The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

Regulation 2(4)

SCHEDULE 1 S Ambulatory References

The EU instruments that must be construed as amended from time to time are—

(a) EU TSE Regulation;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) Regulation (EC) No. 853/2004;

(d) Regulation (EC) No. 882/2004;

(e) Commission Decision 2007/411/EC;

(f) Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk M1 ; F2 ...

(g) Commission Decision 2009/719/EC authorising certain Member States to revise their annual BSE monitoring programmes M2 [F3 ; and

(h) Regulation (EU) No 142/2011.]

Textual Amendments

F1 Sch. 1 para (b) omitted (4.3.2011) by The Animal By-Products (Enforcement) (Scotland) Regulations 2011 (S.S.I. 2011/171), reg. 1(1), sch. 2 para. 54

F2 Word in sch. 1(f) omitted (1.12.2013) by virtue of The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 2 para. 21(a)

F3 Sch. 1(h) and word inserted (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 2 para. 21(b)

Marginal Citations

M1 O.J. No. L 172, 30.6.2007, p.84, amended by Commission Decision (EC) No. 289/2008 (O.J. No. L 294, 1.11.2008, p.14).

M2 O.J. No. L 256, 29.9.2009, p.35, amended by Commission Decision 2010/66/EU (O.J. No. L 35, 6.2.2010, p.21).

Regulation 5(a)

SCHEDULE 2 S TSE monitoring

PART 1 S Monitoring for TSE

Notification of the body of a goat for the purpose of monitoring under Article 6 of the EU TSE Regulation S

F4 1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 2 para. 1 omitted (23.5.2019) by virtue of The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 6(2)(a)

Delivery of the body of a bovine animal for the purpose of monitoring under Article 6 of the EU TSE Regulation S

2.—(1) For the purpose of monitoring under Article 6 of the EU TSE Regulation, a person who has possession or control of the body of a bovine animal that must be tested for BSE in accordance with point 3.1 of Part I of Chapter A of Annex III to that Regulation (monitoring in animals not slaughtered for human consumption) must, unless directed otherwise by the Scottish Ministers, within 24 hours either—

(a) make arrangements with another person for that other person to collect it and deliver it to an approved sampling site within 72 hours; or

(b) identify an approved sampling site that will carry out the sampling and deliver the animal to that site so as to arrive at the site within 72 hours,

and failure to do so is an offence.

(2) The periods of 24 and 72 hours referred to in sub�??paragraph (1) run from the time when the animal died or was killed or the body came into the possession or control of the person to whom the requirements of that sub�??paragraph apply.

Persons collecting and delivering S

3.  A person with whom arrangements are made under paragraph 2(1)(a) for the delivery of a body to an approved sampling site must, unless directed otherwise by the Scottish Ministers, within 48 hours of the time when the body comes into that person's possession or control—

(a) identify an approved sampling site that will carry out the sampling; and

(b) ensure it is delivered to that site,

and failure to do so is an offence.

Destruction without sampling S

4.  Any person who destroys the body of a bovine animal to which paragraph 2(1) applies before it has undergone sampling at an approved sampling site, except in accordance with a direction of the Scottish Ministers, commits an offence.

Retention of bodies of bovine animals pending test results S

5.  An approved sampling site to which the body of a bovine animal has been sent for sampling in accordance with this Part must retain it in accordance with point 6.3 of Part I of Chapter A of Annex III to the EU TSE Regulation (measures following testing), and failure to do so is an offence.

Island areas S

6.—(1) The requirements of paragraphs 1(1) and 2 do not apply in an island area.

(2) In this paragraph, “island area” means—

(a) islands in the area of the Argyll and Bute Council, excluding the island of Bute;

(b) the area of Comhairle nan Eilean Siar;

(c) islands in the area of the Highland Council, excluding the island of Skye;

(d) islands in the area of North Ayrshire Council;

(e) the area of the Orkney Islands Council; and

(f) the area of the Shetland Islands Council.

(3) The exemption in sub-paragraph (1) continues to apply even if the body of the animal has been removed from an island area.

Consignment and slaughter of over-age bovine animals S

7.—(1) If a bovine animal was born or reared in the United Kingdom before 1st August 1996, it is an offence—

(a) to consign it to a slaughterhouse for human consumption (whether the animal is alive or dead); or

(b) to slaughter it for human consumption.

(2) For the purposes of sub-paragraph (1), 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.

Brain stem sampling of bovine animals (slaughterhouses) S

8.—(1) The occupier of a slaughterhouse in which a bovine animal which must be tested in accordance with point 2 of Part I of Chapter A of Annex III to the EU TSE Regulation (monitoring in animals slaughtered for human consumption) is slaughtered or (if the animal is slaughtered at a place other than a slaughterhouse) processed must—

(a) take a sample comprising the brain stem for testing in accordance with point 1 of Chapter C of Annex X to the EU TSE Regulation (sampling);

(b) ensure that the animal from which the sample has been taken can be identified; and

(c) arrange for the sample to be delivered to an approved testing laboratory,

and failure to do so is an offence.

(2) The Scottish Ministers must, by means of a notice, notify the occupier of a slaughterhouse if an animal comes into any of the categories specified in point 2.1 of Part I of Chapter A of Annex III to the EU TSE Regulation (except in the case of a dead animal consigned to a slaughterhouse with a written declaration from a veterinary surgeon that it falls into one of those categories).

(3) For the purposes of point 5 of Part I of Chapter A of Annex III to the EU TSE Regulation (monitoring in other animals), the Scottish Ministers may serve a notice on the occupier of a slaughterhouse requiring the occupier to take a sample from any bovine animal slaughtered there and send it for testing in accordance with sub�??paragraph (1).

Brain stem sampling of bovine animals (other places of slaughter) S

9.  The occupier of a place—

(a) that, for the purposes of point 4.1(a) of Annex V to the EU TSE Regulation (removal of specified risk material), is an other place of slaughter; and

(b) in which a bovine animal covered by point 2 of Part I of Chapter A of Annex III to the EU TSE Regulation (monitoring in animals slaughtered for human consumption) is slaughtered must—

(i) arrange for a sample, comprising the brain stem, to be taken for testing in accordance with point 1 of Chapter C of Annex X to the EU TSE Regulation (sampling);

(ii) ensure that the animal from which the sample has been taken can be identified; and

(iii) arrange for the sample to be delivered to an approved testing laboratory,

and failure to do so is an offence.

Approval of laboratories S

10.—(1) The Scottish Ministers must approve laboratories to test samples taken under paragraph 8 if the Scottish Ministers are satisfied that the laboratory—

(a) will carry out the testing in accordance with Chapter C of Annex X to the EU TSE Regulation (sampling and laboratory testing);

(b) has adequate quality control procedures; and

(c) has adequate procedures to ensure the correct identification of the samples and notification of the test results to the consigning slaughterhouse and to the Scottish Ministers.

(2) The Scottish Ministers may charge the fees set out in the following table for the initial approval and ongoing quality assessment of a laboratory—

Fees for laboratory approvals and quality assessment

	Fee (£)
Initial approval	29,770
Annual proficiency testing and follow�??up inspection for the first year after approval	8,834
Annual proficiency testing from the second year after approval	4,135
Single proficiency test (in the event of a failure in the annual proficiency testing)	1,385
Rate of an inspector per hour or part thereof (for any additional inspections that are necessary to check for compliance with the matters set out at sub�??paragraph (1)(a) to (c))	87.24

(3) For the purposes of this paragraph and paragraphs 8 and 9, “approved testing laboratory” means—

(a) a laboratory approved under this paragraph;

(b) a laboratory approved under corresponding legislation elsewhere in the United Kingdom;

(c) an EU National Reference laboratory M3 ; or

(d) a diagnostic laboratory approved by a Member State in accordance with Annex X to the EU TSE Regulation (reference laboratories, sampling and laboratory analysis methods).

