The Transmissible Spongiform Encephalopathies (Wales) Regulations 2006

© Crown Copyright 2006

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"cattle passport" ("pasbort gwartheg") has the same meaning as in the Cattle Identification Regulations 1998[4];

"Community TSE Regulation" ("Rheoliad TSE y Gymuned") means 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], as amended by, and as read with the instruments set out in Schedule 1;

"inspector" ("arolygydd") means an inspector appointed under regulation 16, and "veterinary inspector" means a veterinary surgeon appointed by the National Assembly as an inspector;

"local authority" ("awdurdod lleol") means the council of any county or county borough in Wales;

"National Assembly" ("y Cynulliad Cenedlaethol") means the National Assembly for Wales;

"slaughterhouse" ("lladd-dy") and (except in Schedule 6, paragraph 10(2)(c)) "cutting plant" ("safle torri") mean premises–

(a) approved or conditionally approved as such by the Food Standards Agency under Article 31(2) of Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules[6]; or

(b) operating as such under Article 4(5) of Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin[7]pending such approval; and

"TSE" ("TSE") means transmissible spongiform encephalopathy.

    (2) Expressions that are not defined in these Regulations and occur in the Community TSE Regulation have the same meaning in these Regulations as they have for the purposes of the Community TSE Regulation.

Appointment of competent authority
     3. The National Assembly is the competent authority for the purposes of the Community TSE Regulation except as otherwise specified in these Regulations.

Exception for research
     4. —(1) The provisions of Schedules 2 to 6 do not apply in relation to animals kept for the purposes of research in premises approved for that purpose under this regulation by the National Assembly.

    (2) If a bovine animal, sheep or goat kept in approved research premises or its progeny dies or is killed, the occupier must dispose of it as a Category 1 animal by-product in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption[8], and failure to do so is an offence.

    (5) The appeals procedure in regulation 14 then applies.

Occupier' s duty
     11. The occupier of any premises approved, authorised, licensed or registered under these Regulations commits an offence if he or she does not ensure that–

(a) the premises are maintained and operated in accordance with–


(i) any condition of the approval, authorisation, licence or registration; and

(ii) the requirements of the Community TSE Regulation and these Regulations; and



(b) any person employed by him or her, and any person permitted to enter the premises, complies with those conditions and requirements.

Suspension and amendment
     12. —(1) The National Assembly may suspend or amend an approval, authorisation, licence or registration granted under these Regulations if–

(a) any of the conditions under which it was granted is not fulfilled; or

(b) it is satisfied that the provisions of the Community TSE Regulation or of these Regulations are not being complied with.

    (2) A suspension or amendment must–

(a) have immediate effect if the National Assembly considers it necessary for the protection of public or animal health; and

(b) otherwise must not have effect for at least 21 days.

    (3) Notification of the suspension or amendment must–

(a) be in writing;

(b) state when it comes into effect;

(c) give the reasons; and

(d) explain the right of the person who has been notified to make written representations to a person appointed by the National Assembly.

    (4) The appeals procedure in regulation 14 then applies.

    (5) If the suspension or amendment does not have immediate effect and representations are made under regulation 14, it must not have effect until the final determination by the National Assembly of the appeal unless it considers that it is necessary for the protection of public or animal health for the amendment or suspension to have effect before then.

Revocations of approvals, etc.
     13. —(1) The National Assembly may revoke an approval, authorisation, licence or registration granted under these Regulations if it is satisfied that the premises will not be operated in accordance with the Community TSE Regulation or these Regulations and if–

(a) it is currently suspended and the period for appeal under regulation 14 has expired or it has upheld the suspension following such appeal;

(b) it has previously suspended it and there is further non-compliance with the Community TSE Regulation or these Regulations; or

(c) it is satisfied that the occupier no longer uses the premises for the purpose for which it was granted.

    (2) If the National Assembly revokes under paragraph (1)(b) or (1)(c) the appeals procedure in regulation 14 applies but the revocation remains in force during that appeals procedure.

Appeals procedure
     14. —(1) Where this regulation applies, a person may make written representations concerning a decision within 21 days of notification of the decision to a person appointed for the purpose by the National Assembly.

    (2) The appointed person must report in writing to the National Assembly.

    (3) The National Assembly must give to the appellant written notification of its final determination and the reasons for it.

Valuations
     15. —(1) This regulation applies when a valuation is necessary under these Regulations.

    (2) The owner and the National Assembly may agree such a valuation.

    (3) If the owner and the National Assembly cannot agree on such a valuation, they may jointly appoint a valuer.

    (4) If the owner and the National Assembly cannot agree on who the valuer is to be, the President of the Royal Institution of Chartered Surveyors will nominate the valuer, and both the owner and the National Assembly must accept the nomination.

    (5) The valuer will carry out the valuation and submit it and any other relevant information and documentation to the National Assembly, and a copy to the owner.

    (6) Both the owner and a representative of the National Assembly have the right to be present at a valuation.

    (7) The valuation is binding on both the owner and the National Assembly.

Appointment of inspectors
     16. The National Assembly and the local authority must appoint inspectors for the purposes of the enforcement of these Regulations except as specified in Schedule 6.

Powers of entry
     17. —(1) An inspector must, on producing, if so required, some duly authenticated document showing his or her authority, have a right at all reasonable hours, to enter any premises (including any domestic premises if they are being used for any purpose in connection with the Community TSE Regulation and these Regulations) for the purpose of ensuring that the Community TSE Regulation and these Regulations are being complied with; and in this regulation "premises"includes any vehicle, container or structure (moveable or otherwise).

    (2) An inspector may take with him or her–

(a) such other persons as he or she considers necessary; and

(b) any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.

    (3) If an inspector enters any unoccupied premises he or she must leave them as effectively secured against unauthorised entry as he or she found them.

