ANIMALS Citation and commencement 1 This Order may be cited as the Specified Bovine Material Order (Northern Ireland) 1997 and shall come into operation on 1st May 1997. 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: a milk or any milk product; b dicalcium bone phosphate; c dried plasma or any other blood product; d gelatin; or e 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 a 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 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; “rendering” means subjecting animal by-products at a rendering, fishmeal or other plant to any of the systems of treatment or procedures mentioned in Schedule 4 of the Animal By-Products Regulations (Northern Ireland) 1993 ; “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; or which, being an animal which has been exposed to the infection of bovine spongiform encephalopathy, the Department has caused to be slaughtered in accordance with the provisions of paragraph 10A of Part I of Schedule 2 to the Diseases of Animals (Northern Ireland) Order 1981 ; “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 forseeably 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 (2), 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 the subsequent processing of their carcases which is collected in any part of the drainage system draining any place where specified bovine material is handled; “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) Regulations (Northern Ireland) 1997 . 2 The provisions of Articles 8, 9(1)( e ) and 12 shall not apply to specified bovine material from scheme animals. 3 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 Schedule 1 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 invertebrates; 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 or supply 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; j use any mammalian meat and bone meal in the production of any feedingstuff for livestock, fish or equine animals; k sell any veterinary product containing specified bovine material; l use any specified bovine material in the preparation of any veterinary product; or m sell any specified bovine material for use in the manufacture of any veterinary product. 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 and a person shall not offer any mammalian meat and bone meal or any MBM product for sale there, unless (in either case)— a the ingredients of the feedingstuff are stored, and the feedingstuff is produced, in a separate building from that in which any mammalian meat and bone meal or any MBM product is stored, used or sold; b except as provided by sub-paragraph ( d ), the feedingstuff is stored in a separate building from that in which any mammalian meat and bone meal or any MBM product is stored, used or sold; c any equipment or vehicle used in the production of the feedingstuff does not come into contact with any mammalian meat and bone meal, any MBM product or any ingredient or equipment used with mammalian meat and bone meal or any MBM product; and d where mammalian meat and bone meal or any MBM product is sold, any of the feedingstuff stored in the same building as that meal or product is stored there solely for the purpose of being sold in that building and either— i the mammalian meat and bone meal or MBM product is stored in a place which is physically separated from any place where the feedingstuff is stored; or ii both the feedingstuff on the one hand and the mammalian meat and bone meal or MBM product on the other are securely packaged with no spillage or leakage taking place. 3 Subject to paragraph (5), 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 other than in accordance with paragraph (2); or c any feedingstuff for livestock, fish or equine animals is stored but not produced and no livestock are kept. 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 feedingstuff 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 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; b 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 either to a pet of a species which is not commonly used as livestock in the United Kingdom or to a working dog or for use as a fertiliser on a domestic garden or for house plants; c 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. 9 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 in contravention of paragraph (3) or (4), 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, and 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; 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 (12) 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 A person shall not be required to keep any record relating to the consignment or transport of mammalian meat and bone meal in accordance with the provisions of paragraphs (12) to (17) where the consignment or transport follows the retail sale of the meal, and a person receiving a consignment for the purpose of selling it by retail shall not be required to keep any record other than required by paragraphs (13) or (14), provided that in either case— a the meal is contained in sealed packages each weighing not more than 26 kilogrammes; b the packages containing the meal are presented as containing a fertiliser solely for a use permitted under the Fertilisers (Mammalian Meat and Bone Meal) Regulations (Northern Ireland) 1996 ; and c (in the case of a consignment by retail sale) the consignment consists of not more than 104 kilogrammes of meal. 19 For the purposes of this Article “specified bovine material” includes— a anything derived from it; and b (notwithstanding the definition of specified bovine material in Article 2(1)), a whole carcase or any part of an animal from which specified bovine material has not been removed in accordance with regulation 8 or 9 of the SBMTD Regulations. 