The Transmissible Spongiform Encephalopathies (England) Regulations 2018

Regulation 6(6)

SCHEDULE 6 Unlawful feedingstuffs

Killing of animals that have had access to unlawful feedingstuffs

1.—(1) Where an inspector has reasonable grounds to believe that an animal has been fed or has had access to any material prohibited by Annex 4 (referred to in this Schedule as unlawful feedingstuffs), that inspector may serve a notice in accordance with sub-paragraph (2).

(2) The notice may require the owner or person in charge of the animal to—

(a) kill the animal and dispose of it, as specified in the notice;

(b) keep the animal on such holding and in such manner as the notice provides.

(3) When a bovine animal is required by notice to be killed an inspector must ensure that the relevant cattle passport is stamped “Not for human consumption”.

(4) No person may consign for slaughter for human consumption any bovine animal the passport for which has been stamped “Not for human consumption”.

Compensation

2.—(1) Where an animal is killed because the Secretary of State has reasonable grounds to believe that a TSE susceptible animal has been fed or has had access to unlawful feedingstuffs which consist of—

(a) specified risk material,

(b) any material that the inspector has reasonable grounds to believe carries the risk of TSE infectivity, or

(c) animal protein for which the inspector cannot establish the origin of the TSE infectivity risk,

the Secretary of State may pay compensation in accordance with sub-paragraph (3) if the Secretary of State considers it appropriate in all the circumstances to make such payment, and must give such decision in writing to the animal owner.

(2) The appeal procedure in regulation 11 applies in relation to such decision.

(3) The compensation for—

(a) a bovine animal is the value established in accordance with Schedule 3;

(b) an ovine or caprine animal is the value established in accordance with paragraph 13 of Schedule 4; and

(c) an animal that is not bovine, ovine or caprine, is the market value of the animal at the time it is killed in accordance with paragraph 3 of Schedule 5.

Restriction and disposal of unlawful feedingstuffs

3.  Where unlawful feedingstuffs have been identified by an inspector as suspected of containing material prohibited by Annex 4, an inspector may serve a notice on the owner or person in possession of the feedingstuffs to—

(a) restrict animal access to the area where the feedingstuffs are stored;

(b) prevent the feedingstuffs being fed to animals generally, or prevent it being fed to those animals specified in the notice;

(c) require disposal of the feedingstuffs by the owner or person in possession of the feedingstuffs in accordance with instructions contained in the notice, with the cost of such disposal being borne by the recipient of the notice.