The TSE (Wales) (Amendment) (No. 2) Regulations 2005

Welsh Statutory Instrument 2005 No. 2902 (W.205)

The TSE (Wales) (Amendment) (No. 2) Regulations 2005

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STATUTORY INSTRUMENTS

2005 No. 2902 (W.205)

ANIMALS, WALES

ANIMAL HEALTH

The TSE (Wales) (Amendment) (No. 2) Regulations 2005

	Made	18 October 2005
	Coming into force	19 October 2005

These Regulations may be cited as the TSE (Wales) (Amendment) (No.2) Regulations 2005 and comes into force on 19 October 2005.

The TSE (Wales) Regulations 2002[

In regulation 3(1) (interpretation)—

(a) at the end of the definition of "the Community Transitional Measures", there is added —

" (g) Regulation (EC) No. 932/2005 of the European Parliament and of the Council of 8 June 2005 amending Regulation (EC) No. 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies as regards the extension of the period for transitional measures[

and the word "and" is deleted from the end of sub-paragraph (e), and added to the end of the sub-paragraph (c), of that definition;

and the word "and" is deleted from the end of sub-paragraph (b), and added to the end of the sub-paragraph (c), of that definition;

" "vertebral column" excludes the vertebrae of the tail, the spinous and transverse processes of the cervical, thoracic and lumbar vertebrae, the median sacral crest and the wings of the sacrum, but includes the dorsal root ganglia;";

" "young goat stamp" means the stamp described as such in regulation 38(2); and

"young lamb stamp" means the stamp described as such in regulation 38(2).".

4. After Regulation 10 (notifications), there are inserted the following regulations—

" Slaughter of bovine animals over 30 months of age

10A.

—(1) No person will use a slaughterhouse for the slaughter of a relevant bovine animal unless the occupier of the slaughterhouse has agreed in writing with an OVS the Required Method of Operation in respect of the slaughter of relevant bovine animals at the slaughterhouse in question.

(2) Without prejudice to other provisions which may be contained in it, a relevant agreement —

(3) If the OVS suspends or revokes the agreement—

(4) The occupier of the slaughterhouse will ensure that the provisions contained in the relevant agreement relating to that slaughterhouse are complied with in relation to each relevant bovine animal slaughtered there.

(5) Where a relevant bovine animal has been slaughtered otherwise than in accordance with a relevant agreement, an inspector may give to the occupier of the slaughterhouse in question a direction for the disposal of—

    (6) Where an inspector gives a direction under paragraph (5), the owner of the carcase will not be entitled to any compensation under these Regulations in respect of that carcase and the other parts of the body of the animal including the blood and the hide.

    (7) Paragraph (6) is without prejudice to any proceedings arising out of the failure to comply with the relevant agreement in question.

    (8) If a person to whom a direction is given under paragraph (5) fails to comply with the direction, an inspector may arrange for it to be complied with—

(9) In this regulation—

(a) "registered bovine animal" means a bovine animal which belongs to a herd registered under the Beef Assurance Scheme pursuant to regulation 4 of the Fresh Meat (Beef Control) (No.2) Regulations 1996[

Consignment of over-age animals to a slaughterhouse
10B. —(1) Subject to paragraph (2), no person will consign to a slaughterhouse a live or dead bovine animal born or reared in the United Kingdom prior to 1 August 1996.

(2) Paragraph (1) does not prohibit a person from consigning a bovine animal to a slaughterhouse under the purchase scheme introduced under Commission Regulation (EC) No. 716/96[7] adopting exceptional support measures for the beef market in the United Kingdom, as amended by Commission Regulations (EC) No. 774/96[8], No. 835/96[9], No. 1512/96[10], No. 1846/96[11], No. 1974/96[12], No. 2149/96[13], No. 2423/96[14], No. 1365/97[15], No. 1176/2000[16]) and No. 667/2003[17]).".

5. In regulation 23 (production of feedingstuffs containing fishmeal), for paragraphs (1), (2) and (3) there are substituted—

" (1) No person will use any premises for the production of feedingstuffs containing fishmeal for the feeding of non-ruminant farmed animals save in accordance with—

(2) The National Assembly for Wales will authorise establishments in relation to the production of feedingstuffs for the purposes of—

if, following an inspection of the premises by a veterinary inspector, it is satisfied that the premises are capable of being operated in accordance with the relevant requirements of Annex IV.

(3) In paragraphs (1) and (2), "Annex IV" means Annex IV to the Community TSE Regulation.".

6. In regulation 25 (use and storage of feedingstuffs)—

(a) sub-paragraph (a) of paragraph (1) is omitted; and

(b) in paragraph (2), "fishmeal," is omitted.

7. After regulation 25, there are inserted the following regulations—

" Use and storage of feeding stuffs containing fishmeal

25A.

—(1) Subject to paragraph (2), any person who—

is guilty of an offence.

    (2) For the purposes of the derogation in paragraph 2.IB(f) of that Annex, no person is to use or store any feeding stuff containing fishmeal on premises where ruminants are kept unless that person is registered by the National Assembly for Wales for that purpose in accordance with paragraph (3).

