The Bovines and Bovine Products (Trade) Regulations 1999

Interpretation

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

• “additional mark”–

  (a)

  in relation to any foreign origin export eligible goods (other than any goods in (c) or (d) below) means a mark conforming with Schedule 4 below;

  (b)

  in relation to any–

  (i)

  DBES goods; or

  (ii)

  ECHS goods prepared in Great Britain,

  means a mark conforming with Schedule 5 below; or

  (c)

  in relation to any foreign origin export eligible goods which–

  (i)

  consist of or are derived from fresh meat which has been deboned and from which all adherent tissues including obvious nervous and lymphatic tissues have been removed; and

  (ii)

  are mixed with any DBES goods or ECHS goods,

  means a mark conforming with Schedule 5 below or two marks, one conforming with Schedule 4 below and one conforming with Schedule 5 below;

  (d)

  in relation to any foreign origin export eligible goods which–

  (i)

  consist of or are derived from fresh meat which has not been deboned or from which all adherent tissues, including obvious nervous and lymphatic tissues, have not been removed; and

  (ii)

  are mixed with any DBES goods or ECHS goods,

  means two marks, one conforming with Schedule 4 below and one conforming with Schedule 5 below; and

  (e)

  in relation to any type of ECHS goods which have not undergone any stage of preparation in Great Britain, means a mark conforming with the mark prescribed for goods of that type in the Northern Ireland Regulations;

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

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

• “Community approved border inspection post” means any place in a member State which is specified in the Annex to Commission Decision 97/778/EC as amended(1) drawing up a list of border inspection posts agreed for veterinary checks on products and animals from third countries;

• “the Council Decision” means Council Decision 98/256/EC(2) concerning emergency measures to protect against bovine spongiform encephalopathy as amended by Commission Decision 98/564/EC(3) and Commission Decision 98/692/EC(4);

• “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;

• “DBES” means the date based export scheme referred to in Annex III to the Council Decision;

• “DBES eligible animal” means a bovine animal which satisfies the conditions set out in paragraph 3 of Annex III to the Council Decision;

• “DBES goods” means any fresh meat, minced meat, meat preparation, meat product or food for domestic carnivores derived from DBES eligible animals;

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

• “despatch” includes carry;

• “ECHS goods” means any fresh meat, minced meat, meat preparation, meat product or food for domestic carnivores 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;

• “export dedicated establishment” means an establishment approved as such under regulation 12 below;

• “export eligible goods” means–

  (a)

  DBES goods, ECHS goods or foreign origin export eligible goods; or

  (b)

  any goods containing a mixture of one or more of those types of goods and which contain no ingredient, other than those type of goods, derived from a bovine animal;

• “foreign origin bovine by-product” means any of the following by-products derived from a bovine animal not slaughtered in the United Kingdom–

  (a)

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

  (b)

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

  (c)

  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;

• “foreign origin export eligible goods” means–

  (a)

  fresh meat;

  (b)

  any minced meat or meat preparation;

  (c)

  any meat product or other product of animal origin; or

  (d)

  food for domestic carnivores, derived from a bovine animal which was not slaughtered in the United Kingdom;

• “fresh meat” has the same meaning as in Council Directive 64/433/EEC(5);

• “inspector” means–

  (a)

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

  (b)

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

• “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(6), 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 Isles 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(7); 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(8);

• “minced meat” and “meat preparation” have the same meaning as in Council Directive 94/65/EC(9);

• “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) 1999(10);

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

• “official seal” means a seal of a kind described in Schedule 6 to these Regulations;

• “operator”, in respect of an establishment for which an approval or registration is required under these Regulations, means the person carrying on or proposing to carry on a business there for which the approval or registration is required;

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

• “prepare” in relation to any export eligible 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, re-labelling, wrapping or re-wrapping;

  (f)

  storing at ambient or cold temperature, other than keeping in a sealed means of transport (or in any lockable chamber or lockable container for the purpose of being carried on a sealed means of transport) for any period when the goods are accompanied by an official certificate issued in accordance with the requirements of these Regulations in relation to the despatch of the goods from Great Britain;

  (g)

  handling; and

  (h)

  loading and unloading,

  and “preparation” shall be construed accordingly;

• “vertebral column” includes any part thereof; and

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

(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. L315, 19.11.97, p. 15: as amended by Commission Decision 97/779/EC, OJ No. L315, 19.11.97, p. 28; Commission Decision 98/166/EC, OJ No. L62, 3.3.98, p. 29; and Commission Decision 98/510/EC, OJ No. L227, 14.8.98, p. 17.

(2)

OJ No. L113, 15.4.98, p. 32.

(3)

OJ No. L273, 9.10.98, p. 37.

(4)

OJ No. L328, 4.12.98, p. 28.

(5)

Council Directive 64/433/EEC has been amended and consolidated by Council Directive 91/497/EEC (OJ No. L268, 24.9.91, p. 69) and amended by Council Directive 95/23/EC (OJ No. L243, 11.10.95, p. 7).

(6)

1992 c. 19.

(7)

1994 c. 39.

(8)

OJ No. L26, 31.1.77, p. 85, as amended and updated by Council Directive 92/5/EEC (OJ No. L57, 2.3.92, p. 1), to which there are amendments not relevant to these Regulations.

(9)

OJ No. L368, 31.12.94, p. 10.

(10)

S.I. 1998/163.