Powers of inspectors
     18. —(1) An inspector may–

(a) seize any–


(i) animal;

(ii) body of an animal, and any parts of the body (including the blood and the hide) and any semen, embryo or ovum; or

(iii) animal protein or feedingstuffs that may contain animal protein,



and dispose of them as necessary;

(b) carry out any inquiries, investigations, examinations and tests;

(c) collect, pen and inspect any animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;

(d) inspect any body of an animal and any parts of the body (including the blood and the hide) and any semen, embryo or ovum;

(e) inspect any part of the premises, any equipment, facility, operation or procedure;

(f) take any samples;

(g) have access to, and inspect and copy any records (in whatever form they are held)in order to determine if these Regulations are being complied with, including records kept under the Community TSE Regulation and these Regulations, or remove such records to enable them to be copied;

(h) have access to, inspect and check the operation of, any computer and any associated apparatus or material that is or has been in use in connection with any record; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford the inspector such assistance as he or she may reasonably require (including providing the inspector with any necessary passwords) and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;

(i) mark anything (including an animal) whether electronically or otherwise, for identification purposes; and

(j) lock or seal any container or store.

    (2) Any person who defaces, obliterates, or removes any mark or seal, or removes any lock, applied under paragraph (1) is guilty of an offence.

    (3) An inspector is not personally liable for anything he or she does–

(a) in the execution or purported execution of these Regulations; and

(b) within the scope of his or her employment,

if he or she acted in the honest belief that his or her duty under these Regulations required or entitled him or her to do it; but this does not affect any liability of his or her employer.

Notices
     19. —(1) If it is necessary for any reason connected with the enforcement of the Community TSE Regulation or these Regulations an inspector may serve a notice on–

(a) the owner or keeper of any animal;

(b) the person in possession of the body or any part of the body of an animal (including the blood and the hide) or any semen, embryo or ovum; or

(c) the person in possession of any animal protein or feedingstuffs that may contain animal protein.

    (2) The notice must be in writing, and must give the reasons for it being served.

    (3) The notice may–

(a) prohibit the movement of any animal on to or from the premises specified in the notice;

(b) specify those parts of premises to which an animal may or may not be allowed access;

(c) require the killing or slaughter of any animal;

(d) prohibit or require the movement on to or from premises specified in the notice of the body or any part of the body (including the blood and the hide) of any animal, any animal protein or feedingstuffs that may contain animal protein, and any animal semen, embryo or ovum;

(e) require the disposal of the body or any part of the body (including the blood and the hide) of any animal (whether or not it is one that was required to be detained), and any semen, embryo or ovum as may be specified in the notice;

(f) require the disposal of any animal protein or feedingstuffs that may contain animal protein or specify how they are to be used; or

(g) require the recall of any animal protein or feedingstuffs that may contain animal protein.

    (4) If an inspector suspects that any premises, vehicle or container to which the Community TSE Regulation or these Regulations apply constitutes a risk to animal or public health, he or she may serve a notice on the occupier or person in charge of the premises, vehicle or container requiring that person to cleanse and disinfect all or any part of the premises, vehicle or container and any associated equipment.

    (5) A notice may specify how it must be complied with, and specify time limits.

    (6) A notice must be complied with at the expense of the person on whom it is served, and if it is not complied with an inspector may arrange to have it complied with at that person' s expense.

    (7) Failure to comply with a notice is an offence.

Notices restricting movement
     20. —(1) If a notice is served restricting movements, an inspector may subsequently permit movement under the authority of a licence.

    (2) The person transporting under the authority of a licence must carry the licence with him or her during movement, and produce it on demand to an inspector, and failure to do so is an offence.

Obstruction
     21. A person is guilty of an offence if he or she–

(a) intentionally obstructs an inspector acting under these Regulations;

(b) without reasonable cause, fails to give to an inspector acting under these Regulations any assistance or information or to provide any facilities that the inspector may reasonably require the person to give or provide for the performance of his or her functions under these Regulations;

(c) gives false or misleading information to an inspector acting under these Regulations; or

(d) fails to produce a record when required to do so by an inspector acting under these Regulations.

Penalties
     22. A person guilty of an offence under these Regulations is liable–

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

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

Offences by bodies corporate
     23. —(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of–

(a) any director, manager, secretary or other similar person of the body corporate; or

(b) any person who was purporting to act in any such capacity,

he or she, as well as the body corporate, is guilty of the offence.

    (2) For the purposes of paragraph (1), "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Enforcement
     24. —(1) The National Assembly enforces Schedule 2 in slaughterhouses and cutting plants.

    (2) The Food Standards Agency enforces Schedule 6 in slaughterhouses and cutting plants.

    (3) Otherwise these Regulations are enforced by the local authority.

    (4) The National Assembly may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on the local authority under this regulation must be discharged by the National Assembly and not by the local authority.

Amendment of the TSE (Wales) Regulations 2002
     25. In paragraph 17(1) of Schedule 6A to the TSE (Wales) Regulations 2002[9]for the words "this Schedule" substitute the words "Schedule 4 to the TSE (Wales) Regulations 2006".

Revocations
     26. The provisions in Schedule 8 and the following regulations are revoked–

(a) the Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (Wales) Regulations 2005[10]

(b) the Bovines and Bovine Products (Trade) Regulations 1999[11]

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[12]


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

2 May 2006

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.

Consignment and slaughter of an over-age bovine animal
     2. If a bovine animal was born or reared in the United Kingdom before 1 August 1996, it is an offence–

(a) to consign it to a slaughterhouse for human consumption (whether the animal is alive or dead); or

(b) to slaughter it for human consumption in a slaughterhouse.

