European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations, 2008

• Jurisdiction: Ireland

S.I. No. 252 of 2008

EUROPEAN COMMUNITIES (TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES AND ANIMAL BY-PRODUCTS) REGULATIONS 2008

ARRANGEMENT OF REGULATIONS

Part 1

Preliminary and General

1. Citation

2. Interpretation

Part 2

Sale and supply, etc.

3. Placing on the market

4. Restriction on import

5. Restriction on manufacture, possession etc

6. Labelling

7. Precaution relating to farmed animals

8. Sale restricted to fixed premises

Part 3

Testing of animals

9. Testing of certain animals

Part 4

Regulation of certain activities

10. Approval and authorisation of certain activities

11. Burial

12. Research

13. Use of animal by-products

14. Register of fishmeal and blood product users

15. Animal by-products transport register

16. Procedure for approval and authorisation, etc

17. List of approvals and authorisations

18. Records

Part 5

Authorised officers and related matters

19. Appointment of authorised officers

20. Functions of authorised officers

21. Functions in relation to approval, etc.

22. Search warrant

23. Production of documents

24. Compliance notice

25. Appeal against compliance notice

26. Emergency measures

Part 6

Offences and final provisions

27. Forgery

28. Service

29. Fees

30. Offences

31. Prosecutions

32. Evidence on certificate

33. Fixed payment notice

34. Savers

35. Revocations

Schedule

S.I. No. 252 252 of 2008

EUROPEAN COMMUNITIES (TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES AND ANIMAL BY-PRODUCTS) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th August, 2008.

I, BRENDAN SMITH, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Regulation (EC) No. 999/2001 of the European Parliament and the Council of 22 May 2001 1 , Commission Regulation (EC) No. 1248/2001 of 22 June 2001 2 , Commission Regulation (EC) No. 1326/2001 of 29 June 2001 3 , Commission Regulation (EC) No. 270/2002 of 14 February 20024 , Commission Regulation (EC) No. 1494/2002 of 21 August 2002 5 , Commission Regulation (EC) No. 260/2003 of 12 February 20036 , Commission Regulation (EC) No. 650/2003 of 10 April 2003 7 , Commission Regulation (EC) No. 1053/2003 of 19 June 2003 8 , Regulation (EC) No. 1128/2003 of the European Parliament and the Council of 16 June 2003 9 , Commission Regulation (EC) No. 1139/2003 of 27 June 2003 10 , Commission Regulation (EC) No. 1234/2003 of 10 July 2003 11 , Commission Regulation (EC) No. 1809/2003 of 15 October 2003 12 , Commission Regulation (EC) No. 1915/2003 of 30 October 2003 13 , Commission Regulation (EC) No. 2245/2003 of 19 December 2003 14 , Commission Regulation (EC) No. 876/2004 of 29 April 2004 15 , Commission Regulation (EC) No. 1471/2004 of 18 August 2004 16 , Commission Regulation (EC) No. 1492/2004 of 23 August 2004 17 , Commission Regulation (EC) No. 1993/2004 of 19 November 2004 18 , Commission Regulation (EC) No. 36/2005 of 12 January 2005 19 , Commission Regulation (EC) No. 214/2005 of 9 February 2005 20 , Commission Regulation (EC) No. 260/2005 of 16 February 2005 21 , Commission Regulation (EC) No. 932/2005 of 8 June 2005 22 , Commission Regulation (EC) No. 1292/2005 of 5 August 2005 23 and Commission Regulation (EC) No. 1974/2005 of 2 December 2005 24 , Commission Regulation (EC) No. 253/2006 of 14 February 2006 25 , Commission Regulation (EC) No. 339/2006 of 24 February 2006 26 and Commission Regulation (EC) No. 657/2006 of 10 April 2006 27 , Commission Regulation (EC) No. 688/2006 of 4 May 2006 28 , Commission Regulation (EC) No. 1041/2006 of 7 July 2006 29 , Regulation (EC) No. 1923/2006 of 18 December 2006 of the European Parliament and of the Council 30 , Commission Regulation (EC) No. 722/2007 of 25 June 2007 31 , Commission Regulation (EC) No. 727/2007 of 26 June 2007 32 , Commission Regulation (EC) No.1275/2007 of 29 October 2007 33 , Commission Regulation (EC) No. 1428/2007 of 4 December 2007 34 , Commission Regulation (EC) No. 21/2008 of 11 January 2008 35 , Commission Regulation (EC) No. 315/2008 of 4 April 2008 36 , Commission Regulation (EC) No. 357/2008 of 22 April 2008 37 , Commission Regulation (EC) No. 571/2008 of 19 June 2008 38 , Regulation (EC) No. 1774/2002 of the European Parliament and the Council of 3 October 2002 39 , Commission Regulation (EC) No. 808/2003 of 12 May 2003 40 , Commission Regulation (EC) No. 811/2003 of 12 May 2003 41 , Commission Regulation (EC) No. 668/2004 of 10 March 2004 42 , Commission Regulation (EC) No. 878/2004 of 29 April 2004 43 , Commission Regulation (EC) No. 79/2005 of 19 January 2005 44 , Commission Regulation (EC) No. 92/2005 of 19 January 2005 45 , Commission Regulation (EC) No. 93/2005 of 19 January 2005 46 , Commission Regulation (EC) No. 416/2005 of 11 March 2005 47 , Commission Regulation (EC) No. 2067/2005 of 16 December 2005 48 , Commission Regulation (EC) No. 181/2006 of 1 February 2006 49 , Commission Regulation (EC) No. 197/2006 of 3 February 2006 50 , Commission Regulation (EC) No. 208/2006 of 7 February 2006 51 , Commission Regulation (EC) No. 209/2006 of 7 February 2006 52 , Commission Regulation (EC) No. 1192/2006 of 4 August 2006 53 , Commission Regulation (EC) No. 1678/2006 of 14 November 2006 54 , Commission Regulation (EC) No. 185/2007 of 20 February 2007 55 , Commission Regulation (EC) No. 829/2007 of 28 June 2007 56 , Commission Regulation (EC) No. 832/2007 of 16 July 2007 57 , Commission Regulation (EC) No 1256/2007 of 25 October 2007 58 , Commission Regulation (EC) No. 1432/2007 of 5 December 2007 59 , Commission Regulation (EC) No. 1576/2007 of 21 December 2007 60 , Commission Regulation (EC) No. 399/2008 of 5 May 2008 61 , Commission Regulation (EC) No. 437/2008 of 21 May 2008 62 , Commission Regulation (EC) No. 523/2008 of 11 June 2008 63 , hereby make the following Regulations—

