The Bovines and Bovine Products (Trade) Regulations 1999

Contents

461 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. 1 · Title, commencement and extent
2. 2 · Interpretation
   1. (1) In these Regulations, unless the context otherwise requires– • “additional mark”– (a) in relation to any foreign origin export eligible goods (other than an
   2. (2) Expressions in these Regulations which are not defined in paragraph (1) above and which appear in the Council Decision have the same meaning in these Regula
3. 3 · Trade in live bovine animals, bovine embryos, mammalian meat and bone meal and related products
   1. (1) Subject to paragraph (2) below, no person shall despatch from Great Britain to a member State or a third country, bring to any place in Great Britain for th
   2. (2) Nothing in paragraph (1) above shall prohibit the despatch, bringing or consignment of any food destined for domestic carnivores by reason only that such fo
4. 4 · Trade in meat, products, by-products and materials derived from bovine animals slaughtered in the United Kingdom
   1. (1) Subject to the following provisions of this regulation no person shall despatch from Great Britain to a member State or a third country, bring to any place
   2. (2) The prohibitions in paragraph (1) above shall not apply in relation to any type of ECHS goods prepared in whole or in part in Northern Ireland in accordance
   3. (3) The prohibitions in paragraph (1) above shall not apply in relation to any controlled bovine by-product produced in an establishment registered under regula
   4. (4) The prohibitions in paragraph (1) above shall not apply in relation to any DBES goods if–
   5. (5) The prohibitions in paragraph (1) above shall not apply in relation to any sample, derived from a bovine animal slaughtered in the United Kingdom and destin
5. 5 · Trade in meat, products, by-products and materials derived from bovine animals not slaughtered in the United Kingdom
   1. (1) No person shall despatch from Great Britain to a member State or a third country, bring to any place in Great Britain for the purpose of such despatch or co
   2. (2) No person shall despatch from Great Britain to a member State or a third country, bring to any place in Great Britain for the purpose of such despatch or co
6. 6 · Production of bovine by-products and consignment and placing on the market of bovine meat, products and certain by-products
   1. (1) No person shall produce any gelatin or collagen, derived from a bovine animal slaughtered in the United Kingdom, which is liable to enter the human food or
   2. (2) No person shall produce any gelatin or collagen derived from a bovine animal not slaughtered in the United Kingdom, which is liable to enter the human food
   3. (3) No person shall consign or bring to an establishment registered under regulation 7 below material derived from a bovine animal which includes any part of th
   4. (4) No person shall bring to any place in Great Britain or consign from any place in Great Britain, for the purpose of despatch from Great Britain to a member S
   5. (5) No person shall bring to any place in Great Britain or consign from any place in Great Britain, for the purpose of despatch from Great Britain to a member S
   6. (6) No person shall bring to any establishment approved under regulation 12 below or consign from any place in Great Britain to such an establishment any produc
   7. (7) The products, by-products and material referred to in paragraph (6) above are– derived from bovine animals which have not been slaughtered in the United Kin
   8. (8) No person shall store, sell or otherwise supply, or offer, expose or advertise for sale or supply, or consign or despatch to any other person, any product o
   9. (9) The products and by-products referred to in paragraph (8) above are any gelatin, di-calcium phosphate, collagen, tallow, products derived from tallow by sap
   10. (10) No person shall place on the market in Great Britain any fresh meat, minced meat, meat preparation, meat product or other product of animal origin which be
7. 7 · Registration of establishments for the production of controlled bovine by-products
   1. (1) No person shall use any premises for the production of any type of controlled bovine by-product unless those premises are registered by the Minister under t
   2. (2) The Minister on an application made to him for the registration of an establishment under this regulation–
   3. (3) An application for registration of an establishment under this regulation shall be made in writing to the Minister by the operator of the establishment to w
   4. (4) The Minister shall notify the applicant in writing of his decision on the application; and, if he refuses to register an establishment, he shall notify the
   5. (5) No person shall produce–
   6. (6) If in relation to any establishment registered under this regulation the Minister is satisfied that– he may withdraw the registration relating to that estab
8. 8 · Requirements imposed on the operator of a registered establishment
   1. (1) The operator of an establishment at which any controlled bovine by-product is produced shall ensure that the establishment, and the suitability of the contr
   2. (2) The operator of an establishment registered under regulation 7 shall ensure that–
   3. (3) The operator of an establishment registered under regulation 7 above shall give the Minister written notice of any material change he intends to make–
9. 9 · Use of controlled bovine by-products and other products
   1. (1) Subject to the following provisions of this regulation, no person shall use any–
   2. (2) The prohibition in paragraph (1)(a) above shall not apply to the use of a controlled bovine by-product produced in accordance with regulation 7 and the requ
   3. (3) The prohibition in paragraph (1)(b) above shall not apply to the use of gelatin or collagen produced–
10. 10 · Approval of establishments for the slaughter of DBES eligible animals and preparation of DBES goods
    1. (1) No person shall use any premises for the slaughter of any DBES eligible animal from which any DBES goods will be derived unless–
    2. (2) The Minister on an application made to him for the approval of an establishment under this regulation–
