Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002 No. 225

Regulations 9, 84, 93 and 94

SCHEDULE 1 COMPENSATION

Part I COMPENSATION FOR TSE SUSCEPTIBLE ANIMALS SLAUGHTERED UNDER REGULATIONS 6 OR 7

1.  The compensation payable for a TSE susceptible animal slaughtered under regulation 6 or 7 shall be an amount equal to the market value of the animal.

2.—(1) The market value of the animal shall be determined –

(a) by agreement between the Department and the owner of the animal and such agreement shall be final and binding on the Department and the owner;

(b) if the owner and the Department cannot agree, or fail to reach such agreement, by an independent valuer paid by the Department and selected by the owner from a list of at least three such independent valuers submitted by the Department to the owner; or

(c) if the owner refuses or neglects to select an independent valuer in accordance with sub-paragraph (b) by an independent valuer selected by the Department.

(2) An independent valuer selected in accordance with paragraph 1(b) or (c) shall give to the Department and the owner a certificate in writing of his valuation and such valuation shall be final and binding on the Department and the owner.

3.  Where an animal was certified by a veterinary surgeon before slaughter as–

(a) requiring slaughter for emergency reasons relating to the welfare of the animal;

(b) not fit for human consumption by virtue of its condition; and

(c) having no market value as a consequence,

there shall be no compensation payable for the animal.

Part II COMPENSATION FOR CARCASES, PARTS OF CARCASES OR BLOOD OF TSE SUSCEPTIBLE ANIMALS, SEIZED OR DISPOSED OF UNDER REGULATION 8

1.  Subject to paragraph 5, the compensation for any carcase, part of any carcase or any blood seized or disposed of under regulation 8 shall be an amount equal to the value of the carcase, part of the carcase or blood at the time it was seized or disposed of.

2.  The value of any carcase, part of any carcase or blood seized or disposed of under regulation 8 shall be determined –

(a) by agreement between the Department and the owner of the carcase, part of the carcase or blood seized or disposed of; or

(b) by arbitration.

3.  The owner of a carcase, part of a carcase or blood seized or disposed of under regulation 8 shall pay any reasonable costs or expenses incurred by the Department in connection with such seizure or disposal.

4.  These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part of the carcase or blood seized or disposed of.

5.  If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Department shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Department.

6.  The owner shall pay to the Department the amount of the excess within the period specified in the notice.

7.  On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Department from the owner.

Part III COMPENSATION FOR TSE SUSCEPTIBLE ANIMALS SLAUGHTERED UNDER REGULATIONS 81 OR 82

Compensation for sheep and goats

1.  The compensation payable for a sheep or a goat slaughtered under regulation 81 or 82 shall be as specified in paragraphs 2 and 3.

2.  Where an examination, at a veterinary laboratory of the Department, of tissues taken from the carcase of the sheep or goat confirms that it was an animal affected with a TSE, the compensation shall be –

(a) in the case of an animal at the end of its productive life, the amount of £30; and

(b) in the case of any other such animal, the amount of £90.

3.  Where an examination, at a veterinary laboratory of the Department, of tissues taken from the carcase of the sheep or goat does not confirm that it was an animal affected with a TSE, the compensation shall be whichever is the greater of –

(a) the amount which would be payable under paragraph 2 if the examination had confirmed it was an animal affected with a TSE; and

(b) such sum as appears to the Department, having regard to any evidence provided by the owner of the animal slaughtered, to reflect the market value of the animal, subject to a maximum sum of £400 for each animal.

Compensation for bovine animals

4.  The compensation payable for a bovine animal slaughtered under regulation 81 or 82 shall be as specified in the remaining paragraphs of this Part of this Schedule.

5.  Where examination, at a veterinary laboratory of the Department, of tissues taken from the carcase of an animal confirms that it was an animal affected with bovine spongiform encephalopathy, the compensation shall be either –

(a) the market value of the animal; or

(b) the indicative market price in respect of the month of the year in which the market value of the animal was determined rounded down to the nearest £1,

whichever is less.

6.  Where examination, at a veterinary laboratory of the Department, of tissues taken from the carcase of a suspected animal does not confirm that it was an animal affected with bovine spongiform encephalopathy, the compensation shall be either –

(a) the market value of the animal; or

(b) 125% of the indicative market price in respect of the month of the year in which the market value of the animal was determined rounded down to the nearest £1,

whichever is less.

7.  Where an exposed animal (other than an offspring animal) is slaughtered, the compensation shall be an amount equal to –

(a) in the case of a female animal, the market value, or 90% of the replacement value, of the animal, whichever is the greater; and

(b) in the case of a male animal, the market value of that animal.

8.  Where the Department causes 10% or more of the animals in a herd to be slaughtered as exposed animals (other than offspring animals), there shall be added to any compensation payable under paragraph 7, an amount equal to –

(a) the appropriate percentage of the appropriate sum; or

(b) 25% of that sum,

whichever is the less.

9.  For the purposes of paragraph 8, the appropriate sum in the case of any animal is the amount of compensation payable under paragraph 7 or £1000, whichever is the less.

10.  For the purposes of paragraph 8(a) –

(a) where 10% or more of the animals in a closed herd are slaughtered, the appropriate percentage is (10 + E × 1.5)%; and

(b) where 10% or more of the animals in any other herd are slaughtered, the appropriate percentage is (10 + E )%,

where E equals half of the percentage by which the number of animals slaughtered exceeds 10% of the number of animals in the herd.