Marginal Citations

M3 Designated under Article 33(1) of Regulation (EC) No. 882/2004 (O.J. No. L 165, 30.4.2004, p.1).

Approved sampling sites S

11.—(1) The Scottish Ministers must on application approve a sampling site to sample animals to which paragraph 2 applies if the Scottish Ministers are satisfied that the sampling site has adequate control procedures to carry out the sampling.

(2) For the purposes of this Schedule, an “approved sampling site” means a sampling site approved under this paragraph or a sampling site in another part of the United Kingdom approved by the competent authority in that part of the United Kingdom to carry out sampling under the EU TSE Regulation.

Slaughter of bovine animals S

F5 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 2 para. 12 omitted (23.5.2019) by virtue of The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 6(2)(b)

Retention of products and disposal S

13.—(1) In relation to any sampled bovine animal, the occupier of a slaughterhouse or other place of slaughter (for the purposes of point 4.1(a) of Annex V to the EU TSE Regulation (removal of specified risk material), hide market or tannery must, for the purpose of point 6.3 of Part I of Chapter A of Annex III to the EU TSE Regulation (measures following testing) and pending receipt of the test result, either—

(a) retain all carcases and all parts of the body (including the blood and the hide) that will have to be disposed of in the event of a positive result; or

(b) dispose of them in accordance with sub�??paragraph (2).

(2) For the purposes of points 6.4 and 6.5 of that Part, if a positive result is received for a sampled bovine animal, the occupier must immediately dispose of—

(a) the carcase and all parts of the body of that animal (including the blood and the hide); and

(b) unless a derogation has been granted under sub-paragraph (5), the carcase and all parts of the body (including the blood and the hide) of the animal immediately preceding that animal on the slaughter line and the 2 animals immediately following it,

in accordance with point 6.4 of that Part.

(3) If no sample has been sent to or no sample has been received by, an approved testing laboratory for testing in accordance with paragraphs 8 and 9, or if an insufficient test result is received, in respect of a bovine animal required to be tested under this Schedule, the occupier must immediately dispose of—

(a) the carcase and all parts of the body (including the blood and the hide) of that animal; and

(b) unless a derogation has been granted under sub-paragraph (5), the carcase and all parts of the body (including the blood but not the hide) of the animal immediately preceding that animal on the slaughter line and the 2 animals immediately following it,

in accordance with point 6.4 of that Part; and for the purposes of this sub-paragraph an “insufficient test result” means a certification by an approved testing laboratory that the sample sent to the laboratory was not of an adequate quality or was not of a sufficient quantity to obtain a test result.

(4) If a no-test result is received in respect of an animal required to be tested under this Schedule, the occupier must immediately dispose of the carcase and all parts of the body (including the blood and the hide) of that animal in accordance with point 6.4 of that Part; and for the purposes of this sub-paragraph a “no-test result” means a negative result from a sample following multiple rapid testing where such testing was certified as necessary by an approved testing laboratory.

(5) The Scottish Ministers may grant in writing a derogation under point 6.6 of Part I of Chapter A of Annex III to the EU TSE Regulation if they are satisfied that there is a system in place that prevents contamination between carcases.

(6) Failure to comply with sub�??paragraphs (1) to (4) is an offence.

TSE sampling of sheep, goats and deer S

14.—(1) In relation to any sheep or goat selected for sampling, the occupier of a slaughterhouse, hide market or tannery must—

(a) for the purposes of point 7.3 of Part II of Chapter A of Annex III to the EU TSE Regulation (measures following testing of ovine and caprine animals), retain the carcase and all parts of the body (including the blood and the hide) pending receipt of the test result (except to the extent that point 7.3 permits direct disposal of animal by-products pending receipt of a negative rapid test result); and

(b) in the event of a positive result, immediately dispose of the carcase and all parts of the body (including the blood and the hide) in accordance with point 7.4 of that Part.

(2) Where—

(a) a sheep, goat or deer has died, or has been killed, other than for human consumption; and

(b) either—

(i) the death or killing occurred at premises approved, or required to be approved, under [F6 Articles 24 and 44 of Regulation (EC) No 1069/2009]; or

(ii) the carcase of the sheep, goat or deer has been taken to those premises,

the occupier of the premises must comply with any direction given by the Scottish Ministers requiring the carcase to be sampled at the premises.

(3) In relation to any deer selected for monitoring for TSE in accordance with Part III of Chapter A of Annex III to the EU TSE Regulation (monitoring in other animal species), the occupier of a slaughterhouse, hide market or tannery must—

(a) retain the carcase and all parts of the body (including the blood and the hide) pending receipt of the test result; and

(b) in the event of a positive result, immediately dispose of the carcase and all parts of the body (including the blood and the hide) in accordance with point 7.4 of Part II of Chapter A of Annex III to the EU TSE Regulation.

(4) Failure to comply with sub-paragraph (1), (2) or (3) is an offence.

Textual Amendments

F6 Words in sch. 2 para. 14(2)(b)(i) substituted (4.3.2011) by The Animal By-Products (Enforcement) (Scotland) Regulations 2011 (S.S.I. 2011/171), reg. 1(1), sch. 2 para. 55

Compensation S

15.—(1) If an animal slaughtered for human consumption tests positive, the Scottish Ministers must pay to the occupier of the slaughterhouse or other place of slaughter compensation for the carcase and all parts of the body (including the blood and the hide) of—

(a) that animal; and

(b) if they are destroyed because of that positive result, the animal immediately preceding it on the slaughter line and the 2 animals immediately following it.

(2) The compensation is the market value, established under the procedure in regulation 11(1) to (7) (reading “occupier” wherever “owner” is mentioned in that regulation), with the occupier paying any fee arising for nominating and employing a valuer.

(3) For the purposes of sub-paragraph (2), the market value is the price that would reasonably be expected to have been obtained for the animal from a buyer in the open market at the time of the valuation and on the assumption that the animal was not affected by a TSE.

(4) Compensation under this paragraph is not payable in any other case.

F7 PART 2 S Contents of the RMOP

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 2 Pt. 2 omitted (23.5.2019) by virtue of The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 6(3)

Regulation 5(b)

SCHEDULE 3 S Control and eradication of TSE in bovine animals

Notification S

1.—(1) For the purposes of Article 11 of the EU TSE Regulation (notification), any person who has possession or control of any bovine animal suspected of having a TSE must immediately notify the Scottish Ministers and detain it on the premises until it has been examined by a veterinary inspector.

(2) Any veterinary surgeon who examines or inspects any bovine animal suspected of having a TSE must, with all practical speed, notify the Scottish Ministers.

(3) Any person (other than the Scottish Ministers) who examines the body of any bovine animal, or any part of it, in a laboratory and who reasonably suspects the presence of a TSE must immediately notify the Scottish Ministers, and retain the body and any parts of it until a veterinary inspector has authorised disposal.

(4) Failure to comply with this paragraph is an offence.

Restriction of a notified animal S

2.—(1) Where a bovine animal is the subject of notification under paragraph 1, an inspector may serve a notice prohibiting its movement from the premises pending determination of whether or not it is suspected of having a TSE.

(2) Movement of restricted animals is only permitted in accordance with regulation 16.

Killing of a suspect animal S

3.—(1) For the purposes of paragraphs (1) and (2) of Article 12 of the EU TSE Regulation (measures with respect to suspect animals), if a veterinary inspector suspects that a bovine animal has a TSE the veterinary inspector must—

(a) cause it to be killed on the holding immediately;

(b) remove its cattle passport and serve a notice prohibiting the animal from being moved from the holding until it has been killed; or

(c) ensure that its cattle passport is stamped “Not for human consumption” and serve a notice directing the owner to consign it to other premises for killing and prohibiting movement other than in accordance with that direction.

