Scottish Government

BSE TESTING TO FACILITATE TRADE IN CATTLE AGED OVER THIRTY MONTHS FOR HUMAN CONSUMPTION

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Dear Sir/Madam

BSE TESTING TO FACILITATE TRADE IN CATTLE AGED OVER THIRTY MONTHS FOR HUMAN CONSUMPTION

Executive Summary

1. This letter seeks your views on proposals to amend existing domestic TSE legislation to, amongst other things, set the criteria which abattoirs will have to meet if they wish to slaughter Over Thirty Months (OTM) cattle for human consumption following any replacement of the current OTM rule with a robust testing regime. These requirements include a written agreement between the individual abattoir operator and the Meat Hygiene Service (MHS), in the form of a legally binding Required Methods of Operation (RMOP).

2. The proposed Regulations would amend the existing TSE (Scotland) Regulations 2002 to provide a legal basis for the RMOP. This requirement is based on the key components of the BSE testing system which have been identified by the Independent Advisory Group (IAG) set up by the Food Standards Agency (FSA) to advise on the robustness of the testing system. The RMOP will be set out in the Schedule to the proposed Regulations and a draft RMOP is attached at Annex A. We are also proposing to use this opportunity to give effect to a number of other amendments to the TSE Regulations, some of which result from changes made to the EU TSE legislation (Council Regulation 999/2001), others reflect the need to correct or clarify current legislation or are necessary to allow OTM animals into the food chain.

3. The proposed arrangements concerning the slaughter and testing of OTM cattle will not take effect until the FSA has advised and Ministers have agreed that the BSE testing regime is robust and changes have been made to the FSA legislation on the OTM rule ¹. The FSA are undertaking a separate consultation exercise on that legislation.

4. Separate consultations on proposals to make similar changes are being carried out in other parts of the UK.

Background

5. Ministers announced on 1 December 2004 the start of a managed transition towards the replacing the OTM rule with BSE testing. It was made clear in the announcement that a final switch from the OTM rule to testing would not take place until the FSA has advised, and Ministers have agreed, that the BSE testing system is robust. The change, when introduced, would bring the UK into line with arrangements that apply throughout the European Union, except that UK cattle born before August 1996 would remain permanently excluded from the food chain.

6. The FSA has set up an IAG, chaired by Professor Patrick Wall, to advise them on the robustness of the BSE testing regime. An initial report from the group, setting out its recommendations for the components of a testing system was considered and agreed by the FSA Board in December 2004. The FSA board also agreed that these components should be used in trials of the testing regime.

7. Part of the early work of this Group was the identification of the key components of a robust testing system, including consideration of the role of the plant specific RMOP. This document had been originally developed by Agriculture Departments, FSA, MHS and the industry to cover the slaughter and testing of casualty cattle aged 24-30 months and cattle from herds approved under the Beef Assurance Scheme (aged 30-42 months). The IAG reached an early conclusion that the key components of the testing regime, and their implementation as expressed in the plant specific RMOP, should have a legal basis in legislation.

8. The work of the IAG is now focused on the conduct and outcome of trials of the testing system. These forthcoming trials (due to begin in early March) may demonstrate a need for further amendments to the content of the RMOP, but it is hoped that the content of the key components of the testing system will not need significant adjustment. Any further amendments which may be required will be considered once the IAG have concluded their work.

Key Proposals

9. The key proposals are:

• that no-one should be permitted to slaughter OTM cattle for human consumption unless: -

(a) the abattoir occupier has notified the MHS in writing of their intention to slaughter OTM cattle for human consumption;

(b) a RMOP, based upon the proposed model to be set out in Regulations has been agreed between the abattoir occupier and the MHS; and,

(c) the provisions of the RMOP are complied with.

• If any of the above three conditions are not met, an offence will have been committed. In addition, the MHS will have the power to direct carcases and body parts for disposal by incineration, should there be non-compliance by the abattoir to the terms of the RMOP. In such cases, no compensation shall be paid.

