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Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999

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Requirements imposed on the operator of an establishment approved under regulation 12(2)

13.—(1) The operator of an establishment approved under regulation 12(2) shall ensure that—

(a)any person employed by him, or any person invited to the establishment, complies with the requirements of these Regulations relating to the approval of the establishment; and

(b)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 in relation to the establishment and that he is given such reasonable assistance and access to such records (including any records held in electronic form) as he may at any reasonable time require for that purpose.

(2) The operator of any establishment approved under regulation 12(2) shall ensure that, in respect of the preparation at the establishment of any export eligible goods—

(a)each stage of their preparation takes place under official supervision;

(b)where the establishment is approved as an export dedicated establishment, the methods of operation for the preparation of export eligible goods comply with the requirements set out in column (1) of Schedule 2 in accordance with the determination made by the Department under regulation 12(3)(e) as to the application of those requirements to the establishment; and

(c)where the establishment is approved as an establishment other than an export dedicated establishment, the methods of operation for the preparation of foreign origin export eligible goods comply with the requirements of column (1) of Schedule 3 in accordance with the determination made by the Department under regulation 12(3)(f) as to the application of those requirements to the establishment.

(3) The operator of an establishment approved under regulation 12(2) shall ensure that all export eligible goods prepared there, other than—

(a)foreign origin export eligible goods, DBES goods or ECHS goods destined for placing on the market in the United Kingdom; or

(b)food for domestic carnivores (whether or not destined for placing on the market in the United Kingdom),

are marked or labelled with an additional mark before a relevant despatch of the goods from the establishment.

(4) In paragraph (3) a “relevant despatch” of goods is—

(a)a despatch of the goods from the establishment in question for the purpose of a despatch of the goods from Northern Ireland to a member State or a third country;

(b)a despatch of the goods from the establishment in question to any establishment approved under these Regulations for the purpose of a despatch of the goods from that establishment, or subsequently from any other such establishment, from Northern Ireland to a member State or a third country; or

(c)a despatch of the goods from the establishment in question to any export dedicated establishment, whether or not for the purpose of despatch from that establishment, or subsequently from any other such establishment, from Northern Ireland to a member State or a third country.

(5) The operator of an establishment approved under regulation 12(2) shall not mark any goods with an additional mark other than those required to be so marked under paragraph (3).

(6) The operator of an establishment approved under regulation 12(2) shall ensure that no products of animal origin derived from DBES eligible animals or ECHS animals, other than export eligible goods, are produced at the establishment.

(7) The operator of an establishment approved under regulation 12(2) shall ensure that all export eligible goods—

(a)are stored in cold stores in chambers which are not used at the same time for storing any bovine products, by-products or materials which do not comply with the conditions set out in Articles 6 and 7 and 9 to 13 of the Council Decision and are kept locked, under the seal of a veterinary inspector or a person acting under his authority, when any veterinary inspector or any person acting under the authority of a veterinary inspector is not present; and

(b)are despatched from the establishment in means of transport, or in a lockable chamber or lockable container, for the purpose of being carried on any means of transport, sealed by a veterinary inspector or a person acting under his responsibility.

(8) The operator of an establishment approved under regulation 12(2) shall ensure that all foreign origin export eligible goods or foreign origin bovine by-products are unloaded, processed or treated, stored, handled, loaded and transported separately, or at different times, from bovine products which do not comply with the conditions set out in Articles 6 and 7 and 9 to 13 of the Council Decision.

(9) The operator of an establishment at which any foreign origin bovine by-products are produced shall ensure that the establishment, and the suitability of the by-products for use in human food, animal feed, cosmetics or medical or pharmaceutical products, is clearly indicated, either by means of a label affixed to the by-product, or on its packaging or in a document accompanying the by-product.

(10) A person, other than a veterinary inspector or a person acting under his responsibility, shall not—

(a)apply any additional mark on any ECHS goods, DBES goods or relevant goods; or

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

(11) A person shall not produce, modify, store, 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.

(12) The operator of an establishment approved under regulation 12(2) shall ensure that at any time an instrument, label, packaging or official seal referred to in paragraph (11) 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.

(13) The operator of an establishment approved under regulation 12(2) shall ensure that, in respect of any export eligible goods prepared at that establishment which are destined for placing on the market in the United Kingdom, and which bear any additional mark, that the 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.

(14) The operator of an establishment approved under regulation 12(2) shall give the Department written notice of, and shall obtain its agreement to, any material change he intends to make to any of the facilities or processes used at that establishment in the preparation of foreign origin export eligible goods, DBES goods or ECHS goods before making any such change.

(15) The operator of an establishment approved under regulation 12(2) shall give the Department written notice of any material change he intends to make—

(a)to the suppliers of the materials used by him at the establishment in the manufacture of foreign origin bovine by-products; or

(b)to any facilities, processes or methods of operation used at that establishment in the production of any foreign origin bovine by-products,

before making any such change.

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