The Transmissible
Spongiform Encephalopathies (England) regulations 2008 come into force
DEPARTMENT FOR
ENVIRONMENT, FOOD AND RURAL AFFAIRS News Release (News Release ref
:261/08) issued by The Government News Network on 7 August 2008
The Transmissible
Spongiform Encephalopathies (England) Regulations 2008 come into
force today. These revoke and remake, with amendments, the
Transmissible Spongiform Encephalopathies (No 2) Regulations 2006,
which enforced Regulation (EC) No 999/2001 of the European
Parliament and the Council. These lay down the rules for the
prevention, control and eradication of certain transmissible
spongiform encephalopathies (TSEs), as amended.
The new Regulations include amendments that have been made in
response to changes in EU legislation and as a result of
experience gained in administering the 2006 Regulations since they
came into force.
The principal changes are as follows:
* A new sub-paragraph allowing the Secretary of State to amend a
Required Method of Operation (RMOP) to reflect technical or
scientific developments in relation to the processing of OTM cattle.
* Powers of entry are clarified.
* A new paragraph making it an offence to submit a brain stem
sample for testing if the bovine from which it was taken cannot be identified.
* Clarification of the action to be taken in the abattoir in the
event of a "no test" result.
* Provision of a right of appeal on any decision to cull a cohort
animal following an inspector's rejection of evidence
alleging that the animal did not have access to the same feed as
an animal affected with BSE.
* A new requirement for the owner of a BSE suspect or cohort
animal to pay for valuation fees, in line with practice elsewhere
in the domestic TSE legislation.
* A new paragraph enabling the Secretary of State to apply the
options available of monitoring or whole flock/herd cull where
atypical scrapie is confirmed. It sets out the provisions for
administration of the options and the conditions with which
occupiers need to comply.
* A new schedule addressing the Community obligations of Article
11 (Notifications) and Article 12 (Suspect Animals) of Regulation
(EC) No 999/2001 in relation to the suspicion of TSE in
non-bovine, non-ovine and non-caprine animals (specifically in
relation to deer).
* Extension of the current labelling and documentation
requirement for certain animal feed and ingredients.
* A technical amendment to incorporate into these Regulations
the provisions of the Bovine Products (Restriction on Placing on
the Market) (England) (No 2) Regulations 2005 as amended.
* The inclusion of legal powers to allow the Veterinary
Laboratories Agency (VLA) to charge private BSE testing
laboratories for approval and annual quality assurance, as
proposed in the separate Defra consultation on responsibility and
cost sharing. These powers would not be used unless there is a
final policy decision that VLA should do so.
Notes to editors
1. A consultation exercise on the Regulations was carried out
between 3 April and 26 June 2008. Ten responses were received. The
consultation package and a summary of the responses, including the
Government's conclusions following the consultation, is
available on the Defra website at http://www.defra.gov.uk/corporate/consult/tseregs-2008/index.htm.
2. The number of BSE cases in the UK has declined from over
37,000 in 1992 to 67 in 2007. Most cases have been in cattle born
before tough feed controls became effective on 1 August 1996.
Cattle born or reared in the UK before this date are prohibited
from entering food or feed chains and from export.
Public enquiries 08459 335577;
Press notices are available on our website http://www.defra.gov.uk
Defra's aim is sustainable development
End
Nobel House
17 Smith Square
London SW1P 3JR
Website
http://www.defra.gov.uk