Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002

Retention, seizure and disposal of carcases etc. of TSE susceptible animals

8.—(1) This regulation applies where the Department is satisfied that, for any purpose connected with the administration or enforcement of the annual programme of monitoring under Article 6 of the Community TSE Regulation, it is necessary –

(a) to require an occupier of premises to retain on the premises, under the direction of the Department, a carcase of a TSE susceptible animal, any part of such a carcase or any blood derived from any such carcase or part of a carcase; or

(b) to seize from any premises the carcase of a TSE susceptible animal, any part of such a carcase or any blood derived from any such carcase or part of a carcase.

(2) For any such purpose an inspector may –

(a) direct the occupier of the premises to retain on the premises a carcase of a TSE susceptible animal, any part of such a carcase or any blood derived from any such carcase or part of a carcase; or

(b) seize or dispose of –

(i) any carcase of a TSE susceptible animal from any premises, or any part of such a carcase, whether or not it is a carcase or part of a carcase which the occupier has been required to retain under the direction of an inspector; or

(ii) any blood derived from a carcase of a TSE susceptible animal or any part of such a carcase, whether or not the carcase or part of the carcase from which the blood is derived has been required to be retained under the direction of an inspector or has been seized by an inspector.

(3) Directions, under this regulation, from an inspector to an occupier requiring him to retain a carcase, part of a carcase or blood derived from any carcase or part of a carcase may include directions in relation to the treatment, storage and disposal of the carcase, part of the carcase or blood derived from it.

(4) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given except where the Department is satisfied that it is not proportionate for that person to bear some or all of that expense.

(5) Where the Department is satisfied that it is not proportionate for a person to whom a direction is given to bear some or all of the expense of complying with the direction, it shall give notice to that person of the expense, if any, which it is satisfied the person should bear.

(6) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with at the expense of the person to whom the direction is given.