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The Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on her by sections 1, 10(1)(a) and (c) and (2), 11, 29(2)(b), 35(1), 76(3) and 83(2) of, and Schedule 2 to, the Animal Health Act 1981[1], and of all other powers enabling her in that behalf, hereby makes the following Order: Title, extent and commencement 1. This Order may be cited as the Specified Risk Material (Amendment) (England) Order 2001, shall extend to England and shall come into force on 13th August 2001. Amendment of the Specified Risk Material Order 1997 2. - (1) In so far as it extends to England, the Specified Risk Material Order 1997[2] shall be amended in accordance with the following paragraphs of this article. (2) In paragraph (1) of article 2 (interpretation) -
(b) the following definition is inserted at the end -
(3) The following paragraph is inserted at the end of article 2 -
(4) In paragraph (1) of article 3 (specified sheep and goat material), the phrase "(subject to paragraph (2) below)" is inserted before the definition "specified sheep or goat material".
(3) The countries are -
Argentina Brazil Botswana Chile Costa Rica Namibia New Zealand Nicaragua Paraguay Uruguay Singapore and Swaziland.".
(6) The following paragraph shall be substituted for paragraph (1) of article 4 (specified bovine material) -
(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 -
(ii) the thymus, (iii) the spleen, (iv) the spinal cord, and (v) (subject to paragraph (4) below) in the case of such an animal which was slaughtered or died when it was aged over 12 months, the vertebral column; and
(c) (subject to paragraph (3) 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 -
(ii) the tonsils, (iii) the spinal cord, and (iv) (subject to paragraph (5) below) the vertebral column.".
(7) The following paragraph is substituted for paragraph (2) of article 4 -
(8) The following paragraphs are added at the end of article 4 -
(4) Notwithstanding paragraph (1)(b)(v) above, the vertebral column of
(b) a beef assurance scheme animal,
shall not be regarded as specified bovine material for the purposes of this Order.
(9) In article 6 -
(b) the following paragraph is inserted after paragraph (2) -
(b) not less than 72 hours before he intends to import the carcase, he has given notice of the intended import to the director of the Meat Hygiene Service of the Food Standards Agency for the region of that Service in which those premises are situated (or, if there is no such director, the officer of the Food Standards Agency responsible for the exercise of similar functions).".
(10) In Schedule 2 (form of importation certificate) for the declaration there shall be substituted the following declaration -
Argentina Brazil Botswana Chile Costa Rica Namibia New Zealand Nicaragua Paraguay Uruguay Singapore and Swaziland.".
(This note is not part of the Order) This Order makes further amendments to the Specified Risk Material Order 1997 (S.I. 1997/2964, as amended by S.I. 2000/2726, S.I. 2000/3234 and S.I. 2000/3377) in so far as it extends to England. The Specified Risk Material Order 1997 ("the principal Order") extends to Great Britain as a whole. The amendments made by this Order to the principal Order reflects the provisions of Annex XI 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. L147, 31.5.2001, p.1). That Annex imposed transitional measures with regard to the removal or specified risk material and was inserted into Regulation (EC) No. 999/2001 by Article 3 of Commission Regulation (EC) No. 1326/2001 (OJ No. L177, 30.6.2001, p.60). In article 2 of the principal Order, a definition of vertebral column is added at the end of paragraph (1) and a new paragraph (5) is added (article 2(2) and (3)). Article 3 of the principal Order (which defines "specified sheep and goat material") is amended to exclude from the scope of the definition material derived from sheep and goats born, continuously reared and slaughtered in certain third countries (article 2(4) and (5)). Article 4 of the principal Order (which defines "specified bovine material") is substantially revised so that, in particular, material derived from bovine animals born, continuously reared and slaughtered in certain third countries is now outside the scope of the definition (article 2(6) to (8)). Article 6 of the principal Order (which regulates the import of specified risk material) is amended to impose new requirements for the import of carcases of bovine animals containing vertebral column which are specified risk material (article 2(9)). In Schedule 2 of the principal Order, a new declaration is substituted in the form of an importation certificate required by article 6(2) of the principal Order to accompany imported products. The new declaration reflects the amendments made to the requirements relating to specified risk material in the principal Order. It also now requires a declaration that the animals from which the imported products have been derived have not been slaughtered, after 31st March 2001, after stunning by means of gas injection or killed instantaneously by the same method, or slaughtered after laceration, after stunning, of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity (this last method of slaughter is also known as pithing) (article 2(10)). A regulatory impact assessment, which includes a compliance cost assessment of the effect that this Order is likely to have on business costs, has been prepared and placed in the Library of each House of Parliament. Copies may be obtained from the BSE Division of the Department for Environment, Food and Rural Affairs, 1A Page Street, London SW1P 4PQ. Notes: [1] 1981 c. 22; see section 86(1) for definitions of "the Minister" and "the Ministers". Functions of "the Ministers", so far as exercisable in relation to England, were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141).back [2] S.I. 1997/2964, as amended by S.I. 2000/2726, S.I. 2000/3234 and S.I. 2000/3377.back [3] S.I. 1996/2097, as amended by S.I. 1996/2522 and S.I. 2000/656.back [4] S.I. 1997/2965, amended by S.I. 1997/3062, S.I. 1998/2405 (itself amended by S.I. 1997/2431), S.I. 1999/539, S.I. 2000/656, S.I. 2000/2672, S.I. 2000/3381 and S.I. 2001/817.back
ISBN 0 11 029874 8
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