The Bovine Products (Restriction on Placing on the Market) (England) Regulations 2005

Interpretation

2.—(1) In these Regulations —

“the Agency” means the Food Standards Agency;

“animal feed” and “human food” have the meanings that they respectively bear in Regulation 999/2001;

“authorised officer”, in relation to the relevant enforcement authority, means any person (whether or not an officer of the authority) authorised by it in writing, either generally or specially, to act in matters arising under these Regulations and includes —

(a)

in relation to any premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995(1) —

(i)

a veterinary surgeon appointed as an authorised officer in relation to those premises in accordance with regulation 8(1) of those Regulations, or

(ii)

any other person appointed as an inspector in relation to those premises in accordance with regulation 8(2) of those Regulations;

(b)

in relation to any premises that are combined premises for the purposes of and are approved under the Meat Products (Hygiene) Regulations 1994(2), a person authorised by the Agency in writing, either generally or specially, to act in matters arising under those Regulations; and

(c)

in relation to any premises that are combined premises for the purposes of and are approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995(3), a person —

(i)

appointed as an authorised officer in relation to those premises in accordance with regulation 12(2) of those Regulations, or

(ii)

authorised to act in relation to those premises in accordance with regulation 12(3) of those Regulations;

“bovine animal” includes —

(a)

buffalo of the species Bubalus bubalis; and

(b)

Bison bison;

“the Commission Decision” means Commission Decision 2005/598/EC prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1st August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No. 999/2001(4);

“fertilisers” has the meaning given to it in Article 3.1(k) of Regulation 999/2001;

“food authority” means the relevant body specified in section 5(1) of the Food Safety Act 1990(5), except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of that Act (which deals with the Inner Temple and Middle Temple);

“material” and “product” shall respectively be construed in accordance with the meanings that “materials” and “products” bear in the Commission Decision;

“place on the market” means sell, supply in any other way against payment or free of charge and store with a view to supplying against payment or free of charge and “placed on the market” shall be construed accordingly;

“port health authority” means —

(a)

in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984(6) by section 7(1) of that Act), the Common Council of the City of London; and

(b)

in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease ) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;

“Regulation 999/2001” means Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(7), as last amended by Regulation (EC) No. 932/2005 of the European Parliament and of the Council amending Regulation (EC) No. 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies as regards the extension of the period for transitional measures (8); and

“the relevant enforcement authority” means the authority which by virtue of regulation 7 has the duty of executing and enforcing these Regulations.

(2) Any reference in these Regulations to a food authority includes a reference to a port health authority and in the context of such a reference any reference to a food authority’s area includes a reference to a port health authority’s district.

(1)

S.I. 1995/539, amended by S.I. 1995/731, S.I. 1995/1763, S.I. 1995/2148, S.I. 1995/2200, S.I. 1995/3124, S.I. 1995/3189, S.I. 1996/1148, S.I. 1996/2235, S.I. 1997/1729, S.I. 1997/2074, S.I. 2000/225, S.I. 2000/656, S.I. 2000/2215, S.I. 2001/1512, S.I. 2001/1739, S.I. 2001/1771, S.I. 2001/2601, S.I. 2001/3451, S.I. 2002/118 and S.I. 2002/889.

(2)

S.I. 1994/3082, amended by S.I. 1995/539, S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/3205, S.I. 1996/1499, S.I. 1999/683, S.I. 2000/225, S.I. 2000/656 , S.I. 2000/790 and S.I. 2000/2215.

(3)

S.I. 1995/3205, amended by S.I. 1996/3124, S.I. 2000/225, S.I. 2000/656 and S.I. 2000/2215.

(4)

OJ No. L204, 5.8.2005, p.22.

(5)

1990 c. 16.

(6)

1984 c. 22.

(7)

OJ No. L147, 31.5.2001, p.1.

(8)

OJ No. L163, 23.6.2005, p.1.