Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999

Explanatory Note

(This note is not part of the Regulations.)

These Regulations revoke and replace the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1998. They give effect in Northern Ireland to Commission Decisions 98/692/EC (O.J. No. L328, 4.12.98, p. 28) and 98/564/EC (O.J. No. L273, 9.10.98, p. 37) which amended Council Decision 98/256/EC (O.J. No. L113, 15.4.98, p. 32) concerning emergency measures to protect against bovine spongiform encephalopathy, in relation to the despatch to other member States and third countries of bovine animals and embryos and meat and other products from bovine animals.

Together with equivalent Regulations in Great Britain, the Regulations make new provision for derogations from the despatch abroad prohibitions contained in the Council Decision in respect of the United Kingdom meat and products eligible for the Date Based Export Scheme (DBES). The Regulations also continue to make provision for the despatch abroad of meat and products eligible for the Export Certified Herds Scheme (ECHS) and the despatch abroad of meat, products and by-products produced in Northern Ireland from imported beef. The Regulations continue the existing controls on products and by-products produced from UK-slaughtered bovine animals.

Regulation 2 contains definitions and these include a definition of “additional mark” which has to be applied to goods for despatch abroad.

Regulation 3 makes provision in relation to trade in live bovine animals, bovine embryos, mammalian meat and bone meal and related products.

Regulation 4 makes provision in relation to trade in meat, products, by-products and materials derived from bovine animals slaughtered in the United Kingdom.

Regulation 5 makes provision in relation to trade in meat, products, by-products and materials derived from bovine animals slaughtered outside the United Kingdom.

Regulation 6 makes provision for the registration of establishments for the production of controlled bovine by-products, and regulation 7 imposes requirements on the operators of these establishments.

Regulation 8 makes provision in relation to the production of gelatin and collagen, the consignment of material containing bovine vertebral column to establishments registered under regulation 6(2), the despatch abroad and consignment and movement for that purpose of imported fresh meat, the consignment of export eligible goods in officially sealed vehicles and the consignment and movement of the imported products and by-products referred to in articles 5 and 8(e) of the Council Decision. Regulation 8(10) prohibits the placing on the market in Northern Ireland of fresh meat, minced meat, meat preparations or meat products which bear, or are labelled or packaged with, an additional mark.

Regulation 9 makes provision in relation to the use of controlled bovine by-products and other products in the production of products liable to enter the human food or animal feed chains or destined for use in cosmetics, medical or pharmaceutical products.

Regulation 10 provides for the approval of establishments for the slaughter of DBES eligible animals and ECHS animals and regulation 11 imposes requirements on the operators of establishments approved under regulation 10. Regulation 12 makes provision for the approval of establishments used for the preparation and despatch of foreign origin export eligible goods, DBES goods and ECHS goods and foreign origin bovine by-products. Regulation 13 imposes requirements on the operators of establishments approved under regulation 12.

Regulation 14 makes provision for the Department to charge reasonable fees in respect of costs reasonably incurred by it or on its behalf in connection with the issue of certificates, the application of the additional mark and official seals, the registration and approval of establishments, the inspection or supervision of establishments registered or approved under the Regulations and the carrying out of official checks in relation to the eligibility of bovine animals for the purposes of the DBES and ECHS.

Regulation 15 makes provision in relation to powers of search and powers of stop and search. Regulation 16 provides powers of entry to premises. Regulation 17 provides power to seize goods. It also makes provision for the destruction of a consignment of goods where there is a risk of them being dealt with illegally. Regulation 18 provides for sampling and other checks and examinations. Regulation 19 confers power on customs officers to detain vehicles and vessels. Regulation 20 makes provision for suspension notices and orders, suspending the use of business premises for the receipt or despatch of the goods and by-products referred to in regulation 20(1).

Regulation 21 provides offences of obstruction. Regulation 22 provides for offences and penalties. Regulation 23 provides that the Regulations are enforced by the Department and local authorities, as defined in regulation 2(1).

Regulation 24 amends to the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998. Regulation 25 revokes the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1998 and makes savings provisions.

Schedule 1 sets out the required methods of operation for DBES and ECHS slaughterhouses. Schedule 2 sets out the required methods of operation for the preparation of export eligible goods in export dedicated establishments. Schedule 3 sets out the required methods of operation for the preparation of foreign origin export eligible goods in establishments which are not export dedicated establishments. Schedule 4 makes provision for the additional mark for foreign origin export eligible goods and Schedule 5 makes provision for the additional mark for DBES goods, ECHS goods prepared in Northern Ireland, goods containing any DBES goods or ECHS goods (whether or not prepared in Northern Ireland), or foreign origin export eligible goods consisting of, or derived from, fresh meat which has been deboned and from which all adherent tissues, including obvious nervous and lymphatic tissues, have been removed.