S.I. No. 612/2006 - European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2006

S.I. No. 612 of 2006

EUROPEAN COMMUNITIES (TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES AND ANIMAL BY-PRODUCTS) REGULATIONS 2006

ARRANGEMENT OF REGULATIONS

1.	Citation and commencement
2.	Interpretation
3.	Placing on the market
4.	Restriction on import
5.	Restriction on manufacture, possession etc
6.	Labelling
7.	Storage and transport of processed animal protein
8.	Sale restricted to fixed premises
9.	Testing of certain animals
10.	Approval of plants
11.	Burial etc
12.	Research etc.
13.	Use of animal by-products
14.	Register of home compounders
15.	Animal by-products transport register.
16.	Appointment of authorised officers
17.	Functions of authorised officers
18.	Search warrant
19.	Compliance notice
20.	Forgery
21.	Service
22.	Fees
23.	Offences
24.	Prosecution
25.	Evidence on certificate
26.	Production of documents
27.	Fixed payment notice
28.	Savers
29.	Construction and transfer of certain functions
30.	Revocations
Schedule

S.I. No. 612 of 2006

EUROPEAN COMMUNITIES (TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES AND ANIMAL BY-PRODUCTS) REGULATIONS 2006

I, Mary Coughlan, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Regulation (EC) No. 999/2001 of the European Parliament and the Council of 22 May 2001¹ , Commission Regulation (EC) No. 1248/2001 of 22 June 2001² , Commission Regulation (EC) No. 1326/2001 of 29 June 2001³ , Commission Regulation (EC) No. 270/2002 of 14 February 2002⁴ , Commission Regulation (EC) No. 1494/2002 of 21 August 2002⁵ , Commission Regulation (EC) No. 260/2003 of 12 February 2003⁶ , Commission Regulation (EC) No. 650/2003 of 10 April 2003⁷ , Commission Regulation (EC) No. 1053/2003 of 19 June 2003⁸ , Regulation (EC) No. 1128/2003 of the European Parliament and the Council of 16 June 2003⁹ , Commission Regulation (EC No. 1139/2003 of 27 June 2003¹⁰ , Commission Regulation (EC) No. 1234/2003 of 10 July 2003¹¹ , Commission Regulation (EC) No. 1809/2003 of 15 October 2003¹² , Commission Regulation (EC) No. 1915/2003 of 30 October 2003¹³ , Commission Regulation (EC) No. 2245/2003 of 19 December 2003¹⁴ , Commission Regulation (EC) No. 876/2004 of 29 April 2004¹⁵ , Commission Regulation (EC) No. 1471/2004 of 18 August 2004¹⁶ , Commission Regulation (EC) No. 1492/2004 of 23 August 2004¹⁷ , Commission Regulation (EC No. 1993/2004 of 19 November 2004¹⁸ , Commission Regulation (EC) No. 36/2005 of 12 January 2005¹⁹ , Commission Regulation (EC) No. 214/2005 of 9 February 2005²⁰ , Commission Regulation (EC) No. 260/2005 of 16 February 2005²¹ , Commission Regulation (EC) No. 932/2005 of 8 June 2005²² , Commission Regulation (EC) No. 1292/2005 of 5 August 2005²³ and Commission Regulation (EC) No. 1974/2005 of 2 December 2005²⁴ , Commission Regulation (EC) No. 253/2006 of 14 February 2006²⁵ , Commission Regulation (EC) No. 339/2006 of 24 February 2006²⁶ and Commission Regulation (EC) No. 657/2006 of 10 April 2006²⁷ , Regulation (EC) No. 1774/2002 of the European Parliament and the Council of 3 October 2002²⁸ , Commission Regulation (EC) No. 808/2003 of 12 May 2003²⁹ , Commission Regulation (EC) No. 811/2003 of 12 May 2003³⁰ , Commission Regulation (EC) No. 668/2004 of 10 March 2004³¹ , Commission Regulation (EC) No. 878/2004 of 29 April 2004³² , Commission Regulation (EC) No. 79/2005 of 19 January 2005³³ , Commission Regulation (EC) No. 92/2005 of 19 January 2005³⁴ , Commission Regulation (EC) No. 93/2005 of 19 January 2005³⁵ , Commission Regulation (EC) No. 416/2005 of 11 March 2005³⁶ , Commission Regulation (EC) No. 181/2006 of 1 February 2006³⁷ , Commission Regulation (EC) No. 2067/2005 of 16 December 2005³⁸ , Commission Regulation (EC) No. 197/2006 of 3 February 2006³⁹ , Commission Regulation (EC) No. 208/2006 of 7 February 2006⁴⁰ and Commission Regulation (EC) No. 209/2006 of 7 February 2006⁴¹ , hereby make the following Regulations—

Citation and commencement

1. These Regulations may be cited as the European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2006 and come into operation on 1 September 2006.

Interpretation

2. (1) In these Regulations—

“Animal By-products Regulation” means Regulation (EC) No. 1774/2002 of the European Parliament and the Council of 3 October 2002 as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003, Commission Regulation (EC) No. 811/2003 of 12 May 2003, Commission Regulation (EC) No. 668/2004 of 10 March 2004, Commission Regulation (EC) No. 878/2004 of 29 April 2004, Commission Regulation (EC) No. 79/2005 of 19 January 2005, Commission Regulation (EC) No. 92/2005 of 19 January 2005, Commission Regulation (EC) No. 93/2005 of 19 January 2005, Commission Regulation (EC) No. 416/2005 of 11 March 2005, Commission Regulation (EC) No. 2067/2005 of 16 December 2005, Commission Regulation (EC) No. 181/2006 of 1 February 2006, Commission Regulation (EC) No. 197/2006 of 3 February 2006, Commission Regulation (EC) No. 208/2006 7 February 2006 and Commission Regulation (EC) No. 209/2006 of 7 February 2006;

“authorised officer” means—

(a) an authorised officer within the meaning of the Food Hygiene Regulations 1950 to 1999,

(b) a sea fisheries protection officer within the meaning of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006),

(c) an authorised officer within the meaning of section 17A (inserted by the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2003) of the Diseases of Animals Act 1966 (No. 6 of 1966),

(d) an authorised officer within the meaning of the European Communities (Food and Feed Hygiene) Regulations 2005 ( S.I. No. 910 of 2005 ),

(e) a person who, immediately before the making of these Regulations was an authorised officer within the meaning of the European Communities (Animal By-products) Regulations 2003 ( S.I. No. 248 of 2003 ), or

(f) a person appointed under Regulation 16.

“manufacture” means total or partial manufacture and includes incorporating, processing, compounding, formulating, filling, dividing up, packaging, labelling and presentation and cognate words are construed accordingly;

“Minister” means, subject to Regulation 29, the Minister for Agriculture and Food;

“premises” includes land (including land under water) with or without buildings, an establishment, a vehicle (including a boat, ship, hovercraft, aircraft or offshore installation (being an offshore installation within the meaning of the Safety, Health and Welfare (Offshore Installations) Act 1987 (No. 18 of 1987)), railway wagon, container or other thing used in connection with, or ancillary to, a thing aforesaid;

“purchase” includes buy, take in exchange, accept as a gift or otherwise receive;

“sell” includes offer, expose or keep for sale, invite an offer to buy, or distribute for reward or otherwise (whether directly or through another person);

“supply” means to give without reward;

“TSE Regulation” means Regulation (EC) No. 999/2001 of the European Parliament and the Council of 22 May 2001 as amended by Commission Regulation (EC) No. 1248/2001 of 22 June 2001, Commission Regulation (EC) No. 1326/2001 of 29 June 2001, Commission Regulation (EC) No. 270/2002 of 14 February 2002, Commission Regulation (EC) No. 1494/2002 of 21 August 2002, Commission Regulation (EC) No. 260/2003 of 12 February 2003, Commission Regulation (EC) No. 650/2003 of 10 April 2003, Commission Regulation (EC) No. 1053/2003 of 19 June 2003, Regulation (EC) No. 1128/2003 of the European Parliament and the Council of 16 June 2003, Commission Regulation (EC) No. 1139/2003 of 27 June 2003, Commission Regulation (EC) No. 1234/2003 of 10 July 2003, Commission Regulation (EC) No. 1809/2003 of 15 October 2003, Commission Regulation (EC) No. 1915/2003 of 30 October 2003, Commission Regulation (EC) No. 2245/2003 of 19 December 2003, Commission Regulation (EC) No. 876/2004 of 29 April 2004 Commission Regulation (EC) No. 1471/2004 of 18 August 2004, Commission Regulation (EC) No. 1492/2004 of 23 August 2004, Commission Regulation (EC) No. 1993/2004 of 19 November 2004, Commission Regulation (EC) No. 36/2005 of 12 January 2005, Commission Regulation (EC) No. 214/2005 of 9 February 2005, Commission Regulation (EC) No. 260/2005 of 16 February 2005, Commission Regulation (EC) No. 932/2005 of 8 June 2005, Commission Regulation (EC) No. 1292/2005 of 5 August 2005 and Commission Regulation (EC) No. 1974/2005 of 2 December 2005, Commission Regulation (EC) No. 253/2006 of 14 February 2006, Commission Regulation (EC) No. 339/2006 of 24 February 2006 and Commission Regulation (EC) No. 657/2006 of 10 April 2006;

“vehicle” includes a trailer, container or other thing used in connection with the vehicle.

