United Kingdom Statutory Instruments

(a) catering waste; or

(b) eggs and egg products.

(a) ascertain whether any TSE susceptible animal is being or has been kept on the premises;

(b) ascertain whether - 


(i) any TSE exists or has existed on the premises or any other premises; or

(ii) any animal which is being kept on the premises or has been kept on the premises is, or was at the time it was kept there, affected with any TSE;



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

(d) inspect and examine the carcase of any TSE susceptible animal;

(e) take such samples from, and make such tests in relation to, any TSE susceptible animal, or the carcase of such an animal, as he considers necessary;

(f) mark for identification purposes any TSE susceptible animal, or the carcase of such an animal, or administer or otherwise attach to any TSE susceptible animal an electronic identification device;

(g) serve a notice to restrict or prohibit the movement of any TSE susceptible animal or the carcase of such an animal;

(h) issue a licence in connection with the movement of any TSE susceptible animal or the carcase of such an animal;

(i) seize any TSE susceptible animal or the carcase of such an animal;

(j) serve any notice in connection with the slaughter of any TSE susceptible animal;

(k) slaughter any TSE susceptible animal;

(l) examine any record, in whatever form the record may be held, and take copies of the record;

(m) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; or

(n) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or any evidence of any such contravention or failure.

    (3) No person except an inspector shall remove or otherwise interfere with any mark applied to a TSE susceptible animal or the carcase of such an animal under paragraph (2)(f) above and no person except a veterinary inspector shall remove or otherwise interfere with any electronic identification device attached to or otherwise administered to such an animal under that paragraph.

    (4) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and that either - 

(a) admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier of the premises; or

(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 is absent,

he may issue a warrant to authorise an inspector to enter the premises for that purpose, if need be by reasonable force.

    (5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his employees and any person on the premises who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall - 

(a) provide such reasonable facilities and reasonable assistance to the inspector and comply with such reasonable requirements as the inspector considers necessary for any purpose connected with the administration or enforcement of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation; and

(b) if required by an inspector, give such information as he possesses as to - 


(i) any animal or carcase which is or has been on the premises;

(ii) any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact; and

(iii) the location and movement of any animal or carcase which is or has been in his possession or charge.

    (6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him - 

(a) such other persons as he considers necessary to give him such assistance as he considers necessary; and

(b) a representative of the European Commission acting for the purpose of the Community TSE Regulation or the Community Transitional Measures or any Community legislation referred to in that Regulation or those Measures.

(a) knowingly sell or supply for feeding to ruminant animals; or

(b) feed to a ruminant animal,

(a) the name and address of the person to whom the approval is granted and the address of the approved premises;

(b) the use of the premises for the description of production for which the approval is granted; and

(c) the conditions subject to which the approval is granted.

    (4) If the Secretary of State refuses to approve the premises or grants an approval subject to any condition she shall give to the applicant a statement of - 

(a) the reasons for the refusal or the condition; and

(b) the right of the applicant under this Part of these Regulations to appeal against the refusal or the condition and the period within which and the person or tribunal to whom an appeal may be made.

(a) the premises are not used for the preparation of feedingstuffs for ruminant animals; and

(b) the premises are registered for the purpose of paragraph 6 of Annex I to the Commission Decision by the Secretary of State.

    (2) The Secretary of State shall register premises under this regulation where the occupier declares the premises are capable of being used for the production of feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants in accordance with paragraph 6 of Annex I to the Commission Decision.

    (3) The prohibition in paragraph (1) above shall not apply to the use of premises for the production of feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants and for the preparation of feedingstuffs for ruminant animals if - 

(a) the fishmeal satisfies the requirements of regulation 14(2)(a) above;

(b) the transport to or from the premises, or the storage at the premises, of feed material destined for ruminant animals is completely separate from feed material prohibited for feeding to ruminant animals;

(c) the storage, manufacturing and packaging facilities at the premises, and the transport to or from the premises, of compound feedingstuffs destined for ruminant animals are completely separate from feed material prohibited for feeding to ruminant animals; and

(d) the person using the premises for the preparation of feedingstuffs for ruminant animals which are used for the production of feedingstuffs containing fishmeal for feeding to other animal species carries out routine tests on the feedingstuffs destined for ruminant animals to ensure that any processed animal protein the feeding of which to farmed animals is prohibited by regulation 14 above is not present in those feedingstuffs.

