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

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Approval of establishments for the purpose of despatch of eligible and relevant goods

8.—(1) A person shall not use any premises for any steps of the preparation of any—

(a)eligible or relevant goods of any type which are intended for despatch to a member State or third country unless he ensures that they are prepared in an establishment approved under paragraph (2) for the production of eligible or relevant goods of that type;

(b)relevant goods of a type referred to in paragraph (d) of the definition of that term in regulation 2(2) which are intended for placing on the market in the United Kingdom,

unless those premises are approved under paragraph (2).

(2) The Department shall approve an establishment for the purposes of paragraph (1) and of regulation 3(7)(b) or (8)(a)(i) if, and only if, following an inspection of that establishment by a veterinary inspector, it is satisfied that the operator—

(a)has put in place at the establishment a system for tracing through each stage of the preparation of eligible or relevant goods prepared there, the raw material used in their preparation, and that that system is adequate to ensure that it is possible to identify the origin of the raw material (including, in the case of eligible goods, the herd of origin of any animal from which they were derived) contained in the goods despatched from that establishment;

(b)has put in place in the establishment a system for the registration of all incoming and outgoing materials, and that that system is adequate to ensure that it is possible to cross-check consignments entering the establishment against those leaving it;

(c)will ensure that all eligible or relevant goods are unloaded, stored, handled, processed or treated, loaded and transported separately, or at different times, from products derived from bovine animals which do not comply with the conditions set out in Articles 9 to 12 of the Council Decision; or

(d)in the case of any eligible goods or any relevant goods referred to in paragraph (a) to (c) of the definition of that term in regulation 2(2), will ensure that—

(i)they are unloaded, stored, handled and loaded under official supervision;

(ii)they are stored in cold stores in chambers which are not used at the same time for storing any products derived from bovine animals which do not comply with the conditions set out in Articles 9 to 13 of the Council Decision and are kept locked under the seal of the veterinary inspector when he is not present;

(iii)they are transported in a means of transport sealed by a veterinary inspector or a person acting under his responsibility;

(e)in the case of eligible goods or any relevant goods referred to in paragraph (a) or (b) of the definition of that term in regulation 2(2), will ensure that they are marked with the additional mark;

(f)in the case of eligible goods, will ensure that they are produced in accordance with the relevant provisions of Article 6(2) and (3) of the Council Decision; and

(g)that any relevant or eligible goods prepared at the establishment which are destined for placing on the market in the United Kingdom do not bear the additional mark or, if they do, that the mark is removed or cancelled in accordance with paragraph (10).

(3) An application for the approval of any establishment under paragraph (2) shall be made in such form and shall contain such particulars as the Department may require.

(4) Any approval given in relation to an establishment under paragraph (2) which relates to the production of relevant goods shall be made subject to the conditions set out in Schedule 1.

(5) Any approval given in relation to an establishment under paragraph (2) which relates to the preparation of eligible goods shall be made subject to the conditions set out in Schedule 2.

(6) The operator of an establishment approved under paragraph (2) shall ensure that all eligible and relevant goods prepared there other than—

(a)goods destined for placing on the market in the United Kingdom; or

(b)goods referred to in paragraph (c) or (d) of the definition of “relevant goods” in regulation 2(2),

are marked or labelled with the appropriate additional mark at the time they are prepared.

(7) A person, other than a person acting under the responsibility of a veterinary inspector, shall not—

(a)apply any additional mark on any eligible or relevant goods; or

(b)possess or use the instruments or labels intended to be used in connection with any additional mark.

(8) A person shall not sell or otherwise offer, expose or advertise for sale or supply, or deposit with or consign to, any other person for the purpose of sale or supply—

(a)an instrument intended for the application of any additional mark;

(b)any label or packaging bearing any additional mark; or

(c)an official seal,

except in accordance with the instructions of a veterinary inspector.

(9) The operator of an establishment approved under paragraph (2) shall ensure that at any time an instrument, label, packaging or official seal referred to in paragraph (8) is delivered to him or to the establishment, or otherwise to his order, he notifies a veterinary inspector of the fact with a view to enabling that inspector, or a person acting under his responsibility—

(a)to put the instrument, label, packaging or seal into a store at the establishment maintained under the responsibility of the inspector; or

(b)in the case of the instrument, label or packaging to give instructions for the use thereof at the establishment in connection with any additional mark.

(10) The operator of an establishment approved under paragraph (2) shall ensure that, where any relevant goods prepared at that establishment which are destined for placing on the market in the United Kingdom, bear any additional mark, that mark is removed or cancelled at whichever of the following times first occurred, that is to say—

(a)at the time when, for any reason other than the removal of any additional mark, the goods can no longer be despatched from Northern Ireland to a place outside the United Kingdom in accordance with these Regulations; or

(b)at the time when the goods leave the establishment.

(11) The operator of an establishment approved under paragraph (2) shall ensure that—

(a)any person employed by him, or any person invited to the establishment complies with the provisions of this regulation relating to the approval of the establishment;

(b)at each stage of the preparation of eligible or relevant goods of any type at the establishment the provisions of these Regulations relating to the preparation of goods of that type are complied with; and

(c)any inspector, and any person acting under the responsibility of an inspector, is provided with adequate facilities so as to enable him to carry out his functions under these Regulations and that he is given such reasonable assistance and access to records as he may at any reasonable time require for the purpose.

(12) The operator of an establishment approved under paragraph (2) shall give the Department written notice of, and shall obtain its agreement to, any material change he intends to make—

(a)in the establishment which relates to the conditions specified in Schedule 1 to the Regulations and subject to which the establishment is approved; or

(b)to the facilities or processes used at the establishment in preparing eligible or relevant goods,

before making such a change.

(13) Where, in relation to any establishment approved under paragraph (2)—

(a)any requirement of that paragraph in relation to the approval of the establishment has not been complied with; or

(b)the operator has failed to give any notice that he was required to give or obtained any agreement he was required to have under paragraph (12),

the Department may withdraw the approval and, where it does so, it shall give notice to the operator of the establishment of that withdrawal and the reason for it.

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