(This note is not part of the Regulations)

These Regulations revoke and remake with amendments the TSE Regulations (Northern Ireland) 2002 and enforce Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (O.J. No. L 147, 31.5.2001, p 1) as amended by and as read with the provisions in Schedule 1 (“the Community TSE Regulation”).

The Regulations provide that the Department is the competent authority for the purposes of the Community TSE Regulation (except in Schedule 6, where the competent authority is the Food Standards Agency) (regulation 3) and provide an exception for research (regulation 4).

Regulations 6 to 10 deal with approvals, authorisations, licences and registrations, licensing of premises, suspension, amendment and revocations of approvals, etc., and an appeals procedure. Regulation 11 deals with valuations.

Regulations 12 to 14 give powers to the Department to appoint inspectors, and deal with powers of entry and powers of inspectors. Regulation 15 provides for issue of notices and regulation 16 provides for licences permitting movement when a movement restriction is in place.

Regulations 17 and 18 deal with obstruction of an inspector and penalties. A person guilty of an offence under these Regulations is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term of three months or both, or

b

on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.

Regulation 19 details who is responsible for enforcing these Regulations.

Schedule 1 lists amendments to Regulation (EC) No. 999/2001 and with which it must be read.

Schedule 2 Part I deals with monitoring for TSEs. Paragraph 1 provides for notification to the Department of fallen stock that must be tested for TSE under the Community TSE Regulation. Paragraph 2 makes it an offence to consign an over-age animal to a slaughterhouse for human consumption or to slaughter such an animal for human consumption. Paragraph 3 provides for brain stem sampling of specified bovine animals. Paragraph 4 creates a requirement for the occupier of a slaughterhouse slaughtering animals over 30 months of age for human consumption to have a Required Method of Operation. Paragraph 5 provides for retention of products and their disposal and paragraph 6 deals with compensation.

Schedule 2 Part II specifies the minimum requirements that must appear in a Required Method of Operation.

Schedule 3 deals with control and eradication of TSEs in bovine animals. Paragraph 1 provides for notification of a suspect animal to the Department. Paragraphs 2 and 3 provide for the restriction and slaughter of the suspect animal. Paragraph 4 deals with identification of the offspring and cohorts of the suspect animal and Paragraph 5 provides for action following confirmation of BSE. Paragraph 6 deals with action where BSE is not confirmed. Paragraph 7 deals with death of an animal while under restriction. Paragraph 8 deals with placing on the market of bovine progeny. Paragraphs 9 to 16 deal with compensation.

Schedule 4 deals with control and eradication of TSEs in sheep and goats. Paragraph 1 provides for notification of a suspect animal to the Department. Paragraphs 2 and 3 provide for the restriction and slaughter of the suspect. Paragraphs 4 and 5 deal with movement restrictions. Paragraphs 6 to 8 provide for action following confirmation. Paragraph 9 provides for time for appeals, and paragraph 10 provides for killing and destruction. Paragraphs 11 to 13 deal with infected animals from other premises, common grazing and multiple flocks on any premises. Paragraph 14 deals with subsequent occupiers of the land. Paragraph 15 restricts the introduction of animals onto any premises. Paragraph 16 regulates the use of ovine germinal products and paragraph 17 restricts the movement of animals from any premises. Paragraph 18 specifies when the time relating to restrictions begins. Paragraph 19 provides for notification of animals that die while under restriction. Paragraph 20 deals with placing on the market of progeny and paragraph 21 requires notification to the Department before the owner may consign sheep aged over 18 months for slaughter. Paragraph 22 deals with derogations from the requirement for the killing and destruction of sheep and goats. Paragraphs 23 to 25 deal with compensation.

Schedule 5 Part I deals with restrictions on feeding proteins to animals. Paragraphs 1 to 3 prohibit feeding specified feedingstuffs to ruminant and non-ruminant animals and provide for exceptions. Paragraphs 4 and 5 provide for movement restrictions and slaughter of animals suspected of having been fed prohibited feedingstuffs and paragraph 6 provides for compensation. Paragraph 7 prohibits the slaughter or sale for human consumption of restricted animals.

Schedule 5 Part II deals with the production of proteins and feedingstuffs. Paragraphs 1 and 2 regulate the production and use of fishmeal for feeding to non-ruminant animals. Paragraphs 3 and 4 regulate feedingstuffs containing dicalcium phosphate or tricalcium phosphate. Paragraphs 5 and 6 regulate feedingstuffs containing blood products and blood meal. Paragraph 7 makes provision for changes in use of equipment. Paragraphs 8 and 9 control the manufacture, storage and transport of processed animal protein and products containing it. Paragraph 10 controls exports and paragraph 11 regulates fertilisers derived from animal protein. Paragraph 12 deals with records and paragraph 13 deals with cross-contamination of materials originating from premises where processed animal proteins are in use.

Schedule 6 deals with specified risk material, mechanically recovered meat and slaughtering techniques. Paragraph 1 appoints the Food Standards Agency as the competent authority for this Schedule. Paragraph 2 imposes certain obligations on district councils with regard to butcher shops. Paragraph 3 makes provision for training of slaughterhouse, cutting plant and butcher shop staff. Paragraph 4 deals with mechanically recovered meat, paragraph 5 with pithing, paragraph 6 with tongue harvesting and paragraph 7 with head meat harvesting. Paragraph 8 controls the removal of specified risk material and paragraphs 9 and 10 deal with bovine animals and sheep and goats at a slaughterhouse. Paragraph 11 deals with young lamb and goat stamps. Paragraph 12 deals with the removal of spinal cord from sheep and goats. Paragraph 13 provides for the authorisation of cutting plants and paragraph 14 the authorisation and registration of butcher shops by district councils. Paragraph 15 controls the removal of specified risk material at a cutting plant. Paragraphs 16 and 17 deal with the removal of bovine vertebral column which is specified risk material at a cutting plant which is not authorised and a butcher shop which is authorised and registered. Paragraph 18 deals with meat from Great Britain and member States. Paragraphs 19 and 20 require the staining of specified risk material and paragraph 21 provides for the security of specified risk material. Paragraph 22 prohibits the supply of specified risk material for human consumption.

Schedule 7 deals with restrictions on dispatch to member States and third countries. Paragraph 1 makes it an offence to dispatch bovine animals, meat or meat products or vertebral column to member States or to third countries. Paragraph 2 prohibits the export of specified risk material. Schedule 8 specifies the provisions revoked by these Regulations.