The Transmissible Spongiform Encephalopathies (Wales) Regulations 2018

Regulation 6(f)

SCHEDULE 7 Specified risk material, mechanically separated meat and slaughtering techniques

Appointment of the Food Standards Agency as the competent authority

1.  The Food Standards Agency must carry out the duties placed on the Member State in point 11.1 and point 11.2 of Annex V in relation to this Schedule and may grant authorisations to a cutting plant for the removal of spinal cord of ovine and caprine animals.

Training

2.  The occupier of any slaughterhouse or cutting plant where specified risk material is removed must—

(a) ensure that staff receive any training necessary to ensure that the occupier complies with the occupier’s duties under this Schedule; and

(b) keep records of each person’s training for as long as that person works there,

and failure to do so is an offence.

Mechanically separated meat

3.—(1) Any person who fails to comply with point 5 of Annex V (measures concerning mechanically separated meat) commits an offence.

(2) Any person who uses any mechanically separated meat produced in contravention of that point in the preparation of any food for sale for human consumption or of any feedingstuffs commits an offence.

Pithing

4.  Any person who fails to comply with point 6 of Annex V (measures concerning laceration of tissues) commits an offence.

Tongue harvesting

5.  Any person who fails to comply with point 7 of Annex V (harvesting of tongues from bovine animals) commits an offence.

Head meat harvesting

6.  Any person who fails to comply with point 8 of Annex V (harvesting of bovine head meat) commits an offence.

Removal of specified risk material

7.—(1) Any person who removes specified risk material at any premises or place other than premises or a place where that specified risk material may be removed in accordance with Annex V commits an offence.

(2) In the case of a cutting plant, it is an offence to remove—

(a) any part of the vertebral column that is specified risk material from any bovine animal unless the plant is authorised under paragraph 13(1)(a); or

(b) the spinal cord from any ovine or caprine animal aged over 12 months at slaughter, or that has a permanent incisor erupted through the gum, unless the plant is authorised for the purpose of such removal under paragraph 13(1)(b).

Bovine animals in a slaughterhouse

8.—(1) When a bovine animal is slaughtered in a slaughterhouse or the carcase of a bovine animal is transported to a slaughterhouse following emergency slaughter elsewhere, the occupier of the slaughterhouse must remove all specified risk material from the carcase (other than those parts of the vertebral column that are specified risk material) as soon as is reasonably practicable after slaughter and in any event before post-mortem inspection.

(2) The occupier must—

(a) as soon as reasonably practicable after post-mortem inspection, consign any offal that has been removed from the carcase and that contains or is attached to specified risk material to an appropriate area of the slaughterhouse; and

(b) as soon as reasonably practicable after the offal is consigned there and in any event before the offal is removed from the slaughterhouse, remove the specified risk material.

(3) The occupier must as soon as is reasonably practicable after slaughter, consign any meat containing those parts of the vertebral column that are specified risk material to—

(a) a cutting plant authorised under paragraph 13(1)(a);

(b) a cutting plant located in another part of the United Kingdom and authorised under the corresponding provision applicable in that part; or

(c) another Member State in accordance with point 10.2 of Annex V.

(4) The occupier must identify meat containing vertebral column that is not specified risk material in accordance with point 11.3(a) of Annex V and provide information in accordance with point 11.3(b) of that Annex.

(5) The occupier must label carcasses or wholesale cuts containing vertebral column in accordance with point 11.3(a) of Annex V.

(6) Failure to comply with this paragraph is an offence.

Ovine and caprine animals in a slaughterhouse

9.—(1) When an ovine or caprine animal is slaughtered in a slaughterhouse or the carcase of an ovine or caprine animal is transported to a slaughterhouse following emergency slaughter elsewhere, the occupier of the slaughterhouse must remove all specified risk material from the carcase (other than the spinal cord) as soon as is reasonably practicable after slaughter and in any event before post-mortem inspection.

(2) The occupier must—

(a) as soon as reasonably practicable after post-mortem inspection, consign any offal that has been removed from the carcase and that contains or is attached to specified risk material to an appropriate area of the slaughterhouse; and

(b) as soon as reasonably practicable after the offal is consigned there and in any event before the offal is removed from the slaughterhouse, remove the specified risk material.

(3) In the case of an ovine or caprine animal aged over 12 months at slaughter, or that has a permanent incisor erupted through the gum, the occupier must as soon as is reasonably practicable after slaughter—

(a) remove the spinal cord at the slaughterhouse without delay following the post-mortem inspection; or

(b) send the meat to—

(i) a cutting plant authorised under paragraph 13(1)(b);

(ii) a cutting plant located in another part of the United Kingdom and authorised under the corresponding provision applicable in that part; or

(iii) in accordance with point 10.1 of Annex V, a cutting plant located in another Member State.

(4) Failure to comply with this paragraph is an offence.

