AGRICULTURE The Department of Agriculture, being a Department designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:— Citation and commencement 1 These Regulations may be cited as the Bovines and Bovine Products (Despatch Prohibition and Production Restriction) Regulations (Northern Ireland) 1997 and shall come into operation on 16th August 1997. Interpretation 2 1 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly. 2 In these Regulations— “bovine animal” means a bull, cow, steer, heifer or calf; “ Commission Decision 96/239/EC ” means Commission Decision 96/239/ EC on emergency measures to protect against bovine spongiform encephalopathy ; “controlled bovine by-product” means— gelatin; an amino acid; a peptide; tallow; or a product derived, by hydrolysis at a temperature of at least 250°C, from tallow (other than tallow produced in accordance with the requirements set out in regulation 4(1) of these Regulations or of the Great Britain Regulations ), produced in the United Kingdom from any part of a bovine animal and which is— liable to enter the human food chain or animal feed chain; or destined for use in cosmetic, medical or pharmaceutical products; “ the Department ” means the Department of Agriculture; “the Great Britain Regulations” means the Bovines and Bovine Products (Despatch Prohibition and Production Restriction) Regulations 1997 ; “inspector” means any person appointed as such by the Department, any veterinary surgeon appointed under regulation 3(4)( b ) or 4(4)( b ) or any veterinary inspector; “member State” means any member State of the European Communities other than the United Kingdom; “officer” means a person commissioned by the Commissioners of Customs and Excise; “premises” includes any place, stall or moveable structure; “relevant goods” means— meat for human consumption; any meat product for human consumption; any meat preparation for human consumption; or food for domestic carnivores, obtained from a bovine animal which was not slaughtered in the United Kingdom; “suspension notice” and “suspension order” shall be construed in accordance with regulation 14; “third country” means any State which is not a member of the European Communities; and “vertebral column” includes any part thereof. 3 In these Regulations expressions which are not defined in paragraph (1) and which appear in Article 1(1) of Commission Decision 96/239/EC have the same meaning as in that Decision. 4 Any reference in these Regulations to an instrument of the European Communities is a reference to that instrument as amended at the date of the coming into operation of these Regulations. Prohibitions and restrictions of despatch on live bovine animals and products derived from them 3 1 A person shall not despatch from Northern Ireland to a member State or a third country any— a live bovine animal or bovine embryo; b meat derived from a bovine animal slaughtered in the United Kingdom; c product obtained from a bovine animal slaughtered in the United Kingdom which— i is liable to enter the human food chain; ii is liable to enter the animal feed chain; iii is destined for use in cosmetic products; or iv is destined for use in medical or pharmaceutical products, with the exception of a controlled bovine by-product manufactured in accordance with regulation 4(1)( a ) or a controlled bovine by-product manufactured in accordance with regulation 4(1)( b ) in respect of which the Commission has set the date referred to in Article 1( c )(3) of Commission Decision 96/239/EC; or d meat meal, bonemeal or meat and bonemeal derived from any mammal. 2 A person shall not bring to any place in Northern Ireland for the purpose of despatch to a member State or to a third country, or consign for the purpose of such despatch, any— a live bovine animal or bovine embryo; b meat derived from a bovine animal slaughtered in the United Kingdom; c product obtained from a bovine animal slaughtered in the United Kingdom which— i is liable to enter the human food chain; ii is liable to enter the animal feed chain; iii is destined for use in cosmetic products; or iv is destined for use in medical or pharmaceutical products, with the exception of a controlled bovine by-product manufactured in accordance with regulation 4(1)( a ) or a controlled bovine by-product manufactured in accordance with regulation 4(1)( b ) in respect of which the Commission has set the date referred to in Article 1( c )(3) of Commission Decision 96/239/EC; or d meat meal, bonemeal or meat and bonemeal derived from any mammal. 3 A person shall not despatch from Northern Ireland to a member State or a third country any controlled bovine by-product produced in an establishment registered under regulation 4(3) unless it is accompanied by a health certificate issued by a veterinary inspector stating that it was produced in compliance with the conditions specified in the Annex to Commission Decision 96/239/EC. 4 A person shall not despatch from Northern Ireland to a member State or a third country any relevant goods unless— a each stage of the production of those goods which took place in the United Kingdom took place in an establishment approved— i by the Department for the purposes of regulation 7; or ii (in the case of a stage of production taking place in Great Britain) under regulation 7 of the Great Britain Regulations; b each stage of the production of those goods was under the control of a veterinary surgeon appointed for the purpose of the Department or, in the case of a stage of production taking place in Great Britain, by a Minister of the Crown; c the goods are accompanied by a health certificate issued by such a veterinary surgeon stating that they were produced in such an establishment; and d the goods are despatched in accordance with any relevant provisions of