The TSE (Scotland) Regulations 2002

Part I Introductory provisions

1 Citation, commencement and extent

2 Purpose and application

3 Interpretation

Part II TSE Monitoring

4 TSE monitoring

5 Movement prohibitions and restrictions of TSE susceptible animals

6 Slaughter of TSE susceptible animals at slaughterhouses

7 Slaughter of TSE susceptible animals at other premises

8 Retention and seizure of carcases etc. of TSE susceptible animals

9 Compensation for slaughtered TSE susceptible animals

10 Notifications

10ASlaughter of bovine animals over 30 months of age

PART IIAPlacing on the market and export

10BConsignment of over age bovine animals for human consumption

10CDisposal of over age bovine animals consigned for human consumption

10DSlaughter of over age animals

10ERestrictions on dispatch to other member States or third countries

Part III Animal feeding

Mammalian protein and mammalian meat and bone meal

11 Mammalian protein

12 Mammalian meat and bone meal for use in feedingstuffs for livestock

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

Processed animal protein

14 Feeding of processed animal protein to farmed animals

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

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

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

18 Transport and storage of processed animal protein

Approvals of premises

19 Applications for approval and approvals of premises

20 Suspension and withdrawal of approvals

22 Manufacture of feedingstuffs containing processed animal protein

23 Production of feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants

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

25Use and storage of feedingstuffs containing dicalcium phosphate or hydrolysed protein

25AUse and storage of feedingstuffs containing fishmeal

25BSamples sent to laboratories and reporting requirements

Administration and enforcement

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

27 Cleansing and disinfection

28 Powers of inspectors

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

Part IV Specified Risk Material

Introductory provisions

30 Interpretation of expressions used in this Part

31 Presumptions that food intended for human consumption

Carcases and specified risk material

32 Removal of specified risk material

33 Removal of specified risk material from carcases in slaughterhouses

34 Removal of specified risk material from carcases elsewhere

34AMixing specified risk material with other animal material

35 Removal of spinal cord of sheep and goats

36 Removal of vertebral column of bovine animals

37 Inspection of carcases in slaughterhouses and cutting premises

38 Prohibition on placing on the market of non-compliant carcases for human consumption

39 Staining of specified risk material

40 Consignment of specified risk material after removal from carcases

41Young lamb stamp and young goat stamp

42 Presence of an inspector

43 Transport of unmarked carcases of sheep and goats

44 Possession of unmarked carcases of sheep and goats

45 Laceration of central nervous tissue

Prohibitions on placing on market and use of specified risk material

46 Prohibition on placing on market and use of specified risk material for human consumption

47 Prohibition on feeding specified risk material to animals

48 Specified risk material for use in cosmetic, pharmaceutical and medical products

49Mechanically separated meat

49ATongue Harvesting

49BHead Meat Harvesting

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

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

51 Storage of specified risk material

52 Transport of specified risk material

53 Procedure for bringing in specified risk material from England, Wales or Northern Ireland

54 Procedure for bringing in carcases containing specified risk material from England, Wales or Northern Ireland

55 Licensing of premises

55AButcher Shops

56 Licensing of premises for the use of specified risk material in production or research

57 Applications for licences

58 Requirements of use of licensed premises

59 Suspension of licences

60 Revocation of licences

61 Appeals against/review in relation to suspension and revocation of licences

61ARegulations 57, 59 and 60: application to authorisation and registration of butcher shops

Collection centres and incinerators

62 Collection centres

63 Incinerators

Rendering plants

64 Delivery of specified risk material to rendering plants

65 Storage etc. of specified risk material at rendering plants

66 Rendering of specified risk material

67 Rendered material

Administration and enforcement

69 Cleansing and disinfection

70 Powers of inspectors

71 Recall, seizure and destruction of feedingstuffs

73 Compliance with notices

74 Slaughterhouse staff training

75 Compliance in relation to employees

76 Inspection and seizure of suspected food

Part V Control and eradication of TSEs

77 Notification of animals suspected of being affected by a TSE

78 Measures for the purposes of Chapter IV of the Community TSE Regulation

79 Movement prohibitions and restrictions of any TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation

80 Slaughter of TSE susceptible animals at slaughterhouses for the purposes of Chapter IV of the Community TSE Regulation

