ANIMALS Citation and commencement 1 This Order may be cited as the Specified Bovine Material (No. 2) Order (Northern Ireland) 1996 and shall come into operation on 1st August 1996. Interpretation 2 1 In this Order— “animal protein” means any protein material which is derived from the carcase of any kind of mammal except man but does not include: milk or any milk product; dicalcium bone phosphate; dried plasma or any other blood product; gelatin; or amino acids produced from hides and skins by a process which involves exposure of the material to acid of pH lower than 2 followed by alkali of pH greater than 11 and heat treatment at a minimum 140°C for 30 minutes at the pressure of 3 bar; “approved disinfectant” means a disinfectant for the time being approved by the Department under the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972 ; “collection centre” means any premises licensed by the Department under Article 5(1) for the purpose of storing and handling specified bovine material; “feedingstuff” shall mean feedingstuff as defined in section 66(1) of the Agriculture Act 1970 ; “fertilizer” shall have the meaning assigned to it by the Agriculture Act 1970; “intestines” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum; “livestock” means any creature kept for the production of food, wool, skin or fur or (excluding a dog) for use in the farming of land; “mammalian meat and bone meal” means mammalian protein derived from the whole or part of any dead mammal by rendering; “MBM product” means any product containing mammalian meat and bone meal; “rendering plant” means any premises licensed by the Department under Article 6(1) for the purposes of receiving and processing specified bovine material, other than manufacturing premises not connected with food and feedingstuffs; “premises” means all contiguous land and buildings occupied by a person, together with other land or buildings occupied by that person which use equipment in common with the contiguous land; “production” includes the manufacture, mixing or packaging of any product, together with ancillary storage and transport operations; “scheme animal” means a bovine animal which has been slaughtered pursuant to the purchase, slaughter and disposal scheme introduced under Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom; “securely packaged” in relation to any material means that the material is contained in a sealed bag or other container from which no part of it can escape, and which is made of such a material and in such a manner that any damage which may foreseeably be sustained in normal handling and storage operations would not permit the escape of any material from that bag or container; “sell” includes have in possession for sale or offer or expose for sale; “specified bovine material” means— subject to paragraph ( d ) of this definition, the head (including the brain but excluding the tongue), spinal cord, spleen, thymus, tonsils and intestines of a bovine animal six months old or over which has died in the United Kingdom or has been slaughtered there; the thymus and intestines of a bovine animal two months old or over but less than six months old which has died in the United Kingdom or has been slaughtered there; the thymus and intestines of a bovine animal under two months old which has been slaughtered in the United Kingdom for human consumption; subject to paragraph (3), the head (including the brain and the tongue), spinal cord, spleen, thymus, tonsils and intestines of a scheme animal; and specified solid waste, and includes anything left attached to such material after dissection of the carcase and any animal matter which comes into contact with the material after it has been removed from the carcase, but does not include a whole carcase; “specified solid waste” means any solid matter resulting from the slaughter of bovine animals or from their subsequent processing which is collected in any part of the drainage system draining any place where specified bovine material is handled, including a slaughterhouse, hunt kennel, knackers yard, rendering plant, collection centre or incinerator; “storage unit” means all contiguous land occupied by a person whose business includes the storage of feedingstuffs (including storage as an ancillary activity to retail sale), and all other land and buildings occupied by that person which use any equipment in common with the contiguous land except such land or buildings forming part of or constituting a production unit; “tallow” means fat derived from animal tissues by a process of cooking; “the 1981 Order” means the Diseases of Animals (Northern Ireland) Order 1981; “the SBMTD Regulations” means the Specified Bovine Material (Treatment and Disposal) (No. 2) Regulations (Northern Ireland) 1996 . 2 For the purposes of this Order the supply of feedingstuffs otherwise than by sale at, in or from any place where feedingstuffs are supplied in the course of a business, shall be deemed to be a sale. 3 The provisions of Articles 8, 9(1)( e ) and 12 shall not apply to specified bovine material from scheme animals. 