the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1993 or of the Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 1995 . Production of controlled bovine by-products 4 1 A person shall not produce a controlled bovine by-product of any type unless he ensures that— a it is produced— i in an establishment registered by the Department under paragraph (2) for the production of by-products of that type; and ii from bovine animals slaughtered outside the United Kingdom; or b it is produced— i in accordance with paragraphs (4) and (5); and ii in an establishment registered by that Department under paragraph (3) for the production of by-products of that type. 2 For the purposes of paragraph (1)( a ) the Department shall register an establishment in respect of such types of controlled bovine by-products as are specified in the registration where, following an inspection of that establishment by a veterinary inspector, it is satisfied that no material derived from bovine animals slaughtered in the United Kingdom is used in the production of controlled bovine by-products there. 3 For the purposes of paragraph (1)( b ) the Department shall register an establishment in respect of such types of controlled bovine by-products as are specified in the registration where— a following an inspection of that establishment by a veterinary inspector, it is satisfied that the controlled bovine by-products of any such type produced there are produced in accordance with the appropriate conditions specified in the Annex to Commission Decision 96/239/EC; b it is satisfied that no vertebral column derived from any bovine animal is used there in the production of any such by-product; and c in the case of a registration in respect of gelatin, the Commission of the European Communities has set the date referred to in Article 1( c )(3) of Commission Decision 96/239/EC in respect of gelatin. 4 Controlled bovine by-products produced in establishments registered under paragraph (3) shall be produced— a in accordance with the appropriate conditions specified in the Annex to Commission Decision 96/239/EC; and b under the control of a veterinary surgeon appointed by the Department. 5 In the case of any controlled bovine by-products produced in establishments registered under paragraph (3)— a the identity of that establishment; and b the method by which that by-product was produced, shall be clearly indicated, either by means of a label affixed to the by-product, on its packaging or in commercial documentation accompanying it. 6 The operator of an establishment registered under paragraph (2) or (3) shall give the Department prior written notice of any material change in the identity of the suppliers of the materials used by him in the manufacture of controlled bovine by-products or of the facilities or processes used at that establishment in manufacturing such by-products. 7 Where, in relation to any premises registered under paragraphs (2) or (3), as the case may be— a the requirements of that paragraph are no longer satisfied; or b the operator has failed to give any notice required of him under paragraph (6), the Department may withdraw the registration of those premises. Control of the consignment of bovine material 5 A person shall not consign from any place, or transport to any establishment registered under regulation 4(3), material derived from any part of a bovine animal which includes any part of the vertebral column of a bovine animal unless he ensures that— a any such material is contained in an impervious container which is clearly labelled to indicate that it contains bovine vertebral column; and b any other material derived from any part of a bovine animal carried in the same consignment is contained in a separate impervious container which is clearly labelled as not containing bovine vertebral column. Use and despatch of controlled bovine by-products 6 A person shall not use any controlled bovine by-product in the production of any product (other than a controlled bovine by-product) which is— a liable to enter the human food chain or animal feed chain; or b destined for use as or in any cosmetic, medical or pharmaceutical product, unless he ensures that that by-product was produced— i in accordance with regulation 4; ii in the case of a controlled bovine by-product produced in Great Britain, in accordance with regulation 4 of the Great Britain Regulations; iii in the case of gelatin produced before 24th December 1996 from bovine animals slaughtered outside the United Kingdom, in an establishment which complied with the conditions for registration under regulation 4(2) at the time of manufacture and which has subsequently been registered in accordance with that provision or regulation 4(2) of the Great Britain Regulations; or iv in the case of a controlled bovine by-product, other than gelatin, produced before 15th March 1997 in the United Kingdom from bovine animals slaughtered outside the United Kingdom, in an establishment which complied with the conditions for registration under regulation 4(2) at the time of manufacture and which has subsequently been registered in accordance with that provision or regulation 4(2) of the Great Britain Regulations. Approval of establishments for the purpose of despatch of relevant goods 7 1 The Department shall approve an establishment for the purposes of regulation 3(4) where, following an inspection of that establishment by a veterinary inspector, it is satisfied there is in place a system for tracing raw materials through all stages of the processes used for the production of any relevant goods and that that system is sufficient to ensure that it is possible to identify the origin of any raw materials contained in any such goods despatched from that establishment. 