Part 1 Preliminary and General

Citation

1. These Regulations may be cited as the European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008.

Interpretation

2. (1) In these Regulations—

“Animal By-products Regulation” means Regulation (EC) No. 1774/2002 of the European Parliament and the Council of 3 October 2002 as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003, Commission Regulation (EC) No. 811/2003 of 12 May 2003, Commission Regulation (EC) No. 668/2004 of 10 March 2004, Commission Regulation (EC) No. 878/2004 of 29 April 2004, Commission Regulation (EC) No. 79/2005 of 19 January 2005, Commission Regulation (EC) No. 92/2005 of 19 January 2005, Commission Regulation (EC) No. 93/2005 of 19 January 2005, Commission Regulation (EC) No. 416/2005 of 11 March 2005, Commission Regulation (EC) No. 2067/2005 of 16 December 2005, Commission Regulation (EC) No. 181/2006 of 1 February 2006, Commission Regulation (EC) No. 197/2006 of 3 February 2006, Commission Regulation (EC) No. 208/2006 of 7 February 2006, Commission Regulation (EC) No. 209/2006 of 7 February 2006, Commission Regulation (EC) No. 1192/2006 of 4 August 2006, Commission Regulation (EC) No. 1678/2006 of 14 November 2006, Commission Regulation (EC) No. 185/2007 of 20 February 2007, Commission Regulation (EC) No. 829/2007 of 28 June 2007, Commission Regulation (EC) No. 1256/2007 of 25 October 2007, Commission Regulation (EC) No. 1432/2007 of 5 December 2007, Commission Regulation (EC) No. 1576/2007 of 21 December 2007, Commission Regulation (EC) No. 399/2008 of 5 May 2008, Commission Regulation (EC) No. 437/2008 of 21 May 2008 and Commission Regulation (EC) No. 523/2008 of 11 June 2008;

“authorised officer” means—

(a) a sea fisheries protection officer within the meaning of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006),

(b) an authorised officer within the meaning of section 17A (inserted by the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001)) of the Diseases of Animals Act 1966 (No. 6 of 1966),

(c) an authorised officer within the meaning of the European Communities (Food and Feed Hygiene) Regulations 2005 ( S.I. No. 910 of 2005 ),

(d) a person who, immediately before the making of these Regulations was an authorised officer within the meaning of the European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2006 ( S.I. No. 612 of 2006 ),

(e) an authorised officer within the meaning of the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998),or

(f) a person appointed under Regulation 19;

“manufacture” means total or partial manufacture and includes incorporating, processing, compounding, formulating, filling, dividing up, packaging, labelling and presentation;

“Minister” means Minister for Agriculture, Fisheries and Food;

“premises” includes land (including land under water) with or without buildings, an establishment, a vehicle (including a boat, ship, hovercraft, aircraft or offshore installation (within the meaning of the Safety, Health and Welfare (Offshore Installations) Act 1987 (No. 18 of 1987)), railway wagon, container or other thing used in connection with, or ancillary to such a thing;

“purchase” includes buy, take in exchange, accept as a gift or otherwise receive;

“sell” includes offer, expose or keep for sale, invite an offer to buy, or distribute for reward or otherwise (whether directly or through another person);

“supply” means to give without reward;

“TSE Regulation” means Regulation (EC) No. 999/2001 of the European Parliament and the Council of 22 May 2001 as amended by Commission Regulation (EC) No. 1248/2001 of 22 June 2001, Commission Regulation (EC) No. 1326/2001 of 29 June 2001, Commission Regulation (EC) No. 270/2002...