The TSE (Scotland) Amendment (No. 2) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the TSE (Scotland) Regulations 2002 (S.I. 2002/255) (“the principal Regulations”) which give effect in Scotland to the enforcement and administration of Regulation (EC) No. 999/2001 of the European Parliament and of 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) (“the Community TSE Regulation”).

They bring up to date the definition of “Community Transitional Measures” in regulation 3 of the principal Regulations (regulation 3).

They insert a new Part IIA into the principal Regulations introducing a power to slaughter, without payment of compensation, animals born before 1st August 1996 which are sent to slaughterhouses for human consumption in breach of the prohibition on such consignation. They make it an offence to slaughter animals born before 1st August 1996 for human consumption. They prohibit the dispatch to other member States or third countries of bovine animals born or reared in the United Kingdom before 1st August 1996, meat or products derived from animals born or reared in the United Kingdom after 31st July 1996 and slaughtered before 10th June 2005 and vertebral column from bovine animals born or reared after 31st July 1996 and slaughtered before 3rd May 2006 or products derived from such vertebral column (regulation 5).

They make amendments to Part IV of the principal Regulations dealing with the removal of specified risk material in slaughterhouses (regulation 7) and cutting premises (regulation 8).

They make consequential amendments, following the amendments made to the definition of specified risk material in the Community TSE Regulation (regulations 3 and 10). They create a new offence associated with head meat harvesting (regulation 11).

They introduce new provisions allowing local authorities to authorise and register butcher shops for the purpose of removing vertebral column that is specified risk material (regulation 13). They make provision allowing occupiers of butcher shops to appeal decisions taken in connection with such authorisation and registration (regulation 15).

They update the reference to the Community TSE Regulation in regulation 92 of the principal Regulations (regulation 17).

They insert a new provision in Schedule 6A to the principal Regulations with a derogation relaxing the restrictions on the type of sheep which can be introduced onto holdings where TSE eradication measures have been applied (regulation 18).

They amend Schedule 7 of the principal Regulations to introduce a new compensation scheme for slaughtered offspring animals (regulation 19).

They make a consequential amendment to the Animal and Animal Products (Import and Export) (Scotland) Regulations 2000 (regulation 20).

They revoke the enactments listed in the Schedule (regulation 21).

A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY and from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.