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The Specified Bovine Material Order 1997

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Explanatory Note

(This note is not part of the Order)

This Order revokes and re-makes with amendments the Specified Bovine Material (No. 3) Order 1996.

It controls specified bovine material, being material which may contain the agent containing bovine spongiform encephalopathy.

It implements in part—

(a)Commission Decision 94/474/EC (OJ No. L194, 29.7.94, p.96) concerning certain protection measures relating to bovine spongiform encephalopathy and repealing Decisions 89/469/EEC and 90/200/EEC; and

(b)the provisions relating to animal waste of Council Directive 90/667/EEC (OJ No. L363, 27.12.90, p.51) laying down the veterinary rules for the disposal of animal waste, for its placing on the market and for the prevention of pathogens in feeding stuffs of animal or fish origin and amending Directive 90/425/EEC as read with Commission Decision 92/562/EEC (OJ No. L359, 9.12.92, p.23) and Commission Decision 94/382/EC (OJ No. L172, 7.7.94, p.25), which was amended by Commission Decision 95/29/EC (OJ No. L38, 18.2.95, p.17).

It controls the sale and use of specified bovine material for human and animal consumption (articles 4 and 8) and the production of mechanically recovered meat (articles 6 and 7). It regulates the initial treatment of specified bovine material (articles 9, 10 and 12) and the rendering of whole carcases (article 11). It prohibits the removal of the brain, eyes and spinal cord from a bovine animal (articles 14 and 15) and it regulates the importation of specified bovine material from Northern Ireland (article 16).

The Order regulates the consignment of specified bovine material once it has been removed from the carcase (article 17) and requires the approval of collection centres, incinerators, rendering plants and other premises that process specified bovine material (articles 18 to 21).

It contains provisions on veterinary and laboratory premises, directions, export, sampling, transport, storage and enforcement (articles 22 to 28).

The amendments made by this Order—

(a)extend the prohibition on the use of specified bovine material to prohibit its use in cosmetic, pharmaceutical and medical products (article 5);

(b)amend the prohibition on the feeding of specified bovine material to animals, so that it applies to prohibit such feeding to all creatures (article 8);

(c)requires the occupier of any premises at which specified bovine material is stored or handled to take appropriate measures to ensure that any stain applied to that material in accordance with these Regulations remains visible until it has been rendered or incinerated (article 13);

(d)revise the requirements relating to the use of specified bovine material at premises unconnected with food and feeding stuffs, so that they apply to premises not producing food, feeding stuffs or cosmetic, pharmaceutical or medical products (article 21); and

(e)revise the requirements relating to the disposal of specified bovine material used in research and for teaching purposes (article 22).

A Compliance Cost Assessment for this Order has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (BSE) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.

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