(2) The inspector must restrict the movement of other bovine animals on the holding in accordance with the second, third and fifth paragraphs of Article 12(1) of the EU TSE Regulation and Article 2(1)(a) of Commission Decision 2007/411/EC.

(3) The inspector may restrict the movement of bovine animals on other holdings in accordance with the fourth paragraph of Article 12(1) of the EU TSE Regulation.

(4) If the suspect animal is killed on the holding, it is an offence to remove the body from that holding except in accordance with a written direction from an inspector.

(5) If the suspect animal is not killed immediately, its keeper must dispose of its milk in such a way that it cannot be consumed by humans or animals except its own calf or animals kept for research purposes, and failure to comply with this sub�??paragraph is an offence.

Identification and restriction of progeny and cohorts S

4.—(1) In accordance with Article 13(2) of the EU TSE Regulation (measures following confirmation of the presence of a TSE) as read with Article 2(1)(b) and (2) of Commission Decision 2007/411/EC, if—

(a) a veterinary inspector suspects that a bovine animal has a TSE;

(b) the monitoring of carcases under Part 1 of Schedule 2 or under Annex III to the EU TSE Regulation (monitoring system) confirms that an animal is suspected of having a TSE; or

(c) the competent authority of another part of the United Kingdom or another Member State notifies the Scottish Ministers that a bovine animal is suspected of having a TSE,

an inspector must identify—

(i) (if the suspect animal is female) all its progeny born within 2 years prior to, or after, clinical onset of the disease; and

(ii) in all cases all its bovine cohorts born on or after 1st August 1996,

and for these purposes the animal's date of birth is the one shown on its cattle passport.

(2) An inspector must serve notices prohibiting movement of the animals identified in accordance with sub-paragraph (1) from the holding on which they are kept or where the inspector suspects they may be kept (whether or not this is the same holding as that of the suspect animal) and remove their cattle passports.

(3) If the inspector cannot immediately identify the animals specified in sub�??paragraph (1) the inspector must prohibit the movement of all bovine animals from the holding pending identification.

(4) Movements of restricted animals are only permitted in accordance with regulation 16.

Action following confirmation of test result S

5.—(1) In accordance with Article 13(1)(c) of, and point 2 of Chapter A of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE) as read with Article 2(1)(b) and (2) of Commission Decision 2007/411/EC, when it is confirmed that a bovine animal had a TSE an inspector must cause to be killed—

(a) (if the animal is female) all its progeny born within 2 years prior to, or after, clinical onset of the disease; and

(b) in all cases, all the bovine animals in its cohort born on or after 1st August 1996 except where—

(i) an inspector is satisfied that the animal did not have access to the same feed as the animal in which a TSE was confirmed; or

(ii) the animal is a bull that is kept at, and will not be removed from, a semen collection centre, but it is an offence to remove the animal from the centre except to be killed, and when it is killed the owner must ensure that the carcase is completely destroyed, and failure to do so is an offence.

(2) If the animal is not killed on the holding, an inspector must ensure that its cattle passport is stamped “Not for human consumption” and serve a notice directing the owner to consign it to other premises for killing as specified in the direction.

(3) If the test is confirmed as negative the inspector must remove all restrictions imposed because of the suspect animal and return the cattle passports.

(4) When an animal is killed under this paragraph, it is an offence to remove the body of the animal from the premises on which it was killed except in accordance with a written direction from an inspector.

(5) The appeals procedure in regulation 10 applies to a decision to kill under sub-paragraph (1)(b), and no animal may be killed until—

(a) receipt of written notification from the person on whom the notice is served that that person has no intention to proceed with an appeal;

(b) after the 21 day period for appeal under regulation 10 has expired; or

(c) if there is an appeal, the appeal is refused or withdrawn.

(6) When an animal is killed under this paragraph, it is an offence to remove the carcase from the premises on which it was killed except in accordance with a written direction from an inspector.

Death while under restriction S

6.  If a bovine animal dies or is killed while it is under restriction for any reason under this Schedule, the owner must immediately notify the Scottish Ministers and retain the body on the premises until the owner is directed in writing to move or dispose of it by an inspector, and it is an offence not to comply with this paragraph or to fail to comply with a direction under it.

Placing on the market of progeny S

7.  Any person who places on the market a bovine animal in contravention of Article 15(2) (live animals, their semen, embryos and ova) of, and Chapter B of Annex VIII (conditions relating to progeny of TSE suspect or confirmed animals referred to in Article 15(2)) to, the EU TSE Regulation is guilty of an offence.

When compensation is payable S

8.  The Scottish Ministers must pay compensation—

(a) when an animal is killed under this Schedule;

(b) when an animal is to be killed under this Schedule, and has been valued for the purposes of compensation, but dies (or is killed for other reasons) after valuation; or

(c) where an animal is subject to a movement restriction under this Schedule and has to be killed as an emergency and a veterinary surgeon has declared in writing that the animal would otherwise have been fit for human consumption in accordance with Chapter VI of Section I of Annex III to Regulation (EC) No. 853/2004 (emergency slaughter outside the slaughterhouse), in which case compensation is the market value of the body (including the blood and the hide).

Amount of compensation payable S

9.—(1) The compensation is the average price paid in Great Britain for that age and category of animal—

(a) for a pedigree animal, in the previous 6 months before the date of its valuation; and

(b) for any other bovine animal, in the previous month before the date of its valuation.

(2) A pedigree animal is one for which a pedigree certificate has been issued by a breeders' organisation or association that fulfils the conditions of Commission Decision 84/247/EEC laying down the criteria for the recognition of breeders' organisations and associations which maintain or establish herd-books for pure-bred breeding animals of the bovine species M4 .

(3) The Scottish Ministers must categorise animals as follows, and for the purposes of determining which category the animal falls into, the age of the animal is the age, as shown by its cattle passport, at the date on which the notice of intention to kill was served—

Categories
Male		Female
Beef Sector – non-pedigree animal
Up to and including 3 months		Up to and including 3 months
Over 3 months up to and including 6 months		Over 3 months up to and including 6 months
Over 6 months up to and including 9 months		Over 6 months up to and including 9 months
Over 9 months up to and including 12 months		Over 9 months up to and including 12 months
Over 12 months up to and including 16 months		Over 12 months up to and including 16 months
Over 16 months up to and including 20 months		Over 16 months up to and including 20 months
Over 20 months—		Over 20 months—
	Breeding bulls		Calved
	Other		Not calved
Dairy Sector – non-pedigree animal
Up to and including 3 months		Up to and including 3 months
Over 3 months up to and including 6 months		Over 3 months up to and including 6 months
Over 6 months up to and including 12 months		Over 6 months up to and including 12 months
Over 12 months up to and including 16 months		Over 12 months up to and including 16 months
Over 16 months up to and including 20 months		Over 16 months up to and including 20 months
Over 20 months		Over 20 months–
				Calved
				Not calved
Beef Sector – pedigree animal
6 months up to and including 12 months		6 months up to and including 12 months
Over 12 months up to and including 24 months		Over 12 months up to and including 24 months
Over 24 months		Over 24 months (not calved)
		Calved under 36 months
		Calved 36 months and over
Dairy Sector – pedigree animal
Up to and including 2 months		Up to and including 2 months
Over 2 months up to and including 12 months		Over 2 months up to and including 10 months
Over 12 months up to and including 24 months		Over 10 months up to and including 18 months
Over 24 months		Over 18 months (not calved)
		Calved under 36 months
		Calved 36 months and over.

Marginal Citations

M4 O.J. No. L 125, 12.5.1984, p.58, amended by Commission Decision (EC) No. 2007/371/EC (O.J. L 140, 1.6.2007, p.49).

