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The Bovine Spongiform Encephalopathy Order 1996

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Mammalian meat and bone meal

13.  (1)  Subject to paragraphs (5) and (6) below, no person shall—

(a)sell or supply for incorporation into any feeding stuff for livestock any mammalian meat and bone meal;

(b)use any mammalian meat and bone meal in the production of any feeding stuff for livestock;

(c)sell or supply for feeding to livestock any feeding stuff in which any mammalian meat and bone meal has been incorporated; or

(d)feed to livestock any feeding stuff in which any mammalian meat and bone meal has been incorporated.

(2) Subject to paragraph (6) below, no person shall undertake any production using any mammalian meat and bone meal or any MBM product on premises where any feeding stuff for livestock is produced unless—

(a)the ingredients of the feeding stuff for livestock are stored, and the feeding stuff is produced and stored, in a separate building from that in which any mammalian meat and bone meal or MBM product is stored and used; and

(b)no equipment or vehicle used in the production of the feeding stuff for livestock comes into contact with any mammalian meat and bone meal, any MB product or any ingredient or equipment used with mammalian meat and bone meal or an MBM product.

(3) Subject to paragraphs (5) to (8) below, no person shall have in his possession any mammalian meat and bone meal or any MBM product on any premises where—

(a)any livestock is kept;

(b)any feeding stuff for livestock is produced; or

(c)any feeding stuff for livestock is stored but not produced.

(4) Subject to paragraphs (6) and (8) below, no person shall transport any mammalian meat and bone meal or any MBM product in any vehicle in which any feeding stuff for livestock is being transported.

(5) The prohibitions in paragraphs (1) and (3) above shall not apply to the feeding to an animal of any feeding stuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply of any feeding stuff to a research establishment for such purposes or to the possession of a feeding stuff at such an establishment for such purposes.

(6) In any proceedings for an offence under paragraphs (1) to (4) above it shall be a defence for any person charged to prove—

(a)that he did not know or have reason to suspect that the material in question was mammalian meat and bone meal or contained mammalian meat and bone meal; and

(b)that he had taken all reasonable steps to ensure that it was not and did not contain mammalian meat and bone meal.

(7) In any proceedings for an offence under paragraph (3)(a) or (c) above in relation to any MBM product it shall be a defence for any person charged to prove—

(a)in the case of an offence under paragraph (3)(a), that the MBM product was in his possession solely for feeding to a pet of a species which is not commonly used as livestock in the United Kingdom or to a working dog or for use as a fertiliser on a domestic garden or for house plants;

(b)in the case of an offence under paragraph (3)(c), that both the MBM product and the feeding stuff for livestock were offered for sale on those premises;

(c)that the MBM product was stored and used in a place which was physically separated from any place where feeding stuff for livestock was stored or to which such animals had access; and

(d)that adequate precautions were taken to ensure that no equipment used with the MBM product was used with the feeding stuff for livestock.

(8) In any proceedings for an offence under paragraph (3)(a) or (c) or (4) above it shall be a defence for any person charged to prove that at all material times, both the mammalian meat and bone meal or MBM product (as the case may be) and the feeding stuff for livestock were securely packaged and that no spillage or leakage took place.

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