(2) A word or expression that is used in the Animal By-products Regulation, the TSE Regulation or another act of the institutions of the European Community cited in these Regulations and is also used in these Regulations has, in these Regulations, the same meaning as in the Animal By-products Regulation, the TSE Regulation or act cited.

Placing on the market

3. A person shall not place on the market or export-

(a) a petfood, dogchew or technical product (other than those referred to in Article 20 (2) and (3) of the Animal By-products Regulation) or a product to which Annex VIII to the Animal By-products Regulation refers,

(b) an organic fertilizer referred to in Article 20(2) of the Animal By-products Regulation, or

other than in accordance with Article 20 of the Animal By-products Regulation.

Restriction on import

4. (1) A person shall not bring into the State a bovine animal, meat or other product derived from a bovine animal referred to in point 5 of Part D to Annex XI to the TSE Regulation.

(2) A person shall not have in his or her possession or under his or her control, sell or supply a bovine animal, meat or other product derived from a bovine animal referred to in paragraph (1).

Restriction on manufacture, possession etc

5. (1) A person shall not manufacture a feedingstuff that may be fed to a ruminant animal or have such a feedingstuff in his or her possession or under his or her control on a premises if-

(a) fishmeal or a feedingstuff that consists of or contains fishmeal,

(b) hydrolysed protein or a feedingstuff that consists of or contains hydrolysed protein,

(c) dicalcium phosphate of animal origin, tricalcium phosphate of animal origin or a feedingstuff that consists of or contains dicalcium phosphate or tricalcium phosphate of animal origin,

(d) a blood product or bloodmeal or a feedingstuff that consists of or contains a blood product or bloodmeal, or

(e) other processed animal protein,

is manufactured on the premises.

(2) A person shall not manufacture or have in his or her possession or under his or her control-

(a) fishmeal or a feedingstuff that consists of or contains fishmeal,

(b) hydrolysed protein or a feedingstuff that consists of or contains hydrolysed protein,

(c) dicalcium phosphate of animal origin, tricalcium phosphate of animal origin or a feedingstuff that consists of or contains dicalcium phosphate or tricalcium phosphate of animal origin,

(d) a blood product or bloodmeal or a feedingstuff that consists of or contains a blood product or bloodmeal, or

(e) other processed animal protein,

on a premises where a feedingstuff that may be fed to a ruminant is manufactured.

(3) A person shall not have-

(a) a substance that consists of or contains fishmeal, hydrolysed protein, a blood product, bloodmeal or other processed animal protein in his or her possession or under his or her control on a premises where a ruminant is kept, or

(b) a ruminant in his or her possession or under his or her control on a premises where a substance that consists of or contains fishmeal, hydrolysed protein, a blood product, bloodmeal or other processed animal protein is manufactured, sold, supplied or kept.

(4) A person shall not have a substance that consists of or contains dicalcium phosphate or tricalcium phosphate of animal origin in his or her possession or under his or her control on a premises where a farmed animal is kept other than under and in accordance with Annex IV to the TSE Regulation and the on-farm measures specified in the Schedule to these Regulations.

(5) A person shall not have a farmed animal in his or her possession or under his or her control on a premises where a substance that consists of or contains dicalcium phosphate or tricalcium phosphate of animal origin is manufactured, sold, supplied or kept other than under and in accordance with Annex IV to the TSE Regulation and the on-farm measures specified in the Schedule to these Regulations.

(6) Subject to paragraph (7), paragraphs (3), (4) and (5) do not apply to a-

(a) feedingstuff packed in a hermetically sealed tin, or

(b) dried, sealed and bagged feedingstuff if the bag weighs 20 kilograms or less,

on land where a farmed animal is kept if the feedingstuff is presented and labelled in accordance with Annex IV to the TSE Regulation and is intended for, and may lawfully be, fed to a canine or feline.

(7) A person may have a feedingstuff to which paragraph (6) applies on land where a farmed animal (other than a carnivorous fur producing animal) is kept, if-

(a) the animal does not have access to any part of the land where the feedingstuff is stored,

(b) the feedingstuff is stored in a leak-proof container that has a closely fitting lid on a part of the lands to which the animal does not have access, and

(8) In paragraphs (7) and (9), “land” includes land or premises ancillary to the first-mentioned land.

(9) Notwithstanding paragraph (3) a person may have in his possession or under his control and spread on land fertilizer that consists of or contains category 3 material, if—

(a) a farmed animal does not have access to any part of the land where the fertilizer is stored or spread,

(b) the fertilizer is stored in a leak-proof container that has a closely fitting lid on a part of the non-pasture land to which a farmed animal does not have access, and

(c) the fertilizer is stored in a manner that prevents contamination or contact with any other fertilizer or feedingstuff.

Labelling

6. (1) Subject to paragraph (2), a person shall not have in his or her possession or under his or her control, sell or supply a feedingstuff that consists of or contains fishmeal, hydrolysed protein, dicalcium phosphate of animal origin, tricalcium phosphate of animal origin, a blood product, bloodmeal or other processed animal protein unless the package, container, or an adhesive label (that adheres to the package or container and may not be readily removed) and accompanying document bears a notice, in legible form, that conforms to Annex IV to the TSE Regulation.

(2) A person may bring a feedingstuff that consists of or contains a substance referred to in paragraph (1) directly from a port within the State to a specified place to label it in accordance with paragraph (1) and it shall not be an offence for the person to have the feedingstuff in his or her possession or under his or her control for that purpose if he or she has given advance written notice of the movement to the District Veterinary Office in whose functional area the port is located and the District Veterinary Office in whose area the specified place is located.

(3) In this Regulation, “specified place” means a place that has been notified to the Minister and is used to label a feedingstuff in accordance with paragraph (2).

Storage and transport of processed animal proteins

7. (1) A person who stores or transports a substance to which the Animal By-products Regulation or the TSE Regulation refers shall take all necessary precautions to ensure that the substance does not contaminate a feedingstuff or food for human consumption.

(2) A person shall not cause or permit a substance to which the Animal By-products Regulation or the TSE Regulation refers to contaminate a feedingstuff intended for feeding to a farmed animal or food intended for human consumption.

Sale restricted to fixed premises

8. (1) A person, including a person to whom a meat seller's licence is granted, shall not sell an animal by-product or cause or permit a person to sell or supply an animal by-product—

(a) except from a fixed premises,

(b) from a travelling shop, vehicle, or vending machine,

(d) at a trade fair, exhibition, sporting event or place where animals are sold, slaughtered, exhibited or entered in competition.

(2) A person shall not travel from house to house soliciting orders for an animal by-product.

(3) In this Regulation—

“animal by-product” means an animal by-product which a person cannot feed to an animal other than under and in accordance with a meat feeding licence or sell or supply other than under and in accordance with a meat seller's licence;

“fixed premises” does not include a vehicle, trailer, caravan or other thing which may be transported on, in or attached to a vehicle, or any tent, awning or hut, shed, or, unroofed or temporary structure or stall, or any yard, field, roadway or casual trading area.

Testing of certain animals

9. (1) A person who slaughters or has in his or her possession or under his or her control the carcase of an animal to which Annex III to the TSE Regulation refers shall not process the carcase until—

(a) a sample has been taken from the carcase by a registered veterinary practitioner (within the meaning of the Veterinary Practice Act 2005 (No 22 of 2005)),

(b) the sample taken under subparagraph (a) has been subjected to a laboratory examination at an approved laboratory or the national reference laboratory, and

other than under and in accordance with the direction of an authorised officer.

(2) A person who slaughters or takes into his or her possession the carcase of an animal to which Annex III to the TSE Regulation refers shall securely detain the carcase in accordance with the directions of an authorised officer and shall not deal with the carcase or any part thereof other than in accordance with the directions of an authorised officer.

(3) A person shall take all necessary steps to ensure that the carcase of a bovine animal does not deteriorate to an extent that a sample taken from the carcase can not easily be tested using a method laid down in point 3(1)(b) of Chapter C of Annex X to the TSE Regulation.

Approval and authorisation of plants

10. (1) A person shall not operate a—

(a) category 1 intermediate plant,

(b) category 2 intermediate plant, or

other than under and in accordance with an approval granted for the purposes of Article 10 of the Animal By-products Regulation.

(2) A person shall not operate a storage plant other than under and in accordance with an approval granted for the purposes of Article 11 of the Animal By-products Regulation.

(3) A person shall not operate—

(a) an incineration plant, or

(b) a co-incineration plant,

to which Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000⁸ does not apply, other than under and in accordance with an approval granted for the purposes of Article 12 of the Animal By-products Regulation.

(4) A person shall not operate a—

(a) category 1 processing plant, or

(b) category 2 processing plant,

other than under and in accordance with an approval granted for the purposes of Article 13 of the Animal By-products Regulation.

(5) A person shall not operate a—

(a) category 2 oleochemical plant, or

(b) category 3 oleochemical plant,

other than under and in accordance with an approval granted for the purposes of Article 14 of the Animal By-products Regulation

(6) A person shall not operate a—

(a) biogas plant, or

(b) composting plant,

other than under and in accordance with an approval granted for the purposes of Article 15 of the Animal By-products Regulation

(7) A person shall not operate a category 3 processing plant other than under and in accordance with an approval granted for the purposes of Article 17 of the Animal By-products Regulation.

