TSE (Wales) Regulations 2002

JurisdictionUK Non-devolved
CitationSI 2002/1416
Year2002

2002 No. 1416 (W.142)

ANIMALS, WALESANIMAL HEALTH

The TSE (Wales) Regulations 2002

Made 24th May 2002

Coming into force 27th May 2002

The National Assembly for Wales, being designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Community, hereby makes the following Regulations—

Introductory provisions

Part I

Introductory provisions

Title, application and commencement
S-1 Title, application and commencement

Title, application and commencement

1.—(1) These Regulations may be cited as the TSE (Wales) Regulations 2002.

(2) These Regulations apply to Wales.

(3) These Regulations come into force on 27 May 2002.

Application
S-2 Application

Application

2.—(1) Subject to paragraph (2) below, these Regulations do not apply to the production or placing on the market of the products, medical devices, starting materials, intermediate products and live animals referred to in Article 1(2) of the Community TSE Regulation.

(2) In so far as necessary to avoid the cross-contamination or substitution referred to in Article 2 of the Community TSE Regulation, these Regulations apply to the use of specified risk material in the production or placing on the market of any product, medical device, starting material or intermediate product referred to in Article 1(2) of the Community TSE Regulation.

(3) Part III of these Regulations applies in relation to mammalian protein, mammalian meat and bone meal, meat and processed animal protein intended for the feeding of animals (excluding humans).

(4) Part III of these Regulations does not apply in relation to—

(a)

(a) catering waste; or

(b)

(b) eggs and egg products.

Interpretation
S-3 Interpretation

Interpretation

3.—(1) In these Regulations, unless the context otherwise requires—

“ABPO approved” in relation to premises, means approved under article 7, or registered under article 12, of the Animal By-Products Order 19993and “ABPO approval” shall be construed accordingly;

“the Agency” means the Food Standards Agency;

“animal by-product” has the same meaning as in the Animal By-Products Order 1999;

“agricultural land” means land used or capable of use for the purposes of a trade or business in connection with agriculture;

“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 woodlands, and horticulture (except the propagation of plants and the growing of plants with greenhouses and glass or plastic structures);

“catering waste” has the same meaning as in the Animal By-Products Order 1999;

“the Commission Decision” means Commission Decision 2001/9/EC4concerning control measures required for the implementation of Council Decision 2000/766/ECconcerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;

“the Community TSE Regulation” means Regulation (EC) No. 999/2001of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies5;

“the Community Transitional Measures” means—

(a) Commission Regulation (EC) No. 1248/2001of 22 June 2001 amending Annexes III, X and XI to Regulation (EC) No. 999/2001of the European Parliament and of the Council as regards epidemio-surveillance and testing of transmissible spongiform encephalopathies6;

(b) Commission Regulation (EC) No. 1326/2001of 29 June 2001 laying down transitional measures to permit the changeover to Regulation (EC) No. 999/2001of the European Parliament and of the Council for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation7; and

(c) Commission Regulation (EC) No. 270/220of 14 February 2002 amending Regulation (EC) No. 999/2001of the European Parliament and of the Council as regards specified risk material and epidemio-surveillance for transmissable spongiform encephalopathies and amending Regulation (EC) No. 1326/2001as regards animal feeding and placing on the market of ovine and caprine animals and products thereof8;

“the Council Decision” means Council Decision 2000/766/EC9concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;

“cutting premises” means premises used for the purpose of cutting up fresh meat intended for sale for human consumption;

“Divisional Veterinary Manager” means the veterinary inspector appointed to receive information in relation to animals suspected of being affected by a TSE or animals affected by a TSE, or the carcase of such animals for the area in which such animals or carcases are located;

“farmed animal” means any creature, including a fish, which is kept, fattened or bred for the production of food;

“feeding stuff” has the meaning given to it by section 66(1) of the Agriculture Act 197010, save that it shall apply to products and substances for oral feeding to any creature except a human being, and section 66(2)(b) of that Act shall have effect for the purposes of these Regulations as it does for the purposes of that Act;

