Title, extent and commencement

1. These Regulations may be cited as the Specified Risk Material (Amendment) (England) (No. 2) Regulations 2001; they extend to England only and come into force on 13th August 2001.

Amendments to the Specified Risk Material Regulations 1997

2. —(1) In so far as they extend to England, the Specified Risk Material Regulations 1997( 2 ) are amended in accordance with the following paragraphs of this regulation.

(2) In paragraph (1) of regulation 2 (interpretation)—

(a) the phrase “(subject to paragraph (4) below)” is inserted at the beginning of paragraph (c) of the definition of “specified risk material”;

(b) the following definitions are inserted between the definition of “listed premises” and the definition of “official veterinary surgeon”—

• “ “mechanically recovered meat” means meat which—

  (a)

  is derived from residual meat on animal bones; and

  (b)

  has been obtained by mechanical means;

• “the Minister” means the Minister of Agriculture, Fisheries and Food; ” ; and

(c) the following definition is substituted for the existing definition of “vertebral column”—

• “ “vertebral column” excludes the vertebrae of the tail and the transverse process of the lumbar vertebrae but includes dorsal root ganglia; ” .

(3) The following paragraph is inserted at the end of regulation 2—

“ (4) Notwithstanding paragraph (c) of the definition of “specified risk material” in paragraph (1) above, where the carcase of a bovine animal containing vertebral column which is specified bovine material has been imported in accordance with article 6(2A) of the Specified Risk Material Order 1997 ( 3 ) , the part of the carcase not comprising the vertebral column shall not be regarded as specified risk material for the purposes of these Regulations. ” .

(4) In paragraph (1) of regulation 3 (specified sheep and goat material), the phrase “(subject to paragraph (4) below)” is inserted before the phrase “specified sheep or goat material”.

(5) The following paragraphs are inserted at the end of regulation 3—

“ (4) Material derived from a sheep or goat born, continuously reared and slaughtered in any of the countries specified in paragraph (5) below is not specified sheep or goat material as defined by paragraph (1) above.

(5) The countries are—

• Australia

• Argentina

• Botswana

• Brazil

• Chile

• Costa Rica

• Namibia

• New Zealand

• Nicaragua

• Paraguay

• Singapore

• Swaziland

• Uruguay. ” .

(6) The following paragraph is substituted for paragraph (1) of regulation 4 (specified bovine material)—

“ (1) In these Regulations, “specified bovine material” means—

(a) (subject to paragraph (5) below) the intestines from the duodenum to the rectum of a bovine animal, regardless of where it was slaughtered or died or its age at slaughter or death;

(b) the following material derived from a bovine animal which was slaughtered or died in the United Kingdom or Portugal when it was aged over 6 months—

(i) the head (excluding the tongue but including the brain, eyes, trigeminal ganglia and tonsils),

(ii) the thymus,

(iii) the spleen,

(iv) the spinal cord, and

(v) (subject to paragraph (6) below) in the case of a bovine animal described in this sub-paragraph which was slaughtered or died when it was aged over 12 months, the vertebral column; and

(c) (subject to paragraph (5) below) the following material derived from a bovine animal which was slaughtered or died elsewhere than in Portugal or the United Kingdom when it was aged over 12 months—

(i) the skull (including the brain and eyes),

(ii) the tonsils,

(iii) the spinal cord, and

(iv) (subject to paragraph (7) below) the vertebral column. ” .

(7) The following paragraph is substituted for paragraph (4) of regulation 4—

“ (4) In each of sub-paragraphs (b) and (c) of paragraph (1) above the reference to Portugal does not include a reference to the Autonomous Region of the Azores. ” .

(8) The following paragraphs are inserted at the end of regulation 4—

“ (5) Material derived from a bovine animal born, continuously reared and slaughtered in any of the countries specified in regulation 3(5) above is not specified bovine material as defined by paragraph (1)(a) or (c) above.

(6) Notwithstanding paragraph (1)(b)(v) above, the vertebral column of—

(a) a bovine animal born and continuously reared in Portugal or the United Kingdom and slaughtered there when it was aged over 12 months but no more than 30 months; or

(b) a beef assurance scheme animal,

shall not be regarded as specified bovine material for the purpose of these Regulations.

