Statutory Instruments of the Scottish Parliament

"approved research premises" means premises approved for research purposes by the Secretary of State;

"bovine animal" includes bison and buffalo (including water buffalo);

"BSE" means bovine spongiform encephalopathy;

"bulk" means not enclosed or wrapped in packaging;

(a) Schedule 2 (monitoring for TSE and contents of an RMOP);

(b) Schedule 3 (control and eradication of TSE in bovine animals);

(c) Schedule 4 (control and eradication of TSE in sheep and goats);

(d) Schedule 5 (feedingstuffs);

(e) Schedule 6 (specified risk material, mechanically recovered meat and slaughtering techniques);

(f) Schedule 7 (restrictions on dispatch to other member States and to third countries).

(a) the address of the premises;

(b) the name of the occupier; and

(c) the purpose for which it is granted.

    (3) It may be made subject to such conditions as are necessary to–

(a) ensure that the provisions of the Community TSE Regulation and these Regulations will be complied with; and

(b) protect public or animal health.

    (4) If the Scottish Ministers refuse to grant an approval, authorisation, licence or registration, or grant one subject to conditions–

(a) they shall–


(i) give their reasons in writing; and

(ii) explain the right of the applicant to make written representations to a person appointed by the Scottish Ministers; and



(b) the appeals procedure in regulation 10 applies.

(a) within 24 hours from the time when the animal dies or is killed or the body comes into that person's possession or charge notify the Scottish Ministers; and

(b) retain it until it has been collected by or on behalf of the Scottish Ministers,

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 over-age bovine animals
     2. If a bovine animal was born or reared in the United Kingdom before 1st 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 shall–

(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 Scottish Ministers shall, by means of a notice, notify the occupier of a slaughterhouse if a bovine 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 Scottish Ministers may serve a notice on the occupier of a slaughterhouse requiring the occupier to sample and send for testing in accordance with sub paragraph (1) any bovine animal slaughtered there.

    (4) The Scottish Ministers shall approve laboratories to test samples taken under this paragraph if they are 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 in that part of the United Kingdom to carry out the test.

Slaughter of bovine animals over 30 months of age
     4. —(1) It is an offence for the occupier of a slaughterhouse to use the slaughterhouse to slaughter for human consumption a bovine animal aged over 30 months unless the Scottish Ministers have approved the Required Method of Operation (referred to in this Schedule as "RMOP") for that slaughterhouse and that occupier.

    (2) The RMOP shall, as a minimum–

(a) describe the procedures that will be followed to comply with Part 1 of this Schedule; and

(b) describe all the systems and procedures specified in Part 2 of this Schedule.

(a) enables bovine animals born or reared in the United Kingdom before 1st August 1996 to be identified and ensures that they are not slaughtered for human consumption;

(b) enables bovine animals over 30 months of age but born on or after 1st August 1996 to be identified and ensures that they are sampled in accordance with this Schedule; and

(c) enables bovine animals specified in point 2(1) of Part I of Chapter A of Annex III to the Community TSE Regulation to be identified and ensures that they are sampled in accordance with this Schedule.

    (2) It shall also describe the system that ensures that bovine animals over 30 months of age are–

(a) batched together before slaughter separately from those aged 30 months or under; and

(b) slaughtered in batches separately from those aged 30 months or under.

Brain stem sampling
     8. —(1) The RMOP shall describe how the slaughterhouse occupier will ensure 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall describe the disposal arrangements 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 shall describe the systems in place that ensure that–

(a) cause it to be killed on the holding immediately; or

(b) remove its cattle passport and serve a notice prohibiting the animal from being moved from the holding until it has been killed; or

(c) ensure that its cattle passport is stamped "Not for human consumption" and serve a notice directing the owner to consign it to other premises for killing and prohibiting movement other than in accordance with that direction.

    (2) The inspector shall restrict the movement of other bovine animals 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 suspect 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 suspect animal is not killed immediately, its keeper shall 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 progeny 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 has BSE;

(b) the monitoring of bovine animals under Schedule 2 or under Annex III to the Community TSE Regulation confirms that an animal is suspected of having BSE; or

(c) the competent authority of another part of the United Kingdom or another member State notifies the Scottish Ministers that a bovine animal is suspected of having BSE,

an inspector shall identify–

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

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



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

    (2) An inspector shall serve notices prohibiting movement of the animals identified in accordance with sub-paragraph (1) from the holding on which they are kept or where the inspector 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 the inspector cannot immediately identify the animals specified in sub paragraph (1) the inspector shall prohibit the movement of all bovine animals from the holding pending identification.

