Title and commencement

1. These Regulations may be cited as the Transmissible Spongiform Encephalopathies (No.2) (Amendment) Regulations 2008 and come into force on 26th April 2008.

Amendment of the Transmissible Spongiform (Encephalopathies) (No. 2) Regulations 2006

2.–(1) The Transmissible Spongiform Encephalopathies (No.2) Regulations 2006(4) are amended in accordance with paragraphs (2) to (4).

(2) In paragraph (1) of regulation 2 (interpretation)–

(a) immediately before the definition of "bovine animal" there is inserted the following definition -

""the amended Community TSE Regulation" means the Community TSE Regulation as amended by Commission Regulation (EC) No. 722/2007 amending Annexes II, V, VI, VIII, IX and XI to 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(5) and Commission Regulation (EC) No. 357/2008 amending Annex V to 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(6);";

(b) in the definition of "cutting plant", for the reference to paragraph 10(2)(c) of Schedule 6 there is substituted a reference to paragraph 9(2)(b)(iii) of that Schedule; and

(c) immediately after the definition of "slaughterhouse" there is inserted the following definition -

""specified risk material" (save as specified in paragraph 20(6) of Schedule 6) has the meaning given to it in Article 3.1(g) of the amended Community TSE Regulation;".

(3) For Schedule 6 (specified risk material, mechanically separated meat and slaughtering techniques) there is substituted the Schedule set out in the Schedule to these Regulations.

(4) In Schedule 7 (restrictions on dispatch to other member States and to third countries) for paragraph 2 (exports to third countries) there is substituted the following paragraph–

"2. Any person who fails to comply with point 10.3 of Annex V to the amended Community TSE Regulation is guilty of an offence.".

Revocation

3. The Beef Bones Regulations 1997(7) are revoked in as far as they apply in relation to England.

Regulation 2(3)

THE SCHEDULE SCHEDULE SUBSTITUTED FOR SCHEDULE 6 TO THE TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES (NO. 2) REGULATIONS 2006

Regulation 5

"SCHEDULE 6 Specified risk material, mechanically separated meat and slaughtering techniques

Appointment of the Food Standards Agency as the competent authority

1.–(1) Except in butcher shops, the Food Standards Agency must carry out the duties on the member State in point 11.1 and point 11.2 of Annex V to the amended Community TSE Regulation in relation to this Schedule and may grant authorisations for the purposes of point 4.3(a) of that Annex.

(2) For the purposes of this Schedule, within a slaughterhouse or cutting plant an inspector is–

(a) an official veterinarian who is qualified in accordance with Regulation 854/2004 to act in such a capacity and is appointed by the Food Standards Agency;

(b) an official auxiliary who is qualified in accordance with Regulation 854/2004 to act in such a capacity, is appointed by the Food Standards Agency and works under the authority and responsibility of an official veterinarian; or

(c) any other person appointed for the purpose by the Food Standards Agency.

(3) An appointment as an inspector may be limited to powers and duties specified in the appointment.

(4) Any person exercising the powers of an inspector under this Schedule has the protection specified in regulation 14(3).

Training

2. The occupier of any slaughterhouse or cutting plant where specified risk material is removed must–

(a) ensure that staff receive any training necessary to ensure that the occupier complies with his duties in this Schedule; and

(b) keep records of each person´s training for as long as that person works there,

and failure to do so is an offence.

Mechanically separated meat

3.–(1) Any person who fails to comply with point 5 of Annex V to the amended Community TSE Regulation (measures concerning mechanically separated meat) is guilty of an offence.

(2) Any person who uses any mechanically separated meat produced in contravention of that point in the preparation of any food for sale for human consumption or of any feedingstuff is guilty of an offence.

(3) In this paragraph "mechanically separated meat" means the product obtained by removing meat from flesh-bearing bones after boning, using mechanical means resulting in the loss or modification of the muscle fibre structure.

Pithing

4. Any person who fails to comply with point 6 of Annex V to the amended Community TSE Regulation (measures concerning laceration of tissues) is guilty of an offence.

Tongue harvesting

5. Any person who fails to comply with point 7 of Annex V to the amended Community TSE Regulation (harvesting of tongues from bovine animals) is guilty of an offence.