    3. (3) The requirements for the approval of an establishment for the slaughter of DBES eligible animals under this regulation are–
    4. (4) An application for approval of an establishment under this regulation shall be made in writing to the Minister by the operator of the establishment to which
    5. (5) The Minister shall notify the applicant in writing of his decision on the application; and, if he refuses to approve the establishment, he shall notify the
    6. (6) If in relation to any establishment approved under this regulation the Minister is satisfied that– he may withdraw the approval relating to that establishme
11. 11 · Requirements imposed on the operator of an establishment approved under regulation 10
    1. (1) The operator of an establishment approved under regulation 10 above shall ensure that–
    2. (2) The operator of an establishment approved under regulation 10 above shall ensure that all DBES goods prepared there, other than DBES goods destined for plac
    3. (3) In paragraph (2)(b) above a “relevant despatch” of goods is–
    4. (4) The operator of an establishment approved under regulation 10 above shall not mark any goods with an additional mark other than those required to be so mark
    5. (5) The additional mark shall be applied by persons acting under the responsibility of a veterinary inspector; and no other persons shall apply the additional m
    6. (6) No person shall produce, modify, store, sell or otherwise supply, or offer, expose or advertise for sale or supply, or consign or despatch to any other pers
    7. (7) An operator of an establishment approved under regulation 10 above shall ensure that at or before the time any instrument intended for the application of th
    8. (8) The operator of an establishment approved under regulation 10 above shall ensure, in respect of any DBES goods prepared there which are destined for placing
    9. (9) If a bovine animal is slaughtered at an establishment in contravention of any of the requirements of these Regulations and the operator of the establishment
    10. (10) If a bovine animal is slaughtered at an establishment in contravention of any of the requirements of these Regulations and the carcase of the animal or any
    11. (11) The operator of an establishment approved under regulation 10 above shall give the Minister written notice of, and shall obtain his agreement to, any mater
12. 12 · Approval of establishments for the preparation or despatch of foreign origin export eligible goods, DBES and ECHS goods and foreign origin bovine by-products
    1. (1) No person shall use any premises– unless those premises are an establishment approved by the Minister under this regulation for the preparation respectively
    2. (2) On an application made to him for the approval of an establishment under this regulation, and following an inspection of that establishment by a veterinary
    3. (3) The requirements for the approval of an establishment under this regulation are–
    4. (4) An application for approval of an establishment under this regulation shall be made in writing to the Minister by the operator of the establishment to which
    5. (5) The Minister shall notify the applicant in writing of his decision on the application; and, if he refuses the application, he shall notify the applicant in
    6. (6) If in relation to any establishment approved under this regulation the Minister is satisfied that– he may withdraw the approval relating to that establishme
13. 13 · Requirements imposed on the operator of an establishment approved under regulation 12
    1. (1) The operator of an establishment approved under regulation 12 above shall ensure that–
    2. (2) In respect of the preparation at the establishment of any export eligible goods, that–
    3. (3) The operator of an establishment approved under regulation 12 above shall ensure that all export eligible goods prepared there, other than– are marked or la
    4. (4) In paragraph (3) above a “relevant despatch” of goods is–
    5. (5) The operator of an establishment approved under regulation 12 above shall not mark any goods with an additional mark other than those required to be so mark
    6. (6) The operator of an establishment approved under regulation 12 above shall ensure that no products of animal origin derived from DBES and ECHS meat, other th
    7. (7) The operator of an establishment approved under regulation 12 above shall ensure that all export eligible goods–
    8. (8) The operator of an establishment approved under regulation 12 above shall ensure that all foreign origin export eligible goods or foreign origin bovine by-p
    9. (9) The operator of an establishment at which any foreign origin bovine by-products are produced shall ensure that the establishment, and the suitability of the
    10. (10) The additional mark shall be applied by persons acting under the responsibility of a veterinary inspector; and no other persons shall apply the additional
    11. (11) No person shall produce, modify, store, sell or otherwise supply, or offer, expose or advertise for sale or supply, or consign or despatch to any other per
    12. (12) An operator of an establishment approved under regulation 12 above shall ensure that at or before the time any instrument intended for the application of a
    13. (13) The operator of an establishment approved under regulation 12 above shall ensure, in respect of any export eligible goods prepared there which are destined
    14. (14) The operator of an establishment approved under regulation 12 above shall give the Minister written notice of, and shall obtain his agreement to, any mater
    15. (15) The operator of an establishment approved under regulation 12 above shall give the Minister written notice of any material change he intends to make– befor
14. 14 · Fees
    1. (1) The Minister may charge an operator reasonable fees in respect of costs reasonably incurred by him or on his behalf in connection with–
    2. (2) Where the Minister has notified the operator of any establishment of a fee charged for the purposes of these Regulations in respect of the establishment the
    3. (3) A fee charged to an operator for the purposes of these Regulations shall be recoverable on demand by the Minister as a debt from the operator.
