S.I. No. 80/1997 - Diseases of Animals (Bovine Spongiform Encephalopathy) (Specified Risk Material) Order, 1997.

S.I. No. 80 of 1997.

DISEASES OF ANIMALS (BOVINE SPONGIFORM ENCEPHALOPATHY) (SPECIFIED RISK MATERIAL) ORDER, 1997.

I, IVAN YATES, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by sections 3 , 13 and 27 of the Diseases of Animals Act, 1966 (No. 6 of 1966), as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 11 of 1993 ), hereby order as follows:

1. (1) This Order may be cited as the Diseases of Animals (Bovine Spongiform Encephalopathy) (Specified Risk Material) Order, 1997.

(2) This Order shall come into operation on the 21st day of February, 1997.

(3) The collective citation "the Diseases of Animals (Bovine Spongiform Encephalopathy) Orders, 1989 to 1997" shall include this Order.

2. In this Order—

"the Act" means the Diseases of Animals Act, 1966 (No. 6 of 1966);

"authorised officer" means a person who, for the time being, stands appointed under Article 14 of this Order;

"carcase" means the carcase of a bovine, caprine or ovine animal (cattle, goats or sheep);

"the Minister" means the Minister for Agriculture, Food and Forestry;

"protein" means the proteinaceous material derived from rendering animal tissues;

"rendering" includes any process involving crushing, cooking or grinding;

"sell" includes offer, expose or keep for sale, invite an offer to buy, or distribute (whether for reward or not) and cognate words shall be construed accordingly;

"specified risk material" means—

( a ) the skull, the brain, the eyes and spinal cord of a bovine animal aged over 12 months,

( b ) the skull, the brain, the eyes and spinal cord of a caprine or ovine animal which has a permanent incisor tooth erupted through the gum, and

( c ) the spleen of a caprine or ovine animal,

and includes anything left attached to such material after dissection of the carcass and any animal matter which comes into contact with the material after it has been removed from the carcase;

"tallow" means the fatty material derived from rendering animal tissues.

3. (1) A person shall not sell, or supply for sale—

( a ) any specified risk material or any product containing specified risk material, or

( b ) any protein or tallow obtained from the rendering of specified risk material,

for human consumption.

(2) A person shall not use—

( a ) any specified risk material or any product containing specified risk material, or

( b ) any protein or tallow obtained from the rendering of specified risk material,

in the preparation of food for sale for human consumption.

(3) A person shall not sell, or supply for sale—

( a ) any specified risk material or any product containing specified risk material, or

( b ) any protein or tallow obtained from the rendering of specified risk material,

for use in the preparation of food for human consumption.

4. (1) A person shall not—

( a ) sell or supply for feeding to animals or poultry—

(i) specified risk material or any product containing specified risk material, or

(ii) protein or tallow obtained from the rendering of specified risk material;

( b ) feed to animals or poultry—

(i) specified risk material or any product containing specified risk material, or

(ii) protein or tallow obtained from the rendering of specified risk material;

( c ) feed to animals or poultry any feedingstuff which he knows, or has reason to believe, contains—

(i) specified risk material or any product containing specified risk material, or

(ii) protein or tallow obtained from the rendering of specified risk material;

( d ) sell or supply for incorporation into any feedingstuff intended for feeding to animals or poultry—

(i) specified risk material or any product containing specified risk material, or

(ii) protein or tallow obtained from the rendering of specified risk material;

( e ) use any—

(i) specified risk material or any product containing specified risk material, or

(ii) protein or tallow obtained from the rendering of specified risk material,

in the production of any feedingstuff intended for feeding to animals or poultry.

(2) Any person who has in his possession or under his control any specified risk material, product containing specified risk material, or protein or tallow obtained from the rendering of specified risk material, shall ensure that animals or poultry do not have access at any time to such material, product, protein or tallow.

