Statutory Instruments 1999 No.

Statutory Instruments 1999 No.
The Bovine and Bovine Products (Trade) Regulations 1999 - continued

SCHEDULE 4Regulations 2(1) and 13(3), (4), (5), (10), (11), (12) and (13)

Additional Mark for foreign origin export eligible goods

1. The additional mark for application to meat using a marking instrument shall consist of an elongated hexagonal mark, with two parallel straight sides of 4.5 cm length, 4.5 cm apart and joined by two shorter sides of equal length to form a point at each end, so that the mark is 8.5 cm long from point to point; bearing on the upper part the initials XAP and in the lower part the approval number of the establishment at which the mark is applied, e.g. 31/1, the letters and figures being at least 1.0 centimetre high and, together with the hexagonal mark, legible and indelible.

An example follows:

     2. - (1) The additional mark to be borne on labels to be applied to packaging, other than the additional marks described in paragraphs 3 and 4 below, shall consist of a mark in the form described in paragraph 1 of this Schedule together with the following statement "the contents of this package/box were produced in accordance with Council Decision 98/256/EC"; and each such label shall have a unique sequential serial number.

    (2) Labels bearing the additional mark must be applied in such a way that they are destroyed when the package is opened or the packaging must be constructed so that it may not be re-used once opened.

     3. - (1) The additional mark to be borne on labels to be applied to the wrapper of an individually wrapped product, or the packaging of an individually wrapped and packaged product, intended for supply direct to the final consumer shall, subject to the following provisions of this paragraph, consist of a mark in the form described in paragraph 1 of this Schedule; and each such label shall have a unique sequential serial number.

    (2) The dimensional requirements relating to size described in paragraph 1 above shall not apply and the statement "the contents of this package/box were produced in accordance with Council Decision 98/256/EC" is not required.

    (3) Labels bearing the additional mark must be applied in such a way that it is destroyed when the package is opened or the packaging must be constructed so that it may not be re-used once opened.

     4. - (1) The additional mark to be applied by pre-printing, ink stamping or branding to the wrapper of an individually wrapped product, or the packaging of an individually wrapped and packaged product, intended for supply direct to the final consumer, shall, subject to the following provision of this paragraph, consist of a mark in the form described in paragraph 1 of this Schedule.

    (2) The dimensional requirements relating to size described in paragraph 1 of this Schedule shall not apply, the statement "the contents of this package/box were produced in accordance with Council Decision 98/256/EC" and the sequential serial numbering referred to in paragraphs 2(1) and 3(1) of this Schedule are not required; but the mark must be applied in such a way that it is destroyed when the wrapper or package is opened or the wrapper or packaging must be constructed so that it may not be re-used once opened.

SCHEDULE 5Regulations 2(1), 11(2), (3), (4), (5), (6), (7) and (8) and 13(3), (4), (5), (10), (11), (12) and (13)

Additional Mark for DBES goods, ECHS goods prepared in Great Britain, goods containing any DBES goods or ECHS goods (whether or not prepared in Great Britain), or foreign origin export eligible goods consisting of, or derived from, fresh meat which has been deboned and from which all adherent tissues, including obvious nervous and lymphatic tissues, have been removed

     1. - (1) The additional mark for application to meat using a marking instrument shall consist of an elongated hexagonal mark, with two parallel straight sides of 4.5 cm length, 4.5 cm apart and joined by two shorter sides of equal length to form a point at each end, so that the mark is 8.5 cm long from point to point; bearing on the upper part the initials XEL and in the lower part the approval number of the establishment at which the mark is applied, e.g. 31/1, the letters and figures being at least 1.0 centimetre high and, together with the hexagonal mark, legible and indelible. An example follows:

    (2) The additional mark to be applied to carcases shall consist of a mark in the form described in paragraph 1(1) of this Schedule applied by means of ink or hot brand to each half of the carcase on the external surface of the thigh and the shoulder.

     2. - (1) The additional mark to be borne on labels to be applied to packaging, other than the additional marks described in paragraphs 3 and 4 below, shall consist of a mark in the form described in paragraph 1(1) of this Schedule together with the following statement "the contents of this package/box were produced in accordance with Council Decision 98/256/EC"; and each such label shall have a unique sequential serial number.

    (2) Labels bearing the additional mark must be applied in such a way that they are destroyed when the package is opened or the packaging must be constructed so that it may not be re-used once opened.

     3. - (1) The additional mark to be borne on labels to be applied to the wrapper of an individually wrapped product, or the packaging of an individually wrapped and packaged product, intended for supply direct to the final consumer shall, subject to the following provisions of this paragraph, consist of a mark in the form described in paragraph 1 of this Schedule; and each such label shall have a unique sequential serial number.

    (2) The dimensional requirements relating to size described in paragraph 1(1) above shall not apply and the statement "the contents of this package/box were produced in accordance with Council Decision 98/256/EC" is not required.

    (3) Labels bearing the additional mark must be applied in such a way that it is destroyed when the package is opened or the packaging must be constructed so that it may not be re-used once opened.

     4. - (1) The additional mark to be applied by pre-printing, ink stamping or branding to the wrapper of an individually wrapped product, or the packaging of an individually wrapped and packaged product, intended for supply direct to the final consumer, shall, subject to the following provision of this paragraph, consist of a mark in the form described in paragraph 1 of this Schedule.

    (2) The dimensional requirements relating to size described in paragraph 1(1) of this Schedule shall not apply, the statement "the contents of this package/box were produced in accordance with Council Decision 98/256/EC" and the sequential serial numbering referred to in paragraphs 2(1) and 3(1) of this Schedule are not required; but the mark must be applied in such a way that it is destroyed when the wrapper or package is opened or the wrapper or packaging must be constructed so that it may not be re-used once opened.

