The TSE (England) Regulations 2002
PART IIntroductory provisions
1 Title, extent and commencement
2 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, seizure and disposal 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
10BConsignment of over-age animals to a slaughterhouse
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 approvals and approvals of premises
20 Suspension and withdrawal of approvals
21 Appeals
Feedingstuffs
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 or hydrolysed protein for feeding to farmed animals other than ruminants
25 Use and storage of feedingstuffs containing fishmeal, dicalcium phosphate or hydrolysed protein
25AUse and storage of feeding stuffs 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
29AMovement prohibitions and restrictions of animals
29BSlaughter of animals
29CCompensation for slaughtered animals
29DRetention, seizure and disposal of carcases
29ECompensation for carcases, parts of carcases or blood seized or disposed of
29FSlaughter or sale for human consumption
PART IV SPECIFIED RISK MATERIAL
Introductory provisions
30 Interpretation of expressions used in this Part
31 Extended meaning of sale etc.
32 Presumption that food is intended for human consumption
Carcases and 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 Inspection and marking of carcases in a slaughterhouse
36 Removal of vertebral column of bovine animals in cutting premises
37Removal of spinal cord of sheep and goats which is specified risk material
38 Young lamb stamp and young goat stamp
39 Staining of specified risk material
40Disposal of specified risk material
41 Presence of an OVS
Prohibitions: slaughter and carcases
42 Pithing
43 Prohibition on sale of non-compliant carcases for human consumption
44 Prohibition on the removal of brain and eyes
45 Prohibition on the removal of spinal cord
46 Transport of unmarked carcases of sheep and goats
47 Possession of unmarked carcases of sheep and goats
Prohibitions on sale and use of specified risk material
48 Prohibition on sale of specified risk material for human consumption
49 Prohibition on feeding specified risk material to animals
50 Specified risk material for use in cosmetic, pharmaceutical and medical products
51 Mechanically recovered meat
Prohibitions on collection, transport, rendering, incineration etc. and storage of specified risk material
52 Use of premises for collection, rendering, incineration etc. of specified risk material
53 Storage of specified risk material
54 Transport of specified risk material
55 Procedure for bringing in specified risk material from Scotland, Wales or Northern Ireland
Licensing
56 Licensing
57 Licensing for the use of specified risk material in production or research
58 Applications for licences
59 Requirements of use of licensed premises
60 Suspension of licences
61 Revocation of licences
62 Appeals against suspension and revocation of licences
Collection centres and incinerators
63 Collection centres
64 Incinerators
Rendering plants
65 Delivery of specified risk material to rendering plants
66 Storage etc. of specified risk material at rendering plants
67Rendering of specified risk material
68Rendered material
Administration and Enforcement
69 Records
70 Cleansing and disinfection
71 Powers of inspectors
72 Recall, seizure and destruction of feedingstuffs
73 Directions
74 Compliance with notices
75 Slaughterhouse staff training
76 Occupier’s duty and offences
77 Inspection and seizure of suspected food
PART V CONTROL AND ERADICATION OF TSES: CHAPTER IV OF THE COMMUNITY TSE REGULATION
78 Notifications for the purposes of Chapter IV of the Community TSE Regulation
79 Measures for the purposes of Chapter IV of the Community TSE Regulation
80 Movement prohibitions and restrictions of TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation
81 Slaughter of TSE susceptible animals at slaughterhouses for the purposes of Chapter IV of the Community TSE Regulation
82 Slaughter of TSE susceptible animals at other premises for the purposes of Chapter IV of the Community TSE Regulation
83 Retention, seizure and disposal of carcases etc. of TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation
84 Compensation for slaughtered TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation
85 Prohibition of sale, supply and use of milk from affected or suspected animals
86 Cleansing and disinfection
86AEnforcement 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
87 Notification of progeny of certain TSE suspect and confirmed animals
88 Measures to administer and enforce Article 15(2) of and Chapter B of Annex VIII to the Community TSE Regulation
89 Movement prohibitions and restrictions
90 Slaughter at slaughterhouses
91 Slaughter at other premises
92 Retention, seizure and disposal of carcases etc.
93 Compensation for slaughtered animals
94 Offspring slaughter
95 Cleansing and disinfection
PART VII SAMPLING AND LABORATORY METHODS
96 Sampling and laboratory methods
PART VIII COMMUNITY CONTROLS, OFFENCES, PENALTIES AND ENFORCEMENT
97 Community controls: powers of inspectors
98 Obstruction
99 Offences
100 Offences due to fault of another person and defence of due diligence
101 Enforcement
PART IX SUPPLEMENTARY PROVISIONS
102 Service of notices and other documents
103 Amendments
104 Revocations and savings
SCHEDULE 1 COMPENSATION