    (4) Movements of restricted animals are only permitted in accordance with regulation 16.

Action following confirmation
     5. —(1) In accordance with Article 13(1)(c) of, and point 2 of Annex VII to, the Community TSE Regulation, when it is confirmed that a bovine animal had BSE an inspector shall cause to be killed–

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

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


(i) an inspector is satisfied that the animal did not have access to the same feed as the animal in which BSE was confirmed; 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 shall ensure that the carcase is completely destroyed, and failure to do so is an offence.

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

    (3) If the test is negative the inspector shall remove all restrictions imposed because of the suspect animal and return the cattle passports.

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

Death while under restriction
     6. If a bovine animal dies or is killed other than in accordance with Article 12(1) and (2) of the Community TSE Regulation while it is under restriction for any reason under this Schedule, the owner shall immediately notify the Scottish Ministers, and retain the body on the premises until the owner 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 progeny
     7. Any person who places on the market a 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.

When compensation is payable
     8. The Scottish Ministers shall pay compensation–

(a) cause the animal to be killed on the holding immediately;

(b) serve a notice prohibiting the animal from being moved from the holding until it has been killed; or

(c) serve a notice directing the owner to consign the animal to other premises for killing and prohibiting movement other than in accordance with that direction.

    (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) shall serve a notice–


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

(ii) if the suspect animal came from another holding, and the inspector considers that the suspect animal may have been exposed to a TSE on that other holding, the inspector may serve such a notice on that other holding and on the holding the animal was on when it became a suspect animal, or only on the other holding; and



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

    (2) Movements of restricted animals are only permitted in accordance with regulation 16.

Action where TSE is not confirmed
     5. If it is confirmed that the animal did not have a TSE, an inspector shall remove all restrictions imposed because of the suspect animal.

Action following confirmation of TSE in sheep
     6. —(1) When it is confirmed that a suspect sheep or the body of a sheep monitored under Annex III to the Community TSE Regulation has a TSE the Scottish Ministers, 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),

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

    (2) They shall then serve a notice on the occupier of the holding identifying which of the options in those paragraphs they intend to exercise.

    (3) The notice shall specify–

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

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

(c) the identity of any animals 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 10 applies.

Action following 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, has a TSE, the Scottish Ministers, 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, shall serve on the occupier of the holding a notice of their intention to cause to be killed and destroyed 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 10 applies.

Action following confirmation of BSE in sheep or goats
     8. —(1) If BSE is confirmed in a sheep or goat on a holding, the Scottish Ministers, 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, shall serve on the occupier of the holding a notice of their intention to cause to be killed and destroyed 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 10 applies.

Time for appeals
     9. The Scottish Ministers shall not cause to be killed any sheep or goat, or cause to be destroyed any ovum or embryo, under this Schedule until–

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

(b) after the 21 day period for appeal under regulation 10 has expired; or

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

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

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

Common grazing
     12. In the case of animals with a TSE on common grazing, the Scottish Ministers 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 Scottish Ministers 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 shall 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 shall be an offence.

Introduction of animals onto a holding
     15. Any person who introduces an animal onto 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.

Period of movement restrictions
     18. For the purposes of point 8 of Annex VII to the Community TSE Regulation the relevant dates shall be established by the Scottish Ministers 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 otherwise than in accordance with Article 12(1) and (2) of the Community TSE Regulation while it is under restriction for any reason under this Schedule or Annex VII to the Community TSE Regulation, the owner shall immediately notify the Scottish Ministers, and retain the body on the premises until the owner is directed in writing to move or dispose of it by the Scottish Ministers, 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 sheep or goats in which BSE is confirmed
     20. Any person who places on the market any 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, the owner shall notify the Scottish Ministers at least four weeks before consignment.

    (2) The owner shall not consign a sheep aged 18 months or more for killing or slaughter for human consumption except in accordance with a written direction from the Scottish Ministers.