10. In addition to the requirements for the slaughter of OTM cattle for human consumption, the draft Regulations also include a number of additional amendments to the TSE (England) Regulations 2002. Specifically, the Regulations -

• amend the definitions of 'inspector', 'local authority' 'vertebral column' and a new definition of 'young goat stamp', in Regulation 3 (Interpretation);
• rationalise the provisions of Regulation 33 (Removal of Specified Risk Material);
• make a consequential amendment to Regulation 36, paragraph (1)(a) and clarifies the definition of 'carcase' (Removal of vertebral column of bovine animals);
• clarify the scope of Regulation 35 (Removal of spinal cord);
• introduces in Regulation 41, the requirement for a young goat stamp in addition to the young lamb stamp and makes consequential amendments to Regulations 42, 43 and 44); and,

11. If Ministers are satisfied as to the robustness of the testing arrangements and OTM animals are once again slaughtered for human consumption, the vertebral column of OTM cattle will be classified as specified risk material. Bovine vertebral column cannot be removed in the slaughter house, so the carcase must be consigned to a cutting plant that is additionally licensed under Regulation 55 of the TSE (Scotland) 2002 Regulations, to remove vertebral column.

12. In addition, consultees, particularly abattoir and cutting plant operators, should be aware that one consequence of changing the OTM rule, will be enforcement of the current EU requirement that cattle not requiring vertebral column to be removed as SRM are identified with a blue stripe label. To date, this rule has not been enforced in the UK because of the existence of the OTM rule. However, once OTM cattle are allowed back into the human food chain, this legal requirement will need to take effect. The need for a blue stripe label was originally flagged up to stakeholders by the FSA in a consultation exercise, on amendments to the Community TSE Regulation, in August 2003.

Possible Additional Measures

13. The IAG would like to see the use of barcode readers and associated software become mandatory in the lairage of large and medium sized abattoirs handling OTM cattle for human consumption. However, the Group acknowledges that this requirement would not be practical in smaller plants. This check on the age of cattle would be additional to the checks on the passport and dentition, made by the MHS currently after slaughter. It would provide an additional control to ensure that cattle born before 1 August 1996 remain excluded from the human food chain and that Under Thirty Months (UTM) and OTM cattle are correctly identified before slaughter takes place. We would welcome your views on this proposal, particularly the definition of smaller plants which might be exempted from this requirement.

14. The IAG has also stressed the importance of ensuring that the brain stem sample taken in the abattoir should include tissue of the highest possible test sensitivity. We are therefore proposing to make it a legal requirement that samples for testing for BSE must include the obex region of the brainstem. If obex material is not present, the approved testing laboratory will report a 'no-test' result, and the carcase and body parts of the animal (including the blood and hide) will have to be disposed of by incineration. Again, we would value your views on this proposal.

15. Although the Regulations will make it an offence for abattoirs to slaughter OTM cattle for human consumption without prior written notification and an agreed RMOP, we anticipate that there will be occasions where abattoirs which do not handle OTM cattle, will receive an OTM animal due to a genuine misunderstanding. Under current disease control legislation, such animals may not be moved to another abattoir which could slaughter them. We would therefore welcome your views on how such animals should be treated by the abattoir receiving them, bearing in mind that such animals will need to be tested for BSE. whether or not they are destined for human consumption.

Other Changes to the TSE (Scotland) Regulations 2002

16. We are proposing to take this opportunity to amend certain provisions of the domestic TSE legislation mainly to reflect changes in EU legislation and correct some anomalies. It should be noted that SEERAD intends to undertake within the next few months, a further consultation exercise on a major consolidation of the TSE (Scotland) Regulations 2002. This future consolidation will involve significant restructuring and rationalisation of the existing legislation.

17. We are not currently in a position to include a copy of the draft Regulations in the consultation package. If you would like to receive a copy of the draft Scottish SI, once it becomes available, please contact Mr Bob Sutherland (Tel: 0131 244 5246).