PART I Compensation for TSE Susceptible Animals Slaughtered under Regulation 6 or 7
1The compensation payable for a TSE susceptible animal slaughtered under...
2The market value of the animal shall be determined—
3A valuer appointed for the purpose of this regulation shall...
4The valuer shall give to the Secretary of State and...
5Where an animal was certified by a veterinary surgeon before...
PART IICompensation 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 costs or expenses shall be deducted from the amount...
5If the amount of these costs and expenses exceed the...
6The owner shall pay to the Secretary of State the...
7On the expiry of this period, the amount of the...
PART IIICompensation for TSE Susceptible Animals Slaughtered under Regulation 81 or 82
1 Compensation for sheep and goats
2Where an examination at a veterinary laboratory of the Secretary...
3Where an examination at a veterinary laboratory of the Secretary...
4 Compensation for bovine animals
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...
9A valuer appointed or nominated under paragraph 8(b) or (c)...
10The Secretary of State shall take such steps as she...
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 1 CALCULATION OF INDICATIVE MARKET PRICE
The indicative market price for each month shall be calculated...
ANNEX 2 TO PART III OF SCHEDULE 1 CALCULATION OF ENHANCEMENT OF COMPENSATION
Calculation of Enhancement of Compensation (1) For bovine animals not in a closed herd, where...
1 Calculation of Enhancement of Compensation
2For bovine animals in a closed herd, where the Secretary...
3In this Schedule “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 83
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 costs or expenses shall be deducted from the amount...
5If the amount of these costs and expenses exceed the...
6The owner shall pay to the Secretary of State the...
7On the expiry of this 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 REGULATION 90 OR 91
1The compensation payable for a TSE suspect or confirmed animal,...
2The market value of the animal shall be determined—
3A valuer appointed for the purpose of this regulation shall...
4The valuer shall give to the Secretary of State and...
5Where an animal was certified by a veterinary surgeon before...
PART VI COMPENSATION FOR SEIZURE OR DISPOSAL UNDER REGULATION 92
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 costs or expenses shall be deducted from the amount...
5If the amount of these costs and expenses exceed the...
6The owner shall pay to the Secretary of State the...
7On the expiry of this 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 also be a reliable system (including the provision...
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 2Conditions 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 3Conditions 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 4Conditions 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 5 APPLICATION OF PART IV OF THE REGULATIONS TO SCHEME ANIMALS
SCHEDULE 6Rendering requirements
PART I REQUIREMENTS FOR PREMISES USED FOR RENDERING SPECIFIED RISK MATERIAL
1The premises shall be adequately separated from the public highway...
2Unauthorised persons and animals shall not be permitted to have...
3The premises or part of the premises used to process...
4The premises shall have sufficient capacity of hot water and...
5The equipment used to render specified risk material shall include—...
6To prevent recontamination of processed specified risk material by incoming...
7The premises must have adequate facilities for cleaning and disinfecting...
8Adequate facilities must be provided for disinfecting the wheels, immediately...
PART II METHODS OF RENDERING
METHOD 1 NATURAL FAT BATCH
1 Reduction
2 Time and temperature
3The rendering shall be carried out in a batch system....
4The animal by-products may be cooked such that the time-temperature...
METHOD 2 NATURAL FAT CONTINUOUS OR BATCH
1 Reduction
2 Time and temperature
3The rendering may be carried out in batch or continuous...
4The animal by-products may be cooked such that the time-temperature...
METHOD 3 ADDED FAT CONTINUOUS OR BATCH
1 Reduction
2 Time and temperature
3The rendering may be carried out in batch or continuous...
4The animal by-products may be cooked such that the time-temperature...
METHOD 4 CONTINUOUS OR BATCH PRESSURE
1 Reduction
2 Time and temperature
3The rendering may be carried out in batch or continuous...
METHOD 5 DEFATTED CONTINUOUS OR BATCH
1 Reduction
2 Time and temperature
3The rendering may be carried out in batch or continuous...
4The animal by-products may be cooked such that the time-temperature...
METHOD 6 ADDED FAT CONTINUOUS ATMOSPHERIC
1 Equipment
2 Crushing
3 Cooking
4 Separation and storage of final products
5 Records
METHOD 7 DEFATTED CONTINUOUS ATMOSPHERIC
1 Equipment
2 Crushing
3 Pre-heating
4 Pressing
5 Drying
6 Storage of final products
7 Records
SCHEDULE 6AEnforcement of Annex VII to the Community TSE Regulation
PART I
1Competent authority
2Confirmation of TSE in sheep
3Confirmation of TSE in goats
4Infected animals from another holding
5Common grazing
6Confirmation of BSE in sheep or goats
7Time for appeals
8Subsequent occupiers
PART IIMOVEMENT OF ANIMALS
9Scope
10Introduction of animals on to a holding
11Use of ovine germinal products
