The Transmissible Spongiform Encephalopathies (Wales) Regulations 2008

Welsh Statutory Instrument 2008 No. 3154 — creates 79 criminal offences.

Made

9 December 2008

In force from

31 December 2008

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, Finance Act 1973, In accordance with section 56(1) of the Finance Act 1973, Schedule 2 to, the 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 relation to Wales, revoke and remake with amendments the Transmissible Spongiform Encephalopathies (Wales) Regulations 2006 (S.I. 2006/1266 (W.117)), 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 L147, 31.5.2001, p.1) as amended (“the Community TSE Regulation”). These Regulations now implement Commission Decision 2007/411 prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1 August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No. 999/2001 and repealing Decision 2005/598 (OJ No L 155, 15.6.2007, p.74). Commission Regulation (EC) No. 999/2001 was amended by Commission Regulation (EC) No 727/2007 amending Annex VII to 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 158, 18.6.2008, p.5). These Regulations implement those amendments with the exception of certain provisions that were suspended by a judgment of the European Court of First Instance on 28 September 2007 (points 2(3)(b)(iii), 2(3)(d) and 4 of Annex VII to Regulation (EC) No. 999/2001). The Regulations provide that the Welsh Ministers are the competent authority for the purposes of the Community TSE Regulation (except in Schedule 7 and paragraph 2 of Schedule 8, 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 Schedules 2 to 8. Part 3 deals with administration and enforcement. Regulations 6 to 10 deal with approvals, authorisations, licences and registrations, occupier’s duties, suspension, amendment and revocations of approvals, etc., and an appeals procedure. Regulation 11 deals with valuations. Regulations 12 to 14 give powers to the Welsh Ministers and the local authority to appoint inspectors, and deal with powers of entry and powers of inspectors. Regulation 15 provides for a notice procedure, and regulation 16 provides for licences permitting movement during a movement restriction. Regulations 17 to 19 deal with obstruction of an inspector, penalties, and offences by a body corporate. A person guilty of an offence under these Regulations is liable— a on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term of three months or both, or b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both. Regulation 20 details who is responsible for enforcing these Regulations. Regulation 21 revokes: the Transmissible Spongiform Encephalopathies (Wales) Regulations 2006; the Bovine Products (Restriction on Placing on the Market) (Wales) (No.2) Regulations 2005; the Bovine Spongiform Encephalopathy (BSE) Compensation (Wales) Regulations 2006 and the Sheep and Goats Transmissible Spongiform Encephalopathy (TSE) Compensation (Wales) Regulations 2006. Schedule 1 sets out those Community instruments to which any reference should be construed as to those instruments as amended from time to time. Schedule 2 deals with monitoring for TSEs. Paragraph 1 provides for notification to the Welsh Ministers 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 or to slaughter such an animal for human consumption. Paragraph 3 provides for brain stem sampling of specified bovine animals. Paragraph 4 provides for the approval of laboratories that test such brain stem samples and introduces new fees as follows— a £29,770 for the initial approval of a laboratory; b £8,834 for annual proficiency testing and a follow-up inspection for the first year after approval; c £4,135 for annual proficiency testing from the second year after approval; d £1,385 for Single proficiency test (in the event of a failure in the annual proficiency testing); and e £87.24 per hour for an inspector (for any additional inspections that are necessary to check for compliance with the terms of the approval). Paragraph 5 creates a requirement for anyone slaughtering animals over 30 months old for human consumption to have a Required Method of Operation. Paragraph 6 provides for retention of products and their disposal, and paragraph 7 deals with compensation. Paragraphs 8 to 15 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 Welsh Ministers. Paragraphs 2 and 3 provide for the restriction and slaughter of notified and suspect animals. Paragraphs 4 and 5 deal with the offspring and cohorts of the suspect. Paragraph 6 provides for the notification and restriction of the carcases of animals that die or are killed while under restriction, and paragraph 7 prohibits the placing on the market of offspring. 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 Welsh Ministers. Paragraphs 2 and 3 provide for the restriction and slaughter of the suspect. Paragraphs 4 and 5 deal with movement restrictions. Paragraphs 6 to 9 provide for action following confirmation. Paragraph 10 provides for time for appeals, and paragraph 11 provides for killing and destruction. Paragraphs 12 to 14 deal with infected animals from another holding, common grazing and multiple flocks on a holding. Paragraph 15 deals with subsequent occupiers of the land. Paragraphs 16 to 24 set out the procedure to be followed after the killing or destruction. Paragraph 16 restricts the introduction of animals onto a holding. Paragraph 17 regulates the use of ovine germinal products, and paragraph 18 restricts the movement of animals from a holding. Paragraph 19 specifies when the time relating to restrictions begins. Paragraph 20 provides for notification of animals that die while under restriction. Paragraph 21 deals with placing on the market of progeny. Paragraphs 22 to 24 deal with compensation. Schedule 5 deals with animals that are not bovine, ovine, or caprine. Paragraphs 1 to 3 concern notification, restriction and slaughter of suspect animals. Paragraph 4 provides for compensation. Paragraph 5 concerns the retention of cervine products and their disposal. Schedule 6 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 7 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 staff in slaughterhouses and cutting plants where specified risk material is removed. Paragraph 3 deals with mechanically separated meat, paragraph 4 with pithing, paragraph 5 with tongue harvesting and paragraph 6 with head meat harvesting. Paragraph 7 controls the removal of specified risk material. Paragraph 8 deals with bovine animals in a slaughterhouse and paragraph 9 deals with sheep and goats at a slaughterhouse. Paragraph 10 deals with young lamb and goat stamps. Paragraph 11 deals with the removal of spinal cord from sheep and goats. Paragraph 12 provides for the authorisation of cutting plants to remove certain specified risk material and paragraph 13 controls the removal of specified risk material at a cutting plant authorised under paragraph 12(1). Paragraph 14 deals with meat from other member States. Paragraph 15 requires the staining and disposal of specified risk material, paragraph 16 requires the staining of the remainder of a carcase of a scheme animal, and paragraph 17 provides for the security of specified risk material. Paragraph 18 prohibits the supply of specified risk material for human consumption. Schedule 8 deals with the export of live bovine animals and products derived from them to other member States and to third countries. Paragraph 1 prohibits the dispatch of certain live animals to other member States and to third countries, paragraph 2 restricts the dispatch of heads and un-split carcases containing specified risk material to other member States, and paragraph 3 prohibits the dispatch of bovine heads and meat containing specified risk material to third countries. A regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.