(8) A person shall not operate a—

(a) petfood plant, or

(b) technical plant (including a plant using animal by-products for taxidermy),

other than under and in accordance with an approval granted for the purposes of Article 18 of the Animal By-products Regulation.

(9) A person shall not operate a collection centre for the purposes of Article 23(4) of the Animal By-products Regulation other than under in accordance with an authorisation granted for the purposes of the Animal By-products Regulation.

(10) A person shall not carry out a laboratory examination for a transmissible spongiform encephalopathy (except at the national reference laboratory) other than under and in accordance with an approval granted for the purposes of Annex X of the TSE Regulation.

(11) Notwithstanding the generality of this Regulation, an authorised officer shall, in relation to an approval granted for the purposes of the Animal By-products Regulation, exercise the functions described in Article 12(4), 13(3), 14(4), 15(3), 17(3) and 18(3) of the Animal By-products Regulation and Article 5 of Commission Regulation (EC) No. 79/2005 of 19 January 2005.

(12) A person shall not use a dye to stain specified risk material or an animal by-product other than under and in accordance with an approval—

(i) granted for the purposes of the European Communities (Specified Risk Material) Regulations 2000 ( S.I. No. 332 of 2000 ) that was in force immediately before the making of the European Communities (Animal By-products) (Amendment) Regulations 2005 ( S.I. No. 707 of 2005 ), or

(ii) granted for the purposes of the Animal By-products Regulation or the TSE Regulation.

(13) A person, other than a person entered in the register of home compounders, shall not manufacture a feedingstuff that consists of or contains fishmeal other than under and in accordance with an authorisation granted for the purposes of point II(B)(c) of Annex IV to the TSE Regulation.

(14) A person, other than a person entered in the register of home compounders, shall not manufacture a feedingstuff that consists of or contains dicalcium phosphate or tricalcium phosphate of animal origin other than under and in accordance with an authorisation granted for the purposes of point II(C)(a) of Annex IV to the TSE Regulation.

(15) A person, other than a person entered in the register of home compounders, shall not manufacture a feedingstuff that consists of or contains a blood product or bloodmeal other than under and in accordance with an authorisation granted for the purposes of point II(D)(c) of Annex IV to the TSE Regulation.

(16) A person shall not operate a plant referred to, or use one of the processes described, in the Annexes to Commission Regulation (EC) No. 92/2005 of 19 January 2005 other than under and in accordance with an approval granted for the purposes of Article 3 (amended by Commission Regulation (EC) No. 2067/2005 of 16 December 2005) of that Regulation.

(17) A person shall not collect, transport, process, use or store category 3 material that consists of or contains milk, a milk-based product or a milk-derived product that have not been processed in accordance with Chapter V of Annex VII to the Animal By-products Regulation other than under and in accordance with authorisation granted for the purposes of Article 1 of Commission Regulation (EC) No. 79/2005 of 19 January 2005.

(18) The Minister may grant an approval or authorisation, attach conditions to an approval or authorisation (including conditions relating to storage of an animal by-product), revoke or vary a condition, withdraw an approval or authorisation or refuse an application.

(19) An application for an approval or authorisation shall be made in a form, be accompanied by any material and contain any particulars that the Minister specifies.

(20) The Minister shall not consider an application for an approval or authorisation if the application does not contain all the material and particulars sought by the Minister.

(21) Without prejudice to the generality of paragraph (18), the Minister may refuse an application or withdraw an approval or authorisation if—

(a) the applicant or person to whom an approval or authorisation is granted has been convicted of, or committed, an offence, whether he or she has been convicted or not, under the Diseases of Animals Act 1966 or Regulations made under the European Communities Act 1972 that relates to an animal or animal product,

(b) the applicant or person to whom an approval or authorisation is granted has failed to comply with a condition attached to an approval or authorisation,

(c) the applicant or person to whom an approval or authorisation is granted is not, in the opinion of the Minister, a fit and proper person for approval or authorisation,

(d) without prejudice to paragraph (18), in relation to the application, information required has not been furnished or information that is, in the opinion of the Minister, false or misleading has been furnished, or

(e) it is, in the opinion of the Minister—

(i) necessary to prevent the risk or spread of animal or human disease,

(ii) necessary to eradicate animal or human disease, or

(iii) necessary, incidental, supplementary or consequential for the purposes of giving effect to an act of the institutions of the European Communities, including the Animal By-products Regulation, relating to animal health or welfare.

(22) Without prejudice to the generality of paragraph (18), the Minister shall refuse an application or withdraw an approval or authorisation if the applicant or person to whom approval or authorisation is granted is convicted, on indictment, of an offence under the Diseases of Animal Act 1966 (No. 6 of 1966) or other enactment relating to animals.

(23) Other than in the case of paragraph (21) or (22), if the Minister proposes to withdraw an approval or authorisation, or to refuse an application, he or she shall—

(a) notify the person concerned in writing of the proposal and of the reasons therefor, and that he or she may make representations to the Minister in relation to the proposal within 14 days of the notification,

(b) consider a representation duly made before deciding whether to proceed with, modify or annul the proposal, and

(24) If the Minister is of the opinion that it is necessary to prevent the risk of disease or to give effect to an Act of an institution of the European Communities including the Animal By-products Regulation, he or she may withdraw an approval or authorisation in accordance with paragraph (23).

(25) If the Minister withdraws an approval or authorisation in accordance with this paragraph, he or she shall—

(a) notify the person concerned in writing of the decision and the reasons therefor, and that he or she may make representations to the Minister in relation to the decision within 14 days of the date of the notification,

(b) consider a representation made, and

(26) A person to whom an approval or authorisation is granted shall make such returns to the Minister as and when, and in such form as, the Minister may from time to time direct.

(27) The Minister shall maintain and publish, in a manner that he or she considers appropriate, a list of approvals or authorisations granted under this Regulation, divide the list into different classes having regard to the activity to which an approval or authorisation relates and include such information as he or she considers appropriate on the list.

(28) If the Minister withdraws an approval or authorisation under this Regulation or the approval or authorisation expires by effluxion of time, an entry on the list maintained under paragraph (27) ceases to have effect and the Minister shall, as soon as may be, after withdrawing the approval or authorisation remove details of the withdrawn approval or authorisation from the list.

Burial

11. (1) A person shall not dispose of or bury an animal or animal by-product or cause or permit a person to dispose of or bury an animal by-product other than under and in accordance with a licence (“burial licence”) or an authorisation under paragraph (6) and, if appropriate, with the prior consent of the Minister in accordance with Articles 6 or 8 of Commission Regulation (EC) No. 811/2003 of 12 May 2003.

(2) The Minister may grant a burial licence, attach conditions to a burial licence, revoke or vary a condition, revoke a burial licence or refuse an application.

(3) An application for a burial licence shall be made in a form, be accompanied by any material and contain any particulars that the Minister specifies.

(4) The Minister shall not consider an application for a burial licence unless in his or her opinion, the animal or animal by-product to which the application relates is located in a place (having particular regard to the topography of the place) that is remote from another place in which the animal or animal by-product may be disposed of in a lawful manner.

(5) The Minister shall not grant a burial licence and shall revoke a burial licence—

(a) if the application pertains to material referred to in Article 4(1)(a)(i) of the Animal By-products Regulation or does not contain all the material and particulars sought by him or her,

(b) if, in his or her opinion, the animal or animal by-product may be safely and reasonably disposed of in another lawful manner, or

(c) if, in his or her opinion, transport of an animal or animal by-product constitutes a serious risk to human or animal health.

(6) Notwithstanding paragraph (5) and subject to paragraph (4), an authorised officer may authorise a person to bury a single animal on the farm on which the animal died and may direct the manner in which the animal is buried.

(7) Without prejudice to the generality of paragraph (2), the Minister may refuse an application or revoke a burial licence if-

(a) the applicant or person to whom a burial licence is granted has been convicted of, or committed, an offence, whether he or she has been convicted or not, under the Diseases of Animals Act 1966 or Regulations made under the European Communities Act 1972 that relates to an animal or animal product,

(b) the applicant or person to whom a burial licence is granted has failed to comply with a condition attached to an approval,

(c) the applicant or person to whom a burial licence is granted is not, in the opinion of the Minister, a fit and proper person to hold a licence,

(d) without prejudice to paragraph (9), in relation to the application, information required has not been furnished or information that is, in the opinion of the Minister, false or misleading has been furnished, or

(e) it is, in the opinion of the Minister—

(i) necessary to prevent the risk or spread of animal or human disease,

(ii) necessary to eradicate animal or human disease, or

(8) Without prejudice to the generality of paragraph (2), the Minister shall refuse an application or revoke a burial licence if the applicant or person to whom a licence is granted is convicted, on indictment, of an offence under the Diseases of Animal Act 1966 (No. 6 of 1966) or other enactment relating to animals.

(9) A person to whom a burial licence or approval under paragraph (6) is granted shall take all necessary steps to ensure that burial of the animal or animal by-product to which the licence or approval under paragraph (6) relates does not cause nuisance, pollution or pose a threat to the environment.

(10) Other than in the case of paragraph (8) or (11), if the Minister proposes to revoke a burial licence or to refuse an application, he or she shall—

(b) consider a representation duly made before deciding whether to proceed with, modify or annul the proposal, and

(11) If the Minister is of the opinion that it is necessary to prevent the risk of disease or to give effect to an Act of an institution of the European Communities including the Animal By-products Regulation, he or she may revoke a burial licence or refuse an application in accordance with paragraph (12).

