Citation and commencement

1. These Regulations may be cited as the Transmissible Spongiform Encephalopathies (England) (Amendment) Regulations 2008; they come into force on 12th January 2009.

Amendment of the Transmissible Spongiform Encephalopathies (England) Regulations 2008

2. The Transmissible Spongiform Encephalopathies (England) Regulations 2008(4) are amended in accordance with regulations 3 to 9.

Amendment of regulation 2 (interpretation)

3. In regulation 2(1) in the definition of "Community TSE Regulation", after sub-paragraph (b), insert–

"(c) Commission Decision 2008/908/EC authorising certain Member States to revise their annual BSE monitoring programme(5);".

Amendment of regulation 12 (appointment of inspectors)

4. For regulation 12 substitute–

"12. The Secretary of State and the local authority may appoint inspectors for the purposes of the enforcement of these Regulations except as specified in Schedules 7 and 8.".

Amendment of regulation 20 (enforcement)

5. In regulation 20 for paragraph (2) substitute–

"(2) The Food Standards Agency enforces in slaughterhouses and cutting plants Schedule 7 and paragraphs 1A, 2 and 3 of Schedule 8.".

Amendment of Schedule 2

6. In schedule 2–

(a) for paragraph 1 substitute–

"Notification of the body of a goat for the purpose of monitoring under Article 6 of the Community TSE Regulation

1.–(1) For the purpose of monitoring under Article 6 of the Community TSE Regulation, a person who has in their possession, or under their control, the body of a goat aged 18 months or over at death, must–

(a) within 24 hours from the time when the animal died or was killed or the body came into their possession or under their control notify the Secretary of State; and

(b) where the Secretary of State directs, detain it until it has been collected by or on behalf of the Secretary of State,

and failure to do so is an offence.

(2) This paragraph does not apply in relation to goats slaughtered for human consumption or killed in accordance with Schedule 4.

Delivery of the body of a bovine animal for the purpose of monitoring under Article 6 of the Community TSE Regulation

1A.–(1) For the purpose of monitoring under Article 6 of the Community TSE Regulation, a person who has in their possession or under their control the body of a bovine animal that must be tested in accordance with point 3(1) of Part I of Chapter A of Annex III to that Regulation must, unless directed otherwise by the Secretary of State, within 24 hours either–

(a) make arrangements with another person for that person to collect it and to deliver it to an approved sampling site within 72 hours; or

(b) identify an approved sampling site that will carry out the sampling and deliver the animal to that site so as to arrive at the site within 72 hours,

and failure to do so is an offence.

(2) The periods of 24 and 72 hours referred to in sub-paragraph (1) run from the time when the animal died or was killed or came into the possession or under the control of the person to whom the requirements of that sub-paragraph apply.

Persons collecting and delivering

1B. A person with whom arrangements are made under paragraph 1A for the delivery of a body to an approved sampling site must, unless directed otherwise by the Secretary of State, within 48 hours of the time when the body comes into their possession or under their control–

(a) identify an approved sampling site that will carry out the sampling; and

(b) ensure it is delivered to that site,

and failure to do so is an offence.

Destruction without sampling

1C. Any person who destroys the body of a bovine animal to which paragraph 1A applies before it has undergone sampling at an approved sampling site, except in accordance with a direction of the Secretary of State, commits an offence.

Retention of bodies of bovine animals pending test results

1D. An approved sampling site to which the body of a bovine animal has been sent for sampling in accordance with this Part must retain it in accordance with point 6(3) of Chapter A of Annex III to the Community TSE Regulation, and failure to do so is an offence.

Isle of Wight

1E. The requirements of paragraphs 1 and 1A do not apply in the Isle of Wight.";

(b) after paragraph 4 insert–

"Approved sampling sites

4A.–(1) The Secretary of State must on application approve a sampling site to sample animals to which paragraph 1A applies if satisfied that the sampling site has adequate control procedures to carry out the sampling.

(2) An "approved sampling site" in this Part means a sampling site approved under this paragraph or a sampling site in another part of the United Kingdom approved by the competent authority to carry out sampling for the same purpose."; and

(c) in paragraph 11, sub-paragraph (a) and in paragraph 12, for "paragraph 5(1)" substitute "paragraph 6(1)".

