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

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Prohibitions and restrictions on the despatch of live bovine animals and the products derived therefrom

3.—(1) Subject to paragraph (2), a person shall not despatch from Northern Ireland to a member State or a third country, bring to any place in Northern Ireland for the purposes of such despatch or consign for the purposes of such despatch any—

(a)live bovine animal or bovine embryo;

(b)meat meal, bone meal or meat and bone meal derived from any mammal; or

(c)animal feed or fertilisers containing such material.

(2) Nothing in paragraph (1) shall prohibit—

(a)the despatch from Northern Ireland;

(b)the bringing to any place in Northern Ireland for the purposes of such despatch; or

(c)the consignment for the purposes of such despatch,

of any food for domestic carnivores by reason only that such food contains meat meal, bone meal or meat and bone meal derived from any mammal, provided that those materials originate outside the United Kingdom and that each stage of the preparation of the food which takes place in the United Kingdom is carried out in accordance with the relevant provisions of these Regulations.

(3) Subject to paragraphs (4) and (7), a person shall not despatch from Northern Ireland to a member State or third country or bring to any place in Northern Ireland for the purposes of such despatch or consign for the purposes of such despatch any—

(a)meat derived from a bovine animal slaughtered in the United Kingdom;

(b)product obtained from a bovine animal slaughtered in the United Kingdom which is liable to enter the human food or animal feed chain;

(c)material derived from a bovine animal slaughtered in the United Kingdom which is destined for use in medical or pharmaceutical products.

(4) The prohibitions in paragraph (3) shall not apply in relation to any controlled bovine by-product where—

(a)it was produced in accordance with regulation 4(1); and

(b)on a label affixed to the by-product, or in documentation accompanying it, there is a clear indication of the establishment in which it was produced and its suitability for use for human food, animal feed, or cosmetic, medical or pharmaceutical products.

(5) A person shall not despatch from Northern Ireland to a member State or to a third country or bring to any place in Northern Ireland for the purposes of such despatch or consign for the purposes of such despatch a controlled bovine by-product of any type produced in an establishment registered under regulation 4(2) unless—

(a)an inspection has been carried out of the system of official controls established in relation to those premises for the purposes of Article 4(5) of the Council Decision; and

(b)in the case of any by-product referred to in paragraphs (a) to (c) of the definition of “controlled bovine by-product” in regulation 2(2)—

(i)it is accompanied by a health certificate issued by a veterinary inspector stating that it was produced in compliance with the conditions set out in Annex I to the Council Decision and attesting to the frequency of the official controls carried out in relation thereto; and

(ii)the Commission of the European Communities has set the date referred to in Article 4(6) of the Council Decision for controlled bovine by-products of that type; and

(c)in the case of any by-product referred to in paragraphs (a) and (c) of the definition of “controlled bovine by-product” in regulation 2(2), the Commission of the European Communities has set the date referred to in Article 4(6) of the Council Decision.

(6) A person shall not despatch from Northern Ireland to a member State or to a third country or bring to any place in Northern Ireland for the purposes of such despatch or consign for the purposes of such despatch any controlled bovine by-product referred to in Article 5 of the Council Decision unless, on a label affixed to the by-product, or in documentation accompanying it, there is a clear indication of the establishment in which it was produced and its unsuitability for use for human food, animal feed or cosmetic, medical or pharmaceutical products.

(7) The prohibitions in paragraph (3) shall not apply in relation to any eligible goods where—

(a)the eligible animals from which the goods have been derived were slaughtered in a slaughterhouse registered under regulation 7(1);

(b)each stage of the preparation of those goods which took place in the United Kingdom took place in an establishment in Northern Ireland approved by the Department under regulation 8(2) and in accordance with the requirements of that regulation;

(c)each stage of the preparation of those goods which took place in Northern Ireland took place under the control of a veterinary surgeon appointed for the purpose by the Department;

(d)in the case of fresh meat, they are accompanied by a health certificate issued by the veterinary surgeon in control of their production which—

(i)states that the goods comply with the conditions referred to in Articles 9 to 13 of the Council Decision;

(ii)identifies the establishments in which they were prepared; and

(iii)in the “Identification of Meat” section of the health certificate referred to in Annex IV to Council Directive 64/433/EEC, bears the words “produced in accordance with Council Decision 98/256/EC” and identifies all the labels affixed to the goods and their serial numbers;

(e)in the case of other goods, they are accompanied by a health certificate issued by the veterinary surgeon in control of their production which—

(i)states that the goods comply with the conditions referred to in Articles 9 to 13 of the Council Decision;

(ii)identifies the establishments in which they are were prepared; and

(iii)identifies all the labels affixed to the goods and their serial numbers;

(f)in the case of fresh meat, they are obtained in accordance with Article 6(2) of the Council Decision;

(g)in the case of minced meat, meat preparations and meat products, they are obtained in accordance with Article 6(3) of the Council Decision; and

(h)the goods are dispatched in accordance with the relevant provisions of the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1993(1).

(8) A person shall not despatch to a member State or to a third country or bring to any place in Northern Ireland for the purposes of such despatch or consign for the purposes of such despatch any relevant goods unless—

(a)each stage of the preparation of those goods which took place in the United Kingdom took place in an establishment approved—

(i)by the Department under regulation 8(2); or

(ii)in the case of a stage of preparation taking place in Great Britain, under regulation 7 of the Great Britain Regulations,

and in accordance with the requirements of those regulations;

(b)(except in the case of goods referred to in paragraph (d)(ii) of the definition of “relevant goods” in regulation 2(2)), each stage of the preparation of those goods which took place in the United Kingdom was under the control of a veterinary surgeon appointed for the purpose by the Department or, in the case of a stage of preparation taking place within Great Britain, by a Minister of the Crown;

(c)in the case of goods referred to in paragraph (d)(ii) of the definition of “relevant goods” in regulation 2(2), each stage of the preparation of those goods which took place in the United Kingdom was under the control of an inspector appointed by the Department or, in the case of a stage of production taking place within Great Britain, by a Minister of the Crown;

(d)in the case of XAP relevant goods, the goods are accompanied by a health certificate issued by a veterinary surgeon appointed by the Department or, in the case of goods prepared in Great Britain, by a Minister of the Crown—

(i)stating that they were prepared in one or more establishments approved by the Department under regulation 8(2) or by a Minister of the Crown under regulation 7 of the Great Britain regulations, as the case may be, and identifying all such establishments;

(ii)stating that, in respect of the goods, the conditions referred to in Articles 9 to 13 of the Council Decision have been complied with;

(iii)identifying all labels, and their serial numbers, which relate to the goods; and

(iv)in the case of fresh meat, stating that the identity of all labels, and their serial numbers, relating to the goods has been stated in the “Identification of Meat” section of the certificate referred to in Annex IV to Council Directive 64/433/EEC relating to the goods and that the words “produced in accordance with Council Decision 98/256/EC” have been added to that and any other health certificate accompanying the goods;

(e)in the case of fresh meat, the health marks on the goods have not been removed;

(f)in the case of any goods referred to in paragraph (d) of the definition of “relevant goods” in regulation 2(2), there is a clear indication either on a label fixed to the goods or on their packaging or in documentation accompanying the goods—

(i)of the identity of the establishment in which the goods were produced; and

(ii)that the goods are suitable for use in human food, animal feed, cosmetics or medical or pharmaceutical products; and

(g)the goods are dispatched in accordance with the relevant provisions of the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1993.

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