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The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2010

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Regulation 5

SCHEDULE 2TSE MONITORING

This schedule has no associated Explanatory Memorandum
  1. PART I MONITORING FOR TSE

    1. 1.Notification of the body of a goat for the purpose of monitoring under Article 6 of the EU TSE Regulation

    2. 2.Arrangements in respect of the body of a bovine animal for the purpose of monitoring under Article 6 of the EU TSE Regulation

    3. 3.Persons collecting and delivering the body of a bovine animal

    4. 4.Brain stem sampling of the body of a bovine animal (Approved TSE sampling sites)

    5. 5.Destruction without sampling

    6. 6.Retention and disposal of the body of a bovine animal pending test results

    7. 7.Remote Areas

    8. 8.Consignment and slaughter of an over-age bovine animal

    9. 9.Brain stem sampling of bovine animals (slaughterhouses)

    10. 10.Brain stem sampling of the body of a bovine animal (other places of slaughter)

    11. 11.Approval of laboratories

    12. 12.Approved TSE sampling sites

    13. 13.Slaughter of bovine animals

    14. 14.Retention of products and disposal

    15. 15.TSE sampling of sheep, goats and deer

    16. 16.Compensation

  2. PART II CONTENTS OF A REQUIRED METHOD OF OPERATION (RMOP)

    1. 1.Animal identification and separation

    2. 2.Brain stem sampling

    3. 3.Correlation of sample to carcase and all other parts of the body

    4. 4.Retention of carcases

    5. 5.Retention of parts of the body

    6. 6.Disposal before receipt of the result

    7. 7.Other measures following brain stem sampling

PART IMONITORING FOR TSE

Notification of the body of a goat for the purpose of monitoring under Article 6 of the EU TSE Regulation

1.—(1) For the purpose of monitoring under Article 6 of the EU TSE Regulation, a person who has in their possession, or under their control, the body of a goat aged 18 months or over at death, must—

(a)within 24 hours from the time when the animal died or was killed or the body came into their possession or under their control notify the death of the animal to a person approved by the Department to receive the notification; and

(b)detain it until it has been collected by that person approved by the Department in accordance with paragraph 1(1)(a),

and failure to do so is an offence.

(2) This paragraph does not apply in relation to goats slaughtered for human consumption or killed in accordance with Schedule 4.

Arrangements in respect of the body of a bovine animal for the purpose of monitoring under Article 6 of the EU TSE Regulation

2.—(1) For the purpose of monitoring under Article 6 of the EU TSE Regulation, a person who has in their possession or under their control the body of a bovine animal that must be tested for BSE in accordance with point 3(1) of Part I of Chapter A of Annex III to that Regulation must within 24 hours, unless directed otherwise by the Department, identify an approved TSE sampling site that will carry out sampling for the test and either—

(a)make arrangements with the operator of the sampling site to have it collected and detain the body of the bovine animal until it has been collected; or

(b)agree with the operator of the sampling site that it can be taken to that site and ensure its arrival at the site within the timeframe stipulated by the operator in accordance with the official document relating to the site approved by the Department under paragraph 12,

and failure to do so is an offence.

(2) The period of 24 hours referred to in sub-paragraph (1) runs from the time when the animal died or was killed or came into the possession or under the control of the person to whom the requirements of sub-paragraph (1)(a) or (b) apply.

Persons collecting and delivering the body of a bovine animal

3.  The operator of an approved TSE sampling site with whom arrangements have been made in accordance with paragraph 2(1)(a) must, unless otherwise directed by the Department, ensure that the body is collected and delivered to that site in accordance with the official document relating to the site approved by the Department under paragraph 12 and failure to do so is an offence.

Brain stem sampling of the body of a bovine animal (Approved TSE sampling sites)

4.  The operator of an approved TSE sampling site to which the body of a bovine animal has been delivered must—

(a)take a sample comprising the brain stem for testing in accordance with point 1 Chapter C of Annex X to the EU TSE Regulation;

(b)ensure that the bovine animal from which the sample is taken can be identified; and

(c)prepare the sample for delivery to an approved testing laboratory,

and failure to do so is an offence.

