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Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1998

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Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

(2) In these Regulations—

  • “additional mark” in relation to relevant goods means any mark which conforms to the design set out in Schedule 3 and in relation to eligible goods means any mark which conforms to the design set out in Schedule 4 and which in either case, cannot be confused with the Community health mark;

  • “bovine animal” includes any animal of the species bubalis bubalis and bison bison;

  • “controlled bovine by-product” means—

    (a)

    an amino acid;

    (b)

    a peptide;

    (c)

    tallow;

    (d)

    tallow products; or

    (e)

    a product derived by saponification, transesterification or from tallow produced in an establishment which meets the conditions for registration under regulation 4(2),

    produced in the United Kingdom from any part of a bovine animal slaughtered in the United Kingdom and which is—

    (i)

    liable to enter the human food chain or animal feed chain; or

    (ii)

    destined for use in cosmetic, medical or pharmaceutical products;

  • “the Council Decision” means Council Decision 98/256/EC(2) concerning emergency measures to protect against bovine spongiform encephalopathy;

  • “the Department” means the Department of Agriculture;

  • “eligible animal” means any bovine animal slaughtered in Northern Ireland which satisfies the conditions set out in paragraphs 6 and 7 of Annex II to the Council Decision;

  • “eligible goods” means any fresh meat, minced meat, meat preparations or meat products where they were derived from eligible animals which originated in eligible herds;

  • “eligible herd” means a herd of bovine animals in Northern Ireland which satisfies the conditions set out in paragraphs 2 to 5 of Annex II to the Council Decision;

  • “the Great Britain Regulations” means the Bovines and Bovine Products (Trade) Regulations 1998(3);

  • “inspector” means any person appointed as such by the Department, any veterinary surgeon appointed under regulation 3(7)(c) or 8(b) or (d) or any veterinary inspector;

  • “member State” means any member State of the European Communities other than the United Kingdom;

  • “officer” means a person commissioned by the Commissioners of Customs and Excise;

  • “official seal” means a seal supplied by the Department;

  • “premises” includes any place, stall or moveable structure;

  • “prepare” in relation to any goods means the—

    (a)

    manufacture;

    (b)

    production;

    (c)

    processing or treatment (in whatever manner);

    (d)

    presentation, labelling or wrapping;

    (e)

    storage;

    (f)

    handling;

    (g)

    loading or unloading; or

    (h)

    transportation,

    of any such goods;

  • “relevant goods” means—

    (a)

    any fresh meat, minced meat, meat preparation or meat product;

    (b)

    any other product of animal origin within the meaning of Council Directive 77/99/EEC(4);

    (c)

    any food for domestic carnivores;

    (d)

    any—

    (i)

    gelatin, di-calcium phosphate, tallow, tallow products;

    (ii)

    product derived from tallow by saponification, transesterification or hydrolysis; or

    (iii)

    amino acid, peptide or collagen,

    which is liable to enter the human food chain or animal feed chain or is destined for use in cosmetics or medical or pharmaceutical products,

    obtained from a bovine animal which was not slaughtered in the United Kingdom;

  • “suspension notice” and “suspension order” shall be construed in accordance with regulation 15;

  • “third country” means any State which is not a member of the European Communities;

  • “vertebral column” includes any part thereof;

  • “XAP number” in relation to any establishment approved under regulation 8(2), means the number given to that establishment by an inspector for the purposes of that approval; and

  • “XAP relevant goods” means any relevant goods other than those described in paragraph (d) of the definition of “relevant goods” in this paragraph.

(3) In these Regulations—

(a)“fresh meat” has the same meaning as in Council Directive 64/433/EEC(5);

(b)“minced meat” and “meat preparations” have the same meaning as in Council Directive 94/65/EC(6); and

(c)“meat product” and “other products of animal origin” have the same meaning as in Council Directive 77/99/EEC.

(4) In these Regulations other expressions which are also used in Annex I to the Council Decision have the same meaning as in that Decision.

(5) Any reference in these Regulations to an instrument of the European Communities is a reference to that instrument as amended at the date of the coming into operation of these Regulations.

(2)

O.J. No. L113, 15.4.98, p. 32

(3)

S.I. 1998/1135

(4)

O. J. No. L26, 31.1.77, p. 85

(5)

Directive 64/433/EEC has been amended and consolidated by Directive 91/497/EEC (O. J. No. L268, 24.9.91, p. 96)

(6)

O. J. No. L368, 31.12.94, p. 10

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