    (3) The National Assembly for Wales is to grant a registration under paragraph (2) where the occupier has declared to it in writing that measures are implemented on the premises in question to prevent the feedingstuffs being fed to ruminant animals on those premises.

    (4) Any person who fails to comply with paragraph (2) is guilty of an offence.

    (5) A person guilty of an offence under this regulation is liable—

Samples sent to laboratories and reporting requirements
25B. —(1) Up to and including 31 December 2005, where an operator of an establishment producing feedingstuffs sends a sample to a laboratory for testing for any purpose in connection with the requirements of Annex IV of the Community TSE Regulation, he or she will supply in writing with the sample—

(a) the name and address of the premises at which the sample was taken;

(b) the date on which the sample was taken; and

(c) the description and identity of the sample.

(2) The operator will also supply in writing with the sample—

(a) confirmation whether or not the sample was taken from a feedingstuff or an ingredient for the feeding of farmed animals—

(b) details of the species of animal for which the feedingstuff or ingredient is intended.

(3) Any—

(a) person who submits a sample to a laboratory for analysis pursuant to paragraph (1); or

(b) occupier of the laboratory, other than the Community reference laboratory, to which that sample is sent,

will inform the National Assembly for Wales; with all practicable speed if there is any evidence arising from that sample of a breach of these Regulations or of Annex IV to the Community TSE Regulation.".

8. In regulation 29B (slaughter of animals), for paragraph (4) there is substituted—

" (4) Subject to paragraph (5), if any person on whom a notice is served under paragraph (1) fails to comply with the requirements of the notice, an inspector may carry out or cause to be carried out those requirements—

(5) An inspector may only carry out or cause to be carried out the requirements of a notice referred to in paragraph (4) if the National Assembly for Wales has confirmed the notice pursuant to paragraph (3).".

9. In regulation 33 (removal of specified risk material from carcases in slaughterhouses)—

(a) for paragraph (1), there is substituted—

" (1) When a bovine animal is slaughtered in a slaughterhouse, or slaughtered elsewhere then brought to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse will ensure that—

(b) in paragraph (2)(b), for the words "the head, spleen, ileum and tonsils are" there are substituted "all specified risk material, excluding the spinal cord, is"; and

(c) paragraph (10) is omitted.

10. In regulation 36 (removal of vertebral column of bovine animals in cutting premises)—

(a) in paragraph (1)(a), for the words " regulation 33(10)", there are substituted "regulation 33(1)"; and

(b) for paragraph (5) there is substituted—

" (5) In this regulation, "carcase" means—

containing no specified risk material other than the vertebral column.".

11. For regulation 37 (removal of SRM spinal cord of bovine animals, sheep and goats) there is substituted—

" Removal of spinal cord of sheep and goats which is specified risk material

37.

—(1) Where the carcase of a sheep or a goat is consigned to a slaughterhouse or cutting premises licensed for the purpose of this Part of these Regulations, the occupier of that slaughterhouse or cutting premises will ensure that the spinal cord which is specified risk material is removed from the rest of the carcase.

(2) If the spinal cord which is specified risk material is removed in a slaughterhouse or at cutting premises licensed for the purpose of this Part of these Regulations, the occupier will ensure that it is stained in accordance with regulation 33(3) and disposed of as specified risk material in accordance with this Part of these Regulations.

(3) If the spinal cord which is specified risk material is removed at any premises, other than a licensed slaughterhouse or licensed cutting premises, for the purposes of veterinary or scientific examination, after that examination the spinal cord will be stained blue and disposed of as specified risk material in accordance with this Part of these Regulations.".

12. For regulation 38 (young lamb stamp), there is substituted—

" Young lamb stamp and young goat stamp

38.

—(1) Where a sheep or a goat is slaughtered in a slaughterhouse and at the time of slaughter—

and the spleen and the ileum have been removed, the carcase of the animal may be marked with a young lamb stamp or a young goat stamp as appropriate.

(2) A young lamb stamp and a young goat stamp will consist of a circular mark 5 centimetres in diameter containing in legible form in capital letters 1 centimetre high—

(3) No person other than—

may apply a young lamb stamp or a young goat stamp or possess the equipment for applying such a stamp.

(4) No person will use a stamp resembling a young lamb stamp or a young goat stamp in such a way as to suggest that the carcase of any animal other than an animal referred to in paragraph (1) is such a carcase.

(5) In relation to any slaughterhouse or cutting premises, the Agency may appoint as meat technicians such persons as are necessary to assist the OVS and inspectors in carrying out the functions referred to in paragraph (3).".

     13. —(1) In regulation 41(1) and (2), after the words "young lamb stamp", there are inserted ", or young goat stamp, as the case may be,".

    (2) In regulations 46(1) and 47(1), after the words "young lamb stamp", there are inserted ", or young goat stamp, as the case may be".