11.  For the purposes of paragraphs 5 and 6 –

(a) the indicative market price in respect of each month of the year shall be calculated in accordance with the following formula –

where

• A is either 1 or the number of cattle aged less than 7 years when their market value was determined which were slaughtered in Northern Ireland in pursuance of regulation 81 or 82 during the month of the year (“the calculation month”) occurring two such months before the month for which the indicative market price is being calculated, whichever is the greater;

• B is the average price during the calculation month for commercial grade cows and in-calf heifers both of which are intended for use in the production of milk, such price to be calculated by dividing the total of the sales price paid for such animals in the returns for a 4 week period ending on the last Saturday of the calculation month by the total number of such animals shown in those returns to have been sold;

• C is either 1 or the number of cattle aged 7 years or more when their market value was determined which were slaughtered in Northern Ireland in pursuance of regulation 81 or 82 during the calculation month, whichever is the greater; and

• D is the average price paid during the calculation month for cull cows slaughtered in accordance with Commission Regulation (EC) 716/96 adopting exceptional support measures for the beef market in the United Kingdom(1),

the final figure being rounded down to the nearest £1;

(b) where, in respect of any calculation month, returns in respect of all the markets listed in paragraph 13(2) have not been furnished to the Department by the 15th day of the following month of the year –

(i) if returns have been so furnished in respect of 3 or more of those markets, the average price for commercial grade cows and in-calf heifers in respect of that calculation month shall be calculated in accordance with sub-paragraph (a) from the information shown in those returns;

(ii) in any other case, the average price for commercial grade cows and in-calf heifers in respect of that calculation month shall be the same as that for the most recent previous calculation month for which an average price was calculated in accordance with sub-paragraph (a).

12.  The Department shall take such steps as it considers appropriate for the purposes of bringing to the notice of persons concerned the indicative market price in respect of each month of the year and the total number of animals and the total sale price (and in the case of cull cows, the average price) on which the calculation of such indicative market price was based.

13.—(1) The following definitions apply for the purposes of this Part of this Schedule as it relates to compensation payable for bovine animals –

“closed herd” means a herd into which no female bovine animal has been introduced from any other herd since 15th October 1990;

“cull cows” means adult female bovine animals which have had one or more calves and which are being sold for immediate slaughter;

“exposed animal” means a bovine animal which has been exposed in any way to the infection of a TSE;

“herd” means –

(a)

all female bovine animals, which are in milk or in calf; and

(b)

all male bovine animals, which are or have been used for breeding purposes,

which are kept on the same holding, and are managed as a separate production unit at the time a notice confirming the Department’s intention to slaughter the animal is given to the keeper or other person in charge of the animal;

“market value” means –

(a)

in the case of a bovine animal aged 30 months or over, either–

(i)

the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not affected or suspected of being affected with bovine spongiform encephalopathy or, as the case may be, were not an exposed animal or an offspring animal; or

(ii)

the price which would have applied had the animal been slaughtered in accordance with Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom,

whichever is the higher, and

(b)

in the case of an animal 30 months old or under, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not affected or suspected of being affected with bovine spongiform encephalopathy or, as the case may be, were not an exposed animal or an offspring animal;

“replacement value” in relation to a female bovine animal means the value, at the time of valuation, of a bovine animal in its first lactation of the same breed and quality as the slaughtered bovine animal at the time of its valuation;

“return” means a document furnished to the Department by the person or persons operating a market at a place listed in sub-paragraph (2) which shows for a week ending on a Saturday the number of –

(a)

commercial grade cows and in-calf heifers, both of which are intended for use in the production of milk, sold at that market and the total sale price for such animals in that week at that market; and

(b)

cull cows for slaughter sold at that market and the total sale price for such animals in that week at that market;

“suspected animal” means a bovine animal which is suspected of being affected with bovine spongiform encephalopathy.

(2) A return shall be furnished to the Department within 7 days from the end of the week to which that return relates, by a person or persons operating a market in animals at any of the following places, that is to say –

• Ballyclare: Park Street, Ballyclare, Co. Antrim, BT39 9DQ;

• Ballymoney: 30 Market Street, Ballymoney, Co. Antrim, BT53 6EB;

• Enniskillen: Lackaboy, Enniskillen, Co. Fermanagh, BT74 4RL;

• Markethill: 6 The Square, Markethill, Co. Armagh, BT60 1RB;

• Omagh: 5 Gillygooley Road, Omagh, Co. Tyrone, BT78 5PP.

Part IV COMPENSATION FOR CARCASES, PARTS OF CARCASES OR BLOOD OF TSE SUSCEPTIBLE ANIMALS RETAINED, SEIZED OR DISPOSED OF UNDER REGULATION 83

1.  Subject to paragraph 5, the compensation for any carcase, part of any carcase or any blood seized or disposed of under regulation 83 shall be an amount equal to the value of the carcase, part of the carcase or blood at the time it was seized or disposed of.

2.  The value of any carcase, part of a carcase or blood seized or disposed of under regulation 83 shall be determined –

(a) by agreement between the Department and the owner of the carcase, part of the carcase or blood retained, seized or disposed of; or

(b) by arbitration.

3.  The owner of a carcase, part of a carcase or blood seized or disposed of under regulation 83 shall pay any reasonable costs or expenses incurred by the Department in connection with the seizure or disposal.

4.  These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part of the carcase or blood seized or disposed of.

5.  If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Department shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Department.