18. If you wish to comment on these proposed changes then please submit your response, together with the completed permissions form, attached at Annex B, to Mr Sutherland, in Room 349 at the above address. Alternatively, you can submit your response by electronic mail to Robert.Sutherland@scotland.gsi.gov.uk. I would be grateful if you would let Mr Sutherland have any such comments by 27 May 2005. Your response cannot be made public until the respondee information form is returned to us and we are obliged to write again to those who do not complete it.

Yours faithfully

ANDREW L TAYLOR

BSE TESTING TO FACILITATE TRADE IN CATTLE AGED OVER THIRTY MONTHS FOR HUMAN CONSUMPTION: DISTRIBUTION LIST

All Local Authorities in Scotland
All DVMs Scotland
All Red Meat (Cattle) Slaughterhouses in Scotland
Action of Churches Together in Scotland
Blackface Sheep Breeders Association
British Medical Association (Scottish Branch)
British Society of Animal Production
British Society of Animal Science
British Veterinary Association (Scottish Branch)
Catholic Parliamentary Office
CBI Scotland
Central Farmers Ltd
Church of Scotland
CJD Surveillance Unit
COSLA
Crofters Commission
East of Scotland Farmers Ltd
Eric Liddle Centre
European Committee of the Scottish Parliament
Federation of Small Businesses
Federation of Wholesale Distributors
Food Standards Agency(Scotland)
Hannah Research Institute
Health and Safety Executive
Highlands & Islands Enterprise
Highlands and Islands Livestock Ltd
Hospital Caterers Association
Institute of Auctioneers & Appraisers in Scotland
LGC Penicuik
Librarian, Scottish Executive
MacSweens of Edinburgh
Meat and Livestock Commission
Meat Hygiene Service
Moredun Research Institute
National Cattle Association (Dairy)
National Farmers Union of Scotland
National Sheep Association
National Livestock Traders & Producers Association
North Country Cheviot Sheep Society
Pakistan Society of Edinburgh
Quality Meat Scotland
Rowett Research Institute
Royal Dick Veterinary College
Royal Environmental Health Institute of Scotland
Royal Highland and Agric. Society of Scotland
Rural Development Committee of the Scottish Parliament
Scottish Agricultural College
SAC Veterinary Science Division
Scottish Agricultural Organisation Society Ltd
Scottish Association of Master Bakers
Scottish Association of Meat Wholesalers
Scottish Beef Council
Scottish Centre for Inspection & Env Health
Scottish Chamber of Commerce
Scottish Churches Parliamentary Office
Scottish Conservative & Unionist Party
Scottish Consumer Council
Scottish Co-operative Wholesale Society Ltd
Scottish Crofters Federation Head Office
Scottish Dairy Association
Scottish Enterprise
Scottish Environment Protection Agency
Scottish Federation of Meat Traders Associations
Scottish Food Advisory Committee
Scottish Food & Drink Federation
Scottish Green Party
Scottish Grocers' Federation
Scottish Inter Faith Council
Scottish Labour Party
Scottish Liberal Democrats
Scottish Meat Industry Liaison Group
Scottish National Party
Scottish Parliament
Scottish Rural Property Business Association
Scrapie & Related Diseases Advisory Services
Shetland Agricultural Association
Shetland Sheep Society
Sheep Veterinary Association
The Independent Farming Group
Wholesale Grocers Association of Scotland
Women's Farming Union

SEERAD: AHW-4
March 2005

ANNEX A

REQUIREMENTS TO BE COVERED BY AGREEMENTS RELATING TO THE SLAUGHTER OF BOVINE ANIMALS OVER 30 MONTHS OF AGE

1. Animal identification and separation

There must be a reliable system for identifying on arrival at the slaughterhouse-

(a) bovine animals born before 1st August 1996; and

(b) bovine animals born on or after 1 August 1996.