4 For the purposes of this Order, material shall be treated as a feedingstuff whether it is used or intended for use as a feedingstuff by itself or as an ingredient or additive in something which is so used or intended for such use. Extension of definition of animals and poultry 3 For the purposes of the 1981 Order in its application to this Order:— a the list of animals in Part I of the Schedule to the 1981 Order is hereby extended so as to comprise— i any kind of mammal except man; ii any kind of four-footed beast which is not a mammal; iii fish and crustaceans; and b the list of poultry in Part II of Schedule 1 to the 1981 Order is hereby extended so as to comprise birds of any species. Prohibition on sale, supply and use of certain feedingstuffs for feeding to animals and poultry 4 1 Subject to paragraph (5) a person shall not— a sell or supply for feeding to ruminant animals any animal protein or any feedingstuffs in which he knows or has reason to suspect any animal protein has been incorporated; b feed to a ruminant animal any animal protein or any feedingstuffs in which he knows or has reason to suspect that any animal protein has been incorporated; c sell or supply for feeding to poultry or animals, other than ruminant animals, any specified bovine material or any feedingstuffs which he knows, or has reason to suspect, contains such material; d feed to poultry or animals, other than ruminant animals, any specified bovine material or any feedingstuffs which he knows, or has reason to suspect, contains such material; e use any specified bovine material in the preparation of feedingstuffs for poultry or animals; f sell any specified bovine material for use in the preparation of feedingstuffs for poultry or animals; g sell or supply for incorporation into any feedingstuff for livestock, fish or equine animals any mammalian meat and bone meal; h sell or supply for feeding to livestock, fish or equine animals any feedingstuff in which he knows or has reason to suspect any mammalian meat and bone meal has been incorporated; i feed to any livestock, fish or equine animals any feedingstuff in which any mammalian meat and bone meal has been incorporated; or j use any mammalian meat and bone meal in the production of any feedingstuff for livestock, fish or equine animals. 2 A person shall not undertake any production using any mammalian meat and bone meal or any MBM product on premises where any feedingstuff for livestock, fish or equine animals is produced unless— a the feedingstuff for livestock, fish or equine animals is produced in a separate building from that in which the mammalian meat and bone meal or MBM product is used; and b no equipment or vehicle used in the production of the feedingstuff for livestock, fish or equine animals comes into contact with any mammalian meat and bone meal, any MBM product, or any ingredient or equipment used in connection with mammalian meat and bone meal or an MBM product. 3 A person shall not have in his possession any mammalian meat and bone meal or any MBM product on any premises where— a any livestock, fish or equine animals are kept; b any feedingstuff for livestock, fish or equine animals is produced; or c any feedingstuff for livestock, fish or equine animals is stored but not produced. 4 A person shall not transport any mammalian meat and bone meal or any MBM product in any vehicle in which any feedingstuff for livestock, fish or equine animals is being transported. 5 Nothing in paragraphs (1) or (3) shall prevent— a the feeding to any poultry or animal of any feedingstuff for research purposes carried out in a research establishment under the authority of a licence issued by the Department and in accordance with any conditions subject to which the licence is issued; or b the sale or supply of any feedingstuff to a research establishment for such purposes; or c the possession of a feedingstuff at such an establishment for such purposes. 6 In any proceedings for an offence under paragraphs (1) to (4) which relates to the sale, supply, feeding or use of mammalian meat and bone meal or anything containing it, it shall be a defence for any person charged to prove— a that he did not know or have reason to suspect that the material in question was mammalian meat and bone meal or contained mammalian meat and bone meal; and b that he had taken all reasonable steps to ensure that it was not and did not contain mammalian meat and bone meal; 7 In any proceedings for an offence under paragraphs (1) to (4) which relates to the sale, supply, feeding or use of animal protein or specified bovine material or any feedingstuff containing it, it shall be a defence for any person charged to prove— a that he did not know or have reason to suspect that the material in question was animal protein or specified bovine material, as the case may be, or any feedingstuffs containing such protein or material; and b that he had taken all reasonable steps to ensure that it was not and did not contain animal protein or specified bovine material. 