6.  The owner shall pay to the Department the amount of the excess within the period specified in the notice.

7.  On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Department from the owner.

Part V COMPENSATION FOR TSE SUSPECT OR CONFIRMED ANIMAL OR A FIRST GENERATION PROGENY OF ANY SUCH ANIMAL SLAUGHTERED UNDER REGULATIONS 90 OR 91

1.  The compensation payable for a TSE suspect or confirmed animal, or a first generation progeny of any such animal, slaughtered under regulation 90 or 91 shall be an amount equal to the market value of the animal.

2.—(1) The market value of the animal shall be determined –

(a) by agreement between the Department and the owner of the animal and such agreement shall be final and binding on the Department and the owner;

(b) if the owner and the Department fail to reach such agreement, by an independent valuer paid by the Department and selected by the owner from a list of at least three such independent valuers submitted by the Department to the owner; or

(c) if the owner refuses or neglects to select an independent valuer in accordance with sub-paragraph (b), by an independent valuer selected by the Department.

(2) An independent valuer selected in accordance with paragraph (1)(b) or (c) shall give to the Department and the owner a certificate in writing of his valuation and such valuation shall be final and binding on the Department and the owner.

3.  Where an animal was certified by a veterinary surgeon before slaughter as –

(a) requiring slaughter for emergency reasons relating to the welfare of the animal;

(b) not fit for human consumption by virtue of its condition; and

(c) having no market value as a consequence,

there shall be no compensation payable for the animal.

Part VI COMPENSATION FOR SEIZURE OR DISPOSAL UNDER REGULATION 92

1.  Subject to paragraph 5, the compensation for any

(a) carcase of a TSE suspect or confirmed animal or the carcase of a first generation progeny of any such animal;

(b) part of such a carcase or any blood derived from any such carcase or part; or

(c) semen, embryos or ova derived from any TSE suspect or confirmed animal,

seized or disposed of under regulation 92 shall be an amount equal to the value of the carcase, part of the carcase, blood, semen, embryos or ova at the time it was seized or disposed of.

2.  The value of any carcase, part of a carcase, blood, semen, embryos or ova seized or disposed of under regulation 92 shall be determined –

(a) by agreement between the Department and the owner of the carcase, part of the carcase, blood, semen, embryos or ova retained, seized or disposed of; or

(b) by arbitration.

3.  The owner of a carcase, part of a carcase, blood, semen, embryos or ova seized or disposed of under regulation 92 shall pay any reasonable costs or expenses incurred by the Department in connection with the seizure or disposal.

4.  These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part of the carcase, blood, semen, embryos or ova seized or disposed of.

5.  If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Department shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Department.

6.  The owner shall pay to the Department the amount of the excess within the period specified in the notice.

7.  On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Department from the owner.

Part VII COMPENSATION FOR OFFSPRING ANIMALS OF TSE SUSCEPTIBLE ANIMALS SLAUGHTERED UNDER REGULATION 94(1)

1.  The compensation payable for an offspring animal slaughtered in accordance with regulation 94(1) shall be an amount equal to the market value of the animal.

2.—(1) The market value of the animal shall be determined –

(a) by agreement between the Department and the owner of the animal and such agreement shall be final and binding on the Department and the owner;

(b) if the owner and the Department fail to reach such agreement, by an independent valuer paid by the Department and selected by the owner from a list of at least three such independent valuers submitted by the Department to the owner; or

(c) if the owner refuses or neglects to select an independent valuer in accordance with sub-paragraph (b), by an independent valuer selected by the Department.

(2) An independent valuer selected in accordance with paragraph (1)(b) or (c) shall give to the Department and the owner a certificate in writing of his valuation and such valuation shall be final and binding on the Department and the owner.

Regulations 14(2)(a) and 16

SCHEDULE 2 CONDITIONS FOR THE TRANSPORT OF FISHMEAL FOR FEEDING TO FARMED ANIMALS OTHER THAN RUMINANTS

1.  Fishmeal for use in the manufacture of feedingstuffs for farmed animals other than ruminants shall be transported directly from the premises where the fishmeal is produced to the premises manufacturing the animal feedingstuffs by means of a vehicle which at the same time is not used for the transport of other feedingstuffs materials.

2.  If a vehicle used for the transport of fishmeal for use in the manufacture of feedingstuffs for farmed animals other than ruminants is subsequently used for the transport of other products, it shall be thoroughly cleaned and disinfected before and after the transport of the fishmeal.

3.  Intermediate storage of fishmeal is allowed only if it is carried out in dedicated storage plants.

4.  Fishmeal imported from a third country for use in the manufacture of feedingstuffs for farmed animals other than ruminants shall be transported directly from the border inspection post in accordance with the conditions laid down in Article 8 of Council Directive 97/78/EC(2) to the establishment manufacturing the animal feedingstuffs by means of a vehicle which at the same time is not used for the transport of other feedingstuffs materials.

5.  If a vehicle used for the transport of fishmeal imported from a third country for use in the manufacture of feedingstuffs for farmed animals other than ruminants is subsequently used for the transport of other products, it shall be thoroughly cleaned and disinfected before and after the transport of the fishmeal.

Regulation 17

SCHEDULE 3 CONDITIONS FOR THE PRODUCTION OF DICALCIUM PHOSPHATE FOR FEEDING TO FARMED ANIMALS OTHER THAN RUMINANTS

1.  Dicalcium phosphate for feeding to farmed animals other than ruminants shall be produced from defatted bones.

2.  The dicalcium phosphate shall be derived from bones derived from animals fit for human consumption following ante- and post-mortem inspection.

