The TSE (Wales) Regulations 2002

1. Introductory Text

2. Part I Introductory provisions

   1. 1. Title, application and commencement

   2. 2. Application

   3. 3. Interpretation

3. Part II TSE monitoring

   1. 4. TSE monitoring

   2. 5. Prohibitions and restrictions on the movement of TSE susceptible animals

   3. 6. Slaughter of TSE susceptible animals at slaughterhouses

   4. 7. Slaughter of TSE susceptible animals at other premises

   5. 8. Retention, seizure and disposal of carcases etc. of TSE susceptible animals

   6. 9. Compensation for slaughtered TSE susceptible animals

   7. 10. Notifications

4. Part III Animal feeding

   1. Mammalian protein and mammalian meat and bone meal

      1. 11. Mammalian protein

      2. 12. Mammalian meat and bone meal for use in feeding stuffs for livestock

      3. 13. Mammalian meat and bone meal for use in fertilisers on agricultural land

   2. Processed animal protein

      1. 14. Feeding of processed animal protein to farmed animals

      2. 15. Sale or supply of processed animal protein intended for the feeding of farmed animals

      3. 16. Production of fishmeal for feeding to farmed animals other than ruminants

      4. 17. Production of dicalcium phosphate and hydrolysed protein for feeding to farmed animals other than ruminants

      5. 18. Transport and storage of processed animal protein

   3. Approvals of premises

      1. 19. Applications for approvals and approvals of premises

      2. 20. Suspension and withdrawal of approvals

      3. 21. Appeals

   4. Feeding stuffs

      1. 22. Manufacture of feeding stuffs containing processed animal protein

      2. 23. Production of feeding stuffs containing fishmeal for feeding to farmed animals other than ruminants

      3. 24. Production of feeding stuffs containing dicalcium phosphate and hydrolysed protein for feeding to farmed animals other than ruminants

      4. 25. Use and storage of feeding stuffs containing fishmeal, dicalcium phosphate or hydrolysed protein

   5. Administration and enforcement

      1. 26. Records relating to mammalian meat and bone meal and processed animal protein

      2. 27. Cleansing and disinfection

      3. 28. Powers of inspectors

      4. 29. Disposal and recall of mammalian meat and bone meal and MBM products

5. Part IV Specified Risk Material

   1. Introductory provisions

      1. 30. Interpretation of expressions used in this Part

      2. 31. Extended meaning of sale etc.

      3. 32. Presumption that food is intended for human consumption

   2. Carcases and specified risk material

      1. 33. Removal of specified risk material from carcases in slaughterhouses

      2. 34. Removal of specified risk material from carcases elsewhere

      3. 35. Inspection and marking of carcases in a slaughterhouse

      4. 36. Removal of vertebral column of bovine animals in cutting premises

      5. 37. Removal of SRM spinal cord of bovine animals, sheep and goats

      6. 38. The young lamb stamp

      7. 39. Staining of specified risk material

      8. 40. Consignment of specified risk material after removal from carcases

      9. 41. Presence of an OVS

   3. Prohibitions: slaughter and carcases

      1. 42. Pithing

      2. 43. Prohibition on sale of non-compliant carcases for human consumption

      3. 44. Prohibition on the removal of brain and eyes

      4. 45. Prohibition on the removal of spinal cord

      5. 46. Transport of unmarked carcases of sheep and goats

      6. 47. Possession of unmarked carcases of sheep and goats

   4. Prohibitions on sale and use of specified risk material

      1. 48. Prohibition on sale of specified risk material for human consumption

      2. 49. Prohibition on feeding specified risk material to animals

      3. 50. Specified risk material for use in cosmetic, pharmaceutical and medical products

      4. 51. Mechanically recovered meat

   5. Prohibitions on collection, transport, rendering, incineration etc. and storage of specified risk material

      1. 52. Use of premises for collection, rendering, incineration etc. of specified risk material

      2. 53. Storage of specified risk material

      3. 54. Transport of specified risk material

      4. 55. Procedure for bringing in specified risk material from England, Scotland or Northern Ireland

   6. Licensing

      1. 56. Licensing

      2. 57. Licensing for the use of specified risk material in production or research

