Search Legislation

The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART IIPRODUCTION OF PROTEIN AND FEEDINGSTUFFS

Fishmeal for feeding to non-ruminant farmed animals

1.—(1) Any person producing fishmeal intended for feeding to non-ruminant farmed animals must do so in accordance with point B(a) of Part II of Annex IV to the EU TSE Regulation.

(2) Any person producing feedingstuffs containing fishmeal intended for feeding to non-ruminant farmed animals must do so—

(a)in accordance with point B(c) of that Part, in premises authorised by the Department for the purposes of that point;

(b)in accordance with point B(c)(i) of that Part, for home compounders registered by the Department for the purposes of that point; or

(c)in accordance with point B(c)(ii) of that Part, in premises authorised by the Department for the purposes of that point.

(3) Any person packaging the feedingstuffs must clearly mark the product in accordance with point B(d) of that Part and any documentation accompanying the feedingstuffs must be in accordance with that point.

(4) Any person transporting such feedingstuffs in bulk must do so in accordance with the first sentence of point B(e) of that Part.

(5) Any person using a vehicle, previously used to transport such feedingstuffs, to transport feedingstuffs for ruminants must comply with the second sentence of point B(e) of that Part.

(6) The occupier of any premises where ruminants are kept must comply with the first paragraph of point B(f) of that Part unless the Department is satisfied that the provisions of the second paragraph of that point are complied with and has registered the farm under that paragraph.

Fishmeal for feeding to unweaned, ruminant farmed animals

2.—(1) Any person producing raw fishmeal for use in feed for unweaned, ruminant farmed animals must do so in accordance with point BA(a) of Part II of Annex IV to the EU TSE Regulation.

(2) Any person producing feed for unweaned, ruminant farmed animals must, if the feed contains fishmeal, produce that feed only in premises authorised for that purpose by the Department in accordance with points BA(c) and BA(d) of Part II of that Part.

(3) Any person packaging milk replacers containing fishmeal intended for unweaned, ruminant farmed animals, must clearly mark the product in accordance with point BA(e) of that Part, and any documentation accompanying the product must be in accordance with that point.

(4) Any person transporting the milk replacers in bulk must do so in accordance with the first sentence of point BA(f) of that Part.

(5) Any person using a vehicle previously used to transport such milk replacers for the transport of other feedingstuffs for ruminants must comply with the second sentence of point BA(f) of that Part.

(6) The occupier of any premises where feedingstuffs containing fishmeal are to be used and ruminants are kept must ensure that—

(a)measures are in place to prevent such feedingstuffs being fed to ruminants, other than as permitted by point A(e) of that Part; and

(b)before the feedingstuffs are brought on to the relevant holding, the occupier of the holding has registered the holding with the Department in accordance with the second sentence of point BA(g) of that Part.

Offences relating to fishmeal and feedingstuffs containing fishmeal

3.—(1) Failure to comply with paragraph 1 or 2 is an offence.

(2) It is an offence for a home compounder registered under paragraph 1(2)(b) to—

(a)keep ruminant animals;

(b)consign feedingstuffs containing fishmeal (whether complete or partly complete) produced by them from their premises; or

(c)use feedingstuffs containing fishmeal with a crude protein content of 50% or more in the production of complete feedingstuffs.

(3) It is an offence for any person producing feedingstuffs in accordance with point B(c)(ii) of Part II of Annex IV to the EU TSE Regulation to—

(a)fail to ensure that feedingstuffs destined for ruminants are kept in separate facilities in accordance with the first indent of that point;

(b)fail to ensure that feedingstuffs destined for ruminants are manufactured in accordance with the second indent; or

(c)fail to make and keep a record in accordance with the third indent.

Feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to non-ruminant animals

4.—(1) Any person producing feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to non-ruminant farmed animals must do so—

(a)in accordance with point C(a) of Part II of Annex IV to the EU TSE Regulation, in an establishment authorised by the Department for the purposes of that point;

(b)in accordance with point C(a)(i) of that Part, for home compounders registered by the Department for the purposes of that point; or

(c)in accordance with point C(a)(ii) of that Part in an establishment authorised by the Department for the purposes of that point.

(2) Any person packaging such feedingstuffs must label them in accordance with point C(b) of that Part and any documentation accompanying the feedingstuffs must be in accordance with that point.

(3) Any person transporting such feedingstuffs in bulk must do so in accordance with point C(c) of that Part.

(4) Any person using a vehicle, previously used to transport such feedingstuffs, to transport feedingstuffs for ruminants must comply with the second sentence of point C(c) of that Part.

(5) The occupier of any farm where ruminants are kept must comply with the first paragraph of point C(d) of that Part unless the Department is satisfied that the provisions of the second paragraph of that point are complied with and has registered the farm under that paragraph.