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

Derogations
     22. —(1) The Scottish Ministers shall 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 Scottish Ministers asking them to permit before 1st January 2007 the introduction of non-pregnant ewe lambs of unknown genotype in accordance with paragraph 6 of that Annex VII.

    (3) Upon application by the occupier of a holding, the Scottish Ministers may allow the occupier to exercise one or both of the options permitted under point 9 of that Annex VII.

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

    (5) The Scottish Ministers shall give the applicant their decision in writing, which shall state that they–

(a) consent to the application; or

(b) consent in part to the application; or

(c) refuse the application.

    (6) Unless the Scottish Ministers consent to the application in full, the appeals procedure in regulation 10 applies.

Compensation payable for animals killed as suspect animals
     23. —(1) The Scottish Ministers shall pay compensation in accordance with this paragraph for a sheep or goat killed as a suspect animal.

    (2) Where it is confirmed that the animal had a TSE, the compensation is–

(a) £30 in the case of an animal at the end of its productive life; and

(b) £90 in any other case.

    (3) Where it is not confirmed that the animal had a TSE, the compensation is the higher of–

(a) the amount that would have been payable under this paragraph if it had been confirmed the animal had a TSE; and

(b) such sum as appears to the Scottish Ministers, having regard to any information provided by the owner of the animal and any other relevant information, to reflect the market value of the animal, subject to a maximum sum of £400 for each animal.

Compensation for animals killed or products destroyed following confirmation
     24. The Scottish Ministers shall pay compensation to the owner of animals killed and products destroyed under this Schedule following confirmation of a TSE in accordance with the following provisions of this paragraph–

Compensation

Animal or product	Compensation (£) A	Compensation (£) B
Male sheep or goat	90	90
Female sheep(a) or goat	90	65
Lamb (under 12 months old)(b) or kid under (12 months old)	50	40
Embryo	150	150
Ovum	5	5

^(a) Where the Scottish Ministers have granted a derogation under point 9 of Annex VII to the Community TSE Regulation the compensation for a female sheep is £30 if it is killed after the first year of the derogation period.

^(b) Where the Scottish Ministers have granted a derogation in accordance with that point in respect of any ram in a flock, the compensation for any lamb in that flock killed after the first year of the period of derogation is £25.

Note on the rates

(a) The rate in Column A is payable if–


(i) the owner notified the Scottish Ministers that an animal was suspected of being affected by a TSE in accordance with paragraph 1 before 10th March 2006, and the presence of a TSE was confirmed (whether before or after that date); and

(ii) the animal for which compensation is being paid was in the flock or herd before 10th March 2006; and



(b) the rate in Column B is payable in all other cases.

Valuations
     25. —(1) If the owner of an animal considers the compensation in paragraph 24 to be unreasonable the owner may notify the Scottish Ministers, and the procedure in regulation 11 applies, with the owner paying the fee for nominating the valuer and the valuer's fee.

    (2) If the Scottish Ministers consider the compensation in paragraph 24 to be excessive in all the circumstances they may obtain a valuation of the animal in accordance with regulation 11, with the Scottish Ministers paying the fee for nominating the valuer and the valuer's fee.

    (3) The valuer shall value the animal at the market price.

    (4) The market price for sheep and goats is the price that might reasonably have been obtained for the individual animal at the time of valuation from a buyer in the open market if the animal was not from a flock affected by TSE.

(a) feed to any ruminant animal;

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

(c) permit any ruminant animal to have access to,

any animal protein (or anything containing animal protein) other than the proteins specified in point A(a) of Part II of Annex IV to that Regulation.

    (2) It is an offence to bring onto any premises where ruminant animals are kept, or to possess on such premises, anything prohibited by this paragraph, other than–

(a) food intended for human consumption;

(b) in accordance with paragraph 3;

(c) premises registered under paragraph 8(6), 10(5) or 12(8); or

(d) where authorised by an inspector and suitable measures are in place to ensure that ruminant animals do not have access to it.

