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The TSE (Scotland) Regulations 2002

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  1. Introductory Text

  2. Part I Introductory provisions

    1. 1.Citation, commencement and extent

    2. 2.Purpose and application

    3. 3.Interpretation

  3. Part II TSE Monitoring

    1. 4.TSE monitoring

    2. 5.Movement prohibitions and restrictions of TSE susceptible animals

    3. 6.Slaughter of TSE susceptible animals at slaughterhouses

    4. 7.Slaughter of TSE susceptible animals at other premises

    5. 8.Retention and seizure of carcases etc. of TSE susceptible animals

    6. 9.Compensation for slaughtered TSE susceptible animals

    7. 10.Notifications

  4. Part III Animal feeding

    1. Mammalian protein and mammalian meat and bone meal

      1. 11.Mammalian protein

      2. 12.Mammalian meat and bone meal for use in feedingstuffs for livestock

      3. 13.Mammalian meat and bone meal for use in fertilisers on agricultural land

    2. Processed animal protein

      1. 14.Feeding of processed animal protein to farmed animals

      2. 15.Sale or supply of processed animal protein intended for the feeding of farmed animals

      3. 16.Production of fishmeal for feeding to farmed animals other than ruminants

      4. 17.Production of dicalcium phosphate and hydrolysed protein for feeding to farmed animals other than ruminants

      5. 18.Transport and storage of processed animal protein

    3. Approvals of premises

      1. 19.Applications for approval and approvals of premises

      2. 20.Suspension and withdrawal of approvals

      3. 21.Appeals

    4. Feedingstuffs

      1. 22.Manufacture of feedingstuffs containing processed animal protein

      2. 23.Production of feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants

      3. 24.Production of feedingstuffs containing dicalcium phosphate and hydrolysed protein for feeding to farmed animals other than ruminants

      4. 25.Use and storage of feedingstuffs containing fishmeal, dicalcium phosphate or hydrolysed protein

    5. Administration and enforcement

      1. 26.Records relating to mammalian meat and bone meal and processed animal protein

      2. 27.Cleansing and disinfection

      3. 28.Powers of inspectors

      4. 29.Disposal and recall of mammalian meat and bone meal and MBM products

  5. Part IV Specified Risk Material

    1. Introductory provisions

      1. 30.Interpretation of expressions used in this Part

      2. 31.Presumptions that food intended for human consumption

    2. Carcases and specified risk material

      1. 32.Removal of specified risk material

      2. 33.Removal of specified risk material from carcases in slaughterhouses

      3. 34.Removal of specified risk material from carcases elsewhere

      4. 35.Removal of spinal cord of sheep and goats

      5. 36.Removal of vertebral column of bovine animals

      6. 37.Inspection of carcases in slaughterhouses and cutting premises

      7. 38.Prohibition on placing on the market of non-compliant carcases for human consumption

      8. 39.Staining of specified risk material

      9. 40.Consignment of specified risk material after removal from carcases

      10. 41.Young lamb stamp

      11. 42.Presence of an inspector

      12. 43.Transport of unmarked carcases of sheep and goats

      13. 44.Possession of unmarked carcases of sheep and goats

      14. 45.Laceration of central nervous tissue

    3. Prohibitions on placing on market and use of specified risk material

      1. 46.Prohibition on placing on market and use of specified risk material for human consumption

      2. 47.Prohibition on feeding specified risk material to animals

      3. 48.Specified risk material for use in cosmetic, pharmaceutical and medical products

      4. 49.Mechanically recovered meat

    4. Prohibitions on collection, transport, rendering, incineration etc. and storage of specified risk material

      1. 50.Use of premises for collection, rendering, incineration etc. of specified risk material

      2. 51.Storage of specified risk material

      3. 52.Transport of specified risk material

      4. 53.Procedure for bringing in specified risk material from England, Wales or Northern Ireland

      5. 54.Procedure for bringing in carcases containing specified risk material from England, Wales or Northern Ireland

