The Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (Scotland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in relation to Scotland only, amend the Bovines and Bovine Products (Trade) Regulations 1999 (S.I. 1999/1103, as amended by S.I. 1999/1554, S.S.I. 2000/62, 2000/184 and 2002/449 – “the BBPTR”). The BBPTR give effect to Commission Decisions 98/692/EC (O.J. No. L 328, 4.12.98, p.28) and 98/564/EC (O.J. No. L 273, 9.10.98, p.37) which amended Council Decision 98/256/EC (O.J. No. L 113, 15.4.98, p.32). The Regulations amend the BBPTR to–

• lift the prohibition on the production of collagen derived from the hides and skins of bovine animals slaughtered in the United Kingdom and intended for human consumption in the United Kingdom (regulations 3 and 4). The prohibition on export of such collagen from Great Britain remains in force (regulation 4 of the BBPTR); and

• make consequential amendments to regulations 6(9) and 9(3) to enable use of such collagen in products for human consumption in the United Kingdom (regulations 4 and 5).

The Regulations also impose requirements on the production of collagen derived from the hide and/or skin of a bovine animal slaughtered in the United Kingdom and intended for human consumption in the United Kingdom until 1st January 2006 (regulation 6). The Regulations apply to such domestic production requirements that reflect those which, under Council Directive 92/118/EEC(1) apply to production of collagen for human consumption for intra–Community trade. The Regulations–

• apply requirements relating to raw materials and establishments supplying them, transport and storage of raw materials, establishments producing collagen, manufacture of collagen, finished products, and wrapping, packaging, storage and transport of collagen intended for human consumption in the United Kingdom (Schedule, Part 1);

• require establishments producing collagen and collection centres and tanneries supplying the raw materials for such production to be authorised in accordance with regulations 4 and 5 of the Collagen and Gelatine (Intra–Community Trade) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/568) which implement the requirements of Commission Decision 2003/721/EC amending Council Directive 92/118/EEC (Schedule, Part 1); and

• provide that contravention of the requirements of regulation 6 is an offence, specify penalties for that offence, apply certain provisions of the Food Safety Act 1990 (1990 c. 16, amended by S.I. 2004/2990) for the purposes of regulations 6 and 7 and provide for the enforcement of regulation 6 by the relevant food authority (and/or the Scottish Ministers) (regulations 7, 8 and 9).

No Regulatory Impact Assessment has been prepared in respect of these Regulations.

(1)

(O.J. No. L 62, 15.3.93, p. 49, laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC, as last amended by Commission Regulation (EC) No. 445/2004 (O.J. No. L72, 11.3.2004, p. 60).