Amendment of Schedule 3

7. In Schedule 3 paragraph 5, sub-paragraph (3) for "sub-paragraph 2(b)(ii)" substitute "sub-paragraph 1(b)(ii)".

Amendment of Schedule 4

8. In Schedule 4 paragraph 9, sub-paragraph (1) for "Annex C" substitute "Annex X".

Substitution of Schedule 8

9. For Schedule 8 substitute the replacement schedule set out in the Schedule to these Regulations.

Regulation 9

SCHEDULE Replacement Schedule 8

Regulation 5

"SCHEDULE 8 Restrictions on placing on the market and export

Placing on the market or export to third countries of bovine products

1A.–(1) It is an offence for any person to place on the market or to export (or offer to export) to third countries any products consisting of or incorporating any material (other than milk) derived from a bovine animal born or reared within the United Kingdom before 1st August 1996.

(2) The prohibition in sub-paragraph (1) does not apply to the hides of bovine animals born or reared within the United Kingdom before 1st August 1996 (including hides from bovine animals referred to in the third indent of point 1(a) of Annex VII to the Community TSE Regulation) that have been used for leather production in accordance with Article 1(3) of Commission Decision 2007/411/EC(6).

(3) For the purpose of enforcing the provisions of this paragraph the powers of an inspector may also be exercised by a person appointed as such in relation to a hide market or tannery by the Agriculture and Horticulture Development Board.

Placing on the market or export to third countries of bovine animals

1B.–(1) It is an offence for any person to place on the market or to export (or offer to export) to third countries in accordance with Part II of Chapter A of Annex VIII to the Community TSE Regulation bovine animals born or reared in the United Kingdom before 1st August 1996.

(2) The prohibition in sub-paragraph (1) does not apply to the placing on the market of such animals for sale or supply to any person in the United Kingdom.

Export to member States of heads and un-split carcases

2. Subject to point 10(2) of Annex V to the Community TSE Regulation, it is an offence for any person to export (or offer to export) a head or un-split carcase containing specified risk material to another member State in the absence of an agreement of the kind specified in point 10(1) of that Annex.

Export to third countries of products containing specified risk material

3. In accordance with point 10(3) of Annex V to the Community TSE Regulation, it is an offence for any person to export (or offer to export) heads or fresh meat of bovine, ovine or caprine animals containing specified risk material to third countries.

Appointment of Food Standards Agency inspectors

4. For the purposes of paragraphs 1A, 2 and 3 of this Schedule, within a slaughterhouse or cutting plant an inspector is any person appointed for the purpose by the Food Standards Agency."

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Transmissible Spongiform Encephalopathies (England) Regulations 2008 (S.I. 2008/1881, amended by S.I. 2008/2269) which enforce 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 L 147, 31.5.2001, p1) as amended.

Regulation 2 (interpretation) is amended to include a reference to Commission Decision 2008/908/EC authorising certain Member States to revise their annual BSE monitoring programme (OJ No L 327, 5.12.2008, p24) in the definition of "Community TSE Regulation" (regulation 3).

Regulation 20 (enforcement) is amended to make the Food Standards Agency the enforcement authority in slaughterhouses and cutting plants in respect of all of the restrictions on placing on the market and exporting products contained in Schedule 8, save those in paragraph 1B (regulation 5).

Schedule 2 (TSE monitoring) is amended to place a duty on those in possession of fallen bovine stock to deliver or arrange for the delivery of carcases to an approved sampling site for brain stem sampling. Those collecting and delivering the carcases of the fallen stock are required to ensure that they are delivered to an approved sampling site. Failure to comply with these provisions is an offence. The requirements do not apply in the Isle of Wight (regulation 6).

Schedule 2 is also amended to create new offences of destroying a carcase to which these provisions apply before it has been sampled and of failing to retain carcases prior to obtaining a negative test result, and to make provision for the approval of sampling sites by the Secretary of State (regulation 6).

A substituted Schedule 8 (restrictions on placing on the market and export) makes it an offence to place on the market and export live bovine animals born or reared in the United Kingdom before 1st August 1996 and products derived from them (other than milk or hides) to other Member States and to third countries; restricts the export of heads and un-split carcases containing specified risk material to other member States; and prohibits the export of bovine heads and meat containing such material to third countries (regulation 9).

Offences are punishable in accordance with regulation 18 of the 2008 Regulations by–

(a) on summary conviction, a fine not exceeding the statutory maximum or imprisonment for a term of three months or both, or

(b) on conviction on indictment, a fine or imprisonment for a term not exceeding two years or both.

An impact assessment on the effect of this instrument on the costs of business has been prepared and placed in the library of each House of Parliament. Copies may be obtained from the Department for Environment, Food and Rural Affairs, 9 Millbank, c/o 17 Smith Square, London SW1P 3JR.