The TSE (England) Regulations 2002

PART I Introductory provisions

Title, extent and commencement

1.—(1) These Regulations may be cited as the TSE (England) Regulations 2002.

(2) These Regulations extend to England.

(3) These Regulations come into force on 19th April 2002.

Application

2.—(1) Subject to paragraph (2) below, these Regulations do not apply to the production or placing on the market of the products, medical devices, starting materials, intermediate products and live animals referred to in Article 1(2) of the Community TSE Regulation.

(2) In so far as is necessary to avoid the cross-contamination or substitution referred to in Article 2 of the Community TSE Regulation, these Regulations apply to the use of specified risk material in the production or placing on the market of any product, medical device, starting material or intermediate product referred to in Article 1(2) of the Community TSE Regulation.

(3) Part III of these Regulations applies in relation to mammalian protein, mammalian meat and bone meal and processed animal protein intended for the feeding of animals (excluding humans).

(4) Part III of these Regulations does not apply in relation to—

(a) catering waste; or

(b) eggs and egg products.

Interpretation

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

• “ABPO approved”, in relation to premises, means approved under article 7, or registered under article 12, of the Animal By-Products Order 1999(1); and “ABPO approval” shall be construed accordingly;

• “the Agency” means the Food Standards Agency;

• “agricultural land” means land used or capable of use for the purposes of a trade or business in connection with agriculture;

• “agriculture” includes fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, the use of land for woodlands, and horticulture (except the propagation of plants and the growing of plants within greenhouses and glass or plastic structures);

• “animal by-product” has the same meaning as in the Animal By-Products Order 1999;

• “catering waste” has the same meaning as in the Animal By-Products Order 1999;

• “the Commission Decision” means Commission Decision 2001/9/EC(2) concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;

• “the Community TSE Regulation” means Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(3);

• “the Community Transitional Measures” means—

  (a)

  Commission Regulation (EC) No 1248/2001 of 22 June 2001 amending Annexes III, X and XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards epidemio-surveillance and testing of transmissible spongiform encephalopathies(4);

  (b)

  Commission Regulation (EC) No 1326/2001 of 29 June 2001 laying down transitional measures to permit the changeover to Regulation (EC) No 999/2001 of the European Parliament and of the Council for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation(5); and

  (c)

  Commission Regulation (EC) No 270/2002 of 14 February 2002 amending Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards specified risk material and epidemio-surveillance for transmissible spongiform encephalopathies and amending Regulation (EC) No 1326/2001 as regards animal feeding and placing on the market of ovine and caprine animals and products thereof(6);

• “the Council Decision” means Council Decision 2000/766/EC(7) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;

• “cutting premises” means premises used for the purpose of cutting up fresh meat intended for sale for human consumption;

• “the Divisional Veterinary Manager” means the veterinary inspector appointed for the time being by the Secretary of State to receive information in relation to animals suspected of being affected by a TSE or animals affected by a TSE, or the carcases of such animals, for the area in which such animals or carcases are;

• “farmed animal” means any creature, including a fish, which is kept, fattened or bred for the production of food;

• “feedingstuff” has the meaning given to it by section 66(1) of the Agriculture Act 1970(8), save that it shall apply to products and substances for oral feeding to any creature except a human being, and section 66(2)(b) of that Act shall have effect for the purposes of these Regulations as it does for the purposes of that Act;

• “food” has the same meaning as in the Food Safety Act 1990(9);

• “inspector” means—

  (a)

  a person appointed as such for the purposes of these Regulations by the Secretary of State, including a veterinary inspector;

  (b)

  a person appointed as such for the purposes of these Regulations by the Agency including, in relation to Part IV of these Regulations, a person—

  (i)

  designated as an OVS in accordance with regulation 8(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995(10); and

  (ii)

  appointed as an inspector in accordance with regulation 8(2) of those Regulations; and

  (c)

  a person appointed as such for the purposes of these Regulations by a local authority in relation to its enforcement responsibilities under these Regulations.

• “listed premises” means those premises listed by the Agency as being listed premises for the purposes of these Regulations and published by notice in the London Gazette;

• “livestock” means—

  (a)

  any creature, including a fish, kept, fattened or bred for the production of food, wool, skin or fur;

  (b)

  any creature other than a dog kept for use in the farming of land; and

  (c)

  any equine animal;

• “local authority” means—

  (a)

  in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994(11), a unitary authority for that local government area, that authority;

  (b)

  in any part of England where there is no such unitary authority—

  (i)

  in a metropolitan district, the council of that district;

  (ii)

  in a non-metropolitan county, the council of that county; or

  (iii)

  in each London borough, the council of that borough;

  (c)

  as respects the City of London, the Common Council;

  (d)

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

  (e)

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

• “MBM product” means any product containing mammalian meat and bone meal;

• “mammalian meat and bone meal” means—

  (a)

  mammalian protein (including greaves), other than processed animal protein, derived from the whole or part of any dead mammal by—

  (i)

  the process of rendering; or

  (ii)

  in the case of a product or material originating outside England, by an equivalent process; or

  (b)

  any material derived from mammalian protein,

  and for this purpose “protein” means any proteinaceous material which is derived from a carcase but does not include milk or any milk product;