(12) If the Minister revokes a burial licence or refuses an application in accordance with this paragraph, he or she shall—

(b) consider a representation made, and

(13) A person to whom a burial licence or approval under paragraph (6) is granted shall make such returns to the Minister as and when, and in such form as, the Minister may from time to time direct.

(14) Nothing in this Regulation shall prevent the disposal of dead pet animals by burial.

(15) The Minister shall maintain and publish, in a manner that he or she considers appropriate, a list of burial licences, divide the list into different classes having regard to the activity to which a burial relates and include such information as he or she considers appropriate on the list.

(16) If the Minister revokes a burial licence or the licence expires by effluxion of time, an entry on the list maintained under paragraph (15) shall cease to have effect and the Minister shall, as soon as may be after revocation, remove details of the revoked licence from the list.

Research etc

12. (1) A person shall not use an animal by-product for diagnosis, education or scientific research other than under and in accordance with a licence granted by the Minister (“research licence”).

(2) The Minister may grant a research licence, attach conditions to a research licence, revoke or vary a condition, revoke a research licence or refuse an application.

(3) An application for a research licence shall be made in a form, be accompanied by any material and contain any particulars that the Minister specifies.

(4) The Minister shall not grant a research licence unless he or she is satisfied that the applicant is qualified and competent to carry out diagnosis, education or scientific research using an animal by-product and has available suitable facilities for research and storage of animal by-products.

(5) Without prejudice to the generality of paragraph (2), the Minister may refuse an application or revoke a research licence if—

(a) the applicant or person to whom a research licence is granted has been convicted of, or committed, an offence, whether he or she has been convicted or not, under the Diseases of Animals Act 1966 or Regulations made under the European Communities Act 1972 that relates to an animal or animal product,

(b) the applicant or person to whom a research licence is granted has failed to comply with a condition attached to an approval,

(c) the applicant or person to whom a research licence is granted is not, in the opinion of the Minister, a fit and proper person to hold a licence,

(e) it is, in the opinion of the Minister—

(i) necessary to prevent the risk or spread of animal or human disease,

(ii) necessary to eradicate animal or human disease, or

(6) Without prejudice to the generality of paragraph (2), the Minister shall refuse an application or revoke a research licence if the applicant or person to whom a licence is granted is convicted, on indictment, of an offence under the Diseases of Animal Act 1966 (No. 6 of 1966) or other enactment relating to animals.

(7) Other than in the case of paragraph (6) or (8), if the Minister proposes to revoke a research licence or to refuse an application, he or she shall—

(b) consider a representation duly made before deciding whether to proceed with, modify or annul the proposal, and

(8) If the Minister is of the opinion that it is necessary to prevent the risk of disease or to give effect to an act of an institution of the European Communities he or she may revoke a research licence or refuse an application in accordance with paragraph (9).

(9) If the Minister revokes a research licence or refuses an application in accordance with this paragraph, he or she shall—

(b) consider a representation made, and

(10) A person to whom a research licence is granted shall make such returns to the Minister as and when, and in such form as, the Minister may from time to time direct.

(11) The Minister shall maintain and publish, in a manner that he or she considers appropriate, a list of research licences, divide the list into different classes having regard to the activity to which a research licence relates and include such information, as he or she considers appropriate on the list.

(12) If the Minister revokes a research licence or the licence expires through effluxion of time, an entry on the list maintained under paragraph (11) shall cease to have effect and the Minister shall, as soon as may be after revocation remove details of the research licence from the list.

Use of animal by-products

13. (1) A person shall not—

(a) feed an animal by-product referred to in Article 23(2)(b) of the Animal By-products Regulation to an animal of a class or description referred to in Article 23(2)(c) other than under and in accordance with a licence (“meat feeding licence”), or

(b) sell or supply an animal by-product for feeding to an animal referred to in subparagraph (a) other than under and in accordance with a licence (“meat seller's licence”).

(2) The Minister may grant a meat feeding licence or meat seller's licence, attach conditions to a meat feeding licence or a meat seller's licence (including conditions relating to maintenance of records and storage of animal by-products), revoke or vary a condition, revoke a meat feeding licence or a meat seller's licence or refuse an application.

(3) An application for a meat feeding licence or a meat seller's licence shall be made in a form, be accompanied by any material and contain any particulars that the Minister specifies.

(4) The Minister shall not grant a meat feeding licence or a meat seller's licence unless he or she is satisfied that an animal by-product—

(a) will only be obtained from premises that operate in accordance with Regulation 10,

(b) will, at time of preparation and prior to sale or supply, be stained with a green staining ink or other material approved by him or her, and

(5) The holder of a meat feeding licence shall not obtain an animal by-product referred to in Article 23(2)(b) of the Animal By-products Regulation other than from a person and premises licensed under and in accordance with paragraph (1)(b).

(6) The holder of a meat seller's licence shall not sell or supply an animal by-product referred to in Article 23(2)(b) of the Animal By-products Regulation other than to a person licensed under and in accordance with paragraph (1)(a).

(7) Without prejudice to the generality of paragraph (2), the Minister may refuse an application or revoke a meat feeding licence or a meat seller's licence if—

(a) the applicant or person to whom a meat feeding licence or a meat seller's licence is granted has been convicted of, or committed, an offence, whether he or she has been convicted or not, under the Diseases of Animals Act 1966 or Regulations made under the European Communities Act 1972 that relates to an animal or animal product,

(b) the applicant or person to whom a meat feeding licence or a meat seller's licence is granted has failed to comply with a condition attached to a licence,

(c) the applicant or person to whom a meat feeding licence or a meat seller's licence is granted is not, in the opinion of the Minister, a fit and proper person to hold a licence,

(e) it is, in the opinion of the Minister—

(i) necessary to prevent the risk or spread of animal or human disease,

(ii) necessary to eradicate animal or human disease, or

(8) Without prejudice to the generality of paragraph (2), the Minister shall refuse an application or revoke a meat feeding licence or a meat seller's licence if the applicant or person to whom a licence is granted is convicted, on indictment, of an offence under the Diseases of Animal Act 1966 (No. 6 of 1966) or other enactment relating to animals or animal products.

(9) A person to whom a meat feeding licence or a meat seller's licence is granted shall take all necessary steps to ensure that the feeding, transport, sale or supply of an animal by-product to which the licence relates does not cause nuisance, pollution or pose a threat to the environment.

(10) Other than in the case of paragraph (8) or (11), if the Minister proposes to revoke a meat feeding licence or a meat seller's licence or to refuse an application, he or she shall—

(b) consider a representation duly made before deciding whether to proceed with, modify or annul the proposal, and

(11) If the Minister is of the opinion that it is necessary to prevent the risk of disease or to give effect to an act of an institution of the European Communities, he or she may revoke a meat feeding licence or a meat seller's licence or refuse an application in accordance with paragraph (12).

(12) If the Minister revokes a meat feeding licence or a meat seller's licence or refuses an application in accordance with this paragraph, he or she shall—

(b) consider a representation made, and

(13) A person to whom a meat feeding licence or a meat seller's licence is granted shall make such returns to the Minister as and when, and in such form as, the Minister may from time to time direct.

(14) The Minister shall maintain and publish, in a manner that he or she considers appropriate, a list of meat feeding licences and meat seller's licences, divide the list into different classes having regard to the activity to which a meat feeding licence or a meat seller's licence relates and include such information as he or she considers appropriate on the list.

(15) If the Minister revokes a meat feeding licence or a meat seller's licence or the licence expires through effluxion of time, an entry on the list maintained under paragraph (14) shall cease to have effect and the Minister shall, as soon as may be after revocation, remove details of the revoked licence from the list.

Register of home compounders

14. (1) A person shall not engage in home compounding referred to at—

(a) point II(B)(c)(i),

(b) point II(C)(a)(i), or

of Annex IV to the TSE Regulation unless his or her name is entered in the register (“register of home compounders”).

(2) The Minister may enter a person's name on the register of home compounders, refuse an application or revoke a registration.

(3) An application for registration, shall be made in a form, be accompanied by any material and contain any particulars that the Minister specifies.

(4) The Minister shall not consider an application for registration if the application does not contain all the material and particulars sought by the Minister.

(5) The Minister may attach conditions to registration, revoke or vary a condition or attach a new condition.

(6) Without prejudice to the generality of paragraph (5), a condition to registration may—

(a) control the use of a substance to which registration relates and other conditions as are, in the opinion of the Minister, necessary ancillary or desirable for the condition aforesaid to have full effect, and

(b) bind the person to whom registration is granted and such other person or classes of person as may be specified in the condition.

(7) Without prejudice to the generality of paragraph (2), the Minister may refuse an application or revoke a registration if—

(a) he or she is satisfied that the Animal By-products Regulation, the TSE Regulation or these Regulations have not been or will not be complied with,

(b) the applicant or registered person has been convicted of or committed an offence, whether he or she has been convicted or not, under any enactment relating to animals, animal health or public health.

(d) the applicant or registered person is not, in the opinion of the Minister, a fit and proper person to be registered,

(e) without prejudice to paragraph (4), in relation to the application, information required has not been furnished or information that is, in the opinion of the Minister, false or misleading in a material particular has been furnished, or

(f) it is necessary, in the opinion of the Minister—

(i) to prevent the risk or spread of disease,

(ii) to eradicate disease, or

(iii) is necessary, incidental, supplementary or consequential for the purposes of giving effect to an act of the institutions of the European Communities.