Exceptions S

10.—(1) Where the Scottish Ministers consider that the data to calculate the average price is inadequate, they may pay compensation at—

(a) for animals in that category, the most recent previously calculated average price for which there was sufficient data to calculate the average price; or

(b) for the individual animal, the market value.

(2) For buffalo or bison, compensation is the market value.

(3) The market value is the price that might reasonably have been obtained for the individual animal—

(a) from a purchaser in the open market;

(b) at the time of valuation;

(c) on the assumption that the animal was not from a herd affected by a TSE; and

(d) calculated in accordance with regulation 11.

(4) Where the owner and the Scottish Ministers cannot agree on a market value, the valuation must be carried out in accordance with the procedure laid down in regulation 11(3) to (8) with the owner paying any valuation fee arising.

Regulation 5(c)

SCHEDULE 4 S Control and eradication of TSE in sheep and goats

Notification S

1.—(1) For the purposes of Article 11 of the EU TSE Regulation (notification), any person who has possession or control of any sheep or goat suspected of having a TSE must immediately notify the Scottish Ministers and detain it on the premises until it has been examined by a veterinary inspector.

(2) Any veterinary surgeon who examines or inspects any sheep or goat suspected of having a TSE must, with all practical speed, notify the Scottish Ministers.

(3) Any person (other than the Scottish Ministers) who examines the body of any sheep or goat, or any part of it, in a laboratory and who reasonably suspects the presence of a TSE must immediately notify the Scottish Ministers, and retain the body and any parts of it until a veterinary inspector has authorised disposal.

(4) Failure to comply with this paragraph is an offence.

Restriction of a notified animal S

2.—(1) When a sheep or goat is the subject of notification under paragraph 1, a veterinary inspector may, pending determination of whether or not it is suspected of having a TSE, serve a notice prohibiting the movement of the animal from its holding and the movement of any other sheep or goat on to or from that holding.

(2) Movements of restricted animals are only permitted in accordance with regulation 16.

Killing of a suspect animal S

3.—(1) For the purposes of Article 12(1) and (2) (measures with respect to suspect animals) of the EU TSE Regulation, if a veterinary inspector suspects that a sheep or goat has a TSE, the inspector must—

(a) cause the animal to be killed on the holding immediately;

(b) serve a notice prohibiting the animal from being moved from the holding until it has been killed; or

(c) serve a notice directing the owner to consign the animal to other premises for killing and prohibiting movement other than in accordance with that direction.

(2) If the animal is killed on the holding, it is an offence to remove the body from the holding except in accordance with a written direction from an inspector.

Movement restrictions S

4.—(1) For the purposes of Article 12(1) (measures with respect to suspect animals) of, and point 2.2 of [F8 Chapter B] of Annex VII (measures following confirmation of the presence of a TSE) to, the EU TSE Regulation, following suspicion of a TSE (whether in a live animal or through the monitoring under Annex III to the EU TSE Regulation (monitoring system)), an inspector—

(a) must serve a notice prohibiting the movement onto or from its holding of any sheep or goat on the same holding as the suspect animal if the inspector considers that the animal was exposed to a TSE on that holding;

(b) may serve a notice prohibiting the movement onto or from any holding of any sheep or goat if there is evidence that the suspect animal was exposed to a TSE on that holding;

(c) may serve a notice prohibiting movement onto or from a holding where an animal specified in point 1(b) of [F8 Chapter B] of Annex VII to the EU TSE Regulation (measures following confirmation of the presence of a TSE) is kept or where the inspector suspects such an animal is kept; and

(d) must serve a notice prohibiting the movement of sheep or goat milk, or sheep or goat milk products, derived from any sheep or goat present on any holding referred to in paragraphs (a) to (c).

(2) Movements of restricted animals or products are only permitted in accordance with regulation 16.

(3) To avoid doubt, a notice served under sub-paragraph (1)(d) does not prohibit the use of milk or milk products within the holding.

(4) A notice referred to in sub-paragraph (1)(a) to (d) remains in force until one of paragraphs 5, 6, 7 or 9 applies.

Textual Amendments

F8 Words in sch. 4 para. 4 substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(2)

Action where TSE is not confirmed S

5.  If it is confirmed that the sheep or goat did not have a TSE, an inspector must remove as soon as reasonably practicable all restrictions imposed because the sheep or goat was suspected of having a TSE.

Action following confirmation of TSE in sheep S

6.—(1) When it is confirmed that a suspect sheep or the body of a sheep monitored under Annex III to the EU TSE Regulation (monitoring system) has a TSE, and BSE is excluded in accordance with the procedure set out in point 3.2(c) of Chapter C of Annex X to that Regulation (further examination of positive TSE cases), the Scottish Ministers, after—

(a) carrying out the inquiry specified in [F9 point 2.2 of Chapter B] of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE); and

(b) sampling the animals to establish their genotype (if this is necessary),

must decide which of the options set out in [F10 point 2.2 of Chapter B] of Annex VII to the EU TSE Regulation they intend to exercise.

(2) The Scottish Ministers must then serve a notice on the occupier of the holding identifying which of the options in [F11 point 2.2 of Chapter B] of Annex VII to that Regulation they intend to exercise.

(3) The notice must specify—

(a) the identity of the animals to be killed and destroyed;

(b) the identity of any animals to be slaughtered for human consumption;

(c) the identity of any animals that may be detained;

(d) the identity of any ovum or embryo to be destroyed; and

(e) the time limit for complying with the notice.

(4) The appeals procedure in regulation 10 applies in relation to any decision of the Scottish Ministers under this paragraph.

Textual Amendments

F9 Words in sch. 4 para. 6(1)(a) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(3)(a)

F10 Words in sch. 4 para. 6(1) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(3)(b)

F11 Words in sch. 4 para. 6(2) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(3)(b)

Confirmation of TSE in goats S

7.—(1) This paragraph applies if it is confirmed that a suspect goat, or a body of a goat monitored under Annex III to the EU TSE Regulation, is affected with a TSE, and BSE is excluded in accordance with the procedure set out in point 3.2(c) of Chapter C of Annex X to that Regulation (further examination of positive TSE cases), except where the Scottish Ministers decide to exercise the power in paragraph 10(3).

(2) The Scottish Ministers, after carrying out the inquiry specified in Article 13(1)(b) of, and [F12 point 2.2 of Chapter B] of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE), must serve a notice on the occupier of the holding informing him or her that the Scottish Ministers intend to kill and destroy all the goats on the holding and all embryos and ova from those animals in accordance with Article 13(1)(c) of, and [F13 point 2.2 of Chapter B] of Annex VII, to that Regulation.

(3) The appeals procedure in regulation 10 applies in relation to any decision of the Scottish Ministers under this paragraph.

Textual Amendments

F12 Words in sch. 4 para. 7(2) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(4)(a)

F13 Words in sch. 4 para. 7(2) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(4)(b)

Use of milk and milk products following confirmation of classical scrapie S

8.—(1) This paragraph applies to milk or milk products derived from a sheep or goat that is to be destroyed in accordance with paragraph 6 or 7.

(2) Milk and milk products must not—

(a) be used for feeding ruminants, other than ruminants within the holding; or

(b) be exported, or allowed to be exported, to any other Member State or third country as feed for non-ruminants.

(3) Milk and milk products that are to be fed to non-ruminants in the United Kingdom must be—

(a) accompanied by documentation that clearly states that it must not be fed to ruminants; and

(b) contained in packaging that is clearly marked “must not be fed to ruminants”.

(4) Feedingstuffs containing milk or milk products must not be stored on farms where ruminants are kept.

(5) Bulk feedingstuffs containing milk or milk products must not be transported in vehicles that also transport feedingstuffs for ruminants.