2 The operator of an establishment approved under paragraph (1) shall give the Department prior written notice of any material change in the identity of the suppliers of the materials used by him in the manufacture of relevant goods or of the facilities or processes used at that establishment in manufacturing such goods. 3 The Department may withdraw the approval of any establishment granted by it under paragraph (1) where, in relation to that establishment, the requirements of that paragraph are no longer satisfied or where the operator of that establishment has failed to give any notice required of him by paragraph (2). Fees 8 The Department may charge such reasonable fees as it may determine in respect of any costs reasonably incurred by it in connection with— a the registration of an establishment pursuant to regulation 4(2) or (3); b the approval of an establishment pursuant to regulation 7(1); c the control exercised under regulation 3(4)( b ) or 4(4)( b ) by a veterinary surgeon appointed by it; and d the issue of a health certificate by a veterinary inspector under regulation 3(3) or by a veterinary surgeon under regulation 3(4)( c ). Powers to stop and search vehicles and vessels 9 1 At any time while a vehicle is— a within the limits of or entering or leaving a port, or any land adjacent to a port which is occupied wholly or mainly for the purposes of activities carried on at the port; b at, or entering or leaving an aerodrome; or c at, or entering or leaving an approved wharf, transit shed, customs warehouse or free zone, an officer or an inspector may, for the purposes of the enforcement of these Regulations, stop and search the vehicle. 2 Any person who, when required to do so under paragraph (1), fails to stop any vehicle shall be guilty of an offence. 3 Where an officer or an inspector has reasonable grounds to suspect that any vehicle or vessel (whether or not in a place referred to in paragraph (1)) is or may be carrying a consignment of any goods which are— a described in regulation 3(1) or (2); b relevant goods; c controlled bovine by-products; or d materials described in regulation 5, and which he reasonably suspects may be illegal, he may search that vehicle or vessel. 4 Where an officer or an inspector has stopped and searched a vehicle under paragraph (1), or has searched a vehicle or vessel under paragraph (3), he may detain for not more than three working days any goods referred to in paragraph (3) found in the vehicle or vessel and which he reasonably suspects may be illegal. 5 Any goods detained under this regulation shall be dealt with during the period of their detention in such manner as the person seizing or detaining them may direct. 6 For the purposes of this regulation, goods are “illegal” if— a they are falsely described on their packaging, wrapping, label or any container in which they are placed, or in any health certificate or commercial documentation accompanying them; b in the case of any goods described in regulation 3(1) or (2), they were being brought or consigned for despatch in contravention of regulation 3; c in the case of relevant goods, they were produced or despatched in contravention of regulation 3(4); d in the case of controlled bovine by-products, they were produced in contravention of regulation 4(1); or e in the case of materials described in regulation 5, the goods were not in an impervious container clearly labelled in accordance with that regulation. 7 For the purposes of paragraph (1) a “port”, an “aerodrome”, an “approved wharf”, “transit shed”, “customs warehouse” and “free zone” have the meanings respectively consigned to them in the Customs and Excise Management Act 1979 . Powers of entry 10 1 An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any premises for the purpose of ascertaining whether— a there is or has been on the premises any contravention of any provisions of these Regulations; b there is on the premises any evidence of any contravention of any provisions of these Regulations; c in the case of premises registered under regulation 4 or approved under regulation 7, the requirements of the appropriate regulation are satisfied; or d in the case of premises from which material derived from bovine animals is consigned to an establishment registered under regulation 4 or approved under regulation 7, the use of such material for the manufacture of controlled bovine by-products or relevant goods, as the case may be, at that establishment is permitted under these Regulations. 2 If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable grounds for entry into any premises for any such purpose as is mentioned in paragraph (1) and either— a that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or b that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent, the justice may by warrant signed by him authorise the inspector to enter the premises, if need be by reasonable force. Seizure of illegal goods 11 1 Where an inspector has a reasonable suspicion that a consignment of any— a goods described in regulation 3(1) or (2); b relevant goods; c controlled bovine by-products; or d materials described in regulation 5, is illegal, he may require the person in control of any commercial documentation or health certificate accompanying the consignment to deliver that documentation or certificate, and any copies, to him on demand. 2 Where an inspector exercises the power conferred on him by paragraph (1) in relation to any consignment or any part of a consignment he may— a give notice that, until the notice is withdrawn, the consignment or part may not be removed or may not be removed except to some place specified in the notice; or b give notice that that consignment or part must be removed (at the expense of the person who is, or appears to be, in control of it) to such place as may be specified in the notice; or c seize that consignment or part and remove it in order to have it dealt with by a justice of the peace. 