(8) Without prejudice to the generality of paragraph (2), the Minister shall refuse an application or revoke registration if the applicant or registered person has been convicted, on indictment, of an offence relating to an animal, animal health or public health.

(9) Other than in the case of refusal or revocation under paragraph (8) or (10), if the Minister proposes to revoke a registration, or to refuse an application, he or she shall—

(b) consider a representation made before deciding whether to proceed with, modify or annul the proposal, and

(10) If the Minister is of the opinion that it is necessary to prevent the risk of disease or to give effect to an act of an institution of the European Communities, he or she may refuse an application or revoke a registration in accordance with paragraph (11).

(11) If the Minister refuses an application or revokes a registration in accordance with this paragraph, he or she shall—

(b) consider a representation made, and

(12) A person to whom a registration is granted shall make such returns to the Minister as and when, and in a form that, the Minister may specify.

(13) A person to whom registration relates shall not have a ruminant in his or her possession or under his or her control or cause or permit another person to have a ruminant in his or her possession or under his or her control on a premises to which registration relates.

(14) A person shall not move or cause or permit another person to move a complete feedingstuff to which registration relates from the premises where it is manufactured.

Animal by-products transport register

15. (1) A person shall not use a vehicle to transport an animal by-product or processed product unless his or her name and any particulars that the Minister considers appropriate are entered in the register (“animal by-products transport register”)

(2) The Minister may enter a person's name and particulars on the animal by-products transport register (in this Regulation referred to as “the register”), refuse an application or revoke a registration.

(3) An application for registration shall be made in a form and be accompanied by any information that the Minister may specify.

(4) The Minister shall not consider an application for registration if the application does not contain all information sought by the Minister.

(5) The Minister may attach conditions to registration, revoke or vary a condition or attach a new condition.

(6) Without prejudice to the generality of paragraph (5), a condition to registration may—

(a) control the use of a vehicle owned or operated by a person to whom registration relates and other conditions as are, in the opinion of the Minister, necessary ancillary or desirable for the condition aforesaid to have full effect,

(b) specify the type or class of animal by-product or processed product that may be carried on the vehicle, and

(c) bind the person to whom registration is granted and such other person or classes of person as may be specified in the condition.

(7) Without prejudice to the generality of paragraph (2), the Minister may refuse an application or revoke a registration if—

(a) he or she is satisfied that the Animal By-products Regulation, the TSE Regulation or these Regulations have not been or will not be complied with,

(d) the applicant or registered person is not, in the opinion of the Minister, a fit and proper person to be registered,

(f) it is necessary, in the opinion of the Minister—

(i) to prevent the risk or spread of disease,

(ii) to eradicate disease, or

(iii) is necessary, incidental, supplementary or consequential for the purposes of giving effect to an act of the institutions of the European Communities.

(9) Other than in the case of refusal or revocation under paragraph (8) or (10), if the Minister proposes to revoke a registration, or to refuse an application, he or she shall—

(b) consider a representation made before deciding whether to proceed with, modify or annul the proposal, and

(11) If the Minister refuses an application or revokes a registration in accordance with this paragraph, he or she shall—

(b) consider a representation made, and

(12) A person to whom a registration is granted shall make such returns to the Minister as and when, and in a form that, the Minister may direct.

(13) The Minister may establish and maintain the register in a form that is not legible if it is capable of being converted into a legible form.

(14) A person shall not transport an animal by-product or a processed product in a vehicle unless he or she complies with Article 7 and Annex II of the Animal By-products Regulation.

(15) A person who operated a vehicle under Regulation 10 of the European Communities (Specified Risk Material) Regulations 2000 ( S.I. No. 332 of 2000 ) and who before 1 January 2006 applied to be registered under Regulation 9B (inserted by the European Communities (Animal By-products) (Amendment) Regulations 2005) of the Regulations revoked by Regulation 30(1) may, until his or her application is determined, operate in accordance with the Animal By-products Regulation, as if registered under this Regulation.

(16) This Regulation does not apply to a—

(a) farmer (or his or her employee) transporting manure on his or her farm or the carcase of an animal of which he or she is the keeper directly to a premises for lawful disposal,

(b) a person transporting an animal by-product or processed product directly to a premises approved, for the purposes of Article 15 of the Animal By-products Regulation, under Regulation 6(6), or

(c) a person who transports petfood that consists of or contains a processed product that is in a form in which it may be sold or supplied to the consumer.

Appointment of authorised officers

16. (1) The Minister may, by instrument in writing, appoint such and so many persons as he or she thinks fit to be authorised officers for the purposes of some or all of these Regulations as may be specified in the instrument.

(2) The Minister for Communications, Marine and Natural Resources may, by instrument in writing, appoint such and so many of his or her officers as he or she thinks fit to be authorised officers for the purposes of some or all of the functions conferred on that Minister by these Regulations as may be specified in the instrument.

(3) The Chief Executive of the Health Service Executive may, by instrument in writing, appoint such and so many officers of the Executive as he or she thinks fit to be authorised officers for the purposes of some or all of these Regulations as may be specified in the instrument.

(4) The Minister, the Minister for Communications, Marine and Natural Resources or the Chief Executive of the Health Service Executive may terminate the appointment of an authorised officer appointed by him or her, whether or not the appointment was for a fixed period.

(5) An appointment as an authorised officer ceases—

(a) if it is terminated pursuant to paragraph (4),

(b) if it is for a fixed period, on the expiry of that period, or

(c) if the person appointed is an officer of the Minister, the Minister for Communications, Marine and Natural Resources or the Health Service Executive, upon the person ceasing to be such an officer.

(6) Nothing in paragraph (5) is to be construed so as to prevent the Minister, the Minister for Communications, Marine and Natural Resources or the Chief Executive of the Health Service Executive from reappointing as an authorised officer a person to whom that paragraph relates.

Functions of authorised officer

17. (1) If an authorised officer has reasonable cause to suspect that—

(a) an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates is present or may be present on the premises,

(b) an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates is or has been processed, stored or otherwise dealt with on the premises,

(c) the premises has been approved, authorised, registered or licensed for a purpose specified in the Animal By-products Regulation, the TSE Regulation or these Regulations, is required to be so approved, authorised, registered or licensed or is subject to an application for approval, authorisation, registration or a licence or is ancillary to a premises aforesaid,

(d) a document relating to an animal by-product, animal, feedingstuff, fertilizer, processed animal protein or other thing to which the Animal By-products Regulation, the TSE Regulation or these Regulations relate is or may be on the premises, or

(e) an offence is being or has been committed under these Regulations,

he or she may enter a premises and the authorised officer may—

(i) search the premises,

(ii) stop a person, vehicle, vessel or container,

(iii) board and search a vehicle, vessel or container,

(iv) search a person, if the authorised officer considers it necessary,

(v) examine an animal, animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, vehicle, vessel, container or other thing that may consist of or contain an animal by-product,

(vi) take, without payment, samples, including samples of an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, blood, urine, faeces, hair, saliva, tissue or other thing or any article, substance or liquid as he or she may reasonably require and carry out or cause to be carried out on the samples such tests, analyses, examinations or inspections as he or she considers necessary or expedient,

(vii) seize and detain (for so long as is necessary) an animal, animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, vehicle or container,

(viii) require the production of a document or thing relating to an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, vehicle, vessel or container,

(ix) retain any such document or thing (for so long as is necessary),

(x) dispose of, or require the owner or person in charge of or in possession of, an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, to dispose of it (or any equipment, machinery, plant or other thing used in connection with, or that may have been in contact with, an animal by-product) in such manner as the authorised officer sees fit,

(xi) give such directions to, or request such information of, such person regarding the animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, vessel, premises, vehicle, aircraft or container as he or she considers necessary,

(xii) require the name and address of a person and the name and address of any other relevant person including the person to whom the animal by-product, feedingstuff, fertilizer, or other thing to which the Animal By-products Regulation or the TSE Regulation relates, vessel, vehicle, premises, aircraft or container as he or she considers necessary,

(xiii) require of the person the ownership, identity and origin of the animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, or

(xiv) mark or otherwise identify such animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates or a specimen taken under subparagraph (vi).

(2) An authorised officer shall not enter, other than with the consent of the occupier, a private dwelling, unless he or she has obtained a search warrant under Regulation 18 other than if he or she has reasonable cause to suspect that, before a search warrant could be sought in relation to the dwelling, anything to which paragraph (1) relates is being or is likely to be destroyed or disposed.

(3) An authorised officer may use reasonable force, if necessary, in the exercise of his or her powers under this Regulation.

(4) An authorised officer when exercising any powers under this Regulation may be accompanied by other persons (including an employee of or person acting on behalf of the European Commission) and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of those powers.

(5) An authorised officer is not liable in any proceedings for anything done in the purported exercise of his or her powers under this Regulation if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

(6) Nothing in these Regulations operates to prejudice any power to search, or to seize or detain property, which may, apart from these Regulations, be exercised by a member of the Garda Síochána or an officer of Customs and Excise.

(7) If a member of the Garda Síochána has reasonable cause to suspect that a person has committed an offence under these Regulations, the member may without warrant arrest the person.

