(This note is not part of the Regulations)
These Regulations amend the Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2008 (S.R. 2008 No.508) which 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.
Schedule 2 (TSE monitoring) is amended to place a duty on those in possession of a body of a bovine animal required for TSE testing to identify an approved TSE sampling site that will carry out brain stem sampling. They must make an arrangement with the operator of the site to have the bovine animal body collected and detain it until it has been collected. Alternatively they may, by prior agreement with the operator of the site, take the bovine animal body to that site within agreed timeframes. The operator of the approved TSE sampling site with whom an arrangement has been made for collection of a body of a bovine animal required for TSE testing must ensure that it is collected and delivered to the site in accordance with the official document relating to the site and must take a sample of brainstem material from it. Failure to comply with these provisions is an offence.
Schedule 2 is also amended to create new offences of destroying a carcase to which these provisions apply before it has been sampled and of failing to comply with point 6(3) of Chapter A of Annex III of Regulation (EC) 999/2001. Provision is also made for the approval of TSE sampling sites by the Department.
Offences are punishable in accordance with regulation 18 of the Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2008 by—
(a)on summary conviction, a fine not exceeding the statutory maximum or imprisonment for a term of three months or both; or
(b)on conviction on indictment, a fine or imprisonment for a term not exceeding two years or both.