    5. Licensing

      1. 55.Licensing of premises

      2. 56.Licensing of premises for the use of specified risk material in production or research

      3. 57.Applications for licences

      4. 58.Requirements of use of licensed premises

      5. 59.Suspension of licences

      6. 60.Revocation of licences

      7. 61.Appeals against/review in relation to suspension and revocation of licences

    6. Collection centres and incinerators

      1. 62.Collection centres

      2. 63.Incinerators

    7. Rendering plants

      1. 64.Delivery of specified risk material to rendering plants

      2. 65.Storage etc. of specified risk material at rendering plants

      3. 66.Rendering of specified risk material

      4. 67.Rendered material

    8. Administration and enforcement

      1. 68.Records

      2. 69.Cleansing and disinfection

      3. 70.Powers of inspectors

      4. 71.Recall, seizure and destruction of feedingstuffs

      5. 72.Directions

      6. 73.Compliance with notices

      7. 74.Slaughterhouse staff training

      8. 75.Compliance in relation to employees

      9. 76.Inspection and seizure of suspected food

  6. Part V Control and eradication of TSEs

    1. 77.Notification of animals suspected of being affected by a TSE

    2. 78.Measures for the purposes of Chapter IV of the Community TSE Regulation

    3. 79.Movement prohibitions and restrictions of any TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation

    4. 80.Slaughter of TSE susceptible animals at slaughterhouses for the purposes of Chapter IV of the Community TSE Regulation

    5. 81.Slaughter of TSE susceptible animals at other premises for the purposes of Chapter IV of the Community TSE Regulation

    6. 82.Retention, seizure and disposal of carcases etc. of TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation

    7. 83.Compensation for slaughtered TSE susceptible animals

    8. 84.Prohibition of sale, supply and use of milk from affected or suspected animals

  7. Part VI Article 15(2) of and Chapter B of Annex VIII to the Community TSE Regulation

    1. 85.Notification of progeny etc. of TSE suspect and confirmed animals

    2. 86.Measures to administer and enforce Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation

    3. 87.Movement prohibitions and restrictions: Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation

    4. 88.Slaughter at slaughterhouses: Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation

    5. 89.Slaughter at other premises: Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation

    6. 90.Retention and seizure of carcases etc.: Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation

    7. 91.Compensation for slaughtered animals

    8. 92.Offspring slaughter

    9. 93.Cleansing and disinfection

  8. Part VII Sampling and laboratory methods

    1. 94.Sampling and laboratory methods

  9. Part VIII Community controls, offences, penalties and enforcement

    1. 95.Community controls: powers of inspectors

    2. 96.Obstruction

    3. 97.Offences and penalties

    4. 98.Offences due to fault of another person and defence of due diligence

    5. 99.Enforcement

  10. Part IX Supplementary provisions

    1. 100.Service of notices and other documents

    2. 101.Amendments

    3. 102.Revocations and savings and transitional provisions

  11. Signature

    1. SCHEDULE 1

      Compensation

      1. Part I Compensation for TSE susceptible animals slaughtered under regulations 6 or 7

        1. 1.The compensation payable for a TSE susceptible animal slaughtered under...

        2. 2.The market value of the animal shall be determined–

        3. 3.An arbiter appointed or nominated under paragraph 2(b) or (c)...

        4. 4.Where an animal was certified by a veterinary surgeon before...

      2. Part II Compensation for carcases, parts of carcases or blood of TSE susceptible animals seized or disposed of under regulation 8

        1. 1.Subject to paragraph 5 below, the compensation for any carcase,...

        2. 2.The value of any carcase, part or blood seized or...

        3. 3.The owner of a carcase, part of a carcase or...

        4. 4.These expenses shall be deducted from the amount of any...

        5. 5.If the amount of these expenses exceed the amount of...

        6. 6.The owner shall pay to the Scottish Ministers the amount...

        7. 7.On the expiry of that period, the amount of the...

      3. Part III Compensation for TSE susceptible animals slaughtered under regulations 80 and 81

        1. 1.The compensation payable for a sheep or goat slaughtered under...