Brain stem sampling of bovine animals
     3. —(1) The occupier of a slaughterhouse in which a bovine animal specified in point 2(1) or 2(2) of Part I of Chapter A of Annex III to the Community TSE Regulation is slaughtered must–

(a) take a sample of brain stem in accordance with point 1 of Chapter C of Annex X to the Community TSE Regulation; and

(b) arrange for it to be delivered to an approved testing laboratory,

and failure to do so is an offence.

    (2) The National Assembly must, by means of a notice, notify the occupier of a slaughterhouse if an animal comes into the categories specified in point 2(1) of Part I of Chapter A to Annex III to the Community TSE Regulation (except in the case of a dead animal consigned to a slaughterhouse with a written declaration from a veterinary surgeon that it falls into one of those categories).

    (3) In accordance with point 5 of Part I of Chapter A of Annex III to the Community TSE Regulation, the National Assembly may serve a notice on the occupier of a slaughterhouse requiring him or her to sample and send for testing in accordance with sub-paragraph (1) any bovine animal slaughtered there.

    (4) The National Assembly must approve laboratories to test samples taken under this paragraph if it is satisfied that the laboratory–

(a) will carry out the testing in accordance with Chapter C of Annex X to the Community TSE Regulation;

(b) has adequate quality control procedures; and

(c) has adequate procedures to ensure the correct identification of the samples and notification of the test results to the consigning slaughterhouse.

    (5) In this paragraph "approved testing laboratory" means a laboratory approved under this paragraph or a laboratory in another part of the United Kingdom approved by the competent authority to carry out the test.

Slaughter of bovine animals over 30 months of age
     4. —(1) It is an offence for the occupier to use a slaughterhouse to slaughter for human consumption a bovine animal aged over 30 months unless the National Assembly has approved the Required Method of Operation ("RMOP") for that slaughterhouse and that occupier.

    (2) The RMOP must, as a minimum–

(a) describe the procedures that will be followed to comply with Part I of this Schedule; and

(b) describe all the systems and procedures specified in Part II of this Schedule.

    (3) The National Assembly must approve the RMOP if it is satisfied that all the requirements of the Community TSE Regulation and these Regulations will be complied with, and the occupier must demonstrate this by means of an assessment of two days duration in which animals are slaughtered (using bovine animals under 30 months old unless the slaughterhouse is operating for the purposes of Commission Regulation (EC) No 716/96 adopting exceptional support measures for the beef market in the United Kingdom[41]).

    (4) If a bovine animal aged over 30 months is slaughtered for human consumption other than in accordance with the RMOP, the occupier of the slaughterhouse is guilty of an offence.

Retention of products and disposal
     5. —(1) In relation to any sampled bovine animal, the occupier of a slaughterhouse, hide market or tannery must, for the purposes of point 6(3) of Part I of Chapter A of Annex III to the Community TSE Regulation and pending receipt of the test result, either–

(a) retain all carcases and all parts of the body (including the blood and the hide) that will have to be disposed of in the event of a positive result; or

(b) dispose of them in accordance with sub-paragraph (2).

    (2) For the purposes of points 6(4) and 6(5) of that Part, if a positive result is received for a sampled animal, he or she must immediately dispose of–

(a) the carcase and all parts of the body of that animal (including the blood and the hide); and

(b) unless a derogation has been granted under point 6(6) of that Part, the carcase and all parts of the body (including the blood and the hide) of the animal immediately preceding that animal on the slaughter line and the two animals immediately following it,

in accordance with point 6(4) of that Part.

    (3) If no sample has been sent to an approved testing laboratory for testing in accordance with paragraph 3 of this Schedule, or if a no-test result is received, in respect of an animal required to be tested under this Schedule, the occupier must immediately dispose of–

(a) the carcase and all parts of the body (including the blood and the hide) of that animal; and

(b) unless a derogation has been granted under point 6(6) of Part I of Chapter A of Annex III to the Community TSE Regulation, the carcase and all parts of the body (including the blood but not the hide) of the animal immediately preceding that animal on the slaughter line and the two animals immediately following it,

in accordance with point 6(4) of that Part; and for the purposes of this sub-paragraph "no-test result" means a sample that an approved testing laboratory has certified cannot be tested for any reason.

    (4) The National Assembly may grant in writing a derogation under point 6(6) of Part I of Chapter A of Annex III to the Community TSE Regulation if it is satisfied that there is a system in place that prevents contamination between carcases.

    (5) In relation to any sampled sheep or goat, the occupier of a slaughterhouse, hide market or tannery must–

(a) for the purposes of point 7(3) of Part II of Chapter A of Annex III to the Community TSE Regulation, retain the carcase and all parts of the body (including the blood and the hide) pending receipt of the test result; and

(b) in the event of a positive result, immediately dispose of the carcase and all parts of the body (including the blood and the hide) in accordance with point 7(4) of that Part.

    (6) In 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 Meat and Livestock Commission.

    (7) Any person who fails to comply with sub-paragraphs (1) to (3) or (5) is guilty of an offence.

Compensation
     6. —(1) If an animal slaughtered for human consumption tests positive, the National Assembly must pay compensation for the carcase and all parts of the body (including the blood and the hide) of–

(a) that animal; and,

(b) if they are destroyed because of that positive result, the animal immediately preceding it on the slaughter line and the two animals immediately following it.

    (2) In the case of an animal for which a no-test result (as described in paragraph 5(3)) is received the National Assembly must inform the owner in writing whether it intends to pay compensation for–

(a) the carcase and all parts of the body (including the blood and the hide) of that animal; and

(b) if they are destroyed because of that no-test result, the carcase and all parts of the body (including the blood but not the hide) of the animal immediately preceding it on the slaughter line and the two animals immediately following it,

giving the reasons, and the appeals procedure in regulation 14 applies.

