The Specified Bovine Material (No. 3) Order 1996

Title and commencement

1.  This Order may be cited as the Specified Bovine Material (No. 3) Order 1996 and shall come into force on 26th July 1996.

Interpretation

2.—(1) In this Order, unless the context otherwise requires—

“approved” means approved by the appropriate Minister;

“enforcement authority” means the appropriate body specified in article 26 below;

“feeding stuff” has the meaning given to it by section 66(1) of the Agriculture Act 1970(1);

“food” has the same meaning as in the Food Safety Act 1990(2);

“intestines” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum;

“scheme animal” means a bovine animal which has been slaughtered pursuant to the purchase scheme introduced under Commission Regulation (EC) No. 716/96(3) adopting exceptional support measures for the beef market in the United Kingdom;

“sell” includes have in possession for sale or offer or expose for sale;

“slaughterhouse” means any building, premises or place licensed for slaughtering animals the flesh of which is intended for sale for human consumption;

“specified bovine material” means—

(a)

subject to (d) below, the head (including the brain but excluding the tongue), spinal cord, spleen, thymus, tonsils and intestines of a bovine animal six months old or over which has died in the United Kingdom or has been slaughtered there;

(b)

the thymus and intestines of a bovine animal two months old or over but less than six months old which has died in the United Kingdom or has been slaughtered there;

(c)

the thymus and intestines of a bovine animal under two months old which has been slaughtered in the United Kingdom for human consumption;

(d)

subject to paragraph (4) below, the head (including the brain and the tongue), spinal cord, spleen, thymus, tonsils and intestines of a scheme animal; and

(e)

specified solid waste,

and includes anything left attached to such material after dissection of the carcase and any animal matter which comes into contact with the material after it has been removed from the carcase, but does not include a whole carcase;

“specified solid waste” means any solid matter resulting from the slaughter of bovine animals, or from the subsequent processing of their carcases, which is collected in any part of the drainage system draining any place where specified bovine material is handled;

“tallow” means fat derived from animal tissues by a process of cooking;

“vertebral column” means the whole or any part thereof and includes the sacrum but does not include the coccygeal vertebrae.

(2) For the purposes of this Order the supply of specified bovine material, food or feeding stuffs otherwise than by sale at, in or from any place where food or feeding stuffs are supplied in the course of a business, shall be deemed to be a sale.

(3) In this Order the expression “mechanical means” does not include the use of hand held powered knives which do not use powered pressure or suction.

(4) The provisions of this Order shall apply to specified bovine material from scheme animals, save that the provisions appearing in Column 1 of the Table in Schedule 2 to this Order shall apply only to the extent, and subject to the modifications, specified in Column 2.

(5) For the purposes of this Order, material shall be treated as a feeding stuff whether it is used or intended for use as a feeding stuff by itself or as an ingredient or additive in something which is so used or intended for such use.

Approvals

3.—(1) The appropriate Minister may, on application, approve any premises for the purpose of this Order if he is satisfied that such premises are properly equipped to carry out the functions to which the approval relates and comply with the requirements of this Order.

(2) Any approval granted under this Order shall be in writing and may be made subject to conditions and be amended, suspended or revoked at any time by notice in writing served on the person to whom the approval was granted if the appropriate Minister is satisfied that the conditions of this Order, or any additional conditions in the approval, are not being complied with.

Specified bovine material for human consumption

4.—(1) No person shall sell any specified bovine material, or any food containing specified bovine material, for human consumption.

(2) No person shall use any specified bovine material in the preparation of food for sale for human consumption.

(3) No person shall sell any specified bovine material for use in the preparation of food for human consumption.

(4) For the purposes of this article “specified bovine material” includes anything derived from it.

Prohibitions applying to the vertebral column

5.—(1) No person shall use the vertebral column of a bovine animal in the recovery of meat by mechanical means.

(2) No person shall use, in the preparation of food for sale for human consumption, any meat which has been recovered by mechanical means from the vertebral column of a bovine animal.

(3) No person shall use the vertebral column of a bovine animal from which meat has been cut, to produce food other than fat or gelatin for sale for human consumption.

Registration of premises on which meat is recovered by mechanical means from bovine animals

6.—(1) No person shall on any premises recover meat by mechanical means from the carcase of a bovine animal unless his name and the address of those premises are registered with the appropriate Minister.

(2) The appropriate Minister shall keep a register for the purposes of paragraph (1) above.

(3) An application for registration shall be in writing and in such form and manner as the appropriate Minister may require.

(4) The appropriate Minister shall refuse to register the name of any person in respect of any premises unless the following particulars are notified to him in writing:

(a) the business name, if any;

(b) the name and address of the person who carries on the business;

(c) the address and telephone number of the business; and

(d) the address of each premises at which meat is recovered by mechanical means from a bovine animal in the course of the business.

(5) Any person whose name is registered shall notify the appropriate Minister in writing of any change in the particulars previously notified to him within 14 days of any such change.

Specified bovine material for animal consumption

7.—(1) No person shall sell any specified bovine material, or any feeding stuff containing specified bovine material, for feeding to animals.

(2) No person shall use any specified bovine material in the preparation of any feeding stuff for animals.

(3) No person shall sell any specified bovine material for use in the preparation of any feeding stuff for animals.

(4) No person shall feed to an animal any specified bovine material or any feeding stuff containing specified bovine material.

(5) For the purposes of this article “specified bovine material” includes anything derived from it other than fatty acids which have been extracted from tallow subjected to thermal hydrolysis at hyperbaric pressure.

(6) Paragraph (4) above shall not apply to the feeding to any animal of any specified bovine material or feeding stuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, and paragraph (2) above shall not apply to the use of any specified bovine material in the preparation of any feeding stuff for such feeding.

Initial treatment of bovine carcases in a slaughterhouse

8.—(1) When a bovine animal is slaughtered in a slaughterhouse, or slaughtered elsewhere than in a slaughterhouse but brought immediately to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that all specified bovine material is removed from the rest of the carcase.

(2) Subject to the following provisions of this article, the occupier shall ensure that the specified bovine material which has been removed (other than the head) is stained immediately, and in any event before it is frozen, by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051)(4) in such way that the colouring is clearly visible over the whole surface of the material.

(3) The occupier shall ensure that the head is stained immediately after slaughter by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051) in such a way that the colouring is clearly visible over its whole surface; except that, if the tongue is to be removed, this shall be done immediately after slaughter and the head shall be stained immediately after the removal of the tongue.

(4) The occupier shall ensure that the specified bovine material does not come into contact with any other animal material while in the slaughterhouse and that it is disposed of in accordance with this Order.

(5) Material which is not specified bovine material may be separated from intestines which have been removed from the carcase before the intestines are stained.

(6) In the case of specified bovine material which is intended to be examined by or on behalf of an officer of the appropriate Minister or a veterinary surgeon, the specified bovine material shall not be stained until after the completion of such examination.

(7) The requirement to stain specified bovine material shall not apply in the case of specified bovine material which is intended to be used for non-food or non-feeding stuff purposes in accordance with article 19 below.

(8) In the case of scheme animals, the occupier shall ensure that, once the specified bovine material has been removed, the remainder of the carcase (excluding the hide), is stained immediately with a 0.5% weight/volume solution of the colouring agent Tartrazine (E102, Colour Index No. 19140), in such a way that the colouring is clearly visible over the whole surface.

(9) The occupier of any slaughterhouse where specified bovine material is removed from carcases pursuant to this article shall arrange or establish in consultation with an official veterinary surgeon a staff training programme to train staff to comply with those requirements of this Order which they perform on those premises.

(10) In this article, “official veterinary surgeon” means a veterinary surgeon designated under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995(5).

Initial treatment of specified bovine material elsewhere than in a slaughterhouse

9.—(1) Subject to the following provisions of this article, when specified bovine material is removed from the carcase of a bovine animal elsewhere than in a slaughterhouse, the occupier of the premises at which the specified bovine material is removed shall ensure that it is stained immediately, and in any event before it is frozen, by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051) in such a way that the colouring is clearly visible over the whole surface of the material.

(2) The occupier shall ensure that the specified bovine material does not come into contact with any other animal material while on the premises and that it is disposed of in accordance with this Order.

(3) In the case of specified bovine material which is intended to be examined by or on behalf of an officer of the appropriate Minister or a veterinary surgeon, the specified bovine material shall not be stained until after the completion of the examination.

