Bovines and Bovine Products (Trade) (Amendment) Regulations (Northern Ireland) 2002

Amendments to the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999

3.—(1) The Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999(1) shall be amended in accordance with paragraphs (2) to (8).

(2) In regulation 2(1) –

(a) the definition of “bovine embryo” shall be deleted;

(b) the definition of “export dedicated establishment” shall be deleted; and

(c) after the definition of “establishment” there shall be inserted the following definition –

““export approved establishment” means an establishment approved as such under regulation 12;”.

(2) In paragraph (1)(a) of regulation 3 (Trade in live animals, bovine embryos, mammalian meat and bone meal and related products) the words “or bovine embryo” shall be deleted.

(3) After regulation 5 there shall be inserted the following regulation –

“Offers to despatch or export

5A.   A person shall not (by any means) offer to despatch, consign or export, or accept orders for the despatch, consignment or export of anything prohibited from being despatched, consigned or exported by these Regulations.”

(4) In regulation 10(3) (Approval of establishments for the slaughter of DBES eligible animals and ECHS animals) –

(a) for sub-paragraph (c) there shall be substituted the following paragraph –

• “that all parts of the premises, and equipment on the premises, used for the production, processing, treatment, handling, storage, loading or unloading of any bovine product not eligible for despatch abroad have been thoroughly cleansed and disinfected after such use;”; and

(b) in sub-paragraph (e)(i), for the words “export dedicated establishment” there shall be substituted the words “export approved establishment”.

(5) In regulation 12 (Approval of establishments for the preparation or despatch of foreign origin export eligible goods, DBES goods and ECHS goods and foreign origin bovine by-products) –

(a) in paragraph (2) for the words “export dedicated establishment”, wherever they appear, they shall be substituted with the words “export approved establishment”;

(b) paragraph (2)(b) shall be deleted;

(c) paragraph (3)(b) shall be deleted;

(d) paragraph (3)(c) shall be deleted;

(e) for paragraph (3)(d) there shall be substituted –

“(d) that all parts of the premises and equipment on the premises used for the production, processing, treatment, handling, storage, loading or unloading of any bovine product not eligible for despatch abroad have been thoroughly cleaned after the last such use;”;

(f) in paragraph (3)(e) the words “in respect of an export dedicated establishment” shall be deleted and after the words “Schedule 2” there shall be inserted “or 3, or both as appropriate”;

(g) paragraph (3)(f) shall be deleted.

(6) In regulation 13 (Requirements imposed on the operator of an establishment approved under regulation 12(2)) –

(a) in paragraph (2)(b) for the words “export dedicated establishment” there shall be substituted “export approved establishment” and after the words “Schedule 2” there shall be inserted “or 3, or both, as appropriate”;

(b) the “and” at the end of paragraph (2)(b) and paragraph (2)(c) shall be deleted; and

(c) in paragraph (4)(c) for the words “export dedicated establishment” there shall be substituted “export approved establishment”.

(7) In regulation 17 (Seizure of illegal goods) –

(a) for paragraph (6) there shall be substituted the following paragraph –

“(6) Where the justice of the peace is satisfied that there is no relevant risk in respect of the consignment if it is returned to the owner, he shall order –

(a) the consignment to be returned to the owner; and

(b) if it appears to the justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that a consignment is illegal, that any expenses reasonably incurred in connection with storage be defrayed by the owner of the consignment.”;

(b) after paragraph (6) there shall be inserted the following paragraph –

“(6A) Where a notice served under this regulation is withdrawn or the justice of the peace refuses to make an order under paragraphs (5) and (6), the body who appointed the inspector who served the notice shall compensate the owner of the consignment for any depreciation in its value resulting from the action taken by the inspector; but this paragraph shall not apply if the notice was served because the consignment was not accompanied by the correct documentation or certificate, and the consignment was detained until the correct documentation or certificate was provided.”.

(8) Schedules 1 to 3 shall be replaced by Schedules 1 to 3 of these Regulations.

(1)

S.R. 1999 No. 308, as amended by S.R. 2000 No. 78 and S.R. 2001 No. 210