Search warrant

18. (1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for suspecting—

(a) that there is on a premises, vehicle, vessel or aircraft an animal, animal by-product or product derived from an animal by-product,

(b) that there is on a premises, vehicle, vessel or aircraft a document, record or other thing relating to an animal, animal by-product or product derived from an animal by-product, or

(c) that there is evidence of a contravention of the Animal By-products Regulation or these Regulations therein or thereon,

the judge may issue a search warrant.

(2) A search warrant under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers as the named authorised officer thinks necessary, at any time or times, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter (if necessary by use of reasonable force) the premises, vehicle, vessel or aircraft named in the warrant.

(3) If a premises is entered pursuant to a warrant issued under this Regulation, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under these Regulations.

Compliance Notice

19. (1) Without prejudice to the generality of Regulation 17(1), if an authorised officer is of the opinion that—

(a) the Animal By-products Regulation, the TSE Regulation or these Regulations are not being or have not been complied with or there are reasons to believe that they will not be complied with, or

(b) there is a danger to public or animal health,

he or she may, by a notice in writing (“compliance notice”) stating that opinion and served on the person who appears to be the owner, operator or person in charge of the premises, animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates or other thing to which the notice relates—

(i) seize and detain an animal, meat, animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, vehicle, container or other thing, or

(ii) require him or her to take such action as the authorised officer considers necessary.

(2) A compliance notice may—

(a) require that an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates be disposed of or destroyed in a manner specified in the notice,

(b) prohibit or regulate any operation or processing on the premises to which the notice relates

(c) prohibit the transport or the further transport of an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, either absolutely or unless such conditions as may be specified in the notice are complied with,

(d) require a person to return an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates to the place of departure by a route which in the opinion of the authorised officer is the most direct or prudent,

(e) require that such alterations be made to a premises or means of transport as may be specified in the notice,

(f) require a person to secure in a manner specified by the authorised officer (if any) an animal, animal by-product, premises, feedingstuff or other thing, or

(g) require a person to cleanse and disinfect a vehicle, premises, container or part thereof.

(3) A person shall comply with a compliance notice or a requirement of a compliance notice unless and until the notice is annulled under paragraph (8).

(4) A requirement contained in a compliance notice may specify a time limit within which it is to be complied with.

(5) A requirement specified in a compliance notice may be modified or withdrawn in a further notice and the earlier notice has effect subject to the modification or withdrawal.

(6) A compliance notice may require the person in control of an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing to choose between two or more of the requirements specified in the notice.

(7) (a) A person affected by a compliance notice may, within 7 days of the service of the notice, apply to the Judge of the District Court having jurisdiction in the District Court District where an animal is situated or to the Judge of the District Court having jurisdiction in the District Court District where the person bringing the appeal ordinarily resides or carries on business on the grounds that the notice or any of the terms thereof are not justified having regard to the Animal By-products Regulation, the TSE Regulation or these Regulations (in this Regulation referred to as “an appeal”).

(b) An appeal may be heard at any sitting of the District Court within the appropriate District Court District.

(c) Notice of an appeal shall contain a statement of the grounds upon which it is alleged that the notice or any of the terms thereof are not justified and shall be served on the Minister at least 48 hours prior to the hearing of the appeal.

(d) A copy of the notice of appeal shall be lodged with the District Court Clerk at least 48 hours prior to the hearing of the appeal.

(8) On the hearing of an appeal a Judge of the District Court may confirm, modify, or annul a notice.

(9) A person, including a person on whom a compliance notice has been served, shall not—

(a) pending the determination of an appeal, deal with an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing to which the notice relates, other than in accordance with the terms of the notice, or

(b) after the appeal, deal with an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing concerned other than in accordance with the compliance notice or compliance notice as modified.

(10) (a) Without prejudice to Regulation 16(1), if—

(i) the person in control of an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing fails to comply with the terms of a compliance notice within the time specified therein,

(ii) an authorised officer has reasonable grounds for believing that the terms of a compliance notice will not be complied with,

(iii) a compliance notice has been confirmed with or without modification under paragraph (8) and the notice has not been complied with,

(iv) an authorised officer has reasonable grounds for believing that the terms of a compliance notice which has been confirmed with or without modification under paragraph (8) will not be complied with, or

(v) pending the determination of an appeal, an authorised officer has reasonable grounds for believing that directions given pursuant to paragraph (9) have not been or shall not be complied with,

an authorised officer may at any time seize the animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing concerned.

(b) If an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing is seized in accordance with subparagraph (a), an authorised officer may—

(i) sell, destroy or dispose of the animal, animal by-product, feedingstuff, fertilizer or other thing or cause it to be sold, destroyed or be disposed of, or

(ii) take such other measures in relation to the animal, animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates, premises, means of transport or other thing as the authorised officer considers appropriate in the circumstances of the case.

(c) Any profits arising out of the sale, destruction or disposal of an animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates or other thing in accordance with subparagraph (b) shall be paid to the owner of the animal by-product, feedingstuff, fertilizer or other thing or other thing less any expenses incurred in connection with the seizure, sale, destruction or disposal.

(11) The costs (including ancillary costs) of a measure taken under this Regulation is recoverable by the Minister—

(a) as a simple contract debt in a court of competent jurisdiction from the person who was the owner of the animal, animal by-product, feedingstuff, fertilizer or other thing or means of transport at the time the measure was carried out, or

(b) by deducting the costs from any sum due by the Minister to a person on whom a notice has been served.

Forgery

20. (1) A person shall not forge or utter knowing it to be forged a certificate, commercial document, an approval, authorisation, registration document or licence issued pursuant to the Animal By-products Regulation, the TSE Regulation, another act of the institutions of the European Community cited in these Regulations or these Regulations or a record purporting to be kept and maintained under the Animal By-products Regulation, the TSE Regulation, another act of the institutions of the European Community cited in these Regulations or these Regulations or a document purporting to be an extract therefrom (hereafter in this Regulation referred to as “a forged document”).

(2) A person shall not alter with intent to defraud or deceive, or utter knowing it to be so altered a certificate, commercial document, an approval, authorisation, registration document or licence granted under the Animal By-products Regulation, the TSE Regulation, another act of the institutions of the European Community cited in these Regulations or these Regulations or a record kept and maintained under the Animal By-products Regulation, the TSE Regulation, another act of the institutions of the European Community cited in these Regulations or these Regulations or an extract therefrom (hereafter in this Regulation referred to as “an altered document”).

(3) A person shall not have, without lawful authority, in his or her possession or under his or her control a forged document or an altered document.

Service

21. (1) A notification under Regulation 10 (23) or (25), Regulation 11 (10) or (12), Regulation 12 (7) or (9), Regulation 13 (10) or (12), Regulation 14(9) or (11) or Regulation 15(9) or (11), (hereinafter in this Regulation referred to as a “notification”) or a compliance notice shall, subject to paragraph (2), be addressed to the person concerned by name, and may be served on or given to the person—

(a) by delivering it to the person,

(b) by leaving it at the address at which the person ordinarily resides or, if an address for service has been furnished, at that address,

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, if an address for service has been furnished, at that address, or

(d) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the welfare notice relates to a premises, by delivering it to some person over 16 years of age resident or employed on the premises or by affixing it in a conspicuous position on or near the premises.

(2) If a notification or compliance notice is to be served on or given to a person who is the owner or occupier of a premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words the owner or, as the case may require, the occupier.

(3) A person shall not at any time within 6 months after a notification or compliance notice is affixed under paragraph (1)(d) remove, damage or deface the notice without lawful authority.

(4) For the purposes of this Regulation, a company within the meaning of the Companies Acts, is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.

Fees

22. (1) The Minister, the Minister for Communications, Marine and Natural Resources or the Health Service Executive may charge a fee in respect of an application for an approval, authorisation, licence or registration, or for the performance of a function under these Regulations, such fee, not exceeding the cost, estimated by the Minister charging the fee or the Chief Executive of the Health Service Executive, of providing the service to which the fee relates.

(2) If the Minister, the Minister for Communications, Marine and Natural Resources or the Health Service Executive charges a fee in relation to an application for an approval, authorisation, licence or registration, under these Regulations, he or she shall not consider the application unless the fee accompanies the application.

(3) A fee payable pursuant to this Regulation may be recovered by the Minister, the Minister for Communications, Marine and Natural Resources or the Health Service Executive from the person by whom it is payable as a simple contract debt in a court of competent jurisdiction.

(4) A fee payable to a Minister of the Government pursuant to this Regulation shall be disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(5) The Public Offices Fees Act 1879 does not apply to a fee charged pursuant to this Regulation.

