The Specified Risk Material Amendment (No. 3) (Scotland) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, make further amendments to the Specified Risk Material Regulations 1997 (“the principal Regulations”).

These Regulations implement the provisions of Annex XI to Regulation (EC) No. 999/2001 of the European Parliament and the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (O.J. No. L 147, 31.5.01, p.1). Part A of Annex XI imposes transitional measures with regard to the removal of specified risk material and was inserted into Regulation (EC) No. 999/01 by Article 3 of Commission Regulation (EC) No. 1326/2001 (O.J. No. L 177, 30.6.01, p.60).

The substantive amendments made by these Regulations to the principal Regulations are as follows–

(a) in respect of the transitional measures referred to above–

(i) regulation 3 of the principal Regulations (which defines “specified sheep and goat material”) is amended to exclude from the scope of the definition material derived from sheep and goats born, continuously reared and slaughtered in certain third countries (regulation 2(4) and (5));

(ii) regulation 4 of the principal Regulations (which defines “specified bovine material”) is substantially revised so that, in particular, material derived from bovine animals born, continuously reared and slaughtered in certain third countries is now outside the scope of the definition (regulation 2(6) to (8));

(iii) regulation 8 of the principal Regulations (prohibition applying to the vertebral column of ruminant animals) is replaced with a provision prohibiting the use of bovine, ovine and caprine bones in the production of mechanically recovered meat (regulation 2(10)) and regulation 9 (registration of premises on which meat is recovered by mechanical means from ruminant animals) is omitted (regulation 2(11));

(iv) a new regulation 15A dealing with the treatment of carcases consigned to cutting premises and imported carcases containing vertebral column, which is specified bovine material, is inserted into the principal Regulations (regulation 2(13)); and

(b) in view of the amendment made to regulation 26 of the principal Regulations by the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (Scotland) Regulations 2000 (S.S.I. 2000/62), that regulation is further amended to enable the Scottish Ministers or the Food Standards Agency to give directions relating to the disposal of specified risk material (regulation 2(14) and (15)). A consequential amendment is also required to regulation 29(2)(c) (regulation 2(16)).

These Regulations also make consequential amendments to the principal Regulations (regulation 2(2), (3), (9) and (12)).

A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect that these Regulations are likely to have on business costs, has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.