    (3) The compensation is the market value, established either by agreement or under the procedure in regulation 15, with the fee for nominating the valuer and the valuer' s fee paid by the occupier.

    (4) Compensation is not payable in any other case.

Brain stem sampling
     8. —(1) The RMOP must show that there are –

(a) sufficient staff trained and competent in the taking, labelling, packaging and dispatch of brain stem samples;

(b) hygienic facilities for sampling; and

(c) sampling procedures that do not jeopardise the hygienic production of meat intended for human consumption.

    (2) It must describe how health and safety guidelines designed to minimise the risk of exposure of staff to BSE during brain stem sampling and packaging will be complied with.

Correlation of sample to carcase and all other parts of the body
     9. The RMOP must describe the system linking the brain stem sample of each bovine animal over 30 months of age to the carcase of that animal and all parts of the body of that animal (including the blood and the hide).

Retention of carcases
     10. —(1) The RMOP must describe the system that ensures that all carcases retained in accordance with paragraph 5(1) of this Schedule are retained in slaughter order either in a sealed or locked chiller or on a sealed or locked rail in an unsealed chiller pending the receipt of the test result.

    (2) It must describe how the occupier will ensure that there is suitable and sufficient chiller space for retaining carcases for the purposes of this Schedule.

Retention of parts of the body
     11. The RMOP must describe the system that ensures that all parts of the body (including the blood and the hide) are retained in accordance with paragraph 5(1) of this Schedule.

Disposal before receipt of the result
     12. The RMOP must describe the disposal route for all carcases and all parts of the body (including the blood and the hide) retained pending receipt of a test result but disposed of before the test result is received.

Other measures following sampling
     13. The RMOP must describe the systems in place that ensure that–

(a) brain stem samples are packaged in accordance with packaging instructions P650 of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1st January 2005)[42];

(b) test results are received, either by fax or by other electronic means; and

(c) following a positive or a no-test result (as described in paragraph 5(3)), everything required to be disposed of in accordance with point 6(4) or 6(5) of Part I of Chapter A of Annex III to the Community TSE Regulation or under this Schedule is identified and disposed of accordingly.

Removal of vertebral column
     14. The RMOP must describe the system that ensures that, in the case of a bovine animal for which a negative test result has been received–

(a) those parts of the vertebral column that are specified risk material are not removed in the slaughterhouse; and

(b) the meat containing that specified risk material is consigned to a cutting plant authorised under paragraph 11 of Schedule 6 to remove it.

    (2) He or she must restrict the movement of other bovine animals from the holding in accordance with the second and fourth paragraphs of Article 12(1) of the Community TSE Regulation and Article 2(1)(a) of Commission Decision 2005/598/EC.

    (3) In accordance with Article 12(3) of the Community TSE Regulation, if the animal is killed on the holding, it is an offence to remove the body from that holding except in accordance with a written direction from an inspector.

    (4) If the animal is not killed immediately, its keeper must dispose of its milk in such a way that it cannot be consumed by humans or animals except its own calf or animals kept for research purposes, and failure to comply with this sub-paragraph is an offence.

Identification and restriction of offspring and cohorts
     4. —(1) In accordance with Articles 12(1) and 13(2) of the Community TSE Regulation, if–

(a) a veterinary inspector suspects that a bovine animal is affected with BSE;

(b) the monitoring of carcases under Schedule 2 or under Annex III to the Community TSE Regulation confirms that an animal is suspected of being affected with BSE; or

(c) the competent authority of another part of the United Kingdom or another member State notifies the National Assembly that a bovine animal is suspected of being affected with BSE,

an inspector must identify–

(i) (if the suspect animal is female) all its offspring born within two years prior to, or after clinical onset of the disease; and

(ii) all its bovine cohorts born on or after 1 August 1996,



and for these purposes the animal' s date of birth is the one shown on its cattle passport.

    (2) An inspector must serve notices prohibiting movement of those animals from the holding on which they are kept or where he or she suspects they may be kept (whether or not this is the same holding as that of the suspect animal) and remove their cattle passports.

    (3) If he or she cannot immediately identify the animals in sub-paragraph (1) an inspector must prohibit the movement of all bovine animals from the holding pending identification.

    (4) Movements of restricted animals are only permitted in accordance with regulation 20.

Action following confirmation
     5. —(1) In accordance with Article 13(1)(c) of, and point 2 of Annex VII to, the Community TSE Regulation, if it is confirmed that the suspect animal was affected with BSE an inspector must–

(a) if the animal is female, kill all its offspring born within two years prior to, or after clinical onset of the disease; and

(b) in all cases, kill all the bovine animals in its cohort born on or after 1 August 1996 except where–


(i) he or she is satisfied that the animal did not have access to the same feed as the affected animal; or

(ii) the animal is a bull that is kept at, and will not be removed from, a semen collection centre, but it is an offence to remove the animal from the centre except to be killed, and when it is killed the owner commits an offence unless he or she ensures that the carcase is completely destroyed.

    (2) If the animal is not killed on the holding, an inspector must ensure that its passport is stamped "Not for human consumption" and must direct the owner in writing to consign it to other premises for killing as specified in the direction.

    (3) If the test is negative he or she must remove all restrictions imposed because of the suspect animal and return the cattle passports.

    (4) When an animal is killed under this regulation, it is an offence to remove the carcase from the premises on which it was killed except in accordance with a written direction from an inspector.

Death while under restriction
     6. If any animal dies or is killed while it is under restriction for any reason under this Schedule, the owner must immediately notify the National Assembly, and retain the body on the premises until he or she is directed in writing to move or dispose of it by an inspector, and it is an offence not to comply with this paragraph or to fail to comply with a direction under it.

Placing on the market of bovine progeny
     7. Any person who places on the market any bovine animal in contravention of Article 15(2) of the Community TSE Regulation and Chapter B of Annex VIII to that Regulation is guilty of an offence.

