Statutory Rules of Northern Ireland

(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 or tag 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 any record is kept by means of a computer, may require that record to be produced in a form in which it may be taken away; or

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

    (3) No person except an inspector shall remove or otherwise interfere with any mark or tag applied to a TSE susceptible animal or the carcase of such an animal under paragraph (2)(f) 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 private dwelling) for any purpose specified in paragraph (2) 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 authorising an inspector to enter the premises for that purpose if necessary using 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) 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 Department refuses to approve the premises or grants an approval subject to any condition it 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 to appeal against the refusal or the condition and the period within which and the person 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 by the Department for the purpose of paragraph 6 of Annex I to the Commission Decision.

    (2) The Department 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) 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);

(b) the transport to or from the premises, or the storage at the premises, of feedingstuffs material intended for ruminant animals is completely separate from feedingstuffs 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 intended for ruminant animals are completely separate from feedingstuffs 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 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 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).

    (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 material commenced (or, in the case of material produced outside Northern Ireland, from the date on which that material entered Northern Ireland), 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 was 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 to be or was 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) 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) 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;

(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 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), as if the food were, or had been, exposed for sale by the occupier of the premises.

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

(b) in the case of a bovine animal imported into Northern Ireland from outside the United Kingdom and slaughtered in Northern Ireland, all specified risk material, except vertebral column, is removed at the slaughterhouse as soon as reasonably practicable after the animal is slaughtered and before the carcase is presented for inspection pursuant to regulation 35, and the rest of the carcase is consigned to a licensed slaughterhouse or licensed cutting premises.

    (2) When a sheep or goat is slaughtered in a slaughterhouse, or slaughtered elsewhere and brought to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that -

(a) subject to regulation 37, 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; or

(b) in the case of a sheep or goat with one or more permanent incisor teeth erupted, all specified risk material, except spinal cord, is 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, 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, 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 53, the occupier of the slaughterhouse shall ensure that, while in the slaughterhouse, the specified risk material does not come into contact with any other animal material (except material derived from animals tested for the presence of TSE which is required to be disposed of as if it were specified risk material) and that it is disposed of in accordance with 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 an official 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 blue or yellow.

    (9) Nothing in paragraph (2) 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) 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), a person shall not 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) 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), a person shall not feed to any animal or poultry -

(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 ruminant animal from which specified risk material has not been removed in accordance with these Regulations.

    (6) Paragraph (5)(a) and (b) shall not apply to the feeding to any animal or poultry 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.

    (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) approve 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 for any use in connection with -



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

(ii) the removal referred to in regulation 45(1)(a) 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 Licensing 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 an approval or licence under this regulation, the Licensing Authority shall grant the occupier an approval or 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 of 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 approval to use premises in connection with rendering of specified risk material, the premises have the facilities specified in Part I of Schedule 6 sufficient to enable the occupier of the premises to render the specified risk material into protein and tallow at the premises by one of the methods specified in Part II of that Schedule; and

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

    (3) In considering applications for an approval or 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.

    (4) In this Part -

(a) without prejudice to the storage requirements of regulation 53, all specified risk material in the collection centre is kept separate from all other animal material; and

(b) any equipment used in relation to the collection or storage of specified risk material or 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 other material together with which the specified risk material is kept, handled, stored and rendered.

    (3) For the purposes of this Part, 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 and address of the haulier transporting it.

    (2) Any person who transfers any specified risk material from any part of any premises approved 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 that this record accompanies the specified risk material during transport.

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

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

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

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

(d) in a batch system, the period during which the material was rendered;

(e) if appropriate, the pressure to which the by-products are 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 Officer;

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

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

    (4) Paragraph (3) 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 Department under regulation 57.

(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 embryos or ova derived from a female bovine animal infected with a TSE, or a BSE-confirmed ovine or caprine animal; or

(c) any semen derived from a bovine animal infected with a TSE or a BSE-confirmed 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 Officer.

    (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 a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal or any semen derived from a 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 any animal, or any semen, embryos or ova derived from an animal, reasonably suspects it is an animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or embryos or ova derived from a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal or semen derived from a 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 Officer;

(b) retain the sample examined and the remainder of the carcase or semen, embryos or ova 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, 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, 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, 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, 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.