(6) Vehicles that have transported bulk feedingstuffs containing milk or milk products must, before being used for transporting any feedingstuffs intended for ruminants, be thoroughly cleaned so as to avoid cross-contamination, in accordance with a procedure approved by the Scottish Ministers.

(7) Failure to comply with any of sub-paragraphs (2) to (6) is an offence.

Inability to exclude BSE in sheep or goats S

9.—(1) This paragraph applies if a TSE is confirmed in a suspect sheep or goat, or a body of a sheep or goat monitored under Annex III to the EU TSE Regulation (monitoring system), and BSE cannot be excluded by the results of a ring trial carried out in accordance with the procedure set out in point 3.2(c) of Chapter C of Annex X to that Regulation (further examination of positive TSE cases).

(2) The Scottish Ministers, after carrying out the inquiry specified in Article 13(1)(b) of, and [F14 point 2.2 of Chapter B] of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE), must serve a notice on the occupier of the holding informing him or her of the Scottish Ministers' intention to have the animals killed and destroyed, and the embryos and ova destroyed and the milk and milk products destroyed, in accordance with Article 13(1)(c), and [F15 point 2.2.1 of Chapter B] of Annex VII to that Regulation.

(3) In sub-paragraph (2), “milk and milk products” means the milk and milk products that derived from the animals that were present on the relevant holding on and from the date on which notice was served under paragraph 4(1)(d).

(4) The appeals procedure in regulation 10 applies in relation to any decision of the Scottish Ministers under this paragraph.

Textual Amendments

F14 Words in sch. 4 para. 9(2) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(5)(a)

F15 Words in sch. 4 para. 9(2) substituted (23.5.2019) by virtue of The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(5)(b)

[F16 Confirmation of atypical scrapie in sheep or goats S

10.   If the TSE is confirmed in a suspect sheep or goat as atypical scrapie, but BSE is excluded, the Scottish Ministers, after carrying out an inquiry, must serve a notice informing the occupier that the holding will be subject to intensified TSE monitoring in accordance with Annex 7 to the EUTSE Regulation.]

Textual Amendments

F16 Sch. 4 para. 10 substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(6)

Derogation S

11.—(1) Subject to sub-paragraphs (2) to (4)—

(a) the Scottish Ministers may decide to delay the destruction of any animals specified in a notice served under paragraph 6 or 7; or

(b) the occupier of the relevant holding may apply to the Scottish Ministers for a delay in the destruction of any such animals.

(2) The Scottish Ministers must not decide upon, or consent to, a delay unless satisfied that—

(a) the frequency of ARR allele within the relevant breed or holding is low or absent; or

(b) a delay is necessary in order to avoid inbreeding.

(3) Subject to sub-paragraph (4), the Scottish Ministers may decide upon, or consent to, a delay of up to 5 breeding years.

(4) The Scottish Ministers must not decide upon, or consent to—

(a) any delay, if a breeding ram (other than a ram of the ARR/ARR genotype present within the breed or holding) is on the holding; or

(b) a delay of more than 18 months in relation to sheep or goats kept for the production of milk or milk products intended for placing on the market.

(5) An application under sub-paragraph (1)(b) must be in writing and must set out in full the reasons for the application.

(6) The Scottish Ministers must provide the applicant with a decision in writing, stating that the Scottish Ministers—

(a) consent to the application;

(b) consent in part to the application; or

(c) refuse the application.

(7) The Scottish Ministers may impose any conditions that they consider to be reasonably necessary in relation to any decision made, or consent granted, under this paragraph.

(8) Unless the Scottish Ministers consent to the application in full, the appeals procedure in regulation 10 applies in relation to any decision by the Scottish Ministers under this paragraph.

Time for appeals S

12.  The Scottish Ministers must not cause to be killed any sheep or goat, or cause to be destroyed any ovum or embryo, under this Schedule until—

(a) they have received written notification from the person on whom the notice is served that that person has no intention to proceed with an appeal;

(b) after the 21 day period for appeal under regulation 10 has expired; or

(c) if there is an appeal, the appeal is refused or withdrawn.

Killing and destruction following confirmation S

13.—(1) An inspector must ensure that all the animals specified for killing in the notice under paragraph 6(2), 7(2) [F17 or 9(2)] are killed and that all the ova and embryos specified for destruction in the notice are destroyed.

(2) If an animal is not killed on the holding, an inspector must direct the owner in writing to consign it to other premises for killing as specified in the direction.

(3) When an animal has been killed under this paragraph, it is an offence to remove the body from the premises on which it was killed except in accordance with a written direction from an inspector.

Textual Amendments

F17 Words in sch. 4 para. 13(1) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(7)

Animals from another holding S

14.  For the purposes of [F18 point 2.2 of Chapter B] of Annex VII to the EU TSE Regulation (measures following confirmation of the presence of a TSE), if the animal with a TSE was introduced from another holding, the Scottish Ministers may act in accordance with this Schedule in relation to the holding of origin in addition to, or instead of, the holding on which a TSE was confirmed.

Textual Amendments

F18 Words in sch. 4 para. 14 substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(8)

[F19 Common grazing S

15.   In the case of any animal with a TSE on common grazing, the Scottish Ministers may limit movement restrictions and killing to an individual flock or herd.]

Textual Amendments

F19 Sch. 4 para. 15 substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(9)

[F20 Multiple flocks on a holding S

16.   Where more than one flock or herd is kept on a single holding, the Scottish Ministers may limit movement restrictions and killing to an individual flock or herd.]

Textual Amendments

F20 Sch. 4 para. 16 substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(10)

Subsequent occupiers S

17.—(1) If there is a change in occupation of the holding, the previous occupier must ensure that the subsequent occupier is made aware of the existence and contents of any notice served under this Schedule, and failure to do so is an offence.

(2) The subsequent occupier must comply with the notice as if that notice were served on that occupier and failure to do so is an offence.

Introduction of animals onto a holding S

18.  Any person who introduces an animal onto a holding in contravention of [F21 point 3.2 of Chapter B] of Annex VII to the EU TSE Regulation is guilty of an offence.

Textual Amendments

F21 Words in sch. 4 para. 18 substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(11)

Use of ovine germinal products S

19.  Any person who uses ovine germinal products in contravention of [F22 point 3.3 of Chapter B] of Annex VII to the EU TSE Regulation is guilty of an offence.

Textual Amendments

F22 Words in sch. 4 para. 19 substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(12)

Movement of animals from a holding S

20.  Any person who moves an animal from a holding in contravention of [F23 point 3.4 of Chapter B] of Annex VII to the EU TSE Regulation is guilty of an offence.

Textual Amendments

F23 Words in sch. 4 para. 20 substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(13)

Period of movement restrictions S

21.  For the purposes of [F24 point 3.5 of Chapter B] of Annex VII to the EU TSE Regulation the relevant dates must be established by the Scottish Ministers giving written notification of those dates to the occupier of the holding.

Textual Amendments

F24 Words in sch. 4 para. 21 substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(14)

Death while under restriction S

22.  If any animal aged 18 months or over dies or is killed while it is under restriction for any reason under this Schedule or Annex VII to the EU TSE Regulation, the owner must immediately notify the Scottish Ministers, and retain the body on the premises until the owner is directed in writing to move or dispose of it by the Scottish Ministers, and it is an offence not to comply with this paragraph or to fail to comply with a direction under it.

Placing on the market of progeny of sheep or goats in which BSE is confirmed S

23.  Any person who places on the market any first generation progeny, semen, embryo or ovum of a sheep or goat suspected of, or confirmed with, a TSE in contravention of Article 15(2) of the EU TSE Regulation and Chapter B of Annex VIII to that Regulation is guilty of an offence.

Compensation for a sheep or goat slaughtered as a suspect animal S

24.—(1) The Scottish Ministers must pay compensation in accordance with this paragraph for a sheep or goat killed as a suspect animal.