      3. 58. Applications for licences

      4. 59. Requirements of use of licensed premises

      5. 60. Suspension of licences

      6. 61. Revocation of licences

      7. 62. Appeals against suspension, refusal and revocation of licences

   7. Collection centres and incinerators

      1. 63. Collection centres

      2. 64. Incinerators

   8. Rendering plants

      1. 65. Delivery of specified risk material to rendering plants

      2. 66. Storage etc. of specified risk material at rendering plants

      3. 67. Rendering of specified risk material

      4. 68. Rendered material

   9. Administration and enforcement

      1. 69. Records

      2. 70. Cleansing and disinfection

      3. 71. Powers of inspectors

      4. 72. Recall, seizure and destruction of feeding stuffs

      5. 73. Directions

      6. 74. Compliance with notices

      7. 75. Slaughterhouse staff training

      8. 76. Occupier’s duty and offences

      9. 77. Inspection and seizure of suspected food

6. Part V Control and eradication of TSEs: Chapter IV of the Community TSE Regulation

   1. 78. Notifications for the purposes of Chapter IV of the Community TSE Regulation

   2. 79. Measures for the purposes of Chapter IV of the Community TSE Regulation

   3. 80. Movement prohibitions and restrictions of TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation

   4. 81. Slaughter of TSE susceptible animals at slaughterhouses for the purposes of Chapter IV of the Community TSE Regulation

   5. 82. Slaughter of TSE susceptible animals at other premises for the purposes of Chapter IV of the Community TSE Regulation

   6. 83. Retention, seizure and disposal of carcases etc. of TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation

   7. 84. Compensation for slaughtered TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation

   8. 85. Prohibition of sale, supply and use of milk from affected or suspected animals

   9. 86. Cleansing and disinfection

7. Part VI Article 15(2) of and Chapter B of Annex VIII to the Community TSE Regulation

   1. 87. Notification of progeny of certain TSE suspect and confirmed animals

   2. 88. Measures to administer and enforce Article 15(2) of and Chapter B of Annex VIII to the Community TSE Regulation

   3. 89. Movement prohibitions and restrictions

   4. 90. Slaughter at slaughterhouses

   5. 91. Slaughter at other premises

   6. 92. Retention, seizure and disposal of carcases etc.

   7. 93. Compensation for slaughtered animals

   8. 94. Offspring slaughter

   9. 95. Cleansing and disinfection

8. Part VII Sampling and laboratory methods

   1. 96. Sampling and laboratory methods

9. Part VIII Community controls, offences, penalties and enforcement

   1. 97. Community controls: powers of inspectors

   2. 98. Obstruction

   3. 99. Offences

   4. 100. Offences due to fault of another person and defence of due diligence

   5. 101. Enforcement

10. Part IX Supplementary provisions

    1. 102. Service of notices and other documents

    2. 103. Amendments

    3. 104. Revocations and savings and transitional provisions

11. Signature

12. 1. SCHEDULE 1

       Compensation

       1. Part I Compensation for TSE susceptible animals slaughtered under regulation 6 or 7

          1. 1. The compensation payable for a TSE susceptible animal slaughtered under...

          2. 2. The market value of the animal shall be determined—

          3. 3. A valuer appointed for the purpose of paragraph 2 shall...

          4. 4. The valuer must give to the Secretary of State and...

          5. 5. Where an animal was certified by a veterinary surgeon before...

       2. Part II Compensation for carcases, parts of carcases or blood of TSE susceptible animals seized or disposed of under regulation 8

          1. 1. Subject to paragraph 5 below, the compensation for any carcase,...

          2. 2. The value of any carcase, part or blood seized or...

          3. 3. The owner of a carcase, part of a carcase or...

          4. 4. These costs or expenses may be deducted from the amount...

          5. 5. If the amount of these costs and expenses exceed the...

          6. 6. The owner shall pay to the serving authority the amount...

          7. 7. On the expiry of this period, the amount of the...

       3. Part III Compensation for TSE susceptible animals slaughtered under regulation 81 or 82

          1. Compensation for sheep and goat The compensation payable for a sheep or goat slaughtered under...

             1. 1. Compensation for sheep and goat

             2. 2. Where an examination at a veterinary laboratory of tissues taken...

             3. 3. Where an examination at a veterinary laboratory of tissues taken...

             4. 4. Compensation for bovine animals

             5. 5. The following definitions apply for the purposes of this Part...

             6. 6. The compensation payable for an affected animal shall be an...

             7. 7. Where a suspected animal is slaughtered and an examination at...

             8. 8. The market value of an affected or suspected bovine animal...

             9. 9. A valuer appointed or nominated under paragraph 8(b) or (c)...

             10. 10. The Secretary of State shall take such steps as he...

             11. 11. The compensation payable for an exposed animal shall be an...

             12. 12. For the purposes of paragraph 11(a) above the replacement value...

