# The Bovines and Bovine Products (Trade) Regulations 1998, Regulation 5: Registration of establishments for the production of controlled bovine by-products


(1) No person shall use any premises for the production of any type of controlled bovine by-product unless those premises are registered by the Minister under this regulation for the production of that type of controlled bovine by-product.
(2) The Minister on an application made to him for the registration of an establishment under this regulation—
(a) shall register the establishment to which the application relates—
(i) for the production of controlled bovine by-products of the types referred to in paragraphs (a), (b) and (c) of the definition of controlled bovine by-products in regulation 2(1) above if, following an inspection of that establishment by a veterinary inspector, he is satisfied that the controlled bovine by-products of the type to be produced there will be produced in accordance with the appropriate conditions specified in Annex I to the Council Decision; or
(ii) for the production of controlled bovine by-products of the types referred to in paragraphs (d) and (e) of the definition of controlled bovine by-products in regulation 2(1) above if, following an inspection of that establishment by a veterinary inspector, he is satisfied that the controlled bovine by-products of those types to be produced there will be produced using tallow produced in establishments registered under this regulation,
and, in either such case, he is satisfied that no vertebral column derived from any bovine animal will be used there in the production of such by-products; or
(b) shall refuse so to register that establishment if he is not so satisfied.
(3) An application for registration of an establishment under this regulation shall be made in writing to the Minister by the operator of the establishment to which the application relates.
(4) The Minister shall notify the applicant in writing of his decision on the application; and, if he refuses to register an establishment, he shall notify the applicant in writing of his reasons for refusal.
(5) No person shall produce—
(a) any type of controlled bovine by-product otherwise than in accordance with the conditions in Annex I to the Council Decision which apply to the production of controlled bovine by-products of that type; and
(b) any controlled bovine by-product of a type referred to in paragraphs (a), (b) and (c) of the definition of controlled bovine by-products in Regulation 2(1) above except under the supervision of a veterinary inspector,
and no vertebral column derived from any bovine animal shall be used in any such production.
(6) The operator of an establishment at which any controlled bovine by-product is produced shall ensure that the establishment, and the suitability of the controlled by-product for use in human food, animal feed, cosmetics or medical or pharmaceutical products, is clearly indicated, either by means of a label affixed to the by-product, or on its packaging or in a document accompanying it.
(7) The operator of an establishment registered under this Regulation shall ensure that—
(a) any person employed by him, or any person invited to the establishment, complies with the provisions of these Regulations relating to the registration of the establishment;
(b) at each stage of the production of each type of controlled bovine by-product at the establishment, the provisions of these Regulations relating to the production of controlled bovine by-products of that type at the establishment are complied with there; and
(c) any inspector, and any person acting under the responsibility 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 establishment 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.
(8) The operator of an establishment registered under this Regulation shall give the Minister written notice of any material change he intends to make—
(a) of the suppliers of the materials used by him at that establishment in the manufacture of controlled bovine by-products; or
(b) of any facilities or processes used at that establishment in the manufacture of such by-products,
before making any such change.
(9) Where, in relation to any establishment registered under this Regulation the Minister is satisfied that—
(a) any requirement relating to the registration of the establishment has not been complied with;
(b) the operator of the establishment has failed to give notice to the Minister as required under paragraph (8) above; or
(c) the production of controlled bovine by-products at the establishment in respect of which it was registered is no longer being carried on there,
he may withdraw the registration relating to that establishment and, where he does so, he shall give notice to the operator in writing that the registration is withdrawn and of the reason for withdrawing it.

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Source: https://www.legislation.gov.uk/uksi/1998/1135/regulation/5 (the official version)
Page: https://openlegislation.uk/bovines-and-bovine-products-trade-regulations-1998/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.