The TSE (Wales) Regulations 2002

Administration and enforcement E+W

Records relating to mammalian meat and bone meal and processed animal protein E+W

26.—(1) Any person who consigns mammalian meat and bone meal or processed animal protein must keep for two years from the date of consignment (or, in the case of mammalian meat and bone meal or processed animal protein produced outside the United Kingdom, for two years from the date on which it was imported into the United Kingdom) a record indicating—

(a) the date and nature of the material consigned;

(b) the weight consigned and, unless consigned loose, the number and weight of the packages, pallets or other containers in which it is consigned;

(c) the destination of the consignment;

(d) the name and address of the consignee;

(e) the registration number of the vehicle in which the consignment was received; and

(f) the name and address of the operator of that vehicle.

(2) Any person receiving a consignment of mammalian meat and bone meal or processed animal protein shall keep for two years from the date of receipt of the consignment a record indicating—

(a) the date on which it was received and the nature of the material received;

(b) its weight on receipt and, unless consigned loose, the number and weight of the packages, pallets or other containers in which it was consigned;

(c) the place from which it was consigned;

(d) the name and address of the person by whom it was consigned;

(e) the registration number of the vehicle in which the consignment was received; and

(f) the name and address of the operator of that vehicle.

(3) Any person receiving a consignment of mammalian meat and bone meal or processed animal protein shall keep for two years from the date of any use, disposal or further consignment a record indicating—

(a) in the case of any use, the nature of the material used and details of each use, the weight of any part of the consignment incorporated into a product and the nature and date of manufacture of any such product;

(b) in the case of disposal, the weight disposed of, the date of such disposal, and the place in which, method by which and name of the person by whom it was disposed of; and

(c) in the case of further consignment, the information required by paragraph (1) above.

(4) Any person who controls a vehicle in which mammalian meat and bone meal or processed animal protein is transported must keep, for two years from the date on which each consignment of that material is first transported in the vehicle (or, in the case of an import, from the date on which that material entered the United Kingdom), a record of—

(a) the person and place from which that consignment was transported and the nature of the material consigned;

(b) the date on which it was collected from that person;

(c) the weight consigned and, unless consigned loose, the number and weight of the packages, pallets or other containers in which it was consigned;

(d) the registration number, and the name and address of the driver, of the vehicle in which it was transported and, if the vehicle includes a trailer, the number of the trailer;

(e) the person and place to which it was or was to be delivered; and

(f) the date or intended date of delivery to that person.

(5) The driver of a vehicle in which a consignment of mammalian meat and bone meal or processed animal protein is transported must have a document recording the information required by paragraph (4) above in his or her possession at all times when he or she is in charge of that vehicle.

(6) In relation to a vehicle not having a registration number, the requirement to keep a record of the registration number pursuant to paragraphs (1)(e), (2)(e) and (4)(d) above shall be a requirement to keep such details as permit the identification of the vehicle in which the consignment was transported.

(7) When a vehicle is used for the transport of bulk feeding stuffs for feeding to farmed animals other than ruminants containing—

(a) fishmeal for feeding to farmed animals other than ruminants;

(b) dicalcium phosphate from defatted bones; or

(c) hydrolysed protein;

the person using the vehicle for the transport of such bulk feeding stuff must keep, for two years from the date of such transport, a record of each cleaning of the vehicle carried out as required by regulation 23(6) or 24(8) above.

Cleansing and disinfection E+W

27.—(1) Any person who produces mammalian meat and bone meal or any MBM product shall ensure the thorough cleansing and disinfection of any premises or equipment used for such production before they are used for any other purpose except the production of a fertiliser that is not for use on agricultural land.

(2) Subject to paragraphs (3) and (4) below, any person who stores or transports mammalian meat and bone meal or any MBM product, or who makes any arrangement for that storage or transport, must ensure the thorough cleansing and disinfection of any premises, vehicle or equipment used for that storage or transport as soon as possible after that storage or transport ceases and in any event before they are used for any other purpose.

(3) It shall be a defence for any person charged with an offence under paragraph (2) above to prove that at all material times the mammalian meat and bone meal or MBM product (as the case may be) was securely packaged and that no spillage or leakage took place.

(4) It shall be a defence for any person charged with an offence under paragraph (2) above by virtue of any arrangement made by him or her to show that they took all reasonable steps to ensure that the premises, equipment or vehicle in question were thoroughly cleansed and disinfected in accordance with that paragraph.

(5) An inspector may serve on the occupier of any premises or on the owner or operator of any vehicle or equipment on or in which there is, or has been—

(a) any mammalian meat and bone meal; or

(b) any MBM product

a notice requiring him or her to cleanse and disinfect, at his or her own expense, all or any part of the premises or vehicle or any equipment or any other thing used in connection with the mammalian meat and bone meal or MBM product. A notice served under this regulation may specify the manner in which and the period within which the owner or occupier must carry out the work required by the notice.

(6) If any person on whom a notice is served under paragraph (5) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so may be recovered from the person in default by the authority on whose behalf the inspector served the notice.

Powers of inspectors E+W

28.—(1) An inspector may make such enquiries and carry out such investigations as he or she considers necessary for any purpose connected with the administration or enforcement of the provisions of this Part of these Regulations.

