http://www.legislation.gov.uk/id/uksi/2002/843

http://www.legislation.gov.uk/uksi/2002/843/regulation/83/made

The TSE (England) Regulations 2002

Animal collections

Animal movement licences

Waste policies and regulation

Food standards

Food related licences

King's Printer of Acts of Parliament

2016-08-26

ANIMALS, ENGLAND;ANIMAL HEALTH

These TSE Regulations make provision in England, otherwise than in relation to trade, for—the administration and enforcement of the following directly applicable Community legislation (“the Community TSE Regulation and Community Transitional Measures”)—Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22nd May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ No. L 147, 31.5.2001, p.1) (“the Community TSE Regulation”);Commission Regulation (EC) No 1248/2001 of 22nd 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 (OJ No. L 173, 27.6.2001, p.12);Commission Regulation (EC) No 1326/2001 of 29th June 2001 laying down transitional measures to permit the changeover to the Regulation of the European Parliament and of the Council (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation (OJ No. L 177, 30.6.2001, p.61); andCommission 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 (OJ No. L 45, 15.2.2002, p.4); andcontinuing the implementation of Council Decision 2000/766/EC (OJ No. L 306, 7.12.2000, p.32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Commission Decision 2001/9/EC (OJ No. L 2, 5.1.2001, p.32) concerning control measures required for the implementation of Council Decision 2000/766/EC, in accordance with Article 1(2) of Commission Regulation (EC) No 1326/2001.

PART VCONTROL AND ERADICATION OF TSES: CHAPTER IV OF THE COMMUNITY TSE REGULATION

Retention, seizure and disposal of carcases etc. of TSE susceptible animals for the purposes of Chapter IV of the Community TSE Regulation83

1

This regulation applies where the Secretary of State is satisfied that for any purpose connected with the administration or enforcement of Chapter IV of the Community TSE Regulation it is necessary—

a

to require an occupier of premises to retain on the premises under the direction of the Secretary of State a carcase of a TSE susceptible animal, any part of such a carcase or any blood derived from any such carcase or part; or

b

to seize from any premises the carcase of a TSE susceptible animal, any part of such a carcase or any blood derived from any such carcase or part.

2

For any such purpose an inspector may—

a

direct the occupier of the premises to retain on the premises a carcase of a TSE susceptible animal on the premises, any part of such a carcase or any blood derived from any such carcase or part; or

b

seize or dispose of—

i

any carcase of a TSE susceptible animal from any premises, or any part of such a carcase, whether or not it is a carcase or part of a carcase which the occupier has been required to be retained under the direction of an inspector; or

ii

any blood derived from a carcase of a TSE susceptible animal or any part of such a carcase, whether or not the carcase or part of the carcase from which the blood is derived has been required to be retained under the direction of an inspector or has been seized by an inspector.

3

Directions from an inspector to an occupier under this regulation to retain a carcase, part of a carcase or blood derived from any carcase or part may include directions in relation to the treatment, storage and disposal of the carcase, part or blood.

4

Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given.

5

If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with and any costs reasonably incurred by an inspector in respect of such an arrangement shall be recoverable as a debt from the person who has failed to comply with the direction.