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The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

S.S.I. 2010/177 · Made 5 May 2010 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Animals

Animal Health

Made 5th May 2010

Laid before the Scottish Parliament 6th May 2010

Coming into force 28th May 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M1 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references to the EU instruments referred to in Schedule 1 to be construed as references to those instruments as amended from time to time.

The Scottish Ministers have carried out consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety M2.

Annotations to the whole text

Marginal citations

M1

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3); the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”), section 27(1); and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act.

M2

O.J. No. L 31, 1.2.2002, p.1, last amended by Regulation (EC) No. 596/2009 (O.J. No. L 188, 18.7.2009, p.14).

Contents

  1. Part 1: General provisions
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Appointment of competent authority
  5. 4Exception for research
  6. Part 2: Introduction of Schedules
  7. 5The Schedules
  8. Part 3: Administration and enforcement
  9. 6Approvals, authorisations, licences and registrations
  10. 7Occupier's duty
  11. 8Suspension and amendment
  12. 9Revocation of approvals, authorisations, licences and registrations
  13. 10Appeals procedure
  14. 11Valuations
  15. 12Appointment of inspectors
  16. 13Powers of entry
  17. 14Powers of inspectors
  18. 15Notices
  19. 16Notices restricting movement
  20. 17Obstruction
  21. 18Penalties
  22. 19Offences by bodies corporate
  23. 20Enforcement
  24. 21Consequential amendments
  25. 22Saving provision
  26. 23Revocations
  27. Signature
  28. Schedule 1: Ambulatory References
  29. Paragraph
  30. Schedule 2: TSE monitoring
  31. Part 1: Monitoring for TSE
  32. 1Notification of the body of a goat for the purpose of monitoring under Article 6 of the EU TSE Regulation Repealed
  33. 2Delivery of the body of a bovine animal for the purpose of monitoring under Article 6 of the EU TSE Regulation
  34. 3Persons collecting and delivering
  35. 4Destruction without sampling
  36. 5Retention of bodies of bovine animals pending test results
  37. 6Island areas
  38. 7Consignment and slaughter of over-age bovine animals
  39. 8Brain stem sampling of bovine animals (slaughterhouses)
  40. 9Brain stem sampling of bovine animals (other places of slaughter)
  41. 10Approval of laboratories
  42. 11Approved sampling sites
  43. 12Slaughter of bovine animals Repealed
  44. 13Retention of products and disposal
  45. 14TSE sampling of sheep, goats and deer
  46. 15Compensation
  47. Part 2: Contents of the RMOP Repealed
  48. 16Animal identification and separation Repealed
  49. 17Brain stem sampling Repealed
  50. 18Correlation of sample to carcase and all other parts of the body Repealed
  51. 19Retention of carcases Repealed
  52. 20Retention of parts of the body Repealed
  53. 21Disposal before receipt of the result Repealed
  54. 22Other measures following sampling Repealed
  55. Schedule 3: Control and eradication of TSE in bovine animals
  56. 1Notification
  57. 2Restriction of a notified animal
  58. 3Killing of a suspect animal
  59. 4Identification and restriction of progeny and cohorts
  60. 5Action following confirmation of test result
  61. 6Death while under restriction
  62. 7Placing on the market of progeny
  63. 8When compensation is payable
  64. 9Amount of compensation payable
  65. 10Exceptions
  66. Schedule 4: Control and eradication of TSE in sheep and goats
  67. 1Notification
  68. 2Restriction of a notified animal
  69. 3Killing of a suspect animal
  70. 4Movement restrictions
  71. 5Action where TSE is not confirmed
  72. 6Action following confirmation of TSE in sheep
  73. 7Confirmation of TSE in goats
  74. 8Use of milk and milk products following confirmation of classical scrapie
  75. 9Inability to exclude BSE in sheep or goats
  76. 10Confirmation of atypical scrapie in sheep or goats
  77. 11Derogation
  78. 12Time for appeals
  79. 13Killing and destruction following confirmation
  80. 14Animals from another holding
  81. 15Common grazing
  82. 16Multiple flocks on a holding
  83. 17Subsequent occupiers
  84. 18Introduction of animals onto a holding
  85. 19Use of ovine germinal products
  86. 20Movement of animals from a holding
  87. 21Period of movement restrictions
  88. 22Death while under restriction
  89. 23Placing on the market of progeny of sheep or goats in which BSE is confirmed
  90. 24Compensation for a sheep or goat slaughtered as a suspect animal
  91. 25Compensation for animals killed or products destroyed following confirmation of TSE
  92. 26Valuations
  93. 27Compensation for milk and milk products compulsorily destroyed in accordance with paragraph 9
  94. Schedule 5: Control and eradication of TSE in animals that are not bovine, ovine or caprine
  95. 1Notification
  96. 2Restriction of a notified animal
  97. 3Slaughter of a suspect animal
  98. 4Compensation
  99. Schedule 6: Feedingstuffs
  100. 1Killing of animals that have had access to unlawful feedingstuffs
  101. 2Compensation
  102. 3Restriction and disposal of unlawful feedingstuffs
  103. Schedule 7: Specified risk material, mechanically separated meat and slaughtering techniques
  104. 1Appointment of Food Standards Scotland as the competent authority
  105. 2Training
  106. 3Mechanically separated meat
  107. 4Pithing
  108. 5Tongue harvesting
  109. 6Head meat harvesting
  110. 7Removal of specified risk material
  111. 8Bovine animals in a slaughterhouse
  112. 9Sheep and goats in a slaughterhouse
  113. 10Bovine animals, sheep and goats in other places of slaughter
  114. 11Young lamb and goat stamps
  115. 12Removal of spinal cord from sheep and goats
  116. 12AAuthorisation of alternative method of removal
  117. 13Authorisation of cutting plants by Food Standards Scotland
  118. 14Removal of specified risk material at a cutting plant authorised under paragraph 13(1)
  119. 15Meat from a Member State
  120. 16Staining and disposal of specified risk material
  121. 17Security of specified risk material
  122. 18Prohibition on the sale, supply or possession for sale or supply of specified risk material for human consumption
  123. 19Determination of the age of sheep or goats
  124. Schedule 8: Restrictions on placing on the market and export
  125. 1Placing on the market or export to countries outside the European Union of bovine products
  126. 2Placing on the market or export to countries outside the European Union of bovine animals
  127. 3Export to Member States of heads and un-split carcases
  128. 4Export to countries outside the European Union of products containing specified risk material
  129. 5Further offences relating to placing on the market and export
  130. Schedule 9: Consequential Amendments
  131. Part: The Animal By-Products (Identification) Regulations 1995
  132. 1Paragraph 1 Repealed
  133. 2Paragraph 2 Repealed
  134. Part: The Rendering (Fluid Treatment) (Scotland) Order 2001
  135. 3Paragraph 3
  136. 4Paragraph 4
  137. Part: The Meat Products (Scotland) Regulations 2004
  138. 5Paragraph 5
  139. 6Paragraph 6
  140. 7Paragraph 7
  141. Part: The Official Feed and Food Controls (Scotland) Regulations 2009
  142. 8Paragraph 8
  143. 9Paragraph 9
  144. Schedule 10Revocations
  145. Explanatory note