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The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, acting jointly in the exercise of the powers conferred on them by that section, hereby make the following Regulations: - Title, commencement and extent 1. These Regulations may be cited as the Bovines and Bovine Products (Despatch Prohibition and Production Restriction) Regulations 1997, shall come into force at 6.00 p.m. on 1st August 1997 and shall extend to Great Britain. Interpretation 2. - (1) In these Regulations, unless the context otherwise requires -
(b) an amino acid; (c) a peptide; (d) tallow; or (e) a product derived, by hydrolysis at a temperature of at least 250°C, from tallow (other than tallow produced in accordance with regulation 4(1) below),
produced in the United Kingdom from any part of a bovine animal and which is -
(ii) destined for use in cosmetic, medical or pharmaceutical products;
(b) a person appointed as such by a local authority in relation to its enforcement responsibilities under these Regulations; and (c) any veterinary surgeon appointed under regulation 3(4)(b) or 4(4)(b) below,
and includes a veterinary inspector appointed as such by the Minister;
(ii) where there is a Port Health Authority, that authority in addition to the authority specified in paragraph (i) above; (iii) as respects the City of London, the Common Council; and (iv) as respects the Isles of Scilly, the Council of the Isles of Scilly;
(b) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[5]; and
(ii) where there is a Port Health Authority, that authority in addition to the authority specified in paragraph (i) above;
(b) any meat product for human consumption; (c) any meat preparation for human consumption; or (d) food for domestic carnivores,
obtained from a bovine animal which was not slaughtered in the United Kingdom;
(2) Expressions in these Regulations which are not defined in paragraph (1) above and which appear in Article 1(1) of Commission Decision 96/239/EC have the same meaning in these Regulations as in that Decision.
(b) meat derived from a bovine animal slaughtered in the United Kingdom; (c) product obtained from a bovine animal slaughtered in the United Kingdom which -
(ii) is liable to enter the animal feed chain; (iii) is destined for use in cosmetic products; or (iv) is destined for use in medical or pharmaceutical products,
with the exception of a controlled bovine by-product manufactured in accordance with regulation 4(1)(a) or a controlled bovine by-product manufactured in accordance with regulation 4(1)(b) in respect of which the Commission has set the date referred to in article 1(c)(3) of Commission Decision 96/239/EC; or
(2) No person shall bring to any place in Great Britain for the purpose of despatch to another member State or a third country, or consign for the purpose of such despatch, any -
(b) meat derived from a bovine animal slaughtered in the United Kingdom; (c) product obtained from a bovine animal slaughtered in the United Kingdom which -
(ii) is liable to enter the animal feed chain; (iii) is destined for use in cosmetic products; or (iv) is destined for use in medical or pharmaceutical products,
with the exception of a controlled bovine by-product manufactured in accordance with regulation 4(1)(a) or a controlled bovine by-product manufactured in accordance with regulation 4(1)(b) in respect of which the Commission has set the date referred to in article 1(c)(3) of Commission Decision 96/239/EC; or
(3) No person shall despatch from Great Britain to another member State or a third country any controlled bovine by-product produced in an establishment registered under regulation 4(3) below unless it is accompanied by a health certificate issued by a veterinary inspector specifying that it was produced in compliance with the conditions specified in the Annex to Commission Decision 96/239/EC.
(ii) (in the case of a stage or production taking place in Northern Ireland) under Northern Ireland legislation having equivalent effect to these Regulations;
(b) each stage of the production of those goods was under the control of a veterinary surgeon appointed by either of the Ministers;
Production of controlled bovine by-products
(b) in accordance with paragraphs (4) and (5) below in an establishment registered by the Minister for the production of by-products of that type under paragraph (3) below.
(2) The Minister shall register an establishment for the purposes of this regulation and in respect of the type of controlled bovine by-products named in the registration where, following an inspection of that establishment by a veterinary inspector, he is satisfied that no material derived from bovine animals slaughtered in the United Kingdom is used in the production of controlled bovine by-products there.