Destruction without sampling

5.  Any person who destroys the body of a bovine animal to which paragraph 2(1) applies before it has undergone sampling at an approved TSE sampling site, except in accordance with a direction of the Department, commits an offence.

Retention and disposal of the body of a bovine animal pending test results

6.  The operator of an approved TSE sampling site at which the body of a bovine animal has been sampled in accordance with this Part must comply with point 6(3) of Chapter A of Annex III to the EU TSE Regulation and failure to do so is an offence.

Remote Areas

7.—(1) The requirements of paragraph 1(1) and 2 do not apply in relation to an animal that has died or been killed on Rathlin Island or the Copeland Islands.

(2) The exemption in sub-paragraph (1) continues to apply even if the body of the animal has been removed from Rathlin Island or the Copeland Islands, as the case may be.

Consignment and slaughter of an over-age bovine animal

8.—(1) If a bovine animal was born or reared in the United Kingdom before 1st August 1996, it is an offence to —

(a)consign it to a slaughterhouse which slaughters animals for human consumption (whether the animal is alive or dead); or

(b)slaughter it for human consumption.

(2) For the purposes of sub-paragraph (1), a bovine animal is deemed to have been born or reared in the United Kingdom before 1st August 1996 unless records held by the Department or any cattle passport in relation to that animal shows either that—

(a)it was born in the United Kingdom on or after 1st August 1996; or

(b)it first entered the United Kingdom on or after 1st August 1996.

Brain stem sampling of bovine animals (slaughterhouses)

9.—(1) The occupier of a slaughterhouse in which a bovine animal specified in point 2 of Part I of Chapter A of Annex III to the EU TSE Regulation, is slaughtered or (if the animal has been slaughtered at a place other than the slaughterhouse) processed must—

(a)take a sample comprising the brain stem for testing in accordance with point 1 of Chapter C of Annex X to the EU TSE Regulation;

(b)ensure that the animal from which the sample has been taken can be identified; and

(c)arrange for the sample to be delivered to an approved testing laboratory,

and failure to do so is an offence.

(2) The Department must, notify the occupier of a slaughterhouse if an animal comes into any of the categories specified in point 2(1) of Part I of Chapter A of Annex III to the EU TSE Regulation (except in the case of a dead animal consigned to a slaughterhouse with a written declaration from a veterinary surgeon that it falls into one of those categories).

(3) In accordance with point 5 of Part I of Chapter A of Annex III to the EU TSE Regulation, the Department may serve a notice on the occupier of a slaughterhouse requiring them to take a sample from any bovine animal slaughtered there and send the sample for testing in accordance with sub-paragraph (1).

Brain stem sampling of the body of a bovine animal (other places of slaughter)

10.—(1) The occupier of a place—

(a)that, for the purposes of point 4 (1)(a) of Annex V to the EU TSE Regulation, is an other place of slaughter; and

(b)in which a bovine animal covered by point 2 of Part I of Chapter A of Annex III to the EU TSE Regulation is slaughtered must—

(i)arrange for the identified head of the animal to be delivered, under licence, to an approved testing laboratory for sampling and testing in accordance with point 1 of Chapter C of Annex X to the EU TSE Regulation, and

(ii)ensure that the bovine animal from which the head is taken can be identified,

and failure to do so is an offence.

(2) In paragraph (1)(b)(i) “identified” means identified in a manner approved by the Department.

Approval of laboratories

11.—(1) The Department may approve laboratories to test samples taken in accordance with this Part if it is satisfied that the laboratory—

(a)will carry out the testing in accordance with Chapter C of Annex X to the EU TSE Regulation;

(b)has adequate quality control procedures; and

(c)has adequate procedures to ensure the correct identification of the samples and notification of the test results to the consigning slaughterhouse and to the Department.

(2) For the purposes of this paragraph and paragraphs 4, 9 and 10 an “approved testing laboratory” means—

(a)a laboratory approved by the Department under this paragraph; or

(b)a laboratory approved, under corresponding legislation, elsewhere in the United Kingdom; or

(c)an EU Reference Laboratory; or

(d)a diagnostic laboratory approved in a member State in accordance with Annex X to the EU TSE Regulation.