(a) the date and nature of the material consigned;

(b) the weight consigned and, unless consigned loose, the number and weight of the packages, pallets or other containers in which it is consigned;

(c) the destination of the consignment;

(d) the name and address of the consignee;

(e) the registration number of the vehicle in which the consignment is transported; and

(f) the name and address of the operator of that vehicle.

    (2) Any person receiving a consignment of mammalian meat and bone meal or processed animal protein shall keep for two years from the date of receipt of the consignment a record indicating - 

(a) the date on which it was received and the nature of the material received;

(b) its weight on receipt and, unless consigned loose, the number and weight of the packages, pallets or other containers in which it was consigned;

(c) the place from which it was consigned;

(d) the name and address of the person by whom it was consigned;

(e) the registration number of the vehicle in which it was consigned; and

(f) the name and address of the operator of that vehicle.

    (3) Any person receiving a consignment of mammalian meat and bone meal or processed animal protein shall keep for two years from the date of any use, disposal or further consignment of the material used, disposed of or further consigned a record indicating - 

(a) in the case of any use, the nature of the material used and details of each use, the weight of any part of the consignment incorporated into a product and the nature and date of manufacture of any such product;

(b) in the case of disposal, the weight disposed of, the date of such disposal, and the place in which, method by which and name of the person by whom it was disposed of; and

(c) in the case of further consignment, the information required by paragraph (1) above.

    (4) Any person who controls a vehicle in which mammalian meat and bone meal or processed animal protein is transported shall keep, for two years from the date on which transport of a particular consignment of such protein commenced (or, in the case of an import, from the date on which that material entered England), a record of - 

(a) the person and place from which that consignment was transported and the nature of the material consigned;

(b) the date on which it was collected from that person;

(c) the weight consigned and, unless consigned loose, the number and weight of the packages, pallets or other containers in which it is consigned;

(d) the registration number, and the name and address of the driver, of the vehicle in which it was transported and, if the vehicle includes a trailer, the number of the trailer;

(e) the person and place to which it was or was to be delivered; and

(f) the date or intended date of delivery to that person.

    (5) The driver of a vehicle in which a consignment of mammalian meat and bone meal or processed animal protein is transported shall have a document recording the information required by paragraph (4) above in his possession at all times when he is in charge of that vehicle.

    (6) In relation to a vehicle not having a registration number, the requirement to keep a record of the registration number pursuant to paragraphs (1)(e), (2)(e) and (4)(d) above shall be a requirement to keep such details as permit the identification of the vehicle in which the consignment was transported.

    (7) Where a vehicle is used for the transport of bulk feedingstuffs for feeding to farmed animals other than ruminants containing - 

(a) fishmeal for feeding to farmed animals other than ruminants;

(b) dicalcium phosphate from defatted bones; or

(c) hydrolysed protein,

(a) food;

(b) feedingstuffs;

(c) cosmetic, pharmaceutical or medical products; or

(d) specified risk material,

shall be deemed to be a sale of the food, feedingstuff, product or material, and references to purchasers and purchasing shall be construed accordingly.

    (2) This Part of these Regulations shall apply - 

(a) in relation to any food which is offered as a prize or reward or given away in connection with any entertainment, including any social gathering, amusement, exhibition, performance, game, sport or trial of skill, to which the public are admitted, whether on payment of money or not, as if the food were, or had been, exposed for sale by each person concerned in the organisation of the entertainment;

(b) in relation to any food which, for the purpose of advertisement or in furtherance of any trade or business, is offered as a prize or reward or given away, as if the food were, or had been, exposed for sale by the person offering or giving away the food; and

(c) in relation to any food which is exposed or deposited in any premises for the purpose of being so offered or given away as mentioned in sub-paragraph (a) or (b) above, as if the food were, or had been, exposed for sale by the occupier of the premises.

(a) subject to regulation 37 below, all specified risk material is removed from the rest of the carcase at the slaughterhouse as soon as is reasonably practicable after the animal is slaughtered and before the carcase is presented for inspection pursuant to regulation 35 below; or

(b) in the case of a sheep or goat with one or more permanent incisor teeth erupted, the head, spleen and tonsils are removed at the slaughterhouse as soon as is reasonably practicable after the animal is slaughtered and before the carcase is presented for inspection pursuant to regulation 35 below, and the rest of the carcase is consigned to a licensed slaughterhouse or licensed cutting premises.

    (3) Subject to the following provisions of this regulation and to regulation 36 below, the occupier of the slaughterhouse shall ensure that the specified risk material which has been removed is stained blue immediately after removal from the carcase.

