Bovine Spongiform Encephalopathy Order (Northern Ireland) 1999
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The Department of Agriculture, in exercise of the powers conferred on
it by Articles 2(3), 5(1), 10(6), 18(7), 19(b), (e), (f), (i) and (k),
44, 46(7A) and 60(1) of the Diseases of Animals (Northern Ireland) Order
1981[1]
and of every other power enabling it in that behalf, hereby makes the following
Order:
PART I Introductory Citation and commencement
Interpretation
(ii) in the case of an imported product, by an equivalent process;
or
(b) dicalcium bone phosphate; (c) dried plasma or any other blood product; (d) gelatin; or (e) amino acids produced from hides and skins by a process which
involves exposure of the material to acid of pH lower than 2 followed by
alkali of pH greater than 11 and heat treatment at a minimum 140¡C
for 30 minutes at a pressure of 3 bar;
(b) cull cows for slaughter sold at that market and the total sale
price for such animals in that week at that market;
3. For the purposes of the 1981 Order in its application to this Order -
(ii) any kind of four-footed beast which is not a mammal; and
PART II Existence of the Disease Notification of disease in animals
(2) A person who has in his possession or under his charge on any premises an affected or a suspected animal, or the carcase of such an animal, shall detain it on the premises until it has been examined by a veterinary inspector. (3) The owner or occupier of premises on which
an affected or suspected animal is or has been kept and his employees,
and any person who is or has been in possession or charge of any animal
or carcase which is or has been on such premises, shall if so required
by an inspector give such information as he possesses as to -
(b) any other animal or carcase with which any animal or carcase which is or has been on such premises may have come into contact; and (c) the location and movement of any animal or carcase which is or
has been in his possession or charge.
(5) Subject to paragraph (8), a person who, in the course of a laboratory examination of a sample of an animal or a carcase suspects the presence of the disease in that sample shall, with all practicable speed, notify the fact to the Divisional Veterinary Officer. (6) Where a notice has been given under paragraph
(5) in respect of any sample, a person shall not remove -
(b) any animal or carcase from which it was taken from the place
where it is kept, except under and in accordance with a licence granted
by the Department.
(8) Paragraph (5) shall not apply in relation
to any sample -
(b) taken from a carcase or animal into which disease was so introduced.
5. - (1) If an inspector, on reasonable grounds, suspects that the disease exists or has at any time existed on any premises he shall, with all practicable speed, conduct any enquiry and take such further steps as may be necessary to establish the correctness of that suspicion. (2) For the purposes of an enquiry conducted under
paragraph (1) an inspector may, without prejudice to the generality of
that paragraph or to his powers under Article 4 -
(b) carry out such tests on or take such samples from, any animal
or carcase on any premises, as he may consider necessary for the purpose
of diagnosis.
Affected or suspected and exposed animals
(2) Where, in the opinion of the Department, there is an exposed animal or the carcase of such an animal, on any premises, it may serve a notice in the form set out in Schedule 2 on the owner or person in charge of that animal or carcase. (3) Where a notice has been served on any person under paragraph (1) or (2), the requirements and prohibitions set out therein shall have effect and it shall be the duty of that person to ensure that they are complied with. (4) Subject to paragraphs (5) and (7), a notice served under paragraph (1) or (2) shall remain in force for a period of 28 days beginning on and including the day on which it is served. (5) The Department may, from time to time, in accordance with paragraph (6) renew or further renew, any notice served under paragraph (1) or (2) for, on each such occasion, a period of 28 days beginning on and including the day after that notice would otherwise have expired. (6) A notice served on a person under paragraph (1) or (2) shall be renewed, or further renewed, by a notice in writing served on that person before the date on which the notice which it renews, or further renews, would otherwise have expired. (7) A notice served on a person under paragraph (1) or (2) may be withdrawn at any time by a notice in the form set out in Schedule 3 served on that person. Restrictions on the movement of other bovine animals
(b) any bovine animal on any premises may have been exposed to the
disease through the agency of any feedingstuff,
(2) A notice served under paragraph (1) shall continue in force until withdrawn by a further notice in writing served by the Department on the owner or person in charge of the animal to which that notice relates. Carcases of affected, suspected or exposed animals
(2) The carcase of an affected or suspected animal shall be buried or burnt. Cleansing and disinfection
(b) any equipment, appliance, utensil or other thing used in connection
with any such animal or carcase.