3.  The dicalcium phosphate shall be produced by a process which ensures that all bone material is finely crushed and degreased with hot water and treated with dilute hydrochloric acid (at a minimum concentration of 4% and pH<1.5) over a period of at least two days followed by a treatment of the obtained phosphoric liquor with lime, resulting in a precipitate of dicalcium phosphate at pH 4 to 7, which is finally air dried with inlet temperature of 65°C–325°C and end temperature between 30°C–65°C or by an equivalent process approved in accordance with the procedure of Article 17 of Council Directive 89/662/EEC(3) concerning veterinary checks in intra-Community trade with a view to the completion of the internal market.

4.  Dicalcium phosphate for use in the manufacture of feedingstuffs for farmed animals other than ruminants shall be transported by means of a vehicle which at the same time is not used for the transport of other feedingstuffs materials.

5.  If a vehicle used for the transport of dicalcium phosphate for use in the manufacture of feedingstuffs for farmed animals other than ruminants is subsequently used for the transport of other products, it shall be thoroughly cleaned and disinfected before and after the transport of the dicalcium phosphate.

Regulation 17

SCHEDULE 4 CONDITIONS FOR THE PRODUCTION OF HYDROLYSED PROTEIN FOR FEEDING TO FARMED ANIMALS OTHER THAN RUMINANTS

1.  Hydrolysed protein from hides and skins shall –

(a) be derived from hides and skins obtained from animals which have been slaughtered in a slaughterhouse and whose carcases have been found fit for human consumption following ante- and post-mortem inspection; and

(b) be produced by a production process which involves appropriate measures to minimise contamination of hides and skins, preparation of the raw material by brining, liming and intensive washing followed by exposure of the material to a pH of >11 for >3 hours at temperature >80°C and followed by heat treatment at >140°C for 30 minutes at >3.6 bar; or by an equivalent production process approved in accordance with the procedure of Article 17 of Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market.

2.  Hydrolysed protein from fish, feather, hides and skins shall be sampled after processing and found to have a molecular weight below 10,000 Dalton.

3.  Hydrolysed protein for use in the manufacture of feedingstuffs for farmed animals other than ruminants shall be transported by means of a vehicle which at the same time is not used for the transport of other feedingstuffs materials.

4.  If a vehicle used for the transport of hydrolysed protein for use in the manufacture of feedingstuffs for farmed animals other than ruminants is subsequently used for the transport of other products, it shall be thoroughly cleaned and disinfected before and after the transport of the hydrolysed protein.

Regulation 30(4)

SCHEDULE 5 APPLICATION OF PART IV OF THE REGULATIONS TO SCHEME ANIMALS

Provision of the regulations	Extent to which provision applies to scheme animals
Regulation 33(3)	Not applicable.
Regulation 33(4)	Subject to the modification that from the point at which specified risk material derived from a scheme animal is removed from the slaughterhouse, it may come into contact with any other animal material from such an animal.
Regulation 34	Not applicable.
Regulation 39(3)(b)	Not applicable.
Regulation 54(2)	Subject to the modification that the impervious container or part of the vehicle (as the case may be) may also contain animal material from scheme animals.
Regulation 57	Not applicable.
Regulation 66(1)	Subject to the modification that specified risk material may come into contact with any animal material from a scheme animal.
Regulation 67(3)	Subject to the modification that equipment used for processing specified risk material may be used for processing any part of a scheme animal.
Regulation 68(1)	Subject to the modification that protein and tallow produced from specified risk material of scheme animals shall be disposed of in the case of protein by burning at an approved incinerator and in the case of tallow by burning at an approved incinerator or approved boiler.
Paragraph 1 of Part I of Schedule 6	Subject to the modification that specified risk material need not be stored, handled and processed separately from animal material from scheme animals.

Regulations 56(2)(b), 57(3) and (5), 60(1) and (5), 61(1), 65(2), 67(1) and (2), 68(2) and 71(2)

SCHEDULE 6 RENDERING REQUIREMENTS

Part I REQUIREMENTS FOR PREMISES USED FOR RENDERING SPECIFIED RISK MATERIAL

1.  The premises shall be adequately separated from the public highway and other premises. Notwithstanding this, they may occupy the same site as premises where animal products which are not specified risk material are rendered provided that specified risk material is stored, handled and processed separately from other animal material and by means of equipment used only for specified risk material.

2.  Unauthorised persons and animals shall not be permitted to have access to the premises.

3.  The premises or part of the premises used to process specified risk material must have a clean and an unclean section specified by the occupier, adequately separated. The unclean section must have a covered place to receive and store the specified risk material for processing and must be constructed in such a way that it is easy to clean and disinfect. Floors must be laid in such a way as to facilitate the draining of liquids. The premises must have adequate lavatories, changing rooms and washbasins for staff.

4.  The premises shall have sufficient capacity of hot water and steam production to render specified risk material in accordance with the method in Part II of this Schedule chosen by the operator.

5.  The equipment used to render specified risk material shall include –

(a) measuring equipment to check temperature and, if necessary, pressure at critical points;

(b) recording devices to record continuously the results of measurements; and

(c) an adequate safety system to prevent insufficient heating.

6.  To prevent recontamination of processed specified risk material by incoming specified risk material, there must be clear separation between the area of the premises where the incoming specified risk material is unloaded and rendered and the areas set aside for further processing of the heated specified risk material and the storage of finished specified risk material products.