15. 15 · Powers to stop and search vehicles and vessels and detain goods
    1. (1) At any time while a vehicle or vessel is– an officer or an inspector may, for the purposes of the enforcement of these Regulations, stop and search the vehi
    2. (2) Where at any place (including any place which is referred to in paragraph (1) above) an officer or an inspector has reasonable grounds to suspect that any v
    3. (3) Where an officer or an inspector has stopped and searched a vehicle or vessel under paragraph (1) above or has searched a vehicle or a vessel under paragrap
    4. (4) Any goods detained under this regulation shall be dealt with during the period of their detention in such manner as the officer or inspector detaining the g
    5. (5) Goods for “illegal” for the purposes of this regulation if–
    6. (6) For the purposes of paragraph (1) above a “port”, an “aerodrome”, an “approved wharf”, “transit shed”, “customs warehouse” and “free zone” have the same mea
16. 16 · Powers of entry
    1. (1) An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to en
    2. (2) If a justice of the peace, on sworn information in writing is satisfied that there is reasonable ground for entry into any premises (excluding premises used
    3. (3) In the application of this regulation to Scotland any reference to a justice of the peace includes a reference to the sheriff and to a magistrate.
17. 17 · Seizure of illegal goods
    1. (1) Where an inspector has a reasonable suspicion that a consignment of any– is illegal, he may require the person in control of any commercial documentation or
    2. (2) Where an inspector exercises the power conferred by paragraph (1) above or where, otherwise than in relation to the exercise of that power he has such a sus
    3. (3) Where an inspector exercises the power conferred by paragraph (2) above, he shall as soon as is reasonably practicable, and in any event within the period o
    4. (4) Where the inspector is satisfied that the consignment is not illegal, he shall–
    5. (5) Where the inspector is satisfied that the consignment is illegal, he shall inform the person in charge of the consignment of his intention to have it dealt
    6. (6) If it appears to a justice of the peace, on the basis of such evidence as he considers to be appropriate in the circumstances, that a consignment is illegal
    7. (7) Where the justice of the peace is satisfied that there is no relevant risk in respect of the consignment if it is returned to the owner, he shall order the
    8. (8) For the purposes of paragraphs (6) and (7) above, the “relevant risk” in respect of a consignment is the risk that–
    9. (9) A consignment is “illegal” for the purposes of this regulation if–
    10. (10) In the application of this regulation to Scotland–
18. 18 · Sampling and other checks and examinations
    1. (1) An inspector shall have power to carry out all checks and examinations necessary for the enforcement of these Regulations.
