The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 6) Regulations 2007

PART 2 Import and export: animals, meat and meat products

Import of animals

5.  No person shall import any live animal of a bovine, ovine, caprine, porcine or other biungulate species into Scotland from another member State.

Dispatch, transit and export of animals

6.—(1) No person shall dispatch any live animal of a bovine, ovine, caprine, porcine or other biungulate species.

(2) By way of derogation from paragraph (1), a person may export an animal originating outside the restricted area if the–

(a) animal has made a direct and uninterrupted transit through that area travelling only on main roads or railway lines; and

(b) conditions in paragraphs (3) and (4) are met for an export is to another member State.

(3) No person shall export the animal unless at least three days before export the Scottish Ministers have notified the central and local veterinary authorities of the member State of the intended export.

(4) The animal must be accompanied by a health certificate which bears in the case of–

(a) a bovine, porcine, ovine and caprine animal, the words–

• “Animals conforming to Commission Decision 2007/554/EC of 9th August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”; and

(b) any other animal, the words–

“Live biungulates conforming to Commission Decision 2007/554/EC of 9th August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.

Export of meat: general

7.—(1) No person shall export meat from an animal of bovine, ovine, caprine, porcine or other biungulate species coming from the restricted area, or obtained from animals originating in that area.

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

(a) meat obtained before 15th July 2007;

(b) meat derived from animals reared for at least 90 days prior to slaughter and slaughtered, or in the case of wild game killed, outside the restricted area;

(c) meat derived from wild game that–

(i) was killed in an area specified in Schedule 1–

(aa) where there has been no outbreak of foot-and-mouth disease for at least a period of 90 days before killing; and

(bb) at least 20 km from any part of the restricted area not specified in Schedule 2; and

(ii) complies with paragraphs (2) and (3) (c) of regulation 8;

(d) meat from a domestic bovine, ovine, caprine or porcine animal, or from farmed game, that complies with regulation 8, and is derived from–

(i) a bovine, ovine, caprine or porcine animal that was–

(aa) kept on a holding in an area specified in Schedule 2 where there has been no outbreak of foot-and-mouth disease for at least the 90 days prior to slaughter;

(bb) kept on a holding complying with regulation 9 during the 21 days prior to transport to an approved slaughterhouse;

(cc) was transported to the slaughterhouse under the control of the Scottish Ministers in a means of transport that was cleaned and disinfected before loading at the holding;

(dd) was slaughtered less that 24 hours after arrival at the slaughterhouse; and

(ee) was slaughtered separately from any animal from which meat is not eligible for export; or

(ii) farmed game that was–

(aa) kept on a holding in an area specified in Schedule 3 where there has been no outbreak of foot-and-mouth disease for at least the 90 days prior to slaughter; and

(bb) kept on a holding complying with regulation 9 during the 21 days prior to slaughter; and

(cc) transported after slaughter at an approved holding to an approved slaughterhouse or cutting plant in a means of transport that was cleaned and disinfected before loading at the holding; and

(e) fresh meat obtained from an approved cutting plant situated in the restricted area if–

(i) only fresh meat described in sub-paragraphs (a) to (d) is processed in the cutting plant in any one day;

(ii) cleansing and disinfection has been carried out after processing any meat not described in sub-paragraphs (a) to (d);

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

(iv) the fresh meat is clearly identified, and has been transported and stored separately from meat from the restricted area that is not eligible for export.

(3) Any person slaughtering, or consigning to slaughter, an animal to produce meat for export must in respect of–

(a) a bovine, ovine, caprine or porcine animal, make a written declaration to the Scottish Ministers that the conditions of sub-paragraphs (2)(d)(i) have been met, and ensure that the declaration accompanies the animal during the movement to the slaughterhouse; or

(b) farmed game, make a written declaration to the Scottish Ministers that the conditions of sub-paragraphs (2)(d)(ii) have been met.

(4) Meat intended for export to another member State must bear a health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(1).

(5) Meat intended for export to another member State must be accompanied by an official certificate produced by an official veterinarian which bears the following words–

• “Meat conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.

Export of meat: slaughter, handling and inspection

8.—(1) Meat from a domestic animal to comply with this paragraph have been–

(a) obtained in an approved slaughterhouse situated in an area other than Surrey; and

(b) transported to that slaughterhouse without contact during transport with any holding in an area not specified in Schedule 2.

(2) Meat must to comply with this paragraph be at all times clearly identified, handled, stored and transported separately from meat not eligible for export.

(3) Meat must in order to comply with this paragraph be derived from an animal subject to a post-mortem by an official veterinarian–

(a) in the slaughterhouse;

(b) in the case of on-farm slaughtering of farmed game, on the holding; or

(c) in the case of wild game, at the game-handling establishment,

with no clinical signs or evidence of foot-and-mouth disease identified.

(4) Meat must to comply with this paragraph remain in the slaughterhouse or (in the case of farmed game) at the holding for at least 24 hours after the post-mortem inspection described in paragraph (3).

