European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2006

• Jurisdiction: Ireland
• Year: 2006
• Citation: IR SI 612/2006

S.I. No. 612 of 2006
EUROPEAN COMMUNITIES (TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES AND ANIMAL BY-PRODUCTS) REGULATIONS 2006
ARRANGEMENT OF REGULATIONS
1. Citation and commencement 2. Interpretation 3. Placing on the market 4. Restriction on import 5. Restriction on manufacture, possession etc 6. Labelling 7. Storage and transport of processed animal protein 8. Sale restricted to fixed premises 9. Testing of certain animals 10. Approval of plants 11. Burial etc 12. Research etc. 13. Use of animal by-products 14. Register of home compounders 15. Animal by-products transport register. 16. Appointment of authorised officers 17. Functions of authorised officers 18. Search warrant 19. Compliance notice 20. Forgery 21. Service 22. Fees 23. Offences 24. Prosecution 25. Evidence on certificate 26. Production of documents 27. Fixed payment notice 28. Savers 29. Construction and transfer of certain functions 30. Revocations Schedule
S.I. No. 612 of 2006
EUROPEAN COMMUNITIES (TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES AND ANIMAL BY-PRODUCTS) REGULATIONS 2006
I, Mary Coughlan, Minister for Agriculture 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 20011 , Commission Regulation (EC) No. 1248/2001 of 22 June 20012 , Commission Regulation (EC) No. 1326/2001 of 29 June 20013 , Commission Regulation (EC) No. 270/2002 of 14 February 20024 , Commission Regulation (EC) No. 1494/2002 of 21 August 20025 , Commission Regulation (EC) No. 260/2003 of 12 February 20036 , Commission Regulation (EC) No. 650/2003 of 10 April 20037 , Commission Regulation (EC) No. 1053/2003 of 19 June 20038 , Regulation (EC) No. 1128/2003 of the European Parliament and the Council of 16 June 20039 , Commission Regulation (EC No. 1139/2003 of 27 June 200310 , Commission Regulation (EC) No. 1234/2003 of 10 July 200311 , Commission Regulation (EC) No. 1809/2003 of 15 October 200312 , Commission Regulation (EC) No. 1915/2003 of 30 October 200313 , Commission Regulation (EC) No. 2245/2003 of 19 December 200314 , Commission Regulation (EC) No. 876/2004 of 29 April 200415 , Commission Regulation (EC) No. 1471/2004 of 18 August 200416 , Commission Regulation (EC) No. 1492/2004 of 23 August 200417 , Commission Regulation (EC No. 1993/2004 of 19 November 200418 , Commission Regulation (EC) No. 36/2005 of 12 January 200519 , Commission Regulation (EC) No. 214/2005 of 9 February 200520 , Commission Regulation (EC) No. 260/2005 of 16 February 200521 , Commission Regulation (EC) No. 932/2005 of 8 June 200522 , Commission Regulation (EC) No. 1292/2005 of 5 August 200523 and Commission Regulation (EC) No. 1974/2005 of 2 December 200524 , Commission Regulation (EC) No. 253/2006 of 14 February 200625 , Commission Regulation (EC) No. 339/2006 of 24 February 200626 and Commission Regulation (EC) No. 657/2006 of 10 April 200627 , Regulation (EC) No. 1774/2002 of the European Parliament and the Council of 3 October 200228 , Commission Regulation (EC) No. 808/2003 of 12 May 200329 , Commission Regulation (EC) No. 811/2003 of 12 May 200330 , Commission Regulation (EC) No. 668/2004 of 10 March 200431 , Commission Regulation (EC) No. 878/2004 of 29 April 200432 , Commission Regulation (EC) No. 79/2005 of 19 January 200533 , Commission Regulation (EC) No. 92/2005 of 19 January 200534 , Commission Regulation (EC) No. 93/2005 of 19 January 200535 , Commission Regulation (EC) No. 416/2005 of 11 March 200536 , Commission Regulation (EC) No. 181/2006 of 1 February 200637 , Commission Regulation (EC) No. 2067/2005 of 16 December 200538 , Commission Regulation (EC) No. 197/2006 of 3 February 200639 , Commission Regulation (EC) No. 208/2006 of 7 February 200640 and Commission Regulation (EC) No. 209/2006 of 7 February 200641 , hereby make the following Regulations—
	Citation and commencement	1. These Regulations may be cited as the European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2006 and come into operation on 1 September 2006.
