text:
Title, extent and commencement
1
1
These Regulations may be cited as the Processed Animal Protein (England) Regulations 2001 and shall extend to England.
2
These Regulations shall come into force on 1st August 2001.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“animal by-product” has the same meaning as in the Animal By-Products Order 1999 ;
“ ABPO approved”, in relation to premises, means approved under article 7 of the Animal By-Products Order 1999, in accordance with article 5(2) of Council Directive 90/667/ EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin and amending Directive 90/425/EEC , for the purpose of rendering low risk animal by products; and “ABPO approval” shall be construed accordingly;
“animal waste” has the same meaning as in Council Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin and amending Directive 90/425/EEC ;
“the BSE (No.2) Order ” means the Bovine Spongiform Encephalopathy ( No. 2) Order 1996
“catering waste” has the same meaning as in the Animal By-Products Order 1999;
“the Commission Decision ” means Commission Decision 2001/9/ EC concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;
“the Council Decision ” means Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;
“farmed animal” means an animal which is kept, fattened or bred for the production of food;
“inspector” means —
a person appointed as such for the purposes of these Regulations by the Minister , including a veterinary inspector; and
a person appointed as such for the purposes of these Regulations by a local authority in relation to its enforcement responsibilities under these Regulations;
“local authority” means —
as respects each local government area in respect of which there is a unitary authority established by an order under section 17 of the Local Government Act 1992 , that authority;
as respects each London borough, district or non-metropolitan county, the council of that borough, district or county;
where there is a Port Health Authority, that authority in addition to the authority specified in paragraphs (a) or (b) above;
as respects the City of London, the Common Council; and
as respects the Isles of Scilly, the Council of the Isles of Scilly;
“mammalian meat and bone meal” has the same meaning as in the BSE (No.2) Order;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“premises” includes any place, stall or moveable structure;
“processed animal protein” means meat and bone meal, meat meal, bone meal, blood meal, dried plasma and other blood products, hydrolysed protein, hoof meal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal, dicalcium phosphate, gelatin and any other similar products including mixtures, feedingstuffs, feed additives and premixtures, containing these products; and
“veterinary inspector” means a person appointed by the Minister as a veterinary inspector.
2
Expressions in these Regulations which are not defined in paragraph (1) above and which appear in the Council Decision or the Commission Decision have the same meaning in these Regulations as they have for the purposes of those Decisions.
3
For the purposes of these Regulations and their application, material shall be treated as a feedingstuff whether it is used or intended to be used as a feedingstuff by itself or as an ingredient in something which is so used or intended for such use.
4
Any person appointed by the Minister or a local authority to be an inspector for the purposes of the Animal Health Act 1981 shall be deemed to have been appointed by the Minister or that authority to be an inspector for the purposes of these Regulations.
5
Any reference in these Regulations to a Schedule or regulation is, unless the context otherwise requires, a reference to a Schedule to these Regulations or a regulation of these Regulations.
Application
3
1
These Regulations apply in relation to processed animal protein intended for the feeding of animals (excluding humans).
2
These Regulations do not apply in relation to —
a
catering waste; or
b
eggs and egg products.
Feeding of processed animal protein to farmed animals
4
1
Subject to paragraph (2) below, no person shall feed any processed animal protein to a farmed animal.
2
The prohibition in paragraph (1) above shall not apply to —
a
the feeding to farmed animals other than ruminants of fishmeal —
i
produced in England in premises approved under regulation 5 below, which are used in accordance with the conditions of the approval, and transported and intermediately stored in accordance with the conditions specified in paragraphs 1, 2 and 3 of Schedule 1;
ii
produced in another part of the United Kingdom in premises approved by the competent authority of that part in accordance with Annex I to the Commission Decision, which are used in accordance with the conditions of the approval, and transported and intermediately stored in accordance with the conditions specified in that Annex;
iii
produced in another member State in premises approved by the competent authority of that member State in accordance with Annex I to the Commission Decision, which are used in accordance with the conditions of the approval, and transported and intermediately stored in accordance with the conditions specified in that Annex; or
iv
produced in a third country which —
before being sold or supplied in England, has been analysed in accordance with Commission Directive 98/88/EC ;
is transported directly from the border inspection post in accordance with the conditions specified in paragraphs 4 and 5 of Schedule 1; and
is not intermediately stored otherwise than in accordance with the conditions of paragraph 3 of that Schedule;
b
the feeding to farmed animals of gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC concerning additives in feedinstufffs;
c
the feeding to farmed animals of dicalcium phosphate —
i
produced in England in premises approved and used as mentioned in regulation 6 below;
ii
produced in another part of the United Kingdom in premises approved by the competent authority of that part in accordance with the Commission Decision and used in accordance with that approval; or
iii
produced in another member State in premises approved by the competent authority of that member State in accordance with the Commission Decision and used in accordance with that approval;
d
the feeding to farmed animals of hydrolysed protein —
i
produced in England in premises approved and used as mentioned in regulation 7 below;
ii
produced in another part of the United Kingdom in premises approved by the competent authority of that part in accordance with the Commission Decision and used in accordance with that approval; or
iii
produced in another member State in premises approved by the competent authority of that member State in accordance with the Commission Decision and used in accordance with that approval; or
e
the feeding to farmed animals of milk and milk products.
Production of fishmeal for feeding to farmed animals other than ruminants
5
1
No person shall use any premises for the production of fishmeal for feeding to farmed animals other than ruminants unless —
a
the premises are approved for this purpose by the Minister under this regulation; and
b
transport and intermediate storage of fishmeal from the premises is in accordance with the conditions specified in paragraphs 1, 2 and 3 of Schedule 1.
2
On an application made to him under this regulation for the approval of premises for the production of fishmeal for feeding to farmed animals other than ruminants, the Minister shall approve the premises for this purpose if, following an inspection of the premises by a veterinary inspector, he is satisfied that —
a
the premises will be dedicated only to fishmeal production;
b
the premises are ABPO approved; and
c
the person who will use the premises for the production of fishmeal for feeding to farmed animals other than ruminants will be able to maintain and use the premises in accordance with the ABPO approval and ensure that fishmeal is transported from the premises and intermediately stored in accordance with the conditions specified in paragraphs 1, 2 and 3 of Schedule 1.