    (4) Without prejudice to the storage requirements of regulation 52 below, the occupier of the slaughterhouse shall ensure that the specified risk material does not come into contact with any other animal material (except material derived from animals tested for the presence of a TSE which is required to be disposed of as if it were specified risk material) while in the slaughterhouse and that it is disposed of in accordance with this Part of these Regulations.

    (5) An occupier of a slaughterhouse in possession of any material derived from a carcase of an animal in relation to which there is carried out (whether by an inspector or on behalf of the occupier or any other person) any test for the presence of a TSE shall, if he disposes of the material before a negative result in respect of the test is received, ensure that the material is stained, stored and consigned for disposal as if it were specified risk material.

    (6) Material which is not specified risk material may be separated from intestines which have been removed from the carcase before the intestines are stained.

    (7) In the case of specified risk material which is intended to be examined by or on behalf of an inspector or a veterinary surgeon, the specified risk material shall not be stained until after the completion of the examination.

    (8) In the case of scheme animals, the occupier of the slaughterhouse shall ensure that, once the specified risk material has been removed, the remainder of the carcase (excluding the hide), is immediately stained yellow.

    (9) Nothing in paragraph (2) above shall require the removal of a spinal cord, being specified risk material, from the carcase of a sheep which has been slaughtered in a slaughterhouse if - 

(a) from the carcase of a bovine animal which was slaughtered or has died at an age greater than six months; or

(b) from a carcase of a sheep or goat which at the time it was slaughtered or died had one or more permanent incisor teeth erupted through the gum or was aged more than 12 months.

(a) sell or supply any specified risk material for use in the preparation of any feedingstuff; or

(b) use any specified risk material in the preparation of any feedingstuff.

    (2) Paragraph (1) above shall not apply to - 

(a) the sale or supply of any specified risk material; or

(b) the use of any specified risk material,

in the preparation of any feedingstuff for feeding to any animal for research purposes in a research establishment licensed under these Regulations in accordance with any conditions subject to which the licence is issued.

    (3) Subject to paragraph (4) below, no person shall sell or supply any specified risk material, or any feedingstuff which he knows or has reason to suspect contains any specified risk material, for feeding to any animal.

    (4) Paragraph (3) above shall not apply to the sale or supply of any feedingstuff to a research establishment licensed under these Regulations in accordance with any conditions subject to which the licence is issued.

    (5) Subject to paragraph (6) below, no person shall feed to any animal - 

(a) any specified risk material;

(b) any feedingstuff which he knows or has reason to suspect contains any specified risk material; or

(c) a whole carcase or any part of a sheep, goat or bovine animal from which specified risk material has not been removed in accordance with these Regulations.

    (6) Paragraph (5)(a) and (b) above shall not apply to the feeding to any animal of any specified risk material or feedingstuff for research purposes in a research establishment licensed under these Regulations and in accordance with any conditions subject to which the licence is issued; or

    (7) For the purposes of this regulation - 

(a) "specified risk material" includes anything derived from it;

(b) a feedingstuff shall be treated as containing specified risk material if it contains anything derived from it; and

(c) "animal" does not include a human being.

(a) the collection of specified risk material;

(b) the rendering or incineration of specified risk material, or any other manner of disposal or destruction of specified risk material,

(a) licence any occupier of premises to use the premises for any use in connection with - 


(i) the collection or transport of specified risk material; or

(ii) the rendering or incineration of specified risk material, or any other manner of disposal or destruction of specified risk material; and



(b) license any occupier of a slaughterhouse or cutting premises to use the slaughterhouse or cutting premises in connection with - 



(i) the removal referred to in regulation 36(1) above of vertebral column or regulation 37 above of spinal cord; or

(ii) the removal referred to in regulation 45(1)(a) above of the spinal cord, or any part of the spinal cord, from the vertebral column of a sheep or goat,



subject to such conditions as the Authority believes are necessary to ensure the occupier of the slaughterhouse or cutting premises is able to comply with the requirements of Part A of Annex XI to the Community TSE Regulation and these Regulations which apply to the use concerned.

    (2) On an application made by an occupier of any premises to the Licensing Authority for a licence under this regulation, the Authority shall grant the occupier a licence if it is satisfied that - 

(a) the occupier has in place facilities, procedures and methods of operation sufficient for him to be able to comply with such of the requirements the observance of which Member States are required to ensure under Part A of Annex XI to the Community TSE Regulation which apply to the use of the premises to which the application relates;

(b) in respect of an application for a licence to use premises in connection with rendering of specified risk material, the premises have the facilities specified in Part I of Schedule 5 below sufficient to enable the occupier of the premises to render the specified risk material at the premises by one of the methods specified in Part II of that Schedule; and

(c) there is no significant risk that inspection on behalf of the Authority of the use of the premises will be hampered or denied.