Export of meat: conditions applying to holdings

9.  A holding complying with this regulation must–

(a) be situated in the centre of a circle of at least 10 km radius in which there was no outbreak of foot-and mouth disease during at least 30 days prior to the date of loading for transport to slaughter; and

(b) have had no foot-and-mouth disease susceptible animal of a species susceptible introduced to the holding (“the first holding”) during the 21 days prior to the date of loading for transport to slaughter (except in the case of a pig, in which case the period of 21 days may be reduced to 7 days), unless–

(i) such animal–

(aa) complies with the condition in sub-paragraph (aa) of regulation 7(3)(d)(i) (if a cow, pig, sheep or goat), or of regulation 7(3) (d)(ii) (if farmed game); and

(bb) was under the supervision of the Scottish Ministers on a single holding complying with sub-paragraph (a) during the 21 days prior to transport to the first holding (except in the case of a pig, in which case the period of 21 days may be reduced to 7 days);

(ii) such animal was subjected with negative results to a test for antibodies against the foot-and-mouth disease virus carried out on a blood sample taken within 10 days prior to the date of transport to the holding; or

(iii) such animal comes from a holding that was subjected with negative results to a serological survey pursuant to a sampling protocol suitable to detect 5% prevalence of foot-and-mouth disease with at least a 95% level of confidence.

Marking of meat not eligible for export

10.—(1) Meat not eligible for export to another member State must be marked in accordance with the second subparagraph of Article 4(1) of Directive 2002/99/EC, or in accordance with Decision 2001/304.

(2) Fresh meat obtained from animals reared outside the restricted area and transported directly and under official control in sealed means of transport to an approved slaughterhouse situated in the restricted area, may be placed on the market in Scotland if–

(a) the meat is marked in accordance with the second subparagraph of Article 4(1) of Directive 2002/99 or in accordance with Decision 2001/304;

(b) the slaughterhouse is operated under strict veterinary control; and

(c) the meat is clearly identified, and has been transported and stored separately from meat from the restricted area that is eligible for export.

Export of meat products

11.—(1) No person shall export meat products of an animal of a bovine, ovine, caprine, porcine or other biungulate species coming from the restricted area, or prepared using meat obtained from such an animal originating in that area.

(2) The prohibition in paragraph (1) does not apply to meat products that have been transported and stored since the date of production separately from other meat products not eligible for export, provided that the first mentioned meat products–

(a) are clearly identified;

(b) bear the health mark in accordance with Chapter III of Annex I to Regulation 854/2004; and

(c) are–

(i) made from meat described in regulation 7(2); or

(ii) products that have undergone at least one of the relevant treatments laid down for foot-and-mouth disease in Part 1 of Annex III to Directive 2002/99.

(3) Meat products exported to another member State must be accompanied by a certificate from an official veterinarian which bears the words–

• “Meat products (including treated stomachs, bladders and intestines) conforming to Commission Decision 2007/554/EC of 9th August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.

(4) Paragraph (3) does not apply to meat products which–

(a) comply with paragraph (2);

(b) have been processed in an establishment operating HACCP and an auditable standard operating procedure that ensures that standards for treatment are met and recorded; and

(c) are on export accompanied by a commercial document endorsed in accordance with regulation 4 which states that the product has been treated in accordance with sub paragraph (2)(c)(ii).

(5) Paragraph (3) does not apply to meat products treated in accordance with paragraph (2)(c)(ii) and stored in hermetically sealed containers in such manner as to ensure that they are shelf stable, if the treatment applied is stated in the commercial document accompanying the dispatch of such products.

(6) In this regulation, references to meat products includes treated stomachs, bladders and intestines.

Cleansing and disinfection

12.—(1) Any person in charge of a vehicle used to transport any live animal of a bovine, ovine, caprine, porcine or other biungulate species shall cleanse and disinfect that vehicle after the transport of the animal is completed.

(2) That person shall ensure that a record is kept of the date and place of the cleansing and disinfection, in accordance with Article 12(2)(d) of Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine(2).

Occupiers of slaughterhouses and other premises

13.—(1) If foot-and mouth disease is identified in a slaughterhouse, approved holding on which farmed game are slaughtered, or a game-handling establishment, which handles meat controlled under these Regulations, the occupier must ensure that–

(a) all animals present are slaughtered;

(b) all meat and dead animals are removed;

(c) the establishment is cleansed and disinfected under the supervision of the Scottish Ministers; and

(d) no meat is prepared for consigning outside the areas listed in Schedule 2 for 24 hours following the completion of the cleansing and disinfection required by sub-paragraph (c).

(2) If an animal that does not fulfil the requirements of regulation 7(2)(d) or of regulation (8)(1)(b) is slaughtered in any of the establishments referred to in subparagraph (1), the occupier must ensure that–

(a) all animals present are slaughtered; and

(b) the establishment is cleansed and disinfected under the supervision of the Scottish Ministers; and

(c) no meat is prepared for consigning outside the areas listed in Schedule 2 until the completion of the cleansing and disinfection required by sub-paragraph (b).

(1)

O.J. No. L 139, 30.4.2004, p.206 as last amended by Regulation (EC) No. 1791/2006 (O.J. No. L 363, 20.12.2006, p.1).

(2)

O.J. L 121, 29.7.1964, p.1977, the most recent amendment being Council Directive 2006/104/EC.