FOOD PART I INTRODUCTORY Title and commencement 1 These Regulations may be cited as the Bovine Offal (Prohibition) (Scotland) Regulations 1990 and shall come into force on 30th January 1990. Interpretation 2 1 In these Regulations, unless the context otherwise requires– “ the Act ” means the Food and Drugs (Scotland) Act 1956; “authorised officer” has the meaning given to it in section 58 of the Act; “dead stock collection centre” has the meaning given to it in the Meat and Poultry Meat (Staining and Sterilisation) (Scotland) Regulations 1983 (hereinafter referred to as “the 1983 Regulations”); “head” does not include tonsils; “inspector” means a person holding one of the qualifications set out in Schedule 6 to the Food (Meat Inspection) (Scotland) Regulations 1988 ; “knacker’s yard” has the meaning given to it in section 22 of the Slaughter of Animals (Scotland) Act 1980 ; “local authority” means the council of an islands area or district and, in relation to any land or premises, means the local authority within whose area the land or premises is or are situated; “processor” has the meaning given to it in the 1983 Regulations and also includes a waste food processor licensed under the provisions of the Diseases of Animals (Waste Food) Order 1973 to receive unprocessed waste food; “sell” includes have in possession for sale or offer or expose for sale and “sale” and “sold” shall be construed accordingly; “slaughterhouse” has the meaning given to it by section 22 of the Slaughter of Animals (Scotland) Act 1980, except that it does not include any place available in connection with a slaughterhouse and used solely for the manufacture of bacon and ham, sausages, meat pies or other manufactured meat products, or for the storage of meat used in such manufacture; “specialist boning plant” means premises (not being a slaughterhouse, knacker’s yard or dead stock collection centre) where a business of removing meat from bones is carried on but does not include any premises where such removal of meat is made in the course of or for the purposes of the sale by retail of meat; “specified bovine offal” means the brain, spinal cord, spleen, thymus, tonsils and inte stines of a bovine animal which has been slaughtered in the United Kingdom and which is no longer part of a whole dead animal; “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; “stained” has the meaning given to it in the 1983 Regulations and “stain” and “staining” shall be construed accordingly; “sterilised” has the meaning given to it in the 1983 Regulations and “sterilise” and “sterilisation” shall be construed accordingly. 2 For the purposes of these Regulations, the supply of food otherwise than by sale at, in or from any place where food is supplied in the course of a business shall be deemed to be a sale of that food, and references to purchasing and purchasers shall be construed accordingly; and where in connection with any business in the course of which food is supplied the place where the food is served to the customers is different from the place where the food is consumed, both those places shall be deemed to be places in which food is sold. 3 Except insofar as the context otherwise requires, any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations. Exemptions 3 These Regulations shall not apply in respect of– a any specified bovine offal which is removed or is intended to be removed from any place by, or under the authority of, a veterinary surgeon for examination by him or on his behalf; and b any specified bovine offal of a bovine animal not more than six months old when slaughtered. Prohibition of sale 4 No person shall– a sell, or b use in the preparation of food for sale, for human consumption any specified bovine offal. PART II STAINING AND STERILISATION OF SPECIFIED BOVINE OFFAL Staining of specified bovine offal at a slaughterhouse 5 1 Subject to paragraph (2) below and to the exemptions contained in regulation 11, any specified bovine offal at a slaughterhouse shall be stained as soon as practicable by or on behalf of the inspector at the slaughterhouse. 2 The requirement as to staining imposed by paragraph (1) above shall not apply in the case of any specified bovine offal which is to be sterilised in the same slaughterhouse in accordance with the requirements of regulation 6 provided that the inspector is satisfied that adequate security is maintained over the specified bovine offal until it is sterilised. Sterilisation of specified bovine offal at a slaughterhouse 6 Subject to the exemptions contained in regulation 12, any specified bovine offal at a slaughterhouse shall be sterilised by the operator of the slaughterhouse under authority of the local authority before its removal from the premises. Staining of specified bovine offal at a knacker’s yard 7 1 Subject to paragraph (2) below and the exemptions contained in regulation 11(1), any specified bovine offal at a knacker’s yard shall be stained by the occupier of the yard. Such staining shall be carried out as soon as practicable and in any event at the end of each normal break in work. The occupier shall maintain adequate security over the unsterilised specified bovine offal at all times. 