    (3) In considering applications for a licence for the purposes of this regulation the Licensing Authority may (in addition to any other relevant matters) have regard to the need for the efficient enforcement of this Part of these Regulations.

    (4) In this Part of these Regulations - 

(a) without prejudice to the storage requirements of regulation 52 above, all specified risk material in the collection centre is kept separate from all other animal material; and

(b) all equipment used in relation to the collection or storage of specified risk material that comes into contact with such material is thoroughly washed and disinfected before he uses the equipment or allows it to be used in relation to the collection or storage of any other material.

(a) all of that material is kept, handled, stored and rendered at the plant in accordance with the requirements of these Regulations applying to specified risk material; and

(b) the operator keeps a record for two years of the exact quantity of the specified risk material and the exact quantity of the other material together with which the specified risk material is kept, handled, stored and rendered.

    (3) For the purposes of this Part of these Regulations, references to specified risk material shall include references to any - 

(a) specified risk material kept, handled, stored or rendered together with other material; and

(b) any other material together with which the specified risk material is kept, handled, stored or rendered.

(a) the date on which the specified risk material was consigned from the premises;

(b) the quantity, weight and description of the material;

(c) the destination to which it was consigned; and

(d) the name of the haulier transporting it.

    (2) Any person who transfers any specified risk material from any part of any premises licensed for the removal, collection, disposal or destruction of any specified risk material to another part of the premises shall make on transfer a record of each transfer showing the date on which the specified risk material was transferred and the quantity and description of the material transferred.

    (3) A person who collects any specified risk material from any premises for the purpose of transporting it shall make on collection a record showing - 

(a) the address of the premises from which the material was collected;

(b) the date on which the material was collected;

(c) the quantity, weight and description of the material; and

(d) the destination to which it is to be taken,

and shall ensure this record accompanies the specified risk material during transport.

    (4) A person who receives any specified risk material collected from any premises shall make on receipt a record showing - 

(a) the address of the premises from which the material was collected;

(b) the date on which the material is received;

(c) the quantity, weight and description of the material; and

(d) name and address of the person who transported it.

    (5) In addition to any records he is required to make under paragraph (1) and (4) above, an occupier of rendering premises shall make a record of any specified risk material he renders at the premises showing - 

(a) the quantity and weight rendered and the date of rendering;

(b) the temperature of the material achieved during rendering;

(c) in a batch system, the time for which the material was rendered;

(d) the particle size to which the material was reduced before rendering;

(e) if appropriate, the pressure to which the by-products is subjected during rendering;

(f) if appropriate, the feed rate of the material;

(g) if appropriate, the fat re-cycling rate;

(h) the quantity, weight and description of rendered material produced;

(i) in the case of all rendered material -


(i) the method of disposal;

(ii) the quantity and weight disposed of;

(iii) the date of disposal;

(iv) the name of the person transporting it for disposal; and

(v) the address of the disposal premises.

(a) with all practicable speed, notify the fact to the Divisional Veterinary Manager;

(b) retain the sample examined and the remainder of the carcase until its disposal has been authorised in writing by a veterinary inspector; and

(c) if required in writing to do so by a veterinary inspector, surrender any samples, in whatever form, to such an inspector.

    (4) Paragraph (3) above shall not apply to any TSE which has been introduced deliberately into an animal, a carcase or a sample - 

(a) in any laboratory; or

(b) on any premises, whether or not a laboratory, licensed by the Secretary of State under regulation 56 above.

(a) first generation progeny of - 


(i) a female bovine animal infected with a TSE;

(ii) a BSE-confirmed ovine or caprine animal; or



(b) any semen, embryos or ova derived from any such bovine, ovine or caprine animal,

and any veterinary surgeon or other person who, in the course of his duties, examines or inspects any such progeny, semen, embryos or ova shall, with all practicable speed, notify the fact to the Divisional Veterinary Manager.

    (2) A person who has in his possession or under his charge on any premises any animal he reasonably suspects is an animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal shall detain it on the premises until it has been examined by a veterinary inspector.