“food” has the same meaning as in the Food Safety Act 199011;

“inspector” means—

(a) a person appointed as such for the purposes of these Regulations by the Secretary of State or the National Assembly, including a veterinary inspector;

(b) a person appointed as such for the purposes of these Regulations by the Agency, including in relation to Part IV of these Regulations, a person—

(i) designated as an OVS in accordance with regulation 8(1) of the Fresh Meat (Hygiene and Inspection) Regulations 199512; and

(ii) appointed as an inspector in accordance with regulation 8(2) of those Regulations; and

(c) a person appointed as such for the purposes of these Regulations by a local authority in relation to its enforcement responsibilities under these Regulations;

“listed premises” means those premises listed by the Agency as being listed for the purposes of these Regulations and published by notice in the London Gazette;

“livestock” means—

(a) any creature, including a fish, kept, fattened or bred for the production of food, wool, skin or fur;

(b) any creature other than a dog kept for use in the farming of land; and

(c) any equine animals;

“local authority” means—

(a) in respect of a county or county borough the council of that county or county borough;

(b) where there is a Port Health Authority, that authority in addition to the authority specified in paragraph (a) above;

“MBM product” means any product containing mammalian meat and bone meal;

“mammalian meat and bone meal” means—

(a) mammalian protein (including greaves), other than processed animal protein, derived from the whole or part of any dead mammal by—

(i) the process of rendering; or

(ii) in the case of a product or material originating outside Wales or England, by an equivalent process; or

(b) any material derived from mammalian protein;

and for this purpose “protein” means any proteinaceous material which is derived from a carcase but does not include milk or any milk product;

“monitoring notification”, in respect of any category of notifiable animal, means a notification of the death of the animal to the National Assembly;

“the National Assembly” means the National Assembly for Wales;

“a notifiable animal” means any TSE susceptible animal in relation to which the annual programme of monitoring referred to in Article 6 of the Community TSE Regulations applies;

“OVS” means an official veterinary surgeon designated as such in accordance with regulation 8(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995;

“occupier”, in relation to any premises, means any person carrying on a business there;

“premises” means any place, including any land, building, structure (moveable or otherwise), tent or vehicle—

(a) in which TSE susceptible animals may be bred, grazed, handled, held, kept, marketed or shown to the public;

(b) in which processed animal protein or mammalian meat and bone meal may be handled, kept or disposed of;

(c) in which specified risk material may be removed from a carcase of an animal, handled, kept or disposed of; or

(d) any place where blood, carcases or parts of the carcases derived from any creature except man may be kept;

and includes any such place occupied as a private dwelling;

“processed animal protein” means meat and bone meal, meat meal, bone meal, blood meal, dried plasma and other blood products, hydrolysed protein, hoof meal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal, dicalcium phosphate, gelatin and any other similar products, and includes mixtures, feeding stuffs, feed additives and premixtures, containing these products; but does not include mammalian meat and bone meal;

“production” includes the manufacture, mixing or packaging of any product, together with ancillary storage and transport operations;

“rendering” means subjecting any material at a rendering, fishmeal or other plant to any of the systems of treatment or procedures mentioned in Schedule 2 to the Animal By-Products Order 1999;

“ruminant animal” means a bovine animal, a sheep or a goat;

“scheme animal” means a bovine animal—

(a) which has been slaughtered pursuant to the purchase scheme introduced under Commission Regulation (EC) No. 716/96adopting exceptional support measures for the beef market in the United Kingdom; or

(b) which the Secretary of State has caused to be slaughtered under the Animal Health Act 198113for the prevention of bovine spongiform encephalopathy;

“sealed vehicle” means a vehicle sealed in accordance with regulation 41(3) below;

“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

“slaughterhouse” means any premises for slaughtering animals the flesh of which is...

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