The Bovines and Bovine Products (Trade) Regulations 1998

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires:

“additional mark” means a mark conforming with Schedule 2 below;

“bovine animal” includes buffalo of the species Bubalis bubalis and Bison bison;

“bovine embryo” means an embryo of a bovine animal;

“the Council Decision” means Council Decision 98/256/EC(1) concerning emergency measures to protect against bovine spongiform encephalopathy;

“controlled bovine by-product” means:

(a)

an amino acid;

(b)

a peptide;

(c)

tallow;

(d)

a tallow product not within (e) below; or

(e)

a product, derived by saponification, transesterification or hydrolysis from tallow, produced in the United Kingdom from any part of a bovine animal slaughtered in the United Kingdom which is liable to enter the human food or animal feed chain or is destined for use in cosmetics, medical or pharmaceutical products;

“the Department” means the Department of Agriculture for Northern Ireland;

“despatch” includes carry;

“eligible goods” means any fresh meat, minced meat, meat preparation or meat product derived from bovine animals which—

(a)

satisfy the conditions set out in paragraphs 6 and 7 of Annex II to the Council Decision; and

(b)

originated in a herd which satisfies the conditions set out in paragraphs 2 to 5 of Annex II to the Council Decision;

“establishment” includes any premises;

“fresh meat” has the same meaning as in Council Directive 64/433/EEC(2);

“inspector” means—

(a)

a person appointed as such by the Minister, including a veterinary inspector;

(b)

a person appointed as such by a local authority in relation to its enforcement responsibilities under these Regulations; and

(c)

any veterinary surgeon appointed under regulation 3(6)(b) or (d) below;

“local authority” means—

(a)

in England—

(i)

as respects each local government area in respect of which there is a unitary authority established by an order under section 17 of the Local Government Act 1992(3), that authority;

(ii)

as respects each London Borough, district or non-metropolitan county, the council of that borough, district or county;

(iii)

where there is a Port Health Authority, that authority in addition to the authority specified in paragraphs (i) or (ii) above;

(iv)

as respects the City of London, the Common Council; and

(v)

as respects the Isle of Scilly, the Council of the Isles of Scilly;

(b)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(4); and

(c)

in Wales—

(i)

as respects each county or county borough the council of that county or county borough; and

(ii)

where there is a Port Health Authority, that authority in addition to the authority specified in paragraph (i) above;

“meat product” and “other products of animal origin” have the same meaning as in Council Directive 77/99/EEC(5);

“minced meat” and “meat preparation” have the same meaning as in Council Directive 94/65/EC(6);

“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or Wales, the Secretary of State;

“the Northern Ireland Regulations” means the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1998(7);

“officer” means a person commissioned by the Commissioners of Customs and Excise;

“operator”, in respect of an establishment used or proposed to be used for the production of controlled bovine by-products or the preparation of relevant goods, means the person carrying on or proposing to carry on the production of controlled bovine by-products or the preparation of relevant goods at the establishment;

“premises” includes any place, stall or moveable structure;

“official seal” means a seal of a kind described in Schedule 3 to these Regulations;

“prepare” in relation to any relevant goods (otherwise than when they are under official control) includes—

(a)

manufacture;

(b)

production;

(c)

any form of processing or treatment;

(d)

packaging or re-packaging;

(e)

presenting, labelling or wrapping;

(f)

storing;

(g)

handling;

(h)

loading and unloading; and

(i)

transporting,

and “preparation” shall be construed accordingly;

“relevant goods” means—

(a)

fresh meat;

(b)

any minced meat or meat preparation;

(c)

any meat product or other product of animal origin;

(d)

food for domestic carnivores; or

(e)

any—

(i)

gelatin, di-calcium phosphate, tallow or tallow product not in (ii) below;

(ii)

product derived from tallow by saponification, transesterification or hydrolysis; or

(iii)

amino acid, peptide or collagen,

which is liable to enter the human food or animal feed chain or is destined for use in cosmetics or medical or pharmaceutical products,

derived from a bovine animal which was not slaughtered in the United Kingdom;

“vertebral column” includes any part thereof;

“veterinary inspector” means a person appointed as a veterinary inspector by the Minister;

“XAP approval number” in relation to any establishment approved under regulation 7 below, means the number given to the establishment by an inspector in relation to that approval; and

“XAP relevant goods” means relevant goods other than relevant goods of a type referred to in paragraph (e) of the definition of “relevant goods” above.

(2) Expressions in these Regulations which are not defined in paragraph (1) above and which appear in the Council Decision have the same meaning in these Regulations as in that Decision.

(1)

OJ No. L113, 15.4.98, p.32.

(2)

Council Directive 64/433/EEC has been amended and consolidated by Council Directive 91/497/EEC (OJ No. L268, 24.9.91, p.69).

(3)

1992 c. 19.

(4)

1994 c. 39.

(5)

OJ No. L126, 31.1.77, p.85, as amended and updated by Council Directive 92/5/EEC (OJ No. L57, 2.3.92, p.1).

(6)

OJ No. L368, 31.12.94, p.10.

(7)