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The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2010

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Retention of products and disposal

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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.

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