     14. After Schedule 1(compensation), there is inserted Schedule 1A set out in the Schedule.

     15. In Schedule 6A (enforcement of Annex VII to the Community TSE Regulation), after part IV (compensation), there is inserted—

" PART V
OFFENCES

18.

A person guilty of an offence under paragraph 8, 10, 11 or 12 is liable—

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[18].

D. Elis-Thomas
The Presiding Officer of the National Assembly

18 October 2005

SCHEDULE

Regulation 14

" SCHEDULE 1A

Regulation 10A

REQUIREMENTS TO BE COVERED BY AGREEMENTS RELATING TO THE SLAUGHTER OF BOVINE ANIMALS OVER 30 MONTHS OF AGE

Animal identification and separation
1. There has to be a reliable system for identifying on arrival at the slaughterhouse—

(e) bovine animals referred to in (a) or (b) which have, or are suspected of having—

which may make their meat unfit for human consumption.

     2. There has to be a reliable system for ensuring that no bovine animal born or reared in the United Kingdom before 1 August 1996 is slaughtered for human consumption.

     3. Bovine animals which are over 30 months of age but born on or after 1 August 1996 have to be clearly identified.

     4. Bovine animals which are over 30 months of age but born on or after 1 August 1996 and bovine animals which are 30 months of age and under have to be separated into batches for subsequent separate slaughter.

Brain stem sampling
     5. There has to be sufficient slaughterhouse staff trained and competent in the taking, labelling, packaging and despatch of brain stem samples. Health and Safety guidelines to minimise the risk of exposure to bovine spongiform encephalopathy have to be followed and hygienic facilities have to be provided. Sampling procedures are to be such that they do not jeopardise the hygienic production of meat intended for human consumption.

Correlation of sample to carcase and all other body parts.
     6. There has to be a reliable system for linking the brain stem sample of each bovine animal over 30 months of age to the carcase of that animal and all other parts of the body of that animal including the blood and the hide.

Retention of carcases and all other body parts
     7. Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there has to be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that the carcase of a bovine animal tested for bovine spongiform encephalopathy ("the tested animal") plus the carcase of—

on the slaughter line are retained in slaughter order either in a sealed chiller or on a sealed rail in an unsealed chiller, pending the receipt of the results of the rapid test.

8. Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases, then there has to be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that the carcase of a bovine animal tested for bovine spongiform encephalopathy ("the tested animal") is retained either in a sealed chiller or on a sealed rail in an unsealed chiller, pending the receipt of the results of the rapid test.

9. There has also to be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that—

on the slaughter line, and

(b) mixed batches of the body parts of both a tested animal and any other bovine animal,

are disposed of by incineration or, with the exception of the hides, retained at the slaughterhouse until rapid test results are available.

     10. Hides not retained at the slaughterhouse have to be retained at premises under official control until rapid test results are available.

Delivery of sample to testing laboratory
     11. Brain stem samples for testing for bovine spongiform encephalopathy have to be packaged and delivered in a testable condition to a laboratory approved by the National Assembly for Wales for the purposes of point 2 of Chapter C of Annex X to the Community TSE Regulations. The samples have to be packaged and labelled in accordance with packaging instructions P650 of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1 January 2005)[19].

Receipt of rapid test results by the slaughterhouse
     12. There has to be a system for the receipt of the correct test results from the laboratory, either by fax or by other electronic means.

Action following a positive or 'no test' result.
     13. Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases, then there have to be effective arrangements to ensure that the carcase and all other parts of the body, including the blood and the hide ("the whole body") of any bovine animal which tested positive for bovine spongiform encephalopathy ("the BSE positive animal"), plus the whole body of the bovine animal immediately preceding the BSE positive animal and of each of the two bovine animals immediately following the BSE positive animal on the slaughter line (including any batched materials), are identified and disposed of by incineration.

     14. Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there have to be effective arrangements to ensure that the whole body of any BSE positive animal is identified and disposed of by incineration.

     15. Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there have to be effective arrangements to ensure that the whole body of any bovine animal samples of which cannot be tested for any reason ("the no test animal") plus the whole body (but not the hide if it is separately identified) of the bovine animal immediately preceding the no test animal and of each of the two bovine animals immediately following the no test animal on the slaughter line (including any batched materials), are identified and disposed of by incineration.

     16. Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there have to be effective arrangements to ensure that the whole body of any bovine animal, samples of which cannot be tested for any reason, is identified and disposed of by incineration.

Removal of vertebral column in cutting premises licensed under regulation 56(1)
     17. There have to be effective arrangements to ensure that the vertebral column is not removed from the carcase of a bovine animal over 30 months of age which has tested negative for bovine spongiform encephalopathy in the slaughterhouse but that it is removed from the carcase in cutting premises licensed under regulation 56(1).

Testing of the effectiveness of the controls put in place
     18. Before the first occasion on which the occupier of a slaughterhouse slaughters a bovine animal over 30 months of age any part of which is intended for human consumption, there has to be a test of all the control procedures referred to in the requirements set out in paragraphs 1 to 9 of this Schedule by means of a trial using bovine animals under 30 months old, which demonstrates that all of the control procedures are effective.".