(2) For the purposes of paragraph (1) an inspector shall, on producing, if required to do so, some duly authenticated document showing his or her authority, have the right at all reasonable times to enter any premises (excluding premises used only as a dwelling) to—

(a) ascertain whether any—

(i) TSE susceptible animal; or

(ii) any mammalian meat and bone meal or processed animal protein, or any feed or feeding stuff,

is being or has been kept on the premises;

(b) ascertain whether—

(i) any TSE exists or has existed on the premises or any other premises; or

(ii) any animal which is being kept on the premises or has been kept on the premises is, or was at the time it was kept there, affected with any TSE;

(c) collect, pen, inspect and examine any TSE susceptible animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;

(d) inspect and examine—

(i) any mammalian meat and bone meal or processed animal protein;

(ii) any feeding stuff;

(iii) any production, storage, transport or other operation carried out under this Part of these Regulations and anything used for the marking and identification of any mammalian meat and bone meal or processed animal protein, or feeding stuff; or

(iv) the carcase of TSE susceptible animal;

(e) make any tests and take any samples from any mammalian meat and bone meal, processed animal protein, feeding stuff, or TSE susceptible animal, or the carcase of a TSE susceptible animal, as he or she considers necessary;

(f) mark for identification purposes any mammalian meat and bone meal, processed animal protein, feeding stuff, or TSE susceptible animal or the carcase of a TSE susceptible animal;

(g) serve a notice to restrict or prohibit the movement of any mammalian meat and bone meal, processed animal protein, feeding stuff, TSE susceptible animal or the carcase of a TSE susceptible animal;

(h) serve a notice under regulation 29(2) or (3) below or in accordance with regulation 29(4) below carry out or cause to be carried out the requirements of any notice so served;

(i) issue a licence in connection with the movement of any mammalian meat and bone meal or processed animal protein, feeding stuff, TSE susceptible animal or the carcase of a TSE susceptible animal;

(j) seize any mammalian meat and bone meal or processed animal protein, feeding stuff, TSE susceptible animal or the carcase of a TSE susceptible animal;

(k) serve any notice in connection with the seizure;

(l) slaughter any TSE susceptible animal or serve any notice in connection with the slaughter of the animal;

(m) serve a notice requiring any cleansing and disinfection or carry out or cause to be carried out any cleansing and disinfection;

(n) examine any record, in whatever form the record may be held, and take copies of the record;

(o) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him or her such assistance as he or she may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; or

(p) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or any evidence of any such contravention or failure.

(3) No person except an inspector shall remove or otherwise interfere with any mark applied under paragraph (2)(f) above.

(4) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and either—

(a) admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b) an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent,

the justice of the peace may by warrant signed by him or her authorise an inspector to enter the premises, if need be by reasonable force.

(5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his or her employees and any person on the premises who is or has been in possession or charge of any mammalian meat and bone meal or processed animal protein, or any animal or carcase, which is or has been on the premises, shall—

(a) provide reasonable facilities and assistance to the inspector, and comply with the reasonable requirements of the inspector, as considered by the inspector to be necessary for any purpose connected with the administration or enforcement of this Part of these Regulations; and

(b) if required by an inspector, give any information he or she possesses as to—

(i) any mammalian meat and bone meal or processed animal protein, or any animal or carcase which is or has been on the premises;

(ii) any animal or carcase with which any mammalian meat and bone meal or processed animal protein, or any animal or carcase, which is or has been on the premises may have come into contact; and

(iii) the location, transport and movement of any mammalian meat and bone meal or processed animal protein, or any animal or carcase, which is or has been in his or her possession or charge.

(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him or her—

(a) any other persons he or she considers necessary to give such assistance as he or she considers necessary; and

(b) a representative of the European Commission acting for the purpose of the Community TSE Regulation or the Community Transitional Measures or any Community legislation referred to in that Regulation or those Measures; and

(7) If an inspector enters any unoccupied premises he or she must leave them as effectively secured against unauthorised entry as he or she found them.

(8) Any notice under this regulation shall be complied with at the expense of the person on whom the notice is served.

(9) If a notice under this regulation is not complied with, an inspector may arrange for it to be complied with at the expense of the person on whom the notice is served.

Disposal and recall of mammalian meat and bone meal and MBM products E+W

29.—(1) Paragraph (2) below applies where an inspector finds—

(a) any mammalian meat and bone meal or any MBM product possessed or transported in contravention of regulation 12(3) or (4) above; or

(b) any processed animal protein sold or supplied in contravention of regulation 15(1) above.

(2) When this paragraph applies an inspector may serve a notice on the person in possession of the mammalian meat and bone meal, MBM product or processed animal protein requiring that person to dispose of it, and any other mammalian meat and bone meal, MBM product or processed animal protein with which it has come into contact, in the manner and within the period as the inspector may specify in the notice.

(3) An inspector may serve on any person who has sold or supplied—

(a) any feeding stuff the sale or supply of which is prohibited by regulation 11(1) or 12(1) above, or which the inspector reasonably suspects of being so prohibited; or

(b) any processed animal protein the sale or supply of which is prohibited by regulation 15(1) above or which the inspector reasonably suspects of being so prohibited,

a notice requiring that person to collect at his or her own expense that feeding stuff or processed animal protein from the person to whom it was supplied or sold, or from any other person to whom it may subsequently have been supplied or sold. A notice served under this paragraph may also specify the place to which and the time within which the product is to be transported.

(4) If any person on whom a notice is served under paragraph (2) or (3) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so may be recovered from the person in default by the authority on whose behalf the inspector served the notice.