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 the conditions in 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 the conditions in 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 the conditions in 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 the conditions in 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 Scottish Ministers 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 onto 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 to–

(a) in accordance with point B(c) of that Part, in premises authorised by the Scottish Ministers for the purposes of that point;

(b) in accordance with point B(c)(i) of that Part, for home compounders registered by the Scottish Ministers for the purposes of that point; or

(c) in accordance with point B(c) (ii) of that Part, in premises authorised by the Scottish Ministers for the purposes of that point.

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

    (4) Any person transporting the feedingstuffs in bulk shall 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 shall comply with the second sentence of point B(e) of that Part.

    (6) The occupier of any farm where ruminants are kept shall comply with the first paragraph of point B(f) of that Part unless the Scottish Ministers are satisfied that the provisions of the second paragraph of that point are complied with and have 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 farmed animals
     10. —(1) Any person producing feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to non ruminant farmed animals shall 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 Scottish Ministers for the purposes of that point;

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

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

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

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

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

    (5) The occupier of any farm where ruminants are kept shall comply with the first paragraph of point C(d) of that Part unless the Scottish Ministers are satisfied that the provisions of the second paragraph of that point are complied with and have 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 ruminant animals;

(b) consign feedingstuffs containing dicalcium phosphate or tricalcium phosphate (whether complete or partly complete) from the home compounder's 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,

shall ensure that the blood comes from a slaughterhouse that is registered with the Scottish Ministers 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 Scottish Ministers.

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

    (3) Any person producing blood products or blood meal shall 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 shall do so–

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

(b) in accordance with point D(c)(i) of that Part, for home compounders registered by the Scottish Ministers for the purposes of that point; or

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

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

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

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

    (8) The occupier of any farm where ruminants are kept shall comply with the first paragraph of point D(f) of that Part unless the Scottish Ministers are satisfied that the provisions of the second paragraph of that point are complied with and have 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 the home compounder's 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 paragraph 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, bulk dicalcium phosphate, bulk tricalcium phosphate, blood products derived from non ruminants or blood meal derived from non ruminants, except in accordance with points 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 Scottish Ministers 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 feedingstuffs, including petfood, that contain 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 proteins derived from ruminants, and anything containing such proteins.

    (2) It is an offence to export processed animal proteins derived from non ruminants (and anything containing such proteins) except in accordance with point E(2) of that Part and an agreement in writing between the United Kingdom 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 shall–

(a) 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; and



(b) keep those records for 2 years.

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

    (3) 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.

Registration of home compounders and transporters
     21. —(1) The Scottish Ministers shall register home compounders and transporters under this Schedule if they are satisfied that the provisions of the Community TSE Regulation and these Regulations will be complied with.

    (2) The registration shall be in writing, and shall specify–

(a) the name of the home compounder or transporter;

(b) the address of their premises; and

(c) the purpose for which it is granted.

    (3) It may be made subject to such conditions as are necessary to–

(a) ensure that the provisions of the Community TSE Regulation and these Regulations will be complied with; and

(b) protect public or animal health.

    (4) If the Scottish Ministers refuse to register a home compounder or transporter or grant registration subject to conditions–

(a) they shall–


(i) give their reasons in writing; and

(ii) explain the right of the applicant to make written representations to a person appointed by the Scottish Ministers; and



(b) the appeals procedure in regulation 10 applies.

Duties of home compounders and transporters
     22. Any home compounder or transporter registered under this Schedule who fails to ensure that–

(a) any condition of the registration; and

(b) the requirements of the Community TSE Regulation and these Regulations,

are complied with is guilty of an offence.

Suspension and amendment of registration of home compounders and transporters
     23. —(1) The Scottish Ministers may suspend or amend any registration granted under this Schedule if–

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

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

    (2) A suspension or amendment–

(a) shall have immediate effect if the Scottish Ministers consider it necessary for the protection of public or animal health; and

(b) otherwise, shall not have effect for at least 21 days from notification of the suspension or amendment.

    (3) Notification of the suspension or amendment shall–

(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 Scottish Ministers.

    (4) The appeals procedure in regulation 10 applies.

    (5) If the suspension or amendment does not have immediate effect and representations are made under regulation 10, the suspension or amendment shall not have effect until the final determination of the appeal by the Scottish Ministers unless they consider that it is necessary for the protection of public or animal health for the suspension or amendment to have effect before then.

