The Transmissible Spongiform Encephalopathies Regulations 2006

UK Statutory Instrument 2006 No. 68 — creates 72 criminal offences.

Made

17 January 2006

In force from

1 March 2006

Extent

Not stated

Subject

Dogs, animals, hunting and wildlife

Made under

(EC) No. 178/2002, European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which apply in England, revoke and remake with amendments the TSE (England) Regulations 2002, which enforced Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ No L 147, 31.5.2001, p 1) as amended by and as read with the provisions in Schedule 1 (“the Community TSE Regulation”). The Regulations provide that the Secretary of State is the competent authority for the purposes of the Community TSE Regulation (except in Schedule 6, where the competent authority is the Food Standards Agency) (regulation 3) and provide an exception for research (regulation 4). The provisions in Part 2 introduce the Schedules. Part 3 deals with administration and enforcement. Regulations 10 to 14 deal with approvals, authorisations, licences and registrations, occupier’s duties, suspension, amendment and revocations of approvals, etc., and an appeals procedure. Regulation 15 deals with valuations. Regulations 16 to 18 give powers to the Secretary of State and the local authority to appoint inspectors, and deal with powers of entry and powers of inspectors. Regulation 19 provides for a notice procedure, and regulation 20 provides for licences permitting movement during a movement restriction. Regulations 21 to 23 deal with obstruction of an inspector, penalties, and offences by a body corporate. A person guilty of an offence under these Regulations is liable— c on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term of three months or both, or d on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both. Schedule 1 lists provisions that amend Regulation (EC) No 999/2001 and with which it must be read. Schedule 2 deals with monitoring for TSEs. Paragraph 1 provides for notification to the Secretary of State of fallen stock that must be tested for TSE under the Community TSE Regulation. Paragraph 2 makes it an offence to consign an over-age animal to a slaughterhouse for human consumption, and to slaughter such an animal for human consumption. Paragraph 3 provides for brain stem sampling of specified bovine animals. Paragraph 4 creates a requirement for anyone slaughtering animals over 30 months old for human consumption to have a Required Method of Operation. Paragraph 5 provides for retention of products and their disposal, and paragraph 6 deals with compensation. Paragraphs 7 to 14 specify the minimum requirements that must appear in a Required Method of Operation. Schedule 3 deals with control and eradication of TSEs in bovine animals. Paragraph 1 provides for notification of a suspect animal to the Secretary of State. Paragraphs 2 and 3 provide for the restriction and slaughter of the suspect. Paragraphs 4 and 5 deal with the offspring and cohorts of the suspect. Paragraph 6 deals with compensation for an animal that dies under restriction, and paragraph 7 deals with placing on the market. Paragraphs 8 to 10 deal with compensation. Schedule 4 deals with control and eradication of TSEs in sheep and goats. Paragraph 1 provides for notification of a suspect animal to the Secretary of State. Paragraphs 2 and 3 provide for the restriction and slaughter of the suspect. Paragraphs 4 and 5 deal with movement restrictions. Paragraphs 6 to 8 provide for action following confirmation. Paragraph 9 provides for time for appeals, and paragraph 10 provides for killing and destruction. Paragraphs 11 to 13 deal with infected animals from another holding, common grazing and multiple flocks on a holding. Paragraph 14 deals with subsequent occupiers of the land. Paragraphs 15 to 21 set out the procedure to be followed after the killing or destruction. Paragraph 15 restricts the introduction of animals on to a holding. Paragraph 16 regulates the use of ovine germinal products, and paragraph 17 restricts the movement of animals from a holding. Paragraph 18 specifies when the time relating to restrictions begins. Paragraph 19 provides for notification of animals that die while under restriction. Paragraph 20 deals with placing on the market of progeny, and paragraph 21 requires notification to the Secretary of State before the owner may consign sheep aged over 18 months for slaughter. Paragraph 22 deals with derogations from the requirement for the killing and destruction of sheep and goats. Paragraphs 23 to 25 deal with compensation. Schedule 5 deals with feedingstuffs. Paragraphs 1 to 3 prohibit feeding specified feedingstuffs to ruminant and non-ruminant animals, and provide for exceptions. Paragraphs 4 and 5 provide for movement restrictions and slaughter of animals suspected of having been fed prohibited feedingstuffs, and paragraph 6 provides for compensation. Paragraph 7 prohibits the slaughter for human consumption of restricted animals. Paragraphs 8 and 9 regulate the production and use of fishmeal for feeding to non-ruminant animals. Paragraphs 10 and 11 regulate feedingstuffs containing dicalcium phosphate or tricalcium phosphate. Paragraphs 12 and 13 regulate feedingstuffs containing blood products and blood meal. Paragraph 14 makes provision for changes in use of equipment. Paragraphs 15 and 16 control the manufacture, storage and transport of processed animal protein and products containing it. Paragraph 17 controls exports, and paragraph 18 regulates fertilisers derived from animal protein. Paragraph 19 deals with records, and paragraph 20 deals with cross-contamination. Schedule 6 deals with specified risk material, mechanically recovered meat and slaughtering techniques. Paragraph 1 appoints the Food Standards Agency as the competent authority for this Schedule. Paragraph 2 makes provision for training of slaughterhouse staff. Paragraph 3 deals with mechanically recovered meat, paragraph 4 with pithing and paragraph 5 with tongue harvesting. Paragraph 6 controls the removal of specified risk material, and paragraphs 7 and 8 deal with bovine animals and sheep and goats at a slaughterhouse. Paragraph 9 deals with young lamb and goat stamps. Paragraph 10 deals with the removal of spinal cord from sheep and goats. Paragraph 11 provides for the authorisation of cutting plants, and paragraph 12 controls the removal of specified risk material at a cutting plant. Paragraph 13 deals with meat from other member States and paragraph 14 prohibits the export of specified risk material. Paragraphs 15 and 16 require the staining of specified risk material, and paragraph 17 provides for the security of specified risk material. Paragraph 18 prohibits the supply of specified risk material for human consumption. A regulatory impact assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the BSE and Animal By-Products Division, Department for Environment, Food and Rural Affairs, Area 301, 1a Page Street, London SW1P 4PQ.