        2. 2.Where an examination at a veterinary laboratory nominated for this...

        3. 3.Where an examination at a veterinary laboratory nominated for this...

        4. Compensation for bovine animals

          1. 4.The compensation payable for a bovine animal slaughtered under regulations...

          2. 5.The following definitions apply for the purposes of this Part...

          3. 6.The compensation payable for an affected animal shall be an...

          4. 7.Where a suspected animal is slaughtered and an examination at...

          5. 8.The market value of an affected or suspected bovine animal...

          6. 9.An arbiter appointed or nominated under paragraph 8(b) or (c)...

          7. 10.The Scottish Ministers shall take such steps as they consider...

          8. 11.The compensation payable for an exposed animal shall be an...

          9. 12.For the purposes of paragraph 11(a) above the replacement value...

          10. 13.For the purposes of paragraph 11 above and Annex 2...

          11. 14.In ascertaining the percentage of a herd slaughtered for the...

          12. 15.The replacement value or market value, as the case may...

          13. 16.A valuer appointed or nominated under paragraph 15(b) or (c)...

          14. 17.Where an animal was certified by a veterinary surgeon before...

        5. Annex 1 to Part III of Schedule 1

          CALCULATION OF INDICATIVE MARKET PRICE

        6. Annex 2 to Part III of Schedule 1

          CALCULATION OF ENHANCEMENT OF COMPENSATION

          1. CALCULATION OF ENHANCEMENT OF COMPENSATION

            1. 1.(1) For bovine animals not in a closed herd, where...

            2. 2.For bovine animals in a closed herd, where the Scottish...

            3. 3.In this Annex “closed herd” means a herd into which...

      4. Part IV Compensation for carcases, parts of carcases or blood of TSE susceptible animals seized or disposed of under regulation 82

        1. 1.Subject to paragraph 5 below, the compensation for any carcase,...

        2. 2.The value of any carcase, part or blood seized or...

        3. 3.The owner of a carcase, part of a carcase or...

        4. 4.These expenses shall be deducted from the amount of any...

        5. 5.If the amount of these expenses exceed the amount of...

        6. 6.The owner shall pay to the Scottish Ministers the amount...

        7. 7.On the expiry of that period, the amount of the...

      5. Part V Compensation for any TSE suspect or confirmed animal or a first generation progeny of any such animal slaughtered under regulations 88 and 89

        1. 1.The compensation payable for a TSE suspect or confirmed animal,...

        2. 2.The market value of the animal shall be determined–

        3. 3.The arbiter appointed or nominated under paragraph 2(b) or (c)...

        4. 4.Where an animal was certified by a veterinary surgeon before...

      6. Part VI Compensation for seizure or disposal under regulation 90

        1. 1.Subject to paragraph 5 below, the compensation for any–

        2. 2.The value of any carcase, part, blood or semen, embryos...

        3. 3.The owner of a carcase, part, blood or semen, embryos...

        4. 4.These expenses shall be deducted from the amount of any...

        5. 5.If the amount of these expenses exceed the amount of...

        6. 6.The owner shall pay to the Scottish Ministers the amount...

        7. 7.On the expiry of that period, the amount of the...

    2. SCHEDULE 2

      Conditions for the transport of fishmeal for feeding to farmed animals other than ruminants

      1. 1.Fishmeal for use in the manufacture of feed for farmed...

      2. 2.If a vehicle used for the transport of fishmeal for...

      3. 3.Intermediate storage of fishmeal is allowed only if it is...

      4. 4.Fishmeal imported from a third country for use in the...

      5. 5.If a vehicle used for the transport of fishmeal imported...

    3. SCHEDULE 3

      Conditions for the production of dicalcium phosphate for feeding to farmed animals other than ruminants

      1. 1.Dicalcium phosphate for feeding to farmed animals other than ruminants...

      2. 2.The dicalcium phosphate shall be derived from bones derived from...

      3. 3.The dicalcium phosphate shall be produced by a process which...

      4. 4.Dicalcium phosphate for use in the manufacture of feed for...