Offences created by this instrument

• For the purposes of monitoring under Article 6 of the Community TSE Regulation, a person who has in their possession… paragraph 1(1) of SCHEDULE 2 · Revoked · Strict liability
• Prohibition on feeding animal protein to ruminants paragraph 1(1) of SCHEDULE 6 · Revoked · Strict liability
• Export to other member States and to third countries of bovine animals and products paragraph 1(1) of SCHEDULE 8 · Revoked · Strict liability
• Prohibition on feeding animal protein to ruminants paragraph 1(2) of SCHEDULE 6 · Revoked · Strict liability
• Control and eradication of TSE — notification paragraph 1(4) of SCHEDULE 3 · Revoked · Strict liability
• Young lamb and goat stamps paragraph 10(3) of SCHEDULE 7 · Revoked · Strict liability
• Young lamb and goat stamps paragraph 10(4) of SCHEDULE 7 · Revoked · Strict liability
• Removal of spinal cord from sheep and goats paragraph 11 of SCHEDULE 7 · Revoked · Strict liability
• Failure to comply with paragraph 10 is an offence paragraph 11(1) of SCHEDULE 6 · 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 6 · Revoked · Strict liability
• Killing and destruction following confirmation paragraph 11(3) of SCHEDULE 4 · 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 6 · Revoked · Strict liability
• Removal of specified risk material at a cutting plant authorised under paragraph 12(1) paragraph 13 of SCHEDULE 7 · Revoked · Objective fault
• Failure to comply with paragraph 12 is an offence paragraph 13(1) of SCHEDULE 6 · 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 6 · 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 6 · 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 6 · Revoked · Strict liability
• It is an offence for a home compounder registered under paragraph 12(5)(b) to— a keep ruminant animals where blood… paragraph 13(5) of SCHEDULE 6 · Revoked · Strict liability
• Change in use of equipment paragraph 14 of SCHEDULE 6 · Revoked · Strict liability
• Meat from another member State paragraph 14 of SCHEDULE 7 · Revoked · Strict liability
• Subsequent occupiers 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 6 · Revoked · Strict liability
• Staining and disposal of specified risk material paragraph 15(1) of SCHEDULE 7 · 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 6 · 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 6 · Revoked · Strict liability
• Introduction of animals onto a holding paragraph 16 of SCHEDULE 4 · Revoked · Strict liability
• Conditions applying to the manufacture and transport of petfood or feedingstuffs paragraph 16(1) of SCHEDULE 6 · Revoked · Strict liability
• Conditions applying to the manufacture and transport of petfood or feedingstuffs paragraph 16(2) of SCHEDULE 6 · Revoked · Strict liability
• Use of ovine germinal products paragraph 17 of SCHEDULE 4 · Revoked · Strict liability
• Export of processed animal protein to third countries paragraph 17(1) of SCHEDULE 6 · Revoked · Strict liability
• Export of processed animal protein to third countries paragraph 17(2) of SCHEDULE 6 · Revoked · Strict liability
• Movement of animals from a holding paragraph 18 of SCHEDULE 4 · Revoked · Strict liability
• Prohibition on the supply of specified risk material for human consumption paragraph 18 of SCHEDULE 7 · Revoked · Strict liability
• Fertilisers paragraph 18(1) of SCHEDULE 6 · Revoked · Requires proof of a state of mind
• Fertilisers paragraph 18(2) of SCHEDULE 6 · Revoked · Strict liability
• Record keeping for transport etc. of reject petfood paragraph 19(4) of SCHEDULE 6 · 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 7 · Revoked · Strict liability
