Transmissible Spongiform Encephalopathies (Scotland) (Amendment) Regulations 2007
Tuesday 26 June 2007
The proposed changes to Schedule 6 to the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 would enable the current control arrangements on specified risk materials (SRM) to continue in Scotland. Similar consultations will take place in England, Wales and Northern Ireland.
All comments and views should be sent to:
Animal Food Chain and Novel Foods Branch
Food Standards Agency Scotland
6th Floor, St. Magnus House,
25 Guild Street
Aberdeen AB11 6NJ
Tel: 01224 285164
Fax: 01224 285168
Responses are requested by: 10 July 2007
Annex XI to the Community TSE Regulations currently contains the SRM controls and the transitional measures put in place while risk assessments were undertaken in countries outside the European Union. It forms the legal basis for the current Schedule 6 to the domestic TSE Regulations.
The European Commission will shortly adopt new simplified categories for the classification of BSE risk in Member States and countries outside the EC, which are more closely linked to the World Organisation for Animal Health (OIE) risk classification categories. The effect of this is that the transitional arrangements contained in Annex XI of the Community TSE Regulations are to be revoked and be replaced by a new Annex V.
The new Annex V to the EC legislation has not yet been formally published but we know it will contain SRM controls that are currently contained in Annex XI. As a consequence, a number changes will need to be made to the domestic legislation. The majority of these will simply change the cross references to the Community legislation. There is no significant change to the SRM controls themselves.
However, that said, we understand that there are a number of changes that may impact on some Food Business Operators, these are:
- in point 5 of the new Annex V of the Community regulation, which is implemented by paragraph 4 of Schedule 6 to the domestic TSE Regulation, mechanically recovered meat (MRM) is now known as mechanically separated meat (MSM). This is in line with the hygiene legislation. The definition of MSM in the Community regulation has been modified slightly and means the prohibition at paragraph 4(1) of Schedule 6 to the domestic legislation is now extended to exclude use of bone-in cuts of bovine, ovine and caprine animals for production of MSM. This corrects an anomaly, as in the previous Regulation, the prohibition referred to only recovery from bones, but as the potential risk from MSM production from bones and bone-in cuts is the same, the prohibition will apply to both
- point 6 of the new Annex V, which is implemented by paragraph 5 of Schedule 6 to the domestic regulation, retains the prohibition on pithing. However the prohibition will cease to apply if and when all Member States are classified as countries with negligible BSE risk. There is no immediate prospect of this occurring
- paragraph 9(3) of Schedule 6 to the domestic TSE Regulation will be amended to require the FBO to comply with point 11(3)(b) of the Community TSE Regulation. Point 11(3)(b) has an updated reference to current hygiene legislation. This confirms that the FBO consigning beef carcasses containing SRM vertebral column must include on the commercial document relating to the consignment of meat being transported information on the number of carcasses from which removal of vertebral column as SRM is required, and the number that do not require removal as SRM
Criterion 1 of the Cabinet Office Code of Practice states that a written consultation must be held for a minimum of 12 weeks for at least once during the development of the policy. This consultation is not being held for a full 12 weeks because the proposal is EU driven and the timescale for the introduction of the legislation is very tight. The new Community Regulation has yet to be published and it is expected to come into force 3 days after publication, probably 1 July 2007. This does not allow enough time for the normal consultation period as we must implement the changes to these important public health protection measures as soon as possible after they come into force. Consequently the consultation will be restricted to 2 weeks.
We regret that a draft amended Schedule 6 is not yet available for inclusion with this consultation package. We have explained above what the amended Schedule 6 will do, so its exclusion from this consultation is not considered significant. However, should it become available during the consultation period, it will be attached to this consultation document.
This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.
We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.
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In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.
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