Offences relating to feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to non-ruminant animals

5.—(1) Failure to comply with paragraph 4 is an offence.

(2) It is an offence for a home compounder registered under paragraph 4(1)(b) to—

(a)keep ruminants;

(b)consign feedingstuffs containing dicalcium phosphate or tricalcium phosphate (whether complete or partly complete) from their premises; or

(c)use feedingstuffs containing dicalcium phosphate or tricalcium phosphate with a phosphorus content of 10% or more in the production of complete feedingstuffs.

(3) It is an offence for any person producing feedingstuffs in accordance with point C(a)(ii) of Part II of Annex IV to the EU TSE Regulation to—

(a)fail to ensure that feedingstuffs destined for ruminants are manufactured in accordance with the first indent of that point;

(b)fail to ensure that they are kept in separate facilities in accordance with the second indent; or

(c)fail to make and keep a record in accordance with the third indent.

Blood products and blood meal

6.—(1) Any person who produces—

(a)blood products intended for feeding to non-ruminant farmed animals; or

(b)blood meal intended for feeding to fish,

must ensure that the blood comes from a slaughterhouse that is registered with the Department for the purposes of point D(a) of Part II of Annex IV to the EU TSE Regulation and meets the conditions set out in sub-paragraph (2).

(2) Those conditions are that the slaughterhouse—

(a)is not used to slaughter ruminants; or

(b)has in place a control system in accordance with the second paragraph of point D(a) of that Part to ensure that ruminant blood is kept separate from non-ruminant blood and has been authorised for the purpose by the Department.

(3) The occupier of the slaughterhouse must consign the blood in accordance with point D(a) of Part II of Annex IV to the EU TSE Regulation and any transporter must transport it in accordance with that point.

(4) Any person producing blood products or blood meal must do so in accordance with either the first or the second paragraph of point D(b) of Part II of Annex IV to the EU TSE Regulation.

(5) Any person producing blood products or blood meal for the use described in the second paragraph of point D(b) of Part II of Annex IV to the EU TSE Regulation must—

(a)have in place the control system specified in that second paragraph to ensure that products of ruminant origin are kept separate from products of non-ruminant origin; and

(b)be authorised for that purpose by the Department.

(6) Any person producing feedingstuffs containing blood products or blood meal must do so—

(a)in accordance with point D(c) of that Part, in an establishment authorised by the Department for the purposes of that point;

(b)in accordance with point D(c)(i) of that Part, for home compounders registered by the Department for the purposes of that point; or

(c)in accordance with point D(c)(ii) of that Part, in an establishment authorised by the Department for the purposes of that point.

(7) Any person packaging such feedingstuffs must label them in accordance with point D(d) of that Part and any documentation accompanying the feedingstuffs must be in accordance with that point.

(8) Any person transporting such feedingstuffs in bulk must do so in accordance with point D(e) of that Part.

(9) Any person using a vehicle, previously used to transport such feedingstuffs, to transport feedingstuffs for ruminants must comply with the second sentence of point D(e) of that Part.

(10) The occupier of any premises where ruminants are kept must comply with the first paragraph of point D(f) of that Part unless the Department is satisfied that the provisions of the second paragraph of that point are complied with and has registered the premises under that paragraph.

Offences relating to feedingstuffs containing blood products or blood meal

7.—(1) Failure to comply with paragraph 6 is an offence.

(2) It is an offence for any person collecting blood in accordance with the second paragraph of point D(a) of Part II of Annex IV to the EU TSE Regulation to fail to—

(a)slaughter animals in accordance with the first indent of that paragraph;

(b)collect, store, transport or package blood in accordance with the second indent of that paragraph; or

(c)regularly sample and analyse blood in accordance with the third indent of that paragraph.

(3) It is an offence for any person producing blood products or blood meal in accordance with the second paragraph of point D(b) of that Part to fail to—

(a)ensure that the blood is processed in accordance with the first indent of that paragraph;

(b)keep raw material and finished product in accordance with the second indent of that paragraph; or

(c)sample in accordance with the third indent of that paragraph.

(4) It is an offence for any person producing feedingstuffs in accordance with point D(c)(ii) of Part II of Annex IV to the EU TSE Regulation to fail to—

(a)ensure that feedingstuffs are manufactured in accordance with the first indent of that point; or

(b)ensure that they are kept in separate facilities in accordance with the second indent; or

(c)make and keep a record in accordance with the third indent.

(5) It is an offence for a home compounder registered under paragraph 6(6)(b) to—

(a)keep ruminant animals where blood products are used;

(b)keep animals, other than fish, where blood meal is used;

(c)consign feedingstuffs containing blood products or blood meal (whether complete or partly complete) from their premises; or

(d)use feedingstuffs containing blood products or blood meal with a total protein content of 50% or more in the production of complete feedingstuffs.