(4) The requirement to stain specified bovine material shall not apply in the case of specified bovine material which is intended to be used for non-food or non-feeding stuff purposes in accordance with article 19 below.

(5) The provisions of this article shall not apply in the case of a post-mortem examination carried out by a veterinary surgeon or a veterinary practitioner provided that he makes arrangements for the disposal of the whole of the carcase by burial.

Rendering whole carcases

10.  Any person rendering a whole bovine carcase shall do so in accordance with article 18 below in the same way as if the carcase were specified bovine material.

Exceptions from the requirement to stain specified bovine material

11.  The requirement in articles 8 and 9 above to stain specified bovine material shall not apply—

(a) if the specified bovine material is to be sent to a veterinary or medical school, laboratory, hospital or similar institution for instructional, diagnostic or research purposes; or

(b) to specified solid waste,

provided that it is stored separately from all other animal materials and is clearly identified as specified bovine material.

Prohibition on the removal of the brain and eyes of a bovine animal

12.  No person shall remove the brain or eyes from the carcase of a bovine animal aged over six months except—

(a) for the purposes of veterinary or scientific examination; and

(b) in a part of the premises kept free at all time from food intended for human consumption.

Prohibition on the removal of the spinal cord of a bovine animal

13.—(1) No person shall remove the spinal cord from the vertebral column of a bovine animal aged six months or over except in a slaughterhouse or for the purposes of veterinary or scientific examination.

(2) If the spinal cord is removed in a slaughterhouse, it shall be disposed of as specified bovine material in accordance with this Order.

(3) If the spinal cord is removed at any premises other than a slaughterhouse for the purposes of veterinary or scientific examination, after that examination both the spinal cord and the vertebral column shall be disposed of as specified bovine material in accordance with this Order.

Prohibition on bringing in specified bovine material from Northern Ireland

14.—(1) No person shall bring any specified bovine material into Great Britain from Northern Ireland unless it has been stained in the same way as it would have been had it been obtained in Great Britain.

(2) Any person bringing specified bovine material into Great Britain from Northern Ireland shall immediately transport it to one of the destinations specified in article 15(1) below.

Consignment of specified bovine material

15.—(1) Once specified bovine material has been removed from the carcase and treated in accordance with this Order, or, in the case of specified solid waste, recovered from the drainage system, the person responsible for its removal or recovery shall, without unreasonable delay, send it directly to—

(a) an approved collection centre;

(b) an approved rendering plant;

(c) premises referred to in article 11(a) above;

(d) an approved incinerator;

(e) any other premises approved by the appropriate Minister which are not connected with the manufacture or preparation of food or feeding stuffs.

(2) Any person consigning specified bovine material from the place where it was removed from the carcase or recovered from a drainage system shall keep a record for two years from the date of consignment of the weight consigned, the date it was consigned and the destination of the specified bovine material.

Approved collection centres

16.—(1) Any person delivering specified bovine material to an approved collection centre shall state in writing to the operator of the collection centre concerned the place from which that specified bovine material was collected for delivery to that collection centre.

(2) No person shall take delivery of specified bovine material at a collection centre, or operate a collection centre for specified bovine material, unless it has been approved by the appropriate Minister and has sufficient facilities for storing and handling specified bovine material in a manner which keeps it separate from other animal material.

(3) The operator of an approved collection centre shall record on arrival of specified bovine material at the premises—

(a) the weight of the specified bovine material delivered;

(b) the date of delivery; and

(c) the place from which it was consigned,

and shall keep such records for two years from the date of arrival.

(4) The operator of an approved collection centre shall ensure that all specified bovine material in the collection centre is kept separate from all other animal material.

(5) No person shall remove specified bovine material from an approved collection centre except to an approved renderer or an approved incinerator, and shall keep a record for two years from the date of consignment of the weight of any specified bovine material consigned, the date of such consignment and the point of destination.

Approved incinerators

17.—(1) Any person delivering specified bovine material to an approved incinerator shall state in writing to the operator of the incinerator concerned the place from which that specified bovine material was collected for delivery to that incinerator.