Head meat harvesting

6. Any person who fails to comply with point 8.1 of Annex V to the amended Community TSE Regulation (harvesting of bovine head meat) is guilty of an offence.

Removal of specified risk material

7.–(1) Any person who removes specified risk material in any premises other than premises in which that specified risk material may be removed under point 4.1 or point 4.3(a) of Annex V to the amended Community TSE Regulation is guilty of an offence.

(2) In the case of a cutting plant, it is an offence to remove–

(a) any part of the vertebral column that is specified risk material from any bovine animal unless the plant is authorised under paragraph 12(1)(a); or

(b) the spinal cord from any sheep or goat aged over 12 months at slaughter or which has a permanent incisor erupted through the gum, unless the plant is authorised for the purpose of such removal under paragraph 12(1)(b).

Bovine animals in a slaughterhouse

8.–(1) When a bovine animal is slaughtered in a slaughterhouse or the carcase of a bovine animal is transported to a slaughterhouse following emergency slaughter elsewhere, the occupier of the slaughterhouse must remove all specified risk material (other than those parts of the vertebral column that are specified risk material) as soon as is reasonably practicable after slaughter and in any event before post-mortem inspection.

(2) He must as soon as is reasonably practicable after slaughter consign any meat containing those parts of the vertebral column that are specified risk material to–

(a) a cutting plant authorised under paragraph 12(1)(a);

(b) a cutting plant located in another country of the United Kingdom and authorised under the corresponding provision applicable in that country; or

(c) another member State in accordance with point 10.2 of Annex V to the amended Community TSE Regulation.

(3) He must identify meat containing vertebral column that is not specified risk material in accordance with point 11.3(a) of Annex V to the amended Community TSE Regulation and provide information in accordance with point 11.3(b) of that Annex.

(4) No person may include a blue stripe in the label referred to in Article 13 of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97(8) as last amended by Regulation 1791/2006, except in accordance with point 11.3(a) of Annex V to the amended Community TSE Regulation.

(5) Failure to comply with this paragraph is an offence.

Sheep and goats in a slaughterhouse

9.–(1) When a sheep or goat is slaughtered in a slaughterhouse or the carcase of a sheep or goat is transported to a slaughterhouse following emergency slaughter elsewhere, the occupier of the slaughterhouse must remove all specified risk material (other than the spinal cord) as soon as is reasonably practicable after slaughter and in any event before post-mortem inspection.

(2) In the case of a sheep or goat aged over 12 months at slaughter, or which has a permanent incisor erupted through the gum, he must as soon as is reasonably practicable after slaughter–

(a) remove the spinal cord at the slaughterhouse before the post-mortem inspection; or

(b) send the meat to–

(i) a cutting plant authorised under paragraph 12(1)(b),

(ii) a cutting plant located in another country of the United Kingdom and authorised under the corresponding provision applicable in that country, or

(iii) in accordance with point 10.1 of Annex V to the amended Community TSE Regulation, a cutting plant located in another member State, provided that the Food Standards Agency has entered into a written agreement with the competent authority of the receiving member State and the dispatch is in accordance with that agreement.

(3) In sub-paragraph (2)(b)(iii), "cutting plant" means premises–

(a) approved or conditionally approved as such under Article 31(2) of Regulation 882/2004; or

(b) operating as such under Article 4(5) of Regulation 853/2004 pending such approval.

(4) Failure to comply with this paragraph is an offence.

Young lamb and goat stamps

10.–(1) An inspector may stamp a sheep or goat in a slaughterhouse with a young lamb stamp or a young goat stamp if the animal does not have a permanent incisor erupted through the gum and the documentation, if any, relating to the animal does not indicate that it is aged over 12 months at slaughter.

(2) The stamp must mark the meat with a circular mark 5 centimetres in diameter with the following in capital letters 1 centimetre high–

(a) "MHS"; and

(b) in the case of a sheep, "YL"; or

(c) in the case of a goat, "YG".

(3) It is an offence for any person other than an inspector to apply the stamp or a mark resembling the stamp, or to possess equipment for applying it.

(4) It is an offence to mark a sheep or goat with a stamp that is or resembles a young lamb stamp or a young goat stamp unless it is an animal permitted to be marked in accordance with sub-paragraph (1).