(7) Notwithstanding paragraph (1)(c)(iv) above, the vertebral column of a bovine animal born, continuously reared and slaughtered in Austria, Finland or Sweden shall not be regarded as specified bovine material for the purposes of these Regulations.

(8) In paragraph (6)(b) above, “beef assurance scheme animal” means a bovine animal such as is specified in regulation 3(2)(a) or (b) of the Fresh Meat (Beef Controls) (No. 2) Regulations 1996 ( 4 ) . ” .

(9) The following regulation is substituted for regulation 6 (approvals, authorisations and registrations)—

“ Approvals and authorisations

6. —(1) The Minister may, on application, approve any premises for the purposes of Part VI of these Regulations (transport and disposal of specified risk material) if he is satisfied that the premises—

(a) are properly equipped to carry out the functions to which the approval relates; and

(b) comply with the requirements of that Part of these Regulations.

(2) The Agency may, on application, authorise any premises under regulation 15 below (prohibition on the removal of the spinal cord of a ruminant animal) if it is satisfied that the premises—

(a) are properly equipped to carry out the functions to which the authorisation relates; and

(b) comply with the requirements of that regulation.

(3) Any approval or authorisation granted or made under these Regulations (including a consent given under regulation 24(7) below) shall be in writing and may be made subject to conditions.

(4) Any such approval or authorisation may be amended, suspended or revoked at any time by notice in writing served on the person to whom the approval or authorisation was granted or, if that person is no longer the occupier of the premises to which the approval or authorisation relates, on the occupier of those premises, if the Minister or, as the case may be, the Agency is satisfied that any provisions of these Regulations in relation to the premises or any conditions in the approval or authorisation are not being complied with. ” .

(10) The following regulation is substituted for regulation 8 (prohibitions applying to the vertebral column)—

“ Mechanically recovered meat

8. —(1) No person shall use any bovine, ovine or caprine bone for the production of mechanically recovered meat.

(2) No person shall use any mechanically recovered meat which is derived from a bovine, ovine or caprine bone in the preparation of food for sale for human consumption. ” .

(11)Regulation 9 (registration of premises on which meat is recovered by mechanical means from ruminant animals) is revoked.

(12) The following regulation is inserted immediately after regulation 15 (prohibition on the removal of the spinal cord of a ruminant animal)—

“ Treatment of imported carcases containing vertebral column

15A. —(1) Where the imported carcase of a bovine animal containing vertebral column which is specified bovine material is transported to designated cutting premises in accordance with article 6(2A) of the Specified Risk Material Order 1997 the occupier of those premises shall ensure that the vertebral column is removed from the rest of the carcase at the premises as soon as is practicable after the arrival of the carcase there.

(2) The occupier of any designated cutting premises at which the vertebral column is removed in accordance with this regulation shall ensure that it is—

(a) stained in accordance with regulation 10(3) above; and

(b) disposed of as specified risk material in accordance with these Regulations.

(3) In paragraphs (1) and (2) above, “designated cutting premises” means licensed cutting premises which the Agency has, following receipt by it of a written application, designated in writing for the purposes of this regulation.

(4) Any designation made by the Agency for the purposes of this regulation may be made subject to conditions.

(5) Any such designation may be amended, suspended or revoked at any time by notice in writing served on the person in whose favour it was granted or, if that person is no longer the occupier of the premises to which the designation relates, on the occupier of those premises, if the Agency is satisfied that any provision of these Regulations has not been complied with in relation to the premises or any condition in the designation has been breached.

(6) In paragraph (1) above “carcase” means any whole carcase, half carcase or quarter carcase. ” .

(13) In paragraph (1) of regulation 26 (power to give directions)—

(a) the words “or the Agency” are inserted before the words “is satisfied”; and

(b) the words “he or as the case may be” are inserted before the words “the Agency”.

(14) In paragraph (2) of regulation 26 the words “or as the case may be the Agency” are inserted before the word “may”.