Regulation 5
1.—(1) For the purposes 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, or the body of any goat aged 18 months or over at death, must—
(a)within 24 hours from the time when the animal dies or was killed or the body comes into their possession or charge notify the Welsh Ministers; and
(b)detain it until it has been collected by or on behalf of the Welsh Ministers,
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.
2. If a bovine animal was born or reared in the United Kingdom before 1 August 1996, it is an offence—
(a)to consign it to a slaughterhouse for human consumption (whether the animal is alive or dead); or
(b)to slaughter it for human consumption in a slaughterhouse.
3.—(1) The occupier of a slaughterhouse in which a bovine animal specified in point 2(1) or 2(2) of Part I of Chapter A of Annex III to the Community TSE Regulation is slaughtered must—
(a)take a sample comprising the brain stem for testing in accordance with point 1 of Chapter C of Annex X to the Community TSE Regulation;
(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,
and failure to do so is an offence.
(2) The Welsh Ministers must, by means of a notice, notify the occupier of a slaughterhouse if an animal comes into any of the categories specified in point 2(1) of Part I of Chapter A to Annex III to the Community TSE Regulation (except in the case of a dead animal consigned to a slaughterhouse with a written declaration from a veterinary surgeon that it falls into one of those categories).
(3) In accordance with point 5 of Part I of Chapter A of Annex III to the Community TSE Regulation, the Welsh Ministers may serve a notice on the occupier of a slaughterhouse requiring them to take a sample from any bovine animal slaughtered there and send it for testing in accordance with sub-paragraph (1).
4.—(1) The Welsh Ministers must approve laboratories to test samples taken under paragraph 3 if the Welsh Ministers are satisfied that the laboratory—
(a)will carry out the testing in accordance with Chapter C of Annex X to the Community TSE Regulation;
(b)has adequate quality control procedures; and
(c)has adequate procedures to ensure the correct identification of the samples and notification of the test results to the consigning slaughterhouse and to the Welsh Ministers.
(2) The Welsh Ministers may charge the fees set out in the following table for the initial approval and ongoing quality assessment of a laboratory—
| Fee(£) | |
|---|---|
| Initial approval | 29,770 |
| Annual proficiency testing and follow-up inspection for the first year after approval | 8,834 |
| Annual proficiency testing from the second year after approval | 4,135 |
| Single proficiency test (in the event of a failure in the annual proficiency testing) | 1,385 |
| Hourly rate of an inspector (for any additional inspections that are necessary to check for compliance with the matters set out at sub-paragraphs (1)(a) to (c)) | 87.24 |
[F1(3) An “approved testing laboratory(labordy profi cymeradwy)” means—
(a)a laboratory approved under this paragraph;
(b)a laboratory approved under corresponding legislation elsewhere in the United Kingdom;
(c)an EU National Reference Laboratory; or
(d)a diagnostic laboratory approved by a member State in accordance with Annex X to the Community TSE Regulation.]
Textual Amendments
F1Sch. 2 para. 4(3) substituted (9.8.2010) by The Transmissible Spongiform Encephalopathies (Wales) (Amendment) Regulations 2010 (S.I. 2010/1822), regs. 1(2), 2(2)
5.—(1) It is an offence for the occupier to use a slaughterhouse to slaughter for human consumption a bovine animal aged over 30 months unless the Welsh Ministers have approved the Required Method of Operation (“RMOP”) for that slaughterhouse and that occupier.
(2) The RMOP must, as a minimum—
(a)describe the procedures that will be followed to comply with Part 1 of this Schedule; and
(b)describe all the systems and procedures specified in Part 2 of this Schedule.
(3) The Welsh Ministers must approve the RMOP if the Welsh Ministers are satisfied that all the requirements of the Community TSE Regulation and these Regulations will be complied with, and the occupier must demonstrate this by means of an assessment of two days' duration in which animals are slaughtered (using bovine animals under 30 months old unless the slaughterhouse is operating for the purposes of Commission Regulation (EC) No 716/96 adopting exceptional support measures for the beef market in the United Kingdom M1).
(4) If a bovine animal aged over 30 months is slaughtered for human consumption other than in accordance with the RMOP, the occupier of the slaughterhouse is guilty of an offence.
Marginal Citations
M1OJ No L 99, 20.4.96, p.14, as last amended by Commission Regulation (EC) No. 2109/2005 (OJ No L 337, 22.12.2005, p.25).
6.—(1) In relation to any sampled bovine animal, the occupier of a slaughterhouse, hide market or tannery must, for the purposes of point 6(3) of Part I of Chapter A of Annex III to the Community TSE Regulation 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 sub-paragraph (2).
(2) For the purposes of points 6(4) and 6(5) of that Part, 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 sub-paragraph (5), 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 point 6(4) of that Part.
