The Spongiform Encephalopathy (Miscellaneous Amendments) Order 1994

Contents

Article 1Citation and commencement#

This Order may be cited as the Spongiform Encephalopathy (Miscellaneous Amendments) Order 1994 and shall come into force on 2nd November 1994.

Article 2Amendment of the Diseases of Animals (Ascertainment of Disease) Order 1985#

(1)The Diseases of Animals (Ascertainment of Disease) Order 1985 shall be amended in accordance with this article.

(2)In article 2 (extension of the definitions of “animals” and “disease”) for paragraph (b) there shall be substituted the following:“b the definition of “disease” in section 88(1) of the Act is hereby extended so as to comprise African horse sickness, Aujeszky’s disease, dourine, enzootic bovine leukosis, equine infectious anaemia, equine encephalomyelitis, rabies, spongiform encephalopathy and Teschen disease.”

(3)In article 3 (interpretation) for the definition of “disease” there shall be substituted the following:“• “disease” means African horse sickness, Aujeszky’s disease, Brucellosis caused by Brucella melitensis, cattle plague, contagious agalactia, contagious epidydimitis, dourine, enzootic bovine leukosis, equine infectious anaemia, equine encephalomyelitis, pleuro-pneumonia, rabies, sheep-pox, spongiform encephalo- pathy, swine fever, and Teschen disease;”

Article 3Amendment of the Specified Diseases (Notification) Order 1991#

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(1)The Specified Diseases (Notification) Order 1991 shall be amended in accordance with this article.

(2)After article 4 there shall be inserted the following:“4A 1 A person who, in the course of a laboratory examination of the carcase of any poultry, or any animal other than a sheep, a goat or an animal of the bovine species, reasonably suspects the presence of spongiform encephalopathy, shall—a give notice of that fact as soon as practicable in accordance with article 5(1) below,b retain the sample examined and the remainder of the carcase until its disposal is authorised in writing by a veterinary inspector, andc if required in writing to do so by a veterinary inspector, surrender any samples in whatever form they are to a veterinary inspector.2 This article shall not apply to any spongiform encephalopathy which has been deliberately introduced into an animal, a carcase, or a sample in a laboratory.3 For the purposes of the Act in its application to this article—a the definition of “animals” in section 87(1) of the Act is hereby extended to comprise—i any kind of mammal except man, andii any kind of four-footed beast which is not a mammal;b the definition of “poultry” in section 87(4) of the Act is hereby extended to comprise birds of all species; andc the definition of “disease” in section 88(1) of the Act is hereby extended to comprise any spongiform encephalopathy.”

(3)In article 6 (offence) for the words “article 4” there shall be substituted the words “article 4 or article 4A”.

(4)In article 8 (local authority to enforce order) for the words “article 4” there shall be substituted the words “articles 4 and 4A”.

Article 4Amendment of the Bovine Spongiform Encephalopathy Order 1991#

(1)The Bovine Spongiform Encephalopathy Order 1991 shall be amended in accordance with this article.

(2)In article 4(1) (interpretation) for the definition of “specified bovine offal” there shall be substituted the following—“• “specified bovine offal” means, in relation to any bovine animal—(a) where the animal is over six months of age and has in the United Kingdom died or been slaughtered, the brain, spinal cord, spleen, thymus, tonsils and intestines;(b) where the animal is two months of age or over but not over six months of age and has in the United Kingdom died or been slaughtered, the thymus and intestines only; and(c) where the animal is under two months of age and has been slaughtered in the United Kingdom for human consumption, the thymus and intestines only;”

(3)In article 5 (notification of disease in bovine animals) after paragraph (2) there shall be added the following:“3 A person who, in the course of a laboratory examination of the carcase of an animal reasonably suspects the presence of bovine spongiform encephalopathy, shall—a with all practicable speed, notify the fact to the Divisional Veterinary Officer,b retain the sample examined and the remainder of the carcase until its disposal is authorised in writing by a veterinary inspector, andc if required in writing to do so by a veterinary inspector, surrender any samples in whatever form they are to a veterinary inspector.4 Paragraph (3) above shall not apply to any bovine spongiform encephalopathy which has been deliberately introduced into an animal, a carcase, or a sample in a laboratory.”

(4)In article 12 (prohibition of sale, supply and use of certain feedingstuffs for feeding to animals and poultry) for (a) and (b) of paragraph (1) there shall be substituted the following:“a knowingly sell or supply for feeding to ruminant animals any feedingstuff in which he knows or has reason to suspect any mammalian protein has been incorporated;b feed to a ruminant animal any feedingstuff in which he knows or has reason to suspect that any mammalian protein has been incorporated;”

(5)For article 14 there shall be substituted the following—“14 1 Subject to paragraph (2) below no person shall export from Great Britain to a member State specified bovine offal or protein derived from any specified bovine offal.2 The prohibition in paragraph (1) above shall not apply to the export for research purposes of specified bovine offal or protein derived from any specified bovine offal under the authority of a licence issued by the Minister and in accordance with any conditions subject to which the licence is issued.3 Any person wishing to obtain a licence under paragraph (2) above shall apply to the Minister in such form and manner and within such time as the Minister may require.”

(6)In article 15 (sampling) before the words “the provisions of articles 9, 12 and 14” there shall be inserted the words “any of”.

(7)In article 17 (offences) in paragraph (b) after the words “article 5(1), 5(2),” there shall be inserted “5(3),” and in paragraph (d) for “14(1)” there shall be substituted “14(2)”.

(8)In the Schedule, for condition (e) of form A there shall be substituted the following:“e Milk from the animal must not be sold or supplied for human consumption, nor be fed to animals or poultry, except to its own calf.”

(9)In the Schedule, in Form C for the word “Ministry” where it appears for the second time there shall be substituted the word “Minister”.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 2

Show every defined term

disease
means African horse sickness, Aujeszky’s disease, Brucellosis caused by Brucella melitensis, cattle plague, contagious agalactia, contagious epidydimitis, dourine, enzootic bovine leukosis, equine infectious anaemia, equine encephalomyelitis, pleuro-pneumonia, rabies, sheep-pox, spongiform encephalo- pathy, swine fever, and Teschen disease;”
specified bovine offal
means, in relation to any bovine animal— (a) where the animal is over six months of age and has in the United Kingdom died or been slaughtered, the brain, spinal cord, spleen, thymus, tonsils and intestines;

The Spongiform Encephalopathy (Miscellaneous Amendments) Order 1994

Article 1Citation and commencement#

Article 2Amendment of the Diseases of Animals (Ascertainment of Disease) Order 1985#

Article 3Amendment of the Specified Diseases (Notification) Order 1991#

Article 4Amendment of the Bovine Spongiform Encephalopathy Order 1991#

Defined terms · 2

Key facts

Connections

History · 1 version

Article 1Citation and commencement#

Article 2Amendment of the Diseases of Animals (Ascertainment of Disease) Order 1985#

Article 3Amendment of the Specified Diseases (Notification) Order 1991#

Article 4Amendment of the Bovine Spongiform Encephalopathy Order 1991#