The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

Prohibition on feeding animal protein to non-ruminants

This section has no associated Executive Note

2.—(1) For the purposes of Article 7(2) (prohibitions concerning animal feeding) of, and point (a) of Part I of Annex IV (extension of the prohibition provided for in Article 7(1)) to, the EU TSE Regulation it is an offence to—

(a)feed to any pig, poultry, horse or any farmed non‑ruminant animal;

(b)supply for feeding to any such animal; or

(c)allow any such animal to have access to,

anything in relation to which this paragraph applies.

(2) Subject to sub‑paragraph (3), the prohibition in sub‑paragraph (1) applies in relation to—

(a)processed animal protein;

(b)gelatine of ruminant origin;

(c)blood products;

(d)hydrolysed protein;

(e)dicalcium phosphate and tricalcium phosphate of animal origin;

(f)petfood containing animal protein; and

(g)raw petfood consisting of animal protein.

(3) The prohibition in sub‑paragraph (1) does not apply in relation to—

(a)the protein specified in point A(a) of Part II of Annex IV to the EU TSE Regulation (derogations from the prohibitions provided for in Article 7(1) and (2), and specific conditions for the application of such derogations);

(b)fishmeal (and feedingstuffs containing it) that has been produced, labelled, transported and stored in accordance with the conditions in point B of that Part;

(c)dicalcium phosphate and tricalcium phosphate (and feedingstuffs containing them) that have been produced, labelled, transported and stored in accordance with the conditions in point C of that Part;

(d)blood products derived from non‑ruminants (and feedingstuffs containing them) that have been produced, labelled, transported and stored in accordance with the conditions in point D of that Part;

(e)in the case of feeding to fish, blood meal derived from non‑ruminants (and feedingstuffs containing it) that has been produced, labelled, transported and stored in accordance with the conditions in point D of that Part; and

(f)feed materials of plant origin (and feedingstuffs containing such products) in which bone spicules have been detected, if authorised by the Scottish Ministers following a risk assessment in accordance with point A(d) of that Part.

(4) In this paragraph “protein” includes any feedingstuffs containing animal protein.

(5) It is an offence to bring onto any premises where any animals specified in sub‑paragraph (1)(a) are kept anything prohibited by this paragraph, or to possess it on such premises other than—

(a)food intended for human consumption;

(b)in accordance with paragraph 3; or

(c)where authorised by an inspector and suitable measures are in place to ensure that animals specified in sub‑paragraph (1)(a) do not have access to it.