The Transmissible Spongiform Encephalopathies (England) (Amendment) Regulations 2008 (revoked)

UK Statutory Instrument 2008 No. 3295 — creates 15 criminal offences.

15offences created

0recorded in force

0revoked

Made: 22 December 2008
In force from: 12 January 2009
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
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 amend the Transmissible Spongiform Encephalopathies (England) Regulations 2008 (S.I. 2008/1881, amended by S.I. 2008/2269) which enforce 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, p1) as amended. Regulation 2 (interpretation) is amended to include a reference to Commission Decision 2008/908/EC authorising certain Member States to revise their annual BSE monitoring programme (OJ No L 327, 5.12.2008, p24) in the definition of “Community TSE Regulation” (regulation 3). Regulation 20 (enforcement) is amended to make the Food Standards Agency the enforcement authority in slaughterhouses and cutting plants in respect of all of the restrictions on placing on the market and exporting products contained in Schedule 8, save those in paragraph 1B (regulation 5). Schedule 2 (TSE monitoring) is amended to place a duty on those in possession of fallen bovine stock to deliver or arrange for the delivery of carcases to an approved sampling site for brain stem sampling. Those collecting and delivering the carcases of the fallen stock are required to ensure that they are delivered to an approved sampling site. Failure to comply with these provisions is an offence. The requirements do not apply in the Isle of Wight (regulation 6). Schedule 2 is also amended to create new offences of destroying a carcase to which these provisions apply before it has been sampled and of failing to retain carcases prior to obtaining a negative test result, and to make provision for the approval of sampling sites by the Secretary of State (regulation 6). A substituted Schedule 8 (restrictions on placing on the market and export) makes it an offence to place on the market and export live bovine animals born or reared in the United Kingdom before 1st August 1996 and products derived from them (other than milk or hides) to other Member States and to third countries; restricts the export of heads and un-split carcases containing specified risk material to other member States; and prohibits the export of bovine heads and meat containing such material to third countries (regulation 9). Offences are punishable in accordance with regulation 18 of the 2008 Regulations by— a on summary conviction, a fine not exceeding the statutory maximum or imprisonment for a term of three months or both, or b on conviction on indictment, a fine or imprisonment for a term not exceeding two years or both. An impact assessment on the effect of this instrument on the costs of business has been prepared and placed in the library of each House of Parliament. Copies may be obtained from the Department for Environment, Food and Rural Affairs, 9 Millbank, c/o 17 Smith Square, London SW1P 3JR.

Offences created by this instrument

Placing on the market or export to third countries of bovine products paragraph 1A(1) of SCHEDULE · Status not determined · Strict liability
Placing on the market or export to third countries of bovine animals paragraph 1B(1) of SCHEDULE · Status not determined · Strict liability
Export to member States of heads and un-split carcases paragraph 2 of SCHEDULE · Status not determined · Strict liability
Export to third countries of products containing specified risk material paragraph 3 of SCHEDULE · Status not determined · Strict liability
For the purpose of monitoring under Article 6 of the Community TSE Regulation, a person who has in their possession,… regulation 1(1) · Status not determined · Strict liability
For the purpose of monitoring under Article 6 of the Community TSE Regulation, a person who has in their possession or… regulation 1A(1) · Status not determined · Strict liability
Persons collecting and delivering regulation 1B · Status not determined · Strict liability
Destruction without sampling regulation 1C · Status not determined · Strict liability
Retention of bodies of bovine animals pending test results regulation 1D · Status not determined · Strict liability
Notification of the body of a goat for the purpose of monitoring under Article 6 of the Community TSE Regulation 1 1… regulation 6 · Status not determined · Strict liability
Delivery of the body of a bovine animal for the purpose of monitoring under Article 6 of the Community TSE Regulation… regulation 6(a) · Status not determined · Strict liability
Persons collecting and delivering 1B A person with whom arrangements are made under paragraph 1A for the delivery of a… regulation 6(a) · Status not determined · Strict liability
Destruction without sampling 1C Any person who destroys the body of a bovine animal to which paragraph 1A applies… regulation 6(a) · Status not determined · Strict liability
Retention of bodies of bovine animals pending test results 1D An approved sampling site to which the body of a bovine… regulation 6(a) · Status not determined · Strict liability
Notification of the body of a goat for the purpose of monitoring under Article 6 of the Community TSE Regulation 1 1… regulation 6(a) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

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 2008