3
The person carrying on any business at premises approved under this regulation shall ensure that —
a
the production of fishmeal at the premises is in accordance with the approval and in compliance with the provisions of this regulation subject to which the approval is granted;
b
any person employed by him, and any person invited to the premises, complies with those provisions; and
c
any inspector, and any person acting under the authority of an inspector, is provided with adequate facilities so as to enable him to carry out his functions under these Regulations in relation to the premises and that he is given such reasonable assistance and access to such records (including any records held in electronic form) as he may at any reasonable time require for that purpose.
Production of dicalcium phosphate for feeding to farmed animals
6
1
No person shall use any premises for the production of dicalcium phosphate for feeding to farmed animals unless —
a
the premises are approved for this purpose by the Minister under this regulation; and
b
the premises are used for this purpose in accordance with the conditions specified in Schedule 2.
2
On an application made to him under this regulation for the approval of premises for the production of dicalcium phosphate for feeding to farmed animals, the Minister shall approve the premises for this purpose if, following an inspection of the premises by a veterinary inspector, he is satisfied that —
a
the premises are ABPO approved; and
b
the person who will use the premises for the production of dicalcium phosphate for feeding to farmed animals will be able to maintain and use the premises in accordance with the ABPO approval and the conditions specified in Schedule 2.
3
The person carrying on any business at premises approved under this regulation shall ensure that —
a
the production of dicalcium phosphate at the premises is in accordance with the approval and in compliance with the provisions of this regulation and Schedule 2 subject to which the approval is granted;
b
any person employed by him, and any person invited to the premises, complies with those provisions; and
c
any inspector, and any person acting under the authority of an inspector, is provided with adequate facilities so as to enable him to carry out his functions under these Regulations in relation to the premises and that he is given such reasonable assistance and access to such records (including any records held in electronic form) as he may at any reasonable time require for that purpose.
Production of hydrolysed protein for feeding to farmed animals
7
1
No person shall use any premises for the production of hydrolysed protein for feeding to farmed animals unless —
a
the premises are approved for this purpose by the Minister under this regulation; and
b
the premises are used for this purpose in accordance with the conditions specified in Schedule 3.
2
On an application made to him under this regulation for the approval of premises for the production of hydrolysed protein for feeding to farmed animals, the Minister shall approve the premises for this purpose if, following an inspection of the premises by a veterinary inspector, he is satisfied that —
a
the premises will be dedicated only to production of hydrolysed protein for feeding to farmed animals;
b
the premises are ABPO approved for the production of hydrolysed protein derived from fish, feather, hides and skins; and
c
the person who will use the premises for the production of hydrolysed protein for feeding to farmed animals will be able to maintain and use the premises in accordance with the ABPO approval and the conditions specified in Schedule 3.
3
The person carrying on any business at premises approved under this regulation shall ensure that —
a
the production of hydrolysed protein at the premises is in accordance with the approval and in compliance with the provisions of this regulation and Schedule 3 subject to which the approval is granted;
b
any person employed by him, and any person invited to the premises, complies with those provisions; and
c
any inspector, and any person acting under the authority of an inspector, is provided with adequate facilities so as to enable him to carry out his functions under these Regulations in relation to the premises and that he is given such reasonable assistance and access to such records (including any records held in electronic form) as he may at any reasonable time require for that purpose.
Approval of premises, suspension and withdrawal of approval
8
1
An application for approval of premises under regulations 5, 6 or 7 above –
a
for the production of fishmeal for feeding to farmed animals other than ruminants;
b
for the production of dicalcium phosphate for feeding to farmed animals; or
c
for the production of hydrolysed protein for feeding to farmed animals, shall be made in writing to the Minister by or on behalf of the person carrying on or proposing to carry on the business at the premises to which the application relates.
2
The Minister shall notify the applicant in writing of his decision on an application made to him in accordance with this regulation; and, if he refuses to approve the premises in respect of which an application is made, he shall notify the applicant in writing of his reasons for the refusal.
3
An approval of premises under regulations 5, 6 or 7 above shall specify —
a
the name and address of the person to whom the approval is granted and the address of the approved premises;
b
the use of the premises for the description of production for which the approval is granted; and
c
the conditions subject to which the approval is granted.
4
If in relation to any premises approved under regulations 5, 6 or 7 above it appears to the Minister that —
a
the premises are not ABPO approved;
b
the premises are being used otherwise than in accordance with the approval under regulations 5, 6 or 7 above;
c
any condition specified in a Schedule to these Regulations which relate to the approval of the premises under regulations 5, 6 or 7 above has not been complied with;
d
inspection of the premises for the purposes of these Regulations is being hampered; or
e
the production of fishmeal, dicalcium phosphate or hydrolysed protein at the premises in respect of which it is approved is no longer being carried on,
he may decide to suspend or withdraw the approval of the premises relating to that use.
5
Where the Minister decides to suspend or withdraw an approval relating to any premises he shall give notice of the suspension or withdrawal to the person carrying on the business at the premises (or, in the case of a suspension or withdrawal under paragraph (4)(e) above, to the person formerly carrying on the business at the premises), and to any other person who appears to the Minister to be in current occupation of the premises.
6
A notice of suspension or withdrawal of an approval shall include the following information —
a
a summary of the decision of the Minister to suspend or withdraw the approval of the premises and the use of the premises for the description of production for which the approval is suspended or withdrawn;
b
the reason for the suspension or withdrawal; and
c
the date on which the suspension or withdrawal takes effect (which may be the same date as the date on which the notice is issued).
7
The Minister shall not withdraw an approval unless —
a
it appears to him that —
i
the person using or last using the premises for the description of production for which the approval is granted no longer wishes to carry on that use of the premises;
ii
the description of production for which the premises are approved is no longer being carried on there;
iii
if the approval is suspended, the person formerly using the premises, or any other person who in the Minister’s opinion would use the premises for the description of production for which the approval is granted, will not use the premises in accordance with the approval or one or more of the conditions specified in the Schedules to these Regulations which relate to the approval; or
iv
if the approval is not already suspended, a suspension would not enable the person using the premises for the description of production for which the approval is granted to take remedial action within a reasonable period after the suspension to enable the premises to be used in accordance with the approval or one or more of the conditions specified in a Schedule to these Regulations which relate to the approval; and
b
he has given notice to the person using the premises for the description of production for which the approval is granted or, where the premises are not being used for that purpose, to the person last known to the Minister to be using the premises for that purpose, of his intention to withdraw the approval and has had regard to any representations made to him by that person in relation to that intention.