Bovine, ovine and caprine animals in other places of slaughter

10.—(1) When a bovine, ovine or caprine animal is slaughtered in a place that, for the purposes of point 4.1(a) of Annex V, is an other place of slaughter, the person carrying out the slaughter must remove all specified risk material as soon as is reasonably practicable after slaughter.

(2) Failure to comply with this paragraph is an offence.

Young lamb and goat stamps

11.—(1) An inspector may stamp an ovine or caprine animal in a slaughterhouse with a young lamb stamp or a young goat stamp respectively if the animal does not have a permanent incisor erupted through the gum and the documentation, if any, relating to the animal does not indicate that it is aged over 12 months at slaughter.

(2) The stamp must mark the meat with a circular mark 5 centimetres in diameter with the following in capital letters 1 centimetre high—

(a) “MHS”; and

(b) in the case of—

(i) an ovine animal, “YL”; or

(ii) a caprine animal, “YG”.

(3) It is an offence for any person other than an inspector to apply the stamp or a mark resembling the stamp, or to possess the equipment for applying it.

(4) It is an offence to mark an ovine animal or caprine animal with a stamp that is or resembles a young lamb stamp or a young goat stamp unless it is an animal permitted to be marked in accordance with sub-paragraph (1).

Removal of spinal cord from ovine and caprine animals

12.—(1) It is an offence to remove the spinal cord or any part of it from an ovine or caprine animal aged over 12 months at slaughter or that had one or more permanent incisors erupted through the gum (other than for the purposes of veterinary or scientific examination) except by—

(a) longitudinally splitting the whole vertebral column;

(b) removing a longitudinal section of the whole vertebral column including the spinal cord; or

(c) an alternative method approved in accordance with sub-paragraph (2).

(2) The Food Standards Agency may approve an alternative method of removal at a specified holding provided that the occupier of the holding demonstrates to the satisfaction of the Agency that—

(a) the method is appropriate to achieve the objectives of the EU TSE Regulation;

(b) the equipment used to carry out the removal is fully effective; and

(c) the persons using the equipment are properly trained and skilled in its use and maintenance.

Authorisation of cutting plants by the Food Standards Agency

13.—(1) If the Food Standards Agency is satisfied that the provisions of Annex V and this Schedule will be complied with, the Agency may authorise a cutting plant to—

(a) remove those parts of the vertebral column of bovine animals that are specified risk material; or

(b) remove the spinal cord from ovine and caprine animals aged over 12 months at slaughter, or that have a permanent incisor erupted through the gum; or

(c) harvest the head meat from bovine animals in accordance with point 9 of Annex V.

(2) The procedures in regulations 7, 9, 10 and 11 apply, but all references to the Welsh Ministers must be construed as references to the Food Standards Agency.

Removal of specified risk material at a cutting plant authorised under paragraph 13(1)

14.  The occupier of a cutting plant authorised under paragraph 13(1) commits an offence if that occupier fails to, as soon as is reasonably practicable after the arrival at the plant of meat, and in any event before the meat is removed from the plant, remove from the meat all specified risk material of a kind to which the authorisation relates.

Carcases from a Member State

15.  For the purposes of point 10.1 and point 10.2 of Annex V, where a carcase containing those parts of the vertebral column of a bovine animal that are specified risk material is brought into Wales from a Member State, the importer must send it directly to a cutting plant authorised under paragraph 13(1)(a), and failure to do so is an offence.

Staining and disposal of specified risk material

16.—(1) The occupier of any premises where specified risk material is removed commits an offence if that occupier fails to comply with point 3 of Annex V (marking and disposal).

(2) For the purposes of that point—

(a) staining involves treating the material (whether by immersion, spraying or other application) with a blue colouring agent using a solution of such strength that the staining is clearly visible and remains visible after the specified risk material has been chilled or frozen; and

(b) the stain must be applied in such a way that the colouring is and remains clearly visible—

(i) over the whole of the cut surface and the majority of the head in the case of the head of an ovine or caprine animal; and

(ii) in the case of all other specified risk material, over the whole surface of the material.

Security of specified risk material

17.—(1) Pending consignment or disposal from the premises or place where it was removed, the occupier of the premises must ensure that specified risk material is adequately separated from any food, feedingstuff or cosmetic, pharmaceutical or medical product and held in an impervious covered container that is labelled as containing either—

(a) specified risk material; or

(b) Category 1 animal by-products and including the words “For disposal only”.

(2) The occupier must ensure that the container is thoroughly washed as soon as is reasonably practicable each time that it is emptied, and disinfected before use for any other purpose.

(3) Failure to comply with this paragraph is an offence.

Prohibition on the sale, supply or possession for sale or supply of specified risk material for human consumption

18.  It is an offence to sell, supply or possess for sale or supply—

(a) any specified risk material, or any food containing specified risk material, for human consumption; or

(b) any specified risk material for use in the preparation of any food for human consumption.