The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Regulations 2001 (revoked)

Export of fresh meat S

4.—(1) No person shall [F1 dispatch] any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate [F2 coming from the restricted area or obtained from animals originating in that area].

(2) The prohibition in paragraph (1) shall not apply in relation to–

(a) fresh meat, minced meat or meat preparations obtained before 1st February 2001, provided that the meat, minced meat or meat preparations is clearly identified and since that date has been transported and stored separately from meat, minced meat or meat preparations which is not destined for dispatch F3 ...;

(b) fresh meat obtained from [F4 approved] cutting plants under the following conditions:–

[F5 (i) the only meat processed in the establishment on the day of processing destined for dispatch is–

(A) fresh meat described in sub-paragraph (a) above;

(B) fresh meat from animals reared and slaughtered outside the restricted area; or

(C) fresh meat obtained from animals reared and slaughtered within one or more of the areas listed in the Schedule to these Regulations (“the Schedule”);

(ia) cleansing and disinfection must be carried out after processing any meat not meeting the requirements specified in sub-sub-paragraph (i) above;]

(ii) all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin M1 ) or, in the case of meat from biungulates to which that Directive does not apply, the health mark provided for in Chapter III of Annex I to Council Directive 91/495/EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat M2 );

(iii) the plant is operated under strict veterinary control; and

(iv) the meat is clearly identified and transported and stored separately from meat which is not destined for [F6 dispatch];

(c) minced meat and meat productions obtained from establishments approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 M3 [F7 and approved under these Regulations] under the following conditions:–

[F8 (i) the only meat processed in the establishment on the day of processing destined for dispatch is–

(A) fresh meat described in sub-paragraph (a) above;

(B) fresh meat from animals reared and slaughtered outside the restricted area; or

(C) fresh meat obtained from animals reared and slaughtered within one or more of the areas listed in the Schedule to these Regulations (“the Schedule”);

(ia) cleansing and disinfection must be carried out after processing any meat not meeting the requirements specified in sub-sub-paragraph (i) above;]

(ii) all the minced meat and meat preparations must bear the health mark in accordance with Chapter VI of Annex 1 to Council Directive 94/65/EC M4 (laying down the requirements for the production and placing on the market of minced meat and meat preparations);

(iii) the plant is operated under strict veterinary control; and

(iv) the meat, minced meat and meat preparations are clearly identified and transported and stored separately from meat, minced meat and meat preparations which are not destined for [F9 dispatch][F10 ;

(d) fresh meat, minced meat or meat preparations obtained from porcine animals reared within one or more of the areas described in the Schedule and conforming to the following conditions–

(i) there has been no outbreak of foot-and-mouth disease within an area in the same group of areas as those listed in the Schedule during the period of 90 days prior to the date of dispatch;

(ii) during the period of 30 days prior to the date of transport to a slaughterhouse, the animals were subject to the supervision of the relevant competent authority on a single holding situated within one of the areas listed in the Schedule in the centre of a circle around the holding of at least 10 km radius where there has been no outbreak of foot-and-mouth disease during the said period of 30 days;

(iii) no animal of species susceptible to foot-and-mouth disease has been introduced into the holding referred to in sub-paragraph (d)(ii) above during the period of 30 days prior to the date of loading, except in the case of pigs coming from a supplying holding which meets the requirements laid down in that sub-paragraph, in which case the period concerned shall be 7 days;

(iv) the animals have been transported under licence in writing granted by the Scottish Ministers where the holding referred to in sub-paragraph (d)(ii) above is situated directly to an approved slaughterhouse situated in one of the areas listed in the Schedule;

(v) the means of transport must have been cleansed and disinfected before loading;

(vi) before it leaves the holding referred to in sub-paragraph (d)(ii) above, the means of transport must be sealed by a person authorized in writing by the Scottish Ministers, and the number of the seal recorded on the licence granted under sub-paragraph (d)(iv) above;

