may mark any animal, meat or other thing for identification purposes.

(7) An inspector may, by notice to the occupier of any premises or establishment, require the marking of any meat.

(8) An inspector may, by notice to the occupier of any premises or establishment, require the tracing of any meat that the occupier has handled.

(9) An inspector may, by notice to the occupier of any premises or establishment, require the cleansing and disinfection of any part of those premises.

(10) An inspector may, by notice to the person in charge of any thing, require the cleansing and disinfection of that thing.

(11) An inspector may, by notice to the occupier of any premises or establishment or the person in charge of any animal, or thing require—

(a) the isolation of the animal, or thing in a specified place;

(b) the separation of any animal, or thing from any other animal, or thing.

(12) An inspector may inspect and copy any records (in whatever form they are held) kept under these Regulations and remove such records so they may be copied.

(13) An inspector may inspect and check the operation of any computer and associated apparatus or material used in connection with the making and keeping of records under these Regulations.

(14) An inspector may require computer records to be produced in a form which may be taken away.

(15) An inspector who enters any premises, establishment or vehicle may be accompanied by—

(a) such other persons as he considers necessary; F29 ...

F29 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) An inspector who enters an unoccupied premises or unoccupied establishment must leave them as effectively secured against unauthorised entry as the inspector found them.

Textual Amendments

F29 Reg. 17(15)(b) and word omitted (31.12.2020) by virtue of The Exotic Disease (Amendment) (England) (EU Exit) Regulations 2018 (S.I. 2018/1406), regs. 1, 8(2); 2020 c. 1, Sch. 5 para. 1(1)

Provision of reasonable assistance, information and cooperation U.K.

18.  Any person to whom any requirement under these Regulations applies or who is required to give reasonable assistance or information to a person executing these Regulations must, unless that person has reasonable cause, do so without delay.

Costs of compliance U.K.

19.  The costs incurred by any person in taking any action required under these Regulations, or of refraining from taking action prohibited under them, must be met by that person unless the Secretary of State directs otherwise in writing.

Powers of inspectors in case of default U.K.

20.  If any person fails to comply with a requirement in or under these Regulations, an inspector may take such steps the inspector considers necessary to ensure the requirement is met at the expense of that person.

Offences and proceedings U.K.

21.—(1) The following provisions of the Act apply as if these Regulations were an Order made under the Act—

(a) sections 66 (refusal and obstruction);

(b) section 71A(4) (prosecutions: time limit);

(c) section 73 (general offences);

(d) section 77 (money recoverable summarily);

(e) section 79(1) to (4) (evidence and procedure);

(2) Section 75 of the Act(5) (penalties for certain summary offences) applies as if these Regulations were an Order made under the Act except that any term of imprisonment on summary conviction may not exceed three months.

Offences by bodies corporate U.K.

22.—(1) If an offence committed by a body corporate is shown—

(a) to have been committed with the consent or connivance of an officer; or

(b) to be attributable to any neglect on the officer’s part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of members in connection with their functions of management as if they were directors of the body.

(3) “Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Disapplication of provisions to any person executing or enforcing these Regulations U.K.

23.  Any prohibition or restriction on the movement or use of any thing under these Regulations does not apply to the following in their execution or enforcement of these Regulations—

(a) the Secretary of State;

(b) an inspector of the local authority;

(c) any other person authorised by the Secretary of State or by the local authority to carry out such execution or enforcement.

Enforcement U.K.

24.— [F30 (1)]  These Regulations are to be enforced by—

(a) the Secretary of State in any establishment or cutting plant; or

(b) the local authority, unless the Secretary of State directs otherwise.

(2) [F31 For the purposes of paragraph (1)(a) or where the Secretary of State makes a direction under paragraph (1)(b), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to these Regulations.]

Textual Amendments

F30 Reg. 24(1): reg. 24 renumbered (24.12.2012) by The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 (S.I. 2012/2897), arts. 1(1), 23(a)

F31 Reg. 24(2) added (24.12.2012) by The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 (S.I. 2012/2897), arts. 1(1), 23(b)

Jeff Rooker

Minister of State

Department for Environment, Food and Rural Affairs