81 Slaughter of TSE susceptible animals at other premises for the purposes of Chapter IV of the Community TSE Regulation

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

83 Compensation for slaughtered TSE susceptible animals

84 Prohibition of sale, supply and use of milk from affected or suspected animals

84AEnforcement of Annex VII to the Community TSE Regulation

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

85 Notification of progeny etc. of TSE suspect and confirmed animals

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

87 Movement prohibitions and restrictions: Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation

88 Slaughter at slaughterhouses: Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation

89 Slaughter at other premises: Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation

90 Retention and seizure of carcases etc.: Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation

91 Compensation for slaughtered animals

92 Offspring slaughter

93 Cleansing and disinfection

Part VII Sampling and laboratory methods

94 Sampling and laboratory methods

Part VIII Community controls, offences, penalties and enforcement

95 Community controls: powers of inspectors

97 Offences and penalties

98 Offences due to fault of another person and defence of due diligence

Part IX Supplementary provisions

100 Service of notices and other documents

102 Revocations and savings and transitional provisions

SCHEDULE 1 Compensation

Part I Compensation for TSE susceptible animals slaughtered under regulations 6 or 7

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

2The market value of the animal shall be determined–

3An arbiter appointed or nominated under paragraph 2(b) or (c)...

4Where an animal was certified by a veterinary surgeon before...

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

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

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

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

4These expenses shall be deducted from the amount of any...

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

6The owner shall pay to the Scottish Ministers the amount...

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

Part III Compensation for TSE susceptible animals slaughtered under regulations 80 and 81

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

2Where an examination at a veterinary laboratory nominated for this...

3Where an examination at a veterinary laboratory nominated for this...

Compensation for bovine animals

4The compensation payable for a bovine animal slaughtered under regulations...

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

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

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

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

9An arbiter appointed or nominated under paragraph 8(b) or (c)...

10The Scottish Ministers shall take such steps as they consider...

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

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

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

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

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

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

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

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

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

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

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

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

Part IV Compensation for carcases, parts of carcases or blood of TSE susceptible animals seized or disposed of under regulation 82

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

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

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

4These expenses shall be deducted from the amount of any...

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

6The owner shall pay to the Scottish Ministers the amount...

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

Part V Compensation for any TSE suspect or confirmed animal or a first generation progeny of any such animal slaughtered under regulations 88 and 89

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

2The market value of the animal shall be determined–

3The arbiter appointed or nominated under paragraph 2(b) or (c)...

4Where an animal was certified by a veterinary surgeon before...

Part VI Compensation for seizure or disposal under regulation 90

1Subject to paragraph 5 below, the compensation for any–

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

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

4These expenses shall be deducted from the amount of any...

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

6The owner shall pay to the Scottish Ministers the amount...

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

SCHEDULE 1AREQUIREMENTS TO BE COVERED BY AGREEMENTS RELATING TO THE SLAUGHTER OF BOVINE ANIMALS OVER 30 MONTHS OF AGE

1Animal identification and separation

2There must be a reliable system for ensuring that no...

3Bovine animals which are over 30 months of age but...

4Bovine animals which are over 30 months of age but...

5Brain stem sampling

6Correlation of sample to carcase and all other body parts

7Retention of carcases and all other body parts

8Where there is a system in place at the slaughterhouse...

9There must be a reliable system (including the provision of...

10Hides not retained at the slaughterhouse must be retained at...

11Delivery of sample to testing laboratory

12Receipt of rapid test results by the slaughterhouse

13Action following a positive or ‘no test’ result

14Where there is a system in place at the slaughterhouse...

15Unless there is a system in place at the slaughterhouse...

16Where there is a system in place at the slaughterhouse...

17Removal of vertebral column in cutting premises licensed under regulation 56(1)

18Testing of the effectiveness of the controls put in place

SCHEDULE 2 Conditions for the transport of fishmeal for feeding to farmed animals other than ruminants

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

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

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

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

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

SCHEDULE 3 Conditions for the production of dicalcium phosphate for feeding to farmed animals other than ruminants

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

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

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

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

SCHEDULE 4 Conditions for the production of hydrolysed protein for feeding to farmed animals other than ruminants

1Hydrolysed protein from hides and skins shall–

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

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

SCHEDULE 5Application of part IV of the Regulations to scheme animals

SCHEDULE 6 Rendering requirements

PART I Requirements for premises used for rendering specified risk material

1. . . . . . . . . ....

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

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

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

5. . . . . . . . . ....

6. . . . . . . . . ....

7. . . . . . . . . ....

