PREVENTION AND SUPPRESSION OF TERRORISM 1 1 These Regulations may be cited as the Security of Animal Pathogens (Exceptions to Dangerous Substances) Regulations 2007 and shall come into force on 19th May 2007. 2 In these Regulations— “ the Act ” means the Anti-terrorism, Crime and Security Act 2001, as applied by the Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 and a reference to a provision of the Act is to that provision as so applied; “animal” includes a bird, fish or arthropod; and “animal pathogen” means a substance for the time being mentioned in Schedule 5 to the Act. 2 1 Where any of the conditions set out in paragraph (2) is satisfied, something which would otherwise fall within section 58(4)(a) of the Act is not to be regarded as a dangerous substance. 2 Those conditions are: a that it exists in the form of, or is included in, a medicinal product; or b that it is an immunological product intended to diagnose whether a state of immunity to certain diseases exists in human beings or animals; or c that it is for use in medicinal tests on animals in accordance with a valid animal test certificate; or d that it is modified for use to be administered to one or more human beings or animals for a medicinal purpose; or e that it is kept in such a way that it is no longer in a state that will allow it to be propagated; or f that it is kept— i as part of a clinical specimen for diagnostic purposes, and ii for no longer than is reasonably practicable for its disposal after the time when the diagnosis has been made. 3 In this regulation— “administer” has the same meaning as in section 130(9) of the Medicines Act 1968 ; “medicinal product” means any substance or article which is held in a form which is ready to be administered to one or more human beings or animals for a medicinal purpose; and “medicinal purpose” has the same meaning as in section 130(2) of the Medicines Act 1968. 3 1 Where the condition set out in paragraph (2) is satisfied, an animal pathogen which would otherwise fall within section 58(4)(b) of the Act is not to be regarded as a dangerous substance. 2 Subject to paragraph (3), that condition is that the animal pathogen for the time being mentioned in Schedule 5 to the Act infects or is otherwise carried by: a any animal, alive or dead, or anything which is or was a part to it; b any human corpse, or any part of it; c any food or food source within the meaning of the Food Safety Act 1990 ; or d any feeding stuff. 3 Paragraph (2) does not apply if the occupier of the premises where any of the things set out in sub-paragraphs (a) to (d) of that paragraph is kept: a knows or ought reasonably to have known that the thing in question had been deliberately infected by an animal pathogen or that it otherwise carries such a pathogen as a result of a deliberate act; and b keeps the thing in question for longer than is reasonably practicable for its disposal. 4 In paragraph (2)(d) “feeding stuff” means— a a product of vegetable or animal origin in its natural state (whether fresh or preserved); b a product derived from the industrial processing of such a product; or c an organic or inorganic substance, used by itself or in a mixture; whether or not containing additives, for oral feeding to animals. Tony McNulty Minister of State Home Office 19th March 2007