The TSE (England) (Amendment) (No.2) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the TSE (England) Regulations 2002, S.I. 2002/843 (“the 2002 Regulations”), which give effect in England to the enforcement and administration of 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 encephalopthies. Other amending Regulations are S.I. 2002/1253, S.I. 2002/2860, S.I. 2003/1482, S.I. 2004/1518 and S.I. 2005/556.

These Regulations also give effect in part to Article 16a of Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organization of official inspections in the field of animal nutrition (OJ No. L 265, 8.11.1995, p.17). Article 16a was inserted by Directive 2001/46 of the European Parliament and of the Council (OJ No. L 234, 1.9.2001, p. 55). The relevant provision is contained in new regulation 25B of the 2002 Regulations, inserted by regulation 7 of these Regulations.

The main changes are as follows.

Amendments are made to certain definitions contained in regulation 3 of the 2002 Regulations. (Regulation 3.)

New regulation 10A of, and new Schedule 1A to, the 2002 Regulations make provision for a regime for the slaughter for human consumption, and testing, of cattle over thirty months of age and new regulation 10B prohibits consignment to a slaughterhouse a bovine animal born or reared in the UK before 1st August 1996. (Regulation 4 and the Schedule.)

Regulation 23 of the 2002 Regulations is amended to make provision relating to the use of premises for the production of feedingstuffs containing fishmeal. (Regulation 5.)

New regulation 25A of the 2002 Regulations contains further provisions about feedingstuffs containing fishmeal and new regulation 25B relates to the submission of samples of feedingstuffs to laboratories. (Regulation 7.)

Regulation 33 of the 2002 Regulations is amended to make new provision about the removal of specified risk material from the carcase of a bovine animal slaughtered for human consumption. (Regulation 9.) (“Specified risk material” is defined in regulation 3(1) of the 2002 Regulations.)

Regulation 37 of the 2002 Regulations is replaced by a new regulation relating to the removal of spinal cord from sheep and goats. (Regulation 11.)

Regulation 38 of the 2002 Regulations is replaced by a new regulation relating to the stamping of the carcases of young lambs and goats from which have been removed the spleen and ileum. (Regulation 12.)

Provision is made for the penalties for offences under Schedule 6A of the 2002 Regulations. (Regulation 15.)

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from Andy Cooke, Department for Environment, Food and Rural Affairs, Area 311, 1A Page Street, London SW1P 4PQ.