(2) Where it is confirmed that it was affected with a TSE, the compensation is—

(a) £30 in the case of an animal at the end of its productive life; and

(b) £90 in any other case.

(3) Where it is not confirmed that it was affected with a TSE, the compensation is the higher of—

(a) the amount that would have been payable under this paragraph if it had been confirmed the animal was affected with a TSE; and

(b) such sum as appears to the Scottish Ministers, having regard to any information provided by the owner of the animal and any other relevant information, to reflect the market value of the animal, subject to a maximum sum of £400 for each animal.

Compensation for animals killed or products destroyed following confirmation of TSE S

25.  The Scottish Ministers must pay compensation to the owner of animals killed and products destroyed under this Schedule following confirmation of a TSE in accordance with the following provisions of this paragraph—

Compensation

Animal or product	Compensation (£)
Male sheep or goat	90
Female sheep or goat	65
Lamb (under 12 months old) or kid (under 12 months old)	40
Embryo	150
Ovum	5.

Valuations S

26.—(1) If the owner of an animal or product considers the compensation in the preceding paragraph to be unreasonable a valuation must be carried out in accordance with the procedure laid down in regulation 11(3) to (8), with the owner paying any valuation fee arising.

(2) When carrying out a valuation under regulation 11(5), the valuer must value the animal or product at the price that might reasonably have been obtained for it at the time of valuation from a buyer in the open market as if the animal or product was not from a flock or herd affected by TSE.

Compensation for milk and milk products compulsorily destroyed in accordance with paragraph 9 S

27.—(1) The Scottish Ministers must pay compensation in accordance with this paragraph for milk and milk products destroyed pursuant to paragraph 9.

(2) The compensation payable is that which the Scottish Ministers believe might reasonably have been obtained for it on the open market if the milk or milk product had not been compulsorily destroyed and had not been milk that derived from a flock or herd affected by TSE.

(3) If the owner of milk or milk products considers the compensation in the preceding paragraph to be unreasonable, a valuation must be carried out in accordance with the procedure laid down in regulation 11(3) to (8), with the owner paying any valuation fee arising.

Regulation 5(d)

SCHEDULE 5 S Control and eradication of TSE in animals that are not bovine, ovine or caprine

Notification S

1.—(1) For the purposes of Article 11 of the EU TSE Regulation (notification), any person who has in his or her possession or under his or her control any animal that is not bovine, ovine or caprine that is suspected of being affected by a TSE must immediately notify the Scottish Ministers and detain it on the premises until it has been examined by a veterinary inspector.

(2) Any veterinary surgeon who examines or inspects any such animal must, with all practical speed, notify the Scottish Ministers of that examination or inspection.

(3) Any person (other than the Scottish Ministers) who examines the body of an animal that is not bovine, ovine or caprine, or any part of it, in a laboratory and who reasonably suspects the presence of a TSE must immediately notify the Scottish Ministers, and retain the body and any parts of it until a veterinary inspector has authorised disposal.

(4) Failure to comply with this paragraph is an offence.

Restriction of a notified animal S

2.—(1) If an animal is the subject of notification under paragraph 1, a veterinary inspector may serve a notice prohibiting the movement of that animal from its holding, pending determination of whether or not it is suspected of being affected with a TSE.

(2) Movements of restricted animals are only permitted in accordance with regulation 16.

Slaughter of a suspect animal S

3.—(1) For the purposes of Article 12(1) and (2) of the EU TSE Regulation (measures with respect to suspect animals), if a veterinary inspector suspects that an animal that is not bovine, ovine or caprine is affected with a TSE, he or she may either—

(a) kill it on the holding immediately;

(b) serve a notice prohibiting the animal from being moved from the holding until it has been killed; or

(c) serve a notice directing the owner to consign it to other premises for killing and prohibiting movement other than in accordance with that direction.

(2) If the animal is killed on the holding, it is an offence to remove the body from the holding or dispose of it except in accordance with a written direction from an inspector.

Compensation S

4.—(1) Where an animal is killed under paragraph 3, the Scottish Ministers must pay compensation.

(2) The compensation is the market value of the animal at the time it is killed.

(3) For the purposes of this paragraph, the market value—

(a) must be calculated in accordance with the procedure in regulation 11;

(b) must be the price that would reasonably be expected to have been obtained for the animal from a buyer in the open market at the time of the valuation; and

(c) on the assumption that the animal was not from a group affected by a TSE.

(4) Where the owner and the Scottish Ministers cannot agree on a market value, the valuation must be carried out in accordance with the procedure laid down in regulation 11(3) to (8), with the owner paying any valuation fee arising.

Regulation 5(e)

[F25 SCHEDULE 6 S Feedingstuffs

Textual Amendments

F25 Sch. 6 substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), reg. 1, sch.

Killing of animals that have had access to unlawful feedingstuffs S

1.— (1) Where an inspector has reasonable grounds to believe that an animal has been fed or has had access to any material prohibited by Article 7 of, and listed in Annex 4 to, the EUTSE Regulation (referred to in this schedule as unlawful feedingstuffs), that inspector may serve a notice on the owner or person in charge of the animal in accordance with sub-paragraph (2).

(2) The notice may require the owner or person in charge of the animal to—

(a) kill the animal and dispose of it, as specified in the notice; or

(b) keep the animal on such holding and in such manner as the notice provides.

(3) Where a bovine animal is required by notice to be killed an inspector must ensure that the relevant cattle passport is stamped “Not for human consumption”.

(4) Any animal the cattle passport for which has been stamped under sub-paragraph (2) must not be consigned for slaughter for human consumption.”.

Compensation S

2.— (1) Where an animal is killed because an inspector has reasonable grounds to believe that a TSE susceptible animal has been fed or has had access to unlawful feedingstuffs which consist of—

(a) specified risk material,

(b) any material that the inspector has reasonable grounds to believe carries the risk of TSE infectivity, or

(c) animal protein for which the inspector cannot establish the origin of the TSE infectivity risk,

the Scottish Ministers may pay compensation in accordance with sub-paragraph (4) if the Scottish Ministers consider it appropriate in all the circumstances.

(2) The Scottish Ministers must give notice of any decision to pay compensation in writing to the owner of the animal.

(3) The appeal procedure in regulation 10 applies in relation to any such decision.

(4) The compensation for—

(a) a bovine animal is the value established in accordance with schedule 3;

(b) an ovine or caprine animal is the value established in accordance with paragraph 24 of schedule 4; and

(c) an animal that is not bovine, ovine or caprine, is the market value of the animal calculated in accordance with paragraph 4 of schedule 5.

Restriction and disposal of unlawful feedingstuffs S

3.— (1) Where unlawful feedingstuffs have been identified by an inspector as suspected of containing material prohibited by Article 7 of, and listed Annex 4 to, the EUTSE Regulation, an inspector may serve a notice on the owner or person in possession of the feedingstuffs.

(2) The notice may require the owner or person in possession of the feedingstuffs to—

(a) restrict access by animals to the area where the feedingstuffs are stored;

(b) prevent the feedingstuffs being fed to animals generally, or prevent it being fed to those animals specified in the notice;

(c) require disposal of the feedingstuffs by the owner or person in possession of the feedingstuffs in accordance with instructions contained in the notice, with the cost of such disposal being borne by the recipient of the notice.]

Regulation 5(f)

SCHEDULE 7 S Specified risk material, mechanically separated meat and slaughtering techniques

[F26 Appointment of Food Standards Scotland as the competent authority] S

1.  The [F27 Food Standards Scotland] must carry out the duties placed on the Member State in point 11.1 and point 11.2 of Annex V (removal of specified risk material) to the EU TSE Regulation in relation to this Schedule and may grant authorisations for the purposes of point 4.3(a) of that Annex (controls).

