The Transmissible Spongiform Encephalopathies (England) (Amendment) Regulations 2008

Citation and commencement

1.  These Regulations may be cited as the Transmissible Spongiform Encephalopathies (England) (Amendment) Regulations 2008; they come into force on 12th January 2009.

Amendment of the Transmissible Spongiform Encephalopathies (England) Regulations 2008

2.  The Transmissible Spongiform Encephalopathies (England) Regulations 2008(1) are amended in accordance with regulations 3 to 9.

Amendment of regulation 2 (interpretation)

3.  In regulation 2(1) in the definition of “Community TSE Regulation”, after sub-paragraph (b), insert—

“(c) Commission Decision 2008/908/EC authorising certain Member States to revise their annual BSE monitoring programme(2);”.

Amendment of regulation 12 (appointment of inspectors)

4.  For regulation 12 substitute—

“12.   The Secretary of State and the local authority may appoint inspectors for the purposes of the enforcement of these Regulations except as specified in Schedules 7 and 8.”.

Amendment of regulation 20 (enforcement)

5.  In regulation 20 for paragraph (2) substitute—

“(2) The Food Standards Agency enforces in slaughterhouses and cutting plants Schedule 7 and paragraphs 1A, 2 and 3 of Schedule 8.”.

Amendment of Schedule 2

6.  In schedule 2—

(a) for paragraph 1 substitute—

“Notification of the body of a goat for the purpose of monitoring under Article 6 of the Community TSE Regulation

1.— (1) For the purpose of monitoring under Article 6 of the Community TSE Regulation, a person who has in their possession, or under their control, the body of a goat aged 18 months or over at death, must—

(a) within 24 hours from the time when the animal died or was killed or the body came into their possession or under their control notify the Secretary of State; and

(b) where the Secretary of State directs, detain it until it has been collected by or on behalf of the Secretary of State,

and failure to do so is an offence.

(2) This paragraph does not apply in relation to goats slaughtered for human consumption or killed in accordance with Schedule 4.

Delivery of the body of a bovine animal for the purpose of monitoring under Article 6 of the Community TSE Regulation

1A.— (1) For the purpose of monitoring under Article 6 of the Community TSE Regulation, a person who has in their possession or under their control the body of a bovine animal that must be tested in accordance with point 3(1) of Part I of Chapter A of Annex III to that Regulation must, unless directed otherwise by the Secretary of State, within 24 hours either—

(a) make arrangements with another person for that person to collect it and to deliver it to an approved sampling site within 72 hours; or

(b) identify an approved sampling site that will carry out the sampling and deliver the animal to that site so as to arrive at the site within 72 hours,

and failure to do so is an offence.

(2) The periods of 24 and 72 hours referred to in sub-paragraph (1) run from the time when the animal died or was killed or came into the possession or under the control of the person to whom the requirements of that sub-paragraph apply.

Persons collecting and delivering

1B.   A person with whom arrangements are made under paragraph 1A for the delivery of a body to an approved sampling site must, unless directed otherwise by the Secretary of State, within 48 hours of the time when the body comes into their possession or under their control—

(a) identify an approved sampling site that will carry out the sampling; and

(b) ensure it is delivered to that site,

and failure to do so is an offence.

Destruction without sampling

1C.   Any person who destroys the body of a bovine animal to which paragraph 1A applies before it has undergone sampling at an approved sampling site, except in accordance with a direction of the Secretary of State, commits an offence.

Retention of bodies of bovine animals pending test results

1D.   An approved sampling site to which the body of a bovine animal has been sent for sampling in accordance with this Part must retain it in accordance with point 6(3) of Chapter A of Annex III to the Community TSE Regulation, and failure to do so is an offence.

Isle of Wight

1E.   The requirements of paragraphs 1 and 1A do not apply in the Isle of Wight.”;

(b) after paragraph 4 insert—

“Approved sampling sites

4A.— (1) The Secretary of State must on application approve a sampling site to sample animals to which paragraph 1A applies if satisfied that the sampling site has adequate control procedures to carry out the sampling.

(2) An “approved sampling site” in this Part means a sampling site approved under this paragraph or a sampling site in another part of the United Kingdom approved by the competent authority to carry out sampling for the same purpose.”; and

(c) in paragraph 11, sub-paragraph (a) and in paragraph 12, for “paragraph 5(1)” substitute “paragraph 6(1)”.

Amendment of Schedule 3

7.  In Schedule 3 paragraph 5, sub-paragraph (3) for “sub-paragraph 2(b)(ii)” substitute “sub-paragraph 1(b)(ii)”.

Amendment of Schedule 4

8.  In Schedule 4 paragraph 9, sub-paragraph (1) for “Annex C” substitute “Annex X”.

Substitution of Schedule 8

9.  For Schedule 8 substitute the replacement schedule set out in the Schedule to these Regulations.

Jane Kennedy

Minister of State

Department for Environment, Food and Rural Affairs

22nd December 2008