    4. SCHEDULE 4

      Conditions for the production of hydrolysed protein for feeding to farmed animals other than ruminants

      1. 1.Hydrolysed protein from hides and skins shall–

      2. 2.Hydrolysed protein from fish, feather, hides and skins shall be...

      3. 3.Hydrolysed protein for use in the manufacture of feed for...

    5. SCHEDULE 5

      Application of Part IV of the Regulations to scheme animals

    6. SCHEDULE 6

      Rendering requirements

      1. PART I Requirements for premises used for rendering specified risk material

        1. 1.The premises shall be adequately separated from the public road...

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

        3. 3.The premises or part of the premises used to process...

        4. 4.The premises shall have sufficient capacity of hot water and...

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

        6. 6.To prevent recontamination of processed specified risk material by incoming...

        7. 7.The premises must have adequate facilities for cleaning and disinfecting...

        8. 8.Adequate facilities must be provided for disinfecting the wheels, immediately...

      2. PART II Methods of Rendering

        1. METHOD 1 NATURAL FAT BATCH

          1. 1.Reduction

          2. 2.Time and temperature

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

          4. 4.The specified risk material may be cooked such that the...

        2. METHOD 2 NATURAL FATCONTINUOUS OR BATCH

          1. 1.Reduction

          2. 2.Time and temperature

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

          4. 4.The specified risk material may be cooked such that the...

        3. METHOD 3 ADDED FATCONTINUOUS OR BATCH

          1. 1.Reduction

          2. 2.Time and temperature

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

          4. 4.The specified risk material may be cooked such that the...

        4. METHOD 4 CONTINUOUS OR BATCH PRESSURE

          1. 1.Reduction

          2. 2.Time and temperature

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

        5. METHOD 5 DEFATTEDCONTINUOUS OR BATCH

          1. 1.Reduction

          2. 2.Time and temperature

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

          4. 4.The specified risk material may be cooked such that the...

        6. METHOD 6 ADDED FAT CONTINUOUS ATMOSPHERIC

          1. 1.Equipment

          2. 2.Crushing

          3. 3.Cooking

          4. 4.Separation and storage of final products

          5. 5.Records

        7. METHOD 7 DEFATTED CONTINUOUS ATMOSPHERIC

          1. 1.Equipment

          2. 2.Crushing

          3. 3.Pre-heating

          4. 4.Pressing

          5. 5.Drying

          6. 6.Storage of final products

          7. 7.Records

    7. SCHEDULE 7

      Offspring Slaughter

      1. 1.Interpretation

      2. 2.Requirements relating to offspring animals

      3. 3.Notice of intended slaughter

      4. 4.Compensation for slaughtered offspring animals

      5. 5.Forms

      6. 6.Table of compensation

      7. 7.Calculation of indicative market price

    8. SCHEDULE 8

      CONSEQUENTIAL AMENDMENTS

      1. Part I Amendment to the Welfare of Animals (Slaughter or Killing) Regulations 1995

      2. Part II Amendments to the Specified Risk Material Order 1997

        1. 1.In the list of countries in article 3(3) (specified sheep...

        2. 2.In article 4(5) (specified bovine material), “Austria, Finland or” is...

        3. 3.In article 6(2A)(a) (import of class I specified risk material)...

        4. 4.In the list of countries in the declaration on the...

      3. Part III Amendment to the Cattle Identification Regulations 1998

      4. Part IV Amendments to the Animal By-Products Order 1999

        1. 1.For article 3(3)(b) (interpretation and scope), there is substituted–

        2. 2.For article 7(2)(d) (approval of premises and equipment for rendering...

        3. 3.For article 8(2) (operation of approved rendering plants), there is...

      5. Part V Amendment to the Feeding Stuffs (Scotland) Order 2000

      6. Part VI Amendment to the Cattle (Identification of Older Animals) (Scotland) Regulations 2001

      7. Part VII Amendment to the Rendering (Fluid Treatment) (Scotland) Order 2001

    9. SCHEDULE 9

      REVOCATIONS AND SAVINGS

      1. Part I Revocations

      2. Part II Savings of things done under the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and the Bovine Spongiform Encephalopathy Compensation Order 1996

        1. 1.Any notice issued under the Bovine Spongiform Encephalopathy (No. 2)...