Textual Amendments

F26 Sch. 7 para. 1 heading substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 26

F27 Words in Sch. 7 para. 1 substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 26

[F28 Training S

2.   The occupier of any slaughterhouse or cutting plant where specified risk material is removed must ensure that staff receive any training necessary to comply with the occupier’s duties under this schedule; and failure to do so is an offence.]

Textual Amendments

F28 Sch. 7 para. 2 substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(2)

Mechanically separated meat S

3.—(1) Any person who fails to comply with point 5 of Annex V to the EU TSE Regulation (measures concerning mechanically separated meat) is guilty of an offence.

(2) Any person who uses any mechanically separated meat produced in contravention of that point in the preparation of any food for sale for human consumption or of any feedingstuffs is guilty of an offence.

Pithing S

4.  Any person who fails to comply with point 6 of Annex V to the EU TSE Regulation (measures concerning laceration of tissues) is guilty of an offence.

Tongue harvesting S

5.  Any person who fails to comply with point 7 of Annex V to the EU TSE Regulation (harvesting of tongues from bovine animals) is guilty of an offence.

Head meat harvesting S

6.  Any person who fails to comply with point 8.1 [F29 or point 9] of Annex V to the EU TSE Regulation (harvesting of bovine head meat) is guilty of an offence.

Textual Amendments

F29 Words in sch. 7 para. 6 inserted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(3)

Removal of specified risk material S

7.—(1) Any person who removes specified risk material at any premises or place other than premises or a place where that specified risk material may be removed under point 4.1 or point 4.3(a) of Annex V to the EU TSE Regulation (removal of specified risk material) is guilty of an offence.

(2) In the case of a cutting plant, it is an offence to remove—

(a) any part of the vertebral column that is specified risk material from any bovine animal unless the plant is authorised under paragraph 13(1)(a); or

(b) the spinal cord from any sheep or goat aged over 12 months at slaughter, or that has a permanent incisor erupted through the gum, unless the plant is authorised for the purpose of such removal under paragraph 13(1)(b).

Bovine animals in a slaughterhouse S

8.—(1) When a bovine animal is slaughtered in a slaughterhouse or the carcase of a bovine animal is transported to a slaughterhouse following emergency slaughter elsewhere, the occupier of the slaughterhouse must remove all specified risk material [F30 from the carcase] (other than those parts of the vertebral column that are specified risk material F31 ...) as soon as is reasonably practicable after slaughter and in any event before post-mortem inspection.

(2) The occupier must—

(a) as soon as reasonably practicable after post mortem inspection, consign any offal that has been removed from the carcase and that contains or is attached to specified risk material to an appropriate area of the slaughterhouse; and

(b) as soon as reasonably practicable after the offal is consigned there and in any event before the offal is removed from the slaughterhouse, remove the specified risk material [F32 from the remaining offal].

(3) The occupier must as soon as is reasonably practicable after slaughter consign any meat containing those parts of the vertebral column that are specified risk material to—

(a) a cutting plant authorised under paragraph 13(1)(a);

(b) a cutting plant located in another part of the United Kingdom and authorised under the corresponding provision applicable in that part; or

(c) another Member State in accordance with point 10.2 of Annex V to the EU TSE Regulation (rules on trade and export).

F33 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F34 (5) In accordance with point 11.3(a) of Annex V to the EUTSE Regulation, when the removal of the vertebral column is required, carcases or wholesale cuts of carcases of bovine animals containing vertebral column must be identified by a clearly visible red stripe on the label referred to in that point.]

(6) Failure to comply with this paragraph is an offence.

Textual Amendments

F30 Words in sch. 7 para. 8(1) inserted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(4)(a)(i)

F31 Words in sch. 7 para. 8(1) omitted (23.5.2019) by virtue of The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(4)(a)(ii)

F32 Words in sch. 7 para. 8(2)(b) inserted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(4)(b)

F33 Sch. 7 para. 8(4) omitted (23.5.2019) by virtue of The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(4)(c)

F34 Sch. 7 para. 8(5) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(4)(d)

Sheep and goats in a slaughterhouse S

9.—(1) When a sheep or goat is slaughtered in a slaughterhouse or the carcase of a sheep or goat is transported to a slaughterhouse following emergency slaughter elsewhere, the occupier of the slaughterhouse must remove all specified risk material [F35 from the carcase] (other than the spinal cord F36 ...) as soon as is reasonably practicable after slaughter and in any event before post-mortem inspection.

(2) The occupier must—

(a) as soon as reasonably practicable after post mortem inspection, consign any offal that has been removed from the carcase and that contains or is attached to specified risk material to an appropriate area of the slaughterhouse; and

(b) as soon as reasonably practicable after the offal is consigned there and in any event before the offal is removed from the slaughterhouse, remove the specified risk material [F37 from the remaining offal].

(3) In the case of a sheep or goat aged over 12 months at slaughter, or that has a permanent incisor erupted through the gum, the occupier must as soon as is reasonably practicable after slaughter—

(a) remove the spinal cord at the slaughterhouse before the post-mortem inspection; or

(b) send the meat to—

(i) a cutting plant authorised under paragraph 13(1)(b);

(ii) a cutting plant located in another part of the United Kingdom and authorised under the corresponding provision applicable in that part; or

(iii) in accordance with point 10.1 of Annex V to the EU TSE Regulation (rules on trade and export), a cutting plant located in another Member State, provided that the [F38 Food Standards Scotland] has entered into a written agreement with the competent authority of the receiving Member State and the dispatch is in accordance with that agreement.

(4) In sub-paragraph (3)(b)(iii), “cutting plant” means an establishment—

(a) approved or conditionally approved as such under Article 31(2) of Regulation 882/2004 (registration/approval of feed and food business establishments); or

(b) operating as such under Article 4(5) of Regulation 853/2004 (registration and approval of establishments) pending such approval.

(5) Failure to comply with this paragraph is an offence.

Textual Amendments

F35 Words in sch. 7 para. 9(1) inserted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(5)(a)(i)

F36 Words in sch. 7 para. 9(1) omitted (23.5.2019) by virtue of The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(5)(a)(ii)

F37 Words in sch. 7 para. 9(2)(b) inserted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(5)(b)

F38 Words in sch. 7 para. 9(3)(b)(iii) substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 26

Bovine animals, sheep and goats in other places of slaughter S

10.—(1) When a bovine animal, sheep or goat is slaughtered in a place that, for the purposes of point 4(1)(a) of Annex V to the EU TSE Regulation (removal of specified risk material), is an other place of slaughter, the person carrying out the slaughter must remove all specified risk material as soon as is reasonably practicable after slaughter.

(2) Failure to comply with this paragraph is an offence.

Young lamb and goat stamps S

11.—(1) An inspector may stamp a sheep or goat in a slaughterhouse with a young lamb stamp or a young goat stamp if the animal does not have a permanent incisor erupted through the gum and the documentation, if any, relating to the animal does not indicate that it is aged over 12 months at slaughter.

(2) The stamp must mark the meat with a circular mark 5 centimetres in diameter with the following in capital letters one centimetre high—

(a) “[F39 FSS]”; and

(b) in the case of—

(i) a sheep, “YL”; or

(ii) a goat, “YG”.

(3) It is an offence for any person other than an inspector to apply the stamp or a mark resembling the stamp, or to possess the equipment for applying it.

(4) It is an offence to mark a sheep or goat with a stamp that is or resembles a young lamb stamp or a young goat stamp unless it is an animal permitted to be marked in accordance with sub-paragraph (1).