             13. 13. For the purposes of paragraph 11 above and Annex 2...

             14. 14. In ascertaining the percentage of a herd slaughtered for the...

             15. 15. The replacement value or market value, as the case may...

             16. 16. A valuer appointed or nominated under paragraph 15(b) or (c)...

             17. 17. Where an animal was certified by a veterinary surgeon before...

          2. Annex 1 to Part III of Schedule 1 CALCULATION OF INDICATIVE MARKET PRICE

             1. The indicative market price for each month shall be calculated...

          3. Annex 2 to Part III of Schedule 1 CALCULATION OF ENHANCEMENT OF COMPENSATION CALCULATION OF ENHANCEMENT OF COMPENSATION

             1. 1. (1) For bovine animals not in a closed herd, where...

             2. 2. For bovine animals in a closed herd, where the Secretary...

             3. 3. In this Schedule “closed herd” means a herd into which...

       4. Part IV Compensation for carcases, parts of carcases or blood of TSE susceptible animals seized or disposed of under regulation 83

          1. 1. Subject to paragraph 5 below, the compensation for any carcase,...

          2. 2. The value of any carcase, part or blood seized or...

          3. 3. The owner of a carcase, part of a carcase or...

          4. 4. These costs or expenses may be deducted from the amount...

          5. 5. If the amount of these costs and expenses exceed the...

          6. 6. The owner shall pay to the serving authority the amount...

          7. 7. On the expiry of this period, the amount of the...

       5. Part V Compensation for any TSE suspect or confirmed animal or a first generation progeny of any TSE suspect or confirmed animal slaughtered under regulation 90 or 91.

          1. The compensation payable for a TSE suspect or confirmed animal,...

          2. 2. The market value of the animal shall be determined—

          3. 3. A valuer appointed for the purpose of paragraph 2 shall...

          4. 4. The valuer must give to the Secretary of State and...

          5. 5. Where an animal was certified by a veterinary surgeon before...

       6. Part VI Compensation for seizure or disposal under regulation 92

          1. 1. Subject to paragraph 5 below, the compensation for any—

          2. 2. The value of any carcase, part, blood or semen, embryos...

          3. 3. The owner of a carcase, part, blood or semen, embryos...

          4. 4. These costs or expenses may be deducted from the amount...

          5. 5. If the amount of these costs and expenses exceed the...

          6. 6. The owner must pay to the serving authority the amount...

          7. 7. On the expiry of this period, the amount of the...

    2. SCHEDULE 2

       Conditions for the transport of fishmeal for feeding to farmed animals other than ruminants

       1. 1. Fishmeal for use in the manufacture of feed for farmed...

       2. 2. If a vehicle used for the transport of fishmeal for...

       3. 3. Intermediate storage of fishmeal is allowed only if it is...

       4. 4. Fishmeal imported from a third country for use in the...

       5. 5. If a vehicle used for the transport of fishmeal imported...

    3. SCHEDULE 3

       Conditions for the production of dicalcium phosphate for feeding to farmed animals other than ruminants

       1. 1. Dicalcium phosphate for feeding to farmed animals other than ruminants...

       2. 2. The dicalcium phosphate must be derived from bones derived from...

       3. 3. The dicalcium phosphate must be produced by a process which...

       4. 4. Dicalcium phosphate for use in manufacture of feed for farmed...

    4. SCHEDULE 4

       Conditions for the production of hydrolysed protein for feeding to farmed animals other than ruminants

       1. 1. Hydrolysed protein from hides and skins must—

       2. 2. Hydrolysed protein from fish, feather, hides and skins must be...

       3. 3. Hydrolysed protein for use in manufacture of feed for farmed...

    5. SCHEDULE 5

       Application of Part IV of the Regulations to scheme animals

    6. SCHEDULE 6

       Rendering requirements

       1. Part 1 Requirements for premises used for rendering specified risk material

          1. 1. The premises must be adequately separated from the public highway...

          2. 2. Unauthorised persons and animals must not be permitted to have...

          3. 3. The premises or part of the premises used to process...

          4. 4. The premises must have sufficient capacity of hot water and...

          5. 5. The equipment used to render specified risk material must include—...

          6. 6. To prevent recontamination of processed specified risk material by incoming...

          7. 7. The premises must have adequate facilities for cleaning and disinfecting...

          8. 8. Adequate facilities must be provided for disinfecting the wheels, immediately...

       2. Part II Methods of Rendering

          1. METHOD 1 NATURAL FAT BATCH

             1. 1. Reduction

             2. 2. Time and temperature

             3. 3. The rendering must be carried out in a batch system....

