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Regulation 2 Interpretation

England and Wales

F1(1)

In these Regulations—

  • “bovine animal” includes bison and buffalo (including water buffalo);

  • “BSE” means bovine spongiform encephalopathy;

  • “cattle passport” has the same meaning as in the Cattle Identification Regulations 2007 M1;

  • “Commission Decision 2007/411/EC” means Commission Decision 2007/411/EC prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1st August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in the EU TSE Regulation M2;

  • “cutting plant” (except in paragraph 4(3)(b)(iii) of Schedule 7) has the meaning given to it in paragraph 1(17) of Annex 1 to Regulation (EC) No 853/2004 M3, and is an establishment that is approved or conditionally approved as such by the Food Standards Agency M4 under F2Article 148(3) of Regulation (EU) 2017/625, or operating as such under Article 4(5) of Regulation (EC) No 853/2004, pending such approval;

  • “EU TSE Regulation” means Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies M5, as read with—

    1. (a)

      Commission Decision 2007/411/EC;

    2. (b)

      Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk M6; and

    3. (c)

      Commission Decision 2009/719/EC authorising certain Member States to revise their annual BSE monitoring programme M7;

  • “holding” includes—

    1. (a)

      domestic premises if they are being used for any purpose in connection with these Regulations;

    2. (b)

      land and outbuildings;

    3. (c)

      a slaughterhouse;

    4. (d)

      a cutting plant;

    5. (e)

      a game-handling establishment;

    6. (f)

      a place that is, for the purposes of point 4(1)(a) of Annex 5, another place of slaughter;

  • “inspectors” and “veterinary inspectors” are appointed and authorised under regulation 13;

  • “local authority” means a county council, a district council, a London borough council, the Common Council of the City of London and the Council of the Isles of Scilly;

  • “offal” has the meaning given in point 1.11 of Annex 1 to Regulation (EC) No. 853/2004;

  • “Regulation (EC) No 853/2004” means the Regulation of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin, as read with—

    1. (a)

      Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption M8;

    2. (b)

      Commission Regulation (EC) No 1688/2005 implementing Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs M9; and

    3. (c)

      Commission Regulation (EC) No 2074/2005 laying down implementation measures for certain products under Regulation (EC) No 853/2004 M10;

  • “slaughterhouse” has the meaning given in paragraph 1(16) of Annex 1 to Regulation (EC) No 853/2004, and is an establishment that is approved or conditionally approved as such by the Food Standards Agency under F3Article 148(3) of Regulation (EU) 2017/625;

  • “specified risk material” means the tissues specified in Annex 5 of the EU TSE Regulation, and unless otherwise indicated, it does not include products containing or derived from those tissues;

  • “TSE” means transmissible spongiform encephalopathy;

  • “the TSE requirements” means those requirements set out in regulation 5 and Schedule 1;

  • “third country” means any country that is not a member of the EU;

  • “trained person” means a person who—

    1. (a)

      has received training to take samples from dead bovine animals, and

    2. (b)

      the site operator is satisfied is competent to carry out such sampling.

F4(2)

“Regulation (EU) 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;

(3)

References in this instrument to Articles or Annexes are to Articles and Annexes in the EU TSE Regulation unless otherwise stated.

(4)

Expressions that are not defined in these Regulations and occur in the EU TSE Regulation have the same meaning in these Regulations as they have for the purposes of the EU TSE Regulation.

Annotations

Textual amendments

F1

Reg. 2(1): para. renumbered as reg. 2(1) (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 32(2)(a)

F2

Words in reg. 2(1) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 32(2)(b)

F3

Words in reg. 2(1) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 32(2)(c)

F4

Reg. 2(2) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 32(2)(d)

Marginal citations

M1

S.I. 2007/529, amended by S.I. 2013/517; there are other amending instruments but none is relevant.

M2

OJ No L 155, 15.6.2007, p 74.

M3

OJ No L 139, 30.04.2004, p 55, as last amended by Commission Regulation (EU) No 633/2014 (OJ No L 175, 14.6.2014, p 6).

M4

Established by the Food Standards Act 1999 c. 28.

M5

OJ No L 147, 31.5.2001, p 1, as last amended by Commission Regulation (EU) No 2017/1972 (OJ No L 281, 31.10.20176, p 14).

M6

OJ No L 172, 30.6.2007, p 84 as last amended by Commission Implementing Decision 2017/1396/EU (OJ No L 197, 28.7.2017, p 9).

M7

OJ No L 256, 29.9.2009, p 35, as last amended by Commission Implementing Decision 2016/851/EU (OJ No L141, 28.5.2016, p 131).

M8

OJ No L 157, 30.4.2004, p 33. The revised text of Directive 2004/41/EC is set out in a Corrigendum (OJ No L 195, 2.6.2004, p 12).

M9

OJ No L 271, 15.10.2005, p 17, as last amended by Commission Implementing Regulation (EU) No 1223/2011 (OJ L. 314, 29.11.2011, p. 12).

M10

OJ No L 338, 22.12.2005, p 27, as last amended by Commission Regulation (EU) No 2016/759 (OJ No L 126, 14.5.2016, p 13).