The Transmissible Spongiform Encephalopathies (England) Regulations 2018

Regulation 6(2)

SCHEDULE 2 E+W Monitoring for TSE

Delivery of the body of a bovine animal for the purpose of monitoring E+W

1.—(1) For the purpose of monitoring under Article 6, a person who has in their possession or under their control the body of a bovine animal that is required to be tested for BSE in accordance with Part 1 of Chapter A of Annex 3 must (unless directed otherwise by the Secretary of State)—

(a) within 24 hours of the death of the animal make arrangements with another person for that person to collect the body and deliver it to an approved sampling site, or

(b) within 72 hours of the death of the animal deliver the body direct to an approved sampling site that has a trained person available to take a sample from the body.

(2) The owner of the dead bovine animal is responsible for the expenses incurred by the sampling site operator in respect of the trained person taking a sample from the body for onward transmission to a testing laboratory approved in accordance with paragraph 9.

(3) If the owner of the dead bovine animal has any outstanding invoice payable to the sampling site operator, that operator may refuse to take delivery of any live or dead animals from that owner until the outstanding invoice has been paid.

(4) Where the owner of a dead bovine animal makes arrangements with another person under paragraph 1(a)—

(a) the owner must inform that person of the time and date of the animal's death, and

(b) that person must ensure that the body is delivered to the sampling site in time to enable a sample to be taken by a trained person at that site before the expiry of 72 hours from the death of the animal.

Approved sampling site E+W

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

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

Destruction without sampling E+W

3.  A person must not destroy the body of a bovine animal to which paragraph 1(1) applies before the animal has undergone sampling by a trained person at an approved sampling site, except in accordance with a direction of the Secretary of State.

Retention of carcases of bovine animals pending test results E+W

4.  An approved sampling site which receives the body of a bovine animal for sampling under this Schedule must retain the carcase in accordance with the requirements of Annex 3.

Remote Areas E+W

5.—(1) The requirements of paragraph 1 do not apply in relation to a bovine animal that has died or been killed in the Isles of Scilly or on Lundy Island.

(2) The exemption in sub-paragraph (1) continues to apply even if the body of the animal has been removed from the Isles of Scilly or Lundy Island, as the case may be.

Brain stem sampling of bovine animals at slaughterhouse E+W

6.—(1) The occupier of a slaughterhouse or other place of slaughter, in which a bovine animal covered by point 2 of Part 1 of Chapter A of Annex 3 is slaughtered for human consumption must—

(a) take a sample comprising the brain stem for testing in accordance with of Annex 10,

(b) ensure that the animal from which the sample has been taken can be identified, and

(c) arrange for the sample to be delivered to an approved testing laboratory in accordance with paragraph 9.

(2) The Secretary of State may serve a notice on the occupier requiring the occupier to take such a sample from a bovine animal which—

(a) has originated from a country with indigenous BSE,

(b) may have potentially consumed contaminated feedingstuffs, or

(c) is progeny from a BSE infected female bovine animal.

Retention of products and disposal E+W

7.—(1) In relation to any sampled bovine animal, the occupier of a slaughterhouse, other place of slaughter (for the purposes of Annex 5), hide market or tannery must, for the purposes of Annex 3 and pending receipt of the test result, either—

(a) retain all carcases and all parts of the body (including the blood and the hide) that will have to be disposed of in the event of a positive result; or

(b) dispose of them in accordance with Annex 3.

(2) For the purposes of Annex 3, if a positive result is received for a sampled animal, the occupier must immediately dispose of—

(a) the carcase and all parts of the body of that animal (including the blood and the hide), and

(b) unless a derogation has been granted under Annex 3, the carcase and all parts of the body (including the blood and the hide) of the animal immediately preceding that animal on the slaughter line and the two animals immediately following it,

in accordance with Annex 3.

