The Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which extend to Great Britain, give effect in part to Commission Decision 95/287/EC amending Commission Decision 94/474/EEC concerning certain protection measures relating to bovine spongiform encephalopathy (OJ No. L181, 1.8.95, p. 40) and in part to Article 4(1) of Commission Decision 98/272/EC on epidemio-surveillance for bovine spongiform encephalopathy (OJ No. L122, 24.4.98, p. 59).

2.  These Regulations–

(a) enable samples to be taken for the purpose of enabling the Official ELISA tests for the identification of ruminant protein in feed intended for ruminants to be carried out (regulation 3). The obligation to carry out those tests is contained in the text added to Article 3(3)(c) of Decision 94/474/EEC by Article 1(1) of Decision 95/287/EC;

(b) make provision for the investigation by veterinary inspectors of bovine spongiform encephalopathy as part of a programme of monitoring carried out by the appropriate Minister under Article 4(1) of Commission Decision 98/272/EC (regulation 4(1)). This includes the inspection, examination and testing of bovine animals and carcases, the taking of samples, marking the animals and their carcases and examining records;

(c) require that people in charge or in possession of bovine animals and carcases of bovine animals co-operate with any such investigation (regulation 4(2));

(d) make provision for the entry onto premises by authorised officers in connection with any such investigation (the remaining provisions of regulation 4);

(e) prohibit the obstruction of and other activities in relation to veterinary inspectors and authorised officers who are acting in the execution of these Regulations (regulation 5);

(f) provide for offences and penalties (regulations 6 and 7);

(g) provide that the Regulations are to be enforced by the local authority, subject to a power of the appropriate Minister to direct (in relation to a particular case or class of case) that the enforcement of the Regulations is to be undertaken by him and not by the local authority (regulation 8);

(h) make provision for the appointment of authorised officers by the appropriate Minister and the local authority for the purpose of the Regulations (regulation 9).

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