5. (1) A person shall not remove specified risk material from a carcase other than at—

( a ) premises—

(i) licensed for the time being as an abattoir under the Abattoirs Act, 1988 (No. 8 of 1988),

(ii) licensed for the time being under the Pigs and Bacon Acts, 1935 to 1961, or

(iii) registered under the Agricultural Produce (Fresh Meats) Acts, 1930 to 1938, and for the time being occupied by a person who holds a licence under those Acts, or

( b ) a knackery licensed for the time being by the Minister under the European Communities (Knackery) Regulations, 1996 ( S.I. No. 396 of 1996 ).

(2) When specified risk material is removed from a carcass in accordance with paragraph (1), the owner or person in charge of the premises or knackery concerned shall ensure that the specified risk material—

( a ) does not come into contact with any other animal material while in the premises or knackery,

( b ) is, immediately following its removal, placed in leakproof containers marked with the words "specified risk material", and

( c ) is dealt with in accordance with this Order.

6. (1) Where specified risk material is removed from a carcass in accordance with Article 5 of this Order, the owner or person in charge of the premises or knackery concerned shall ensure that it is stained immediately with a staining ink or other material approved by the Minister for this purpose, and in any event before it is frozen.

(2) The provisions of this Article shall not apply in the case of a post-mortem examination carried out by a veterinary surgeon where he makes arrangements for the removal and disposal of the whole carcase in accordance with Articles 7 and 8 of this Order.

7. (1) A person shall not move or cause to be moved specified risk material from premises in which it has been removed from a carcass in accordance with Article 5 of this Order other than to—

( a ) premises which stand approved for the time being by the Minister under this Article for the storage of specified risk material, or

( b ) a rendering plant which stands approved for the time being by the Minister under Article 8 of this Order for the rendering of specified risk material.

(2) The Minister may, on application by an owner or person in charge of premises, grant licences in respect of premises which have been approved by him for the storage of—

( a ) specified risk material, or

( b ) protein or tallow which has been obtained from specified risk material after it has been rendered,

where he is satisfied that they are properly equipped and have sufficient facilities for storing and handling such products in a manner to keep them separate from any other products on the premises.

(3) An application for a licence under this Article shall be made in such form as the Minister may specify.

(4) The Minister may, if he is not satisfied that the provisions of this Order are being or have been complied with by a person granted a licence under this Article or will be complied with by an applicant for such a licence, revoke the licence or refuse to grant the licence.

(5) Where the Minister proposes to revoke a licence granted under this Article, or to refuse to grant such a licence, he shall—

( a ) notify the person concerned in writing of the proposal and of the reasons therefor,

( b ) notify the person in writing that he, or a person acting on his behalf, may make representations to the Minister in relation to the proposal within 14 days of the receipt by him of the notification, and

( c ) consider any such representations duly made before deciding whether to proceed with the proposal or not.

(6) The owner or person in charge of premises which have been approved under this Article shall keep, for a period of six years following the date on which specified risk material, or protein or tallow obtained from the rendering of specified risk material, arrives at the premises, a record in writing of—

( a ) the weight of the specified risk material, or protein or tallow obtained from the rendering of specified risk material, delivered;

( b ) the date of delivery; and

( c ) the place from which it was consigned.

(7) The owner or person in charge of premises approved under this Article shall ensure that specified risk material, or protein or tallow obtained from the rendering of specified risk material, is kept separate from all other products on the premises.

(8) A person shall not remove specified risk material, or protein or tallow obtained from the rendering of specified risk material, from premises approved under this Article other than to—

( a ) another premises approved for the time being to store specified risk material, or protein or tallow obtained from the rendering of specified risk material, under this Article,

( b ) in the case of specified risk material, a rendering plant approved for the time being to process specified risk material under Article 8 of this Order, or

( c ) in the case of protein or tallow obtained from the rendering of specified risk material, premises approved by the Minister for the destruction or disposal of such protein or tallow under Article 11 of this Order.

(9) Where specified risk material, or protein or tallow obtained from the rendering of specified risk material, is removed from premises in accordance with paragraph (8) of this Article, the owner or person in charge of the premises from which it is removed shall keep, for a period of six years from the date on which it is removed, a record in writing of—

( a ) the weight of specified risk material, or protein or tallow obtained from the rendering of specified risk material, removed,

( b ) the date of its removal, and

( c ) the place of destination.