(a) by agreement between the Department and the owner of the animal and such agreement shall be final and binding on the Department and the owner;

(b) if the owner and the Department cannot agree, or fail to reach such agreement, by an independent valuer paid by the Department and selected by the owner from a list of at least three such independent valuers submitted by the Department to the owner; or

(c) if the owner refuses or neglects to select an independent valuer in accordance with sub-paragraph (b) by an independent valuer selected by the Department.

    (2) An independent valuer selected in accordance with paragraph 1(b) or (c) shall give to the Department and the owner a certificate in writing of his valuation and such valuation shall be final and binding on the Department and the owner.

     3. 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 Department and the owner of the carcase, part of the carcase 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 Department in connection with such 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 of the carcase 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 Department shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Department.

     6. The owner shall pay to the Department 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 Department 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 Department, 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 whichever is the greater of -

(a) the amount which would be payable under paragraph 2 if the examination had confirmed it was an animal affected with a TSE; and

(b) such sum as appears to the Department, having regard to any evidence provided by the owner of the animal slaughtered, 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 shall be as specified in the remaining paragraphs of this Part of this Schedule.

     5. Where examination, at a veterinary laboratory of the Department, of tissues taken from the carcase of an animal confirms that it was an animal affected with bovine spongiform encephalopathy, the compensation shall be either -

(a) the market value of the animal; or

(b) the indicative market price in respect of the month of the year in which the market value of the animal was determined rounded down to the nearest £1,

whichever is less.

     6. Where examination, at a veterinary laboratory of the Department, of tissues taken from the carcase of a suspected animal does not confirm that it was an animal affected with bovine spongiform encephalopathy, the compensation shall be either -

(a) the market value of the animal; or

(b) 125% of the indicative market price in respect of the month of the year in which the market value of the animal was determined rounded down to the nearest £1,

whichever is less.

     7. Where an exposed animal (other than an offspring animal) is slaughtered, the compensation shall be an amount equal to -

(a) in the case of a female animal, the market value, or 90% of the replacement value, of the animal, whichever is the greater; and

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

     8. Where the Department causes 10% or more of the animals in a herd to be slaughtered as exposed animals (other than offspring animals), there shall be added to any compensation payable under paragraph 7, an amount equal to -

(a) the appropriate percentage of the appropriate sum; or

(b) 25% of that sum,

whichever is the less.

     9. For the purposes of paragraph 8, the appropriate sum in the case of any animal is the amount of compensation payable under paragraph 7 or £1000, whichever is the less.

     10. For the purposes of paragraph 8(a) -

(a) where 10% or more of the animals in a closed herd are slaughtered, the appropriate percentage is (10 + E × 1.5)%; and

(b) where 10% or more of the animals in any other herd are slaughtered, the appropriate percentage is (10 + E )%,

where E equals half of the percentage by which the number of animals slaughtered exceeds 10% of the number of animals in the herd.

     11. For the purposes of paragraphs 5 and 6 -

(a) the indicative market price in respect of each month of the year shall be calculated in accordance with the following formula -



(A × B) + (C × D) (A + C )

where

A is either 1 or the number of cattle aged less than 7 years when their market value was determined which were slaughtered in Northern Ireland in pursuance of regulation 81 or 82 during the month of the year ("the calculation month") occurring two such months before the month for which the indicative market price is being calculated, whichever is the greater;

B is the average price during the calculation month for commercial grade cows and in-calf heifers both of which are intended for use in the production of milk, such price to be calculated by dividing the total of the sales price paid for such animals in the returns for a 4 week period ending on the last Saturday of the calculation month by the total number of such animals shown in those returns to have been sold;

C is either 1 or the number of cattle aged 7 years or more when their market value was determined which were slaughtered in Northern Ireland in pursuance of regulation 81 or 82 during the calculation month, whichever is the greater; and

(a) by agreement between the Department and the owner of the carcase, part of the carcase 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 Department 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 of the carcase 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 Department shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Department.

     6. The owner shall pay to the Department 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 Department from the owner.