2 The requirement as to staining imposed by paragraph (1) above shall not apply in the case of any specified bovine offal which is to be sterilised in the same knacker’s yard in accordance with the requirements of regulation 8 provided that the occupier of the knacker’s yard ensures that adequate security is maintained over the specified bovine offal until it is sterilised. Sterilisation of specified bovine offal at a knacker’s yard 8 Subject to the exemptions contained in regulation 12(1), any specified bovine offal at a knacker’s yard shall be sterilised by the occupier of the yard as soon as practicable and in any event at the end of each normal break in work. Staining of specified bovine offal at a dead stock collection centre 9 1 Subject to paragraph (2) below and to the exemptions contained in regulation 11(1), any specified bovine offal at a dead stock collection centre shall be stained by the occupier of the dead stock collection centre. Such staining shall be carried out as soon as practicable and in any event at the end of each normal break in work. The occupier shall maintain adequate security over the unsterilised specified bovine offal at all times. 2 The requirement as to staining imposed by paragraph (1) above shall not apply in the case of any specified bovine offal which is to be sterilised in the same dead stock collection centre in accordance with the requirements of regulation 10 provided that the occupier of the dead stock collection centre ensures that adequate security is maintained over the specified bovine offal until it is sterilised. Sterilisation of specified bovine offal at a dead stock collection centre 10 Subject to the exemptions contained in regulation 12(1), any specified bovine offal at a dead stock collection centre shall be sterilised by the occupier of the dead stock collection centre as soon as practicable and in any event at the end of each normal break in work. Exemptions from requirements to stain specified bovine offal 11 1 The requirements to stain specified bovine offal contained in regulations 5, 7, and 9 shall not apply in the case of specified bovine offal intended to be removed to one of the following destinations:– a a hospital, medical or veterinary school, laboratory or similar institution for instruc tional, diagnostic or research purposes; b the premises of a pharmaceutical manufacturer for the manufacture by him of pharmaceutical products; c the premises of a person for storage or for preparation before further removal to the premises specified in sub-paragraph (a), (b) or (d); d premises used for the manufacture of products other than food or animal feedingstuffs and not used for the manufacture of food or animal feedingstuffs. 2 The requirement to stain specified bovine offal imposed by regulation 5 shall not apply in the case of the head of a bovine animal from which the brain has not been removed which may be transported from a slaughterhouse to a specialist boning plant for the recovery of meat (other than specified bovine offal) from that head. 3 Where the local authority is satisfied that it is not practicable for any specified bovine offal to be removed to any of the destinations referred to in this regulation, it shall be removed to a place for destruction, burial or other form of permanent disposal, provided that removal to such destination is authorised generally or for any particular consignment by the local authority and that the disposal is carried out to the satisfaction of the local authority. Exemptions from requirements to sterilise specified bovine offal 12 1 The requirements to sterilise specified bovine offal contained in regulations 6, 8 and 10 shall not apply in the case of specified bovine offal intended to be removed to one of the following destinations:– a a hospital, medical or veterinary school, laboratory or similar institution for instructional, diagnostic or research purposes; b the premises of a pharmaceutical manufacturer for the manufacture by him of pharmaceutical products; c the premises of a person for storage or for preparation before further removal to the premises specified in sub-paragraph (a), (b) or (f); d the premises of a processor for sterilisation by him; e the premises of a person for preparation before further removal to a processor, or for storage before further removal to a destination mentioned in sub-paragraph (d) above. f premises used for the manufacture of products other than food or animal feedingstuffs and not used for the manufacture of food or animal feedingstuffs. 2 The requirement to sterilise specified bovine offal imposed by regulation 6 shall not apply in the case of the head of a bovine animal from which the brain has not been removed which may be transported from a slaughterhouse to a specialist boning plant for the recovery of meat (other than specified bovine offal) from that head. 3 Where the local authority is satisfied that it is not practicable for any specified bovine offal to be removed to any of the destinations referred to in this regulation, it shall be removed to a place for destruction, burial or other form of permanent disposal, provided that removal to such destination is authorised generally or for any particular consignment by the local authority and that the disposal is carried out to the satisfaction of the local authority. Requirement to sterilise or stain skulls containing brains 13 The occupier of a specialist boning plant receiving any head of a bovine animal from which the brain has not been removed for the removal of meat from the head shall, immediately after removal of the meat, sterilise or stain the skull with the brain still inside the skull or remove the brain from the skull and sterilise or stain the brain. Prohibition on freezing 14 1 Subject to paragraph (2) below, no person shall freeze any specified bovine offal in a slaughterhouse or any other place unless it has been sterilised or stained. 