PART III Controls on Protein Etc. Milk from affected or suspected animals
(b) use in the manufacture of any product for sale or supply for
feeding to animals or poultry,
(2) Subject to paragraph (3), a person shall not feed to any animal or poultry any milk which he knows or has reason to suspect has been produced by an affected or suspected animal. (3) The prohibitions in paragraphs (1) and (2)
shall not apply -
(b) to the feeding to any animal or poultry of any milk for research
purposes in a research establishment, or to the sale or supply to any person
of milk for such purposes under and in accordance with the conditions of
a licence granted by the Department.
Prohibition on sale, supply and use of certain feedingstuffs for
feeding to animals and poultry
(b) feed to a ruminant animal any protein or any feedingstuffs in which he knows or has reason to suspect that any protein has been incorporated; (c) sell or supply for incorporation into any feedingstuff for livestock, fish or equine animals any mammalian meat and bone meal; (d) sell or supply for feeding to livestock, fish or equine animals any feedingstuff in which he knows or has reason to suspect any mammalian meat and bone meal has been incorporated; (e) feed to any livestock, fish or equine animals any feedingstuff in which any mammalian meat and bone meal has been incorporated; (f) use any mammalian meat and bone meal in the production of any
feedingstuff for livestock, fish or equine animals;
(b) except as provided by sub-paragraph (d), the feedingstuff is stored in a separate building from that in which any mammalian meat and bone meal or any MBM product is stored, used or sold; (c) any equipment or vehicle used in the production of the feedingstuff does not come into contact with any mammalian meat and bone meal, any MBM product or any ingredient or equipment used with mammalian meat and bone meal or any MBM product; and (d) in any case where mammalian meat and bone meal or any MBM product
is sold, any of the feedingstuff stored in the same building as that meal
or product is stored there solely for the purpose of being sold in that
building and either -
(ii) both the feedingstuff on the one hand and the mammalian meat
and bone meal or MBM product on the other are securely packaged with no
spillage or leakage taking place.
(b) any feedingstuff for livestock, fish or equine animals is produced other than in accordance with paragraph (2); or (c) any feedingstuff for livestock, fish or equine animals is stored
but not produced and no livestock are kept.
(5) Nothing in paragraphs (1) or (3) shall prevent
-
(b) the sale or supply of any feedingstuff to a research establishment for such purposes; or (c) the possession of any mammalian meat and bone meal or MBM product
at such an establishment for such purposes.
(b) that he had taken all reasonable steps to ensure that it was
not and did not contain mammalian meat and bone meal.
(b) that he had taken all reasonable steps to ensure that it was
not, and did not contain, protein.
(b) in the case of the prohibition in paragraph (3)(a), that the mammalian meat and bone meal or MBM product was in his possession solely for feeding either to a pet of a species which is not commonly used as livestock in the United Kingdom or to a working dog or for use as a fertiliser on a domestic garden or for house plants; (c) in the case of the prohibition in paragraph (3)(c) -
(ii) that adequate precautions were taken to ensure that no equipment
used with the mammalian meat and bone meal or the MBM product, as the case
may be, was used with the feedingstuff for livestock, fish or equine animals.
(10) Where a person is found in possession of, or to have transported, any mammalian meat and bone meal or any MBM product in contravention of paragraph (3) or (4), as the case may be, the Department may, without prejudice to any proceedings for an offence arising out of such possession or transport, direct the person (whether or not he falls within paragraph (6)) to dispose of that material and any other material with which it has come into contact within such time and in accordance with such conditions as the Department may direct. (11) Where a person is found, or is reasonably suspected, to have sold or supplied any MBM product in contravention of paragraph (1), the Department may direct that person (whether or not he falls within paragraph (6)) to collect at his own expense that product from the person to whom he supplied or sold it, or from such other person to whom it may have subsequently been supplied or sold and to transport it to such place and within such time as the Department may direct. (12) A person shall comply with any direction given to him under paragraph (10) or (11). (13) Where any person to whom a direction is given under paragraph (10) or (11) fails to comply with the requirements thereof, the Department may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out those requirements. Records relating to mammalian meat and bone meal
(b) the weight 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.