(a) by agreement between the Department and the owner of the animal and such agreement shall be final and binding on the Department and the owner;

(b) if the owner and the Department fail to reach such agreement, by an independent valuer paid by the Department and selected by the owner from a list of at least three such independent valuers submitted by the Department to the owner; or

(c) if the owner refuses or neglects to select an independent valuer in accordance with sub-paragraph (b), by an independent valuer selected by the Department.

    (2) An independent valuer selected in accordance with paragraph (1)(b) or (c) shall give to the Department and the owner a certificate in writing of his valuation and such valuation shall be final and binding on the Department and the owner.

     3. 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 an amount equal to the value of the carcase, part of the carcase, blood, semen, embryos or ova at the time it was seized or disposed of.

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

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

(b) by arbitration.

     3. The owner of a carcase, part of a carcase, blood, semen, embryos or ova seized or disposed of under regulation 92 shall pay any reasonable costs or expenses incurred by the Department 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 of the carcase, blood, 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 Department shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Department.

     6. The owner shall pay to the Department 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 Department from the owner.

(a) by agreement between the Department and the owner of the animal and such agreement shall be final and binding on the Department and the owner;

(b) if the owner and the Department fail to reach such agreement, by an independent valuer paid by the Department and selected by the owner from a list of at least three such independent valuers submitted by the Department to the owner; or

(c) if the owner refuses or neglects to select an independent valuer in accordance with sub-paragraph (b), by an independent valuer selected by the Department.

    (2) An independent valuer selected in accordance with paragraph (1)(b) or (c) shall give to the Department and the owner a certificate in writing of his valuation and such valuation shall be final and binding on the Department and the owner.

(a) be derived from hides and skins obtained from animals which have been slaughtered in a slaughterhouse and whose carcases have been found fit for human consumption following ante- and post-mortem inspection; and

(b) be produced by a production process which involves appropriate measures to minimise contamination of hides and skins, preparation of the raw material by brining, liming and intensive washing followed by exposure of the material to a pH of >11 for >3 hours at temperature >80°C and followed by heat treatment at >140°C for 30 minutes at >3.6 bar; or by an equivalent production process approved in accordance with the procedure of Article 17 of Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market.

     2. Hydrolysed protein from fish, feather, hides and skins shall be sampled after processing and found to have a molecular weight below 10,000 Dalton.

     3. Hydrolysed protein for use in the manufacture of feedingstuffs for farmed animals other than ruminants shall be transported by means of a vehicle which at the same time is not used for the transport of other feedingstuffs materials.

     4. If a vehicle used for the transport of hydrolysed protein for use in the manufacture of feedingstuffs for farmed animals other than ruminants is subsequently used for the transport of other products, it shall be thoroughly cleaned and disinfected before and after the transport of the hydrolysed protein.

(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.

" 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 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (O.J. No. L147, 31.5.2001, p. 1) ("the Community TSE Regulation");
  
  
• Commission Regulation (EC) No. 1248/2001 of 22 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 (O.J. No. L173, 27.6.2001, p. 12);
  
  
• Commission Regulation (EC) No. 1326/2001 of 29 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 (O.J. No. L177, 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 (O.J. No. L 45, 15.2.2002, p. 4); and
  
  

(b) continuing the implementation of Council Decision 2000/766/EC (O.J. No. L306, 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 (O.J. No. L2, 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.

Part I of these Regulations contain introductory provisions. These include the application provisions of regulation 2 and the interpretation provisions of regulation 3.

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 and Commission Decision 2001/9/EC. 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), and Annex IV of 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 Regulations (Northern Ireland) 2001 which is 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 approved or licensed premises; provisions for approving or 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 approvals and licences; appeals against suspension and revocation of approvals and 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 affected or suspected of being affected by a TSE; measures with respect to animals affected or suspected of being affected by a TSE; movement prohibitions and restrictions of animals affected or suspected of being affected by a TSE; slaughter of animals affected or 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 and 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. L113, 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. Council Decision 98/256/EC remains in force as a transitional measure by virtue of Article 1(1) of Commission Regulation (EC) 1326/2001 and section D of Annex XI to the Community TSE Regulation (added by Article 3(3) and Annex IV of Commission Regulation (EC) 1326/2001).

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 contains general provisions relative to slaughter and compensation.

Part X of these Regulations contains amendments, revocations and savings.