3 Where an inspector exercises the power conferred by paragraph (2) in relation to a consignment or part of a consignment, he shall as soon as is reasonably practicable, and in any event within 21 days, determine whether he is satisfied that the consignment or part is not illegal and— a if he is so satisfied he shall return any health certificate or commercial documentation which has been delivered to him, withdraw any notice given pursuant to paragraph (2)( a ) relating to the consignment or part and return anything which he has seized; or b if he is not so satisfied, he shall inform the person in charge of the consignment or part of his intention to have it dealt with by a justice of the peace. 4 Any person who may be liable for prosecution under these Regulations in respect of a consignment or part of a consignment which is intended to be dealt with by a justice of the peace in pursuance of this regulation shall be entitled to attend before the justice of the peace by whom the matter falls to be dealt with and shall be entitled to be heard and to call witnesses. 5 If it appears to a justice of the peace, on the basis of such evidence as he considers to be appropriate in the circumstances, that a consignment or part of a consignment is illegal, he shall, where he is satisfied that there is a despatch risk in respect of the consignment or part if it is returned to the owner, order— a the consignment or part to be destroyed or otherwise disposed of so as to prevent it from being despatched to another member State or a third country; and b any expenses reasonably incurred in connection with such destruction or disposal and (where the consignment or part was seized pursuant to paragraph (2)( c )) in connection with storage prior to destruction, to be defrayed by the owner of the consignment. 6 Where a justice of the peace is satisfied that there is no despatch risk in respect of a consignment or part of a consignment if it is returned to the owner, he shall order the consignment or part to be so returned. 7 For the purposes of paragraphs (5) and (6), “despatch risk” in respect of a consignment or part of a consignment means the risk that— a in the case of a consignment or part of any goods described in regulation 3(1) or (2), the owner will despatch some or all of those goods to another member State or a third country; b in the case of a consignment or part of controlled bovine by-products, the owner will use some or all of those by-products in any product liable to enter the human food chain or animal feed chain or in any cosmetic, medical or pharmaceutical product; or c in the case of a consignment or part of materials described in regulation 5, the owner will consign some or all of that material to any establishment registered under regulation 4. 8 For the purposes of this regulation, a consignment or part of a consignment is “illegal” if— a it is falsely described on its packaging, wrapping, label or any container in which it is placed, or in any health certificate or commercial documentation accompanying it; b in the case of a consignment or part of any goods described in regulation 3(1) or (2), it was brought to a place in Northern Ireland for despatch in contravention of regulation 3(2); c in the case of a consignment or part of relevant goods, they were produced or despatched in contravention of regulation 3(4); d in the case of a consignment or part of controlled bovine by-products, it was produced in contravention of regulation 4(1); or e in the case of a consignment or part of materials described in regulation 5, it was not consigned in an impervious container clearly labelled in accordance with regulation 5. Sampling and other checks and examinations 12 1 An inspector shall have power to carry out all checks and examinations necessary for the enforcement of these Regulations. 2 An inspector may— a take samples (and, if necessary, send the samples for laboratory testing) from any product or material; b examine records, and any information which is contained in a computer, he believes to be relevant to any checks and examinations under these Regulations; c seize, detain and require the production of any such records and information which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations; d take with him any such other person as he considers necessary to carry out any checks and examinations under these Regulations; e require any person who is or appears to be in control of any goods described in regulation 3(1) or (2), or any relevant goods or controlled bovine by-products or materials described in regulation 5, to arrange, at his own expense, for those goods or products to be removed from any store, vehicle, vessel, container, packing or wrapping; f carry out inspections of any process specified in the Annex to Commission Decision 96/239/EC and anything used for the marking and identification of products and materials; and g take with him a representative of the European Commission acting for the purposes of Commission Decision 96/239/EC. Powers of customs officers to detain vehicles and vessels 13 1 An officer may, for the purpose of facilitating the exercise by any inspector of the powers conferred on the inspector by these Regulations, detain any vehicle for such period as may reasonably be necessary for that purpose. 2 Any vehicle or vessel detained by an officer under this regulation shall be dealt with during the period of its detention in such a matter as the officer may direct. Suspension notices and orders 14 1 If an inspector is satisfied that there is a despatch risk in relation to any consignment or part of a consignment on business premises of any goods described in regulation 3(1) or (2), he may, by a notice served on the proprietor of the business (a “suspension notice”), suspend the use of the premises for— a the despatch of those goods; and b the receipt or despatch of any other goods described in those paragraphs. 