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Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002

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Retention, seizure and disposal of carcases etc. of TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation

83.—(1) This regulation applies where the Department is satisfied that for any purpose connected with the administration or enforcement of Chapter IV 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; and

(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 from an inspector to an occupier under this regulation 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.

(4) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given, if so stipulated by the Department.

(5) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with and any costs reasonably incurred by an inspector in respect of such an arrangement shall be recoverable as a debt from the person who has failed to comply with the direction.

(6) Where a direction is in force under this regulation the requirements or conditions of which allow movement of any carcase of a TSE susceptible animal from premises on the authority of a licence issued by an inspector, an inspector may issue a licence for this purpose subject to such conditions as he considers necessary.

(7) Where a carcase is being moved under the authority of a licence issued under this Part the person in charge of the carcase being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a member of the Police Service of Northern Ireland, produce the licence and allow a copy or extract to be taken, and shall, on such demand, furnish his name and address.

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