8
Where —
a
a suspension of an approval of premises under this regulation has taken effect; or
b
an approval is withdrawn,
the premises shall be treated as if they were not approved for the description of production for which the approval was granted and in relation to which the approval is suspended or withdrawn.
9
The Minister shall lift a suspension of an approval where he is satisfied that —
a
the reason for the suspension no longer applies; and
b
the person who would use the premises for the description of production for which the approval is granted will use the premises in accordance with the approval and the conditions specified in the Schedules to these Regulations which relate to the approval.
Sale or supply of processed animal protein intended for the feeding of farmed animals
9
1
Subject to paragraph (2) below, no person shall sell or supply any processed animal protein intended for the feeding of any farmed animal.
2
The prohibitions in paragraph (1) above shall not apply to the sale or supply of —
a
fishmeal referred to in regulation 4(2)(a) above for feeding to farmed animals other than ruminants;
b
gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC concerning additives in feedingstuffs;
c
dicalcium phosphate referred to in regulation 4(2)(c) above for feeding to farmed animals;
d
hydrolysed protein referred to in regulation 4(2)(d) above for feeding to farmed animals; or
e
milk and milk products.
Trade with other member States
10
1
Subject to paragraphs (2) and (3) below, no person shall send any processed animal protein to another member State.
2
If the conditions specified in paragraph (3) below are met, the prohibition in paragraph (1) above shall not apply —
a
to petfood referred to in chapter 4 of Annex I to Directive 92/118/EEC ;
b
to processed animal protein not intended for the feeding of any farmed animal;
c
to fishmeal referred to in regulation 4(2)(a) above, transported and intermediately stored in accordance with Schedule 1, for feeding to farmed animals other than ruminants;
d
to gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC concerning additives in feedingstuffs;
e
to dicalcium phosphate referred to in regulation 4(2)(c) above, produced in accordance with Schedule 2, for feeding to farmed animals;
f
to hydrolysed protein referred to in regulation 4(2)(d) above, produced in accordance with Schedule 3, for feeding to farmed animals; or
g
to milk and milk products.
3
The conditions referred to in paragraph (2) above are —
a
the member State of destination —
i
has authorised receipt of processed animal protein from the United Kingdom for the purposes of article 3(1)(a) of the Commission Decision; and
ii
has authorised processed animal protein from the United Kingdom to be sent only to premises in the member State of destination other than premises producing feedingstuffs for farmed animals;
b
the processed animal protein is accompanied by an official certificate as laid down in Annex V to the Commission Decision or, in the case of dicalcium phosphate or hydrolysed protein, an official certificate as laid down in Annex IV to the Commission Decision;
c
the processed animal protein is —
i
transported in sealed, covered containers or vehicles, in such a way as to prevent loss; and
ii
conveyed directly to a petfood or feed plant in the member State of destination; and
d
notice is given to a veterinary inspector by or on behalf of the person sending the processed animal protein in sufficient time and manner to enable the Minister to inform the competent authority of the member State of destination, in accordance with the ANIMO procedure established under Commission Decision 91/398/EEC as applied for the purposes of the Commission Decision, of the place of destination of each consignment sent.
4
Where processed animal protein has been sent to another member State and the member State of destination, in accordance with the ANIMO procedure established under Commission Decision 91/398/EEC as applied for the purposes of the Commission Decision, has not informed the Minister that the consignment has arrived, the Minister shall immediately take the appropriate action which, in his opinion, is necessary or expedient for the purposes of article 3(1)(e) of the Commission Decision.
5
Subject to paragraphs (6) and (7) below, no person shall import any processed animal protein from another member State.
6
If the conditions specified in paragraph (7) below are met, the prohibitions in paragraph (5) above shall not apply —
a
to petfood referred to in chapter 4 of Annex I to Directive 92/118/EEC ;
b
to processed animal protein not intended for the feeding of any farmed animal;
c
to fishmeal referred to in regulation 4(2)(a) above, transported and intermediately stored in accordance with Schedule 1, for feeding to farmed animals other than ruminants;
d
to gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC concerning additives in feedingstuffs;
e
to dicalcium phosphate referred to in regulation 4(2)(c) above, produced in accordance with Schedule 2, for feeding to farmed animals;
f
to hydrolysed protein referred to in regulation 4(2)(d) above, produced in accordance with Schedule 3, for feeding to farmed animals; or
g
to milk and milk products.
7
The conditions referred to in paragraph (6) above are —
a
the Minister —
i
has authorised receipt of processed animal protein from the member State for the purposes of article 3(1)(a) of the Commission Decision; and
ii
has authorised processed animal protein from the member State to be sent only to premises in England other than premises producing feedingstuffs for farmed animals;
b
before the processed animal protein is imported, the person who intends to import it has given notice of the proposed import to a veterinary inspector;
c
the processed animal protein is accompanied by an official certificate as laid down in Annex V to the Commission Decision or, in the case of dicalcium phosphate or hydrolysed protein, an official certificate as laid down in Annex IV to the Commission Decision;
d
the processed animal protein is —
i
transported in sealed, covered containers or vehicles, in such a way as to prevent loss; and
ii
conveyed directly to a petfood or feed plant in the member State of destination; and
e
notice is given to a veterinary inspector by or on behalf of the person sending the processed animal protein in sufficient time and manner to enable the Minister to inform the competent authority of the member State of origin, in accordance with the ANIMO procedure established under Commission Decision 91/398/EEC as applied for the purposes of the Commission Decision, of the arrival of each consignment sent.
Trade with third countries
11
1
Subject to paragraphs (2) and (3) below, no person shall export any processed animal protein to a third country.
2
If the conditions specified in paragraph (3) below are met, the prohibition in paragraph (1) above shall not apply —
a
to petfood referred to in chapter 4 of Annex I to Directive 92/118/EEC ;
b
to processed animal protein not intended for the feeding of any farmed animal;
c
to fishmeal referred to in regulation 4(2)(a) above, transported and intermediately stored in accordance with Schedule 1, for feeding to farmed animals other than ruminants;
d
to gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC concerning additives in feedingstuffs;
e
to dicalcium phosphate referred to in regulation 4(2)(c) above, produced in accordance with Schedule 2, for feeding to farmed animals;
f
to hydrolysed protein referred to in regulation 4(2)(d) above, produced in accordance with Schedule 3, for feeding to farmed animals; or
g
to milk and milk products.
