The Specified Bovine Material (Treatment and Disposal) (No. 3) Regulations (Northern Ireland) 1996

Link to law: http://www.legislation.gov.uk/nisr/1996/390/made/data.htm?wrap=true
Published: 1996-08-26

Statutory Rules of Northern Ireland
1996 No. 390

FOOD SAFETY
The Specified Bovine Material (Treatment and Disposal) (No. 3) Regulations (Northern Ireland) 1996

Made
26th August 1996

Coming into operation
26th August 1996

Whereas it appears to the Department of Agriculture acting as the Department concerned that it is necessary or expedient—

(a)
for the purposes of ensuring that food complies with food safety requirements or in the interests of public health; or

(b)
for the purposes of protecting or promoting the interests of consumers,

to make the following regulations;

Now therefore the said Department concerned, in exercise of the powers conferred by Articles 15(1) and (3), 16(1), 18(1), 25, 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991(1) and of every other power enabling it in that behalf, and after consultation, in accordance with Article 47(3) of that Order, with such organisations that appear to it to be representative of interests substantially affected by the Regulations, hereby makes the following Regulations:
Citation and commencement

1.  These Regulations, which relate to material which may contain the agent causing bovine spongiform encephalopathy and which implement paragraph 3(a) of Article 3 of Commission Decision 94/474/EC (concerning certain protection measures relating to bovine spongiform encephalopathy and repealing Decision 89/469/EEC and 90/200/EEC(2) may be cited as the Specified Bovine Material (Treatment and Disposal) (No. 3) Regulations (Northern Ireland) 1996 and shall come into operation on 26th August 1996.

Interpretation

2.—(1) In these Regulations—

“approved” means approved by the Department;

“the Department” means the Department of Agriculture;

“feeding stuff” means feeding stuff as defined in section 66(1) of the Agriculture Act 1970(3);

“intestines” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum;

“the Order” means the Food Safety (Northern Ireland) Order 1991;

“processed” means processed in accordance with the provisions of Article 6 of the SBM Order;

“the SBM Order” means the Specified Bovine Material Order (No. 2) (Northern Ireland) 1996(4);

“scheme animal” means a bovine animal which has been slaughtered pursuant to the purchase, slaughter and disposal scheme introduced under Commission Regulation (EC) No. 716/96(5) adopting exceptional support measures for the beef market in the United Kingdom;

“sell” includes have in possession for sale or offer or expose for sale;

“slaughterhouse” means any building, premises or place for slaughtering animals the flesh of which is intended for sale for human consumption;

“specified bovine material” means—

(a)
subject to paragraph (d) of this definition, the head (including the brain but excluding the tongue), spinal cord, spleen, thymus, tonsils and intestines of a bovine animal six months old or over which has died in the United Kingdom or has been slaughtered there;

(b)
the thymus and intestines of a bovine animal two months old or over but less than six months old which has died in the United Kingdom or has been slaughtered there;

(c)
the thymus and intestines of a bovine animal under two months old which has been slaughtered in the United Kingdom for human consumption;

(d)
subject to paragraph (4), the head (including the brain and the tongue), spinal cord, spleen, thymus, tonsils and intestines of a scheme animal; and

(e)
specified solid waste,

and includes anything left attached to such material after dissection of the carcase and any animal matter which comes into contact with the material after it has been removed from the carcase, but does not include the whole carcase;

“specified solid waste” means any solid matter resulting from the slaughter of bovine animals, or from the subsequent processing of their carcases, which is collected in any part of the drainage system draining any place where specified bovine material is handled;

“stain” in relation to any material except in regulation 7(8) means treat (either by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051)(6) in such a way that the colouring is clearly visible over the whole surface of the material;

“tallow” means fat derived from animal tissues by a process of cooking; and

“vertebral column” means the whole or any part thereof and includes the sacrum but does not include the coccygeal vertebrae.

(2) In these Regulations the expression “mechanical means” does not include the use of hand powered knives which do not use powered pressure or suction.

