The Bovine Spongiform Encephalopathy (Amendment) Order 1996

Amendment to the Bovine Spongiform Encephalopathy Order 1996

2.—(1) The Bovine Spongiform Encephalopathy Order 1996(1) shall be amended in accordance with this article.

(2) In article 4(1), the definition of “rendering” shall be replaced by the following—

““rendering” means subjecting any material at a rendering, fishmeal or other plant to any of the systems of treatment or procedures mentioned in Schedule 4 to the Animal By-Products Order 1992(2);”.

(3) Article 13(2) shall be replaced by the following—

“(2) Subject to paragraph (6) below, no person shall undertake any production using any mammalian meat and bone meal or any MBM product on premises where any feeding stuff for livestock is produced, and no person shall sell any mammalian meat and bone meal or MBM product there, unless (in each case)—

(a) the ingredients of the feeding stuff for livestock are stored, and the feeding stuff is produced, in a separate building from that in which any mammalian meat and bone meal or MBM product is stored, used or sold;

(b) (except as provided by sub-paragraph (d) below) all feeding stuff for livestock is stored in a separate building from that in which any mammalian meat and bone meal or MBM product is stored, used or sold;

(c) no equipment or vehicle used in the production of the feeding stuff for livestock comes into contact with any mammalian meat and bone meal, any MBM product of any ingredient or equipment used with mammalian meat and bone meal or an MBM product; and

(d) where mammalian meat and bone meal or an MBM product is sold, any feeding stuff for livestock stored in the same building as the mammalian meat and bone meal or MBM product is stored there solely for the purpose of being sold in that building and either—

(i) the mammalian meat and bone meal or MBM product is stored in a place which is physically separated from any place where the feeding stuff for livestock is stored; or

(ii) both the feeding stuff for livestock and the mammalian meat and bone meal or MBM product are securely packaged with no spillage or leakage taking place.”.

(4) In article 13(3)(b), after the word “produced”, the words “except as permitted under paragraph (2) above” shall be inserted.

(5) In article 13(3)(c), after the word “produced”, the words “and no livestock are kept” shall be inserted.

(6) In article 15(1), after the word “found”, the words “in contravention of Article 13(3) or (4) above” shall be inserted.

(7) In article 16, after paragraph (6), the following paragraph shall be inserted—

“(7) No person shall be required to keep any record relating to the consignment or transport of mammalian meat and bone meal otherwise required by any of paragraphs (1) to (5) above where the consignment or transport follows the retail sale of the meal, and no person receiving a consignment for the purpose of selling it by retail shall be required to keep any record otherwise required by paragraph (2) or (3) above, provided that in either case—

(a) the meal is contained in sealed packages each weighing not more than 26 kilogrammes;

(b) the packages containing the meal are presented as containing a fertiliser solely for use permitted under the Fertilisers (Mammalian Meat and Bone Meal) Regulations 1996(3); and

(c) (in the case of a consignment by retail sale) the consignment consists of not more than 104 kilogrammes of meal.”.

(1)

S.I. 1996/2007.

(2)

S.I. 1992/3303. Schedule 4 was amended by S.I. 1996/827.

(3)

S.I. 1996/1125, as amended by S.I. 1996/2473.