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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Specified Risk Material Amendment (No. 3) (Scotland) Regulations 2001 URL: http://www.bailii.org/scot/legis/num_reg/2001/20010288.html |
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The Scottish Ministers, in exercise of the powers conferred by sections 16(1)(a), (b), (c), (d) and (f), (2)(a) and (3), 17, 19(1)(a), 26 and 48(1) of and paragraphs 2(1), 3(1), 5 and 6(1)(a) of Schedule 1 to the Food Safety Act 1990[1] and of all other powers enabling them in that behalf, having had regard in accordance with section 48(4A)[2] of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B)[3] of that Act, hereby make the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Specified Risk Material Amendment (No. 3) (Scotland) Regulations 2001 and shall come into force on 20th August 2001. (2) These Regulations extend to Scotland only. Amendments to the Specified Risk Material Regulations 1997 2. - (1) The Specified Risk Material Regulations 1997[4] are amended in accordance with the following paragraphs of this regulation. (2) In paragraph (1) of regulation 2 (interpretation)-
(b) the following definition is inserted between the definition of "listed premises" and the definition of "official veterinary surgeon":-
(b) has been obtained by mechanical means;";
(c) the words "(subject to paragraph (4) below)" are inserted at the beginning of paragraph (c) of the definition of "specified risk material"; and
(3) The following paragraph is inserted at the end of regulation 2:-
(4) In paragraph (1) of regulation 3 (specified sheep or goat material), the words "(subject to paragraph (4) below)" are inserted before the words "specified sheep or goat material".
(5) The countries are-
Australia Botswana Brazil Chile Costa Rica Namibia New Zealand Nicaragua Paraguay Singapore Swaziland Uruguay.".
(6) The following paragraph is substituted for paragraph (1) of regulation 4 (specified bovine material)-
(b) the following material derived from a bovine animal which was slaughtered or died in the United Kingdom or Portugal-
(bb) the thymus; (cc) the spleen; (dd) the spinal cord; and
(ii) (subject to paragraph (5) below) when it was aged over 12 months, the vertebral column; and
(c) (subject to paragraph (4) below) the following material derived from a bovine animal which was slaughtered or died elsewhere than in the United Kingdom or Portugal when it was aged over 12 months-
(ii) the tonsils; (iii) the spinal cord; and (iv) (subject to paragraph (6) below) the vertebral column.".
(7) The following paragraph is substituted for paragraph (3) of regulation 4:-
(8) The following paragraphs are inserted at the end of regulation 4:-
(5) Notwithstanding paragraph (1)(b)(ii) above, the vertebral column of a bovine animal born and continuously reared in the United Kingdom or Portugal and slaughtered there when it was aged over 12 months but no more than 30 months shall not be regarded as specified bovine material for the purpose of these Regulations. (6) Notwithstanding paragraph (1)(c)(iv) above, the vertebral column of a bovine animal born, continuously reared and slaughtered in Austria, Finland or Sweden shall not be regarded as specified bovine material for the purposes of these Regulations.".
(9) The following regulation is substituted for regulation 6 (approvals, authorisations and registrations):-
6. - (1) The Scottish Ministers may, on application, approve any premises for the purposes of Part VI of these Regulations (transport and disposal of specified risk material) if they are satisfied that the premises-
(b) comply with the requirements of that Part of these Regulations.
(2) The Agency may, on application, authorise any premises under regulation 15 below (prohibition on the removal of the spinal cord of a ruminant animal) if it is satisfied that the premises-
(b) comply with the requirements of regulation 15.
(3) Any approval or authorisation granted or made under these Regulations (including a consent given under regulation 24(7) below) shall be in writing and may be made subject to conditions.
(10) The following regulation is substituted for regulation 8 (prohibitions applying to the vertebral column)-
8. - (1) No person shall use any bovine, ovine or caprine bone for the production of mechanically recovered meat. (2) No person shall use any mechanically recovered meat which comes from a bovine, ovine or caprine bone in the preparation of food for sale for human consumption.".
(11) Regulation 9 (registration of premises on which meat is recovered by mechanical means from ruminant animals) is omitted.
15A. - (1) Where a carcase of a bovine animal containing vertebral column which is specified bovine material-
(b) is imported and transported to a designated cutting premises in accordance with article 6(2A) of the Specified Risk Material Order 1997,
the occupier of those premises shall ensure that the vertebral column is removed from the rest of the carcase at the premises as soon as is practicable after the arrival of the carcase there.
(b) disposed of as specified risk material in accordance with these Regulations.
(4) In paragraphs (1) to (3) above, "designated cutting premises" means licensed premises which the Agency has, following receipt by it of a written application, designated in writing for the purposes of this regulation.
(14) In paragraph (1) of regulation 26 (power to give directions)-
(b) the words "they or, as the case may be," are inserted before the words "the Agency".
(15) In paragraph (2) of regulation 26, for the words "the Minister" there are substituted the words "the Scottish Ministers or, as the case may be, the Agency".
(b) in view of the amendment made to regulation 26 of the principal Regulations by the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (Scotland) Regulations 2000 (S.S.I. 2000/62), that regulation is further amended to enable the Scottish Ministers or the Food Standards Agency to give directions relating to the disposal of specified risk material (regulation 2(14) and (15)). A consequential amendment is also required to regulation 29(2)(c) (regulation 2(16)).
These Regulations also make consequential amendments to the principal Regulations (regulation 2(2), (3), (9) and (12)).
[2]
Section 48(4A) was inserted by the Food Standards Act 1999, Schedule 5, paragraph 21.back
[3]
Section 48(4B) was inserted by the Food Standards Act 1999, Schedule 5, paragraph 21.back
[4]
S.I. 1997/2965, amended by S.I. 1997/3062, 1998/2405 (itself amended by S.I. 1998/2431), 1999/539, S.S.I. 2000/62 and 345, 2001/3 and 86.back
[5]
S.I. 1997/2964, amended by S.S.I. 2000/344, 2001/4 and 287.back
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| © Crown copyright 2001 | Prepared 29 August 2001 |