Offences created by this instrument

• For the purposes of monitoring under Article 6 of the Community TSE Regulation, a person who has in his possession or… paragraph 1(1) of SCHEDULE 2 · Revoked · Strict liability
• Prohibition on feeding animal protein to ruminants paragraph 1(1) of SCHEDULE 5 · Revoked · Strict liability
• Prohibition on feeding animal protein to ruminants paragraph 1(2) of SCHEDULE 5 · Revoked · Strict liability
• Control and eradication of TSE - notification paragraph 1(4) of SCHEDULE 3 · Revoked · Strict liability
• Removal of spinal cord from sheep and goats paragraph 10 of SCHEDULE 6 · Revoked · Strict liability
• Killing and destruction following confirmation paragraph 10(3) of SCHEDULE 4 · Revoked · Strict liability
• Failure to comply with paragraph 10 is an offence paragraph 11(1) of SCHEDULE 5 · Revoked · Strict liability
• It is an offence for a home compounder registered under paragraph 10(1)(b) to— a keep ruminants; b consign… paragraph 11(2) of SCHEDULE 5 · Revoked · Strict liability
• It is an offence for any person producing feedingstuffs in accordance with point C(a)(ii) of Part II of Annex IV to… paragraph 11(3) of SCHEDULE 5 · Revoked · Strict liability
• Removal of specified risk material at a cutting plant paragraph 12 of SCHEDULE 6 · Revoked · Objective fault
• Meat from another member State paragraph 13 of SCHEDULE 6 · Revoked · Strict liability
• Failure to comply with paragraph 12 is an offence paragraph 13(1) of SCHEDULE 5 · Revoked · Strict liability
• It is an offence for any person collecting blood in accordance with the second paragraph of point D(a) of Part II of… paragraph 13(2) of SCHEDULE 5 · Revoked · Strict liability
• It is an offence for any person producing blood products or blood meal in accordance with the second paragraph of… paragraph 13(3) of SCHEDULE 5 · Revoked · Strict liability
• It is an offence for any person producing feedingstuffs in accordance with point D(c)(ii) of Part II of Annex IV to… paragraph 13(4) of SCHEDULE 5 · Revoked · Strict liability
• It is an offence for a home compounder registered under paragraph 12(4)(b) to— a keep ruminant animals where blood… paragraph 13(5) of SCHEDULE 5 · Revoked · Strict liability
• Subsequent occupiers paragraph 14 of SCHEDULE 4 · Revoked · Strict liability
• Change in use of equipment paragraph 14 of SCHEDULE 5 · Revoked · Strict liability
• Exports to third countries paragraph 14 of SCHEDULE 6 · Revoked · Strict liability
• Introduction of animals on to a holding paragraph 15 of SCHEDULE 4 · Revoked · Strict liability
• It is an offence to store or transport— a bulk processed animal protein (other than fishmeal); or b bulk products,… paragraph 15(1) of SCHEDULE 5 · Revoked · Strict liability
• Staining specified risk material paragraph 15(1) of SCHEDULE 6 · Revoked · Strict liability
• It is an offence to store or transport bulk fishmeal, dicalcium phosphate, tricalcium phosphate, blood products of… paragraph 15(2) of SCHEDULE 5 · Revoked · Strict liability
• In addition to the requirements of sub-paragraphs (1) and (2), it is an offence to transport bulk processed animal… paragraph 15(3) of SCHEDULE 5 · Revoked · Strict liability
• Use of ovine germinal products paragraph 16 of SCHEDULE 4 · Revoked · Strict liability
• Conditions applying to the manufacture and transport of petfood or feedingstuffs paragraph 16(1) of SCHEDULE 5 · Revoked · Strict liability
• Conditions applying to the manufacture and transport of petfood or feedingstuffs paragraph 16(2) of SCHEDULE 5 · Revoked · Strict liability
• Movement of animals from a holding paragraph 17 of SCHEDULE 4 · Revoked · Strict liability
• Export of processed animal protein to third countries paragraph 17(1) of SCHEDULE 5 · Revoked · Strict liability
• Export of processed animal protein to third countries paragraph 17(2) of SCHEDULE 5 · Revoked · Strict liability
• Prohibition on the supply of specified risk material for human consumption paragraph 18 of SCHEDULE 6 · Revoked · Strict liability