Revocation of registration of home compounders and transporters
     24. —(1) The Scottish Ministers may revoke any registration of a home compounder or transporter granted under this Schedule if they are not satisfied that the Community TSE Regulation or these Regulations will be complied and if–

(a) the registration is currently suspended and the period for appeal under regulation 10 has expired or they have upheld the suspension following such appeal;

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

(c) they are satisfied that the transporter or home compounder no longer requires to be registered for the purpose for which registration was granted.

(a) ensure that staff receive any training necessary to ensure that the occupier complies with duties contained in this Schedule; and

(b) keep records of each person's training for as long as that person works there.

    (2) Failure to comply with any requirement of this paragraph is an offence.

Mechanically recovered meat
     4. —(1) Any person who fails to comply with point 3 of Part A of Annex XI to the Community TSE Regulation (use of bovine, ovine and caprine bones for the production of mechanically recovered meat) is guilty of an offence.

    (2) Any person who uses any mechanically recovered meat produced in contravention of that point in the preparation of any food for sale for human consumption or of any feedingstuff is guilty of an offence.

    (3) In this paragraph, "mechanically recovered meat" means the product derived from residual meat on animal bones by mechanical means (other than meat produced using hand held powered knives that do not use powered pressure or suction).

Pithing
     5. Any person who fails to comply with point 4 of Part A of Annex XI to the Community TSE Regulation (pithing) is guilty of an offence.

Tongue harvesting
     6. Any person who fails to comply with point 6 of Part A of Annex XI to the Community TSE Regulation (tongue harvesting) is guilty of an offence.

Head meat harvesting
     7. Any person who fails to comply with point 7 of Part A of Annex XI to the Community TSE Regulation (head meat harvesting) is guilty of an offence.

Removal of specified risk material
     8. —(1) Any person who removes specified risk material in any premises other than premises in which that specified risk material may be removed under point 5, point 10(a) or point 10(b) of Part A of Annex XI to the Community TSE Regulation is guilty of an offence.

    (2) In the case of a cutting plant, it is an offence to remove–

(ii) where the carcase containing the specified risk material has been brought into Scotland from another member State, any part of the vertebral column that is specified risk material from any bovine animal aged 30 months or less at slaughter,



unless the plant is authorised under paragraph 13(1)(a); or

(b) the spinal cord from any sheep or goat aged over 12 months at slaughter or which has a permanent incisor erupted through the gum, unless the plant is authorised for the purpose of such removal under paragraph 13(1)(b).

    (3) In the case of a butcher shop, it is an offence to remove any part of the vertebral column that is specified risk material from a bovine animal, if the shop is not authorised and registered for that purpose under paragraph 14, or the carcase containing the specified risk material has been brought into Scotland from another member State.

Bovine animals in a slaughterhouse
     9. —(1) When a bovine animal is slaughtered, the occupier of the slaughterhouse shall remove all specified risk material (other than those parts of the vertebral column that are specified risk material) as soon as is reasonably practicable after slaughter and in any event before post mortem inspection.

    (2) The occupier of the slaughterhouse shall consign any carcase containing those parts of the vertebral column that are specified risk material as soon as is reasonably practicable–

(a) in the case of any bovine animal that is aged over 30 months at slaughter, to a cutting plant authorised under paragraph 13(1)(a) or to another member State in accordance with the second paragraph of point 13 of Part A of Annex XI to the Community TSE Regulation; and

(b) in the case of any bovine animal that is aged 30 months or less at slaughter, to a cutting plant, or a butcher shop authorised and registered under paragraph 14 or another member State in accordance with the second paragraph of point 13 of Part A of Annex XI to the Community TSE Regulation.

(a) bovine animals born or reared in the United Kingdom before 1st August 1996;

(b) meat or products derived from bovine animals born or reared in the United Kingdom after 31st July 1996 and slaughtered before 15th June 2005; or

(c) vertebral column from bovine animals born or reared in the United Kingdom after 31st July 1996 and slaughtered before 2nd May 2006 and products derived from such vertebral column.

Exports to third countries
     2. In accordance with the last paragraph of point 13 of Part A of Annex XI to the Community TSE Regulation, it is an offence to export heads or fresh meat of bovine, ovine or caprine animals containing specified risk material to a third country.