The TSE (Scotland) Amendment Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the TSE (Scotland) Regulations 2002 (S.S.I. 2002/255) (“the 2002 Regulations”). The majority of the amendments are made in consequence of defects in those Regulations.

Regulation 2(2) corrects the date of a European Community measure and the definition of “specified solid waste”. Regulation 2(3) clarifies a transitional provision allowing manufacturers to sell, and others to possess and use on non-agricultural land, fertilisers containing mammalian meat and bone meal which were manufactured before 30th April 1998 provided they were contracted for by the manufacturer before that date. Regulation 2(4) corrects printing errors in regulation 39 of the 2002 Regulations. Regulation 2(5) makes it clear that in certain circumstances it is an offence for persons to have in their possession, outwith a licensed slaughterhouse, a carcase of a sheep or goat intended for placing on the market for human consumption. Regulation 2(6) makes it clear that it is an offence not only to sell, but to place on the market for sale, specified risk material for use in making cosmetic, pharmaceutical or medical products. Regulation 2(7) clarifies the procedure in relation to appeals and reviews.

Regulation 2(8) is a new provision. It substitutes a new regulation 63(2)(b) for the existing regulation 63(2)(b) in the 2002 Regulations, to require that ash from specified risk material is buried in licensed landfill sites.

Regulation 2(9) clarifies the requirements for cleansing and disinfection set out in regulation 69 of the 2002 Regulations. Regulation 2(10) makes it clear that an inspector enforcing Part IV of the 2002 Regulations may make such enquiries and investigations as may be necessary, consistent with enforcement powers elsewhere in the 2002 Regulations.

Regulation 2(11) corrects a defect in Schedule 5, making it clear that specified risk material from an animal slaughtered under the ‘Over Thirty Months Scheme' may be mixed with other material from the same animal, for disposal.

This instrument is being issued free of charge to all known recipients of the 2002 Regulations. A Regulatory Impact Assessment has not been prepared in respect of these Regulations.