Removal of spinal cord from sheep and goats

11. It is an offence to remove the spinal cord or any part of it from a sheep or goat aged over 12 months at slaughter or that had one or more permanent incisors erupted through the gum (other than for the purposes of veterinary or scientific examination) except by–

(a) longitudinally splitting the whole vertebral column; or

(b) removing a longitudinal section of the whole vertebral column including the spinal cord.

Authorisation of cutting plants by the Food Standards Agency

12.–(1) The Food Standards Agency may authorise a cutting plant to remove -

(a) those parts of the vertebral column of bovine animals that are specified risk material; or

(b) spinal cord from sheep and goats aged over 12 months at slaughter or which have a permanent incisor erupted through the gum,

if the Agency is satisfied that the provisions of Annex V to the amended Community TSE Regulation and this Schedule will be complied with.

(2) The procedures in regulations 6, 8, 9 and 10 apply, but all references to the Secretary of State must be construed as references to the Agency.

Removal of specified risk material at a cutting plant authorised under paragraph 12(1)

13. The occupier of a cutting plant authorised under paragraph 12(1) commits an offence if he does not, as soon as is reasonably practicable after arrival at the plant of meat, and in any event before the meat is removed from the plant, remove from the meat all specified risk material of a kind to which the authorisation relates.

Meat from another member State

14. For the purposes of point 10.1 and point 10.2 of Annex V to the amended Community TSE Regulation, where meat containing those parts of the vertebral column of a bovine animal that are specified risk material is brought into England from another member State, the importer must send it directly to a cutting plant authorised under paragraph 12(1)(a), and failure to do so is an offence.

Staining and disposal of specified risk material

15.–(1) The occupier of any premises where specified risk material is removed who fails to comply with point 3 of Annex V to the amended Community TSE Regulation (marking and disposal) is guilty of an offence.

(2) For the purposes of that point–

(a) staining involves treating the material (whether by immersion, spraying or other application) with–

(i) a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No 42051(9)), or

(ii) such other colouring agent as may be approved in writing by the Secretary of State or the Food Standards Agency; and

(b) the stain must be applied in such a way that the colouring is and remains clearly visible–

(i) over the whole of the cut surface and the majority of the head in the case of the head of a sheep or goat, and

(ii) in the case of all other specified risk material, over the whole surface of the material.

(3) This paragraph does not apply in relation to any specified risk material which is destined for use as provided in Article 1(2)(b) and (c) of the Community TSE Regulation.

Scheme animals

16.–(1) After the specified risk material has been removed from a bovine animal slaughtered for the purposes of Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom(10) as last amended by Commission Regulation (EC) No. 2109/2005 amending Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom(11), the remainder (excluding the hide) must immediately be stained in accordance with paragraph 15 in such a way that the colouring is and remains clearly visible over the whole surface of the material.

(2) Failure to comply with this paragraph is an offence.

Security of specified risk material

17.–(1) Pending consignment or disposal from the premises on which it was removed, the occupier of the premises must ensure that specified risk material is adequately separated from any food, feedingstuff or cosmetic, pharmaceutical or medical product and held in an impervious covered container that is labelled as either–

(a) containing specified risk material; or

(b) Category 1 animal by-products and including the words "For disposal only".

(2) He must ensure that the container is thoroughly washed as soon as is reasonably practicable each time that it is emptied, and disinfected before use for any other purpose.

(3) Failure to comply with this paragraph is an offence.

Prohibition on the dispatch of heads and un-split carcases to other member States

18. Subject to point 10.2 of Annex V to the amended Community TSE Regulation, any person who, in the absence of an agreement of the kind specified in point 10.1 of that Annex, dispatches any head or un-split carcase containing specified risk material to another member State commits an offence.

Prohibition on the supply of specified risk material for human consumption

19. It is an offence to sell or supply–

(a) any specified risk material, or any food containing specified risk material, for human consumption; or

(b) any specified risk material for use in the preparation of any food for human consumption.

Transitional provisions

20.–(1) Until 24th May 2008, nothing in this Schedule precludes consignment to a butcher shop that was, on 25th April 2008, authorised and registered under paragraph 14 of this Schedule as it was on that date, of meat which–

(a) has not been brought into England from another member State;

(b) is derived from a bovine animal that was–

(i) slaughtered no later than 25th April 2008, and

(ii) aged 30 months or less at slaughter; and

(c) contains those parts of the vertebral column that are specified risk material.