    (3) A person who, in the course of a laboratory examination of the carcase of an animal, or any semen, embryos or ova derived from an animal, reasonably suspects it is an animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, shall - 

(a) with all practicable speed, notify the fact to the Divisional Veterinary Manager;

(b) retain the sample examined and the remainder of the carcase until its disposal has been authorised in writing by a veterinary inspector; and

(c) if required in writing to do so by a veterinary inspector, surrender any samples, in whatever form, to such an inspector.

(a) admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier; or

(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 is absent,

he may issue a warrant authorising an inspector to enter the premises for that purpose if need be by reasonable force.

    (3) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his employees and any person on the premises who is or has been in possession or charge of any mammalian meat and bone meal or processed animal protein, any animal or carcase which is or has been on the premises, or any specified risk material which is or has been on the premises, shall - 

(a) provide such reasonable facilities and reasonable assistance to the inspector and comply with such reasonable requirements as the inspector considers necessary for any purpose in relation to the checks and assistance referred to in Article 21 of the Community TSE Regulation; and

(b) if required by an inspector, give such information as he possesses as to - 


(i) any mammalian meat and bone meal or processed animal protein, any animal or carcase, or any specified risk material, which is or has been on the premises;

(ii) any animal or carcase with which any mammalian meat and bone meal or processed animal protein, any animal or carcase, or any specified risk material, which is or has been on the premises may have come into contact; and

(iii) the location, transport and movement of any mammalian meat and bone meal or processed animal protein, any animal or carcase, or any specified risk material, which is or has been in his possession or charge.

    (4) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him - 

(a) such other persons as he considers necessary to give him such assistance as he considers necessary; and

(b) a representative of the European Commission acting for the purpose of the Community TSE Regulation or the Community Transitional Measures; and

(a) by delivering it to that person;

(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 by post to him at that office; or

(c) in the case of any other person, by leaving it, or sending it by post 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, operator 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", "operator" or "occupier" of the premises (naming them) and - 

(a) by delivering it to some person on the premises; or

(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.

(a) by agreement between the Secretary of State and the owner of the animal; or

(b) by a valuer appointed by the Secretary of State.

     3. A valuer appointed for the purpose of this regulation shall be paid by the Secretary of State.

     4. The valuer shall give to the Secretary of State and the owner a certificate in writing of the value he has determined.

     5. Where an animal was certified by a veterinary surgeon before slaughter as - 

(a) requiring slaughter for emergency reasons relating to the welfare of the animal;

(b) not fit for human consumption by virtue of its condition; and

(c) having no market value as a consequence,

there shall be no compensation payable for the animal.

(a) by agreement between the Secretary of State and the owner of the carcase, part or blood seized or disposed of; or

(b) by arbitration.

     3. The owner of a carcase, part of a carcase or blood seized or disposed of under regulation 8 shall pay any reasonable costs or expenses incurred by the Secretary of State in connection with the seizure or disposal.

     4. These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part or blood seized or disposed of.

     5. If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Secretary of State shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Secretary of State.

     6. The owner shall pay to the Secretary of State the amount of the excess within the period specified in the notice.

     7. On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Secretary of State from the owner.

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

(b) in the case of any other such animal, the amount of £90.

     3. Where an examination at a veterinary laboratory of the Secretary of State of tissues taken from the carcase of the sheep or goat does not confirm that it was an animal affected with a TSE, the compensation shall be whatever is the greater of - 

(a) the amount which would be payable under the preceding paragraph if the examination had confirmed it was an animal affected with a TSE; and

(b) such sum as appears to the Secretary of State, having regard to any information provided by the owner of the animal slaughtered 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 bovine animals
     4. The compensation payable for a bovine animal slaughtered under regulation 81 or 82 above shall be as specified in the remaining paragraphs of, and the Annexes to, this Part of this Schedule.

     5. The following definitions apply for the purposes of this Part of this Schedule as it relates to compensation payable for bovine animals - 

"affected animal" means a bovine animal which is affected with a TSE;

"barrener cattle" means adult female bovine animals which have had one or more calves and which are being sold for either immediate slaughter or further fattening before slaughter;

"bovine animal" means a bull, cow, steer, heifer or calf;

"exposed animal" means a bovine animal which has been exposed to the infection of a TSE;

"indicative market price" means a price calculated in accordance with Annex 1 to this Part of this Schedule;

"market value" means - 

(a) in the case of a bovine animal aged 30 months or over, either - 


(i) the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an affected or suspected animal or an exposed animal; or

(ii) the purchase price which would have applied had the animal been slaughtered at the time of valuation in accordance with Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom, as amended,



whichever is the higher; and

(b) in the case of a bovine animal aged under 30 months, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an affected, suspected or exposed animal; and

"suspected animal" means a bovine animal which is suspected of being affected with bovine spongiform encephalopathy.

