The Transmissible Spongiform Encephalopathies Regulations 2006

Regulation 9

SCHEDULE 6 Specified risk material, mechanically recovered meat and slaughtering techniques

1. 1. Appointment of the Food Standards Agency as the competent authority

2. 2. Training

3. 3. Mechanically recovered meat

4. 4. Pithing

5. 5. Tongue harvesting

6. 6. Specified risk material

7. 7. Bovine animals in a slaughterhouse

8. 8. Sheep and goats in a slaughterhouse

9. 9. Young lamb and goat stamps

10. 10. Removal of spinal cord from sheep and goats

11. 11. Cutting plants

12. 12. Removal of specified risk material at a cutting plant

13. 13. Meat from another member State

14. 14. Exports to third countries

15. 15. Staining specified risk material

16. 16. Scheme animals

17. 17. Security of specified risk material

18. 18. Prohibition on the supply of specified risk material for human consumption

Appointment of the Food Standards Agency as the competent authority

1.—(1) The Food Standards Agency shall carry out the duties on the member State in point 12 of Part A of Annex XI to the Community TSE Regulation in relation to this Schedule, and shall grant authorisations for the purposes of point 10a of that Chapter.

(2) For the purposes of this Schedule, within a slaughterhouse or cutting plant an inspector is—

(a) an official veterinarian who is qualified in accordance with Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(1) to act in such a capacity and is appointed by the Food Standards Agency;

(b) an official auxiliary who is qualified in accordance with Regulation (EC) No 854/2004 to act in such a capacity, is appointed by the Food Standards Agency and works under the authority and responsibility of an official veterinarian; or

(c) any other person appointed for the purpose by the Food Standards Agency.

(3) An appointment as an inspector may be limited to powers and duties specified in the appointment.

(4) Any person exercising the powers of an inspector under this Schedule has the protection specified in regulation 18(3).

Training

2.  The occupier of any slaughterhouse or cutting plant where specified risk material is removed must—

(a) ensure that staff receive any training necessary to ensure that the occupier complies with his duties in this Schedule; and

(b) keep records of each person’s training for as long as that person works there,

and failure to do so is an offence.

Mechanically recovered meat

3.—(1) Any person who contravenes point 3 of Part A of Annex XI to the Community TSE Regulation is guilty of an offence.

(2) Any person who uses any mechanically recovered meat produced in contravention of that point in the preparation of any food for sale for human consumption or of any feedingstuff is guilty of an offence.

(3) In this paragraph mechanically recovered meat means the product derived from residual meat on animal bones by mechanical means (other than meat produced using hand held powered knives that do not use powered pressure or suction).

Pithing

4.  Any person who contravenes point 4 of Part A of Annex XI to the Community TSE Regulation (pithing) is guilty of an offence.

Tongue harvesting

5.  Any person who contravenes point 6 of Part A of Annex XI to the Community TSE Regulation (tongue harvesting) is guilty of an offence.

Specified risk material

6.—(1) Any person who removes specified risk material in any premises other than those specified in point 5 or point 10a of Part A of Annex XI to the Community TSE Regulation is guilty of an offence.

(2) In the case of a cutting plant, it is an offence to remove specified risk material unless the premises are authorised for that purpose by the Food Standards Agency.

Bovine animals in a slaughterhouse

7.—(1) When a bovine animal is slaughtered, the occupier of the slaughterhouse must remove all specified risk material (other than those parts of the vertebral column that are specified risk material) as soon as is reasonably practicable after slaughter and in any event before post-mortem inspection.

(2) He must consign any meat containing those parts of the vertebral column that are specified risk material as soon as is reasonably practicable to a cutting plant authorised to remove those parts of the vertebral column.

(3) He must identify meat containing vertebral column that is not specified risk material in accordance with point 14(a) of Part A of Annex XI to the Community TSE Regulation, and provide information in accordance with point 14(b) of that Part.

(4) No person shall apply the blue stripe referred to in point 14(a) of that Part except in accordance with that point.

(5) Failure to comply with this paragraph is an offence.

Sheep and goats in a slaughterhouse

8.—(1) When a sheep or goat is slaughtered, the occupier of a slaughterhouse must remove all specified risk material (other than the spinal cord) as soon as is reasonably practicable after slaughter and in any event before post-mortem inspection.

(2) In the case of a sheep or goat aged over 12 months at slaughter, or which has a permanent incisor erupted through the gum, he must as soon as is reasonably practicable after slaughter—

(a) remove the spinal cord at the slaughterhouse before the post-mortem inspection;

(b) send the meat to a cutting plant authorised to remove spinal cord; or

(c) in accordance with the first paragraph of point 13 of Part A of Annex XI to the Community TSE Regulation send the meat to a cutting plant in another member State provided that the Food Standards Agency has entered into a written agreement with the competent authority of the receiving member State, and the despatch is in accordance with that agreement.