• Fertilisers paragraph 18(1) of SCHEDULE 5 · Revoked · Requires proof of a state of mind
• Fertilisers paragraph 18(2) of SCHEDULE 5 · Revoked · Strict liability
• Death while under restriction paragraph 19 of SCHEDULE 4 · Revoked · Strict liability
• Record keeping for transport etc. of reject petfood paragraph 19(4) of SCHEDULE 5 · Revoked · Strict liability
• Consignment and slaughter of an over-age bovine animal paragraph 2 of SCHEDULE 2 · Revoked · Strict liability
• Training paragraph 2 of SCHEDULE 6 · Revoked · Strict liability
• Prohibition on feeding animal protein to non-ruminants paragraph 2(1) of SCHEDULE 5 · Revoked · Strict liability
• Prohibition on feeding animal protein to non-ruminants paragraph 2(5) of SCHEDULE 5 · Revoked · Strict liability
• Placing on the market of progeny of BSE affected sheep and goats paragraph 20 of SCHEDULE 4 · Revoked · Strict liability
• It is an offence to supply an ingredient of feedingstuff produced on premises where any processed animal protein is… paragraph 20 of SCHEDULE 5 · Revoked · Strict liability
• Brain stem sampling of bovine animals paragraph 3(1) of SCHEDULE 2 · Revoked · Strict liability
• Mechanically recovered meat paragraph 3(1) of SCHEDULE 6 · Revoked · Strict liability
• Slaughter of a suspect animal paragraph 3(2) of SCHEDULE 4 · Revoked · Strict liability
• Mechanically recovered meat paragraph 3(2) of SCHEDULE 6 · Revoked · Strict liability
• Slaughter of a suspect animal paragraph 3(3) of SCHEDULE 3 · Revoked · Strict liability
• Slaughter of a suspect animal paragraph 3(4) of SCHEDULE 3 · Revoked · Strict liability
• Pithing paragraph 4 of SCHEDULE 6 · Revoked · Strict liability
• Slaughter of bovine animals over 30 months of age paragraph 4(1) of SCHEDULE 2 · Revoked · Strict liability
• Slaughter of bovine animals over 30 months of age paragraph 4(4) of SCHEDULE 2 · Revoked · Strict liability
• Tongue harvesting paragraph 5 of SCHEDULE 6 · Revoked · Strict liability
• Action following confirmation paragraph 5(1) of SCHEDULE 3 · Revoked · Strict liability
• Action following confirmation paragraph 5(1)(b) of SCHEDULE 3 · Revoked · Strict liability
• Action following confirmation paragraph 5(1)(b)(ii) of SCHEDULE 3 · Revoked · Strict liability
• Action following confirmation paragraph 5(4) of SCHEDULE 3 · Revoked · Strict liability
• Retention of products and disposal paragraph 5(7) of SCHEDULE 2 · Revoked · Strict liability
• Death while under restriction paragraph 6 of SCHEDULE 3 · Revoked · Strict liability
• Specified risk material paragraph 6(1) of SCHEDULE 6 · Revoked · Strict liability
• Specified risk material paragraph 6(2) of SCHEDULE 6 · Revoked · Strict liability
• Placing on the market of bovine progeny paragraph 7 of SCHEDULE 3 · Revoked · Strict liability
• Slaughter or sale for human consumption paragraph 7 of SCHEDULE 5 · Revoked · Strict liability
• Failure to comply with paragraph 8 is an offence paragraph 9(1) of SCHEDULE 5 · Revoked · Strict liability
• It is an offence for a home compounder registered under paragraph 8(2)(b) to— a keep ruminant animals; b consign… paragraph 9(2) of SCHEDULE 5 · Revoked · Strict liability
• It is an offence for any person producing feedingstuffs in accordance with point B(c)(ii) of Part II of Annex IV to… paragraph 9(3) of SCHEDULE 5 · Revoked · Strict liability
• Young lamb and goat stamps paragraph 9(3) of SCHEDULE 6 · Revoked · Strict liability
• Young lamb and goat stamps paragraph 9(4) of SCHEDULE 6 · Revoked · Strict liability
• Occupier’s duty regulation 11 · Revoked · Strict liability
• Powers of inspectors regulation 18(2) · Revoked · Strict liability
• Notices regulation 19(7) · Revoked · Strict liability
• Notices restricting movement regulation 20(2) · Revoked · Strict liability
• Obstruction regulation 21 · Revoked · Requires proof of a state of mind
• Exception for research regulation 4(2) · Revoked · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Transmissible Spongiform Encephalopathies Regulations 2006 Lords · Lords Chamber · 7 March 2006

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2006