    2. (2) An inspector may–
19. 19 · Powers of customs officers to detain vehicles and vessels
    1. (1) An officer may, for the purpose of facilitating the exercise by any inspector of the powers conferred on the inspector by these Regulations, detain any vehi
    2. (2) Any vehicle or vessel detained by an officer under this regulation shall be dealt with during the period of its detention in such manner as the officer may
20. 20 · Suspension notices and orders
    1. (1) If an inspector is satisfied that the despatch risk is fulfilled with respect to a consignment on business premises of any goods, products, by-products or m
    2. (2) If a magistrates' court or, in Scotland, the sheriff is satisfied, on the application of an inspector, that the despatch risk is fulfilled with respect to a
    3. (3) An inspector shall not apply for a suspension order unless, at least one day before the date of the application, he has served notice on the proprietor of t
    4. (4) As soon as practicable after the service of a suspension notice, an inspector shall affix a copy of the notice in a conspicuous position on such premises us
    5. (5) As soon as reasonably practicable after the making of a suspension order, an inspector shall–
    6. (6) A suspension notice shall cease to have effect–
    7. (7) A suspension notice or suspension order shall cease to have effect on the issue by the Minister of a certificate to the effect that he is satisfied that the
    8. (8) The Minister shall issue a certificate under paragraph (7) above within three days of his being satisfied as mentioned in that paragraph; and on an applicat
    9. (9) Where a suspension notice is served on the proprietor of a business, the Minister shall compensate him in respect of any loss suffered by reason of his comp
    10. (10) For the purposes of this regulation, the “despatch risk” in respect of a consignment of goods, products, by-products or material is the risk that some or a
21. 21 · Obstruction
    1. (1) No person shall–
    2. (2) Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate hi
22. 22 · Offences and penalties
    1. (1) No person shall slaughter a bovine animal, for the purpose of deriving from the animal any DBES goods, otherwise than in an establishment approved for the s
    2. (2) No person shall slaughter a bovine animal, for the purpose of deriving from the animal any DBES goods, unless the animal is a DBES eligible animal at the ti
    3. (3) A person contravening or failing to comply with paragraph (1) or (2) above, or with any other provision of these Regulations, shall be guilty of an offence
    4. (4) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of,
    5. (5) For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body co
    6. (6) Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance
23. 23 · Offences due to fault of another person and defence of due diligence
    1. (1) Where the commission by any person of an offence under any of the provisions of these Regulations is due to the act or default of some other person, that ot
    2. (2) In any proceedings for an offence under any of the provisions of these Regulations, it shall, subject to paragraph (3) below, be a defence for the person ch
    3. (3) If in any case the defence provided by paragraph (2) above involves the allegation that the commission of the offence was due to an act or default of anothe
    4. (4) In paragraph (3) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.
24. 24 · Enforcement
    1. (1) Except as provided in paragraph (2) below, these Regulations shall be enforced and executed by the Minister and the local authority.
    2. (2) The Minister may direct, in relation to cases of a particular description or any particular case, that the duty imposed on a local authority under this regu
25. 25 · Service of notices and other documents
    1. (1) Any notice or other document to be given or served on any person under these Regulations may be given or served either–
    2. (2) Where a notice or other document is to be given or served on the owner, proprietor, operator or occupier of any premises and it is not practicable after rea
26. 26 · Revocation of the Bovines and Bovine Products (Trade) Regulations 1998 and savings provisions
    1. (1) The Bovines and Bovine Products (Trade) Regulations 1998 are hereby revoked.
    2. (2) Any registration or approval of premises under the Bovines and Bovine Products (Trade) Regulations 1998 which is in force immediately before the commencemen
    3. (3) Any appointment of an inspector or veterinary inspector under the Bovines and Bovine Products (Trade) Regulations 1998 which is in force immediately before
27. Schedule 1 · Required methods of operation for DBES slaughterhouses
28. Schedule 2 · Required methods of operation for the preparation of export eligible goods in export dedicated establishments
29. Schedule 3 · Required methods of operation for the preparation of foreign origin export eligible goods in establishments which are not export dedicated establishments
30. Schedule 4 · Additional Mark for foreign origin export eligible goods
    1. (1) The additional mark for application to meat using a marking...
    2. (2) (1) The additional mark to be borne on labels to...
    3. (3) (1) The additional mark to be borne on labels to...
    4. (4) (1) The additional mark to be applied by pre-printing, ink...
31. Schedule 5 · Additional Mark for DBES goods, ECHS goods prepared in Great Britain, goods containing any DBES goods or ECHS goods (whether or not prepared in Great Britain), or foreign origin export eligible goods consisting of, or derived from, fresh meat which has been deboned and from which all adherent tissues, including obvious nervous and lymphatic tissues, have been removed
    1. (1) (1) The additional mark for application to meat using a...
    2. (2) (1) The additional mark to be borne on labels to...
    3. (3) (1) The additional mark to be borne on labels to...
    4. (4) (1) The additional mark to be applied by pre-printing, ink...
32. Schedule 6 · Official seal
    1. (1) An official seal for purposes of official control under these...
    2. (2) The letters and numbers required by paragraph 1(c) above shall...