Textual Amendments

F39 Word in sch. 7 para. 11(2)(a) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(6)

Removal of spinal cord from sheep and goats S

12.  It is an offence to remove the spinal cord or any part of it from a sheep or goat aged over 12 months at slaughter or that had one or more permanent incisors erupted through the gum (other than for the purposes of veterinary or scientific examination) except by—

(a) longitudinally splitting the whole vertebral column; F40 ...

(b) removing a longitudinal section of the whole vertebral column including the spinal cord; [F41 or

(c) an alternative method authorised in accordance with paragraph 12A.]

Textual Amendments

F40 Word in sch. 7 para. 12(a) omitted (23.5.2019) by virtue of The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(7)(a)

F41 Sch. 7 para. 12(c) and word inserted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(7)(b)

[F42 Authorisation of alternative method of removal S

12A.   Food Standards Scotland may authorise an alternative method of removal at specified premises provided that the occupier of those premises demonstrates to the satisfaction of Food Standards Scotland that—

(a) the method is appropriate to achieve the objectives of the EUTSE Regulation;

(b) the equipment used to carry out the removal is fully effective; and

(c) the persons using the equipment are properly trained and skilled in its use and maintenance.]

Textual Amendments

F42 Sch. 7 para. 12A inserted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(7)(b)

[F43 Authorisation of cutting plants by Food Standards Scotland] S

13.— [F44 (1) If Food Standards Scotland is satisfied that the provisions of Annex 5 to the EUTSE Regulation and this schedule will be complied with, Food Standards Scotland may authorise a cutting plant to:

(a) remove those parts of the vertebral column of bovine animals that are specified risk material;

(b) remove the spinal cord from sheep and goats aged over 12 months at slaughter, or that have a permanent incisor erupted through the gum; and

(c) harvest the head meat from bovine animals in accordance with point 9 of  Annex V.]

if the Agency is satisfied that the provisions of Annex V to the EU TSE Regulation (specified risk material) and this Schedule will be complied with.

(2) The procedures in regulations 6, 8, 9 and 10 apply, with references to the Scottish Ministers being construed as references to the [F45 Food Standards Scotland].

Textual Amendments

F43 Sch. 7 para. 13 heading substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 26

F44 Sch. 7 para. 13(1) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(8)

F45 Words in sch. 7 para. 13(2) substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 26

Removal of specified risk material at a cutting plant authorised under paragraph 13(1) S

14.—(1) The occupier of a cutting plant authorised under paragraph 13(1) shall ensure that as soon as reasonably practicable after arrival at the plant of meat and in any event before the meat leaves the plant all specified risk material of the kind to which the authorisation relates is removed from the meat.

(2) Failure to comply with this paragraph is an offence.

Meat from another Member State S

15.  For the purposes of point 10.1 and point 10.2 of Annex V to the EU TSE Regulation (rules on trade and export), where meat containing those parts of the vertebral column of a bovine animal that are specified risk material is brought into Scotland from another Member State, the importer must send it directly to a cutting plant authorised under paragraph 13(1)(a), and failure to do so is an offence.

Staining and disposal of specified risk material S

16.—(1) The occupier of any premises where specified risk material is removed commits an offence if that occupier fails to comply with point 3 of Annex V to the EU TSE Regulation (marking and disposal).

(2) For the purposes of that point—

[F46 (a) indelible staining must involve treating the material (whether by immersion, spraying or other application) with a blue colouring agent using a solution of such a strength that the staining is clearly visible and remains visible after the specified risk material has been chilled or frozen; and]

(b) the stain must be applied in such a way that the colouring is and remains clearly visible—

(i) over the whole of the cut surface and the majority of the head in the case of the head of a sheep or goat; or

(ii) in the case of all other specified risk material, over the whole surface of the material.

(3) This paragraph does not apply in relation to any specified risk material that is destined for use as provided for in Article 1(2)(b) and (c) of the EU TSE Regulation (scope).

Textual Amendments

F46 Sch. 7 para. 16(2)(a) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(9)

Security of specified risk material S

17.—(1) Pending consignment or disposal from the premises or place where it was removed, the occupier of the premises or place must ensure that specified risk material is adequately separated from any food, feedingstuff or cosmetic, pharmaceutical or medical product and held in an impervious covered container that is labelled as either—

(a) containing specified risk material; or

(b) Category 1 animal by-products and including the words “For disposal only”.

(2) The occupier must ensure that the container is thoroughly washed as soon as is reasonably practicable each time that it is emptied, and disinfected before use for any other purpose.

(3) Failure to comply with this paragraph is an offence.

Prohibition on the sale, supply or possession for sale or supply of specified risk material for human consumption S

18.  It is an offence to sell, supply or possess for sale or supply—

(a) any specified risk material, or any food containing specified risk material, for human consumption; or

(b) any specified risk material for use in the preparation of any food for human consumption.

[F47 Determination of the age of sheep or goats S

19.   For the purposes of this schedule, “aged over 12 months” means that the age of the animal has been determined to be over 12 months in accordance with a method of ageing approved by the Scottish Ministers.]

Textual Amendments

F47 Sch. 7 para. 19 inserted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 9(10)

Regulation 5(g)

SCHEDULE 8 S Restrictions on placing on the market and export

Placing on the market or export to third countries 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 third countries 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 [F48 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

F48 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 third countries 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 third countries 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.

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 another 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.

Export to third countries of products containing specified risk material S

4.  It is an offence for any person to export (or offer to export) to third countries 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).

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.

Regulation 21

SCHEDULE 9 S Consequential Amendments

The Animal By-Products (Identification) Regulations 1995 S

F49 1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F49 Sch. 9 paras. 1, 2 revoked (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 3

F49 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F49 Sch. 9 paras. 1, 2 revoked (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 3

The Rendering (Fluid Treatment) (Scotland) Order 2001 S

3.  The Rendering (Fluid Treatment) (Scotland) Order 2001 M5 is amended as follows. S

Marginal Citations

M5 S.S.I. 2001/189, relevantly amended by S.S.I. 2006/530.

4.  In article 2 (interpretation), in the definition of “animal by-product”, for “The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006”, substitute, “ Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies M6 ”. S

Marginal Citations

M6 O.J. No. L 147, 31.5.2001, p.1, last amended by Commission Regulation (EC) No. 571/2008 (O.J. No. L 161, 20.6.2008, p.4).

The Meat Products (Scotland) Regulations 2004 S

5.  The Meat Products (Scotland) Regulations 2004 M7 are amended as follows. S

Marginal Citations

M7 S.S.I. 2004/6, relevantly amended by S.S.I. 2005/616, 2006/530 and 2008/97.

6.  In regulation 2 (interpretation), in the definition of “meat product” for “paragraph 4 of Schedule 6 to the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006” substitute “ paragraph 3 of Schedule 7 to the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 ”. S

7.  In regulation 6(2) (parts of the carcase in uncooked meat products), for “the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006” substitute “ the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 ”. S

The Official Feed and Food Controls (Scotland) Regulations 2009 S

8.  The Official Feed and Food Controls (Scotland) Regulations 2009 M8 are amended as follows. S

Marginal Citations

M8 S.S.I. 2009/446.

9.  In paragraph (a)(viii) of the definition of “relevant food law” in Schedule 3 (definition of relevant food law), for “the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006” substitute “ the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 ”. S

Regulation 23

SCHEDULE 10 S Revocations

Column 1 – enactment	Column 2 citations
The Bovine Products (Restriction on Placing on the Market) (Scotland) (No. 2) Regulations 2005	S.S.I. 2005/586
The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006	S.S.I. 2006/530
The Bovine Products (Restriction on Placing on the Market) (Scotland) (No. 2) Amendment Regulations 2007	S.S.I. 2007/338
The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2007	S.S.I. 2007/357
The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2008	S.S.I. 2008/166
The Transmissible Spongiform Encephalopathies (Scotland) Amendment (No. 2) Regulations 2008	S.S.I. 2008/417