12Movement of animals from a holding
13Time of movement restrictions
14Derogations
PART IIIAPPEALS
15Notices
16Appeals
PART IVCOMPENSATION
17Compensation
PART VOFFENCES
18A person guilty of an offence under paragraph 8, 10,...
SCHEDULE 7Offspring Slaughter
Interpretation (1) For the purposes of this Schedule— “barrener cattle” means...
Interpretation (1) For the purposes of this Schedule— “barrener cattle” means...
1 Interpretation
2 Requirements relating to offspring animals
4 Notice of intended slaughter
5 Compensation for slaughtered offspring animals
6 Forms
FORM OC1Notice of requirements relating to an offspring animal
To
of
Location of animal....................
I, the undersigned, being an inspector of the.................... hereby give...
The bovine animal to which the completed and signed notice...
Official Ear Mark Description of bovine animal including age, breed...
Signed....................
Dated....................
Name in BLOCK LETTERS
Office Address
FORM OC1 REQUIREMENTSNotice of requirements as respects the animal specified overleaf
1 Requirements:
2In the event of the animal dying, otherwise than as...
3In the event of the animal dying or being slaughtered...
Breach of the requirements of this notice may constitute an...
FORM OC2Notice of intended slaughter of an offspring animal
To
of
Location of animal....................
I, the undersigned, being a veterinary inspector of the.................... hereby...
Signed....................
Dated....................
Name in BLOCK LETTERS
Office Address:
The bovine animal to which the completed and signed notice...
Official Ear Mark Description of bovine animal including age, breed...
Premises at which the animal is to be slaughtered:
FORM OC3Withdrawal of notice relating to an offspring animal
I, the undersigned, being a veterinary inspector of the.................... ,...
The bovine animal to which the completed and signed notice...
Official Ear Tag Number/Offspring Slaughter Tag Number/Age/Breed/Sex:
Signed....................
Dated....................
Name in BLOCK LETTERS
Office Address
FORM OC 4Certificate that a casualty animal is not unfit for human consumption
Name and address of owner or person in charge of...
....................
Telephone number.................... .
Animal details Eartag Sex Breed Age Other identifiers
Reason for slaughter....................
....................
After carrying out ante mortem inspection, making due enquiries, and,...
*Tests performed and results....................
....................
Name of veterinary surgeon....................
Address....................
....................
Time and date
Signed
7 Tables of compensation
Ascertainment of amount of compensation for dairy offspring animals, beef...
8 Calculation of indicative market price
SCHEDULE 8Amendments
PART I AMENDMENTS TO THE SPECIFIED RISK MATERIAL ORDER 1997
1In the list of countries in article 3(3) the following...
2In article 4(5) the words “Austria, Finland or” shall be...
3In article 6(2A)(a) for the words “regulation 15A of the...
4In Schedule 2, in the list of countries in the...
PART II AMENDMENTS TO THE SPECIFIED RISK MATERIAL REGULATIONS 1997
1In the list of countries in regulation 3(5) the following...
2In regulation 4(7) the words “Austria, Finland or” shall be...
SCHEDULE 9Revocations and savings
PART I REVOCATIONS
PART II SAVINGS OF THINGS DONE UNDER THE BOVINE SPONGIFORM ENCEPHALOPATHY (NO. 2) 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...
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 Minister under regulation 6(1) of the...
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(3) and (4)...
5Any appointment by the Agency of a meat technician under...
6Any appointment by the Agency of a meat technician under...
7Any 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 AND THE SHEEP AND GOATS SPONGIFORM ENCEPHALOPATHY REGULATIONS 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 by the appropriate Minister...
PART VII SAVINGS OF THINGS DONE UNDER THE BOVINE SPONGIFORM ENCEPHALOPATHY (FEEDING STUFFS AND SURVEILLANCE) REGULATIONS 1999
Any appointment of an authorised officer by the appropriate Minister...
PART VIII SAVINGS OF THINGS DONE UNDER THE BSE MONITORING (ENGLAND) REGULATIONS 2001
1Any appointment of an inspector by the Minister or a...
2Any appointment of a veterinary inspector by the Minister for...
3Any appointment of an agent by the Minister under regulation...
PART IX SAVINGS OF THINGS DONE UNDER THE PROCESSED ANIMAL PROTEIN REGULATIONS 2001
1Any approval by the Minister under regulation 5 of the...
2Any approval by the Minister under regulation 6 of the...
3Any approval by the Minister under regulation 7 of the...
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 by the Minister or a...
8Any appointment of a veterinary inspector by the Minister for...

2002 No. 843

ANIMALS, ENGLANDANIMAL HEALTH

The TSE (England) Regulations 2002

Made

Laid before Parliament

Coming into force

The Secretary of State for Environment, Food and Rural Affairs, being designatedM1 for the purposes of section 2(2) of the European Communities Act 1972M2 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on her by that section, and of all other powers enabling her in that behalf, makes the following Regulations—

Annotations:
Marginal Citations