    (2) In accordance with Article 12(3) of the Community TSE Regulation, if the animal is killed on the holding, it is an offence to remove the body from the holding except in accordance with a written direction from an inspector.

Movement restrictions
     4. —(1) For the purposes of point 3 of Annex VII to the Community TSE Regulation, and Article 12(1) of that Regulation, following suspicion of a TSE (whether in a live animal or through the monitoring under Annex III to the Community TSE Regulation), an inspector–

(a) must serve a notice–


(i) prohibiting the movement on to or from its holding of any sheep or goat on the same holding as the suspect animal if he or she considers that the animal was exposed to a TSE on that holding; or

(ii) if the animal came from another holding, and he or she considers that the animal may have been exposed to a TSE on that holding, may serve such a notice either on that holding and on the same holding as the suspect animal, or only the holding of exposure; and



(b) must serve a notice prohibiting movement on to or from a holding where an animal specified in point 1(b) of Annex VII to the Community TSE Regulation is kept or where he suspects such an animal is kept.

    (2) Movements of restricted animals are only permitted in accordance with regulation 20.

Action where TSE is not confirmed
     5. If it is confirmed that the animal was not affected with a TSE, the inspector must remove all restrictions imposed because of the suspect animal.

Confirmation of TSE in sheep
     6. —(1) If it is confirmed that a suspect sheep, or a body of a sheep monitored under Annex III to the Community TSE Regulation, is affected with a TSE, the National Assembly, after–

(a) carrying out the inquiry specified in Article 13(1)(b) of the Community TSE Regulation and in point 1(b) of Annex VII to that Regulation; and

(b) sampling the animals to establish their genotype (if this is necessary),

must decide which of the options set out in points 2(b)(i) and (ii) of Annex VII to the Community TSE Regulation it intends to exercise.

    (2) It must then serve a notice on the occupier of the holding informing him or her of which of the options in those paragraphs it intends to exercise.

    (3) The notice must specify–

(a) the identity of the animals to be killed and destroyed;

(b) the identity of the animals (if any) to be slaughtered for human consumption;

(c) the identity of the animals (if any) that may be retained;

(d) the identity of any ovum or embryo to be destroyed;

(e) the time limit for complying with the notice; and

(f) the right to apply for a derogation in accordance with paragraph 22(2).

    (4) The appeals procedure in regulation 14 applies.

Confirmation of TSE in goats
     7. —(1) If it is confirmed that a suspect goat, or a body of a goat monitored under Annex III to the Community TSE Regulation, is affected with TSE, the National Assembly, after carrying out the inquiry specified in Article 13(1)(b) of that Regulation and in point 1(b) of Annex VII to that Regulation, must serve a notice on the occupier of the holding informing him or her that it intends to kill and destroy all the goats on the holding and all embryos and ova from those animals in accordance with Article 13(1)(c) of, and point 2(b)(i) of Annex VII to that Regulation.

    (2) The appeals procedure in regulation 14 applies.

Confirmation of BSE in sheep or goats
     8. —(1) If BSE is confirmed in a sheep or goat on a holding, the National Assembly, after carrying out the inquiry specified in Article 13(1)(b) of the Community TSE Regulation and point 1 of Annex VII to that Regulation, must serve a notice on the occupier of the holding informing him or her of its intention to kill and destroy the animals, embryos and ova in accordance with Article 13(1)(c) of, and point 2(c) of Annex VII to that Regulation.

    (2) The appeals procedure in regulation 14 applies.

Time for appeals
     9. The National Assembly must not kill any sheep or goat, or destroy any ovum or embryo, under this Schedule until–

(a) it has received written notification from the person on whom the notice is served that that person has no intention to proceed with an appeal;

(b) after the 21 day period for appeal under regulation 14 is completed; or

(c) if there is an appeal, the appeal is determined or withdrawn.

Killing and destruction following confirmation
     10. —(1) An inspector must ensure that all the animals specified for killing in the notice in paragraphs 6(2), 7 or 8 are killed and that all the ova and embryos specified for destruction in the notice are destroyed.

    (2) If an animal is not killed on the holding, an inspector must direct the owner in writing to consign it to other premises for killing as specified in the direction.

    (3) When an animal has been killed under this paragraph, it is an offence to remove the body from the premises on which it was killed except in accordance with a written direction from an inspector.

Infected animals from another holding
     11. For the purposes of point 2(b)(iii) of Annex VII to the Community TSE Regulation, if the infected animal was introduced from another holding, the National Assembly may act in accordance with this Schedule in relation to the holding of origin in addition to, or instead of, the holding on which infection was confirmed.

Common grazing
     12. In the case of infected animals on common grazing, the National Assembly may limit a notice under paragraphs 6(2) or 7(1) to an individual flock in accordance with point 2(b)(iii) of Annex VII to the Community TSE Regulation.

Multiple flocks on a holding
     13. Where more than one flock is kept on a single holding, the National Assembly may limit a notice under paragraphs 6(2) or 7(1) to an individual flock in accordance with point 2(b)(iii) of Annex VII to the Community TSE Regulation.

Subsequent occupiers
     14. If there is a change in occupation of the holding, the previous occupier must ensure that the subsequent occupier is made aware of the existence and contents of any notice served under this Schedule, and failure to do so is an offence.

Introduction of animals on to a holding
     15. Any person who introduces an animal on to a holding in contravention of point 4 of Annex VII to the Community TSE Regulation is guilty of an offence.

Use of ovine germinal products
     16. Any person who uses ovine germinal products in contravention of point 5 of Annex VII to the Community TSE Regulation is guilty of an offence.

Movement of animals from a holding
     17. Any person who moves an animal from a holding in contravention of point 7 of Annex VII to the Community TSE Regulation is guilty of an offence.

