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The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2006

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Retention of products and disposal

5.—(1) In relation to a bovine animal from which a sample is taken under paragraph 3, the occupier of a slaughterhouse, hide market or tannery must, for the purposes of point 6(3) of Part I of Chapter A of Annex III of the Community TSE Regulation and pending receipt of the test result, either—

(a)retain the carcase and all parts of the body (including the blood and the hide) that will have to be disposed of in the event of a positive result; or

(b)dispose of them in accordance with sub-paragraph (2).

(2) For the purposes of points 6(4) and 6(5) of Part I of Chapter A of Annex III of the Community TSE Regulation, if a positive result is received for a sampled animal, the occupier must immediately dispose of—

(a)the carcase and all parts of the body of that animal (including the blood and the hide); and

(b)unless a derogation has been granted under point 6(6) of Part I of Chapter A of Annex III of the Community TSE Regulation, the carcase and all parts of the body (including the blood and the hide) of the animal immediately preceding that animal on the slaughter line and the two animals immediately following it,

in accordance with point 6(4) of Part I of Chapter A of Annex III of the Community TSE Regulation.

(3) If a sample in respect of a bovine animal has not been sent to an approved testing laboratory for testing in accordance with paragraph 3 or if a no-test result is received in respect of a sample from a bovine animal required to be tested under this Schedule, the occupier must immediately dispose of—

(a)the carcase and all parts of the body (including the blood and the hide) of that animal; and

(b)unless a derogation has been granted under point 6(6) of Part I of Chapter A of Annex III of the Community TSE Regulation, the carcase and all parts of the body (including the blood but not the hide) of the animal immediately preceding that animal on the slaughter line and the two animals immediately following it,

in accordance with point 6(4) of Part 1 of Chapter A of Annex III of the Community TSE Regulation.

(4) The Department may grant, in writing, a derogation under point 6(6) of Part I of Chapter A of Annex III of the Community TSE Regulation if it is satisfied that there is a system in place that prevents contamination between carcases.

(5) In relation to a sheep or goat from which a sample is taken, the occupier of a slaughterhouse, hide market or tannery must—

(a)for the purposes of point 7(3) of Part II of Chapter A of Annex III of the Community TSE Regulation, retain the carcase and all parts of the body (including the blood and the hide) pending receipt of the test result; and

(b)in the event of a positive result, immediately dispose of the carcase and all parts of the body (including the blood and the hide) in accordance with point 7(4) of Part II of Chapter A of Annex III of the Community TSE Regulation.

(6) Any person who fails to comply with sub-paragraphs (1) to (3) or (5) is guilty of an offence.

(7) For the purposes of this paragraph a “no-test result” in relation to a sample means that an approved testing laboratory has certified it cannot be tested for any reason.

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