(3) The provisions of these Regulations shall apply to specified bovine material from a scheme animal, except that the provisions appearing in Column 1 of the Table in the Schedule shall apply only to the extent, and subject to the modifications, specified in Column 2 thereof.

(4) For the purposes of these Regulations, material shall be treated as a feeding stuff whether it is used or intended for use as a feeding stuff by itself or as an ingredient or additive in something which is so used or intended for such use.

Approvals

3.—(1) The Department may, on application, approve any premises for the purposes of these Regulations if it is satisfied that such premises are properly equipped to carry out the functions to which the approval relates and comply with the requirements of these Regulations.

(2) Any approval granted under these Regulations shall be in writing and may be made subject to conditions and be amended, suspended or revoked at any time by notice in writing served on the person to whom the approval was granted if the Department is satisfied that the conditions of these Regulations, or any additional conditions in the approval are not being complied with.

Specified bovine material for human consumption

4.—(1) A person shall not sell any specified bovine material, or any food containing specified bovine material, for human consumption.

(2) A person shall not use any specified bovine material in the preparation of food for sale for human consumption.

(3) A person shall not sell any specified bovine material for use in the preparation of food for human consumption.

(4) For the purposes of this regulation “specified bovine material” includes anything derived from it.

Prohibitions applying to the vertebral column

5.—(1) A person shall not use the vertebral column of a bovine animal in the recovery of meat by mechanical means.

(2) A person shall not use, in the preparation of food for sale for human consumption, any meat which has been recovered by mechanical means from the vertebral column of a bovine animal.

(3) A person shall not use the vertebral column of a bovine animal from which meat has been cut, to produce food other than fat or gelatin for sale for human consumption.

Registration of premises on which meat is recovered by mechanical means from bovine animals

6.—(1) A person shall not on any premises recover meat by mechanical means from the carcase of a bovine animal unless his name and the address of those premises are registered with the Department.

(2) The Department shall keep a register for the purposes of paragraph (1).

(3) An application for registration under this regulation shall be in writing and be in such form and manner as the Department may require.

(4) The Department shall refuse to register the name of any person in respect of any premises unless the following particulars are notified to it in writing:

(a)the business name, if any;

(b)the name and address of the person who carries on the business;

(c)the address and telephone number of the business;

(d)the address of each premises at which meat is recovered by mechanical means from a bovine animal in the course of the business.

(5) A person whose name is registered in respect of any premises shall notify the Department in writing of any change in the particulars previously notified to it under paragraph (4) within 14 days of any such change.

Initial treatment of bovine carcases in a slaughterhouse

7.—(1) When a bovine animal is slaughtered in a slaughterhouse, or slaughtered elsewhere than in a slaughterhouse but brought immediately to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse (in this regulation referred to as “the occupier”) shall ensure that all specified bovine material is removed from the rest of the carcase.

(2) Subject to the following provisions of this regulation, the occupier shall ensure that specified bovine material (other than the head) which has been removed from a bovine animal is immediately, and in any event before it is frozen, stained.

(3) The occupier shall ensure that the head removed from a bovine animal is stained immediately, except that, if the tongue is to be removed from the head, this shall be done immediately after slaughter of the animal and the head shall be stained immediately after removal of the tongue.

(4) The occupier shall ensure that the specified bovine material does not come into contact with any other animal material while in the slaughterhouse and that it is disposed of in accordance with these Regulations.

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

(6) In the case of specified bovine material which is to be intended to be examined by or on behalf of an officer of the Department or a veterinary surgeon, the specified bovine material shall not be stained until after the completion of such examination.

(7) The requirement to stain specified bovine material shall not apply in the case of specified bovine material which is intended to be used for non-food or non-feeding stuff purposes in accordance with Article 8 of the SBM Order.