8 In any proceedings for an offence under paragraph (3)( a ) or ( c ), it shall be a defence for any person charged to prove— a in the case of an offence under paragraph (3)( a ), that the mammalian meat and bone meal or MBM product was in his possession solely for feeding to a pet of a species which is not commonly used as livestock, fish or equine animals in the United Kingdom or for use as a fertiliser on a domestic garden or for house plants; b in the case of an offence under paragraph (3)( c )— i that both the mammalian meat and bone meal or the MBM product, as the case may be, on the one hand, and the feedingstuff for livestock, fish or equine animals on the other were offered for sale on those premises; or ii that adequate precautions were taken to ensure that no equipment used with the mammalian meat and bone meal or the MBM product, as the case may be, was used with the feedingstuff for livestock, fish or equine animals; c that the mammalian meat and bone meal or MBM product, as the case may be, was stored and used in a place which was physically separated from any place where feedingstuff for livestock, fish or equine animals was stored or to which such animals had access. In any proceedings for an offence under paragraph (3)( a ) or ( c ) or (4) it shall be a defence for any person charged to prove that at all material times, both the mammalian meat and bone meal or MBM product, as the case may be, on the one hand and the feedingstuff for livestock, fish or equine animals on the other were securely packaged and that no spillage or leakage took place. 10 Where a person is found in possession of any mammalian meat and bone meal or any MBM product, the Department may without prejudice to any proceedings for an offence arising out of such possession, direct the person (whether or not he has a defence by virtue of paragraph (6)) to dispose of that material and any other material with which it has come into contact within such time and in accordance with such conditions as the Department may direct. 11 Where a person is found to have sold or supplied any MBM product in contravention of paragraph (1), the Department may direct that person (whether or not he has a defence by virtue of paragraph (6)) to collect at his own expense that product from the person to whom he supplied or sold it, or from such other person to whom it may have subsequently been supplied or sold and to transport it to such place and within such time as the Department may direct. 12 Any person who consigns mammalian meat and bone meal shall keep for two years from the date of consignment (or, in the case of material produced outside the United Kingdom, for two years from the date on which it was imported) a record indicating— a the date of consignment; b the weight consigned; c the destination of the consignment; d the name and address of the consignee; e the registration number of the vehicle in which the consignment is transported; and f the name and address of the operator of that vehicle. 13 Any person receiving a consignment of mammalian meat and bone meal shall keep for two years from the date of receipt of the consignment a record indicating— a the date on which it was received; b its weight on receipt; c the place from which it was consigned; d the name and address of the person by whom it was consigned; e the registration number of the vehicle in which it was consigned; and f the name and address of the operator of that vehicle. 14 Any person receiving a consignment of mammalian meat and bone meal shall keep for two years from the date of any use, disposal or further consignment a record indicating— a in the case of any use, details of each use, the weight of any part of the consignment incorporated into a product and the nature and date of manufacture of any such product; b in the case of disposal, the weight so disposed of, the date of such disposal, the place in which, method by which and name of the person by whom it was disposed of; and c in the case of further consignment, the information required by paragraph (12). 15 Any person who controls a vehicle in which mammalian meat and bone meal is transported shall keep, for two years from the date on which transport of a particular consignment of such material commenced (or in the case of an import, from the date on which that material entered the United Kingdom), a record of— a the person and place from which that consignment was transported; b the date on which it was collected from that person; c its weight; d the registration number, and the name and address of the driver, of the vehicle in which it was transported; and e the person and place to which it was to be or was delivered; and f the date or intended date of delivery to that person. 16 The driver of a vehicle in which a consignment of mammalian meat and bone meal is transported shall have a document recording the information required by paragraph (15) in his possession at all times when he is in charge of that vehicle. 17 In relation to a vehicle not having a registration number, the requirement to keep a record of the registration number pursuant to paragraph (12)( e ), (13)( e ) and (15)( d ) shall be a requirement to keep such details as permit the identification of the vehicle in which the consignment was transported. 18 For the purposes of this Article “specified bovine material” includes anything derived from it other than fatty acids which have been extracted from tallow subjected to thermal hydrolysis at hyperbaric pressure. Collection centres 5 1 Upon the Department being satisfied that any premises are properly equipped and have sufficient facilities for storing and handling specified bovine material in a manner which keeps it separate from other animal material it may, on application, licence those premises as a collection centre for the purposes of storing and handling specified bovine material. 2 A person shall not operate premises for the storage or handling of specified bovine material or take delivery of specified bovine material at such premises, unless they have been licensed as a collection centre by the Department in accordance with paragraph (1). 