The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

Regulation 5(g)

SCHEDULE 8 S Restrictions on placing on the market and export

Placing on the market or export to [F1 countries outside the European Union] of bovine products S

1.—(1) It is an offence for any person to place on the market or to export (or offer to export) to [F2 countries outside the European Union] any products consisting of or incorporating any material (other than milk) derived from a bovine animal born or reared within the United Kingdom before 1st August 1996.

(2) The prohibition in sub-paragraph (1) does not apply to the hides of bovine animals born or reared within the United Kingdom before 1st August 1996 (including hides from bovine animals referred to in the third indent of point 1(a) of [F3 Chapter B of] Annex VII to the EU TSE Regulation) that have been used for leather production in accordance with Article 1(3) of Commission Decision 2007/411/EC.

(3) For the purposes of this paragraph, a bovine animal is deemed to have been born or reared in the United Kingdom before 1st August 1996 unless its cattle passport shows either that—

(a) it was born in the United Kingdom on or after 1st August 1996; or

(b) it first entered the United Kingdom on or after 1st August 1996.

Textual Amendments

F1 Words in sch. 8 para. 1 heading substituted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 27(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in sch. 8 para. 1(1) substituted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 27(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in sch. 8 para. 1(2) inserted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 10

Placing on the market or export to [F4 countries outside the European Union] of bovine animals S

2.—(1) It is an offence for any person to place on the market or to export (or offer to export) to [F5 countries outside the European Union] bovine animals born or reared in the United Kingdom before 1st August 1996.

(2) The prohibition in sub-paragraph (1) does not apply to the placing on the market of such animals for sale or supply to any person in the United Kingdom.

(3) For the purposes of this paragraph, a bovine animal is deemed to have been born or reared in the United Kingdom before 1st August 1996 unless its cattle passport shows either that—

(a) it was born in the United Kingdom on or after 1st August 1996; or

(b) it first entered the United Kingdom on or after 1st August 1996.

Textual Amendments

F4 Words in sch. 8 para. 2 heading substituted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 27(7)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in sch. 8 para. 2(1) substituted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 27(7)(d); 2020 c. 1, Sch. 5 para. 1(1)

Export to Member States of heads and un-split carcases S

3.  Subject to point 10.2 of Annex V to the EU TSE Regulation (rules on trade and export), it is an offence for any person to export (or offer to export) to [F6 a] Member State a head or un-split carcase containing specified risk material in the absence of an agreement of the kind specified in point 10.1 of that Annex.

Textual Amendments

F6 Word in sch. 8 para. 3 substituted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 27(7)(e); 2020 c. 1, Sch. 5 para. 1(1)

Export to [F7 countries outside the European Union] of products containing specified risk material S

4.  It is an offence for any person to export (or offer to export) to [F8 countries outside the European Union] heads or fresh meat of bovine, ovine or caprine animals containing specified risk material, otherwise than in accordance with point 10(3) of Annex V to the EU TSE Regulation (rules on trade and export).

Textual Amendments

F7 Words in sch. 8 para. 4 heading substituted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 27(7)(f); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in sch. 8 para. 4 substituted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 27(7)(g); 2020 c. 1, Sch. 5 para. 1(1)

Further offences relating to placing on the market and export S

5.  In addition to the offences specified in paragraphs 1 to 4, the following provisions of these Regulations specify offences relating to placing on the market and export—

(a) paragraph 7 of Schedule 3;

(b) paragraphs 8(2)(b) and (7), 10(7) and 23 of Schedule 4; and

(c) paragraph 18(1) and (3) of Schedule 6.