7.  The premises must have adequate facilities for cleaning and disinfecting the containers or receptacles in which unprocessed specified risk material is received and the vehicles in which it is transported.

8.  Adequate facilities must be provided for disinfecting the wheels, immediately before their departure, of vehicles transporting specified risk material or leaving the unclean section of the premises.

Part II METHODS OF RENDERING

METHOD 1 NATURAL FAT BATCH

Reduction

1.  If the particle size of the animal by-products to be rendered is more than 150 millimetres, the animal by-products shall be reduced in size using equipment specified in the approval, set so that the particle size after reduction is no greater than 150 millimetres or such smaller size as the approval shall specify. The effectiveness of the equipment shall be checked daily and its condition recorded. If checks disclose the existence of particles larger than is permitted in the approval, the process shall be stopped and repairs made before the process is resumed.

Time and temperature

2.  After reduction the animal by-products shall be heated to a core temperature greater than 100°C for at least 125 minutes, a core temperature greater than 110°C for at least 120 minutes and a core temperature greater than 120°C for at least 50 minutes.

3.  The rendering shall be carried out in a batch system.

4.  The animal by-products may be cooked such that the time-temperature requirements are achieved at the same time.

METHOD 2 NATURAL FAT BATCHCONTINUOUS OR BATCH

Reduction

1.  If the particle size of the animal by-products to be rendered is more than 30 millimetres, the animal by-products shall be reduced in size using equipment specified in the approval, set so that the particle size after reduction is no greater than 30 millimetres or such smaller size as the approval shall specify. The effectiveness of the equipment shall be checked daily and its condition recorded. If checks disclose the existence of particles larger than is permitted in the approval, the process shall be stopped and repairs made before the process is resumed.

Time and temperature

2.  After reduction, the animal by-products shall be heated to a core temperature greater than 100°C for at least 95 minutes, a core temperature greater than 110°C for at least 55 minutes and a core temperature greater than 120°C for at least 13 minutes.

3.  The rendering may be carried out in batch or continuous systems.

4.  The animal by-products may be cooked such that the time-temperature requirements are achieved at the same time.

METHOD 3 ADDED FATCONTINUOUS OR BATCH

Reduction

1.  If the particle size of the animal by-products to be rendered is more than 30 millimetres, the animal by-products shall be reduced in size using equipment specified in the approval, set so that the particle size after reduction is no greater than 30 millimetres or such smaller size as the approval shall specify. The effectiveness of the equipment shall be checked daily and its condition recorded. If checks disclose the existence of particles larger than is permitted in the approval, the process shall be stopped and repairs made before the process is resumed.

Time and temperature

2.  After reduction the animal by-products shall be placed in a vessel with added fat and heated to a core temperature greater than 100°C for at least 16 minutes, a core temperature greater than 110°C for at least 13 minutes, a core temperature greater than 120°C for at least 8 minutes and a core temperature greater than 130°C for at least 3 minutes.

3.  The rendering may be carried out in batch or continuous systems.

4.  The animal by-products may be cooked such that the time-temperature requirements are achieved at the same time.

METHOD 4 CONTINUOUS OR BATCH PRESSURE

Reduction

1.  If the particle size of the animal by-products to be rendered is more than 50 millimetres, the animal by-products shall be reduced in size using equipment specified in the approval, set so that the particle size after reduction is no greater than 50 millimetres or such smaller size as the approval shall specify. The effectiveness of the equipment shall be checked daily and its condition recorded. If checks disclose the existence of particles larger than is permitted in the approval, the process shall be stopped and repairs made before the process is resumed.

Time and temperature

2.  After reduction the animal by-products shall be heated to a core temperature of more than 133°C for at least 20 minutes without interruption at a pressure of at least 3 bar.

3.  The rendering may be carried out in batch or continuous systems.

METHOD 5 DEFATTEDCONTINUOUS OR BATCH

Reduction

1.  If the particle size of the animal by-products to be rendered is more than 20 millimetres, the animal by-products shall be reduced in size using equipment specified in the approval, set so that the particle size after reduction is no greater than 20 millimetres or such smaller size as the approval shall specify. The effectiveness of the equipment shall be checked daily and its condition recorded. If checks disclose the existence of particles larger than is permitted in the approval, the process shall be stopped and repairs made before the process is resumed.

Time and temperature

2.  After reduction the animal by-products shall be heated until they coagulate and then pressed so that fat and water are removed from the proteinaceous material. The proteinaceous material shall then be heated to a core temperature greater than 80°C for at least 120 minutes and a core temperature greater than 100°C for at least 60 minutes.

3.  The rendering may be carried out in batch or continuous systems.

4.  The animal by-products may be cooked such that the time-temperature requirements are achieved at the same time.

METHOD 6 ADDED FAT CONTINUOUS ATMOSPHERIC

Equipment

1.  The premises shall be equipped with apparatus to crush specified risk material to the appropriate particle size, at least one cooker to cook the specified risk material, sufficient capacity of hot water and steam production to render specified risk material in accordance with this method, and equipment to separate protein from tallow and store those products.

Crushing

2.  The raw material shall be reduced in size by crushing so that the particle size does not exceed 30 millimetres. Final reduction equipment shall be checked daily and its condition recorded. Any broken equipment shall be repaired without delay to ensure that the final particle size is achieved.

