The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (SSI 2019/118)

Jurisdiction:  Scotland

Commencement:   23rd May 2019

Amends:   The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

Mini Summary

These Regulations enforce Regulation (EC) No. 999/2001 which lays down rules for prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs) such as bovine spongiform encephalopathy (BSE) in cattle and scrapie in sheep and goats.

Amendment

Adjustments are made to correct out of date references to the 2010 Regulations. This is to ensure that definitions of certain EU Regulations are up to date:

• The definition of Regulation (EC) 853/2004 laying down specific hygiene rules on the hygiene of foodstuffs is updated to include references to Regulation (EU) 1223/2011 amending Regulation (EC) No 1688/2005 as regards sampling of flocks of origin of eggs and the microbiological examination of such samples and samples of certain meat intended for Finland and Sweden and Regulation (EU) 2017/1980 amending Annex III to Regulation (EC) 2074/2005 as regards paralytic shellfish poison (PSP) detection method. 
• Reference to Regulation (EC) 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) 853/2004, (EC) 854/2004 and (EC) 882/2004 of the European Parliament and of the Council and amending Regulations (EC) 853/2004 and (EC) 854/2004 is removed as this is no longer in force.
• The definition of Regulation (EC) 882/2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules is updated to include references to Regulation (EU) 2017/1980 amending Annex III to Regulation (EC) 2074/2005 as regards paralytic shellfish poison (PSP) detection method and Regulation (EU) 2019/35 amending Regulation (EC) 669/2009 implementing Regulation (EC) 882/2004 as regards the increased level of official controls on imports of certain feed and food of non-animal origin
• The definition of Regulation (EC) 1069/2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) 1774/2002 is updated to include reference to Regulation (EU) 2017/625 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

New requirements are inserted to these Regulations for an inspector to serve notices and detailing what the additional notice can require a premises to do to comply. These include serving a notice on the person in charge of a slaughterhouse or a vehicle.

The following Schedules are updated: 

• Schedule 2, Transmissible Spongiform Encephalopathies (TSE) monitoring, removes the requirement for notification of the body of a goat (paragraph 1) and the slaughter of bovine animals (animals of the cattle group, including cows) (paragraph 12). 
• Part 2 of Schedule 2, Contents of the RMOP, is removed as this is no longer relevant.
• Schedule 4, Control and eradication of TSE in sheep and goats, makes the following changes:
  • Current information on confirmation of atypical scrapie in sheep or goats is updated and replaced with newer requirements stating the Scottish Ministers must serve a notice informing the occupier if TSE in suspected in a sheep or goat.
  • Common grazing removes references to Regulation (EC) 999/2001 rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies and replaces information stating Scottish Ministers may limit movement restrictions and killing to an individual flock or herd.
  • Multiple flocks on a holding is updated to allow Scottish Ministers to limit movement restrictions and killing to a flock or herd.

• Schedule 6, Feedingstuffs, is replaced with a revised version. This details requirements for feedingstuffs, including the killing of animals that have had access to unlawful feedingstuffs, compensation, and restriction and disposal of unlawful feedingstuffs.

• Schedule 7, Specified risk material, mechanically separated meat and slaughtering techniques, is updated to make the following changes:
  • The requirement to keep training records for as long as a person works there is removed.
  • A visible stripe is required for identifying carcases of bovine animals in a slaughterhouse.
  • Newly created Paragraph 12A, Authorisation of alternative method of removal, is inserted, stating Food Standards Scotland may authorise an alternative method of removal at a premise, provided that the occupier of the premises demonstrates satisfactory objective methods, use of equipment, and the use of trained people.
  • The requirements that Food Standards Scotland may authorise a cutting plant to perform removal of specified risk material* (SRM) are updated – SRM being parts of cattle, sheep and goats that are likely to pose a risk of infectivity if the animal was infected with a transmissible spongiform encephalopathy disease.
  • New requirements are introduced to detail the new requirements for staining SRM in order to make it clearly visible after it has been chilled or frozen.
  • Newly created Paragraph 19, Determination of the age of sheep or goats, is inserted to give a definition of age over twelve months, meaning that the Scottish Ministers have used techniques to identify the animal is older than twelve months.

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