(10) Notwithstanding the other provisions of this Article, the Minister may, where he is satisfied that there is a serious and immediate risk to animal or human health, suspend without notice a licence granted under this Article.

8. (1) The Minister may, on application by the owner or person in charge thereof, grant a licence to a rendering plant which has been approved by him for the purposes of rendering specified risk material where he is satisfied that—

( a ) it has suitable facilities to ensure that specified risk material and the protein and tallow derived from the rendering of such material are kept separate from all other products at the plant, and

( b ) no other products, other than specified risk material, will be rendered at the plant.

(2) An application for a licence under this Article shall be made in such form as the Minister may specify.

(3) The Minister may, if he is not satisfied that the provisions of this Order are being or have been complied with by a person granted a licence under this Article or will be complied with by an applicant for such a licence, revoke the licence or refuse to grant the licence.

(4) Where the Minister proposes to revoke a licence granted under this Article, or to refuse to grant such a licence, he shall—

( a ) notify the person concerned in writing of the proposal and of the reasons therefor,

( b ) notify the person in writing that he, or a person acting on his behalf, may make representations to the Minister in relation to the proposal within 14 days of the receipt by him of the notification, and

( c ) consider any such representations duly made before deciding whether to proceed with the proposal or not.

(5) The owner or person in charge of a rendering plant which has been approved under this Article shall keep, for a period of six years following the date on which specified risk material arrives at the plant, a record in writing of—

( a ) the weight of the specified risk material delivered,

( b ) the date of delivery, and

( c ) the place from which it was consigned.

(6) The owner or person in charge of a plant approved under this Article shall ensure that—

( a ) specified risk material is kept separate from all other products on the premises;

( b ) the protein and tallow obtained from the rendering of the specified risk material is not removed from the plant other than to—

(i) premises which stand approved for the time being under Article 7 of this Order, or

(ii) premises which stand approved for the time being by the Minister for the destruction or disposal of such protein and tallow under Article 11 of this Order.

(7) Notwithstanding the other provisions of this Article, the Minister may, where he is satisfied that there is a serious and immediate risk to animal or human health, suspend without notice a licence granted under this Article.

9. A person rendering a whole carcass shall do so only at a rendering plant approved for the time being under Article 8 of this Order as if the carcass were specified risk material.

10. (1) Specified risk material, or protein and tallow obtained from the rendering of specified risk material, shall not be transported to premises which have been approved under Article 7 or 11 of this Order or a rendering plant which has been approved under Article 8 of this Order other than by a vehicle or other means of transport approved by the Minister for that purpose under this Article.

(2) The Minister may, on application by the owner or person in charge thereof, grant approval in respect of a vehicle or other means of transport for the purposes of the transport of specified risk material, or protein and tallow obtained from the rendering of such material, where he is satisfied that—

( a ) it is suitable for the purposes of such transport, and

( b ) the owner or person in charge thereof has adequate facilities for the cleansing and disinfection of the vehicle or other means of transport.

(3) The Minister may, if he is not satisfied that the provisions of this Order are being or have been complied with by a person granted a licence under this Article or will be complied with by an applicant for such a licence, revoke the licence or refuse to grant the licence.

11. (1) The Minister may, on application by an owner or person in charge thereof, grant a licence to premises approved by him for the disposal or destruction of protein or tallow obtained from the rendering of specified risk material, where he is satisfied that—

( a ) the destruction or disposal concerned may lawfully be carried out at the premises concerned, and

( b ) the method of destruction or disposal carried out at the premises does not pose any risk to animal or human health.

(2) An application for a licence under this Article shall be made in such form as the Minister may specify.

(3) The Minister may, if he is not satisfied that the provisions of this Order are being or have been complied with by a person granted a licence under this Article or will be complied with by an applicant for such a licence, revoke the licence or refuse to grant the licence.