3
The conditions referred to in paragraph (2) above are —
a
the state of destination has entered into an agreement with the United Kingdom for the purposes of article 3(2)(a) of the Commission Decision –
i
that processed animal protein imported from the United Kingdom is authorised to be sent only to premises other than premises producing feedingstuffs for farmed animals; and
ii
that it will not authorise the export of processed animal protein imported from the United Kingdom unless it is incorporated in a product destined for final use as feed for animals which are not kept, fattened or bred for the production of food; and
b
the processed animal protein is accompanied by an official certificate as laid down in Annex V to the Commission Decision or, in the case of dicalcium phosphate or hydrolysed protein, an official certificate as laid down in Annex IV to the Commission Decision.
4
Subject to paragraphs (5) and (6) below, no person shall import any processed animal protein from a third country.
5
If the condition specified in paragraph (6) below are met, the prohibition in paragraph (4) above shall not apply —
a
to petfood referred to in chapter 4 of Annex I to Directive 92/118/EEC ;
b
to processed animal protein not intended for the feeding of any farmed animal;
c
to fishmeal referred to in regulation 4(2)(a) above, transported and intermediately stored in accordance with Schedule 1, for feeding to farmed animals other than ruminants;
d
to gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC concerning additives in feedingstuffs;
e
to dicalcium phosphate referred to in regulation 4(2)(c) above, produced in accordance with Schedule 2, for feeding to farmed animals;
f
to hydrolysed protein referred to in regulation 4(2)(d) above, produced in accordance with Schedule 3, for feeding to farmed animals; or
g
to milk and milk products.
6
The condition referred to in paragraph (5) above is that the processed animal protein is dealt with in accordance with the conditions laid down in article 8 of Directive 97/78/EC
Manufacture of feedingstuffs
12
1
Subject to paragraph (2) below, no person shall manufacture any feedingstuff, including petfood, which is destined for animals other than farmed animals, and which contains processed animal protein, in premises which prepare feed for farmed animals.
2
If any feedingstuff is produced with no processed animal protein other than fishmeal, dicalcium phosphate or hydrolysed protein, it may be manufactured in premises which prepare feed for farmed animals other than ruminants.
Production of feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants
13
1
Subject to paragraph (3) below, no person shall use any premises for the production of feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants if the premises are used for the preparation of feedingstuffs for ruminant animals.
2
For the purposes of paragraph 6 of Annex I to the Commission Decision, premises manufacturing animal feed which are not used for the preparation of feedingstuffs for ruminant animals are authorised for the production of feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants.
3
The prohibition in paragraph (1) above shall not apply to premises used for the preparation of feedingstuffs for ruminant animals which are used for the production of feedingstuffs containing fishmeal for feeding to other animal species if —
a
the fishmeal satisfies the requirements of regulation 4(2)(a) above;
b
the transport and storage of feed material destined for ruminant animals is completely separate from feed material prohibited for feeding to ruminant animals;
c
the storage, transport, manufacturing and packaging facilities for compound feedingstuffs destined for ruminant animals is completely separate; and
d
the person using the premises for the preparation of feedingstuffs for ruminant animals which are used for the production of feedingstuffs containing fishmeal for feeding to other animal species carries out routine tests on the feedingstuffs destined for ruminant animals to ensure that any processed animal protein the feeding of which to farmed animals is prohibited by regulation 4 above are not present in those feedingstuffs.
4
No person shall produce any feedingstuff containing fishmeal for feeding to farmed animals other than ruminants unless the feedingstuff is labelled clearly to indicate the words “it contains fishmeal - cannot be fed to ruminant animals”.
5
No person shall use any vehicle for the transport of bulk feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants at the same time as it is used for the transport of any feed for ruminant animals.
6
Where a vehicle used for the transport of bulk feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants is subsequently used for the transport of other products, the person using the vehicle for the transport of the bulk feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants shall ensure it is thoroughly cleaned and inspected before and after the transport of those bulk feedingstuffs.
Production of feedingstuffs containing dicalcium phosphate for feeding to farmed animals
14
1
Subject to paragraph (3) below, no person shall use any premises for the production of feedingstuffs containing dicalcium phosphate from defatted bones for feeding to farmed animals other than ruminants if the premises are used for the preparation of feedingstuffs for ruminant animals.
2
For the purpose of paragraph 3 of Annex II to the Commission Decision, premises manufacturing animal feed which are not used for the preparation of feedingstuffs for ruminant animals are authorised for the production of feedingstuffs containing dicalcium phosphate from defatted bones for feeding to farmed animals other than ruminants.
3
The prohibition in paragraph (1) above shall not apply to premises used for the preparation of feedingstuffs for ruminant animals which are used for the production of feedingstuffs containing dicalcium phosphate from defatted bones for other animal species if —
a
the dicalcium phosphate satisfies the requirements of regulation 4(2)(c) above;
b
the transport and storage of feed material destined for ruminant animals is completely separate from feed material prohibited for feeding to ruminant animals;
c
the storage, transport manufacturing and packaging facilities for compound feedingstuffs destined for ruminant animals is completely separate; and
d
the person using the premises for the preparation of feedingstuffs for ruminant animals which are used for the production of feedingstuffs containing dicalcium phosphate from defatted bones for other animal species carries out routine tests on the feedingstuffs destined for ruminant animals to ensure that any processed animal protein the feeding of which to farmed animals is prohibited by regulation 4 above are not present in those feedingstuffs.
4
No person shall produce any feedingstuff containing dicalcium phosphate from defatted bones for feeding to farmed animals other than ruminants unless the feedingstuff is labelled clearly to indicate the words “it contains dicalcium phosphate from defatted bones – cannot be fed to ruminant animals”.
5
No person shall use any vehicle for the transport of bulk feedingstuffs containing dicalcium phosphate from defatted bones for feeding to farmed animals other than ruminants at the same time as it is used for the transport of any feed for ruminant animals.
6
Where a vehicle used for the transport of bulk feedingstuffs containing dicalcium phosphate from defatted bones for feeding to farmed animals other than ruminants is subsequently used for the transport of other products, the person using the vehicle for the transport of the bulk feedingstuffs containing dicalcium phosphate from defatted bones for feeding to farmed animals other than ruminants shall ensure it is thoroughly cleaned and inspected before and after the transport of those bulk feedingstuffs.