	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 7 February 2006 and Commission Regulation (EC) No. 209/2006 of 7 February 2006;
“authorised officer” means—
(a) an authorised officer within the meaning of the Food Hygiene Regulations 1950 to 1999,
(b) a sea fisheries protection officer within the meaning of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006),
(c) an authorised officer within the meaning of section 17A (inserted by the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2003) of the Diseases of Animals Act 1966 (No. 6 of 1966),
(d) an authorised officer within the meaning of the European Communities (Food and Feed Hygiene) Regulations 2005 ( S.I. No. 910 of 2005 ),
(e) a person who, immediately before the making of these Regulations was an authorised officer within the meaning of the European Communities (Animal By-products) Regulations 2003 ( S.I. No. 248 of 2003 ), or
(f) a person appointed under Regulation 16.
“manufacture” means total or partial manufacture and includes incorporating, processing, compounding, formulating, filling, dividing up, packaging, labelling and presentation and cognate words are construed accordingly;
“Minister” means, subject to Regulation 29, the Minister for Agriculture 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 (being an 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, a thing aforesaid;
“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 of 14 February 2002, Commission Regulation (EC) No. 1494/2002 of 21 August 2002, Commission Regulation (EC) No. 260/2003 of 12 February 2003, Commission Regulation (EC) No. 650/2003 of 10 April 2003, Commission Regulation (EC) No. 1053/2003 of 19 June 2003, Regulation (EC) No. 1128/2003 of the European Parliament and the Council of 16 June 2003, Commission Regulation (EC) No. 1139/2003 of 27 June 2003, Commission Regulation (EC) No. 1234/2003 of 10 July 2003, Commission Regulation (EC) No. 1809/2003 of 15 October 2003, Commission Regulation (EC) No. 1915/2003 of 30 October 2003, Commission Regulation (EC) No. 2245/2003 of 19 December 2003, Commission Regulation (EC) No. 876/2004 of 29 April 2004 Commission Regulation (EC) No. 1471/2004 of 18 August 2004, Commission Regulation (EC) No. 1492/2004 of 23 August 2004, Commission Regulation (EC) No. 1993/2004 of 19 November 2004, Commission Regulation (EC) No. 36/2005 of 12 January 2005, Commission Regulation (EC) No. 214/2005 of 9 February 2005, Commission Regulation (EC) No. 260/2005 of 16 February 2005, Commission Regulation (EC) No. 932/2005 of 8 June 2005, Commission Regulation (EC) No. 1292/2005 of 5 August 2005 and Commission Regulation (EC) No. 1974/2005 of 2 December 2005, Commission Regulation (EC) No. 253/2006 of 14 February 2006, Commission Regulation (EC) No. 339/2006 of 24 February 2006 and Commission Regulation (EC) No. 657/2006 of 10 April 2006;
“vehicle” includes a trailer, container or other thing used in connection with the vehicle.
(2) A word or expression that is used in the Animal By-products Regulation, the TSE Regulation or another act of the institutions of the European Community cited in these Regulations and is also used in these Regulations has, in these Regulations, the same meaning as in the Animal By-products Regulation, the TSE Regulation or act cited.
	Placing on the market	3. A person shall not place on the market or export-
(a) a petfood, dogchew or technical product (other than those referred to in Article 20 (2) and (3) of the Animal By-products Regulation) or a product to which Annex VIII to the Animal By-products Regulation refers,
(b) an organic fertilizer referred to in Article 20(2) of the Animal By-products Regulation, or
(c) a fat derivative referred to in Article 20(3) of the Animal By-products Regulation,
other than in accordance with...