(b) he is satisfied that no vertebral column derived from any bovine animal is used there in the production of such by-products; and (c) in the case of a registration in respect of gelatin, the Commission of the European Communities has set the date referred to in Article 1(c)(3) of Commission Decision 96/239/EC in respect of gelatin.
(4) Controlled bovine by-products produced from bovine animals slaughtered in the United Kingdom shall be produced -
(b) under the control of a veterinary surgeon appointed by the Minister,
and no vertebral column derived from any bovine animal shall be used in such production.
(b) the method by which it was produced,
shall be clearly indicated, either by means of a label affixed to the by-product, or on its packaging or in commercial documentation accompanying it.
(b) any other material is contained in an impervious container which is clearly labelled as not containing bovine vertebral column.
Use of controlled bovine by-products
(b) destined for use as or in any cosmetic, medical or pharmaceutical product,
unless he ensures that that by-product was produced -
(ii) (in the case of a controlled bovine by-product produced in Northern Ireland) in accordance with Northern Ireland legislation having equivalent effect to these Regulations; (iii) (in the case of gelatin produced before 24th December 1996 from bovine animals slaughtered outside the United Kingdom) in an establishment which complied with the conditions for registration under regulation 4(2) above at the time of manufacture and which has subsequently been registered in accordance with it; or (iv) (in the case of a controlled bovine by-product, other than gelatin, produced before 15th March 1997 from bovine animals slaughtered outside the United Kingdom) in an establishment which complied with the conditions for registration under regulation 4 above at the time of manufacture and which has subsequently been registered in accordance with it.
Approval of establishments for the purpose of despatch of relevant goods
(b) the issue of a health certificate under regulation 3(3) or 3(4)(c) above; and (c) the approval of an establishment pursuant to regulation 7 above.
Powers to stop and search vehicles and vessels and detain goods
(b) at, entering or leaving an aerodrome; or (c) at, entering or leaving an approved wharf, transit shed, customs warehouse or free zone,
an officer or an inspector may, for the purposes of the enforcement of these Regulations, stop and search the vehicle.
(b) relevant goods; (c) controlled bovine by-products; or (d) material of a kind described in regulation 5 above,
and which he reasonably suspects may be illegal, he may search that vehicle or vessel..
(b) (in the case of any goods of a kind described in regulation 3(1) or (2) above) they are being brought or consigned for despatch in contravention of regulation 3(1) or (2) above; (c) (in the case of relevant goods) they were produced or despatched in contravention of regulation 3(4) above; (d) (in the case of controlled bovine by-products) they were produced in contravention of regulation 4(1) above; or (e) (in the case of material of a kind described in regulation 5 above) the goods are not in an impervious container clearly labelled in accordance with regulation 5 above.
(6) For the purposes of paragraph (1) above a "port", an "aerodrome", an "approved wharf", "transit shed", "customs warehouse" and "free zone" have the same meanings as they respectively have in the Customs and Excise Management Act 1979[7].
(b) there is on the premises any evidence of any contravention of any provisions of these Regulations; (c) (in the case of premises registered under regulation 4(3) above or approved under regulation 7(1) above) the requirements of that regulation are satisfied; and (d) (in the case of premises from which material derived from bovine animals is consigned to an establishment registered under regulation 4(3) above or approved under regulation 7(1) above) the use of such material for the manufacture of controlled bovine by-products at that establishment is permitted under these Regulations.
(2) If a justice of the peace, on sworn information in writing is satisfied that there is reasonable ground for entry into premises for any such purpose as is mentioned in paragraph (1) above and that either -
(b) an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the justice may by warrant signed by him authorise an inspector to enter the premises, if need be by reasonable force.
(b) relevant goods; (c) controlled bovine by-products; or (d) material of a kind described in regulation 5 above,
is illegal, he may require the person in control of any commercial documentation or health certificate accompanying the consignment to deliver that documentation or certificate and any copies to him on demand.