(b) its weight on receipt; (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.
(b) in the case of disposal, the weight so 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).
(b) the date on which it was collected from that person; (c) its weight; (d) the registration number, and the name and address of the driver, of the vehicle in which it was transported; (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.
(6) In relation to a vehicle not having a registration number, the requirement to keep a record of the registration number pursuant to paragraph (1)(e), (2)(e), (3)(c) and (4)(d) shall be a requirement to keep such details as are necessary to permit the identification of the vehicle in question. (7) A person shall not be required to keep any
record relating to the consignment or transport of mammalian meat and bone
meal in accordance with the provisions of paragraphs (1) to (6) where the
consignment or transport follows the retail sale of the meal, and a person
receiving a consignment for the purpose of selling it by retail shall not
be required to keep any record other than required by paragraph (2) or
(3), provided that in either case -
(b) the packages containing the meal are presented as containing a fertiliser solely for a use permitted under the Fertilisers (Mammalian Meat and Bone Meal) Regulations (Northern Ireland) 1996[4]; and (c) (in the case of a person receiving a consignment for the purposes
of selling it by retail) the consignment consists of not more than 104
kilograms of meal.
13. - (1) Any person who produces mammalian meat and bone meal or any MBM product shall ensure the thorough cleansing and disinfection of any premises or equipment used for such production before they are used for any other purpose except the production of a fertiliser that is not for use on agricultural land within the meaning of the Fertilisers (Mammalian Meat and Bone Meal) Regulations (Northern Ireland) 1996. (2) Any person who stores or transports mammalian meat and bone meal or an MBM product, or who makes any arrangement for such storage or transport, shall ensure the thorough cleansing and disinfection of any premises, vehicle or equipment used for such storage or transport as soon as possible after the storage or transport ceases and in any event before they are used for any other purpose. (3) A person shall not be considered to have contravened the requirements of paragraph (2) if he is able to prove that at all material times the mammalian meat and bone meal or MBM product that was stored or transported, as the case may be, was securely packaged and that no leakage or spillage took place. (4) A person shall not be considered to have contravened the requirements of paragraph (2) in connection with any arrangement made by him for the storage or transport of mammalian meat and bone meal or an MBM product, if he is able to prove that he took all reasonable steps to ensure that the premises, equipment or vehicle used for such storage or transport were thoroughly cleansed and disinfected in accordance with that paragraph. (5) The Department may serve on the owner or occupier
of any premises on which there is or has within 56 days been -
(b) any MBM product,
(6) Where any person on whom the notice served under paragraph (5) fails to comply with the requirements thereof the Department may, without prejudice to any proceedings for an offence arising out of such default, carry out or cause to be carried out such cleansing and disinfection as is required in the notice. Samples
PART IV Miscellaneous Production of licences
Returns from market operators
Revocation
Sealed with the Official Seal of the Department of Agriculture on L.S.
L. G. McKibben
9th July 1999.
SCHEDULE 1 The Diseases of Animals (Northern Ireland) Order 1981
The Bovine Spongiform Encephalopathy Order (Northern Ireland) 1999
Notice imposing requirements as respects an affected or suspected animal or carcase To of
The Department of Agriculture hereby gives you notice in accordance
with the provisions of the above Order that, as the *owner/*person in charge
of the bovine animal or the carcase of a bovine animal specified in the
Table you are required -
except that the animal or carcase may be
-
(ii) moved off such premises under the authority of a licence granted by the Department and in accordance with any conditions subject to which the licence is granted; or (iii) in the case of an animal in a slaughterhouse or market, moved
direct to its farm of origin under the authority of a licence granted by
the Department and in accordance with any conditions subject to which the
licence is granted;
(c) in the event of an animal dying or being slaughtered on the premises
-
(ii) except where it is surrendered to the Department in accordance
with paragraph (b) not to permit the carcase of the animal to be moved
off the premises except under the authority of a licence granted by the
Department and in accordance with any conditions subject to which the licence
is granted; and
(ii) its placenta, discharges and bedding are buried or burnt; (iii) the accommodation used for its calving is cleansed and disinfected in accordance with the directions of the Department; and (iv) the calf is not moved off the premises except under the authority
of a licence granted by the Department and in accordance with any conditions
subject to which the licence is granted.