(8) In the case of a scheme animal, the occupier shall ensure that, once the specified bovine material has been removed, the remainder of the carcase (excluding the hide) is stained immediately with a 0.5% weight/volume solution of the colouring agent Tartrazine E102, Colour Index No. 19140, in such a way that the colouring is clearly visible over the whole surface.

Initial treatment of specified bovine material elsewhere than at a slaughterhouse

8.—(1) Subject to the provisions of this regulation, when specified bovine material is removed from the carcase of a bovine animal elsewhere than in a slaughterhouse, the occupier of the premises at which the specified bovine material is removed (in this regulation referred to as “the occupier”) shall ensure that it is stained immediately, and in any event before it is frozen.

(2) The occupier shall ensure that the specified bovine material does not come into contact with any other animal material while on the premises and that it is consigned in accordance with Article 9 of the SBM Order and disposed of in accordance with these Regulations.

(3) In the case of specified bovine material which is intended to be examined by or on behalf of the Department or a veterinary surgeon, the specified bovine material shall not be stained until after the completion of such examination.

(4) The requirement to stain specified bovine material shall not apply in the case of specified bovine material which is intended to be used for non-food or non-feeding stuff purposes in accordance with Article 8 of the SBM Order.

(5) The provisions of this regulation shall not apply in the case of a post-mortem examination carried out by a veterinary surgeon or a veterinary practitioner provided that he makes arrangements for the disposal of the whole carcase by burial.

Exceptions from the requirement to stain specified bovine material

9.—(1) The requirements in regulations 6 and 7 to stain the specified bovine material shall not apply—

(a)if the specified bovine material is to be sent to a veterinary or medical school, laboratory, hospital or similar institution for instructional, diagnostic or research purposes; or

(b)to specified solid waste,

provided that it is stored separately from all other animal materials and is clearly identified as specified bovine material.

(2) A person shall not transport specified bovine material to premises specified in paragraph (1)(a) unless the specified bovine material is in a container marked with—

(a)the words “specified bovine material”;

(b)the place of destination; and

(c)the name of the person to whom it is being sent.

(3) Any person delivering specified bovine material to premises specified in paragraph (1)(a) shall state in writing to the occupier of the premises the place from which the specified bovine material was collected for delivery.

(4) The person to whom the specified bovine material is consigned in accordance with this regulation shall record on its arrival—

(a)the weight of the specified bovine material delivered;

(b)the date of delivery; and

(c)the place from which it was consigned,

and shall keep such records for two years from the date of arrival.

(5) When any specified bovine material is no longer needed, the person to whom it was consigned in accordance with this regulation shall ensure that any residual specified bovine material is buried or effectively destroyed and shall keep a record for two years of the place and method of burial or destruction.

Prohibition on the removal of the brain and eyes of a bovine animal

10.—(1) A person shall not in any premises remove the brain or eyes from the head of a bovine animal except—

(a)for the purposes of veterinary or scientific examination; and

(b)in a part of the premises kept free at all times from food intended for human consumption.

(2) The prohibition in paragraph (1) shall not apply to the removal under Article 29 of the Order of the eyeballs of bovine animals at the place of slaughter by a veterinary inspector or other authorised officer of the Department for the purposes of analysis under Article 31(1) of the Order.

Prohibition on the removal of the spinal cord of a bovine animal

11.—(1) A person shall not remove the spinal cord from the vertebral column of a bovine animal aged six months or over except in a slaughterhouse or for the purposes of veterinary or scientific examination.

(2) If the spinal cord is removed from a bovine animal in a slaughterhouse, it shall be disposed of as specified bovine material in accordance with these Regulations.

(3) If the spinal cord is removed from a bovine animal at any premises other than a slaughterhouse for the purposes of veterinary or scientific examination, after such examination both the spinal cord and vertebral column shall be disposed of as specified bovine material in accordance with the provisions of these Regulations.

Approved incinerators

12.—(1) Any person delivering specified bovine material to an approved incinerator shall state in writing to the operator of the incinerator the place from which that specified bovine material was collected for delivery to that incinerator.