(b) give notice that it must be removed at the expense of the person who is or appears to be in control of the consignment to some place specified in the notice; or (c) seize it and remove it in order to have it dealt with by a justice of the peace
(3) Where an inspector exercises the power conferred by paragraph (2) above, he shall as soon as is reasonably practicable and in any event within 21 days, determine whether he is satisfied that the consignment is not illegal.
(b) withdraw any notice given pursuant to paragraph (2)(a) above relating to the consignment; and (c) return anything which he has seized and which, in the case of food, is not unfit for human consumption.
(5) Where the inspector is satisfied that the consignment is illegal, he shall inform the person in charge of the consignment of his intention to have it dealt with by a justice of the peace and -
(b) the justice of the peace may, but need not, be a member of the court before which any person is charged with any offence in relation to the consignment.
(6) If it appears to a justice of the peace, on the basis of such evidence as he considers to be appropriate in the circumstances, that a consignment is illegal, he shall, unless he is satisfied that there is no despatch risk in respect of the consignment (or any part of it) if it is returned to the owner, order -
(b) any expenses reasonably incurred in connection with such destruction or disposal and (where the consignment was seized pursuant to paragraph (2)(c) above) in connection with storage prior to destruction, to be defrayed by the owner of the consignment.
(7) Where the justice of the peace is satisfied that there is no despatch risk in respect of a consignment if it is returned to the owner, he shall order the consignment to be returned to the owner.
(b) in the case of a consignment of controlled bovine by-products) the owner will use some or all of those by-products in any product liable to enter the human food chain or animal feed chain or in any cosmetic, medical or pharmaceutical product; or (c) (in the case of material of a kind described in regulation 5 above) the owner will consign some or all of that material to any establishment registered for the purposes of regulation 4 above.
(9) A consignment is "illegal" for the purposes of this regulation if -
(b) (in the case of a consignment of any goods of a kind described in regulation 3(1) or (2) above) it was brought to a place in Great Britain for despatch in contravention of regulation 3(1) or (2) above; (c) (in the case of a consignment of relevant goods) they were produced or despatched in contravention of regulation 3(4) above; (d) (in the case of a consignment of controlled bovine by-products) it was produced in contravention of regulation 4(1) above; or (e) (in the case of a consignment of material of a kind described in regulation 5 above) it was not consigned in an impervious container clearly labelled in accordance with regulation 5 above.
(10) In the application of this regulation to Scotland -
(b) paragraph (5)(b) above shall not apply; and (c) any order made under paragraph (6) above shall be sufficient evidence in any proceedings in relation to these Regulations of the fact that the consignment in question was falsely described.
Sampling and other checks and examinations
(b) examine any record, and any information contained in a computer, which he believes to be relevant to any checks and examinations under these Regulations; (c) seize, detain and require the production of any such record and information which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations; (d) take with him such other person as he considers necessary to carry out any checks and examinations under these Regulations; (e) require any person who is or appears to be in control of any goods of a kind described in regulation 3(1) or (2) above, or any relevant goods or controlled bovine by-products or material of a kind described in regulation 5 above, to arrange , at his own expense, for those goods or products to be removed from any store, vehicle, vessel, container, packing or wrapping; (f) carry out inspections of any process specified in the Annex to Commission Decision 96/239/EC and anything used for the marking and identification of products and materials; and (g) take with him a representative of the European Commission acting for the purposes of Commission Decision 96/239/EC.
Powers of customs officers to detain vehicles and vessels
(b) the receipt or despatch of any other goods of a kind described in regulation 3(1) or (2) above.
(2) If a magistrates' court or, in Scotland, the sheriff is satisfied, on the application of an inspector, that the despatch risk is fulfilled with respect to a consignment on business premises of any goods of a kind described in regulation 3(1) or (2) above, the court or sheriff shall, by an order (a "suspension order"), impose a suspension of the use of the premises for -
(b) the receipt or despatch of any other goods of a kind described in regulation 3(1) or (2) above.
(3) An inspector shall not apply for a suspension order unless, at least one day before the date of the application, he has served notice on the proprietor of the business of his intention to apply for the order.
(b) affix a copy of the notice in a conspicuous position on such premises used for the purpose of that business as the inspector considers appropriate;
and any person who knowingly contravenes such a notice shall be guilty of an offence.