     6. The compensation payable for an affected animal shall be an amount equal to either - 

(a) the market value of the animal; or

(b) the indicative market price for the month in which the market value of the animal was determined,

whichever is the less.

     7. Where a suspected animal is slaughtered and an examination at a veterinary laboratory of the Secretary of State of tissues taken from the carcase of the animal does not confirm that it was an animal affected with a TSE, the compensation shall be an amount equal to either - 

(a) the market value of the animal; or

(b) 125% of the indicative market price for the month in which the market value of the animal was determined,

whichever is the less.

     8. The market value of an affected or suspected bovine animal shall, for the purposes of payment of compensation under this Part of this Schedule, be determined - 

(a) by agreement between the Secretary of State and the owner of the animal;

(b) by one valuer appointed jointly by the Secretary of State and the owner; or

(c) failing such agreement or appointment, by a valuer nominated by the President of the Royal Institution of Chartered Surveyors.

     9. A valuer appointed or nominated under paragraph 8(b) or (c) above shall be paid by the Secretary of State and shall give to the Secretary of State and the owner a certificate in writing of the value of the animal valued under the appointment or nomination.

     10. The Secretary of State shall take such steps as she considers appropriate for the purpose of bringing to the notice of persons concerned the indicative market price in respect of each month and the total number of animals and the total sale price on which the calculation of such indicative market price was based.

     11. The compensation payable for an exposed animal shall be an amount equal to either - 

(a) in the case of a female animal, 90% of the replacement value of the animal calculated in accordance with paragraph (2) below, or, if higher, the market value of the animal; and

(b) in the case of a male animal, the market value of the animal,

enhanced, where the Secretary of State causes 10% or more of a herd to be slaughtered as exposed animals, by a percentage calculated in accordance with Annex 2 to this Part of this Schedule.

     12. For the purposes of paragraph 11(a) above the replacement value of a bovine animal is the value, at the time of valuation, of an animal in its first lactation of the same breed and quality as that animal.

     13. For the purposes of paragraph 11 above and Annex 2 to this Part of this Schedule "herd" means the bovine animals kept on a holding which - 

(a) in the case of female animals, are in milk or in calf; and

(b) in the case of male animals, have been used for breeding purposes,

and are managed as a separate production unit at the time notice of the decision of the Secretary of State to slaughter the animal is given to the keeper or other person in charge of the animal.

     14. In ascertaining the percentage of a herd slaughtered for the purpose of calculating any enhancement under paragraph 11 above, animals slaughtered under any voluntary slaughter scheme introduced in relation to exposed animals shall be included in the calculation as if they were animals caused to be slaughtered by the Secretary of State.

     15. The replacement value or market value, as the case may be, of a bovine animal which the Secretary of State causes to be slaughtered shall, for the purposes of payment of compensation under these Regulations, be determined - 

(a) by agreement between the Secretary of State and the owner of the animal;

(b) by one valuer appointed jointly by the Secretary of State and the owner; or

(c) failing such agreement or appointment, by a valuer nominated by the President of the Royal Institution of Chartered Surveyors.

     16. A valuer appointed or nominated under paragraph 15(b) or (c) above shall be paid by the Secretary of State and shall give to the Secretary of State and the owner a certificate in writing of the value of the animal valued under the appointment or nomination.

     17. Where an animal was certified by a veterinary surgeon before slaughter as - 

(a) requiring slaughter for emergency reasons relating to the welfare of the animal;

(b) not fit for human consumption by virtue of its condition; and

(c) having no market value as a consequence,

there shall be no compensation payable for the animal.

A equals the number of cattle aged less than 7 years when valued which were slaughtered as BSE suspects;

B equals the average price for Friesian and Holstein cows in milk and in calf, first calving cows in milk and down calving heifers, in each case of first and second quality;

C equals the number of cattle aged 7 years or more when valued which were slaughtered as BSE suspects; and

D equals the average purchase price paid in the case of barrener cattle of dairy breeds slaughtered in accordance with Commission Regulation (EC) No. 716/96 adopting exceptional measures for the support of the beef market in the United Kingdom, as amended,

the final figure being rounded down to the nearest multiple of £1.

(a) by agreement between the Secretary of State and the owner of the carcase, part or blood retained, seized or disposed of; or

(b) by arbitration.