2 The prohibition in paragraph (1) above shall not apply in the case of any specified bovine offal which is intended to be removed to a destination specified in regulation 11(1). Prohibition of removal of specified bovine offal from a place other than a slaughterhouse, knacker’s yard or dead stock collection centre 15 No person shall remove, or cause or permit to be removed, from any place of which he is the occupier, not being a slaughterhouse, knacker’s yard or dead stock collection centre, any specified bovine offal from an animal which has died or which has been slaughtered at that place or has been brought there having died or having been slaughtered elsewhere unless– a that specified bovine offal has been sterilised; or b that specified bovine offal has been stained and is intended to be delivered to a destination specified in regulation 12(1)(d) or (e); or c that specified bovine offal is intended to be delivered to the premises of a pharmaceutical manufacturer for the manufacture by him of pharmaceutical products or to a hospital, medical or veterinary school, laboratory or similar institution for instructional, diagnostic or research purposes; or d that specified bovine offal is intended to be delivered to a knacker’s yard, dead stock collection centre or other premises used for the manufacture of products other than food and not used for the manufacture of food; or e that specified bovine offal is intended to be delivered to a slaughterhouse, together with the carcase to which it relates, in accordance with regulation 9 of the Food (Meat Inspection) (Scotland) Regulations 1988. Prohibition on bringing in of specified bovine offal from England and Wales or Northern Ireland 16 No person shall bring or cause or permit to be brought into Scotland from England and Wales or Northern Ireland any specified bovine offal unless– a it has been sterilised; or b it has been stained and is intended to be delivered to a destination specified in regulation 12(1) (d) or (e); c it is to be delivered to a destination specified in regulation 11(1); d it comprises the heads of bovine animals containing the brains which are to be delivered to a specialist boning plant for the recovery of meat (other than specified bovine offal) from those heads. PART III RECORDS AND MOVEMENT DOCUMENTATION IN RESPECT OF UNSTERILISED SPECIFIED BOVINE OFFAL Slaughterhouses 17 1 A legible, indelible record of any consignment of unsterilised specified bovine offal which leaves a slaughterhouse shall be maintained by the local authority. 2 The record referred to in paragraph (1) above shall contain the information specified in regulation 21, shall be completed by or on behalf of the inspector immediately prior to dispatch of the consignment and shall be retained by him for a period of at least three years from that date. Knacker’s yards 18 1 The occupier of a knacker’s yard shall maintain a legible, indelible record of any consignment of unsterilised specified bovine offal which leaves the knacker’s yard. 2 The record referred to in paragraph (1) above shall contain the information specified in regulation 21, shall be completed by the occupier immediately prior to dispatch of the consignment and shall be retained by him for a period of at least three years from that date. Dead stock collection centres 19 1 The occupier of a dead stock collection centre shall maintain a legible, indelible record of any consignment of unsterilised specified bovine offal which leaves the dead stock collection centre. 2 The record referred to in paragraph (1) above shall contain the information specified in regulation 21, shall be completed by the occupier immediately prior to dispatch of the consignment and shall be retained by him for a period of at least three years from that date. Other premises 20 1 The occupier of any place referred to in regulation 15 shall maintain a legible, indelible record of any consignment of unsterilised specified bovine offal which leaves the premises in accordance with the provisions of that regulation. 2 The occupier of any premises referred to in regulation 12(1) shall maintain a legible, indelible record of any consignment of unsterilised specified bovine offal which having been removed to those premises subsequently leaves the premises for another destination referred to in regulation 12(1). 3 The record referred to in paragraphs (1) and (2) above shall contain the information specified in regulation 21, shall be completed by the occupier immediately prior to dispatch of the consignment and shall be retained by him for a period of at least three years from that date. Content of records 21 The record in respect of each consignment of unsterilised specified bovine offal dispatched from a slaughterhouse, knacker’s yard, dead stock collection centre or other premises or place referred to in regulation 20 shall comprise– a a description of the unsterilised specified bovine offal; b the quantity of unsterilised specified bovine offal; c the time and date of dispatch; d the name and address of the person to whom the unsterilised specified bovine offal is sent; e the type and registration of the vehicle or bulk container used for transporting the offal; f the name and address of the owner of the vehicle or bulk container; and g the expected time of delivery of the consignment. Consignment notes 22 The occupier of a slaughterhouse, knacker’s yard, dead stock collection centre, premises referred to in regulation 12 or place referred to in regulation 15 shall provide to the driver of the vehicle in which any consignment of unsterilised specified bovine offal is removed from the relevant premises a consignment note containing the information specified in regulation 21. The consignment note shall be signed by the driver of the vehicle and left with the recipient of the unsterilised specified bovine offal who shall sign the note and retain it for a period of three years. Change in destination of unsterilised specified bovine offal 23 1 If the driver referred to in regulation 22 is unable to deliver a consignment of unsterilised specified bovine offal to the destination named in the consignment note– a he shall return the consignment to the premises or place from which it was removed or remove it to another destination to which it is authorised to be sent under these Regulations; b he shall amend the consignment note accordingly and leave it with the recipient of the consignment who shall sign the note and retain it for a period of three years; c he shall report the change of destination to the occupier of the premises or place from which the unsterilised specified bovine offal was consigned, and that occupier shall amend his relevant records accordingly. 2 If the driver referred to in regulation 22 is unable to deliver part of a consignment of unsterilised specified bovine offal to the destination named in the consignment note– a he shall return the part consignment to the premises or place from which it was removed or remove such part consignment to another destination to which it is authorised to be sent under these Regulations; b he shall amend the consignment note to be left with the originally intended recipient of the entire consignment who shall then provide to the driver a new consignment note containing the information specified in regulation 21 in respect of the part of the consignment not delivered which new note shall be signed by the driver of the vehicle and left with the recipient of that part who shall sign the note and retain it for a period of three years; c he shall report the partial change of destination to the occupier of the premises or place from which the unsterilised specified bovine offal was originally consigned and that occupier shall amend his relevant records accordingly. Consignment to England and Wales or Northern Ireland 24 1 Without prejudice to the foregoing provisions of this Part, where the destination to which specified bovine offal is to be consigned in pursuance of these Regulations is in England and Wales or Northern Ireland, the occupier of the premises or place from which the specified bovine offal is to be consigned shall notify the local authority of the intended consignment, and the consignment shall not be made unless the local authority has granted approval (either generally or in relation to any particular consignment). 2 A local authority notified under paragraph (1) above shall inform the appropriate local authority in England and Wales or Northern Ireland of the intended consignment and shall provide to such authority details of the intended consignment including the estimated date and time of delivery. Consignment from England and Wales or Northern Ireland 25 1 Where any specified bovine offal to which regulation 16 applies enters Scotland from England and Wales, the consignment shall be accompanied by a completed movement permit in accordance with that specified in the Bovine Offal (Prohibition) Regulations 1989 . A copy of the completed movement permit shall be retained by the recipient of the specified bovine offal for a period of three years. 2 Where any specified bovine offal to which regulation 16 applies enters Scotland from Northern Ireland, the consignment shall be accompanied by a consignment note containing the information specified in regulation 21. The consignment note shall be signed by the driver of the vehicle in which the offal is transported and left with the recipient of the offal who shall sign the note and retain it for a period of three years. PART IV TRANSPORT, STORAGE AND PACKAGING OF SPECIFIED BOVINE OFFAL Transport 26 1 Any vehicle in which specified bovine offal is conveyed shall bear, in a prominent position, the following information— a the name and address of the vehicle owner; b a legible and unambiguous notice to the effect that the specified bovine offal is not for human consumption. 2 That part of any vehicle in which specified bovine offal is conveyed shall be kept closed and locked or sealed at all times except when necessary for the loading or unloading of the contents for their examination by an authorised officer of a local authority. 3 That part of any vehicle in which specified bovine offal is conveyed shall be impervious. 4 That part of any vehicle in which specified bovine offal is conveyed shall be thoroughly washed and disinfected before any meat which is fit for human consumption or other food is subsequently placed in the vehicle. 5 Specified bovine offal may not be conveyed in the same vehicle at the same time as meat which is fit for human consumption or other food. 6 In this regulation the expression “vehicle” means, in any case in which specified bovine offal is conveyed in a bulk container, that container. 7 The requirement in paragraph (1) of this regulation shall not apply in the case of specified bovine offal which is removed to a hospital, medical or veterinary school or similar institution for instructional, diagnostic or research purposes. 8 The requirements in paragraphs (1) to (6) of this regulation shall not apply in the case of the heads of bovine animals from which the brains have not been removed which are transferred from a slaughterhouse to a specialist boning plant for removal of meat (other than specified bovine offal) from those heads. Storage 27 1 Subject to paragraph (2) below, specified bovine offal shall not be stored in the same room as meat which is fit for human consumption or other food. 2 The requirement in paragraph (1) above shall not apply where the local authority has approved the joint storage which it shall only do if it is satisfied that the arrangements for storage will ensure the adequate separation of the specified bovine offal from the meat which is fit for human consumption or other food. 3 The owner of any specified bovine offal which is being held in a store shall provide to the driver of any vehicle in which such offal is to be removed from the store a consignment note containing the information specified in regulation 21. The consignment note shall be signed by the occupier of the store (who shall retain a copy) and by the driver and shall be left by the driver with the recipient of the offal who shall sign the note and retain it for a period of three years. Packaging 28 1 Any container, wrapper or packaging used to hold specified bovine offal shall bear a conspicuous, legible and unambiguous notice that its contents are not for human consumption. 2 In the case of wrapped or packaged specified bovine offal— a the notice required under paragraph (1) above shall also clearly state the name and address of the packer who wrapped and packaged the specified bovine offal; b the wrapper or packaging shall be destroyed after use. PART V UNAUTHORISED POSSESSION OF SPECIFIED BOVINE OFFAL Prohibition of possession of specified bovine offal 29 1 No person shall have in his possession any specified bovine offal to which the provisions of Part II apply and which has been removed from a slaughterhouse, knacker’s yard, dead stock collection centre or other place referred to in regulation 15 unless it has been sterilised. 2 The prohibition on possession imposed by paragraph (1) above shall not apply in the case of any specified bovine offal which is in possession of any person– a during transit to, or b at, a destination to which it is authorised to be sent unsterilised under these Regulations, provided that, if so required by these Regulations, it has been stained. 3 It shall be a defence for any person charged with a contravention of this regulation to prove that he did not know, and could not with reasonable diligence have ascertained, that the item involved was an item to which the provisions referred to in paragraph (1) above applied. PART VI ENFORCEMENT Right of examination and seizure 30 An authorised officer may at all reasonable times examine any meat or offal which he has reason to believe is specified bovine offal and if it appears to him that it a is required to be but has not been sterilised; or b is required to be but has not been stained; or c is required to bear but does not bear a notice; or as the case may be d is required to be but is not accompanied by the relevant movement documentation, in accordance with the provisions of these Regulations, he may seize it and remove it in order to have it dealt with in accordance with the provisions of section 9 of the Act. Inspection of records 31 An authorised officer shall, on producing, if so required, some duly authenticated document showing his authority, have a right to require the production of, and to examine, any records or consignment notes which are required to be kept by virtue of these Regulations. Offences, penalties and enforcement 32 1 If any person contravenes, or fails to comply with, any provision of these Regula tions, or knowingly or recklessly makes a false entry in any document required by these Regulations, he shall be guilty of an offence and shall be liable– a on summary conviction to a fine not exceeding the statutory maximum; or b on conviction on indictment to a fine or to imprisonment for a term not exceeding one year, or both. 2 Each district and islands council shall enforce and execute these Regulations in its area. Defence of due diligence 33 In any proceedings for an offence under these Regulations it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. Application of various sections of the Act 34 The following provisions of the Act shall apply for the purposes of these Regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these Regulations:– a section 41(2), (3) and (5) (which relates to prosecutions); b section 45 (which relates to a contravention due to default of some other person); and c section 46(2) (which relates to the conditions under which a warranty may be pleaded as a defence). Sanderson of Bowden Minister of State, Scottish Office St. Andrew’s House, Edinburgh 26th January 1990