The Specified Risk Material (Amendment) (Wales) Order 2000

“(1)

In this Order, “specified bovine material” means—

(a)

the following material in relation to a bovine animal that was slaughtered or died in the United Kingdom or Portugal at an age greater than 6 months—

(i)

the entire head (excluding the tongue but including the brains, eyes, trigeminal ganglia and tonsils);

(ii)

the thymus;

(iii)

the spleen;

(iv)

the intestines from the duodenum to the rectum; and

(v)

the spinal cord;

(b)

in relation to a bovine animal that was slaughtered or has died in the United Kingdom or Portugal at an age greater than 30 months (other than a bovine animal which was accompanied at the time of slaughter by a slaughter certificate issued under the Beef Assurance Scheme as described in Schedule 1 to the Fresh Meat (Beef Controls) (No.2) Regulations 19964), the vertebral column (including dorsal root ganglia); and

(c)

in relation to a bovine animal that was slaughtered or died, at an age greater than 12 months, elsewhere than in the UK, Portugal, Australia or New Zealand, the following material—

(i)

the skull (including the brains and eyes);

(ii)

the tonsils;

(iii)

the spinal cord; and

(iv)

the ileum.

(2)

In this article, the references to Portugal do not include a reference to the Autonomous Region of the Azores.”

“Import of specified risk material6.

(1)

No person shall import into Wales from outside the British Islands any specified risk material except where it is to be transported directly to—

(a)

approved premises;

(b)

a veterinary or medical school, laboratory, hospital or similar institution for instructional, diagnostic or research purposes, provided that those purposes do not involve the consumption, by humans or animals (other than animals kept for the purposes concerned) of specified risk material or products derived therefrom; or

(c)

in the case of specified risk material imported from another Member State, to an approved incinerator or an approved collection centre for direct consignment to an approved incinerator.

(2)

In paragraph (1)(c), the expression “approved collection centre” and “approved incinerator” shall have the same meaning as in regulation 21(1)(a) and (d) of the Specified Risk Material Regulations 19975.

(3)

No person shall import into Wales from outside the British Islands any food or feeding stuff listed in Schedule 1 below, except food or feeding stuff which—

(a)

does not contain specified risk material; and

(b)

in the case of any food or feeding stuff that is imported from a third country, is accompanied by a certificate in the form set out in Schedule 2 below, issued by the appropriate veterinary authority of the place from which the food or feeding stuff was dispatched.

(4)

Where specified risk material is imported under paragraph (1) above, the importer shall ensure that it is transported to its place of destination without delay.

(5)

Contravention of or failure to comply with any provision of this article shall be an offence to which section 76(3) of the Animal Health Act 1981 applies.

(6)

It shall be a defence for any person charged with an offence under paragraph (1) or (3) above to prove—

(a)

where it is alleged that he or she imported any food or feeding stuff listed in Schedule 1 below containing specified risk material, that he or she did not know or have any reason to believe that it contained any specified risk material;

(b)

where it is alleged that he or she imported any food or feeding stuff listed in Schedule 1 below without the certificate referred to in paragraph (3)(b) above, that it was accompanied by a document purporting to be the certificate required by that paragraph and which he or she did not know or have any reason to believe to be false; and

(c)

where it is alleged that he or she imported any food or feeding stuff listed in Schedule 1 below which contained specified risk material and was not accompanied by the certificate referred to in paragraph (3)(b) above, that he or she did not know or have reason to believe that the food or feeding stuff contained specified risk material nor that the document purporting to be the certificate was false.

(7)

It shall be a defence for any person charged with an offence under paragraph (4) above to prove that he or she took all reasonable steps to ensure that it was transported to approved premises as required by that paragraph.”.