The TSE (Wales) Regulations 2002

Part VI Article 15(2) of and Chapter B of Annex VIII to the Community TSE Regulation

Notification of progeny of certain TSE suspect and confirmed animals

87.—(1) A person who is in possession or in charge of any—

(a) first generation progeny of—

(i) a female bovine animal infected with a TSE;

(ii) a BSE confirmed ovine or caprine animal; or

(b) any semen, embryos or ova derived from a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal,

and any veterinary surgeon or other person who, in the course of his or her duties, examines or inspects any such progeny, semen, embryos or ova, must with all practicable speed, notify the fact to the Divisional Veterinary Manager.

(2) A person who has in his or her possession or under his or her charge on any premises any animal he or she reasonably suspects is an animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal must detain it on the premises until it has been examined by a veterinary inspector.

(3) A person who, in the course of a laboratory examination of the carcase of an animal, or any semen, embryos or ova derived from an animal, reasonably suspects it is an animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal, must—

(a) with all practicable speed, notify the fact to the Divisional Veterinary Manager;

(b) retain the sample examined and the remainder of the carcase until its disposal has been authorised in writing by a veterinary inspector; and

(c) if required in writing to do so by a veterinary inspector, surrender any samples, in whatever form, to such an inspector.

Measures to administer and enforce Article 15(2) of and Chapter B of Annex VIII to the Community TSE Regulation

88.—(1) An inspector may make such enquiries and carry out such investigations as he or she considers necessary for any purpose connected with the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation.

(2) For the purpose of paragraph (1) above an inspector, on producing, if required to do so, some duly authenticated document showing his or her authority, may enter at all reasonable times any premises (excluding premises used only as a dwelling) to—

(a) ascertain whether any animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal, is being or has been kept on the premises;

(b) collect, pen, inspect and examine any animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal, and for this purpose may require the keeper of the animal to arrange for the collection and penning of the animal;

(c) inspect and examine, and make those tests and take those samples he or she considers necessary from, any—

(i) female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;

(ii) animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;

(iii) carcase of a female bovine animal infected with a TSE or carcase of a BSE confirmed ovine or caprine animal; or

(iv) carcase of an animal of first generation progeny, of a female bovine animal infected with a TSE or of a BSE-confirmed ovine or caprine animal;

(d) mark for identification purposes, or administer or otherwise attach an electronic identification device to, any—

(i) female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(ii) animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;

(iii) carcase of a female bovine animal infected with a TSE or carcase of a BSE confirmed ovine or caprine animal; or

(iv) carcase of an animal of first generation progeny, of a female bovine animal infected with a TSE or of a BSE-confirmed ovine or caprine animal;

(e) serve a notice to restrict or prohibit the movement, or issue a licence in connection with the movement, of—

(i) any female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(ii) any animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(iii) any carcase of a female bovine animal infected with a TSE or carcase of a BSE confirmed ovine or caprine animal; or

(iv) any carcase of an animal of first generation progeny, of a female bovine animal infected with a TSE or of a BSE confirmed ovine or caprine animal;

(f) seize or dispose of—

(i) any female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(ii) any animal of first generation progeny of, or semen, embryos, ova or blood derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(iii) any carcase of a female bovine animal infected with a TSE or carcase of a BSE confirmed ovine or caprine animal; or

(iv) any carcase of an animal of first generation progeny, of a female bovine animal infected with a TSE or of a BSE confirmed ovine or caprine animal;

(g) serve any notice in connection with the slaughter, or slaughter,—

(i) any female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal; or

(ii) any animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(h) give a direction under regulation 92 below;

(i) serve a notice requiring any cleansing and disinfection or carry out or cause to be carried out any cleansing and disinfection;

(j) examine any record, in whatever form the record may be held, and take copies of the record;

(k) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him or her such assistance as he or she may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; or

(l) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or any evidence of any such contravention or failure.

(3) No person except an inspector may remove or otherwise interfere with any mark applied to any animal or carcase under paragraph (2)(d) above and no person except a veterinary inspector shall remove or otherwise interfere with any electronic identifiction device attached to or otherwise administered to any animal or carcase under that paragraph.

(4) If a justice of the peace is satisfied on sworn information in writing that there are reasonable grounds for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and that either—

(a) admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier of the premises; or

(b) an application for admission, or the giving of such a notice, would defeat the object of entering the premises, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent,

the justice of the peace may issue a warrant authorising an inspector to enter the premises for that purpose, if need be by reasonable force.