• “monitoring notification”, in respect of any category of notifiable animal, means a notification of the death of the animal to the Secretary of State;

• “a notifiable animal” means any TSE susceptible animal in relation to which the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation applies;

• “OVS” means an official veterinary surgeon designated as such in accordance with regulation 8(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995;

• “occupier”, in relation to any premises, means any person carrying on a business there;

• “premises” means any place, including any land, building, structure (moveable or otherwise), tent or vehicle,—

  (a)

  in which TSE susceptible animals may be bred, grazed, handled, held, kept, marketed or shown to the public;

  (b)

  in which processed animal protein or mammalian meat and bone meal may be handled, kept or disposed of;

  (c)

  in which specified risk material may be removed from a carcase of an animal, handled, kept or disposed of; or

  (d)

  any place where blood, carcases or parts of the carcases derived from any creature except man may be kept,

  and includes any such place occupied as a private dwelling;

• “processed animal protein” means meat and bone meal, meat meal, bone meal, blood meal, dried plasma and other blood products, hydrolysed protein, hoof meal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal, dicalcium phosphate, gelatin and any other similar products, and includes mixtures, feedingstuffs, feed additives and premixtures, containing these products; but does not include mammalian meat and bone meal;

• “production” includes the manufacture, mixing or packaging of any product, together with ancillary storage and transport operations;

• “rendering” means subjecting any material at a rendering, fishmeal or other plant to any of the systems of treatment or procedures mentioned in Schedule 2 to the Animal By-Products Order 1999;

• “ruminant animal” means a bovine animal, a sheep or a goat;

• “scheme animal” means a bovine animal—

  (a)

  which has been slaughtered pursuant to the purchase scheme introduced under Commission Regulation (EC) No 716/96 adopting exceptional support measures for the beef market in the United Kingdom; or

  (b)

  which the Secretary of State has caused to be slaughtered under the Animal Health Act 1981(12) for the prevention of bovine spongiform encephalopathy;

• “sealed vehicle” means a vehicle sealed in accordance with regulation 41(3) below;

• “the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

• “slaughterhouse” means any premises for slaughtering animals the flesh of which is intended for sale for human consumption;

• “specified risk material” includes—

  (a)

  any part of—

  (i)

  a bovine animal, other than a carcase of a bovine animal containing vertebral column which has been imported in accordance with the Specified Risk Material Order 1997(13);

  (ii)

  a sheep or a goat,

  remaining attached to specified risk material after dissection of the carcase of the animal;

  (b)

  any animal material which comes into contact with specified risk material after it has been removed from the carcase; and

  (c)

  specified solid waste;

• “specified solid waste” means any solid matter resulting from the slaughter or death of a bovine animal, sheep or goat, or from the subsequent processing of the carcase of a bovine animal, sheep or goat, which is collected in any part of the drainage system draining any place where specified risk material is handled;

• “stained blue” has the meaning given in regulation 39 below;

• “stained yellow” has the meaning given in regulation 39 below;

• “TSE susceptible animal” means any animal (whether it is a farmed animal or not) which is capable of being affected by a TSE;

• “tallow” means fat derived from animal tissues by a process of rendering;

• “UK specified risk material” means specified risk material derived from an animal which has died or was slaughtered in the United Kingdom;

• “vertebral column” excludes the vertebrae of the tail and the transverse process of the lumbar vertebrae but includes dorsal root ganglia;

• “veterinary inspector” means a person appointed by the Secretary of State as a veterinary inspector; and

• “young lamb stamp” means the stamp described in regulation 38(2) below.

(2) Expressions in these Regulations which are not defined in paragraph (1) above and which appear in the Community TSE Regulation or in the Community Transitional Measures have the same meaning in these Regulations as they have for the purposes of the Community TSE Regulation or the Community Transitional Measures.

(3) Expressions in Part III of these Regulations which are not defined in paragraph (1) above and which appear in the Council Decision or the Commission Decision have the same meaning in these Regulations as they have for the purposes of those Decisions.

(4) For the purposes of these Regulations, material shall be treated as a feedingstuff whether it is used or intended to be used as a feedingstuff by itself or as an ingredient in something which is so used or intended for such use.

(1)

S.I. 1999/646.

(2)

OJ No. L2, 5.1.2001, p. 32.

(3)

OJ No. L147, 31.5.2001, p. 1.

(4)

OJ No. L173, 27.6.2001, p. 12.

(5)

OJ No. L177, 30.6.2001, p. 61.

(6)

OJ No. L45, 15.2.2002, p. 4.

(7)

OJ No. L306, 7.12.2000, p. 32.

(8)

1970 c. 40.

(9)

1990 c. 16.

(10)

S.I. 1995/539, as amended by S.I. 1995/731, S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/2148, S.I. 1995/3124, S.I. 1995/3189, S.I. 1996/1148, S.I. 1996/2235, S.I. 1997/1729, S.I. 1997/2074; and as amended in relation to England by S.I. 2000/225 and in relation to England and Wales by S.I. 2000/656.

(11)

S.I. 1994/867 to which there are amendments not relevant to these Regulations.

(12)

1981 c. 22.

(13)

S.I. 1997/2964, as amended by S.I. 2000/2726, S.I. 2000/3234, S.I. 2000/3377 and S.I. 2001/2650.