Department for Environment, Food and Rural Affairs

The Secretary of State for Environment, Food and Rural Affairs, being designated (a) for the purpose of section 2(2) of the European Communities Act 1972 (b) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on her by that section, makes the following Regulations: S.I. 2860 These Regulations may be cited as the TSE (England) (Amendment) (No 2) Regulations 2002, shall extend to England and came into force on 11 December 2002. These Regulations amend the TSE (England) Regulations 2002, (S.I. 2002/843, as amended by S.I. 2002/1253—“the Principal Regulations”). Part III of the Principal Regulations makes provision in relation to animal feeding, continuing the implementation of Council Decision 2000/766/EC (OJ No L306, 7.12.2000, p.32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Commission Decision 2001/9/EC (OJ No L2, 5.1.2001, p.32) concerning control measures required for the implementation of Council Decision 2000/766/EC. The effect of the amendments in regulation 2 is to provide for further measures where any TSE susceptible animal has been fed mammalian meat and bone meal or mammalian protein in breach of the Principal Regulations or has had access to mammalian meat and bone meal or mammalian protein which is prohibited to be fed to it under those Regulations: An inspector shall by notice restrict or prohibit movement of the animal (Regulation 29A); An inspector may serve a notice of intended slaughter of the animal requiring such slaughter (Regulation 29B); Where such an animal is slaughtered the Secretary of State may pay compensation to the owner (Regulation 29C); An inspector may also direct the retention or seize or dispose of any carcase or part of a carcase or blood derived from any carcase or part (Regulation 29D) and may pay compensation (Regulation 29E); It is an offence to slaughter, sell, supply for sale or allow to be sold for human consumption any TSE susceptible animal or the meat of such animal which he knows or has reason to suspect has been fed mammalian meat and bone meal or mammalian protein in breach of the Principal Regulations or has had access to mammalian meat and bone meal or mammalian protein which is prohibited to be fed to it under these Regulations (Regulation 29F). Regulation 2(2)(a) corrects an error in the Principal Regulations. A Regulatory Impact Assessment has not been prepared for these Regulations. A copy of this Order can be obtained from any branch of Her Majesty’s Stationery Office.