The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

Notices S

15.—(1) If it is necessary for any reason connected with the enforcement of the EU TSE Regulation or these Regulations, an inspector may serve a notice on—

(a) the owner or keeper of any animal;

(b) the person in possession of any animal, body of an animal, part of a body of an animal (including the blood and the hide), semen, embryo or ovum;

(c) the person in possession, or supplier, of any animal protein or feedingstuffs that may contain animal protein; F1 ...

(d) the owner, or person in possession, of any milk or milk products.

[F2 (e) the occupier or person in charge of any holding, vehicle or container to which the these Regulations apply; or

(f) the occupier of a slaughterhouse.]

(2) The notice must be in writing and give the reasons for it being served.

(3) The notice may—

(a) prohibit the movement of any animal on to or from the premises specified in the notice;

(b) prohibit the movement of any milk or milk products from the premises specified in the notice;

(c) specify those parts of premises to which an animal may or may not be allowed access;

(d) require the killing or slaughter of any animal;

(e) prohibit or require the movement on to or from the premises specified in the notice of the body or any part of the body (including the blood and the hide) of any animal, any animal protein or feedingstuffs that may contain animal protein, and any semen, embryo or ovum;

(f) require the disposal of the body or any part of the body (including the blood and the hide) of any animal (whether or not it is one that was required to be retained), and any semen, embryo, ovum, milk or milk product as may be specified in the notice;

(g) require the disposal of any animal protein or feedingstuffs that may contain animal protein or specify how they are to be used; F3 ...

(h) require the recall of any animal protein or feedingstuffs that may contain animal protein.

[F4 (i) require that a person does not feed any animal protein or feedingstuffs that may contain animal protein to livestock;

(j) require that all or any part of the holding, vehicle, vessel or container (and any associated equipment) is cleansed and disinfected where the inspector suspects there is a risk to animal or human health; or

(k) require an occupier of a slaughterhouse—

(i) to take a sample from any bovine animal in accordance with paragraph 8 of Part 1 of schedule 2, or

(ii) to permit an official veterinarian to take brain stem samples from an bovine animal in accordance with paragraph 8 of Part 1 of schedule 2.]

(4) If an inspector suspects that any premises to which the EU TSE Regulation or these Regulations apply constitutes a risk to public or animal health, the inspector may serve a notice on the occupier or person in charge of the premises requiring that occupier or person to cleanse and disinfect all or any part of the premises and any associated equipment.

(5) A notice may specify how it must be complied with, and specify time limits.

(6) A notice must be complied with at the expense of the person on whom it is served, and if it is not complied with an inspector may arrange to have it complied with at that person's expense.

(7) Failure to comply with a notice is an offence.

Textual Amendments

F1 Word in reg. 15(1)(c) omitted (23.5.2019) by virtue of The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 5(2)(a)

F2 Reg. 15(1)(e)(f) inserted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 5(2)(b)

F3 Word in reg. 15(3)(g) omitted (23.5.2019) by virtue of The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 5(3)(a)

F4 Reg. 15(3)(i)-(k) inserted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 5(3)(b)