2 If a Magistrates' Court is satisfied, on the application of an inspector, that there is a despatch risk in relation to a consignment or part of a consignment on business premises of any goods described in regulation 3(1) or (2), the Court shall, by an order (a “suspension order”), suspend the use of the premises for— a the despatch of those goods; and b the receipt or despatch of any other goods described in those paragraphs. 3 An inspector shall not apply for a suspension order under paragraph (2) in relation to any business premises unless, at least one day before the date of the application, he has served notice on the proprietor of the business concerned of his intention to apply for the order. 4 As soon as practicable after the service of a suspension notice, an inspector shall affix a copy of the notice in a conspicuous position in the premises to which it relates and any person who knowingly contravenes such a notice shall be guilty of an offence. 5 As soon as reasonably practicable after the making of a suspension order in relation to any business premises, an inspector shall— a serve a copy of the order on the proprietor of the business concerned; and b affix a copy of the notice in a conspicuous position on the premises, and any person who knowingly contravenes such a notice shall be guilty of an offence. 6 A suspension notice shall cease to have effect— a if an application for a suspension is not made under paragraph (2) within the period of three days beginning with the service of the notice, at the end of that period; and b if such an application is so made, on the final determination of whether or not to grant that application or the abandonment of the application. 7 A suspension notice or suspension order relating to any business premises shall cease to have effect on the issue by the Department of a certificate to the effect that it is satisfied that the proprietor of the business concerned has taken sufficient measures to ensure that there is no longer despatch risk in relation to any consignment or part of a consignment on, or likely to be on, the premises. 8 The Department shall issue a certificate under paragraph (7) within three days of its being satisfied as mentioned in that paragraph; and on an application by the proprietor of any business which would thereby be affected by such a certificate, the Department shall— a determine, as soon as is reasonably practicable, and in any event within 14 days, whether or not it is so satisfied; and b if it determines that it is not so satisfied, give notice to the proprietor of the business of the reasons for that determination. 9 Where a suspension notice is served on the proprietor of a business, the Department shall compensate him in respect of any loss suffered by reason of his complying with the notice unless— a an application for a suspension order is made under paragraph (2) within the period of three days beginning with the service of the notice; and b the Court which finally determines the application declares itself satisfied, on the hearing of the application, that there was a despatch risk in relation to any consignment or part of a consignment on the business premises at the time when the notice was served, and any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by arbitration. 10 For the purposes of this regulation, “despatch risk” in respect of a consignment or part of a consignment of goods on any business premises is the risk that the proprietor of the business will despatch some or all of those goods to another member State or third country. Obstruction 15 1 A person shall not— a intentionally obstruct any person acting in the execution of these Regulations; b without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purpose of carrying out his functions under these Regulations; or c furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading. 2 Nothing in paragraph (1)( b ) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him. Offences and penalties 16 1 A person contravening any provision of these Regulations shall be guilty of an offence. 2 Any person guilty of an offence under these Regulations shall be liable— a on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both; b on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both. 3 Article 19 of the Food Safety (Northern Ireland) Order 1991 shall apply to the commission by any person of an offence under these Regulations, and Article 20(1), (5) and (6) of that Order shall apply in any proceedings for an offence under these Regulations, as if, in all of those provisions, the reference to “any of the preceding provisions of this Part” were references to these Regulations. Enforcement 17 These Regulations shall be enforced and executed by the Department or, in relation to its district, by any district council. Amendments 18 The following paragraph shall be substituted for paragraph (5) at the end of regulation 6 of the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1993 and for paragraph (6) at the end of regulation 5 of the Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 1995— This regulation shall apply without prejudice to the requirements of the Bovines and Bovine Products (Despatch Prohibition and Production Restriction) Regulations (Northern Ireland) 1997. . Revocation of the Bovine Products (Despatch to other Member States) Regulations (Northern Ireland) 1997 19 The Bovine Products (Despatch to other Member States) Regulations (Northern Ireland) 1997 are hereby revoked. Sealed with the Official Seal of the Department of Agriculture on 1 P. T. Toal Assistant Secretary 5th August 1997.