(2) No person shall operate an incinerator incinerating specified bovine material unless—

(a) the incinerator has been approved by the appropriate Minister as having suitable facilities to incinerate specified bovine material in accordance with paragraph (4) below;

(b) he disposes of the ash in a way that does not pose a risk to human or animal health; and

(c) the incinerator is equipped with a refractory lining and is heated by fuel conveyed into the incinerator during incineration by mechanically forced draught.

(3) The operator of an approved incinerator shall record on arrival of specified bovine material at the premises—

(a) the weight of the specified bovine material delivered;

(b) the date of delivery; and

(c) the place from which it was consigned,

and shall keep such records for two years from the date of arrival.

(4) The operator of an approved incinerator shall incinerate all specified bovine material delivered to him to a standard specified in the approval and in such a way that all moisture is removed, the material is reduced to ash and the ash is disposed of in accordance with the terms of the approval.

(5) No person shall remove specified bovine material from an approved incinerator unless it has been completely incinerated.

Approved rendering plants

18.—(1) Any person delivering specified bovine material to an approved rendering plant shall state in writing to the operator of the rendering plant concerned the place from which that specified bovine material was collected for delivery to that rendering plant.

(2) No person shall take delivery of specified bovine material at a rendering plant, or operate a rendering plant for specified bovine material, unless it has been approved by the appropriate Minister as having the facilities specified in Part 1 of Schedule 1 to this Order sufficient to enable it to separate the specified bovine material into protein and tallow by one of the methods specified in Part II of that Schedule.

(3) The operator of an approved rendering plant shall record on arrival of specified bovine material at the premises—

(a) the weight of the specified bovine material delivered;

(b) the date of delivery; and

(c) the place from which it was consigned,

and shall keep such records for two years from the date of arrival.

(4) The operator of an approved rendering plant shall ensure that all specified bovine material in the rendering plant is kept and stored separately from all other material, handled separately from other material and rendered separately from other material.

(5) The operator of an approved rendering plant shall ensure that specified bovine material is processed without undue delay and in any event within seven days of delivery using one of the methods described in Part II of Schedule 1 to this Order.

(6) The operator of an approved rendering plant shall ensure that any equipment used for processing specified bovine material is used only for that purpose.

(7) After the specified bovine material has been processed and separated into protein and tallow the operator of the plant shall ensure that—

(a) all protein is placed in a container labelled “specified bovine material” and disposed of—

(i) by burial at a landfill site for which there exists a current waste management licence granted under section 35 of the Environmental Protection Act 1990(6); or

(ii) as specified in the approval; or

(iii) sent to an approved incinerator for incineration; and

(b) all tallow is placed in a container labelled “specified bovine material” and—

(i) disposed of by burial at a landfill site for which there exists a current waste management licence granted under section 35 of the Environmental Protection Act 1990; or

(ii) sent for purposes not connected with the preparation of food or feeding stuffs; or

(iii) sent for treatment by thermal hydrolysis at hyperbaric pressure.

(8) Protein and tallow produced from animal material, other than specified bovine material, from scheme animals shall be disposed of by burning in a manner which has been licensed under the Environmental Protection Act 1990.

(9) The operator of an approved rendering plant shall keep a record for two years of the weight of protein consigned and a separate record of the weight of tallow consigned, and in each case the date of such consignment and the point of destination.

(10) The operator of an approved rendering plant shall ensure that all containers, receptacles and vehicles which have been used for the transport of specified bovine material are cleaned, washed and disinfected before they leave the premises.

(11) No person shall move from the unclean section of an approved rendering plant (as specified by the occupier in accordance with paragraph 3 of Part I of Schedule 1 to this Order) into the clean section without first changing his working clothes and footwear or disinfecting the latter.

(12) No person shall take equipment or utensils from the unclean section into the clean section of an approved rendering plant unless the equipment or utensils are first washed and disinfected.

(13) The operator of an approved rendering plant shall ensure that systematic measures are taken to control birds, rodents, insects and other vermin on the premises.

(14) The operator of an approved rendering plant shall ensure that the premises and equipment are kept in a good state of repair and that measuring equipment is calibrated at regular intervals.