Approved TSE sampling sites

12.—(1) The Department must, on written application, approve a sampling site to sample animals to which paragraph 2 applies if it is satisfied that the operator has adequate control procedures and facilities to carry out the sampling.

(2) An “approved TSE sampling site” in this Part means a sampling site approved by the Department under this paragraph to carry out TSE sampling.

Slaughter of bovine animals

13.—(1) It is an offence for the occupier to use a slaughterhouse to slaughter for human consumption a bovine animal that in accordance with point 2 of Part I of Chapter A of Annex III to the EU TSE Regulation requires to be sampled for BSE testing at slaughter unless the Department has approved the Required Method of Operation (“RMOP”) for that slaughterhouse and that occupier.

(2) The RMOP must, as a minimum, describe—

(a)the procedures that will be followed to comply with Part I of this Schedule; and

(b)all the systems and procedures specified in Part II of this Schedule.

(3) The Department must approve the RMOP if it is satisfied that all the requirements of the EU TSE Regulation and these Regulations will be complied with and the occupier must demonstrate this by means of an assessment of two days’ duration in which animals are slaughtered (using bovine animals that are not required under point 2 of Part I of Chapter A of Annex III to the EU TSE Regulation to be tested for BSE).

(4) If a bovine animal described in sub-paragraph (1) is slaughtered for human consumption, other than in accordance with the RMOP, the occupier of the slaughterhouse is guilty of an offence.

Retention of products and disposal

14.—(1) In relation to a bovine animal from which a sample is taken under paragraph 9 or 10 the occupier of a slaughterhouse, other place of slaughter (for the purposes of point 4(1)(a) of Annex V to the EU TSE Regulation), hide market or tannery must, for the purposes of point 6(3) of Part I of Chapter A of Annex III to the EU TSE Regulation and pending receipt of the test result, either—

(a)retain the carcase and all parts of the body of that animal (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 to the EU TSE Regulation, if a positive result is received for a sampled bovine 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 sub-paragraph (6), 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 that Part.

(3) If a sample in respect of a bovine animal, required to be tested under this Schedule, has not been sent to or no sample has been received by an approved testing laboratory for testing in accordance with paragraph 9 or 10, or if a no-test result is received in respect of a sampled bovine animal, 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 sub-paragraph (6), 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 I of Chapter A of Annex III to the EU TSE Regulation.

(4) For the purposes of sub-paragraph (3) a no-test result means a certification by an approved testing laboratory that the sample sent to the laboratory was not of an adequate quality or was not of a sufficient quantity to obtain a test result or an inconclusive result to the test has been obtained.

(5) If a no-test result in respect of a bovine animal has been received and—

(a)an approved testing laboratory certifies that subsequent multiple rapid testing of the material has been carried out; and

(b)a negative result obtained,

the occupier may release 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.

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

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

TSE sampling of sheep, goats and deer

15.—(1) 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 to the EU TSE Regulation, retain the carcase and all parts of the body (including the blood and the hide) pending receipt of the test result (except to the extent that point 7(3) permits direct disposal of animal by-products pending receipt of a negative rapid 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 that Part.

(2) Where—

(a)a sheep, goat or deer has died, or has been killed, other than for human consumption; and

(b)either—

(i)the death or killing occurred at premises approved, or required to be approved, under the Animal By-Products Regulations (Northern Ireland) 2003(1); or

(ii)the carcase of the sheep, goat or deer has been taken to those premises,

the occupier of the premises must comply with any direction given by the Department requiring the carcase to be sampled at the premises.

(3) In relation to any deer, selected for monitoring for TSE from which a sample is taken, the occupier of a slaughterhouse, hide market or tannery must—

(a)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 to the EU TSE Regulation.

(4) Any person who fails to comply with sub-paragraphs (1), (2) or (3) is guilty of an offence.

Compensation

16.—(1) If an animal slaughtered for human consumption and sampled for TSE tests positive, the Department must pay compensation for the carcase and all parts of the body (including the blood and the hide) of—

(a)that animal; and,

(b)if they are destroyed because of that positive result, the animal immediately preceding it on the slaughter line and the two animals immediately following it.