Production of feedingstuffs containing hydrolysed protein for feeding to farmed animals
15
1
Subject to paragraph (3) below, no person shall use any premises for the production of feedingstuffs containing hydrolysed protein for feeding to farmed animals other than ruminants if the premises are used for the preparation of feedingstuffs for ruminant animals.
2
For the purpose of paragraph 2 of Annex III to the Commission Decision, premises manufacturing animal feed which are not used for the preparation of feedingstuffs for ruminant animals are authorised for the production of feedingstuffs containing hydrolysed protein for feeding to farmed animals other than ruminants.
3
The prohibition in paragraph (1) above shall not apply to premises used for the preparation of feedingstuffs for ruminant animals which are used for the production of feedingstuffs containing hydrolysed protein for other animal species if —
a
the hydrolysed protein satisfies the requirements of regulation 4(2)(d) above;
b
the transport and storage of feed material destined for ruminant animals is completely separate from feed material prohibited for feeding to ruminant animals;
c
the storage, transport manufacturing and packaging facilities for compound feedingstuffs destined for ruminant animals is completely separate; and
d
the person using the premises for the preparation of feedingstuffs for ruminant animals which are used for the production of feedingstuffs containing hydrolysed protein for other animal species carries out routine tests on the feedingstuffs destined for ruminant animals to ensure that any processed animal protein the feeding of which to farmed animals is prohibited by regulation 4 above are not present in those feedingstuffs.
4
No person shall produce any feedingstuff containing hydrolysed protein for feeding to farmed animals other than ruminants unless the feedingstuff is labelled clearly to indicate the words “it contains hydrolysed protein – cannot be fed to ruminant animals”.
5
No person shall use any vehicle for the transport of bulk feedingstuffs containing hydrolysed protein for feeding to farmed animals other than ruminants at the same time as it is used for the transport of any feed for ruminant animals.
6
Where a vehicle used for the transport of bulk feedingstuffs containing hydrolysed protein for feeding to farmed animals other than ruminants is subsequently used for the transport of other products, the person using the vehicle for the transport of the bulk feedingstuffs containing hydrolysed protein for feeding to farmed animals other than ruminants shall ensure it is thoroughly cleaned and inspected before and after the transport of those bulk feedingstuffs.
Use and storage of feedingstuffs containing fishmeal, dicalcium phosphate or hydrolysed protein
16
1
Subject to paragraph (2) below, no person shall use or store any feedingstuff, other than petfood referred to by chapter 4 of Annex I to Council Directive 92/118/EEC , containing any —
a
fishmeal;
b
dicalcium phosphate derived from defatted bones; or
c
hydrolysed protein,
on a farm where ruminant animals are kept, fattened or bred for the production of food.
2
Paragraph (1) above shall not apply to the use or storage of any feedingstuff containing any fishmeal, dicalcium phosphate derived from defatted bones or hydrolysed protein on any farm where ruminant animals are kept if measures are implemented on the farm sufficient to prevent the feedingstuff being fed to those ruminant animals.
Records relating to processed animal protein
17
1
Any person who consigns processed animal protein shall keep for two years from the date of consignment (or, in the case of processed animal protein produced outside the United Kingdom, for two years from the date on which it was imported into the United Kingdom) a record indicating —
a
the date of consignment and the nature of the processed animal protein consigned;
b
the weight consigned and, unless consigned loose, the number and weight of the packages, pallets or other containers in which it is consigned;
c
the destination of the consignment;
d
the name and address of the consignee;
e
the registration number of the vehicle in which the consignment is transported; and
f
the name and address of the operator of that vehicle.
2
Any person receiving a consignment of processed animal protein shall keep for two years from the date of receipt of the consignment a record indicating
a
the date on which it was received and the nature of the processed animal protein received;
b
its weight on receipt and, unless consigned loose, the number and weight of the packages, pallets or other containers in which it was consigned;
c
the place from which it was consigned;
d
the name and address of the person by whom it was consigned;
e
the registration number of the vehicle in which it was consigned; and
f
the name and address of the operator of that vehicle.
3
Any person receiving a consignment of processed animal protein shall keep for two years from the date of any use, disposal or further consignment a record indicating —
a
in the case of any use, the nature of the processed animal protein used and details of each use, the weight of any part of the consignment incorporated into a product and the nature and date of manufacture of any such product;
b
in the case of disposal, the weight disposed of, the date of such disposal, and the place in which, method by which and name of the person by whom it was disposed of; and
c
in the case of further consignment, the information required by paragraph (1) above.
4
Any person who controls a vehicle in which processed animal protein is transported shall keep, for two years from the date on which transport of a particular consignment of such protein commenced (or, in the case of an import, from the date on which that material entered England), a record of —
a
the person and place from which that consignment was transported and the nature of the processed animal protein consigned;
b
the date on which it was collected from that person;
c
the weight consigned and, unless consigned loose, the number and weight of the packages, pallets or other containers in which it is consigned;
d
the registration number, and the name and address of the driver, of the vehicle in which it was transported and, if the vehicle includes a trailer, the number of the trailer;
e
the person and place to which it was to be or was delivered; and
f
the date or intended date of delivery to that person.
5
The driver of a vehicle in which a consignment of processed animal protein is transported shall have a document recording the information required by paragraph (4) above in his possession at all times when he is in charge of that vehicle.
6
In relation to a vehicle not having a registration number, the requirement to keep a record of the registration number pursuant to paragraphs (1)(e), (2)(e) and (4)(d) above shall be a requirement to keep such details as permit the identification of the vehicle in which the consignment was transported.
Powers of entry
18
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any premises (excluding premises used only as a dwelling) for the purpose of ascertaining whether —
a
there is or has been on the premises any contravention of any provisions of these Regulations; or
b
there is on the premises any evidence of any contravention of any provisions of these Regulations.
2
If a Justice of the Peace, on sworn information in writing is satisfied that there is reasonable ground for entry into any premises (excluding premises used only as a dwelling) for any purpose as is mentioned in paragraph (1) above and that either —
a
admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the Justice may by warrant signed by him authorise an inspector to enter the premises, if need be by reasonable force.
