Article 4 Prohibition on sale, supply and use of certain feedingstuffs for feeding to animals and poultry

A person shall not transport any mammalian meat and bone meal or any MBM product in any vehicle in which any feedingstuff for livestock, fish or equine animals is being transported.

(5)

Nothing in paragraphs (1) or (3) shall prevent—

(a)

the feeding to any poultry or animal of any feedingstuff for research purposes carried out in a research establishment under the authority of a licence issued by the Department and in accordance with any conditions subject to which the licence is issued; or

(b)

the sale or supply of any feedingstuff to a research establishment for such purposes; or

(c)

the possession of a feedingstuff at such an establishment for such purposes.

(6)

In any proceedings for an offence under paragraphs (1) to (4) which relates to the sale, supply, feeding or use of mammalian meat and bone meal or anything containing it, it shall be a defence for any person charged to prove—

(a)

that he did not know or have reason to suspect that the material in question was mammalian meat and bone meal or contained mammalian meat and bone meal; and

(b)

that he had taken all reasonable steps to ensure that it was not and did not contain mammalian meat and bone meal;

(7)

In any proceedings for an offence under paragraphs (1) to (4) which relates to the sale, supply, feeding or use of animal protein or specified bovine material or any feedingstuff containing it, it shall be a defence for any person charged to prove—

(a)

that he did not know or have reason to suspect that the material in question was animal protein or specified bovine material, as the case may be, or any feedingstuffs containing such protein or material; and

(b)

that he had taken all reasonable steps to ensure that it was not and did not contain animal protein or specified bovine material.

(8)

In any proceedings for an offence under paragraph (3)(a) or (c), it shall be a defence for any person charged to prove—

(a)

in the case of an offence under paragraph (3)(a), that the mammalian meat and bone meal or MBM product was in his possession solely for feeding to a pet of a species which is not commonly used as livestock, fish or equine animals in the United Kingdom or for use as a fertiliser on a domestic garden or for house plants;

(b)

in the case of an offence under paragraph (3)(c)—

(i)

that both the mammalian meat and bone meal or the MBM product, as the case may be, on the one hand, and the feedingstuff for livestock, fish or equine animals on the other were offered for sale on those premises; or

(ii)

that adequate precautions were taken to ensure that no equipment used with the mammalian meat and bone meal or the MBM product, as the case may be, was used with the feedingstuff for livestock, fish or equine animals;

(c)

that the mammalian meat and bone meal or MBM product, as the case may be, was stored and used in a place which was physically separated from any place where feedingstuff for livestock, fish or equine animals was stored or to which such animals had access.

In any proceedings for an offence under paragraph (3)(a) or (c) or (4) it shall be a defence for any person charged to prove that at all material times, both the mammalian meat and bone meal or MBM product, as the case may be, on the one hand and the feedingstuff for livestock, fish or equine animals on the other were securely packaged and that no spillage or leakage took place.

(10)

Where a person is found in possession of any mammalian meat and bone meal or any MBM product, the Department may without prejudice to any proceedings for an offence arising out of such possession, direct the person (whether or not he has a defence by virtue of paragraph (6)) to dispose of that material and any other material with which it has come into contact within such time and in accordance with such conditions as the Department may direct.

(11)

Where a person is found to have sold or supplied any MBM product in contravention of paragraph (1), the Department may direct that person (whether or not he has a defence by virtue of paragraph (6)) to collect at his own expense that product from the person to whom he supplied or sold it, or from such other person to whom it may have subsequently been supplied or sold and to transport it to such place and within such time as the Department may direct.

(12)

Any person who consigns mammalian meat and bone meal shall keep for two years from the date of consignment (or, in the case of material produced outside the United Kingdom, for two years from the date on which it was imported) a record indicating—

(a)

the date of consignment;

(b)

the weight 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.

(13)

Any person receiving a consignment of mammalian meat and bone meal shall keep for two years from the date of receipt of the consignment a record indicating—

(a)

the date on which it was received;

(b)

its weight on receipt;

(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.

(14)

Any person receiving a consignment of mammalian meat and bone meal 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, 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 so disposed of, the date of such disposal, 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 (12).

(15)

Any person who controls a vehicle in which mammalian meat and bone meal is transported shall keep, for two years from the date on which transport of a particular consignment of such material commenced (or in the case of an import, from the date on which that material entered the United Kingdom), a record of—

(a)

the person and place from which that consignment was transported;

(b)

the date on which it was collected from that person;

(c)

its weight;

(d)

the registration number, and the name and address of the driver, of the vehicle in which it was transported; and

(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.

(16)

The driver of a vehicle in which a consignment of mammalian meat and bone meal is transported shall have a document recording the information required by paragraph (15) in his possession at all times when he is in charge of that vehicle.

(17)

In relation to a vehicle not having a registration number, the requirement to keep a record of the registration number pursuant to paragraph (12)(e), (13)(e) and (15)(d) shall be a requirement to keep such details as permit the identification of the vehicle in which the consignment was transported.

(18)

For the purposes of this Article “specified bovine material” includes anything derived from it other than fatty acids which have been extracted from tallow subjected to thermal hydrolysis at hyperbaric pressure.