     3. The owner of a carcase, part of a carcase or blood seized or disposed of under regulation 83 shall pay any reasonable costs or expenses incurred by the Secretary of State in connection with the seizure or disposal.

     4. These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part or blood seized or disposed of.

     5. If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Secretary of State shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Secretary of State.

     6. The owner shall pay to the Secretary of State the amount of the excess within the period specified in the notice.

     7. On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Secretary of State from the owner.

(a) by agreement between the Secretary of State and the owner of the animal; or

(b) by a valuer appointed by the Secretary of State.

     3. A valuer appointed for the purpose of this regulation shall be paid by the Secretary of State.

     4. The valuer shall give to the Secretary of State and the owner a certificate in writing of the value he has determined.

     5. Where an animal was certified by a veterinary surgeon before slaughter as - 

(a) requiring slaughter for emergency reasons relating to the welfare of the animal;

(b) not fit for human consumption by virtue of its condition; and

(c) having no market value as a consequence,

there shall be no compensation payable for the animal.

(a) carcase of a TSE suspect or confirmed animal or the carcase of a first generation progeny of any such animal;

(b) part of such a carcase or any blood derived from any such carcase or part; or

(c) semen, embryos or ova derived from any TSE suspect or confirmed animal;

seized or disposed of under regulation 92 shall be compensation to the owner of the carcase, part, blood or semen, embryos or ova of an amount equal to the value of the carcase, part, blood or semen, embryos or ova at the time it was seized or disposed of.

     2. The value of any carcase, part, blood or semen, embryos or ova seized or disposed of under regulation 92 shall be determined - 

(a) by agreement between the Secretary of State and the owner of the carcase, part, blood or semen, embryos or ova retained, seized or disposed of; or

(b) by arbitration.

     3. The owner of a carcase, part, blood or semen, embryos or ova seized or disposed of under regulation 92 shall pay any reasonable costs or expenses incurred by the Secretary of State in connection with the seizure or disposal.

     4. These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part, blood or semen, embryos or ova seized or disposed of.

     5. If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Secretary of State shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Secretary of State.

     6. The owner shall pay to the Secretary of State the amount of the excess within the period specified in the notice.

     7. On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Secretary of State from the owner.

(a) measuring equipment to check temperature and, if necessary, pressure at critical points;

(b) recording devices to record continuously the results of measurements; and

(c) an adequate safety system to prevent insufficient heating.

     6. To prevent recontamination of processed specified risk material by incoming specified risk material, there must be clear separation between the area of the premises where the incoming specified risk material is unloaded and rendered and the areas set aside for further processing of the heated specified risk material and the storage of finished specified risk material products.

     7. The premises must have adequate facilities for cleaning and disinfecting the containers or receptacles in which unprocessed specified risk material is received and the vehicles in which it is transported.

     8. Adequate facilities must be provided for disinfecting the wheels, immediately before their departure, of vehicles transporting specified risk material or leaving the unclean section of the premises.

"barrener cattle" means adult female bovine animals which have had one or more calves and which are being sold either for immediate slaughter or for further fattening before slaughter;

"beef breeding offspring animal" means an offspring animal, other than a pedigree offspring animal or a productive offspring animal, intended for suckler production;

"beef offspring animal" means an offspring animal, other than a pedigree offspring animal or a productive offspring animal, intended for the production of meat for human consumption;

" El Salvador
Panama".

" El Salvador
Panama".

     2. In regulation 4(7) the words "Austria, Finland or" shall be deleted.

(a) the administration and enforcement of the following directly applicable Community legislation ("the Community TSE Regulation and Community Transitional Measures") - 


     Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22nd May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ No. L 147, 31.5.2001, p.1) ("the Community TSE Regulation");

     Commission Regulation (EC) No 1248/2001 of 22nd June 2001 amending Annexes III, X and XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards epidemio-surveillance and testing of transmissible spongiform encephalopathies (OJ No. L 173, 27.6.2001, p.12);

     Commission Regulation (EC) No 1326/2001 of 29th June 2001 laying down transitional measures to permit the changeover to the Regulation of the European Parliament and of the Council (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation (OJ No. L 177, 30.6.2001, p.61); and

     Commission Regulation (EC) No 270/2002 of 14 February 2002 amending Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards specified risk material and epidemio-surveillance for transmissible spongiform encephalopathies and amending Regulation (EC) No. 1326/2001 as regards animal feeding and placing on the market of ovine and caprine animals and products thereof (OJ No. L 45, 15.2.2002, p.4); and



(b) continuing the implementation of Council Decision 2000/766/EC (OJ No. L 306, 7.12.2000, p.32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Commission Decision 2001/9/EC (OJ No. L 2, 5.1.2001, p.32) concerning control measures required for the implementation of Council Decision 2000/766/EC, in accordance with Article 1(2) of Commission Regulation (EC) No 1326/2001.