(2) A person shall not operate an incinerator for incinerating specified bovine material unless—

(a)the incinerator has been approved by the Department as having suitable facilities to incinerate specified bovine material in accordance with paragraph (4);

(b)he disposes of the ash in such a way that it does not pose a risk to human or animal health; and

(c)the incinerator is equipped with a refractory lining and is heated by fuel conveyed into the incinerator during incineration by mechanically forced draught.

(3) The operator of an approved incinerator shall record on arrival of specified bovine material at the premises—

(a)the weight of the specified bovine material delivered;

(b)the date of delivery; and

(c)the place from which it was consigned,

and shall keep such records for two years from the date of arrival.

(4) The operator of an approved incinerator shall—

(a)incinerate all specified bovine material delivered to him to the standard specified in the approval and in such a way that all moisture is removed and the material is reduced to ash; and

(b)ensure that all ash is disposed of in accordance with the terms of the approval.

(5) A person shall not remove specified bovine material from an approved incinerator unless it has been completely incinerated.

Disposal of processed specified bovine material

13.—(1) After the specified bovine material has been processed and separated into protein and tallow in a rendering plant licensed under Article 6(1) of the SBM Order the operator of the rendering plant shall ensure that—

(a)all protein is placed in a container labelled “specified bovine material” and—

(i)disposed of by burial at a landfill site for which there exists a disposal licence granted under Article 7 of the Pollution Control and Local Government (Northern Ireland) Order 1978(7); or

(ii)sent to premises licenced under Article 8(1) of the SBM Order for use in a manufacturing process; or

(iii)sent to an approved incinerator for incineration; and

(b)all tallow is placed in a container labelled “specified bovine material” and—

(i)disposed of by burial at a landfill site for which there exists a disposal licence granted under Article 7 of the Pollution Control and Local Government (Northern Ireland) Order 1978(7); or

(ii)sent for purposes not connected with the preparation of food or feeding stuffs; or

(iii)sent for treatment by thermal hydrolysis at hyperbaric pressure.

(2) Protein and tallow produced from animal material, other than specified bovine material, from scheme animals shall be disposed of by burning in an approved incinerator and for this purpose regulation 12 shall apply in relation to such material as if it were specified bovine material.

(3) The operator of a rendering plant licensed under Article 6 of the SBM Order shall keep a record for two years of the weight of protein consigned and a separate record of the weight of tallow consigned, and in each case the date of such consignment and the place of destination.

Approved premises not connected with food and feeding stuffs

14.—(1) This regulation shall apply to premises approved by the Department as being suitable to process specified bovine material for use in a manufacturing process, provided that such manufacture is not in any way connected with food or feeding stuffs and does not pose a risk to human or animal health.

(2) A person delivering specified bovine material to premises approved under this regulation shall state in writing to the operator of the premises concerned the place from which that specified bovine material was collected for delivery to those premises.

(3) A person shall not process specified bovine material at premises approved under this regulation except in accordance with the conditions of the approval.

(4) The operator of premises approved under this regulation shall record on the arrival of specified bovine material at the premises—

(a)the weight of the specified bovine material delivered;

(b)the date of delivery; and

(c)the place from which it was consigned,

and shall keep such records for two years from the date of arrival.

Powers to give directions

15.—(1) If the Department is satisfied that specified bovine material cannot be disposed of in accordance with these Regulations, whether for reason of mechanical breakdown of equipment or otherwise, it may give written directions to the owner or person in control of the specified bovine material for its disposal in a safe manner.

(2) In the event of any person not complying with those directions, the Department may make arrangements for the disposal of the specified bovine material at the expense of the owner.

Storage

16.—(1) Subject to paragraph (2), a person shall not store specified bovine material in the same room as food or feeding stuff.

(2) The requirement in paragraph (1) shall not apply where an authorised officer or an officer of the Department has approved the storage of specified bovine material in the same room as food or feeding stuff on being satisfied that the arrangements for storage will ensure the adequate separation of the specified bovine material from the food or feeding stuff.