• Export to member States of heads and un-split carcases paragraph 2 of SCHEDULE 8 · Revoked · Strict liability
• Prohibition on feeding animal protein to non-ruminants paragraph 2(1) of SCHEDULE 6 · Revoked · Strict liability
• Prohibition on feeding animal protein to non-ruminants paragraph 2(5) of SCHEDULE 6 · Revoked · Strict liability
• Death while under restriction paragraph 20 of SCHEDULE 4 · Revoked · Strict liability
• Any person who fails to comply with sub-paragraph (2) is guilty of an offence paragraph 20(3) of SCHEDULE 6 · Revoked · Strict liability
• Placing on the market of progeny of BSE affected sheep and goats paragraph 21 of SCHEDULE 4 · Revoked · Strict liability
• Export to third countries of products containing specified risk material paragraph 3 of SCHEDULE 8 · Revoked · Strict liability
• Brain stem sampling of bovine animals paragraph 3(1) of SCHEDULE 2 · Revoked · Strict liability
• Mechanically separated meat paragraph 3(1) of SCHEDULE 7 · Revoked · Strict liability
• Slaughter of a suspect animal paragraph 3(2) of SCHEDULE 4 · Revoked · Strict liability
• Slaughter of a suspect animal paragraph 3(2) of SCHEDULE 5 · Revoked · Strict liability
• Mechanically separated meat paragraph 3(2) of SCHEDULE 7 · Revoked · Strict liability
• Slaughter of a suspect animal paragraph 3(4) of SCHEDULE 3 · Revoked · Strict liability
• Slaughter of a suspect animal paragraph 3(5) of SCHEDULE 3 · Revoked · Strict liability
• Pithing paragraph 4 of SCHEDULE 7 · Revoked · Strict liability
• Tongue harvesting paragraph 5 of SCHEDULE 7 · Revoked · Strict liability
• Slaughter of bovine animals over 30 months of age paragraph 5(1) of SCHEDULE 2 · Revoked · Strict liability
• Action following confirmation paragraph 5(3) of SCHEDULE 3 · Revoked · Strict liability
• Retention of products and disposal paragraph 5(3) of SCHEDULE 5 · Revoked · Strict liability
• Action following confirmation paragraph 5(3)(a) of SCHEDULE 3 · Revoked · Strict liability
• Action following confirmation paragraph 5(3)(b) of SCHEDULE 3 · Revoked · Strict liability
• Slaughter of bovine animals over 30 months of age paragraph 5(4) of SCHEDULE 2 · Revoked · Strict liability
• Action following confirmation paragraph 5(6) of SCHEDULE 3 · Revoked · Strict liability
• Death while under restriction paragraph 6 of SCHEDULE 3 · Revoked · Strict liability
• Head meat harvesting paragraph 6 of SCHEDULE 7 · Revoked · Strict liability
• Retention of products and disposal paragraph 6(8) of SCHEDULE 2 · 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 6 · Revoked · Strict liability
• Removal of specified risk material paragraph 7(1) of SCHEDULE 7 · Revoked · Strict liability
• Removal of specified risk material paragraph 7(2) of SCHEDULE 7 · Revoked · Strict liability
• Failure to comply with paragraph 8 is an offence paragraph 9(1) of SCHEDULE 6 · 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 6 · 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 6 · Revoked · Strict liability
• Confirmation of atypical scrapie in sheep or goats paragraph 9(6) of SCHEDULE 4 · Revoked · Strict liability
• Confirmation of atypical scrapie in sheep or goats paragraph 9(7) of SCHEDULE 4 · Revoked · Strict liability
• Powers of inspectors regulation 14(2) · Revoked · Strict liability
• Notices regulation 15(7) · Revoked · Strict liability
• Notices restricting movement regulation 16(2) · Revoked · Strict liability
• Obstruction regulation 17 · Revoked · Requires proof of a state of mind
• Exception for research regulation 4(2) · Revoked · Strict liability
• Occupier’s duty regulation 7 · Revoked · 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