3
An inspector entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
Sampling and other checks and examinations
19
1
An inspector shall have power to carry out all checks and examinations necessary for the enforcement of these Regulations.
2
An inspector may —
a
take samples (and, if necessary, send the samples for laboratory testing) from any protein, feed or feedingstuff;
b
examine any record (including any record held in electronic form) which he believes to be relevant to any checks and examinations under these Regulations;
c
seize, detain and require the production of any record which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations;
d
take with him such other person as he considers necessary to carry out any checks and examinations under these Regulations;
e
inspect any production, storage, transport or other operation carried out under these Regulations and anything used for the marking and identification of protein, feed or feedingstuff; and
f
take with him a representative of the Commission acting for any purposes of the Commission related to these Regulations.
Obstruction
20
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purpose of carrying out his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences and penalties
21
1
A person contravening or failing to comply with any provision of these Regulations, shall be guilty of an offence and shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
3
For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Offences due to fault of another person and defence of due diligence
22
1
Where the commission by any person of an offence under any of the provisions of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph of this regulation whether or not proceedings are taken against the first-mentioned person.
2
In any proceedings for an offence under any of the provisions of these Regulations, it shall, subject to paragraph (3) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
3
If in any case the defence provided by paragraph (2) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
4
In paragraph (3) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.
Enforcement
23
1
Except as provided in paragraph (2) below, these Regulations shall be enforced and executed by the local authority.
2
The Minister may direct, in relation to cases of a particular description or any particular case, that the duty imposed on a local authority under this regulation shall be discharged by the Minister and not by the local authority.
Service of notices and other documents
24
1
Any notice or other document to be given or served on any person under these Regulations may be given or served either —
a
by delivering it to that person;
b
in the case of an incorporated body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it by post to him at that office; or
c
in the case of any other person, by leaving it, or sending it by post to him, at his usual or last known address.
2
Where a notice or other document is to be given or served on the owner, proprietor, operator or occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person to or on whom it should be given or served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of “owner”, “proprietor”, “operator” or “occupier” of the premises (naming them) and —
a
by delivering it to some person on the premises; or
b
if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
Amendment of the Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999
25
1
The Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) after the definition of “premises” there shall be inserted the following definition –
“processed animal protein” has the same meaning as in the Processed Animal Protein (England) Regulations 2001 ;
.
3
In regulation 3, for paragraph (1) there shall be substituted the following paragraph —
1
An authorised officer shall, on producing if so required, a duly authenticated document showing his authority, have the right at all reasonable hours to enter any premises and there take such samples —
a
as are necessary to enable the Official ELISA tests for the identification of ruminant protein in feedingstuff intended for ruminants to be carried out; or
b
of any protein, feed or feedingstuff, whether or not intended for ruminants, as are necessary to enable —
i
the Official ELISA tests to be carried out for the identification of ruminant protein; or
ii
tests to be carried out for the identification of processed animal protein, or the identification of any type or description of processed animal protein,
in the protein, feed or feeding stuff.
.
Margaret Beckett
Minister of Agriculture, Fisheries and Food
2nd July 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Overseas Insurers (Tax Representatives) (Amendment) Regulations 2001 and shall come into force on 17th August 2001.
Amendment of the Overseas Insurers (Tax Representatives) Regulations 1999
2
1
Amend paragraph 1 of the Schedule to the Overseas Insurers (Tax Representatives) Regulations 1999 as follows.
2
In the definition of “gain” for “543 or 545” substitute “543, 545 or 546C ”.
Nick Montagu
Dave Hartnett
Two of the Commissioners of Inland Revenue
26th July 2001


text:
Title, commencement and extent
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 3) Regulations 2001; they extend to England and Wales only, and shall come into force on 1st January 2002.
Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999
2
1
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 shall be amended in accordance with this regulation.
2
In regulation 2(1), for the definition of the Residues Directives there shall be substituted the following definition:
“the Residues Directives” means Council Directive 86/362/ EEC , Council Directive 86/363/EEC and Council Directive 90/642/EEC , in each case amended as at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 3) Regulations 2001.
.
3
In Part 2 of Schedule 2 maximum residue levels shall be substituted as follows —
a
for mg/ kg of chlorothalonil on bananas delete “2” and insert “0.2”;
b
for mg/kg of iprodione on spring onion delete “5” and insert “3”;
c
for mg/kg of methamidophos on cottonseed delete “0.01*” and insert “0.1”.
4
In Part 2 of Schedule 2, there shall be inserted, in the appropriate place to preserve the alphabetical ordering from left to right, columns of maximum permitted levels for residues of the pesticides azimsulfuron, azoxystrobin, fluroxpyr and its esters expressed as fluroxpyr (as from 1st March 2002), kresoxim methyl and prohexadione and its salts expressed as prohexadione, as specified in the Schedule to these Regulations in relation to the products so specified, the columns relating to azoxystrobin and kresoxim methyl being substituted for the existing columns respectively relating to them as from 1st March 2002.
Whitty
Parliamentary Under-Secretary,
Department of Environment, Food and Rural Affairs
3rd December 2001
Signed on behalf of the National Assembly for Wales
D. Elis Thomas
Presiding Officer, National Assembly for Wales
29th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Dover (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Dover;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of Dover (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Dover
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-one wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Dover
3
1
The ordinary elections of all councillors of the district of Dover shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Deal
4
1
The existing wards of the parish of Deal shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be five.
Wards of the parish of Dover
5
1
The existing wards of the parish of Dover shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Buckland, Castle, Maxton, Elms Vale and Priory, St Radigunds, Tower Hamlets and Town and Pier; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for each of the Buckland and Maxton, Elms Vale and Priory parish wards shall be four, for each of the St Radigunds and Tower Hamlets parish wards shall be three, and for each of the Castle, and Town and Pier parish wards shall be two.
Wards of the parish of Walmer
6
1
The existing wards of the parish of Walmer shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Gladstone, Lower Walmer St Saviours, Lower Walmer Wellington and Upper Walmer; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Gladstone parish ward shall be two, for each of the Lower Walmer St Saviours and Lower Walmer Wellington parish wards shall be four, and for the Upper Walmer parish ward shall be five.
Revocation
7
The District of Dover (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions.
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
1st November 2001


text:
1
This Order may be cited as the Community Order (Electronic Monitoring of Requirements) (Responsible Officer) Order 2001 and shall come into force on 2nd July 2001.