             4. 4. The animal by-products may be cooked such that the time-temperature...

          2. METHOD 2 NATURAL FATCONTINUOUS OR BATCH

             1. 1. Reduction

             2. 2. Time and temperature

             3. 3. The rendering may be carried out in batch or continuous...

             4. 4. The animal by-products may be cooked such that the time-temperature...

          3. METHOD 3 ADDED FATCONTINUOUS OR BATCH

             1. 1. Reduction

             2. 2. Time and temperature

             3. 3. The rendering may be carried out in batch or continuous...

             4. 4. The animal by-products may be cooked such that the time-temperature...

          4. METHOD 4 CONTINUOUS OR BATCH PRESSURE

             1. 1. Reduction

             2. 2. Time and temperature

             3. 3. The rendering may be carried out in batch or continuous...

          5. METHOD 5 DEFATTEDCONTINUOUS OR BATCH

             1. 1. Reduction

             2. 2. Time and temperature

             3. 3. The rendering may be carried out in batch or continuous...

             4. 4. The animal by-products may be cooked such that the time-temperature...

          6. METHOD 6 ADDED FAT CONTINUOUS ATMOSPHERIC

             1. 1. Equipment

             2. 2. Crushing

             3. 3. Cooking

             4. 4. Separation and storage of final products

             5. 5. Records

          7. METHOD 7 DEFATTED CONTINUOUS ATMOSPHERIC

             1. 1. Equipment

             2. 2. Crushing

             3. 3. Pre-heating

             4. 4. Pressing

             5. 5. Drying

             6. 6. Storage of final products

             7. 7. Records

    7. SCHEDULE 7

       Offspring Slaughter

       1. Interpretation (1) For the purposes of this Schedule— “barrener cattle” means...

          1. 1. Interpretation

          2. 2. Requirements relating to offspring animals

          3. 3. Notice of intended slaughter

          4. 4. Compensation for slaughtered offspring animals

          5. 6. Forms

       2. FORM OC1 Notice of requirements relating to an offspring animal

          1. To

          2. of

          3. Location of animal....................

          4. I, the undersigned, being an inspector of the.................... hereby give...

          5. The Bovine animal to which the completed and signed notice...

          6. Official Ear Mark Description of bovine animal including age, breed...

          7. Signed Dated

          8. Name in BLOCK LETTERS

          9. Office Address

       3. FORM OC1 REQUIREMENTS Notice of requirements as respects the animal specified overleaf.

          1. 1. Requirements:

          2. 2. In the event of the animal dying, otherwise than as...

          3. 3. In the event of the animal dying or being slaughtered...

          4. Breach of the requirements of this notice may constitute an...

       4. FORM OC2 Notice of intended slaughter of an offspring animal

          1. To

          2. of

          3. Location of animal....................

          4. I, the undersigned, being a veterinary inspector of the.................... hereby...

          5. Signed Dated

          6. Name in BLOCK LETTERS

          7. Office Address:

          8. The bovine animal to which the completed and signed notice...

          9. Official Ear Mark Description of bovine animal including age, breed...

          10. Premises at which the animal is to be slaughtered:

       5. FORM OC3 Withdrawal of notice relating to an offspring animal

          1. I, the undersigned, being a veterinary inspector of the...................., hereby...

          2. The bovine animal to which the completed and signed notice...

          3. Official Ear Tag Number/Offspring Slaughter Tag Number/Age/Breed/Sex:

          4. Signed Dated

          5. Name in BLOCK LETTERS

          6. Office Address

       6. FORM OC 4 Certificate that a casualty animal is not unfit for human consumption

          1. Name and address of owner or person in charge of...

          2. ....................

          3. ....................

          4. ....................

          5. Telephone number....................

          6. Animal details Eartag Sex Breed Age Other identifiers

          7. Reason for slaughter

          8. ....................

          9. ....................

          10. ....................

          11. ....................

          12. After carrying out ante-mortem inspection, making due enquiries, and, where...

          13. *Tests performed and results

          14. ....................

          15. ....................

          16. ....................

          17. Name of veterinary surgeon

          18. ....................

          19. Address

          20. ....................

          21. ....................

          22. ....................

          23. Time and date

          24. Signed

          25. 7. Table of compensation

       7. CALCULATION OF INDICATIVE MARKET PRICE

          1. 8. The indicative market price for each month shall be calculated...

    8. SCHEDULE 8

       AMENDMENTS

       1. Part I Amendments to the Specified Risk Material Order 1997

          1. 1. In the list of countries in article 3(3) the following...

