Article 4 Prohibition on sale, supply and use of certain feedingstuffs for feeding to animals and poultryI1
Northern Ireland
Subject to paragraph (5) a person shall not—
sell or supply for feeding to ruminant animals any animal protein or any feedingstuffs in which he knows or has reason to suspect any animal protein has been incorporated;
feed to a ruminant animal any animal protein or any feedingstuffs in which he knows or has reason to suspect that any animal protein has been incorporated;
sell or supply for feeding to poultry or animals, other than ruminant animals, any specified bovine material or any feedingstuffs which he knows, or has reason to suspect, contains such material;
feed to poultry or animals, other than ruminant animals, any specified bovine material or any feedingstuffs which he knows, or has reason to suspect, contains such material;
use any specified bovine material in the preparation of feedingstuffs for poultry or animals;
sell or supply any specified bovine material for use in the preparation of feedingstuffs for poultry or animals;
sell or supply for incorporation into any feedingstuff for livestock, fish or equine animals any mammalian meat and bone meal;
sell or supply for feeding to livestock, fish or equine animals any feedingstuff in which he knows or has reason to suspect any mammalian meat and bone meal has been incorporated;
feed to any livestock, fish or equine animals any feedingstuff in which any mammalian meat and bone meal has been incorporated;
use any mammalian meat and bone meal in the production of any feedingstuff for livestock, fish or equine animals;
sell any veterinary product containing specified bovine material;
use any specified bovine material in the preparation of any veterinary product; or
sell any specified bovine material for use in the manufacture of any veterinary product.
A person shall not undertake any production using any mammalian meat and bone meal or any MBM product on premises where any feedingstuff for livestock, fish or equine animals is produced and a person shall not offer any mammalian meat and bone meal or any MBM product for sale there, unless (in either case)—
the ingredients of the feedingstuff are stored, and the feedingstuff is produced, in a separate building from that in which any mammalian meat and bone meal or any MBM product is stored, used or sold;
except as provided by sub-paragraph (d), the feedingstuff is stored in a separate building from that in which any mammalian meat and bone meal or any MBM product is stored, used or sold;
any equipment or vehicle used in the production of the feedingstuff does not come into contact with any mammalian meat and bone meal, any MBM product or any ingredient or equipment used with mammalian meat and bone meal or any MBM product; and
where mammalian meat and bone meal or any MBM product is sold, any of the feedingstuff stored in the same building as that meal or product is stored there solely for the purpose of being sold in that building and either—
the mammalian meat and bone meal or MBM product is stored in a place which is physically separated from any place where the feedingstuff is stored; or
both the feedingstuff on the one hand and the mammalian meat and bone meal or MBM product on the other are securely packaged with no spillage or leakage taking place.
Subject to paragraph (5), a person shall not have in his possession any mammalian meat and bone meal or any MBM product on any premises where—
any livestock, fish or equine animals are kept;
any feedingstuff for livestock, fish or equine animals is produced other than in accordance with paragraph (2); or
any feedingstuff for livestock, fish or equine animals is stored but not produced and no livestock are kept.
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.
Nothing in paragraphs (1) or (3) shall prevent—
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
the sale or supply of any feedingstuff to a research establishment for such purposes; or
the possession of a feedingstuff at such an establishment for such purposes.
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—
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
that he had taken all reasonable steps to ensure that it was not and did not contain mammalian meat and bone meal.
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—
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 feedingstuff containing such protein or material; and
that he had taken all reasonable steps to ensure that it was not, and did not contain, animal protein or specified bovine material.
In any proceedings for an offence under paragraph (3)(a) or (c), it shall be a defence for any person charged to prove—
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 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 either to a pet of a species which is not commonly used as livestock in the United Kingdom or to a working dog or for use as a fertiliser on a domestic garden or for house plants;
in the case of an offence under paragraph (3)(c)—
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
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.
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.
Where a person is found in possession of any mammalian meat and bone meal or any MBM product in contravention of paragraph (3) or (4), 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.
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.
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—
the date of consignment;
the weight consigned;
the destination of the consignment;
the name and address of the consignee;
the registration number of the vehicle in which the consignment is transported; and
the name and address of the operator of that vehicle.
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—
the date on which it was received;
its weight on receipt;
the place from which it was consigned;
the name and address of the person by whom it was consigned;
the registration number of the vehicle in which it was consigned; and
the name and address of the operator of that vehicle.
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—
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;
in the case of disposal, the weight so 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
in the case of further consignment, the information required by paragraph (12).
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—
the person and place from which that consignment was transported;
the date on which it was collected from that person;
its weight;
the registration number, and the name and address of the driver, of the vehicle in which it was transported;
the person and place to which it was to be or was delivered; and
the date or intended date of delivery to that person.
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 (12) in his possession at all times when he is in charge of that vehicle.
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.
A person shall not be required to keep any record relating to the consignment or transport of mammalian meat and bone meal in accordance with the provisions of paragraphs (12) to (17) where the consignment or transport follows the retail sale of the meal, and a person receiving a consignment for the purpose of selling it by retail shall not be required to keep any record other than required by paragraphs (13) or (14), provided that in either case—
the meal is contained in sealed packages each weighing not more than 26 kilogrammes;
the packages containing the meal are presented as containing a fertiliser solely for a use permitted under the Fertilisers (Mammalian Meat and Bone Meal) Regulations (Northern Ireland) 1996f1; and
(in the case of a consignment by retail sale) the consignment consists of not more than 104 kilogrammes of meal.
For the purposes of this Article “specified bovine material” includes—
anything derived from it; and
(notwithstanding the definition of specified bovine material in Article 2(1)), a whole carcase or any part of an animal from which specified bovine material has not been removed in accordance with regulation 8 or 9 of the SBMTD Regulations.
Annotations
Commencement
- I1
Art. 4 in operation at 1.5.1997, see art. 1