(4) Where the Minister proposes to revoke a licence granted under this Article, or to refuse to grant such a licence, he shall—

( a ) notify the person concerned in writing of the proposal and of the reasons therefor,

( b ) notify the person in writing that he, or a person acting on his behalf, may make representations to the Minister in relation to the proposal within 14 days of the receipt by him of the notification, and

( c ) consider any such representations duly made before deciding whether to proceed with the proposal or not.

(5) The owner or person in charge of premises which have been approved under this Article shall keep, for a period of six years following the date on which the protein or tallow arrives at the premises, a record in writing of—

( a ) the weight of the protein and tallow delivered,

( b ) the date of delivery, and

( c ) the place from which the protein and tallow was consigned.

(6) A person shall not dispose of or destroy, or attempt to dispose of or destroy, protein or tallow obtained from the rendering of specified risk material other than at premises approved by the Minister under this Article.

(7) Notwithstanding the other provisions of this Article, the Minister may, where he is satisfied that there is a serious and immediate risk to animal or human health, suspend without notice a licence granted under this Article.

12. (1) The Minister may attach such conditions to a licence granted under Article 7, 8 or 11 of this Order, or vary or revoke any such conditions, as he may deem necessary for the purposes of this Order.

(2) A person shall not contravene any condition attached to a licence under paragraph (1) of this Article, including any condition as may be varied thereunder.

13. (1) An inspector, authorised officer or member of the Garda Síochána may, for the purposes of this Order—

( a ) at all reasonable times, enter any premises or place, and any vehicle, wagon, vessel or other means of transport (other than any premises, place or means of transport consisting of a dwelling or other than so much thereof as consists of a dwelling) where he reasonably suspects that any animal, product or document which he considers should be examined or inspected for the purposes of his functions under this Order is to be found,

( b ) there or at any other place, examine and inspect any animal, product or document and, in the case of an animal, an inspector may carry out a clinical inspection thereof,

( c ) take, without payment of compensation, such samples of any product at the premises or place or on or in the means of transport as he may reasonably require for the purposes of his functions under this Order and carry out or have carried out on the samples such analyses, examinations, checks and inspections as he considers necessary or expedient for the purposes of such functions,

( d ) there or at any other place, carry out or have carried out such examinations, checks and inspections of the premises, place or means of transport and any equipment, machinery or plant and any product found there as he reasonably considers necessary or expedient for the purposes of such functions,

( e ) require any person at the premises or place or on or in the means of transport and the owner or person in charge thereof and any person employed in connection therewith to give to him such information and to produce to him such books, certificates, documents and other records, including any records required to be kept by this Order, within the power or procurement of the person as he may reasonably require for the purposes of his functions under this Order,

( f ) examine and take copies of, or of extracts from, any such records as aforesaid,

( g ) seize and detain anything found there which he reasonably believes to be evidence of an offence under this Order.

(2) A person shall not, in purported compliance with a requirement under paragraph (1) (e) above, give information to an inspector, authorised officer or member of the Garda Síochána that he knows to be false or misleading in a material respect.

(3) The powers conferred by this Article on an inspector, authorised officer or member of the Garda Síochána are in addition to, and not in substitution for, the powers conferred on such inspector, officer or member by the Act.

14. (1) The Minister may appoint such and so many persons as he thinks fit to be authorised officers for the purposes of this Order.

(2) An inspector or authorised officer, when exercising any power conferred on him for the purposes of this Order, shall, if so requested by any person affected, produce evidence in writing of his appointment as an authorised officer or inspector.

(3) A member of the Garda Síochána, not in uniform, when exercising any such power, shall, if so requested by any person affected, produce evidence in writing that he is such a member.

GIVEN under my Official Seal, this 12th day of February, 1997.

IVAN YATES,

 Minister for Agriculture, Food

and Forestry.

EXPLANATORY NOTE.

This Order introduces controls on specified risk material, as defined in Article 2 of the Order, for the purposes of the control of Bovine Spongiform Encephalopathy.