Time of movement restrictions
     18. For the purposes of point 8 of Annex VII to the Community TSE Regulation the relevant dates must be established by the National Assembly giving written notification of those dates to the occupier of the holding.

Death while under restriction
     19. If any animal aged 18 months or over dies or is killed while it is under restriction for any reason under this Schedule or Annex VII to the Community TSE Regulation, the owner must immediately notify the National Assembly, and retain the body on the premises until he or she is directed in writing to move or dispose of it by the National Assembly, and it is an offence not to comply with this paragraph or to fail to comply with a direction under it.

Placing on the market of progeny of BSE affected sheep and goats
     20. Any person who places on the market any BSE affected sheep or goat in contravention of Article 15(2) of the Community TSE Regulation and Chapter B of Annex VIII to that Regulation is guilty of an offence.

Notification while the holding is under restriction
     21. —(1) For the purposes of point 8(d) of Annex VII to the Community TSE Regulation, for the period that the holding is under restriction in accordance with point 8 of that Annex, if the owner intends to consign a sheep aged 18 months or more for slaughter for human consumption, he or she must notify the National Assembly at least four weeks before consignment.

    (2) He or she must not consign a sheep aged 18 months or more for killing or slaughter for human consumption except under a written direction from the National Assembly, and must do so in accordance with that direction.

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

Derogations
     22. —(1) The National Assembly must not exercise the option permitted under point 7(c) of Annex VII to the Community TSE Regulation.

    (2) The occupier of a holding may apply to the National Assembly asking it to exercise one or both of the options permitted under point 9 of that Annex.

    (3) An application under this paragraph must be in writing and must set out in full the reasons for the application.

    (4) The National Assembly must give the applicant its decision in writing, which must state that it either–

(a) consents to the application;

(b) consents in part to the application; or

(c) refuses the application.

    (5) Unless the National Assembly consents to the application in full, the appeals procedure in regulation 14 applies.

Prohibition on feeding animal protein to non-ruminants
     2. —(1) For the purposes of Article 7(2) of, and point (a) of Part I of Annex IV to, the Community TSE Regulation it is an offence to–

(a) feed to any pig, poultry, horse or any farmed non-ruminant animal;

(b) supply for feeding to any such animal; or

(c) allow any such animal to have access to, anything in relation to which this paragraph applies.

    (2) Subject to sub-paragraph (3), the prohibition in sub-paragraph (1) applies in relation to–

(a) processed animal protein;

(b) gelatine of ruminant origin;

(c) blood products;

(d) hydrolysed protein;

(e) dicalcium phosphate and tricalcium phosphate of animal origin; and

(f) petfood containing animal protein.

    (3) The prohibition in sub-paragraph (1) does not apply in relation to–

(a) the protein specified in point A(a) of Part II of Annex IV to the Community TSE Regulation;

(b) fishmeal (and feedingstuffs containing it) that has been produced, labelled, transported and stored in accordance with point B of that Part;

(c) dicalcium phosphate and tricalcium phosphate (and feedingstuffs containing them) that have been produced, labelled, transported and stored in accordance with point C of that Part;

(d) blood products derived from non-ruminants (and feedingstuffs containing them) that have been produced, labelled, transported and stored in accordance with point D of that Part;

(e) in the case of feeding to fish, blood meal derived from non-ruminants (and feedingstuffs containing it) that has been produced, labelled, transported and stored in accordance with point D of that Part; and

(f) tuber and root crops (and feedingstuffs containing such products) in which bone spicules have been detected if authorised by the National Assembly following a risk assessment in accordance with point A(d) of that Part.

    (4) In this paragraph "protein" includes any feedingstuffs containing animal protein.

    (5) It is an offence to bring on to any premises where any animals specified in sub-paragraph (1) are kept anything prohibited by this paragraph, or to possess it on such premises other than–

(a) food intended for human consumption;

(b) in accordance with paragraph 3; or

(c) where authorised by an inspector and suitable measures are in place to ensure that animals specified in sub-paragraph (1) do not have access to it.

Exceptions
     3. Paragraphs 1(2) and 2(5) do not apply in relation to anything incorporated into–

(a) petfood for feeding to pets (including working dogs) on those premises;

(b) organic fertiliser or soil improver produced and used in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption[43]and the Animal By-Products Regulations 2003[44] and paragraph 18,

provided that–

(a) it is not fed to any farmed animals;

(b) it is not stored or handled in parts of the premises to which –


(i) farmed animals have access; or

(ii) feedingstuffs for farmed animals are stored or handled;



(c) it does not come into contact with–



(i) feedingstuffs permitted to be fed to farmed animals; or

(ii) handling equipment used in connection with any such feedingstuffs; and



(d) farmed animals never have access to petfood, and do not have access to organic fertiliser or soil improver until it has been applied to the land and the no-grazing period specified in regulation 11 of the Animal By-Products Regulations 2003 has expired.

Movement prohibitions and restrictions of animals
     4. Where an inspector has reasonable grounds to believe that a TSE susceptible animal has been fed or has had access to–

(a) specified risk material;

(b) any material which 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 or the TSE infectivity risk,

he or she may serve a notice on the owner or person in charge of the animal prohibiting or restricting the movement of the animal from the premises described in the notice.

Slaughter of animals
     5. —(1) Where an inspector has reasonable grounds to believe that a TSE susceptible animal has been fed or has had access to any material referred to in paragraph 4, he or she may serve a notice on the owner or person in charge of the animal in accordance with this paragraph.

    (2) The notice may either–

(a) require the owner or person in charge of the animal to kill it and dispose of it as specified in the notice; or

(b) require the owner or person in charge of the animal to keep it on such premises and in such manner as the notice provides, in which case the inspector must ensure that the cattle passport is stamped with the words "Not for human consumption".