Breach of the requirements of this notice may constitute an offence against the Diseases of Animals (Northern Ireland) Order 1981 and render a person liable to penalties on conviction. The bovine animal or carcase to which this notice applies is specified
in the following Table:
Signed
Name in block letters Official Address
*delete as appropriate
SCHEDULE 2 The Diseases of Animals (Northern Ireland) Order 1981
The Bovine Spongiform Encephalopathy Order (Northern Ireland) 1999
Notice imposing requirements as respects an exposed animal or carcase To of
The Department of Agriculture hereby gives you notice in accordance
with the provisions of the above Order that, as the *owner/*person in charge
of the bovine animal or carcase of a bovine animal specified in the Table
you are required -
except that the animal or carcase may be
-
(ii) moved off such premises under the authority of a licence granted by the Department and in accordance with any conditions subject to which the licence is granted; or (iii) in the case of an animal in a slaughter-house or market, moved
direct to its farm of origin under the authority of a licence granted by
the Department and in accordance with any conditions subject to which the
licence is granted;
(c) in the event of an animal dying or being slaughtered on the premises
-
(ii) except where it is surrendered to the Department in accordance
with paragraph (b) not to permit the carcase of the animal to be moved
off the premises except under the authority of a licence granted by the
Department and in accordance with any conditions subject to which the licence
is granted; and
(ii) its placenta, discharges and bedding are buried or burnt; (iii) the accommodation used for its calving is cleansed and disinfected in accordance with the directions of the Department; and (iv) the calf is not moved off the premises except under the authority
of a licence granted by the Department and in accordance with any conditions
subject to which the licence is granted.
Breach of the requirements of this notice may constitute an offence against the Diseases of Animals (Northern Ireland) Order 1981 and render a person liable to penalties on conviction. The bovine animal or carcase to which this notice applies is specified
in the following Table:
Signed
Name in block letters Official Address
*delete as appropriate
SCHEDULE 3 The Diseases of Animals (Northern Ireland) Order 1981
The Bovine Spongiform Encephalopathy Order (Northern Ireland) 1999
Withdrawal of notice imposing requirements as respects an affected, suspected or exposed animal To of
The Department of Agriculture hereby withdraws as from this day of , the notice, signed by and served on you on the of . The bovine animal to which the notice in Schedule 1 or 2 applies
which is withdrawn by this notice is specified in the following Table:
Signed
Name in block letters Official Address
(This note is not part of the Order.)
This Order revokes and replaces with amendments the Bovine Spongiform Encephalopathy Order (Northern Ireland) 1997. The principal changes of substance are as follows: - 1. The definition of "mammalian meat and bone meal" in Article 2 is amended. 2. The requirement that BSE must have been present or suspected to have been present on any premises within the previous 56 days before a veterinary inquiry can be carried out under Article 5(1) has now been removed. 3. The powers under Article 7(1) to restrict the movement of certain bovine animals are extended to apply where there is risk of the animal being exposed to BSE through a feedingstuff.
Notes: [1] S.I. 1981/1115 (N.I. 22) as amended by S.I. 1984/702 (N.I. 2) Art.17 and S.I. 1994/1891 (N.I. 6) Arts. 19, 20 and 23back [2] 1970 c. 40. Section 66 as substituted by regulation 20 of the Feeding Stuffs Regulations (Northern Ireland) 1995 (S.R. 1995 No. 451); regulation 3 of those Regulations prescribes descriptions of animals for the purpose of the definitionback [3] S.R. 1997 No. 552back [4] S.R. 1996 No. 165back [5] S.R. 1997 No. 553back
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