Offences

17.  A person who contravenes these Regulations or any direction given under these Regulations, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the Standard Scale.

Enforcement

18.  These Regulations shall be enforced and executed by the Department.

Application of the Order

19.—(1) The provisions of the Order set out in paragraph (2) shall apply for the purposes of these Regulations as they apply for the purposes of the Order and, accordingly, any reference in the provisions set out in paragraph (2) to the Order shall be construed as including a reference to these Regulations.

(2) The following are the provisions of the Order mentioned in paragraph (1), that is to say—

(a)Article 2(4) and 3 (extending meaning of “sale” etc.);

(b)Article 4 (presumptions that food intended for human consumption);

(c)Article 8 (inspection and seizure of suspected food);

(d)Article 34 (obstruction, etc., of officers);

(e)Article 35 (time limit for prosecutions).

Savings

20.—(1) Any approval granted under any provision of the Specified Bovine Material (Treatment and Disposal) (No. 2) Regulations (Northern Ireland) 1996(8) (“the 1996 (No. 2) Regulations”) shall continue to operate as if granted under the equivalent provision of these Regulations.

(2) Any premises registered under and for the purposes of any provision of the 1996 (No. 2) Regulations shall continue to be so registered under and for the purposes of the equivalent provision of these Regulations.

Sealed with the Official Seal of the Department of Agriculture on 26th August 1996.

L.S.
P. T. Toal
Assistant Secretary

Regulation 2(3)

SCHEDULEApplication of the Regulations to Scheme Animals

Provision of the Regulations
Extent to which Provision applies to Scheme animals

Regulation 5
Not applicable

Regulation 6
Not applicable

Regulation 7(3)
Subject to the modification that the tongue may not be removed

Regulation 7(4)
Subject to the modification that from the point at which specified bovine material is removed from the slaughterhouse, it may come into contact with any animal material from a scheme animal

Regulation 7(7)
Not applicable

Regulation 8
Not applicable

Regulation 9(1)
Subject to the modification that the exception shall apply only where examination in accordance with regulation 7(6) so requires

Regulation 9(5)
Subject to the modification that the words “buried or” and “burial or” shall be deemed to be deleted

Regulation 10(1)(a)
Subject to the modification that the exception shall apply only where examination in accordance with regulation 7(6) so requires

Regulation 13(1)
Subject to the modification that protein and tallow produced from specified bovine material of scheme animals shall be disposed of by burning in an approved incinerator

Regulation 14
Not applicable

Explanatory Note

(This note is not part of the Regulations.)
These Regulations re-enact the Specified Bovine Material (Treatment and Disposal) (No. 2) Regulations (Northern Ireland) 1996, which cease to have effect as a consequence of the repeal of the remaining provisions of the Food (Northern Ireland) Order 1989. They implement various Directives first specified in the Specified Bovine Offal (Treatment and Disposal) Regulations (Northern Ireland) 1995 and the Mechanically Recovered Meat Regulations (Northern Ireland) 1995.


(1)
S.I. 1991 No. 762 (N.I. 77) as amended by S.I. 1996 No. 1933 (N.I. 12)

(2)
O.J. No. L194, 29.7.94, p. 96

(3)
1979 c. 40, the definition of “feeding stuff” in section 66 was substituted by regulation 20(1) of the Feeding Stuffs Regulations (Northern Ireland) 1995 (S.R. 1995 No. 451); regulation 3 of those Regulations prescribes descriptions of animals for the purpose of the definition

(4)
S.R. 1996 No. 360

(5)
O.J. No. L99, 19.4.96, p. 14

(6)
Colour Index is published by the Society of Dyers and Colourists at Perkin House, 82 Grattan Road, Bradford, West Yorkshire BD1 2JB

(7)
S.I. 1978/1049 (N.I. 19)

(8)
S.R. 1996 No. 134
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