Compensation
     6. —(1) Where an animal is killed under paragraph 5, the National Assembly may pay compensation if it considers it appropriate in all the circumstances and must give its decision on whether or not to pay compensation in writing.

    (2) The compensation is the market value of the animal at the time it is killed, established either by agreement or in accordance with the procedure in regulation 15, with the fee for nominating the valuer and the valuers' fee paid by the owner.

    (3) The appeals procedure in regulation 14 applies in relation to its decision.

Slaughter or sale for human consumption
     7. It is an offence to consign for slaughter for human consumption or to slaughter for human consumption any TSE susceptible animal the passport for which has been stamped under paragraph 5.

    (3) Any person packaging the feedingstuffs must label them in accordance with point B(d) of that Part, and any documentation accompanying the feedingstuffs must be in accordance with that point.

    (4) Any person transporting the feedingstuffs in bulk must do so in accordance with the first sentence of point B(e) of that Part.

    (5) Any person using a vehicle previously used to transport such feedingstuffs to transport feedingstuffs for ruminants must comply with the second sentence of point B(e) of that Part.

    (6) The occupier of any farm where ruminants are kept must comply with the first paragraph of point B(f) of that Part unless the National Assembly is satisfied that the provisions of the second paragraph of that point are complied with and has registered the farm under that paragraph.

Offences relating to fishmeal and feedingstuffs containing fishmeal
     9. —(1) Failure to comply with paragraph 8 is an offence.

    (2) It is an offence for a home compounder registered under paragraph 8(2)(b) to–

(a) keep ruminant animals;

(b) consign feedingstuffs containing fishmeal (whether complete or partly complete) produced by the home compounder from the home compounder' s holding; or

(c) use feedingstuffs containing fishmeal with a crude protein content of 50% or more in the production of complete feedingstuffs.

    (3) It is an offence for any person producing feedingstuffs in accordance with point B(c)(ii) of Part II of Annex IV to the Community TSE Regulation to–

(a) fail to ensure that feedingstuffs destined for ruminants are kept in separate facilities in accordance with the first indent of that point;

(b) fail to ensure that feedingstuffs destined for ruminants are manufactured in accordance with the second indent; or

(c) fail to make and keep a record in accordance with the third indent.

Feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to non-ruminant animals
     10. —(1) Any person producing feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to non-ruminant farmed animals must do so–

(a) in accordance with point C(a) of Part II of Annex IV to the Community TSE Regulation, in an establishment authorised by the National Assembly for the purposes of that point;

(b) in accordance with point C(a)(i) of that Part, for home compounders registered by the National Assembly for the purposes of that point; or

(c) in accordance with point C(a)(ii) of that Part in an establishment authorised by the National Assembly for the purposes of that point.

    (2) Any person packaging the feedingstuffs must label them in accordance with point C(b) of that Part, and any documentation accompanying the feedingstuffs must be in accordance with that point.

    (3) Any person transporting those feedingstuffs in bulk must do so in accordance with point C(c) of that Part.

    (4) Any person using a vehicle previously used to transport such feedingstuffs to transport feedingstuffs for ruminants must comply with the second sentence of point C(c) of that Part.

    (5) The occupier of any farm where ruminants are kept must comply with the first paragraph of point C(d) of that Part unless the National Assembly is satisfied that the provisions of the second paragraph of that point are complied with and has registered the farm under that paragraph.

Offences relating to feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to non-ruminant animals
     11. —(1) Failure to comply with paragraph 10 is an offence.

    (2) It is an offence for a home compounder registered under paragraph 10(1)(b) to–

(a) keep ruminants;

(b) consign feedingstuffs containing dicalcium phosphate or tricalcium phosphate (whether complete or partly complete) from his or her holding; or

(c) use feedingstuffs containing dicalcium phosphate or tricalcium phosphate with a phosphorus content of 10% or more in the production of complete feedingstuffs.

    (3) It is an offence for any person producing feedingstuffs in accordance with point C(a)(ii) of Part II of Annex IV to the Community TSE Regulation to–

(a) fail to ensure that feedingstuffs destined for ruminants are manufactured in accordance with the first indent of that point;

(b) fail to ensure that they are kept in separate facilities in accordance with the second indent; or

(c) fail to make and keep a record in accordance with the third indent.

Blood products and blood meal
     12. —(1) Any person who produces–

(a) blood products, or feedingstuffs containing blood products, intended for feeding to non-ruminant farmed animals; or

(b) blood meal, or feedingstuffs containing blood meal, intended for feeding to fish,

must ensure that the blood comes from a slaughterhouse that is registered with the National Assembly for the purposes of point D(a) of Part II of Annex IV to the Community TSE Regulation and that either–

(i) is not used to slaughter ruminants; or

(ii) has in place a control system in accordance with the second paragraph of point D(a) of that Part to ensure that ruminant blood is kept separate from non-ruminant blood and has been authorised for the purpose by the National Assembly.

    (2) The occupier of the slaughterhouse must consign the blood in accordance with point D(a) of Part II of Annex IV to the Community TSE Regulation, and any transporter must transport it in accordance with that point.

    (3) Any person producing blood products or blood meal must do so in accordance with either the first or the second paragraph of point D(b) of that Part.

    (4) Any person producing feedingstuffs containing blood products or blood meal must do so–

(a) in accordance with point D(c) of that Part, in an establishment authorised by the National Assembly for the purposes of that point;

(b) in accordance with point D(c)(i) of that Part, as a home compounder registered by the National Assembly for the purposes of that point; or

(c) in accordance with point D(c)(ii) of that Part, in an establishment authorised by the National Assembly for the purposes of that point.