Offences

23. (1) A person who—

(a) contravenes Article 3(1), 4(2), (3), (4), 5(2), (3), (4), 6(2), (3), 7(1), (2), (5), 8(1), (2), (3), 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 22 (1), 25 or 29 of the Animal By-products Regulation,

(b) contravenes Article 7 (1), (2), 8(1), (3), 9, 15, 16 (2), (3), (5), (6) of, or Annex III, IV, Chapter C of Annex X or Annex XI to, the TSE Regulation,

(d) contravenes Article 4 or 5 of Commission Regulation (EC) No. 878/2004 of 29 April 2004,

(e) contravenes Article 2 of Commission Decision No. 2004/217/EC of 1 March 2004,

(f) contravenes Article 2 or 3 of Commission Regulation (EC) No. 79/2005 of 19 January 2005,

(g) contravenes Article 4 (as amended by Article 1(4) of Commission Regulation (EC) No. 2067/2005 of 16 December 2005) of Commission Regulation (EC) No. 92/2005 of 19 January 2005,

(h) contravenes Article 1 of Commission Decision No. 2005/598/EC of 2 August 2005,

(i) contravenes Articles 3, 4, 5 (subject to paragraph (8)), 6, 7 or 8 of Commission Regulation (EC) No. 181/2006 of 1 February 2006,

(j) places on the market or exports a processed animal protein or another processed product that could be used as feed material other than in accordance with Article 19 of the Animal By-products Regulation,

(k) obstructs or impedes an authorised officer in the exercise of any of his or her functions under Regulation 17,

(l) fails, without reasonable excuse, to comply with a requirement or direction made by an authorised officer under Regulation 17,

(m) in making an application for an approval or authorisation under Regulation 10, registration under Regulation 15, a burial licence or a research licence or in purporting to give information required by an authorised officer for the performance of the officer's powers under Regulation 17 of these Regulations-

(i) makes a statement which he or she knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or

(ii) fails to disclose any material particular,

(n) contravenes Regulation 3, 4, 5, 6 7, 8(1) 9, 10 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (17), 11(1), (9), (13), 12 (1), (10), 13 (1), (9), (13), 14(1), (12), (13), (14), 15 (1), (13), (15), 19(3), (9), 20, 21(3) or 26 of these Regulations,

(o) tampers with a seal applied pursuant to the Animal By-products Regulation or an approval, authorisation, registration or licence granted under these Regulations,

(p) contravenes a condition of a registration, approval, authorisation or licence granted under these Regulations,

(q) tampers with or interferes with an animal by-product or with a sample taken under these Regulations, or

(r) aids or abets a contravention of the Animal By-products Regulation, the TSE Regulation, another act of the institutions of the European Community cited in these Regulations or these Regulations,

is guilty of an offence and is liable, on conviction, to a fine not exceeding €5,000 or to a term of imprisonment not exceeding 6 months or to both.

(2) In a prosecution for an offence under paragraph (1), if a contravention of Article 15 of the Animal By-products Regulation is alleged, it is a defence for the defendant to prove that, as regards category 3 material and manure used in a composting plant, he or she operated in compliance with Commission Regulation (EC) No. 809/2003 of 12 May 2003.

(3) In a prosecution for an offence under paragraph (1), if a contravention of Article 15 of the Animal By-products Regulation is alleged, it is a defence for the defendant to prove that, as regards category 3 material and manure used in a biogas plant, he or she operated in compliance with Commission Regulation (EC) No. 810/2003 of 12 May 2003.

(4) In a prosecution for an offence under paragraph (1), if a contravention of Article 7 of the Animal By-products Regulation is alleged in relation to the collection, storage, transport or disposal of former foodstuffs that comprise category 3 material, it is a defence for the defendant to prove that the collection, transport, storage or disposal of the category 3 material to which the alleged offence relates is in accordance with Commission Regulation (EC) No. 813/2003 of 12 May 2003

(5) Paragraphs (2) and (3) cease to have effect on 1 January 2007.

(6) Paragraph (4) ceases to have effect on 1 August 2007.

(7) In proceedings for an offence in relation to a contravention of Article 7(1) or (2) of the TSE Regulation, it is a defence for the defendant to show that point II(A) of Annex IV to the TSE Regulation applies and that the said point II(A) was, at the time of the alleged offence, complied with.

(8) In relation to a porcine animal, the period referred to in Part IV of the Annex to Commission Regulation No. 181/2006 of 1 February 2006 is, in lieu of the period stated in that Part, 60 days.

(9) In relation to—

(a) category 2 material, or

(b) category 3 material other than catering waste,

the period referred to in Part IV of the Annex to Commission Regulation No. 181/2006 of 1 February 2006 is, in lieu of the period stated in that Part, 3 years.

(10) If, in proceedings for an offence in relation to a contravention of these Regulations, the Animal By-products Regulation or the TSE Regulation, it is alleged that animal protein is present in a substance and if it is proved that one or more bone spicules is or are present in the substance, it is for the defendant to prove that a prohibited animal protein was not present in the substance.

(11) In proceedings for an offence under the TSE Regulation and Regulation 3(1)(b), it is not necessary for the prosecution to prove that the State belongs to a particular category and it is not a defence to show that the State belongs to or does not belong to a particular category.

(12) In proceedings under these Regulations, it is for the defendant to prove that a farm animal or ruminant animal did not have access to the land to which the proceedings relate.

Prosecutions

24. (1) An offence under these Regulations may be prosecuted by—

(a) the Minister,

(b) the Minister for Communications, Marine and Natural Resources, or

(2) If an offence under these Regulations is committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence is committed, is a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if guilty of the first-mentioned offence.

(3) If the affairs of a body corporate or unincorporated body are managed by its members, paragraph (2) applies in relation to the acts and defaults of a member in connection with functions of management as if the member is a director or manager of the body corporate.

Evidence on certificate

25. (1) In proceedings for an offence consisting of a contravention of the Animal By-products Regulation, the TSE Regulation or these Regulations, a certificate purporting to be signed by a person employed at a laboratory named in the certificate stating the capacity in which that person is so employed and stating any one or more of the following, namely—

(a) that the laboratory is an approved laboratory or the national reference laboratory,

(b) that the person received a sample submitted to the laboratory,

(c) that, for such period as is specified in the certificate, the person had in his or her custody a sample so submitted,

(d) that the person gave to such other person as is specified in the certificate a sample so submitted, or

(e) that the person carried out any laboratory examination for the purpose of detecting the presence, in a sample so submitted, of a transmissible spongiform encephalopathy, or that the sample was positive for a transmissible spongiform encephalopathy,

is, unless the contrary is proved, evidence of the matters stated in the certificate.

(2) A certificate purporting to be signed by an officer of the Minister and to certify that on a specific day or days or during the whole of a specified period-

(a) a particular person or vehicle did not stand registered in the register of home compounders or the animal by-products transport register,

(b) the registration of a particular person or vehicle in the register of home compounders or the animal by-products transport register had been revoked,

(c) a person was or was not the holder of an approval or authorisation granted for the purposes of either the Animal By-products Regulation or the TSE Regulation under Regulation 10,

(d) a person was or was not the holder of a burial licence, a research licence, a meat feeding licence or a meat seller's licence, or

(e) that a particular approval, authorisation, registration or licence, referred to in this paragraph, was subject to a particular condition or conditions,

is, without proof of the signature of the person purporting to sign the certificate or that he or she is an officer of the Minister, evidence, unless the contrary is shown, of the matters stated in the certificate.

(3) In proceedings for an offence under these Regulations the court may, if it considers that the interests of justice so require, direct that oral evidence of the matters stated in a certificate under paragraph (1) or (2) be given, and the court may for the purpose of receiving oral evidence adjourn the matter.

(4) In proceedings for an offence, evidence of an act of the institutions of the European Community may be given by production of a copy of the act certified by an officer of the Minister to be a copy of the act, and it is not necessary to prove the signature of the officer or that he or she is an officer of the Minister.

(5) Paragraph (4) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 ( S.I. No. 341 of 1972 ).

Production of documents

26. A person shall not, on a request being made in that behalf by an authorised officer, fail to produce-

(a) a health certificate referred to in Article 7(2) or 8(3)(a) of the Animal By-products Regulation or Article 15(1), 16(3), (5), 17 or 18 of the TSE Regulation,

(b) a commercial document referred to in Article 7(2) or 8(3)(a) of the Animal By-products Regulation or Article 16(5) or 17 of the TSE Regulation,

(d) a record referred to in Article 9, 14(2)(c) or 25(1)(d) of the Animal By-products Regulation,

(e) an approval or authorisation granted under Regulation 10 or a record maintained pursuant to the approval or authorisation,

(f) a licence granted under Regulation 11, 12 or 13 or a record maintained pursuant to the licence, or

(g) a certificate of registration under Regulation 14 or 15 or a record maintained pursuant to the registration.

Fixed payment notice

27. (1) If an officer of the Minister, Minister for Communications, Marine and Natural Resources or the Health Service Executive authorised by the Minister or authority in that behalf has reasonable grounds for suspecting that a person is committing or has committed an offence under these Regulations, he or she may serve a notice in writing on that person stating that—

(a) the person is alleged to have committed the offence,

(b) the person may during the period of 28 days from the date of the notice make to the Minister, Minister for Communications, Marine and Natural Resources or the Health Service Executive a payment of €250 accompanied by the notice, and

(c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(2) If notice is given under paragraph (1)—

(a) a person to whom the notice applies may, during the period specified in the notice, make to the Minister, Minister for Communications, Marine and Natural Resources or the Health Service Executive at the address specified in the notice the payment specified in the notice accompanied by the notice,

(b) the Minister, Minister for Communications, Marine and Natural Resources or the Health Service Executive may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence under these Regulations, the onus of proving that a payment pursuant to a notice under this Regulation has been made lies on the defendant.

Savers

28. (1) These Regulations are in addition to and not in substitution for—

(a) the Diseases of Animals Act 1966 (No. 6 of 1966) and Regulations under the European Communities Act 1972 (No. 27 of 1972) that relate to an animal, product or other thing that is also subject to these Regulations, and

(b) any enactment or statutory instrument made under an enactment that regulates the import and placing on the market of a product not referred to in Annex VII or VIII of the Animal By-products Regulation.

