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From: TSS (
Subject: The TSE (Scotland) Amendment (No. 2) Regulations 2005
Date: November 1, 2004 at 8:49 am PST

-------- Original Message --------
Subject: The TSE (Scotland) Amendment (No. 2) Regulations 2005
Date: Mon, 1 Nov 2004 10:55:32 -0600
From: "Terry S. Singeltary Sr."
Reply-To: Bovine Spongiform Encephalopathy

The TSE (Scotland) Amendment (No. 2) Regulations 2005
Monday, 01 November 2004

Views and comments are sought on a proposal to amend the TSE (Scotland)
Regulations 2002

All comments and views should be sent to:
David M Roy
Animal Food Chain and Novel Foods Branch
Food Standards Agency Scotland
6TH Floor, St. Magnus House
25 Guild Street
AB11 6NJ

Tel: 01224 285138
Fax: 01224 285168

Responses are requested by: 1 February 2005

Consultation details
The amendment will enable the enforcement and administration of
additional requirements in relation to specified risk material (SRM),
which are contained in amendments to the directly applicable European
Community TSE legislation, EC Regulation 999/2001, which have yet to be
incorporated into domestic legislation.

This will be achieved by extending the definition of 'Community
Transitional Measures' in Regulation 3(1) of the TSE (Scotland)
Regulations 2002 to cover three additional amendments to EC Regulation
999/2001 in order to be able to fully enforce all requirements relating
to the controls on SRM. A copy of the draft regulation is attached at
the foot of this page.

Publication of responses to the consultation
All comments received may be made available for public examination. If
you would prefer your comments not to be made publicly available, please
indicate this in your letter, explaining the reasons.

The TSE (Scotland) Regulations 2002 is the domestic legislation for the
enforcement and administration of EC Regulation 999/2001. There have
been a number of amendments to the Community Regulation that are not yet
reflected in domestic legislation. EC Regulation 999/2001 is directly
applicable legislation which must be complied with by all Member States.
Nevertheless this letter is seeking your views on a proposal to
incorporate SRM related amendments into domestic legislation. If
legitimate concerns are raised by this consultation exercise then the
opportunity exists for the Agency to raise them with theCommission and
propose further amending legislation.

As these amendments are also directly applicable in Member States, and
even though they are not yet covered by domestic TSE legislation, we
expect that operators are already in compliance. Furthermore, operators
are legally obliged to dispose of SRM, as defined in the Community TSE
Regulation 999/20001 (as amended) according to the rules set out in
Article 4.2 of EC Regulation 1774/2002 concerning animals by products
and enforced in the UK through the Animal By-products Regulations 2003.
This should already ensure that the SRM, newly defined in these EU
amendments, is disposed of as a category 1 animal by-product and does
not enter the food chain. The amendments are:

a) EC Regulation 1494/2002: This came into force in August 2002 and had
the effect of excluding certain parts of bovine vertebral column from
the definition of SRM. The excluded parts were and still are the
transverse processes of the lumbar and thoracic vertebrae and the wings
of the sacrum.

b) EC Regulation 1139/2003: The changes contained here were the subject
of consultation by the Agency in January 2003 after they were proposed
by the Commission and again in August 2003 after the amending Regulation
was adopted into EU law. The Regulation became applicable from October
2003 and had the following effects:

The ileum of sheep and goats of all ages became SRM
This meant that the ileum must be separated from the rest of the small
intestine in the slaughterhouse, and be stained and disposed of as SRM.
It is not believed that ileum was widely used in food production prior
to its classification as SRM.

The tonsils of cattle of all ages became SRM
Previously, only the tonsils of cattle aged over six months at slaughter
were SRM. However under separate EU-wide hygiene regulations, tonsils
from these young cattle are already prevented entering the food chain.
Therefore the only impact of this change was to require tonsils from
cattle under six months of age to be disposed of as SRM.

Cattle tongue removal
EC Regulation 1139/2003 introduced a requirement for cattle tongues to
be harvested at the slaughterhouse by a transverse cut rostral to the
lingual process of the basihyoid bone. We believe that this process was
already in use in most, if not all, plants in the UK.

Imported bovine carcases containing vertebral column
The Regulation extended the cuts of bone-in bovine carcases that could
be imported to include half-carcases cut into no more than three
wholesale cuts.

c) EC Regulation 1492/2004: This came into force in September 2004 and
had the effect of excluding additional parts of bovine vertebral column
from the definition of SRM. The additionally excluded parts are the
spinous processes of the cervical, thoracic and lumbar vertebrae, the
transverse processes of the cervical vertebrae and the median sacral
crest. The definition of SRM bovine vertebral column is now as follows:

'The vertebral column excluding the vertebrae of the tail, the spinous
and transverse processes of the cervical, thoracic and lumbar vertebrae
and the median sacral crest and wings of the sacrum, but including the
dorsal root ganglia'.

This amendment has been introduced on the basis of practicality in
relation to boning practices. This means that when removing or boning
out the vertebral column, any remnants of the excluded parts that might
remain in the meat need not be removed and treated as SRM.

We would welcome your comments on any benefits or drawbacks resulting
from these changes

* The TSE (Scotland) Amendment (No. 2) Regulations 2005

Regulatory Impact Assessment (pdf 20kb)

* The TSE (Scotland) Amendment (No. 2) Regulations 2005

Scottish Statutory Instrument (pdf 12kb)


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