(2) Until 31st May 2008, the occupier of a butcher shop of the kind referred to in sub-paragraph (1) commits an offence unless he removes from meat consigned to him in accordance with that sub-paragraph those parts of the vertebral column that are specified risk material before the meat is removed from the premises.

(3) Local authorities shall carry out the duties on the member State in point 11.1 and 11.2 of Annex V to the amended Community TSE Regulation in relation to the removal of vertebral column in accordance with sub-paragraph (2).

(4) Until 24th May 2008, nothing in this Schedule precludes consignment to a cutting plant (whether or not authorised under paragraph 12(1)(a)) of meat which–

(a) has not been brought into England from another member State;

(b) is derived from a bovine animal that was–

(i) slaughtered no later than 25th April 2008, and

(ii) aged 30 months or less at slaughter; and

(c) contains those parts of the vertebral column that are specified risk material.

(5) Until 31st May 2008, the occupier of a cutting plant commits an offence unless he removes from meat consigned to him in accordance with sub-paragraph (4) those parts of the vertebral column that are specified risk material as soon as is reasonably practicable and in any event before the meat is removed from the premises.

(6) For the purposes of this paragraph and paragraphs 15, 17 and 19 in so far as they apply in relation to specified risk material removed in accordance with sub-paragraph (2) or (5), "specified risk material" has the meaning given to it in Article 3.1(g) of the Community TSE Regulation as amended by Commission Regulation (EC) No. 722/2007.

Definitions of Community legislation

21. In this Schedule–

EXPLANATORY NOTE

(This note is not part of the Regulations)

1. These Regulations amend the Transmissible Spongiform Encephalopathies (No. 2) Regulations 2006 (S.I. 2006/1228, as already amended), which provide for the enforcement in relation to England 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 (OJ No. L147, 31.5.2001, p.1) as amended by and as read with the Community instruments set out in Schedule 1 to S.I. 2006/1228.

2. The principal amendment is that a revised Schedule 6 is inserted into S.I. 2006/1228 (regulation 2(3)).

3. Schedule 6 to S.I. 2006/1228 currently provides for the enforcement of the revised text of Annex V to Regulation (EC) No. 999/2001 that was inserted into that Regulation by Commission Regulation (EC) No. 722/2007 (OJ No. L164, 26.6.2007, p.7).

4. Commission Regulation (EC) No. 357/2008 (OJ No. L111, 23.4.2008, p.3) has amended that revised text by substituting for the provision designating vertebral column of bovine animals aged over 24 months at slaughter as specified risk material a provision designating vertebral column of bovine animals aged over 30 months at slaughter as specified risk material.

5. The revised Schedule 6 inserted into S.I. 2006/1228 by these Regulations provides for the enforcement of Annex V to Regulation (EC) No. 999/2001 as now amended by Commission Regulation (EC) No. 357/2008. Paragraph 20 of Schedule 6 provides for transitional arrangements in relation to the consignment of meat derived from bovine animals slaughtered before the coming into force of these Regulations and aged 30 months or less at slaughter to butcher shops and cutting plants.

6. These Regulations also–

(a) make consequential amendments to paragraph (1) of regulation 2 (interpretation) of S.I. 2006/1228 in the light of the amendment to the revised text of Annex V to Regulation (EC) No. 999/2001 referred to in paragraph 4 above and the revised Schedule 6 to S.I. 2006/1228 referred to in paragraph 5 above (regulation 2(2));

(b) update the wording of paragraph 2 of Schedule 7 to S.I. 2006/1228 to provide for the enforcement of point 10.3 of Annex V to Regulation (EC) No. 999/2001 (prohibition on export outside the Community of heads and fresh meat of bovines, ovines and caprines containing specified risk material) (regulation 2(4)); and

(c) revoke the Beef Bones Regulations 1997 (S.I. 1997/2959), which extend to the whole of Great Britain, in so far as they apply in relation to England (regulation 3).

7. An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the SRM Branch, TSE Division, of the Food Standards Agency at Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.