2
In this Order, “responsible officer” means the person responsible for the electronic monitoring (in pursuance of a requirement included in the order under section 36B(1) of the Powers of Criminal Courts (Sentencing) Act 2000) of the offender’s compliance with any requirement imposed by a community order.
3
Where the relevant area (within the meaning of section 36B(7) to (10) of the Powers of Criminal Courts (Sentencing) Act 2000) for a community order is an area specified in Schedule 1 to this Order, the responsible officer shall be an employee of Premier Monitoring Services Limited of Berkshire Court, Western Road, Bracknell, Berkshire RG12 1RE.
4
Where the relevant area for a community order is an area specified in Schedule 2 to this Order, the responsible officer shall be an employee of Securicor Custodial Services Limited of Sutton Park, 15 Carshalton Road, Sutton, Surrey SM1 4LD.
5
Where the relevant area for a community order is an area specified in Schedule 3 to this Order, the responsible officer shall be an employee of GSSC of Europe Limited of Carmelite, 50 Victoria Embankment, London EC4Y 0DX.
Keith Bradley
Minister of State
Home Office
19th June 2001


text:
1
This Order may be cited as the School Standards and Framework Act 1998 (Commencement No. 9 and Supplemental Provisions) Order 2001.
2
Section 115(2) and (3) of the School Standards and Framework Act 1998 shall come into force on 20th July 2001 in relation to Wales.
3
Requests by or on behalf of any registered pupil at a school for school lunches to be provided on or after 20th July 2001 may be made to a local education authority at any time after the making of this Order.
Catherine Ashton
Parliamentary Under-Secretary of State,
Department for Education and Skills
10th July 2001


text:
Title, commencement, extent and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 5) Regulations 2001; they extend to England and come into force at 11.45 p.m. on 4th April 2001.
2
These Regulations shall apply until midnight on 19th April 2001.
Interpretation
2
In these Regulations, unless the context other requires —
“the Decision” means Commission Decision 2001/172/ EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/145/EC as amended by Commission Decision 2001/190/EC , Commission Decision 2001/209/EC , Commission Decision 2001/239/EC , and Commission Decision 2001/268/EC ;
“export” means export outside the British Islands;
“inspector” means a person appointed by the Minister or a local authority to be an inspector for the purposes of these Regulations, the Animals and Animal Products (Import and Export) Regulations 2000 or the Products of Animal Origin (Import and Export) Regulations 1996 and includes a veterinary inspector;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/ EEC on health problems affecting the production and marketing of meat products and certain other products of animal origin ;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 2 of Council Directive 92/46/EC (laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products ;
“restricted area of Northern Ireland” means the district of Newry and Mourne in County Armagh;
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister.
Import and export of live animals
3
1
No person shall export any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from the preceding paragraph, the Minister may by licence in writing authorise the export of biungulate animals originating outside the United Kingdom if the animals travelled through the United Kingdom in direct and uninterrupted transit on main roads or by rail or sea.
3
No person shall import any live animal of species susceptible to foot-and-mouth disease into England from another member State.
Export of fresh meat
4
1
No person shall export any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
fresh meat obtained before 1st February 2001, provided that the meat is clearly identified and since that date has been transported and stored separately from meat which is not destined for dispatch outside the United Kingdom; or
b
fresh meat obtained from cutting plants under the following conditions —
i
the only meat processed in the establishment is fresh meat described in sub-paragraph (a); fresh meat from animals reared outside Great Britain or the restricted area of Northern Ireland, transported directly and under official control in sealed means of transport to a slaughterhouse for immediate slaughter; or fresh meat from animals reared and slaughtered outside Great Britain or the restricted area of Northern Ireland;
ii
all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on health problems affecting the productions and marketing of meat products and certain other products of animal origin ;
iii
the plant is operated under strict veterinary control; and
iv
the meat is clearly identified and transported and stored separately from meat which is not destined for export.
3
Meat consigned to another member State shall be accompanied by an official certificate prepared by the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Meat conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
Export of meat products
5
1
No person shall export meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the United Kingdom.
2
The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products ), or to meat products as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3
The prohibition in paragraph (1) shall not apply to —
a
meat products prepared before 1st February 2001, provided that the meat products are clearly identified and since that date have been transported and stored separately from meat products which are not destined for export; or
b
meat products prepared in establishments under the following conditions —
i
all fresh meat used in the establishment must conform to the conditions in regulation 4(2);
ii
all meat products used in the final product must conform to the conditions in sub-paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside Great Britain or the restricted area of Northern Ireland;
iii
all meat products must bear the health mark in accordance with Chapter VI of Annex B to Directive 77/99/EEC ;
iv
the establishment must be operated under strict veterinary control; and
v
the meat products must be clearly identified and transported and stored separately from meat and other meat products which are not destined for export.
4
Meat products consigned to another member State shall be accompanied by an official certificate prepared by the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Meat products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the products either —
a
are consigned in hermetically sealed containers, or
b
have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
Export of milk
6
1
No person shall export milk.
2
The prohibition in paragraph (1) shall not apply to a milk which has been subjected to at least —
a
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC (laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 1989/662/EEC and, as regards pathogens, to Directive 1990/425/EEC ) followed by a second heat treatment by high temperature pasteurisation, UHT sterilisation or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
b
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC , combined with treatment by which the pH is lowered below 6 and held there for at least one hour.
3
The prohibition in paragraph (1) shall not apply in relation to milk prepared in establishments under the following conditions —
a
all milk used in the establishment must either conform to the conditions of paragraph (2) or be obtained from animals outside Great Britain or the restricted area of Northern Ireland;
b
the establishment must be operated under strict veterinary control;
c
the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for export; and
d
transport of raw milk from outside Great Britain or the restricted area of Northern Ireland to the establishment must be carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in Great Britain or the restricted area of Northern Ireland keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned to another member State shall be accompanied by an official certificate prepared by the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Milk conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) shall not apply to milk which conforms to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk either —
a
is consigned in hermetically sealed containers, or
b
has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
Export of milk products
7
1
No person shall export milk products.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
milk products produced before 1st February 2001;
b
milk products prepared from milk which complies with paragraphs (2) or (3) of regulation 6;
c
milk products subjected to heat treatment at a temperature of at least 72°C for 15 seconds or an equivalent treatment; and
d
milk products destined for export to a third country where import conditions permit such products to be subject to treatment other than laid down in these Regulations.
