Welsh Statutory Instrument 2001 No. 2732 (W.231)

      The Specified Risk Material (Amendment) (Wales) Regulations 2001

      © Crown Copyright 2002

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STATUTORY INSTRUMENTS

2001 No. 2732 (W.231)

FOOD, WALES

ANIMALS, WALES

The Specified Risk Material (Amendment) (Wales) Regulations 2001

  Made 26th July 2001 
  Coming into force 13th August 2001 

The National Assembly for Wales, in exercise of the powers conferred by sections 16(1)(a), (b), (c), (d) and (f), (2)(a) and (3), 17(1), 19(1)(a), 26 and 48(1) of and paragraphs 2(1), 3(1), 5 and 6(1)(a) of Schedule 1 to the Food Safety Act 1990 [1] and 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 [2] and now vested in it [3], after having had regard in accordance with section 48(4A) of the 1990 Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B) of the 1990 Act, makes the following Regulations:

Citation, commencement and application
     1. These Regulations may be cited as the Specified Risk Material (Amendment) (Wales) Regulations 2001; they apply to Wales only and come into force on 13th August 2001.

Amendments to the Specified Risk Material Regulations 1997
     2.  - (1) In so far as they apply to Wales, the Specified Risk Material Regulations 1997 [4] 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;"; 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 vertaebrae 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 [5], 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 - 

           Argentina

           Australia

           Botswana

           Brazil

           Chile

           Costa Rica

           Namibia

           New Zealand

           Nicaragua

           Paraguay

           Singapore

           Swaziland and

           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 [6].".

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

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

    (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) - 

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

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

Amendment of the Specified Risk Material Order 1997
     3.  - (1) In so far as it applies to Wales, the Specified Risk Material Order 1997 shall be amended in accordance with the following paragraphs of this Regulation.

    (2) In paragraph (1) of article 2 (interpretation) - 

    (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 phrase "specified sheep or goat material".

    (5) The following paragraphs are inserted at the end of article 3 - 

    (6) The following paragraph shall be substituted for paragraph (1) of article 4 (specified bovine material) - 

    (7) The following paragraph is substituted for paragraph (2) of article 4 - 

    (8) The following paragraphs are added at the end of article 4 - 

    (9) In article 6 - 

    (10) In Schedule 2 (form of importation certificate) for the declaration there shall be substituted the following declaration - 



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 [7].


Rhodri Morgan
The First Secretary of the National Assembly

26th July 2001


EXPLANATORY NOTE

(This note does not form part of the Regulations)


     1. These Regulations, which apply to Wales only, make further amendments both to the Specified Risk Material Regulations 1997 (SI 1997/2965, as already amended) and to the Specified Risk Material Order 1997 (SI 1997/2964, as already amended). The Specified Risk Material Regulations 1997 ("the principal Regulations") apply to Great Britain as a whole.

Amendments to the Specified Risk Material Regulations 1997
     2. These Regulations reflect in Wales 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 imposes transitional measures with regard to the removal of 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).

     3. The substantive amendments made by these Regulations to the principal Regulations are as follows: - 

    (a) in the light of the transitional measures referred to above

      (i) regulation 3 of the principal Regulations (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 (regulation 2(4) and (5));

      (ii) regulation 4 of the principal Regulations (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 (regulation 2(6) to (8));

      (iii) regulation 8 of the principal Regulations (prohibition applying to the vertebral column of ruminant animals) is replaced with a provision prohibiting the use of bovine, ovine and caprine bones in the production of mechanically recovered meat (regulation 2(10)) and regulation 9 (registration of premises on which meat is recovered by mechanical means from ruminant animals) is revoked (regulation 2(11));

      (iv) a new regulation, 15A, dealing with the treatment of imported carcases containing vertebral column which is specified bovine material, is inserted into the principal Regulations (regulation 2(12)); and

    (b) in view of the amendment made to regulation 26 of the principal Regulations by the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings)(England and Wales) Regulations 2000 (SI 2000/656), that regulation is further amended to enable the Food Standards Agency or the National Assembly for Wales to give directions relating to the disposal of specified risk material (regulation 2(13) and (14)).

     4. These Regulations also make consequential amendments to the principal Regulations in the light of certain of the substantive amendments referred to above and the enactment of the Food Standards Act 1999 (1999 c.28) (regulation 2(2), (3) and (9)).

Amendments to the Specified Risk Material Order 1997
     5. These Regulations make further amendments to the Specified Risk Material Order 1997 (SI 1997/2964, as already amended) in so far as it applies to Wales. The Specified Risk Material Order 1997 ("the principal Order") extends to Great Britain as a whole.

     6. The amendments made by these Regulations to the principal Order reflect 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 of 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).

     7. 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 (regulation 3(2) and (3)).

     8. 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 (regulation 3(4) and (5)).

     9. 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 (regulation 3(6) to (8)).

     10. 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 is specified risk material; and a new form of importation certificate is substituted in Schedule 2 (regulation 3(9) and (10)).

     11. A regulatory appraisal for these Regulations has been prepared pursuant to section 65 of the Government of Wales Act 1998 (1998 c.38) and placed in the library of the National Assembly for Wales. Copies may be obtained from the Food Standards Agency, 1st Floor, Southgate House, Wood Street Cardiff, CF10 1EN.

Notes:

 [1] 1990 c.16.back

[2] 1981 c.22.back

[3] Functions formerly exercised by "the Ministers" under the Food Safety Act are now exercisable in relation to Wales by the National Assembly for Wales by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672).back

[4] SI 1997/2965, amended by SI 1997/3062, SI 1998/2405 (itself amended by SI 1997/2431), SI 1999/539, SI 2000/656, SI 2000/2659 (W.172), SI 2000/3387(W.224) and SI 2000/1973.back

[5] SI 1997/2964, amended by SI 2000/2811 and SI 2000/3387 (W.224).back

[6] SI 1996/2097, amended by SI 1996/2522, SI 2000/656 and SI 2000/3388 (W.225).back

[7] 1998 c.38.back


Cymraeg (Welsh)


ISBN 0 11090385 4


 

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Prepared 21 December 2001