The Regulations come into force on 19th April 2002.

Part I of these Regulations contain introductory provisions. These include the application provisions of regulation 2 and the interpretation provisions of regulation 3. (Provision as respects England for the administration and enforcement of the Community TSE Regulation and the Community Transitional Measures in relation to trade is intended to be made by a separate instrument.)

Part II of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to TSE monitoring. These are provisions for TSE monitoring, movement prohibitions and restrictions of TSE susceptible animals; slaughter of TSE susceptible animals at slaughterhouses and at other premises; retention and seizure of carcases etc. of TSE susceptible animals; provision for compensation; and provision for notifications.

Part III of these Regulations makes provision in relation to animal feeding. It continues the implementation of Council Decision 2000/766/EC (OJ No. L 306, 7.12.2000, p.32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Commission Decision 2001/9/EC (OJ No. L 2, 5.1.2001, p.32) concerning control measures required for the implementation of Council Decision 2000/766/EC, in accordance with Article 1(2) of Commission Regulation (EC) No 1326/2001. Article 1(2) of Commission Regulation (EC) No 1326/2001, and section C of Annex XI to the Community TSE Regulation (added by Article 3(3) of, and Annex IV to, Commission Regulation (EC) No 1326/2001) provide that this Council Decision and Commission Decision remain in force. The implementation of these Decisions was previously provided by the Processed Animal Protein (England) Regulations 2001, revoked in part by these Regulations. Part III also includes provisions dealing with matters arising out of and related to these Decisions, including provisions relating to feeding ruminants with mammalian protein and livestock with mammalian meat and bone meal.

Part IV of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to specified risk material. These are prohibitions on the removal, collection or disposal of specified risk material except at licensed premises; provisions for licensing of premises for the removal, collection or disposal of specified risk material; prohibitions on the sale of specified risk material for human consumption; prohibitions relating to mechanically recovered meat and pithing; provisions for the separation of live animals and products of animal origin in premises which use specified risk material in production and live animals in or intended for research; prohibitions on feeding specified risk material to animals; provisions relating to transport and storage of specified risk material; requirements to make and keep records; requirements for cleansing and disinfection; powers of inspectors; provisions relating to compliance with notices, suspension and revocation of licences; appeals against suspension and revocation of licences; and offences.

Part V of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to control and eradication of TSE. These are provisions for notifications of animals suspected of being affected by a TSE; measures with respect to animals suspected of being affected by a TSE; movement prohibitions and restrictions of animals suspected of being affected by a TSE; slaughter of animals suspected of being affected by a TSE; retention and seizure of carcases etc. of TSE susceptible animals; provisions for compensation; prohibitions in respect of the sale or supply of milk from affected or suspected animals and requirements for cleansing and disinfection.

Part VI of these Regulations makes provision in relation to placing on the market of first generation progeny of, and semen, embryos and ova derived from, certain animals. Part VI also makes provision for the continued implementation of Council Decision 98/256/EC (OJ No. L 113, 15.4.98, p.32), concerning emergency measures to protect against bovine spongiform encephalopathy, amending Decision 94/474/EC and repealing Decision 96/239/EC, in relation to offspring of bovine animals. An offspring for this purpose is any bovine animal born to a dam which is affected or suspected of being affected with BSE when it gave birth to the animal or which subsequently becomes affected or suspected of being affected with BSE. Council Decision 98/256/EC remains in force as a transitional measure by virtue of Article 1(1) of Commission Regulation (EC) No 1326/2001 and section D of Annex XI to the Community TSE Regulation (added by Article 3(3) of, and Annex IV to, Commission Regulation (EC) No 1326/2001). The implementation of Council Decision 98/256/EC in relation to offspring animals was previously provided by the Offspring Slaughter Regulations 1998, S.I. 1998/3070, revoked by these Regulations.

Part VII of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to sampling and laboratory methods.

Part VIII of these Regulations makes further provision for offences and penalties and provides for enforcement of the Regulations.

Part IX of these Regulations contains supplementary provisions for service of notices and other documents, amendments and revocations and savings.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the TSE Directorate of the Department for Environment, Food and Rural Affairs, 1A Page Street, London SW1P 4PQ.