Statutory Rule 1999 No. 157

      The Specified Risk Material (Amendment) Regulations (Northern Ireland) 1999


      © Crown Copyright 1999

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STATUTORY RULES OF NORTHERN IRELAND


1999 No. 157

FOOD SAFETY

The Specified Risk Material (Amendment) Regulations (Northern Ireland) 1999

  Made 26th March 1999  
  Coming into operation 23rd April 1999  

Whereas it appears to the Department of Agriculture, acting as the Department concerned that it is necessary or expedient - 

    (a) for the purposes of ensuring that food complies with food safety requirements or in the interests of public health; or

    (b) for the purposes of protecting or promoting the interests of consumers,

to make the following Regulations;

     Now therefore the said Department concerned, in exercise of the powers conferred by Articles 15(1), (2) and (3), 16(1), 18(1), 25, 26(3) and 47(2) of and paragraphs 2(1), 3, 5 and 6(1) of Schedule 1 to the Food Safety (Northern Ireland) Order 1991[1] and of every other power enabling it in that behalf, and after consultation, in accordance with Article 47(3) of that Order, with such organisations that appear to it to be representative of interests substantially affected by the Regulations, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Specified Risk Material (Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 23rd April 1999.

Amendments to the Specified Risk Material Regulations (Northern Ireland) 1997
    
2. The Specified Risk Material Regulations (Northern Ireland) 1997[2] shall be amended in accordance with regulations 3 to 11.

Interpretation
     3.  - (1) In regulation 2(1) - 

      " "listed premises" means any of the premises notified to the Department by the Ministère de L'agriculture et de la pêche of the French Republic and published in the Belfast Gazette;".

    (2) After regulation 2(2) there shall be inserted the following paragraph - 

        " (2A) In these Regulations, the word "whole" where it refers to a carcase in each of the phrases "intended for export whole" and "exporting it whole" means that the carcase has not been longitudinally split through the middle of its vertebral column.".

Specified risk material for human consumption
    
4. After regulation 6(5) there shall be inserted the following paragraph - 

Initial treatment of bovine, sheep and goat carcases in a slaughterhouse
    
5. At the end of regulation 9 there shall be added the following paragraph - 

Marking of sheep carcases
    
6. After regulation 16 there shall be added the following regulation - 

Transportation of unmarked carcases of sheep and goats
    
7. For regulations 17(1) and (2) there shall be substituted the following paragraphs - 

Presence of an official veterinary surgeon
     8. In regulation 18(1) after the word "premises" there shall be inserted the words "or to listed premises".

Possession of unmarked carcases of sheep and goats
    
9. At the end of regulation 19 there shall be added the following paragraphs - 

Arrival of carcases at listed premises
    
10. After regulation 19 there shall be added the following regulation - 

Offences and penalties
     11. In regulation 29 - 

        " (2A) If any person makes a declaration under regulation 9(10)(b) - 

      (a) knowing it to be false or misleading in a material particular; or

      (b) being reckless as to whether it is false or misleading in a material particular,

    he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale."; and

    (b) in paragraph (3), after the words "paragraph (2)" there shall be inserted the words "or under paragraph (2A)".



Sealed with the Official Seal of the Department of Agriculture on

L.S.


Liam McKibben
Assistant Secretary

26th March 1999.



EXPLANATORY NOTE

(This note is not part of the Regulations.)


    
1. These Regulations amend the Specified Risk Material Regulations (Northern Ireland) 1997 ("the principal Regulations").

    
2. The amendments made by these Regulations have the effect of allowing the export to certain premises in France of carcases of older sheep containing spinal cord which is "specified risk material" as defined in regulation 2(1) of the principal Regulations.

    
3. The amendments disapply regulation 6(1) of the principal Regulations (prohibition on selling for human consumption specified risk material or food containing same) and part of regulation 9(2) of those Regulations (requirement for slaughterhouse operator to remove specified risk material from carcases of sheep slaughtered there) in the case of sheep carcases containing spinal cord which is specified risk material which are intended for export whole direct to listed premises.

    
4. A new regulation (regulation 16A) is inserted in the principal Regulations, requiring the marking of those sheep carcases containing spinal cord which is specified risk material which are intended for export whole direct to listed premises.

    
5. Amendments are also made to regulation 17 of the principal Regulations (transportation of unmarked carcases of sheep and goats) to ensure that sheep carcases concerned are moved in sealed vehicles and are accompanied by appropriate documentation during transport.

    
6. Regulation 19 of the principal Regulations (possession of unmarked carcases of sheep and goats) is also amended - 

    (a) to ensure, first, that a person transporting the sheep carcases concerned (those containing spinal cord which is specified risk material and which are intended for export whole direct to listed premises) has in his possession appropriate documentation and, second, that the carcases are appropriately marked; and

    (b) to enable the carcases concerned to be brought within the scope of Article 8 of the Food Safety (Northern Ireland) Order 1991 (S.I. 1991 No. 762 (N.I. 7)) (inspection and seizure of suspected food).

     7. A further new regulation (regulation 19A) is inserted in the principal Regulations imposing requirements with respect to the arrival of the carcases concerned at the listed premises to which it was intended they should be transported.


Notes:

[1] S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12)back

[2] S.R. 1997 No. 552back

[3] S.R. 1997 No. 493back

[4] 1971 c. 80back



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