3
The prohibitions described in paragraph (1) shall not apply to milk products prepared in establishments under the following conditions —
a
all milk used in the establishment will either conform to the conditions of regulation 6(2) or be obtained from animals outside Great Britain or the restricted area of Northern Ireland;
b
all milk products used in the final product will either conform to the conditions of paragraph (2)(a), (b) or (c) or be made from milk obtained from animals outside Great Britain or the restricted area of Northern Ireland;
c
the establishment shall be under strict veterinary control; and
d
the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for export.
4
Milk products consigned to another member State shall be accompanied by an official certificate prepared by the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Milk products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b) or (c) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk products either —
a
are consigned in hermetically sealed containers, or
b
have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
Export of semen, etc.
8
1
No person shall export or send to Northern Ireland (other than to the restricted area) semen, ova or embryos of animals of the bovine, ovine, caprine or porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to frozen bovine semen and embryos produced before 1st February 2001.
3
The health certificate provided for in Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species ) accompanying frozen bovine semen consigned to another member State shall bear the following words —
“Frozen bovine semen conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
4
The health certificate provided for in Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ) accompanying bovine embryos consigned to another member State shall bear the following words —
“Bovine embryos conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
Export of hides and skins
9
1
No person shall export hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraph 1(B), indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC if treated hides and skins are separated effectively from untreated hides and skins.
3
Hides and skins consigned to another member State must be accompanied by an official certificate prepared by the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
“Hides and skins conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
4
Paragraph (3) shall not apply to hides and skins which conform to the requirements of either —
a
paragraph 1A indents 2 to 5 of Chapter 3 of Annex I to Council Directive 92/118/EEC ; or
b
paragraph 1(B) indents 3 and 4 of Chapter 3 to Annex I to Council Directive 92/118/EEC
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 12.
Export of animal products
10
1
No person shall export animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations produced after 1st February 2001.
2
No person shall export dung or manure.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
animal products which have been subjected to —
i
heat treatment in a hermetically sealed container with a Fo value of 3.00 or more; or
ii
heat treatment in which the centre temperature is raised to at least 70°C;
b
blood and blood products as defined in Chapter 7 of Annex I to Council Directive 92/118/EEC which have been subjected to —
i
heat treatment at a temperature of 65°C for at least three hours followed by an effectiveness check;
ii
irradiation of 2.5 megarads or gamma rays followed by an effectiveness check; or
iii
change of pH to pH5 or lower for at least two hours, followed by an effectiveness check;
c
lard and rendered fats which have been subject to the heat treatment prescribed in paragraph 2(A) of Chapter 9 Annex I to Council Directive 92/118/EEC ;
d
animal casings to which the provisions of paragraph B Chapter 2 of Annex I to Council Directive 92/118/EEC apply adapted as necessary to suit the case;
e
sheep wool, ruminant hair and pigs' bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs' bristles which are securely enclosed in packaging and dry;
f
semi-moist and dried petfood conforming to the requirements of paragraphs 2 and 3 respectively of Chapter 4 of Annex I to Council Directive 92/118/EEC ;
g
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations; or
h
game trophies in accordance with paragraph 2(b) of Part B of Chapter 13 to Annex I to Council Directive 92/118/EEC .
4
The animal products must be accompanied by an official certificate prepard by the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
“Animal products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) shall not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) which have a commercial document required under the Products of Animal Origin (Import and Export) Regulations 1996 endorsed in accordance with regulation 12 of these Regulations.
6
Paragraph (4) shall not apply to products specified in sub-paragraphs (e) of paragraph (3) which are accompanied by a commercial document stating either —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in paragraphs (2) and (4) of Chapter 15 of Annex I to Council Directive 92/118/EEC .
7
Paragraph (4) shall not apply to products specified in sub-paragraph (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these regulations and they have a commercial document endorsed in accordance with regulation 12.
Exemptions
11
The prohibitions in regulations 5,6, 7 and 10 shall not apply in relation to —
a
products produced and packaged outside the United Kingdom if the packaging indicates the country of origin and they remain in their original packaging; or
b
products which are —
i
produced in an establishment approved by the Minister from pre-processed products originating outside the United Kingdom which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for export; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
12
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared by the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
2
The certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
Third country certificates
13
No person shall export anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the Minister and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.
Export of horses
14
1
Any person exporting equidae to another member State shall ensure that they are accompanied by an Animal Health Certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae .
2
An inspector shall only issue a certificate referred to in paragraph (1) if he is satisfied that the animal has not been in an infected area (other than in transit through an infected area by road without being unloaded) to which Part III of the Foot-and-Mouth Disease Order 1983 (in Great Britain) or Part I of the Foot-and-Mouth Disease Order (Northern Ireland) 1962 in Northern Ireland applies at any time in the 15 days prior to certification.
Powers of inspectors
15
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of customs officers
16
A customs officer may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments
17
1
Where an inspector knows or suspects that animals or animal products are intended for export and do not comply with the requirements of these Regulations he may serve a notice on the person in charge of the consignment prohibiting the export of the animals or products in the consignment until he is satisfied that the animals or products comply with the Regulations.
2
No person shall export anything subject to a notice served under this regulation unless it has been revoked.
3
A notice under this section shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
4
Animals imported in contravention of these Regulations shall be dealt with as specified in the regulation 13 of the Animals and Animal Products (Import and Export) Regulations 2000 .
Obstruction
18
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
19
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
20
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 18(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Certificates, etc. issued in Northern Ireland, Wales or Scotland
21
Where these Regulations require any certificate, licence or approval to be issued or granted by the Minister, an equivalent certificate, licence or approval issued in Northern Ireland, Wales or Scotland by the relevant competent authority is valid.
Enforcement
22
These Regulations shall be enforced by the Minister or the local authority.
Revocation
23
The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 4) Regulations 2001 are revoked in so far as they extend to England.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
4th April 2001


text:
Citation and Commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Bournemouth) Order 2001 and shall come into force on 3rd September 2001.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the borough of Bournemouth with the exception of the A338 road, known as the Wessex Way, together with all its on and off slip roads, for its entire length in the borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Oder applies as:
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Sally Keeble
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
3rd August 2001