There must be a reliable system for ensuring that no bovine animal born before 1st August 1996 is slaughtered for human consumption.

The bovine animals which are over 30 months of age but born on or after 1 August 1996 must be clearly identified.

The bovine animals which are over 30 months of age but born on or after 1 August 1996 and the bovine animals which are 30 months of age and under must be separated into batches for subsequent separate slaughter.

2. Brain stem sampling

There must be sufficient slaughterhouse staff trained and competent in the taking, labelling, packaging and despatch of brain stem samples. Health and Safety guidelines to minimise the risk of exposure to bovine spongiform encephalopathy must be followed and hygienic facilities must be provided. Sampling procedures must not jeopardise the hygienic production of meat intended for human consumption.

3. Correlation of sample to carcase and all other body parts.

There must be a reliable system for linking the brain stem sample of each bovine animal over 30 months of age to the carcase of that animal and all other parts of the body of that animal including the blood and the hide.

4. Retention of carcases and all other body parts

There must be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that the carcase of a bovine animal tested for bovine spongiform encephalopathy ("the tested animal") plus the carcase of-

(a) the bovine animal immediately preceding the tested animal, and

(b) each of the two bovine animals immediately following the tested animal,

on the slaughter line are retained in slaughter order in either a sealed chiller or on a sealed rail in an unsealed chiller, pending the receipt of the results of the rapid test.

There must also be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that all parts of the body, including the blood and hide, but excluding the carcase ("the body parts") -

(a) of a tested animal plus the body parts of-

(i) the bovine animal immediately preceding the tested animal, and

(ii) the two bovine animals immediately following the tested animal,

on the slaughter line, and

(b) mixed batches of the body parts of both any bovine animal and a tested animal,

are disposed of by incineration or, with the exception of hides, retained at the slaughterhouse until rapid test results are available.

Hides not retained at the slaughterhouse must be retained at premises under official control until rapid test results are available.

5. Delivery of sample to testing laboratory

Brain stem samples for testing for bovine spongiform encephalopathy must be packaged and delivered to the approved testing laboratory in a testable condition. The samples shall be packaged and labelled in accordance with packaging instructions P650 of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1st January 2005).

6. Receipt of rapid test results by the abattoir

There must be a system for the receipt of the correct test results from the laboratory, either by fax, or by other electronic means.

7. Action following a positive or 'no test' result.

There must be effective arrangements to ensure that the carcase and all other parts of the body, including the blood and the hide ("the whole body") of any bovine animal which tested positive for bovine spongiform encephalopathy ("the BSE positive animal"), plus the whole body of the bovine animal immediately preceding the BSE positive animal and of each of the two bovine animals immediately following the BSE positive animal on the slaughter line (including any batched materials), are identified and disposed of by incineration.

There must be identical arrangements for the identification and disposal of the whole body of a bovine animal samples of which cannot be tested for any reason ("the no test animal"), but applied in respect of the no test animal only. (It is not required that the arrangements must apply to the bovine animal immediately preceding the no test animal and the two bovine animals immediately following the no test animal on the slaughter line).

8. Removal of vertebral column in cutting premises licensed under regulation 55(1)

There must be effective arrangements to ensure that the vertebral column is not removed from the carcase of a bovine animal over 30 months of age which has tested negative for bovine spongiform encephalopathy in the slaughterhouse but is removed from the carcase in cutting premises licensed under regulation 55(1).

9. Testing of the effectiveness of the controls put in place

Before the occupier of a slaughterhouse slaughters a bovine animal over 30 months of age, any part of which is intended for human consumption, there must be a test of all the control procedures referred to in the requirements set out in paragraphs 1 to 8 of this Schedule by means of a trial using bovine animals under 30 months old, which demonstrates that all of the control procedures are effective.

SEERAD: AHW-4
March 2005

ANNEX B

Footnote

1 The Fresh Meat (Beef Controls) (No 2) Regulations 1996 (as amended)