(2) The compensation is the value of the carcase, established in accordance with the procedure in regulation 11 (reading the word “occupier” wherever “owner” is mentioned), with any nominated valuer’s fee paid by the occupier of the slaughterhouse, hide market or tannery.

PART IICONTENTS OF A REQUIRED METHOD OF OPERATION (RMOP)

Animal identification and separation

1.—(1) The RMOP (as specified in paragraph 13 of Part I) must describe the system that—

(a)enables bovine animals born or reared in the United Kingdom before 1st August 1996 to be identified and ensures that they are not slaughtered for human consumption;

(b)enables bovine animals that, in accordance with point 2(1) of Part I of Chapter A of Annex III to the EU TSE Regulation, require to be sampled and tested for BSE, to be identified and ensures they are sampled in accordance with this Schedule; and

(c)enables bovine animals that, in accordance with point 2(2) of Part I of Chapter A of Annex III to the EU TSE Regulation, require BSE testing at slaughter to be identified and ensures that they are sampled in accordance with this Schedule.

(2) The requirements of sub-paragraph (1)(b) and (c) apply only in relation to bovine animals born and reared in the United Kingdom on or after 1st August 1996.

(3) The RMOP must also describe the system that ensures that the animals to which sub-paragraphs (1) (b) and (c) applies are—

(a)batched together before slaughter separately from those not referred to in sub-paragraph (1)(b) and (c); and

(b)slaughtered in their batches separately from those not referred to in sub-paragraph (1)(b) and (c).

(4) For the purposes of this paragraph, a bovine animal is deemed to have been born and reared in the United Kingdom before 1st August 1996 unless records held by the Department or any cattle passport in relation to that animal shows either that—

(a)it was born in the United Kingdom on or after 1st August 1996; or

(b)it first entered the United Kingdom on or after 1st August 1996.

Brain stem sampling

2.—(1) The RMOP must show that there are—

(a)sufficient staff trained and competent in the taking, labelling, packaging and dispatch of brain stem samples;

(b)hygienic facilities for sampling; and

(c)sampling procedures that do not jeopardise the hygienic production of meat intended for human consumption.

(2) It must describe how health and safety guidelines designed to minimise the risk of exposure of staff to TSE during brain stem sampling and packaging will be complied with.

Correlation of sample to carcase and all other parts of the body

3.  The RMOP must describe the system linking the brain stem sample of each bovine animal to which paragraph 1 (1) (b) and (c) applies, to the carcase of that animal and all parts of the body of that animal (including the blood and the hide).

Retention of carcases

4.  The RMOP must describe—

(a)the system that ensures that the chronological order in which the animals were slaughtered can be determined;

(b)the system that ensures that all carcases retained in accordance with paragraph 14(1) of Part I are retained in slaughter order or as laid down in the RMOP either in a sealed or locked chiller or on a sealed or locked rail in an unsealed chiller pending the receipt of the BSE test result; and

(c)how the occupier will ensure that there is suitable and sufficient chiller space for retaining carcases for the purposes of this Schedule.

Retention of parts of the body

5.  The RMOP must describe the system that ensures that all parts of the body (including the blood and the hide) are retained in accordance with paragraph 14(1) of Part I of this Schedule.

Disposal before receipt of the result

6.  The RMOP must describe the disposal route for all carcases and all parts of the body (including the blood and the hide) retained pending receipt of the BSE test result but disposed of before the test result is received.

Other measures following brain stem sampling

7.  The RMOP must describe the systems in place that ensure that—

(a)brain stem samples are packaged in accordance with packaging instructions P650 of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (version applicable as from 2009(2)) and delivered in a testable condition to an approved testing laboratory;

(b)BSE test results are received, either by fax or by other electronic means; and

(c)all carcases or parts of carcases required to be disposed of in accordance with point 6(4) or 6(5) of Part I of Chapter A of Annex III to the EU TSE Regulation or under paragraphs 14(2) and (3) of Part I of this Schedule are identified and disposed of accordingly.

(2)

ISBN 978-92-1-139131-2

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