The Bovines and Bovine Products (Trade) Regulations 1999

Approval of establishments for the preparation or despatch of foreign origin export eligible goods, DBES and ECHS goods and foreign origin bovine by-products

12.—(1) No person shall use any premises–

(a) for any stage of preparation of any foreign origin export eligible goods, DBES goods or ECHS goods destined for despatch from Great Britain to a member State or a third country; or

(b) for the production of any foreign original bovine by-products (whether or not those goods are destined for despatch to a member State or a third country),

unless those premises are an establishment approved by the Minister under this regulation for the preparation respectively of foreign origin export eligible goods, DBES goods or ECHS goods or foreign origin bovine by-products.

(2) On an application made to him for the approval of an establishment under this regulation, and following an inspection of that establishment by a veterinary inspector, the Minister–

(a) shall approve the establishment to which the application relates–

(i) as an export dedicated establishment if he is satisfied that the establishment complies with the requirements of paragraph (3) below relating to export dedicated establishments; or

(ii) as an establishment which is not an export dedicated establishment if he is satisfied that the establishment complies with the requirements of paragraph (3) below relating to such establishments; or

(b) shall refuse to approve that establishment if he is not so satisfied.

(3) The requirements for the approval of an establishment under this regulation are–

(a) in respect of an export dedicated establishment, that the establishment is not used for the preparation of any goods derived from bovine animals, other than export eligible goods;

(b) in respect of an establishment which is not an export dedicated establishment, that it is not intended to be used for the preparation (other than cold storage) of any DBES goods or ECHS goods destined for despatch from Great Britain to a member State or a third country;

(c) in respect of an export dedicated establishment–

(i) that any bovine product not eligible for despatch abroad must have been removed from the establishment; and

(ii) all parts of the premises, and equipment on the premises, used for the production, processing, treatment, handling, storage, loading or unloading of any bovine product not eligible for despatch abroad have been thoroughly cleaned after the last such use and procedures must have been put in place to prevent entry onto the premises of bovine products which are not eligible for despatch abroad;

(d) in respect of an export dedicated establishment that the methods of operation for the preparation of export eligible goods comply with the requirements of the first column in Schedule 2 to these Regulations and the Minister has determined how those requirements are to apply to the establishment as indicated in the second and third columns of that Schedule;

(e) in respect of an establishment which is not an export dedicated establishment the methods of operation for the preparation of foreign origin export eligible goods comply with the requirements of the first column in Schedule 3 to these Regulations and the Minister has determined how those requirements are to apply to the establishment as indicated in the second and third columns of that Schedule; and

(f) that there is in operation at the establishment a system which ensures it is possible–

(i) to identify the origin of the raw material contained in any export eligible goods or foreign origin bovine by-products despatched from that establishment and to trace that raw material through each stage of preparation of the goods at the establishment; and

(ii) to record all amounts of incoming and outgoing materials and cross-check consignments entering or leaving the establishment.

(4) An application for approval of an establishment under this regulation shall be made in writing to the Minister by the operator of the establishment to which the application relates and shall state whether it is an application for approval of an export dedicated establishment or an application for approval of an establishment which is not an export dedicated establishment.

(5) The Minister shall notify the applicant in writing of his decision on the application; and, if he refuses the application, he shall notify the applicant in writing of his reasons for refusal.

(6) If in relation to any establishment approved under this regulation the Minister is satisfied that–

(a) any of the requirements of paragraph (3) above are not being complied with;

(b) the operator of the establishment has failed to give notice to the Minister as required under regulation 13(14) or (15) below; or

(c) the preparation of foreign origin export eligible goods, DBES goods or ECHS goods at the establishment in respect of which it was approved is no longer being carried on there,

he may withdraw the approval relating to that establishment and, where he does so, he shall give notice to the operator in writing that the approval is withdrawn and of the reason for withdrawing it.