(2) A person who, immediately before the making of these Regulations, is lawfully operating a plant (for which approval is required for the purposes of the Animal By-products Regulation under Regulation 10) in accordance with the Regulations revoked by Regulation 30(1) and who makes application for an approval in respect of the plant within 2 months of the making of these Regulations, may continue to operate, in accordance with these Regulations until the application is determined.

(3) An application for approval or authorisation under Regulation 6 of the Regulations revoked by Regulation 30(1) may be considered and determined as if it is an application under the equivalent provisions of Regulation 10.

(4) A burial licence granted under Regulation 7, a research licence granted under Regulation 8, a meat feeding licence or meat seller's licence granted under Regulation 9 of the Regulations revoked by Regulation 30(1) that is in force immediately before the commencement of these Regulations is considered to be—

(a) a burial licence granted under Regulation 11,

(b) a research licence granted under Regulation 12,

(d) a meat seller's licence under Regulation 13,

and may be dealt with as if granted under the corresponding provision of these Regulations.

(5) An application for a burial licence granted under Regulation 7, a research licence granted under Regulation 8, a meat feeding licence or meat seller's licence granted under Regulation 9 of the Regulations revoked by Regulation 30(1) may be considered and determined as if it is an application for a licence specified in paragraph (4) (a), (b), (c) or (d).

(6) An entry in—

(a) the register of home compounders maintained under Regulation 9A (inserted by the European Communities (Animal By-products) (Amendment) Regulations 2005), or

(b) the animal by-products transport register maintained under Regulation 9B (inserted by the European Communities (Animal By-products) (Amendment) Regulations 2005),

of the Regulations revoked by Regulation 30(1) that is in force immediately before the commencement of these Regulations is considered to be an entry in—

(i) the register of home compounders maintained under Regulation 14, or

(ii) the animal by-products transport register maintained under Regulation 15,

and may be dealt with as if made under that provision.

(7) An application for registration in—

(a) the register of home compounders maintained under Regulation 9A (inserted by the European Communities (Animal By-products) (Amendment) Regulations 2005), or

(b) the animal by-products transport register maintained under Regulation 9B (inserted by the European Communities (Animal By-products) (Amendment) Regulations 2005),

of the Regulations revoked by Regulation 30(1) is considered to be an application for registration in—

(iii) the register of home compounders maintained under Regulation 14, or

(iv) the animal by-products transport register maintained under Regulation 15,

and may be considered and determined as if it is an application under the provision referred to in sub-paragraph (i) or (ii).

Construction and transfer of certain functions

29. (1) Subject to paragraph (2), “Minister” means—

(a) in Regulation 10, in relation to an application, an approval or list of approvals relating to a fish by-product,

(b) in Regulation 11, in relation to an application or burial licence relating to a fish by-product,

(d) In Regulation 13, in relation to an application or licence relating to a fish by-product or maggots for use as bait, and

(e) in Regulation 25, in relation to a certificate issued for the purposes of a prosecution instituted by the Minister for Communications, Marine and Natural Resources,

the Minister for Communications, Marine and Natural Resources.

(2) Subject to paragraph (4), the functions of the Minister for Communications, Marine and Natural Resources under these Regulations are transferred to the Sea-Fisheries Protection Authority on 1 January 2007 and a reference to that Minister is construed and has effect as if it is a reference to the Authority.

(3) On and from 1 January 2007—

(a) monies payable under these Regulations to the Minister for Communications, Marine and Natural Resources shall be paid to the authority instead of to the Minister, and

(b) a reference to the Minister for Communications, Marine and Natural Resources or an officer of that Minister is construed and has effect as if the reference is a reference to the Authority or an officer of the Authority.

(4) The Minister may, after 1 January 2007, deduct from any sum due by him or her to a person on whom a compliance notice was served before that day the costs, incurred by the Minister of seizure, sale or disposal under Regulation 17 or 20 whether incurred before or after that day.

Revocations

30. (1) The following are revoked—

(a) the European Communities (Animal By-products) Regulations 2003 ( S.I. No. 248 of 2003 ),

(b) the European Communities (Animal By-products) (Amendment) Regulations 2005 ( S.I. No. 707 of 2005 ), and

(2) The European Communities (Trade in Animals and Animal Products) Regulations 1994 ( S.I. No. 289 of 1994 ) have effect as if Regulation 18 of the European Communities (Trade in the Production, Processing, Distribution and Introduction of Products of Animal Origin for Human Consumption) Regulations 2004 ( S.I. No. 820 of 2004 ) were in addition to and not in substitution for the Regulations first cited in this paragraph.

(3) A reference in any enactment or statutory instrument to a statutory instrument revoked by paragraph (1) is construed and has effect as if the reference is a reference to these Regulations or the corresponding provision of these Regulations.

(4) The Diseases of Animals (Feeding and Use of Swill) Orders 1985 and 1987 do not apply to the use of swill (and activities ancillary thereto) in connection with plant approved under Regulation 6(6) of the European Communities (Animal By-products) Regulations 2003 ( S.I. No. 248 of 2003 ).

Schedule

Regulation 5(4)

The following are on-farm measures for the purposes of point II.C (d) — second paragraph of Annex IV to the TSE Regulation.

A person may possess, store and feed a feedingstuff consisting of or containing dicalcium phosphate on a farm where a ruminant is present if—

1. he or she takes all necessary steps to ensure that the feedingstuff does not enter the feed chain of a ruminant,

2. he or she takes all necessary steps to ensure that the feedingstuff is not fed to a ruminant,

3. he or she ensures that the feedingstuff is stored in a closed container in an area where a ruminant does not have access,

5. he or she ensures that the feedingstuff is not fed to an animal in an area where a ruminant may be fed or may enter,

6. he or she ensures that all equipment used for the handling, storage, transportation or cleaning of the feedingstuff is not used in connection with the feeding of a ruminant, and

7. he or she maintains accurate records, for a period of five years, of all quantities of the feedingstuff consisting of or containing purchased and used and make these records available for inspection by an authorised officer.

/images/seal.jpg

GIVEN under my Official Seal,

7 December 2006

MARY COUGHLAN

Minister for Agriculture and Food

EXPLANATORY NOTE.

(This note is not part of the instrument and does not purport to be a legal interpretation)

The Regulations provide ancillary and supplementary measures necessary for a series of EC Regulations relating to transmissible spongiform encephalopathies and animal by-products to have full effect.

¹ O.J. No. L 147 of 31.5.2001, p.1.

² O.J. No. L 173 of 27.6.2001, p.12.

³ O.J. No. L 177 of 30.6.2001, p.60.

⁴ O.J. No. L 45 of 15.2.2002, p.4.

⁵ O.J. No. L 225 of 22.8.2002, p.3.

⁶ O.J. No. L 37 of 13.2.2003, p.7.

⁷ O.J. No. 95 of 11.4.2003, p.15.

⁸ O.J. No. L 332 of 28.12.2000, p.91.

⁹ O.J. No. L 160 of 28.6.2003, p.1.

¹⁰ O.J. No. L 160 of 28.6.2003, p.22.

¹¹ O.J. No. L 173 of 11.7.2003, p.6.

¹² O.J. No. L 265 of 16.10.2003, p.10.

¹³ O.J. No. L283 of 31.10.2003, p.29.

¹⁴ O.J. No. L 333 of 20.12.2003, p.28.

¹⁵ O.J. No. L 162 of 30.4.2004, p.52.

¹⁶ O.J. No. 271 of 19.8.2004, p.24.

¹⁷ O.J. No. L 274 of 24.8.2004, p.3.

¹⁸ O.J. No. L 344 of 20.11.2004, p.12.

¹⁹ O.J. No. L 10 of 13.1.2005, p.9.

²⁰ O.J. No. L 37 of 10.2.2005, p.9.

²¹ O.J. No. L 46 of 17.2.2005, p.31.

²² O.J. No. L 163 of 23.6.2005, p.1.

²³ O.J. No. L 205 of 6.8.2005, p.3.

²⁴ O.J. No. L 317 of 3.12.2005, p.4.

²⁵ O.J. No. L 44 of 15.2.2006, p.9.

²⁶ O.J. No. L 55 of 25.2.2006, p.5.

²⁷ O.J. No. L 116 of 29.4.2006, p.9.

²⁸ O.J. No. L 273 of 10.10.2002, p.1.

²⁹ O.J. No. L 117 of 13.5.2003, p.1.

³⁰ O.J. No. L 117 of 13.5.2003, p.14.

³¹ O.J. No. L 112 of 19.4.2004, p.1.

³² O.J. No. L 162 of 29.4.2004, p.62.

³³ O.J. No. L 16 of 20.1.2005, p.46.

³⁴ O.J. No. L 19 of 21.1.2005, p.27.

³⁵ O.J. No. L 19 of 21.1.2005, p.34.

³⁶ O.J. No. L 66 of 12.3.2005, p.10

³⁷ O.J. No. L 29 of 2.2.2006, p.31.

³⁸ O.J. No. L 331 of 17.12.2005, p.12.

³⁹ O.J. No. L 32 of 4.2.2006, p.13.

⁴⁰ O.J. No. L 36 of 8.2.2006, p.25.

⁴¹ O.J. No. L 36 of 8.2.2006, p.32.

⁸ O.J. No. L 332 of 28.12.2000, p.91.