The Bovines and Bovine Products (Despatch Prohibition and Production Restriction) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect to Commission Decision 96/239/EC on emergency measures to protect against bovine spongiform encephalopathy, as amended by Commission Decision 96/362/EC, in relation to the despatch to third countries and other member States of bovine animals and embryos and meat and other products from bovine animals.

Regulation 3 prohibits the despatch from Great Britain to another member State or a third country of—

• bovine animals or bovine embryos

• meat derived from bovine animals slaughtered in the United Kingdom

• products obtained from bovine animals slaughtered in the United Kingdom (with the exception of controlled bovine by-products, as defined in regulation 2) which are liable to enter the human food or animal feed chains, or which are destined for use in cosmetics products, medical products or pharmaceutical products

• meat meal, bonemeal or meat and bonemeal derived from any mammal.

Regulation 3 also prohibits the bringing of any of these goods to any place in Great Britain for the purpose of their despatch to another member State or a third country and it prohibits their consignment for the purpose of any such despatch.

The Regulations revoke and replace the Bovine Products (Production and Despatch) Regulations 1997 and make provision for the control of production from bovine animals of gelatin, tallow and related products (regulation 4); for the control of the consignment of material containing bovine vertebral column to establishments approved under the Regulations (regulation 5); for the use of gelatin, tallow and related products (regulation 6); and the despatch to other member States of meat and other products from bovine animals slaughtered outside the United Kingdom (regulation 7).

Regulation 8 makes provision for the Minister to charge fees in respect of his costs reasonably incurred in the control exercised under regulation 3(4)(b) and 4(4)(b), for the issue of health certificates under regulation 3(3) and 3(4)(c) and the approval of establishments pursuant to regulation 7.

Regulation 9 confers on inspectors and customs officers powers to stop and search vehicles and vessels reasonably suspected of carrying goods the despatch of which to other member States or third countries is prohibited. Regulation 10 provides powers of entry to premises. Regulation 11 provides power to seize goods. It makes provision for the destruction of goods, the despatch of which to other member States or third countries is prohibited, where a justice of the peace is satisfied there is a risk of despatch abroad. Regulation 13 confers power on customs officers to detain vehicles and vessels. Regulation 14 makes provision for suspension notices and orders, suspending the use of business premises for the receipt or despatch of such goods.

Regulations 15 to 17 provide offences and penalties. Regulation 18 provides that the Regulations are enforced by the Minister and local authorities, as defined in regulation 2, and regulation 19 makes provision for the service of notices.

A Compliance Cost Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (BSE) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.