Approved premises not connected with food and feeding stuffs

19.—(1) This article shall apply to premises approved by the appropriate Minister as being suitable to process specified bovine material for use in a manufacturing process, provided that such manufacture is not in any way connected with food or feeding stuffs and does not pose a risk to human or animal health.

(2) Any person delivering specified bovine material to premises approved under this article shall state in writing to the operator of the premises concerned the place from which that specified bovine material was collected for delivery to those premises.

(3) No person shall process specified bovine material at premises approved under this article except in accordance with the conditions of the approval.

(4) The operator of such approved premises shall record on arrival of specified bovine material at the premises—

(a) the weight of the specified bovine material delivered;

(b) the date of delivery; and

(c) the place from which it was consigned,

and shall keep such records for two years from the date of arrival.

Veterinary or laboratory premises, etc.

20.—(1) No person shall transport specified bovine material to premises specified in article 11 above unless the specified bovine material is in a container marked with—

(a) the words “specified bovine material”;

(b) its place of destination; and

(c) the name of the person to whom it is being sent.

(2) Any person delivering specified bovine material to such premises shall state in writing to the occupier of the premises the place from which the specified bovine material was collected for delivery.

(3) The person to whom the specified bovine material is consigned shall record on arrival of the specified bovine material at the premises—

(a) the weight of the specified bovine material delivered;

(b) the date of delivery; and

(c) the place from which it was consigned,

and shall keep such records for two years from the date of arrival.

(4) When the specified bovine material is no longer needed, the person to whom it was consigned shall ensure that any residual specified bovine material is buried or effectively destroyed and shall keep a record for two years of the place and method of burial or destruction.

Power to give directions

21.—(1) If the appropriate Minister is satisfied that specified bovine material cannot be disposed of under the provisions of this Order, whether for reasons of mechanical breakdown of equipment or otherwise, he may give written directions to the owner or person in control of the specified bovine material for its disposal in a safe manner.

(2) In the event of any person not complying with those directions, the appropriate Minister may make arrangements for the disposal of the specified bovine material at the expense of the owner.

(3) Any person failing to comply with any direction given under this Order shall be guilty of an offence under the Animal Health Act 1981(7).

Consignment

22.  No person shall consign from Great Britain to another member State specified bovine material, or protein or tallow derived from specified bovine material, except in accordance with licence granted by the Minister.

Samples

23.  Where an inspector has reasonable grounds for supposing that the provisions of this Order are not being complied with, he may take from any carcase or part of a carcase, tallow, protein, material, food or feeding stuff such samples as he considers necessary to establish whether or not an offence has taken place.

Transport

24.—(1) The person in control of a vehicle transporting specified bovine material shall ensure that it is conveyed either in an impervious container which contains nothing but specified bovine material or in a part of the vehicle which is impervious and contains nothing but specified bovine material and which in either case is kept covered at all times except when necessary for loading or unloading or examination by an authorised officer of an enforcement authority.

(2) Any person transporting specified bovine material shall ensure that the part of the vehicle in which specified bovine material has been conveyed is thoroughly washed and disinfected before any food, feeding stuff or other animal material is subsequently placed in that part of the vehicle.

(3) In this article the expression “vehicle” means, in any case in which specified bovine material is conveyed in a bulk container, that container.

Storage

25.—(1) Subject to paragraph (2) below, no person shall store specified bovine material in the same room as food or feeding stuff.

(2) The requirement in paragraph (1) above shall not apply where an officer of the enforcement authority has approved the storage of specified bovine material in the same room as food or feeding stuff on being satisfied that the arrangements for storage will ensure the adequate separation of the specified bovine material from the food.

Enforcement

26.—(1) This Order shall be enforced—

(a) in relation to premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 by the appropriate Minister; and

(b) in any other case by the local authority.

Revocation and saving

27.—(1) The Specified Bovine Material (No. 2) Order 1996(8) is hereby revoked.

(2) Any approval granted or having effect as if granted under the Specified Bovine Material (No. 2) Order 1996 shall continue to operate as if granted under the equivalent provision of this Order.

Angela Browning

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

23rd July 1996

Lindsay

Parliamentary Under Secretary of State, Scottish Office

24th July 1996

Signed by authority of the Secretary of State for Wales

Jonathan Evans

Parliamentary Under Secretary of State, Welsh Office

24th July 1996