Cooking

3.  The material shall be passed into a steam heated vessel where a consistent level of hot liquid tallow is maintained by recycling tallow as appropriate. Passage of the raw material through the vessel shall be controlled by means of displacement and mechanical restrictions to ensure that the cooked dried material is discharged with all of its residual moisture removed as water vapour. The maximum feed rate for raw material, the maximum tallow recycle rate, and the minimum discharge temperature will be set for the vessel in the approval for the premises granted under these Regulations. The material shall be maintained at a temperature in excess of 100°C for at least 16 minutes, a temperature in excess of 110°C for at least 13 minutes, a temperature in excess of 120°C for at least 8 minutes and a temperature in excess of 130°C for at least 3 minutes. Material may be cooked so that two or more time-temperature requirements are carried out at the same time. The times and temperatures achieved during the cooking process must be recorded on a permanent recording system.

Separation and storage of final products

4.  On discharge from the vessel, any surplus tallow not required to maintain the vessel’s operating level shall be removed, and the material separated into its tallow and protein components. Protein and tallow shall be stored separately.

Records

5.  All records shall be kept for one year.

METHOD 7 DEFATTED CONTINUOUS ATMOSPHERIC

Equipment

1.  The premises shall be equipped with apparatus to crush specified risk material to the appropriate particle size, at least one cooker to cook the specified risk material, sufficient capacity of hot water and steam production to render specified risk material in accordance with this method, and equipment to separate protein from tallow and store those products.

Crushing

2.  The raw material shall be reduced in size by crushing so that the particle size does not exceed 20 millimetres. Final reduction equipment shall be checked daily and its condition recorded. Any broken equipment shall be repaired without delay to ensure that the final particle size is achieved.

Pre-heating

3.  The crushed material shall then be passed to a pre-heater. Passage of the raw material through the pre-heater shall be controlled by means of displacement and mechanical restrictions to ensure that the cooked material is discharged at a temperature of at least 80°C and in a form in which water and tallow can be removed from the protein residue.

Pressing

4.  The material discharged from the pre-heater must be passed through a screw press so adjusted that all water and tallow are removed from the protein residue.

Drying

5.  The protein residue shall be passed into a steam heated vessel. Passage of the protein residue through the vessel shall be controlled by means of displacement and mechanical restrictions to ensure that the cooked dried protein is discharged with all of its residual moisture removed as water vapour. A maximum feed rate for protein residue and a minimum discharge temperature will be set for the vessel by an officer of the Department. The material shall be maintained at a temperature in excess of 80°C for at least 120 minutes and a temperature in excess of 100°C for at least 60 minutes. Material may be cooked so that both time-temperature requirements are carried out at the same time. The times and temperatures achieved during the cooking process must be recorded on a permanent recording system.

Storage of final products

6.  Protein and tallow shall be stored separately.

Records

7.  All records shall be kept for one year.

Regulation 103

SCHEDULE 7 AMENDMENTS

Part I AMENDMENTS TO THE SPECIFIED RISK MATERIAL ORDER (NORTHERN IRELAND) 1997

1.  In the list of countries in Article 3(3) the following shall be inserted respectively in the appropriate alphabetical places –

• “El Salvador

• Panama”.

2.  In Article 4(5) the words “Austria, Finland or” shall be deleted.

3.  In Article 6(2A)(a) for the words “designated under regulation 15A of the Specified Risk Material Regulations (Northern Ireland) 1997” there shall be substituted the words “licensed under regulation 56 of the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002(4)”.

4.  In Schedule 2, in the list of countries in the declaration on the form of importation certificate there shall be inserted in the appropriate alphabetical places –

• “El Salvador

• Panama”.

Part II AMENDMENTS TO THE SPECIFIED RISK MATERIAL REGULATIONS (NORTHERN IRELAND) 1997

1.  In the list of countries in regulation 3(5) the following shall be inserted respectively in the appropriate alphabetical places –

• “El Salvador

• Panama”.

2.  In regulation 4(7) the words “Austria, Finland or” shall be deleted.

Regulation 104

SCHEDULE 8 REVOCATIONS, SAVINGS AND TRANSITIONAL PROVISIONS

Part I REPEALS AND REVOCATIONS

Diseases of Animals (Northern Ireland) Order 1981, S.I. 1981/1115 (N.I. 22)	Paragraphs 10A and 10C of Part I of Schedule 2 and paragraphs 12A and 12C of Part II of Schedule 2
Specified Risk Material Order (Northern Ireland) 1997, S.R. 1997 No. 551	Articles 5 and 7 to 13
Specified Risk Material Regulations (Northern Ireland) 1997, S.R. 1997 No. 552	Regulations 5 to 10, 12, 13, 14, 15, 15A, 16, 17, 18, 19 and 20 to 28
Fertilisers (Mammalian Meat and Bone Meal) Regulations (Northern Ireland) 1998, S.R. 1998 No. 187	The whole Regulations
Fertilisers (Mammalian Meat and Bone Meal) (Conditions of Manufacture) Regulations (Northern Ireland) 1998, S.R. 1998 No. 188	The whole Regulations
Diseases of Animals (Modification) Order (Northern Ireland) 1998, S.R. 1998 No. 365	The whole Order
Sheep and Goats (Spongiform Encephalopathy) Order (Northern Ireland) 1998, S.R. 1998 No. 366	The whole Order
Sheep and Goats (Spongiform Encephalopathy) Regulations (Northern Ireland) 1998, S.R. 1998 No. 367	The whole Regulations
Diseases of Animals (Modification) (No. 2) Order (Northern Ireland) 1998, S.R. 1998 No. 442	The whole Order
Bovine Spongiform Encephalopathy Order (Northern Ireland) 1999, S.R. 1999 No. 322	The whole Order
Bovine Spongiform Encephalopathy (Feedingstuffs and Surveillance) Regulations (Northern Ireland) 1999, S.R. 1999 No. 323	The whole Regulations
Restriction on Pithing Regulations (Northern Ireland) 2001, S.R. 2001 No. 186	Regulations 2 and 5 to 8
Bovine Spongiform Encephalopathy Monitoring Regulations (Northern Ireland) 2001, S.R. 2001 No. 292	The whole Regulations
Processed Animal Protein Regulations (Northern Ireland) 2001, S.R. 2001 No. 405	Regulations 4 to 9, 12 to 17 and Schedules 1, 2 and 3