3 A person delivering specified bovine material to a collection centre shall state in writing to the operator of the collection centre concerned the place from which that specified bovine material was collected for delivery to that collection centre. 4 The operator of a collection centre shall record, on the arrival of specified bovine material at the premises— a the weight of the specified bovine material delivered; b the date of delivery; and c the place from which it was consigned, and shall keep such records for 2 years from the date of arrival. 5 The operator of a collection centre shall ensure that all specified bovine material in the collection centre is kept separate from all other animal material. 6 A person shall not remove specified bovine material from a collection centre except to a rendering plant or to an incinerator which has been approved by the Department in accordance with regulation 12 of the SBMTD Regulations and shall keep a record for 2 years from the date of consignment of the weight of any specified bovine material consigned, the date of such consignment and the place of destination. Rendering plants 6 1 Upon the Department being satisfied that any premises have the facilities specified in Part I of the Schedule sufficient to enable the specified bovine material to be separated into protein and tallow by one of the processes specified in Part II of that Schedule it may, on application, licence those premises and facilities for the purposes of receiving and processing specified bovine material. 2 A person shall not operate a rendering plant for specified bovine material or take delivery of specified bovine material at a rendering plant, unless it has been licenced by the Department in accordance with paragraph (1). 3 A person delivering specified bovine material to a rendering plant shall state in writing to the operator of the rendering plant concerned the place that bovine material was collected for delivery to that rendering plant. 4 The operator of a rendering plant shall record, on the arrival of specified bovine material at the premises— a the weight of the specified bovine material delivered; b the date of delivery; and c the place from which it was consigned, and shall keep such records for 2 years from the date of arrival. 5 The operator of a rendering plant shall ensure that all specified bovine material in the rendering plant is kept and stored separately from all other material, handled separately from other materials and rendered separately from other materials. 6 The operator of a rendering plant shall ensure that specified bovine material is processed without undue delay and in any event within 7 days of delivery using one of the methods described in Part II of the Schedule. 7 The operator of the rendering plant shall ensure that any equipment used for processing specified bovine material is used only for that purpose. 8 The operator of the rendering plant shall keep a record for 2 years of the weight of protein consigned and a separate record of the weight of tallow consigned and, in each case, the date of such consignment and the place of destination. 9 The operator of the rendering plant shall ensure that all containers, receptacles and vehicles which have been used for the transport of specified bovine material are cleansed and disinfected with an approved disinfectant before they leave the premises. 10 A person shall not move from the unclean section of the rendering plant (as specified by the occupier in accordance with paragraph 5 of Part I of the Schedule) into the clean section without first changing his working clothes and footwear or cleansing and disinfecting the latter with an approved disinfectant. 11 A person shall not take equipment and utensils from the unclean section into the clean section of the rendering plant unless the equipment and utensils are first washed and disinfected. Rendering whole carcases 7 A person rendering a whole bovine carcase shall do so in accordance with the provisions of Article 6 in the same way as if the carcase were specified bovine material. Manufacturing premises not connected with food and feedingstuffs 8 1 Upon the Department being satisfied that— a any premises are suitable to process specified bovine material for use in a manufacturing process; and b that such manufacture is not in any way connected with food or feedingstuffs and does not pose a risk to human or animal health, it may licence those premises for the purposes of processing specified bovine material for use in a manufacturing process. 2 Any person delivering specified bovine material to premises licensed by the Department in accordance with paragraph (1) shall state in writing to the operator of the premises concerned the place from which the specified bovine material was collected for delivery to those premises. 3 The operator of such premises shall record, on the arrival of specified bovine material at the premises— a the weight of the specified bovine material delivered; b the date of delivery; and c the place from which it was consigned, and shall keep such records for 2 years from the date of arrival. Consignment of specified bovine material 9 1 Once specified bovine material has been removed from a carcase and treated in accordance with the requirements of the SBMTD Regulations, or, in the case of specified solid waste recovered from the drainage system, the person responsible for its removal or recovery shall, without undue delay, send it directly to— a a collection centre; b a rendering plant; c veterinary or laboratory premises specified in regulation 9(1)( a ) of the SBMTD Regulations; d an incinerator which has been approved by the Department in accordance with regulation 12(2) of the SBMTD Regulations; or e any other premises licensed by the Department which are not connected with the manufacture or preparation of food or feedingstuffs. 