(vii) the person consigning the animals to the slaughterhouse must give at least 72 hours written notice to the official veterinary surgeon at the slaughterhouse that pigs (the meat of which is intended for dispatch under this paragraph) will be sent to that slaughterhouse;

(viii) the seal referred to in sub-paragraph (vi) above must be intact and correctly numbered on examination by an official veterinary surgeon when the means of transport arrives at the slaughterhouse;

(ix) the animals are slaughtered–

(A) within 24 hours of arrival at the slaughterhouse; and

(B) separately from animals, the meat from which, is not eligible for dispatch;

(x) during inspection by the official veterinary surgeon at the slaughterhouse, no evidence of clinical or post-mortem signs of foot-and-mouth disease emerges;

(xi) the meat derived from such animals remains in the slaughterhouse for at least 24 hours after slaughter;

(xii) all such fresh meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC;

(xiii) the slaughterhouse is operated under strict veterinary control;

(xiv) in a case where foot-and-mouth disease has been diagnosed in the slaughterhouse, any further preparation of meat for dispatch shall only be authorized–

(A) after the slaughter of all animals present;

(B) after removal of all meat and dead animals; and

(C) at least 24 hours after the completion of the effective cleansing and disinfection of the establishment under the control of a veterinary inspector;

(xv) the fresh meat must be clearly identified, and transported and stored separately from meat which is not eligible for dispatch;

(xvi) where the meat is subject to further processing in a plant approved under sub-paragraph (b) or (c) of this paragraph, such processing is in accordance with those paragraphs].

(3) Meat, minced meat or meat preparations consigned to another member State shall be accompanied by an official certificate prepared on behalf of the Scottish Ministers which bears the following words:–

“Meat conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.

(4) In paragraph (1), the reference to “fresh meat” includes minced meat and meat preparations to which Council Directive 94/65/EC applies.

Textual Amendments

F1 Word in reg. 4(1) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F2 Words in reg. 4(1) inserted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(6)(a)

F3 Words in reg. 4(2)(a) omitted (19.6.2001 at 8.00 p.m.) by virtue of The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(6)(b)

F4 Word in reg. 4(2)(b) inserted (24.10.2001 at 5.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 4) Regulations 2001 (S.S.I. 2001/394), regs. 1(1), 2(5)(a)

F5 Reg. 4(2)(b)(i)(ia) substituted for reg. 4(2)(b)(i) (24.10.2001 at 5.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 4) Regulations 2001 (S.S.I. 2001/394), regs. 1(1), 2(5)(b)

F6 Word in reg. 4(2)(b)(iv) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F7 Words in reg. 4(2)(c) inserted (24.10.2001 at 5.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 4) Regulations 2001 (S.S.I. 2001/394), regs. 1(1), 2(5)(c)

F8 Reg. 4(2)(c)(i)(ia) substituted for reg. 4(2)(c)(i) (24.10.2001 at 5.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 4) Regulations 2001 (S.S.I. 2001/394), regs. 1(1), 2(5)(b)

F9 Word in reg. 4(2)(c)(iv) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F10 Reg. 4(2)(d) inserted (24.10.2001 at 5.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 4) Regulations 2001 (S.S.I. 2001/394), regs. 1(1), 2(5)(d)

Marginal Citations

M1 O.J. No. 121, 27.9.1964, p.2012/64; Directive updated by Directive 91/497/EEC (O.J. No. L 268, 24.9.1991, p.69) as last amended by Directive 95/23/EC (O.J. No. L 243, 11.10.1995, p.7).

M2 O.J. No. L 268, 24.9.1991, p.41 as last amended by Council Directive 1994/65/EC (O.J. No. L 368, 31.12.1994, p.10).

M3 S.I. 1995/3205 amended in respect of Scotland by S.S.I. 1996/3124, and 2000/62, 171 and 288.

M4 O.J. No. L 368, 31.12.94, p.10.