(5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his or her employees and any person on the premises who is or has been in possession or charge of any animal or carcase which is or has been on the premises, must—

(a) provide all reasonable facilities and assistance to the inspector and comply with all reasonable requirements the inspector considers necessary for any purpose connected with the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation; and

(b) if required by an inspector, give such information as he or she possesses as to—

(i) any animal or carcase which is or has been on the premises;

(ii) any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact;

(iii) any semen, embryos or ova derived from any female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal; and

(iv) the location and movement of any animal or carcase, or any semen, embryos or ova derived from a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal,

which is or has been in his or her possession or charge.

(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him or her—

(a) such other persons as he or she considers necessary to give such assistance as he or she considers necessary; and

(b) a representative of the European Commission acting for the purpose of the Community TSE Regulation or the Community Transitional Measures or any Community legislation referred to in that Regulation or those Measures; and

(7) If an inspector enters any unoccupied premises he or she must leave them as effectively secured against unauthorised entry as he or she found them.

Movement prohibitions and restrictions

89.—(1) This regulation applies where an inspector is satisfied that for any purpose connected with the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation it is necessary to prohibit or restrict the movement from or to any premises of—

(a) any female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(b) any animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(c) any carcase of a female bovine animal infected with a TSE or any carcase of a BSE confirmed ovine or caprine animal;

(d) any carcase of an animal of first generation progeny, of a female bovine animal infected with a TSE or of a BSE confirmed ovine or caprine animal.

(2) Where an inspector is satisfied as provided for in paragraph (1) above, the inspector may, by notice in writing served on the owner or person in charge of any animal, carcase, semen, embryos, or ova prohibit or restrict the movement of the animal or carcase, or semen, embryos or ova, from or to any premises described in the notice for that period, and subject to those conditions, as he or she considers necessary for that purpose and specifies in the notice.

(3) During the period in which the notice is in force a veterinary inspector may renew it subject to any conditions he or she considers necessary for the same or a shorter period.

(4) A notice which is renewed may be renewed from time to time in a similar manner by a veterinary inspector.

(5) Where a notice is in force under this regulation the requirements or conditions of which allow movement of any animal or carcase or semen, embryos or ova, from premises provided that a licence is obtained from a veterinary inspector, a veterinary inspector may issue a licence for this purpose subject to any requirements or conditions he or she considers necessary.

(6) Where an animal or carcase or semen, embryos or ova, is being or are being moved under the authority of a licence issued under this Part of these Regulations the person in charge of the animal or carcase or semen, embryos or ova being so moved must carry the licence during the authorised movement and must, on demand made by an inspector or by a member of a police force, produce the licence and allow a copy or extract to be taken, and must also, on such demand, furnish his or her name and address.

Slaughter at slaughterhouses

90.—(1) This regulation and regulation 91 below apply where for the purposes of the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation, the Secretary of State is satisfied it is necessary to slaughter—

(a) any female bovine animal infected with a TSE or any BSE confirmed ovine or caprine animal; or

(b) any animal of first generation progeny of—

(i) a female bovine animal infected with a TSE; or

(ii) a BSE-confirmed ovine or caprine animal.

(2) Where the Secretary of State is satisfied that for these purposes it is necessary to slaughter any animal referred to in paragraph (1) above, at a slaughterhouse an inspector must so inform the occupier of the slaughterhouse and direct the occupier to slaughter the animal in the manner and within the period the inspector directs.

(3) Before an inspector gives an occupier a direction to slaughter an animal under this regulation he or she shall consider the hygiene, specified risk material or animal welfare requirements with which the occupier must comply at the slaughterhouse in relation to—

(a) the slaughter of the animal; and

(b) any related operation, including—

(i) the handling of the animal before and at slaughter, or the handling, storage, treatment and disposal of the carcase, any part of the carcase or any blood derived from the carcase or any part of the carcase; or

(ii) any operation in relation to any other animal or the slaughter of any other animal at the slaughterhouse, including the handling of any other animal before and at slaughter, or the handling, storage, treatment and disposal of the carcase, any part of the carcase or any blood derived from the carcase or any part of the carcase of any other animal.

(4) Where the inspector is satisfied that for the purpose of complying with any of these requirements the occupier must—

(a) slaughter any other animal at the slaughterhouse; or

(b) carry out any related operation,

the inspector must direct the occupier to slaughter the other animal or carry out the related operation and may specify the manner in which and the period within which the slaughter and any related operation is to take place.