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

PART II Methods of Rendering

METHOD 1 NATURAL FAT BATCH

2 Time and temperature

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

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

METHOD 2 NATURAL FAT

2 Time and temperature

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

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

METHOD 3 ADDED FAT

2 Time and temperature

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

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

METHOD 4 CONTINUOUS OR BATCH PRESSURE

2 Time and temperature

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

METHOD 5 DEFATTED

2 Time and temperature

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

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

METHOD 6 ADDED FAT CONTINUOUS ATMOSPHERIC

4 Separation and storage of final products

METHOD 7 DEFATTED CONTINUOUS ATMOSPHERIC

6 Storage of final products

SCHEDULE 6AEnforcement of Annex VII to the Community TSE Regulation

PART ICONFIRMATION OF DISEASE

1Competent authority for Annex VII of the Community TSE Regulation

2Confirmation of TSE in sheep

3Confirmation of TSE in goats

4Infected animals from another holding

5Common grazing

5AMultiple flocks on a holding

6Confirmation of BSE in sheep or goats

7Time for review

8Subsequent occupiers

PART IIMOVEMENT OF ANIMALS ON CONFIRMATION OF TSE

9Scope of measures in this Part

10Introduction of animals on to a holding

11Use of ovine germinal products

12Movement of animals from a holding

13Time of movement restrictions

PART IIAMOVEMENT RESTRICTIONS ON SUSPICION OF TSE

13AMovement restrictions on suspicion of TSE

PART IVCOMPENSATION

Note on the rates

The rate in Column B is payable in all other...

SCHEDULE 7 Offspring Slaughter

1 Interpretation

2 Requirements relating to offspring animals

3 Notice of intended slaughter

4 Compensation for slaughtered offspring animals

6 Table of compensation

7 Calculation of indicative market price

SCHEDULE 8 CONSEQUENTIAL AMENDMENTS

Part I Amendment to the Welfare of Animals (Slaughter or Killing) Regulations 1995

Part II Amendments to the Specified Risk Material Order 1997

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

2In article 4(5) (specified bovine material) , “Austria, Finland or”...

3In article 6(2A)(a) (import of class I specified risk material)...

4In the list of countries in the declaration on the...

Part III Amendment to the Cattle Identification Regulations 1998

. . . . . . . . . ....

. . . . . . . . . ....

. . . . . . . . . ....

Part V Amendment to the Feeding Stuffs (Scotland) Order 2000

Part VI Amendment to the Cattle (Identification of Older Animals) (Scotland) Regulations 2001

Part VII Amendment to the Rendering (Fluid Treatment) (Scotland) Order 2001

SCHEDULE 9 REVOCATIONS AND SAVINGS

Part I Revocations

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

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

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

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

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

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

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

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

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

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

10Any requirement to keep a record in relation to consignments...

11The compensation payable in respect of any bovine animal slaughtered...

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

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

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

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

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

1Any approval by the Scottish Ministers under regulation 6(1) of...

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

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

4Any designation by the Agency under regulation 15A(4) and (5)...

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

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

7Any written directions for the disposal of specified risk material...

8Any approval of the storage of specified risk material under...

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

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

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

Part VI Savings of things done under the Sheep and Goats Spongiform Encephalopathy Order 1998 , the Sheep and Goats Spongiform Encephalopathy Regulations 1998 and the Sheep and Goats Spongiform Encephalopathy (Compensation) Order 1998

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

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

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

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

5Any appointment of a veterinary inspector for the purposes of...

6The compensation payable in respect of any sheep or goat...

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

Part VIII Savings of things done under the BSE Monitoring (Scotland) Regulations 2001

1Any appointment of an inspector for the purposes of the...

2Any appointment of a veterinary inspector for the purposes of...

3Any appointment of an agent under regulation 3 of the...

Part IX Savings of things done under the Processed Animal Protein (Scotland) Regulations 2001

1Any approval by the Scottish Ministers under regulation 5 of...

2Any approval by the Scottish Ministers under regulation 6 of...

3Any approval by the Scottish Ministers under regulation 7 of...

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

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

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

7Any appointment of an inspector for the purposes of the...

8Any appointment of a veterinary inspector for the purposes of...

2002 No. 255

ANIMAL HEALTH

The TSE (Scotland) Regulations 2002 (revoked)

Made27th May 2002

Laid before the Scottish Parliament28th May 2002

Coming into force19th June 2002

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1

Regulations revoked (24.11.2006) by The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (S.S.I. 2006/530), reg. 1(1), sch. 10