(3) If no sample has been sent to an approved testing laboratory for testing in accordance with paragraph 3 of this Schedule, 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 sub-paragraph (5), 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 point 6(4) of that Part; and for the purposes of this sub-paragraph an “insufficient test result” means a certification by an approved testing 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 with point 6(4) of that Part; and for the purposes of this sub-paragraph a “no-test result” (“canlyniad dim prawf”) 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 Welsh Ministers may grant in writing a derogation under point 6(6) of Part I of Chapter A of Annex III to the Community TSE Regulation if the Welsh Ministers are satisfied that the slaughterhouse operates a system that prevents contamination between carcases.
(6) In relation to any sheep or goat selected for sampling, the occupier of a slaughterhouse, hide market or tannery must—
(a)for the purposes of point 7(3) of Part II of Chapter A of Annex III to the Community TSE Regulation, retain the carcase and all parts of the body (including the blood and the hide) pending receipt of the test result; and
(b)in the event of a positive result, immediately dispose of the carcase and all parts of the body (including the blood and the hide) in accordance with point 7(4) of that Part.
(7) In this paragraph the powers of an inspector may also be exercised by a person appointed as such in relation to a hide market or tannery by the Agriculture and Horticulture Development Board.
(8) Any person who fails to comply with sub-paragraphs (1) to (4) or (6) is guilty of an offence.
7.—(1) If an animal slaughtered for human consumption tests positive, the Welsh Ministers must pay compensation for the carcase and all parts of the body (including the blood and the hide) of—
(a)that animal; and,
(b)if they are destroyed because of that positive result, the animal immediately preceding it on the slaughter line and the two animals immediately following it.
(2) The compensation is the market value, established under the procedure in regulation 11, with the occupier paying any fee arising for nominating and employing a valuer.
(3) Compensation is not payable in any other case.
8.—(1) The RMOP (as defined in paragraph 5(1)) must describe the system that—
(a)enables bovine animals born or reared in the United Kingdom before 1 August 1996 to be identified and ensures that they are not slaughtered for human consumption;
(b)enables bovine animals over 30 months of age but born on or after 1 August 1996 to be identified and ensures that they are sampled in accordance with this Schedule; and
(c)enables bovine animals specified in point 2(1) of Part I of Chapter A of Annex III to the Community TSE Regulation to be identified and ensures that they are sampled in accordance with this Schedule.
(2) It must also describe the system that ensures that animals over 30 months of age are—
(a)batched together before slaughter separately from those aged 30 months or under; and
(b)slaughtered in batches separately from those aged 30 months or under.
9.—(1) The RMOP must show that there are —
(a)sufficient staff trained and competent in the taking, labelling, packaging and dispatch of brain stem samples;
(b)hygienic facilities for sampling; and
(c)sampling procedures that do not jeopardise the hygienic production of meat intended for human consumption.
(2) It must describe how health and safety guidelines designed to minimise the risk of exposure of staff to TSE during brain stem sampling and packaging will be complied with.
10. The RMOP must describe the system linking the brain stem sample of each bovine animal over 30 months of age to the carcase of that animal and all parts of the body of that animal (including the blood and the hide).
11. The RMOP must describe—
(a)the system that ensures that all carcases retained in accordance with paragraph 6(1) of this Schedule are retained either in a sealed or locked chiller or on a sealed or locked rail in an unsealed chiller pending the receipt of the test result;
(b)the system that ensures that the chronological order in which the animals were slaughtered can be determined; and
(c)how the occupier will ensure that there is suitable and sufficient chiller space for retaining carcases for the purposes of this Schedule.
12. The RMOP must describe the system that ensures that all parts of the body (including the blood and the hide) are retained in accordance with paragraph 6(1) of this Schedule.
13. The RMOP must describe the disposal route for all carcases and all parts of the body (including the blood and the hide) retained pending receipt of a test result but disposed of before the test result is received.
14. The RMOP must describe the systems in place that ensure that—
(a)brain stem samples are packaged in accordance with packaging instructions P650 of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1st January 2005) M2;
(b)test results are received, either by fax or by other electronic means; and
(c)everything required to be disposed of in accordance with point 6(4)or 6(5) of Part I of Chapter A of Annex III to the Community TSE Regulation or under paragraph 6(2), 6(3) or 6(4) of this Schedule is identified and disposed of accordingly.
Marginal Citations
M2ISBN 92-1-139097-4.
15. The RMOP must describe the system that ensures that, in the case of a bovine animal for which a negative test result has been received—
(a)those parts of the vertebral column that are specified risk material are not removed in the slaughterhouse; and
(b)the meat containing that specified risk material is consigned to a cutting plant authorised under paragraph 12(1)(a) of Schedule 7 to remove it.