(3) If no sample has been sent to, or no sample has been received by, an approved testing laboratory in accordance with paragraph 9, or if an insufficient test result is received, in respect of an animal required to be tested under this Schedule, the occupier must immediately dispose of—

(a) the carcase and all parts of the body (including the blood and the hide) of that animal, and

(b) unless a derogation has been granted under Annex III, the carcase and all parts of the body (including the blood but not the hide) of the animal immediately preceding that animal on the slaughter line and the two animals immediately following it,

in accordance with Annex 3 and for the purposes of this sub-paragraph an “insufficient test result” means a certification by an approved laboratory that the sample sent to the laboratory was not of an adequate quality or was not of a sufficient quantity to obtain a test result.

(4) If a no-test result is received, in respect of an animal required to be tested under this Schedule, the occupier must immediately dispose of the carcase and all parts of the body (including the blood and the hide) of that animal in accordance Annex 3; and for the purposes of this sub-paragraph a “no-test result” means a negative result from a sample following multiple rapid testing where such testing was certified as necessary by an approved testing laboratory.

(5) The Secretary of State may grant in writing a derogation under Annex 3 if satisfied that the slaughterhouse operates a system that prevents contamination between carcases.

Brain stem sampling of ovine animals E+W

8.—(1) The Secretary of State must annually select slaughterhouses required to participate with the ovine survey requirement taking into account the factors set out in point 4 of Part 2 of Chapter A in Annex 3.

(2) The occupier of an ovine slaughterhouse that has been selected by the Secretary of State must comply with any notice requiring the occupier to—

(a) facilitate the taking of samples by a veterinary inspector from the brain stem of dead ovine animals to be tested at an approved testing laboratory in accordance with paragraph 9;

(b) ensure that an ovine carcase from which such sample has been taken remains identifiable and is retained separate from other ovine carcases until a negative test result for TSE has been reported to the occupier.

(3) Where a positive laboratory test result for TSE is reported to the occupier of a slaughterhouse in relation to a retained ovine carcase, the occupier must immediately dispose of the carcase and all parts of the body (including the blood and the hide) in accordance with the requirements in point 7.4 of Part 2 of Chapter A in Annex 3.

Approval of TSE testing laboratories E+W

9.—(1) The Secretary of State must approve laboratories to test samples taken under [F1 these Regulations] if satisfied that the laboratory—

(a) will carry out the testing in accordance with Chapter C of Annex 10, and

(b) has adequate quality control procedures in place, which include being able to accurately identify the correct identification of the samples and notification of test results.

[F2 (2) A laboratory approved under corresponding legislation elsewhere in the United Kingdom is treated as an approved testing laboratory.]

Textual Amendments

F1 Words in Sch. 2 para. 9(1) inserted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 55

F2 Sch. 2 para. 9(2) substituted (31.12.2020) by The Animal By-Products and Transmissible Spongiform Encephalopathies (England) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1120), regs. 1(1), 3(2); 2020 c. 1, Sch. 5 para. 1(1)

Compensation payable to person responsible for slaughter E+W

10.—(1) If an animal slaughtered for human consumption tests positive for a TSE under this Schedule, the Secretary of State must pay to the occupier of the slaughterhouse or other place of slaughter compensation for the carcase and all parts of the bovine or ovine body (including the blood and the hide).

(2) The compensation payable to the occupier for bovine and ovine carcases is the market value, which is the price that would reasonably be expected to have been obtained for the animal from a buyer in the open market at the time of the valuation, and on the assumption that the animal was not affected by a TSE.

(3) In the case of a bovine animal that is destroyed because of a post mortem positive result, the Secretary of State must additionally pay to the occupier market value compensation for the bovine carcase immediately preceding it on the slaughter line, and the two carcases immediately following it if they need to be destroyed.

(4) If a market value cannot be agreed the valuation must be established in accordance with the procedure laid down in regulation 12(3) to (8) (reading the word “occupier” wherever “owner” is mentioned in those paragraphs).

(5) In the case of a valuation under sub-paragraph (4) the occupier must pay any valuation fee arising.