(3) Failure to comply with this paragraph is an offence.

Young lamb and goat stamps

9.—(1) An inspector may stamp a sheep or goat in a slaughterhouse with a young lamb stamp or a young goat stamp if the animal does not have a permanent incisor erupted through the gum and the documentation, if any, relating to the animal does not indicate that it is aged over 12 months at slaughter.

(2) The stamp shall mark the meat with a circular mark 5 centimetres in diameter with the following in capital letters 1 centimetre high—

(a) “MHS”; and

(b) in the case of a sheep, “YL”; or

(c) in the case of a goat, “YG”.

(3) It is an offence for any person other than an inspector to apply the stamp or a mark resembling the stamp, or to possess equipment for applying it.

(4) It is an offence to mark a sheep or goat with a stamp that is or resembles a young lamb stamp or a young goat stamp unless it is an animal permitted to be marked in accordance with sub-paragraph (1).

Removal of spinal cord from sheep and goats

10.  It is an offence to remove the spinal cord or any part of it from a sheep or goat aged over 12 months at slaughter or that had one or more permanent incisors erupted through the gum (other than for the purposes of veterinary or scientific examination) except by—

(a) longitudinally splitting the whole vertebral column; or

(b) removing a longitudinal section of the whole vertebral column including the spinal cord.

Cutting plants

11.—(1) The Food Standards Agency shall authorise a cutting plant to remove bovine vertebral column or spinal cord from sheep or goats (in each case if that material is specified risk material) if the Agency is satisfied that the provisions of Part A of Annex XI to the Community TSE Regulation and this Schedule will be complied with.

(2) The procedures in regulations 10, 12, 13 and 14 apply, but all references to the Secretary of State shall be construed as references to the Agency.

Removal of specified risk material at a cutting plant

12.  The occupier of an authorised cutting plant commits an offence unless he removes all specified risk material to which his authorisation relates as soon as reasonably practicable after arrival and in any event before the meat is removed from the premises.

Meat from another member State

13.  For the purposes of point 13 of Part A of Annex XI to the Community TSE Regulation, where meat containing those parts of the vertebral column that are specified risk material is brought into England from another member State, the importer must take it directly to a cutting plant authorised to remove those parts of the vertebral column, and failure to do so is an offence.

Exports to third countries

14.  In accordance with the last paragraph of point 13 of Part A of Annex XI to the Community TSE Regulation, it is an offence to export heads or fresh meat of bovine, ovine or caprine animals containing specified risk material to a third country.

Staining specified risk material

15.—(1) The occupier of any premises where specified risk material is removed who contravenes point 11 of Part A of Annex XI to the Community TSE Regulation is guilty of an offence.

(2) For the purposes of that point—

(a) staining means treating the material (whether by immersion, spraying or other application) with—

(i) a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No 42051(2)); or

(ii) such other colouring agent as may be approved in writing by the Secretary of State or the Food Standards Agency; and

(b) the stain must be applied in such a way that the colouring is and remains clearly visible—

(i) over the whole of the cut surface and the majority of the head in the case of the head of a sheep or goat; and

(ii) in the case of all other specified risk material, over the whole surface of the material.

(3) This paragraph does not apply in relation to any specified risk material which is destined for use as provided in Article 1(2)(b) and (c) of the Community TSE Regulation.

Scheme animals

16.—(1) After the specified risk material has been removed from a bovine animal slaughtered for the purposes of Commission Regulation (EC) No 716/96, the remainder (excluding the hide) must immediately be stained in accordance with the preceding paragraph in such a way that the colouring is and remains clearly visible over the whole surface of the material.

(2) Failure to comply with this paragraph is an offence.

Security of specified risk material

17.—(1) Pending consignment or disposal from the premises on which it was removed, the occupier of the premises must ensure that specified risk material is adequately separated from any food, feedingstuff or cosmetic, pharmaceutical or medical product and held in an impervious covered container that is labelled as either—

(a) containing specified risk material; or

(b) Category 1 animal by-products and including the words “For disposal only”.

(2) He must ensure that the container is thoroughly washed as soon as reasonably practicable each time that it is emptied, and disinfected before use for any other purpose.

(3) Failure to comply with this paragraph is an offence.

Prohibition on the supply of specified risk material for human consumption

18.  It is an offence to sell or supply—

(a) any specified risk material, or any food containing specified risk material, for human consumption; or

(b) any specified risk material for use in the preparation of any food for human consumption.

(1)

OJ No. L 139 , 30.04.2004, p. 206.

(2)

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