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 licensed under Article 6 or to an incinerator which has been approved by the Department in accordance with regulation 14 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 licensed 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 material and rendered separately from other material. 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 Except in accordance with paragraph (8), 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 Department may, on application, licence the operator of an approved rendering plant to use equipment previously used for processing specified bovine material for such other purpose as may be specified in the licence, provided that, before use for such other purposes, the equipment concerned is cleaned to the satisfaction of the Department in accordance with any conditions specified in that licence. 9 The operator of the rendering plant shall keep a record of the weight of protein, and a separate record of the weight of tallow, consigned from the plant and, in each case, the date of such consignment and the place of destination. 10 Any record kept under paragraph (9) shall be retained by the operator of the rendering plant for 2 years from the date of the consignment to which it relates. 11 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. 12 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. 13 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. Separation of specified bovine material 7 1 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. 2 A person shall not in any premises remove the brain or eyes from the head of a bovine animal over six months except— a for the purposes of veterinary or scientific examination or research; and b in a part of the premises kept free at all times from feedingstuffs or any ingredient for feedingstuffs. 3 A person shall not store specified bovine material in the same room as feedingstuffs, veterinary products or any ingredient of feedingstuffs or veterinary products. 4 The prohibition in paragraph (2) shall not apply to the removal under Article 29 of the Food Safety (Northern Ireland) Order 1991 of the eyeballs of bovine animals at the place of slaughter by a veterinary inspector or any other officer for the purposes of analysis under Article 31(1) of that Order. 5 The prohibition in paragraph (3) shall not apply where a veterinary inspector or another officer of the Department has approved the storage of the specified bovine material in the same room as feedingstuffs or veterinary products or any ingredient of feedingstuffs or veterinary products on being satisfied that the arrangements for storage will ensure the adequate separation of the specified bovine material from the feedingstuffs, veterinary products or ingredients. Manufacturing premises not connected with feedingstuffs or veterinary products 8 1 Upon the Department being satisfied that— a any premises are suitable to process specified bovine material for use in a manufacturing process; b that such manufacture is not in any way connected with feedingstuffs or veterinary products and does not pose a risk to animal health; and c that the operator of the premises has in place a system for tracing through the manufacturing process all specified bovine material delivered to him sufficient to demonstrate— i that all specified bovine material delivered is either used in the manufacturing process or disposed of in accordance with conditions specified in the licence; and ii that no product manufactured in the process is used as, in connection with or in the manufacture of any feedingstuff or veterinary product; it may licence those premises for the purposes of processing specified bovine material for use in a manufacturing process. 2 A person shall not process specified bovine material for the purposes mentioned in paragraph (1) at any premises except under and in accordance with the provisions of a licence granted under that paragraph. 3 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. 4 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 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 10(1)( a ) of the SBMTD Regulations; d an incinerator which has been approved by the Department in accordance with regulation 14(2) of the SBMTD Regulations; or e any other premises licensed by the Department in accordance with Article 8 or approved in accordance with regulation 16 of the SBMTD Regulations. 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. 3 For the purposes of this Article “specified bovine material” includes (notwithstanding the definition of specified bovine material in Article 2(1)), a whole carcase or any part of an animal from which specified bovine material has not been removed in accordance with regulation 7 or 8 of the SBMTD Regulations. 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, veterinary product 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 to 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 in 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. 4 For the purposes of this Article “specified bovine material” includes (notwithstanding the definition of specified bovine material in Article 2(1)), a whole carcase or any part of an animal from which specified bovine material has not been removed in accordance with regulation 8 or 9 of the SBMTD Regulations. Revocations 18 The Specified Bovine Material (No. 2) Order (Northern Ireland) 1996 , the Specified Bovine Material (No. 2) (Amendment) Order (Northern Ireland 1996 and the Specified Bovine Material (No. 2) (Amendment No. 2) Order (Northern Ireland) 1996 are hereby revoked. Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on P. T. Toal Assistant Secretary 30th April 1997.