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Specified Bovine Material Order (Northern Ireland) 1997

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Interpretation

2.—(1) In this Order—

“animal protein” means any protein material which is derived from the carcase of any kind of mammal except man but does not include:

(a)milk or any milk product;

(b)dicalcium bone phosphate;

(c)dried plasma or any other blood product;

(d)gelatin; or

(e)amino acids produced from hides and skins by a process which involves exposure of the material to acid of pH lower than 2 followed by alkali of pH greater than 11 and heat treatment at a minimum 140°C for 30 minutes at a pressure of 3 bar;

“approved disinfectant” means a disinfectant for the time being approved by the Department under the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972(1);

“collection centre” means any premises licensed by the Department under Article 5(1) for the purpose of storing and handling specified bovine material;

“feedingstuff” shall mean feedingstuff as defined in section 66(1) of the Agriculture Act 1970(2);

“fertilizer” shall have the meaning assigned to it by the Agriculture Act 1970(2);

“intestines” means that part of the digestive tract of a bovine animal from the junction of the abomasum and duodenum to (and including) the rectum;

“livestock” means any creature kept for the production of food, wool, skin or fur or (excluding a dog) for use in the farming of land;

“mammalian meat and bone meal” means mammalian protein derived from the whole or part of any dead mammal by rendering;

“MBM product” means any product containing mammalian meat and bone meal;

“rendering plant” means any premises licensed by the Department under Article 6(1) for the purposes of receiving and processing specified bovine material, other than manufacturing premises not connected with food and feedingstuffs;

“premises” means all contiguous land and buildings occupied by a person, together with other land or buildings occupied by that person which use equipment in common with the contiguous land;

“production” includes the manufacture, mixing or packaging of any product, together with ancillary storage and transport operations;

“rendering” means subjecting animal by-products at a rendering, fishmeal or other plant to any of the systems of treatment or procedures mentioned in Schedule 4 of the Animal By-Products Regulations (Northern Ireland) 1993(3);

“scheme animal” means a bovine animal—

(a)

which has been slaughtered pursuant to the purchase, slaughter and disposal scheme introduced under Commission Regulation (EC) No. 716/96(4) adopting exceptional support measures for the beef market in the United Kingdom; or

(b)

which, being an animal which has been exposed to the infection of bovine spongiform encephalopathy, the Department has caused to be slaughtered in accordance with the provisions of paragraph 10A of Part I of Schedule 2 to the Diseases of Animals (Northern Ireland) Order 1981(5);

“securely packaged” in relation to any material means that the material is contained in a sealed bag or other container from which no part of it can escape, and which is made of such a material and in such a manner that any damage which may forseeably be sustained in normal handling and storage operations would not permit the escape of any material from that bag or container;

“sell” includes have in possession for sale or offer or expose for sale;

“specified bovine material” means—

(a)

subject to paragraph (d) of this definition, the head (including the brain but excluding the tongue), spinal cord, spleen, thymus, tonsils and intestines of a bovine animal six months old or over which has died in the United Kingdom or has been slaughtered there;

(b)

the thymus and intestines of a bovine animal two months old or over but less than six months old which has died in the United Kingdom or has been slaughtered there;

(c)

the thymus and intestines of a bovine animal under two months old which has been slaughtered in the United Kingdom for human consumption;

(d)

subject to paragraph (2), the head (including the brain and the tongue), spinal cord, spleen, thymus, tonsils and intestines of a scheme animal; and

(e)

specified solid waste;

and includes anything left attached to such material after dissection of the carcase and any animal matter which comes into contact with the material after it has been removed from the carcase, but does not include a whole carcase;

“specified solid waste” means any solid matter resulting from the slaughter of bovine animals or from the subsequent processing of their carcases which is collected in any part of the drainage system draining any place where specified bovine material is handled;

“storage unit” means all contiguous land occupied by a person whose business includes the storage of feedingstuffs (including storage as an ancillary activity to retail sale), and all other land and buildings occupied by that person which use any equipment in common with the contiguous land except such land or buildings forming part of or constituting a production unit;

“tallow” means fat derived from animal tissues by a process of cooking;

“the 1981 Order” means the Diseases of Animals (Northern Ireland) Order 1981;

“the SBMTD Regulations” means the Specified Bovine Material (Treatment and Disposal) Regulations (Northern Ireland) 1997(6).

(2) The provisions of Articles 8, 9(1)(e) and 12 shall not apply to specified bovine material from scheme animals.

(3) For the purposes of this Order, material shall be treated as a feedingstuff whether it is used or intended for use as a feedingstuff by itself or as an ingredient or additive in something which is so used or intended for such use.

(2)

1970 c. 40. Section 66 as substituted by regulation 20 of the Feeding Stuffs Regulations (Northern Ireland) 1995 (S.R. 1995 No. 451); regulation 3 of those Regulations prescribes descriptions of animals for the purpose of the definition

(4)

O.J. No. L99, 19.4.96, p. 14, to which there are amendments not relevant to this Order

(5)

Paragraph 10A was inserted into S.I. 1981/1115 (N.I. 22) by S.R. 1990 No. 135

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