European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) (Amendment) Regulations 2009
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) (Amendment) Regulations 2009.
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paragraphs: The European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008 are amended by the substitution, for the definition of “Animal By-products Regulation” in Regulation 2(1), of—
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paragraphs: The European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008 are amended by the substitution, for the definition of “TSE Regulation” in Regulation 2(1), of—
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paragraphs: The European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008 are amended, in Regulation 9 by—
(a) the substitution, in paragraph (1)(a) for “by a registered veterinary practitioner (within the meaning of the Veterinary Practice Act 2005 (no. 22 of 2005))” of “in accordance with the instructions (either generally or of specific application) of an authorised officer”, and
(b) the deletion in paragraph (1)(c) of “in the opinion of an authorised officer,”.
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paragraphs: The European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008 are amended by the insertion, after Regulation 10(15) of—
“(16) Notwithstanding the generality of this Regulation and Regulation 15, a person may collect, transport, treat, use or dispose of former foodstuffs referred to in Article 1 of Commission Regulation (EC) No. 197/2006 of 3 February 2006 in accordance with an authorisation granted for the purposes of Articles 2 or 3 of that Regulation.”.
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paragraphs: The European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008 are amended by the insertion, after Regulation 10, of—
“10A (1) A person shall not, in a butcher’s shop, sell or supply beef or a beef product containing specified risk material.
(2) A person shall not, in a butcher’s shop-
(a) remove the vertebral column from a bovine carcase or part of a bovine carcase, or
(b) have beef or a beef product containing specified risk material on the premises,
other than in accordance with an authorisation granted by the Health Service Executive or a local authority for the purposes of point 4.3 of Annex V to the TSE Regulation.
(3) An application for an authorisation under the Regulations revoked by Regulation 12 of the European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) (Amendment) Regulations 2009 may be considered and determined as if it is an application for an authorisation under this Regulation.
(4) An authorisation granted under the Regulations revoked by Regulation 12 of the European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) (Amendment) Regulations 2009 remains in force and may be dealt with as if it is an authorisation under this Regulation.
(5) In this Regulation “butcher’s shop” means a premises or part of a premises from which beef or a beef product is sold or supplied to consumers and includes a premises ancillary to the first mentioned premises, but does not include an establishment to which Regulation 4 of the European Communities (Food and Feed Hygiene) Regulations 2005 ( S.I. No. 910 of 2005 ) applies.”.
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paragraphs: The European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008 are amended by the insertion, after Regulation 16(15), of—
“(16) The Health Service Executive or a local authority (in the case of a butcher’s shop situated in its functional area which is also engaged in wholesale meat trade) may grant an authorisation for the purposes of Regulation 10A, attach conditions to an authorisation, revoke or vary a condition, insert a new condition, suspend, withdraw an authorisation or refuse an application for an authorisation.
(17) The Health Service Executive or a local authority shall maintain a register of the butchers’ shops it has authorised and make it available to the Food Safety Authority of Ireland on request.
(18) A person may appeal a decision of the Health Service Executive or a local authority to refuse an application or withdraw an authorisation in writing to the Food Safety Authority of Ireland within 30 days of the refusal or withdrawal.
(19) Where an appeal under paragraph (18) is made, the Food Safety Authority of Ireland may confirm, vary or cancel the decision of the Health Service Executive or a local authority.”
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paragraphs: The European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008 are amended by the substitution, in Regulation 18 for the passage “All records pertaining to animal by-products” with “All records pertaining to animal by-products or any material covered by these Regulations”.
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paragraphs: The European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008 are amended by the substitution, in Regulation 24(1)(b) for the passage commencing with “(b) there is a danger to public or animal health,” and finishing with “TSE Regulation relates or other thing to which the notice relates —”, of—
“(b) there is a danger to public or animal health,
he or she may, by a notice in writing (“compliance notice”) stating that opinion and served on the person who appears to be the owner, operator or person in charge of the premises, animal by-product, feedingstuff, fertilizer or other thing to which either the Animal By-products Regulation or the TSE Regulation relates or other thing to which the notice relates —”.
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paragraphs: The European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008 are amended by the insertion, in Regulation 30(1)(n) after “10,” of “10A,”.
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paragraphs: The European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008 are amended by the insertion, after Regulation 34(5) of
“(6) In a prosecution in which a contravention of Articles 6(2) or 7 of the Animal By-products Regulation is alleged, it is a defence for the defendant to prove that the collection, transport, treatment or use to which the alleged offence relates was in relation to a former foodstuff (within the meaning of Article 6(1)(f) of the Animal By-product Regulation) other than a former foodstuff that consists of or contains raw material of animal origin and was done in compliance with an authorisation granted for the purposes of Articles 2 or 3 of Commission Regulation (EC) No. 197/2006 of 3 February 2006.”
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paragraphs: The European Communities (Removal of Bovine Vertebral Column) Regulations 2004 ( S.I. No. 528 of 2004 ) are revoked.