Part II SAVINGS OF THINGS DONE UNDER THE SPECIFIED RISK MATERIAL ORDER (NORTHERN IRELAND) 1997

1.  Any licence issued under Article 8(6) of the Specified Risk Material Order (Northern Ireland) 1997 having effect at the coming into operation of these Regulations to permit the feeding to any creature of any specified risk material or feedingstuff for research purposes in a research establishment shall have effect as if it were a licence issued under regulation 49(6) of these Regulations.

2.  Any licence issued under Article 10(1) of the Specified Risk Material Order (Northern Ireland) 1997 shall have effect as if it were a licence issued under regulation 57(1) of these Regulations.

3.  Any approval issued under Article 12(2) of the Specified Risk Material Order (Northern Ireland) 1997 shall have effect as if it were an approval issued under regulation 53(2) of these Regulations.

Part III SAVINGS OF THINGS DONE UNDER THE SPECIFIED RISK MATERIAL REGULATIONS (NORTHERN IRELAND) 1997

1.  Any approval by the Department under regulation 5(1) of the Specified Risk Material Regulations (Northern Ireland) 1997 having effect at the coming into operation of these Regulations shall have effect as if it were an approval issued under regulation 56(1) of these Regulations.

2.  Any approval by the Agency under regulation 5(2) of the Specified Risk Material Regulations (Northern Ireland) 1997 having effect at the coming into operation of these Regulations shall have effect as if it were an approval issued under regulation 56(1) of these Regulations.

3.  Any designation by the Agency under regulation 15A(3) and (4) of the Specified Risk Material Regulations (Northern Ireland) 1997 having effect at the coming into operation of these Regulations shall have effect as if it were a licence issued under regulation 56(1) of these Regulations.

4.  Any approval of the storage of specified risk material under regulation 28(2) of the Specified Risk Material Regulations (Northern Ireland) 1997 having effect at the coming into operation of these Regulations shall have effect as if it were an approval under regulation 53(2) of these Regulations.

Part IV SAVINGS OF THINGS DONE UNDER THE SHEEP AND GOATS (SPONGIFORM ENCEPHALOPATHY) ORDER (NORTHERN IRELAND) 1998 AND THE SHEEP AND GOATS (SPONGIFORM ENCEPHALOPATHY) REGULATIONS (NORTHERN IRELAND) 1998

1.  Any notice issued under Article 5 or 6 of the Sheep and Goats (Spongiform Encephalopathy) Order (Northern Ireland) 1998 having effect at the coming into operation of these Regulations to prohibit or restrict the movement of an animal shall have effect as if it were a notice issued under regulation 80 of these Regulations to prohibit or restrict the movement of the animal; and a requirement of such a notice shall have effect as if it were a requirement of a notice issued under regulation 80 of these Regulations.

2.  Any licence issued under Articles 5 and 6 of the Sheep and Goats (Spongiform Encephalopathy) Order (Northern Ireland) 1998 having effect at the coming into operation of these Regulations to permit the movement of an animal shall have effect as if it were a licence issued under regulation 80 of these Regulations.

3.  Any notice requiring any cleansing and disinfection issued under Article 7 of the Sheep and Goats (Spongiform Encephalopathy) Order (Northern Ireland) 1998 and having effect at the coming into operation of these Regulations shall have effect as if it were a notice issued under regulation 86 of these Regulations.

4.  Any appointment of a veterinary inspector by the Department for the purposes of the Sheep and Goats (Spongiform Encephalopathy) Regulations (Northern Ireland) 1998 having effect at the coming into operation of these Regulations shall have effect as if it were an appointment of that veterinary inspector by the Department for the purposes of these Regulations.

Part V SAVINGS OF THINGS DONE UNDER THE BOVINE SPONGIFORM ENCEPHALOPATHY ORDER (NORTHERN IRELAND) 1999

1.  Any notice issued under the Bovine Spongiform Encephalopathy Order (Northern Ireland) 1999 having effect at the coming into operation of these Regulations to prohibit or restrict the movement of an animal shall have effect as if it were a notice issued under regulation 80 of these Regulations to prohibit or restrict the movement of an animal; and a requirement of such a notice shall have effect as if it were a requirement of a notice issued under regulation 80 of these Regulations.

2.  Any licence issued under the Bovine Spongiform Encephalopathy Order (Northern Ireland) 1999 having effect at the coming into operation of these Regulations to permit the movement of an animal shall have effect as if it were a licence issued under regulation 80 of these Regulations.

3.  Any notice requiring any cleansing and disinfection issued under Article 9 of the Bovine Spongiform Encephalopathy Order (Northern Ireland) 1999 and having effect at the coming into operation of these Regulations shall have effect as if it were a notice issued under regulation 86 of these Regulations.