(5) Directions from an inspector to an occupier under this regulation may include directions in relation to—

(a) the keeping and handling before and at slaughter of any animal at the slaughterhouse, whether or not it is to be slaughtered under a direction given under this regulation;

(b) the arrangements for the slaughter at the slaughterhouse of any animal slaughtered under a direction given under this regulation; and

(c) the treatment, storage and disposal of the carcase of any animal slaughtered at the slaughterhouse or any part of the carcase or any blood derived from the carcase or any part of the carcase.

(6) Any direction under this regulation must be complied with at the expense of the person to whom the direction is given.

(7) 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.

Slaughter at other premises

91.—(1) Where the Secretary of State is satisfied that it is necessary to slaughter any animal referred to in regulation 90(1) above, at premises other than a slaughterhouse, a veterinary inspector must serve a notice of intended slaughter on the owner or person in charge of the animal—

(a) informing him or her of that intention; and

(b) specifying the period within which representations from the owner or person in charge of the animal may be made to the Secretary of State.

(2) After considering any representations received during this period from the owner or person in charge of the animal, the Secretary of State must either—

(a) withdraw the notice of intended slaughter; or

(b) serve on the owner or person in charge of the animal a notice of confirmation of intention to slaughter the animal.

(3) After service of the notice to confirm the intended slaughter of the animal the Secretary of State shall cause the animal to be slaughtered as soon as possible having regard to the requirements of Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation.

Retention, seizure and disposal of carcases etc.

92.—(1) This regulation applies where for any purpose connected with the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, Community TSE Regulation, the National Assembly is satisfied it is necessary—

(a) to require an occupier of premises to retain on the premises—

(i) any female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(ii) any animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;

(iii) any carcase of a female bovine animal infected with a TSE or carcase of a BSE confirmed ovine or caprine animal;

(iv) any carcase of an animal of first generation progeny, of a female bovine animal infected with a TSE or of a BSE-confirmed ovine or caprine animal; or

(v) any part of a carcase, or any blood derived from any carcase or any part of a carcase, as described in paragraphs (iii) and (iv) above; or

(b) to seize from any premises any animal, semen, embryos, ova, carcase, part of a carcase or blood.

(2) Where the National Assembly is satisfied as provided for in paragraph (1) above the inspector may—

(a) direct the occupier of the premises to retain on the premises any animal, semen, embryos, ova, carcase, part of a carcase or blood; or

(b) seize or dispose of any animal, semen, embryo, ova, carcase, part of a carcase or blood whether or not it is an animal, semen, embryo, ova, carcase, part of a carcase or blood which the occupier has been required to retain under the direction of an inspector.

(3) Directions from an inspector to an occupier under this regulation may include directions in relation to the treatment, storage and disposal of the animal, semen, embryo, ova, carcase, part of a carcase or blood.

(4) Any direction under this regulation must 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.

Compensation for slaughtered animals

93.—(1) Where an animal is slaughtered under regulation 90 or 91 above the Secretary of State must pay compensation to the owner of the animal in accordance with the provisions of Part V of Schedule 1 to these Regulations.

(2) Subject to paragraph (3) below, the Secretary of State shall pay compensation in accordance with the provisions of Part VI of Schedule 1 to these Regulations to the owner of any animal, semen, embryo, ova, carcase, part of a carcase or blood seized or disposed of under regulation 92 above.

Offspring slaughter

94.  Schedule 7 to these Regulations shall have effect for the purpose of continuing the implementation of Council Decision 98/256/EC(1) (concerning emergency measures to protect against bovine spongiform encephalopathy, amending Decision 94/474/EC and repealing Decision 96/239/EC) in relation to offspring of bovine animals.

Cleansing and disinfection

95.—(1) A veterinary inspector may serve on the occupier of any premises on which there is, or has within 56 days been, any—

(a) female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(b) animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(c) any carcase of a female bovine animal infected with a TSE or carcase of a BSE confirmed ovine or caprine animal; or

(d) any carcase of an animal of first generation progeny, of a female bovine animal infected with a TSE or of a BSE confirmed ovine or caprine animal

a notice requiring him or her to cleanse and disinfect, at his or her own expense in the manner and within that period as may be specified in the notice, all or any part of the premises or any equipment or any other thing used in connection with that animal or carcase.

(2) If any person on whom a notice is served under paragraph (1) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of the default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so will be recoverable from the person in default by the authority on whose behalf the inspector served the notice.

(1)

OJ No. L113, 15.4.98, p.32. Council Decision 98/256/EC remains in force as a transitional measure by virtue of article 1(1) of Commission Regulation (EC) No 1326/2001 and section D of annex XI to the Community TSE Regulation (added by article 3(3) of, and annex IV to, Commission Regulation (EC) No 1326/2001).