Change in use of equipment

8.—(1) It is an offence to use equipment, used to produce feedingstuffs for non-ruminant animals under paragraph 1, 4 or 6, for the production of feedingstuffs for ruminant animals unless authorised in writing by an inspector.

(2) It is an offence to use equipment, used to produce feedingstuffs for unweaned ruminant animals under paragraph 2, for the production of feedingstuffs for weaned ruminant animals, unless authorised in writing by an inspector.

Conditions applying to the storage and transport of bulk quantities of protein products and feedingstuffs containing such proteins

9.—(1) It is an offence to store or transport—

(a)bulk processed animal protein (other than fishmeal); or

(b)bulk products, including feedingstuffs, organic fertilisers and soil improvers containing such proteins,

except in accordance with point C(a) of Part III of Annex IV to the EU TSE Regulation.

(2) It is an offence to store or transport bulk fishmeal, dicalcium phosphate, tricalcium phosphate, blood products of non-ruminant origin or blood meal of non-ruminant origin, except in accordance with point C(b) and C(c) of Part III of Annex IV to the EU TSE Regulation.

(3) In addition to the requirements of sub-paragraphs (1) and (2), it is an offence to transport bulk processed animal protein or any of the materials specified in sub-paragraph (2) unless the transporter is registered with the Department for that purpose.

Conditions applying to the manufacture and transport of feedingstuffs, including petfood

10.—(1) It is an offence to manufacture, store, transport or package feedingstuffs, including petfood, that contain blood products of ruminant origin or processed animal protein, other than fishmeal, except in accordance with point D of Part III of Annex IV to the EU TSE Regulation.

(2) It is an offence to manufacture or transport feedingstuffs, including petfood, containing dicalcium or tricalcium phosphate or blood products of non-ruminant origin except in accordance with point D of that Part.

Export of processed animal protein to third countries

11.—(1) In accordance with point E(1) of Part III of Annex IV to the EU TSE Regulation it is an offence to export to third countries processed animal protein derived from ruminants and anything containing it.

(2) Sub-paragraph (1) does not apply to the export of processed petfood (including canned petfood) that contains processed animal protein derived from ruminants, provided that it has undergone treatment and is labelled in accordance with Regulation (EC) No 1774/2002.

(3) It is an offence to export processed animal protein derived from non-ruminants (and anything containing it) except in accordance with point E(2) of Part III of Annex IV to the EU TSE Regulation and an agreement in writing between the Department and the competent authority of the third country.

Fertilisers

12.—(1) It is an offence to sell or supply for use as a fertiliser on agricultural land or to possess with the intention of such sale or supply, any—

(a)mammalian protein (other than ash) derived from animal by-products classified as Category 2 material in Regulation (EC) No. 1774/2002; or

(b)ash derived from the incineration of animal by-products classified as Category 1 material in that Regulation.

(2) It is an offence to use anything prohibited in sub-paragraph (1) on agricultural land as a fertiliser.

(3) In this paragraph—

(a)“agricultural land” means land used or capable of use for the purposes of a trade or business in connection with agriculture; and

(b)“agriculture” includes fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, the use of land for woodland and horticulture (except the propagation of plants and the growing of plants within greenhouses, glass structures or plastic structures).

Record keeping for transport etc. of reject petfood

13.—(1) Any person who supplies, transports or receives any petfood containing animal protein that is not intended for use as petfood must record—

(a)the name of the manufacturer;

(b)the date of supply and receipt;

(c)the premises of origin and destination;

(d)the quantity of petfood; and

(e)the nature of the animal protein contained in the petfood.

(2) That person must keep those records for 2 years.

(3) The consignor must ensure that the petfood is labelled with the information referred to in sub-paragraph (1) or is accompanied by documentation that contains that information.

(4) Any person who fails to comply with this paragraph is guilty of an offence.

Cross-contamination of materials originating from premises where processed animal proteins (except fishmeal) are in use

14.—(1) Any person who supplies—

(a)an ingredient; or

(b)a feedingstuff product that is not identified for use as petfood but which contains an ingredient,

must comply with sub-paragraph (2).

(2) That person must ensure that—

(a)either a label affixed to the package containing the ingredient or feedingstuff; or

(b)any documentation accompanying the ingredient or feedingstuff,

indicates that the ingredient was produced on premises where any processed animal protein (other than fishmeal) is used in any manufacturing process.

(3) Any person who fails to comply with sub-paragraph (2) is guilty of an offence.

(4) In this paragraph, “ingredient” means an ingredient for use in a feedingstuff that is manufactured on premises where any processed animal protein other than fishmeal is used in any manufacturing process.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources