Department for Environment, Food and Rural Affairs
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The Transmissible Spongiform Encephalopathies (England) regulations 2008 come into force
The Transmissible Spongiform Encephalopathies (England) Regulations 2008 come into force today. These revoke and remake, with amendments, the Transmissible Spongiform Encephalopathies (No 2) Regulations 2006, which enforced Regulation (EC) No 999/2001 of the European Parliament and the Council. These lay down the rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs), as amended.
The new Regulations include amendments that have been made in response to changes in EU legislation and as a result of experience gained in administering the 2006 Regulations since they came into force.
The principal changes are as follows:
* A new sub-paragraph allowing the Secretary of State to amend a Required Method of Operation (RMOP) to reflect technical or scientific developments in relation to the processing of OTM cattle.
* Powers of entry are clarified.
* A new paragraph making it an offence to submit a brain stem sample for testing if the bovine from which it was taken cannot be identified.
* Clarification of the action to be taken in the abattoir in the event of a "no test" result.
* Provision of a right of appeal on any decision to cull a cohort animal following an inspector's rejection of evidence alleging that the animal did not have access to the same feed as an animal affected with BSE.
* A new requirement for the owner of a BSE suspect or cohort animal to pay for valuation fees, in line with practice elsewhere in the domestic TSE legislation.
* A new paragraph enabling the Secretary of State to apply the options available of monitoring or whole flock/herd cull where atypical scrapie is confirmed. It sets out the provisions for administration of the options and the conditions with which occupiers need to comply.
* A new schedule addressing the Community obligations of Article 11 (Notifications) and Article 12 (Suspect Animals) of Regulation (EC) No 999/2001 in relation to the suspicion of TSE in non-bovine, non-ovine and non-caprine animals (specifically in relation to deer).
* Extension of the current labelling and documentation requirement for certain animal feed and ingredients.
* A technical amendment to incorporate into these Regulations the provisions of the Bovine Products (Restriction on Placing on the Market) (England) (No 2) Regulations 2005 as amended.
* The inclusion of legal powers to allow the Veterinary Laboratories Agency (VLA) to charge private BSE testing laboratories for approval and annual quality assurance, as proposed in the separate Defra consultation on responsibility and cost sharing. These powers would not be used unless there is a final policy decision that VLA should do so.
Notes to editors
1. A consultation exercise on the Regulations was carried out between 3 April and 26 June 2008. Ten responses were received. The consultation package and a summary of the responses, including the Government's conclusions following the consultation, is available on the Defra website at http://www.defra.gov.uk/corporate/consult/tseregs-2008/index.htm.
2. The number of BSE cases in the UK has declined from over 37,000 in 1992 to 67 in 2007. Most cases have been in cattle born before tough feed controls became effective on 1 August 1996. Cattle born or reared in the UK before this date are prohibited from entering food or feed chains and from export.
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