          2. 2. In article 4(5) the words “Austria, Finland or” shall be...

          3. 3. In article 6(2A)(a) for the words “regulation 15A of the...

          4. 4. In Schedule 2, in the list of countries in the...

       2. Part II

          1. 1. In the list of countries in regulation 3(5) the following...

          2. 2. In regulation 4(7) the words “Austria, Finland or” shall be...

       3. Part III

          1. 1. In regulation 2 (Interpretation) (a) in paragraph (1)—

          2. 2. In regulation 3(2)— (a) sub-paragraph (c) shall be deleted;

          3. 3. In the following regulations for the words “a competent authority”...

          4. 4. In regulation 11 the word “to” shall be inserted at...

    9. SCHEDULE 9

       1. Part I Revocations

       2. Part II Savings of things done under the Bovine Spongiform Encephalopathy (No. 2) Order 1996

          1. 1. Any notice issued under the Bovine Spongiform Encephalopathy (No. 2)...

          2. 2. Any licence issued under the Bovine Spongiform Encephalopathy (No. 2)...

          3. 3. Any notice of intended slaughter of— (a) an affected or...

          4. 4. Any notice of confirmation of intention to slaughter in Form...

          5. 5. Any notice requiring any cleansing and disinfection issued under article...

          6. 6. Any licence issued under article 12(2)(b) of the Bovine Spongiform...

          7. 7. Any licence issued under article 13(2) or 14(5) of the...

          8. 8. Any notice issued under article 16(1) of the Bovine Spongiform...

          9. 9. Any notice issued under article 16(2) of the Bovine Spongiform...

       3. Part III Savings of things done under the Specified Risk Material Order 1997

          1. 1. Any licence issued under article 8(5) of the Specified Risk...

          2. 2. Any approval issued under article 10(1) of the Specified Risk...

          3. 3. Any approval issued under article 12(2) of the Specified Risk...

       4. Part IV Savings of things done under the Specified Risk Material Regulations 1997

          1. 1. Any approval issued by the National Assembly under regulation 6(1)...

          2. 2. Any authorisation by the Agency under regulation 6(2) of the...

          3. 3. Any authorisation by the Agency under regulation 15(7) of the...

          4. 4. Any designation by the Agency under regulation 15A(3) and (4)...

          5. 5. Any appointment by the Agency of a meat technician under...

          6. 6. Any appointment by the Agency of a meat technician under...

          7. 7. Any approval of the storage of specified risk material under...

       5. Part V Savings of things done under the Fertilisers (Mammalian Meat and Bone Meat) (Conditions of Manufacture) Regulations 1998

          1. 1. Any appointment of an authorised officer under regulation 9(1) of...

          2. 2. Any appointment of a person under section 67(3)(a) of the...

       6. Part VI Savings of things done under the Sheep and Goats Spongiform Encephalopathy Order 1998 and the Sheep and Goats Spongiform Encephalopathy Regulations 1998

          1. 1. Any notice issued under article 4 or 5 of the...

          2. 2. Any licence issued under the Sheep and Goats Spongiform Encephalopathy...

          3. 3. Any notice requiring any cleansing and disinfection issued under article...

          4. 4. Any notice of intended slaughter of an affected or suspected...

          5. 5. Any appointment of a veterinary inspector by the appropriate Minister...

       7. Part VII Savings of things done under the Bovine Spongiform Encephalopathy (Feeding stuffs and Surveillance) Regulations 1999

          1. Any appointment of an authorised officer by the appropriate Minister...

       8. Part VIII Savings of things done under the BSE Monitoring (Wales) Regulations 2001

          1. 1. Any appointment of an inspector by the Minister or a...

          2. 2. Any appointment of a veterinary inspector by the Minister for...

          3. 3. Any appointment of an agent by the National Assembly under...

       9. Part IX Savings of things done under the Processed Animal Protein (Wales) Regulations 2001

          1. 1. Any approval by the National Assembly under regulation 5 of...

          2. 2. Any approval by the National Assembly under regulation 6 of...

          3. 3. Any approval by the National Assembly under regulation 7 of...

          4. 4. Any authorisation of premises for the purposes of paragraph 6...

          5. 5. Any authorisation of premises for the purposes of paragraph 3...

          6. 6. Any authorisation of premises for the purposes of paragraph 2...

          7. 7. Any appointment of an inspector by the Minister or a...

          8. 8. Any appointment of a veterinary inspector by the Minister for...

13. Explanatory Note