(b) if such an application is so made, on the determination or abandonment of the application.
(7) A suspension notice or suspension order shall cease to have effect on the issue by the Minister of a certificate to the effect that he is satisfied that the proprietor has taken sufficient measures to secure that the despatch risk is no longer fulfilled with respect to the use of the premises for the receipt and despatch of goods.
(b) if he determines that he is not so satisfied, give notice to the proprietor of the business of the reasons for that determination.
(9) Where a suspension notice is served on the proprietor of a business, the Minister shall compensate him in respect of any loss suffered by reason of his complying with the notice unless -
(b) the court declares itself satisfied, on the hearing of the application, that the despatch risk was fulfilled with respect to the business at the time when the notice was served;
and any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.
(b) without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purpose of carrying out his functions under these Regulations; or (c) furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
(2) Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
(b) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both.
(2) A person contravening any other provision of these Regulations shall be guilty of an offence and shall be liable -
(b) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both.
(3) Section 20 of the Food Safety Act 1990[8] shall apply to the commission by any person of an offence under these Regulations, and section 21(1), (5) and (6) of that Act shall apply in any proceedings for an offence under these Regulations as if the references to "any of the preceding provisions of this Part" were references to "these Regulations".
(b) any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(b) in the case of an incorporated body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or (c) in the case of any other person, by leaving it,or sending it in a prepaid letter addressed to him, at his usual or last known address.
(2) Where a notice or other document is to be given or served on the owner, proprietor or occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person to or on whom it should be given or served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of "owner", "proprietor" or "occupier" of the premises (naming them) and -
(b) if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
Revocation of the Bovine Products (Production and Despatch) Regulations 1997 (This note is not part of the Regulations) These Regulations give effect to Commission Decision 96/239/EC on emergency measures to protect against bovine spongiform encephalopathy, as amended by Commission Decision 96/362/EC, in relation to the despatch to third countries and other member States of bovine animals and embryos and meat and other products from bovine animals. Regulation 3 prohibits the despatch from Great Britain to another member State or a third country of - Regulation 3 also prohibits the bringing of any of these goods to any place in Great Britain for the purpose of their despatch to another member State or a third country and it prohibits their consignment for the purpose of any such despatch. The Regulations revoke and replace the Bovine Products (Production and Despatch) Regulations 1997 and make provision for the control of production from bovine animals of gelatin, tallow and related products (regulation 4); for the control of the consignment of material containing bovine vertebral column to establishments approved under the Regulations (regulation 5); for the use of gelatin, tallow and related products (regulation 6); and the despatch to other member States of meat and other products from bovine animals slaughtered outside the United Kingdom (regulation 7). Regulation 8 makes provision for the Minister to charge fees in respect of his costs reasonably incurred in the control exercised under regulation 3(4)(b) and 4(4)(b), for the issue of health certificates under regulation 3(3) and 3(4)(c) and the approval of establishments pursuant to regulation 7. Regulation 9 confers on inspectors and customs officers powers to stop and search vehicles and vessels reasonably suspected of carrying goods the despatch of which to other member States or third countries is prohibited. Regulation 10 provides powers of entry to premises. Regulation 11 provides power to seize goods. It makes provision for the destruction of goods, the despatch of which to other member States or third countries is prohibited, where a justice of the peace is satisfied there is a risk of despatch abroad. Regulation 13 confers power on customs officers to detain vehicles and vessels. Regulation 14 makes provision for suspension notices and orders, suspending the use of business premises for the receipt or despatch of such goods. Regulations 15 to 17 provide offences and penalties. Regulation 18 provides that the Regulations are enforced by the Minister and local authorities, as defined in regulation 2, and regulation 19 makes provision for the service of notices. A Compliance Cost Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (BSE) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF. Notes: [1] S.I. 1972/1811.back [3] OJ No. L 78, 28.3.96, p. 47.back [4] OJ No. L139, 12.6.96, p. 17.back
ISBN 0 11 064829 3
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