2 A person consigning specified bovine material from the place where it was removed from the carcase or recovered from a drainage system shall keep a record for 2 years from the date of consignment of the weight consigned, the date on which it was consigned and the destination of the specified bovine material. Transport 10 1 The person in control of a vehicle transporting specified bovine material shall ensure that it is conveyed either in an impervious container which contains nothing but specified bovine material or in a part of the vehicle which is impervious and contains nothing but specified bovine material and which in either case is kept covered at all times except when necessary for loading or unloading or examination by an inspector. 2 A person transporting specified bovine material shall ensure that the part of the vehicle in which specified bovine material has been conveyed is thoroughly cleansed and disinfected with an approved disinfectant before any other food, feedingstuffs or animal material is subsequently placed in that part of the vehicle. 3 In this Article the expression “vehicle” includes, in any case where specified bovine material is conveyed in a bulk container, that container. Importation of specified bovine material 11 1 A person shall not bring any specified bovine material into Northern Ireland from Great Britain, the Isle of Man or the Channel Islands unless it has been stained in the manner described in the SBMTD Regulations. 2 A person importing specified bovine material from Great Britain, the Isle of Man or the Channel Islands shall immediately transport it to one of the destinations specified in Article 9(1). 3 The requirements of paragraph (1) shall not apply to specified bovine material which has been brought into Northern Ireland for use in veterinary or laboratory premises as specified in Article 9(1)( c ). Export 12 1 A person shall not export specified bovine material or protein or tallow derived from it from Northern Ireland to Great Britain, the Isle of Man, any of the Channel Islands or to another member State except in accordance with the conditions of a licence granted by the Department. 2 Any person wishing to obtain a licence under paragraph (1) shall apply to the Department in such form and manner and within such time as the Department may require. Samples 13 Where an inspector has reasonable grounds for suspecting that any person has contravened, is contravening or is likely to contravene any of the provisions of this Order he may take such samples from any carcase or part of a carcase, or such samples of any tallow, protein, material, food or feedingstuff as he considers necessary to establish the correctness of that suspicion. Licences 14 A licence granted under this Order— a shall be in writing; b may be granted subject to conditions; and c may be modified, suspended or revoked by notice in writing given to the holder thereof at any time. Production of licences 15 Where specified bovine material or protein or tallow derived from it is being exported in accordance with a licence granted under Article 12(1), the person in charge of the specified bovine material , protein or tallow being exported shall carry the licence during the export and shall, on demand made by an inspector or by a constable— a produce the licence and allow a copy or extract to be taken; and b furnish his name and address. Records 16 1 A record required by this Order to be kept shall be made in permanent and legible form. 2 A person required by this Order to keep a record shall on demand made at any reasonable time by a veterinary officer or other authorised officer of the Department produce to him that record and such inspector or officer shall be entitled to inspect that record and to copy or take extracts therefrom. Power to give directions 17 1 Where the Department is satisfied that specified bovine material cannot be disposed of in accordance with the provisions of this Order, whether for reasons of mechanical breakdown or otherwise, it may give written directions to the owner or person in control of the specified bovine material for its disposal is a safe manner. 2 A person shall comply with any directions given to him under paragraph (1) or Article 4(10) or (11). 3 In the event of any person not complying with such directions, the Department may, without prejudice to any proceedings for an offence arising out of such default, carry out or make arrangements for the disposal of the specified bovine material. Transitional provisions and revocations 18 1 Subject to paragraph (2) the Specified Bovine Material Order (Northern Ireland) 1996 and the Specified Bovine Material (Amendment) Order (Northern Ireland) 1996 are hereby revoked. 2 Any approval granted under any provision of the Specified Bovine Material Order (Northern Ireland) 1996 shall continue to operate as if granted under the equivalent provision of this Order. Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 1st August 1996. P. T. Toal Assistant Secretary