    (5) Any person packaging the feedingstuffs must label them in accordance with point D(d) of that Part, and any documentation accompanying the feedingstuffs must be in accordance with that point.

    (6) Any person transporting the feedingstuffs in bulk must do so in accordance with point D(e) of that Part.

    (7) Any person using a vehicle previously used to transport such feedingstuffs to transport feedingstuffs for ruminants must comply with the second sentence of point D(e) of that Part.

    (8) The occupier of any farm where ruminants are kept must comply with the first paragraph of point D(f) of that Part unless the National Assembly is satisfied that the provisions of the second paragraph of that point are complied with and has registered the farm under that paragraph.

Offences relating to feedingstuffs containing blood products or blood meal
     13. —(1) Failure to comply with paragraph 12 is an offence.

    (2) It is an offence for any person collecting blood in accordance with the second paragraph of point D(a) of Part II of Annex IV to the Community TSE Regulation to fail to–

(a) slaughter animals in accordance with the first indent of that paragraph;

(b) collect, store, transport or package blood in accordance with the second indent of that paragraph; or

(c) regularly sample and analyse blood in accordance with the third indent of that paragraph.

    (3) It is an offence for any person producing blood products or blood meal in accordance with the second paragraph of point D(b) of that Part to fail to–

(a) ensure that the blood is processed in accordance with the first indent of that paragraph;

(b) keep raw material and finished product in accordance with the second indent of that paragraph; or

(c) sample in accordance with the third indent of that paragraph.

    (4) It is an offence for any person producing feedingstuffs in accordance with point D(c)(ii) of Part II of Annex IV to the Community TSE Regulation to–

(a) fail to ensure that feedingstuffs are manufactured in accordance with the first indent of that point;

(b) fail to ensure that they are kept in separate facilities in accordance with the second indent; or

(c) fail to make and keep a record in accordance with the third indent.

    (5) It is an offence for a home compounder registered under paragraph 12(4)(b) to–

(a) keep ruminant animals where blood products are used;

(b) keep animals other than fish where blood meal is used;

(c) consign feedingstuffs containing blood products or blood meal (whether complete or partly complete) from his or her holding; or

(d) use feedingstuffs containing blood products or blood meal with a total protein content of 50% or more in the production of complete feedingstuffs.

Change in use of equipment
     14. It is an offence to use equipment used to produce feedingstuffs for non-ruminant animals under paragraphs 8, 10 or 12, for the production of feedingstuffs for ruminant animals, unless authorised in writing by an inspector.

Conditions applying to the storage and transport of bulk quantities of protein products and feedingstuffs containing such proteins
     15. —(1) It is an offence to store or transport–

(a) bulk processed animal protein (other than fishmeal); or

(b) bulk products, including feedingstuffs, organic fertilisers, and soil improvers containing such proteins,

except in accordance with point C(a) of Part III of Annex IV to the Community TSE Regulation.

    (2) It is an offence to store or transport bulk fishmeal, dicalcium phosphate, tricalcium phosphate, blood products of non-ruminant origin or blood meal of non-ruminant origin, except in accordance with point C(b) and C(c) of Part III of Annex IV to the Community TSE Regulation.

    (3) In addition to the requirements of sub-paragraphs (1) and (2), it is an offence to transport bulk processed animal protein or any of the materials specified in sub-paragraph (2) unless the transporter is registered with the National Assembly for that purpose.

Conditions applying to the manufacture and transport of petfood or feedingstuffs
     16. —(1) It is an offence to manufacture, store, transport or package petfood that contains blood products of ruminant origin or processed animal protein, other than fishmeal, except in accordance with point D of Part III of Annex IV to the Community TSE Regulation.

    (2) It is an offence to manufacture or transport petfood containing dicalcium or tricalcium phosphate or blood products of non-ruminant origin except in accordance with point D of that Part.

Export of processed animal protein to third countries
     17. —(1) In accordance with point E(1) of Part III of Annex IV to the Community TSE Regulation it is an offence to export processed animal protein derived from ruminants, and anything containing it.

    (2) It is an offence to export processed animal protein derived from non-ruminants (and anything containing it) except in accordance with point E(2) of that Part and an agreement in writing between the National Assembly and the competent authority of the third country.

Fertilisers
     18. —(1) It is an offence to sell or supply for use as a fertiliser on agricultural land, or to possess with the intention of such sale or supply, any–

(a) mammalian protein (other than ash) derived from animal by-products classified as Category 2 material in Regulation (EC) No 1774/2002; or

(b) ash derived from the incineration of animal by-products classified as Category 1 material in that Regulation.

    (2) It is an offence to use anything prohibited in sub-paragraph (1) on agricultural land as a fertiliser.

    (3) In this paragraph–

(a) "agricultural land"means land used or capable of use for the purposes of a trade or business in connection with agriculture; and

(b) "agriculture"includes fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, the use of land for woodland, and horticulture (except the propagation of plants and the growing of plants within greenhouses, glass structures or plastic structures).

Record keeping for transport etc. of reject petfood
     19. —(1) Any person who supplies, transports or receives any petfood containing animal protein that is not intended for use as petfood must record–

(i) the name of the manufacturer;

(ii) the date of supply and receipt;

(iii) the premises of origin and destination;



(iv) the quantity of petfood; and

(v) the nature of the animal protein contained in the petfood.

    (2) He or she must keep those records for 2 years.

    (3) The consignor must ensure that the petfood is labelled with the information referred to in sub-paragraph (1) or is accompanied by documentation that contains that information.

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

Cross-contamination of materials originating from premises where processed animal proteins (except fishmeal) are in use
     20. It is an offence to supply an ingredient of a feedingstuff if that ingredient is produced on premises where any processed animal protein (except fishmeal) is used in any manufacturing process unless the label or accompanying documentation indicates this.