SCHEDULE 6Regulations 2(1), 6(4) and (5)(b), 11(6) and (7) and 13(11) and (12)

Official seal

     1. An official seal for purposes of official control under these Regulations shall-

followed by the approval number of the establishment at which or in relation to which the seal will be applied, followed by a unique serial number.

2. The letters and numbers required by paragraph 1(c) above shall be embossed on an official seal, or indelibly applied to it, at the time when the seal is manufactured.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations replace the Bovines and Bovine Products (Trade) Regulations 1998 (S.I. 1998 No. 1135). They give effect in Great Britain to Commission Decisions 98/692/EC (OJ No. L328, 4.12.98, p. 28) and 98/564/EC (OJ No. L273, 9.10.98, p. 37) which amended Council Decision 98/256/EC (OJ No. L113, 15.4.98, p. 32) concerning emergency measures to protect against bovine spongiform encephalopathy in relation to the despatch to third countries and member States of bovine animals and embryos and meat and other products and by-products derived from bovine animals.

Together with equivalent Regulations in Northern Ireland, the Regulations make new provision for derogations from the despatch abroad prohibitions contained in the Council Decision in respect of the United Kingdom meat and products eligible for the Date Based Export Scheme (DBES). The Regulations also continue with the equivalent Northern Ireland Regulations to make provision for the preparation and despatch abroad of meat and products eligible for the Export Certified Herds Scheme (ECHS) and the despatch abroad of meat, products and by-products produced in Great Britain from imported beef. The Regulations continue the existing controls on products and by-products produced from UK-slaughtered bovine animals.

Regulation 2 contains definitions and these include a definition of "additional mark" which has to be applied to goods for despatch abroad. Regulation 3 makes provision in relation to trade in live bovine animals, bovine embryos, mammalian meat and bone meal and related products. Regulation 4 makes provision in relation to trade in meat, products, by-products and materials derived from bovine animals slaughtered in the United Kingdom. Regulation 5 makes provision in relation to trade in meat, products, by-products and materials derived from bovine animals not slaughtered in the United Kingdom.

Regulation 6 makes provision in relation to the production of gelatin and collagen, the consignment of material containing bovine vertebral column to establishments registered under regulation 7, the despatch abroad and consignment and movement for that purpose of imported fresh meat, the consignment of export eligible goods in officially sealed vehicles and the consignment and movement of the imported products and by-products referred to in articles 5 and 8(e) of the Council Decision. Regulation 6(10) prohibits the placing on the market in Great Britain of fresh meat, minced meat, meat preparations, meat products or other products of animal origin which bear, or are labelled or packaged with, an additional mark.

Regulation 7 makes provision for the registration of establishments for the production of controlled bovine by-products and regulation 8 imposes requirements on the operators of these establishments. Regulation 9 makes provision in relation to the use of controlled bovine by-products and other products in the production of products liable to enter the human food or animal feed chains or destined for use in cosmetics, medical or pharmaceutical products.

Regulation 10 provides for the approval of establishments for the slaughter of DBES eligible animals and regulation 11 imposes requirements on the operators of establishments approved under regulation 10. Regulation 12 makes provision for the approval of establishments used for the production of foreign origin export eligible goods, DBES goods and ECHS goods and foreign origin bovine by-products. Regulation 13 imposes requirements on the operators of establishments approved under regulation 12.

Regulation 14 makes provision for the Minister to charge reasonable fees in respect of costs reasonably incurred by him or on his behalf in connection with the issue of certificates, the application of the additional mark and official seals, the registration and approval of establishments, the inspection or supervision of establishments registered or approved under the Regulations and the carrying out of official checks in relation to the eligibility of bovine animals for the purposes of the DBES.

Regulation 15 makes provision in relation to powers of search and powers of stop and search. Regulation 16 provides powers of entry to premises. Regulation 17 provides power to seize goods. It also makes provision for the destruction of a consignment of goods where there is a risk of them being dealt with illegally. Regulation 18 provides for sampling and other checks and examinations. Regulation 19 confers power on customs officers to detain vehicles and vessels. Regulation 20 makes provision for suspension notices and orders, suspending the use of business premises for the receipt or despatch of the goods and by-products referred to in regulation 20(1).

Regulation 21 provides offences of obstruction. Regulation 22 provides for offences and penalties. Regulation 23 makes provision for offences due to the fault of another person and the defence of due diligence. Regulation 24 provides that the Regulations are enforced by the Minister and local authorities, as defined in regulation 2(1), and regulation 25 makes provision for the service of notices and other documents. Regulation 26 revokes the Bovines and Bovine Products (Trade) Regulations 1998 and makes savings provisions.

Schedule 1 sets out the required methods of operation for DBES slaughterhouses. Schedule 2 sets out the required methods of operation for the preparation of export eligible goods in export dedicated establishments. Schedule 3 sets out the required methods of operation for the preparation of foreign origin export eligible goods in establishments which are not export dedicated establishments. Schedule 4 makes provision for the additional mark for foreign origin export eligible goods and Schedule 5 makes provision for the additional mark for DBES goods, ECHS goods prepared in Great Britain, goods containing any DBES goods or ECHS goods (whether or not prepared in Great Britain), or foreign origin export eligible goods consisting of, or derived from, fresh meat which has been deboned and from which all adherent tissues, including obvious nervous and lymphatic tissues, have been removed. Schedule 6 makes provision for official seals.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the International Trade Unit of the Animal Health (BSE) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.

ISBN 0 11 082578 0

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