4.  Any licence issued under Article 10(3)(b) of the Bovine Spongiform Encephalopathy Order (Northern Ireland) 1999 having effect at the coming into operation of these Regulations to permit the feeding to an animal or poultry of milk for research purposes in a research establishment shall have effect as if it were a licence issued under regulation 85(2)(b)(i) of these Regulations.

5.  Any licence issued under Article 11(5) of the Bovine Spongiform Encephalopathy Order (Northern Ireland) 1999 having effect at the coming into operation of these Regulations to permit the feeding to an animal or poultry of any feedingstuff for research purposes in a research establishment shall have effect as if it were a licence issued under regulation 11(2) or 12(5) of these Regulations.

Part VI SAVINGS OF THINGS DONE UNDER THE BOVINE SPONGIFORM ENCEPHALOPATHY (FEEDINGSTUFFS AND SURVEILLANCE) REGULATIONS (NORTHERN IRELAND) 1999

Any appointment of an authorised officer by the Department for the purposes of the Bovine Spongiform Encephalopathy (Feedingstuffs and Surveillance) Regulations (Northern Ireland) 1999 having effect at the coming into operation of these Regulations shall have effect as if it were an appointment of that officer as an inspector by the Department for the purposes of these Regulations.

Part VII SAVINGS OF THINGS DONE UNDER THE BOVINE SPONGIFORM ENCEPHALOPATHY MONITORING REGULATIONS (NORTHERN IRELAND) 2001

1.  Any appointment of an inspector by the Department for the purposes of the Bovine Spongiform Encephalopathy Monitoring Regulations (Northern Ireland) 2001 having effect at the coming into operation of these Regulations shall have effect as if it were an appointment of that inspector by the Department as an inspector for the purposes of these Regulations.

2.  Any appointment of a veterinary inspector by the Department for the purposes of the Bovine Spongiform Encephalopathy Monitoring Regulations (Northern Ireland) 2001 having effect at the coming into operation of these Regulations shall have effect as if it were an appointment of that veterinary inspector as a veterinary inspector by the Department for the purposes of these Regulations.

Part VIII SAVINGS OF THINGS DONE UNDER THE PROCESSED ANIMAL PROTEIN REGULATIONS (NORTHERN IRELAND) 2001

1.  Any approval by the Department under regulation 5 of the Processed Animal Protein Regulations (Northern Ireland) 2001 having effect at the coming into operation of these Regulations shall have effect as if it were an approval by the Department under regulation 16 of these Regulations.

2.  Any approval by the Department under regulation 6 of the Processed Animal Protein Regulations (Northern Ireland) 2001 having effect at the coming into operation of these Regulations shall have effect as if it were an approval by the Department under regulation 17(1) of these Regulations.

3.  Any approval by the Department under regulation 7 of the Processed Animal Protein Regulations (Northern Ireland) 2001 having effect at the coming into operation of these Regulations shall have effect as if it were an approval by the Department under regulation 17(2) of these Regulations.

4.  Any authorisation of premises for the purposes of paragraph 6 of Annex I to the Commission Decision by the Department under regulation 13(2) of the Processed Animal Protein Regulations (Northern Ireland) 2001 having effect at the coming into operation of these Regulations shall have effect as if it were a registration of the premises for those purposes by the Department under regulation 23(1)(b) of these Regulations.

5.  Any authorisation of premises for the purposes of paragraph 3 of Annex II to the Commission Decision by the Department under regulation 14(2) of the Processed Animal Protein Regulations (Northern Ireland) 2001 having effect at the coming into operation of these Regulations shall have effect as if it were a registration of the premises for those purposes by the Department under regulation 24(1)(b) of these Regulations.

6.  Any authorisation of premises for the purposes of paragraph 2 of Annex III to the Commission Decision by the Department under regulation 15(2) of the Processed Animal Protein Regulations (Northern Ireland) 2001 having effect at the coming into operation of these Regulations shall have effect as if it were a registration of the premises for those purposes by the Department under regulation 24(2)(b) of these Regulations.

7.  Any appointment of an inspector by the Department for the purposes of the Processed Animal Protein Regulations (Northern Ireland) 2001 having effect at the coming into operation of these Regulations shall have effect as if it were an appointment of that inspector as an inspector by the Department for the purposes of these Regulations.

8.  Any appointment of a veterinary inspector by the Department for the purposes of the Processed Animal Protein Regulations (Northern Ireland) 2001 having effect at the coming into operation of these Regulations shall have effect as if it were an appointment of that veterinary inspector as a veterinary inspector by the Department for the purposes of these Regulations.

(1)

O.J. No. L99, 20.4.96, p. 14 as amended by Commission Regulations (EC) Nos. 774/96 (O.J. No. L104, 27.4.96, p. 21), 835/96 (O.J. No. L112, 7.5.96, p. 17), 1512/96 (O.J. No. L189, 30.7.96, p. 93), 1846/96 (O.J. No. L245, 26.9.96, p. 9), 1974/96 (O.J. No. L262, 16.10.96, p. 2), 2149/96 (O.J. No. L288, 9.11.96, p. 14), 2423/96 (O.J. No. L329, 19.12.96, p. 43) and 1365/97 (O.J. No. L188, 17.7.97, p. 6)

(2)

O.J. No. L24, 30.1.1998, p. 9

(3)

O.J. No. L395, 30.12.1989, p.13, as last amended by Directive 1992/118/EEC (O.J. No. L62, 15.3.1993, p. 49)

(4)

S.R. 2002 No. 225