        2. 2.Any licence issued under the Bovine Spongiform Encephalopathy (No. 2)...

        3. 3.Any notice of intended slaughter of– (a) an affected or...

        4. 4.Any notice of confirmation of intention to slaughter in Form...

        5. 5.Any notice requiring any cleansing and disinfection issued under article...

        6. 6.Any licence issued under article 12(2)(b) of the Bovine Spongiform...

        7. 7.Any licence issued under article 13(2) or 14(5) of the...

        8. 8.Any notice issued under article 16(1) of the Bovine Spongiform...

        9. 9.Any notice issued under article 16(2) of the Bovine Spongiform...

        10. 10.Any requirement to keep a record in relation to consignments...

        11. 11.The compensation payable in respect of any bovine animal slaughtered...

      3. Part III Savings of things done under the Specified Risk Material Order 1997

        1. 1.Any licence issued under article 8(5) of the Specified Risk...

        2. 2.Any approval issued under article 10(1) of the Specified Risk...

        3. 3.Any approval issued under article 12(2) of the Specified Risk...

      4. Part IV Savings of things done under the Specified Risk Material Regulations 1997

        1. 1.Any approval by the Scottish Ministers under regulation 6(1) of...

        2. 2.Any authorisation by the Agency under regulation 6(2) of the...

        3. 3.Any authorisation by the Agency under regulation 15(7) of the...

        4. 4.Any designation by the Agency under regulation 15A(4) and (5)...

        5. 5.Any appointment by the Agency of a meat technician under...

        6. 6.Any appointment by the Agency of a meat technician under...

        7. 7.Any written directions for the disposal of specified risk material...

        8. 8.Any approval of the storage of specified risk material under...

      5. Part V Savings of things done under the Fertilisers (Mammalian Meat and Bone Meal) (Conditions of Manufacture) Regulations 1998

        1. 1.Any appointment of an authorised officer under regulation 9(1) of...

        2. 2.Any appointment of a person under section 67(3)(a) of the...

      6. Part VI Savings of things done under the Sheep and Goats Spongiform Encephalopathy Order 1998, the Sheep and Goats Spongiform Encephalopathy Regulations 1998 and the Sheep and Goats Spongiform Encephalopathy (Compensation) Order 1998

        1. 1.Any notice issued under article 4 or 5 of the...

        2. 2.Any licence issued under the Sheep and Goats Spongiform Encephalopathy...

        3. 3.Any notice requiring any cleansing and disinfection issued under article...

        4. 4.Any notice of intended slaughter of an affected or suspected...

        5. 5.Any appointment of a veterinary inspector for the purposes of...

        6. 6.The compensation payable in respect of any sheep or goat...

      7. Part VII Savings of things done under the Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999

      8. Part VIII Savings of things done under the BSE Monitoring (Scotland) Regulations 2001

        1. 1.Any appointment of an inspector for the purposes of the...

        2. 2.Any appointment of a veterinary inspector for the purposes of...

        3. 3.Any appointment of an agent under regulation 3 of the...

      9. Part IX Savings of things done under the Processed Animal Protein (Scotland) Regulations 2001

        1. 1.Any approval by the Scottish Ministers under regulation 5 of...

        2. 2.Any approval by the Scottish Ministers under regulation 6 of...

        3. 3.Any approval by the Scottish Ministers under regulation 7 of...

        4. 4.Any authorisation of premises for the purposes of paragraph 6...

        5. 5.Any authorisation of premises for the purposes of paragraph 3...

        6. 6.Any authorisation of premises for the purposes of paragraph 2...

        7. 7.Any appointment of an inspector for the purposes of the...

        8. 8.Any appointment of a veterinary inspector for the purposes of...

  12. Explanatory Note

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