Statutory Instrument 2002 No. 843

The TSE (England) Regulations 2002

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© Crown Copyright 2002

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Interpretation
     3.  - (1) In these Regulations, unless the context otherwise requires - 

"ABPO approved", in relation to premises, means approved under article 7, or registered under article 12, of the Animal By-Products Order 1999[3]; and "ABPO approval" shall be construed accordingly;

"the Agency" means the Food Standards Agency;

"agricultural land" means land used or capable of use for the purposes of a trade or business in connection with agriculture;

"agriculture" includes fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, the use of land for woodlands, and horticulture (except the propagation of plants and the growing of plants within greenhouses and glass or plastic structures);

"animal by-product" has the same meaning as in the Animal By-Products Order 1999;

"catering waste" has the same meaning as in the Animal By-Products Order 1999;

"the Commission Decision" means Commission Decision 2001/9/EC[4] concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;

"the Community TSE Regulation" means Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies[5];

"the Community Transitional Measures" means - 

(a) Commission Regulation (EC) No 1248/2001 of 22 June 2001 amending Annexes III, X and XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards epidemio-surveillance and testing of transmissible spongiform encephalopathies[6];

(b) Commission Regulation (EC) No 1326/2001 of 29 June 2001 laying down transitional measures to permit the changeover to Regulation (EC) No 999/2001 of the European Parliament and of the Council for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation[7]; and

(c) Commission Regulation (EC) No 270/2002 of 14 February 2002 amending Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards specified risk material and epidemio-surveillance for transmissible spongiform encephalopathies and amending Regulation (EC) No 1326/2001 as regards animal feeding and placing on the market of ovine and caprine animals and products thereof[8];

"the Council Decision" means Council Decision 2000/766/EC[9] concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;

"cutting premises" means premises used for the purpose of cutting up fresh meat intended for sale for human consumption;

"the Divisional Veterinary Manager" means the veterinary inspector appointed for the time being by the Secretary of State to receive information in relation to animals suspected of being affected by a TSE or animals affected by a TSE, or the carcases of such animals, for the area in which such animals or carcases are;

"farmed animal" means any creature, including a fish, which is kept, fattened or bred for the production of food;

"feedingstuff" has the meaning given to it by section 66(1) of the Agriculture Act 1970[10], save that it shall apply to products and substances for oral feeding to any creature except a human being, and section 66(2)(b) of that Act shall have effect for the purposes of these Regulations as it does for the purposes of that Act;

"food" has the same meaning as in the Food Safety Act 1990[11];

"inspector" means - 

(a) a person appointed as such for the purposes of these Regulations by the Secretary of State, including a veterinary inspector;

(b) a person appointed as such for the purposes of these Regulations by the Agency including, in relation to Part IV of these Regulations, a person - 


(i) designated as an OVS in accordance with regulation 8(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995[12]; and

(ii) appointed as an inspector in accordance with regulation 8(2) of those Regulations; and



(c) a person appointed as such for the purposes of these Regulations by a local authority in relation to its enforcement responsibilities under these Regulations.

"listed premises" means those premises listed by the Agency as being listed premises for the purposes of these Regulations and published by notice in the London Gazette;

"livestock" means - 

(a) any creature, including a fish, kept, fattened or bred for the production of food, wool, skin or fur;

(b) any creature other than a dog kept for use in the farming of land; and

(c) any equine animal;

"local authority" means - 

(a) in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994[13], a unitary authority for that local government area, that authority;

(b) in any part of England where there is no such unitary authority - 


(i) in a metropolitan district, the council of that district;

(ii) in a non-metropolitan county, the council of that county; or

(iii) in each London borough, the council of that borough;



(c) as respects the City of London, the Common Council;

(d) as respects the Isles of Scilly, the Council of the Isles of Scilly; or

(e) where there is a Port Health Authority, that authority in addition to the authority specified in paragraphs (a), (b) or (c) above;

"MBM product" means any product containing mammalian meat and bone meal;

"mammalian meat and bone meal" means - 

(a) mammalian protein (including greaves), other than processed animal protein, derived from the whole or part of any dead mammal by - 


(i) the process of rendering; or

(ii) in the case of a product or material originating outside England, by an equivalent process; or



(b) any material derived from mammalian protein,

and for this purpose "protein" means any proteinaceous material which is derived from a carcase but does not include milk or any milk product;

"monitoring notification", in respect of any category of notifiable animal, means a notification of the death of the animal to the Secretary of State;

"a notifiable animal" means any TSE susceptible animal in relation to which the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation applies;

"OVS" means an official veterinary surgeon designated as such in accordance with regulation 8(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995;

"occupier", in relation to any premises, means any person carrying on a business there;

"premises" means any place, including any land, building, structure (moveable or otherwise), tent or vehicle, - 

(a) in which TSE susceptible animals may be bred, grazed, handled, held, kept, marketed or shown to the public;

(b) in which processed animal protein or mammalian meat and bone meal may be handled, kept or disposed of;

(c) in which specified risk material may be removed from a carcase of an animal, handled, kept or disposed of; or

(d) any place where blood, carcases or parts of the carcases derived from any creature except man may be kept,

and includes any such place occupied as a private dwelling;

"processed animal protein" means meat and bone meal, meat meal, bone meal, blood meal, dried plasma and other blood products, hydrolysed protein, hoof meal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal, dicalcium phosphate, gelatin and any other similar products, and includes mixtures, feedingstuffs, feed additives and premixtures, containing these products; but does not include mammalian meat and bone meal;

"production" includes the manufacture, mixing or packaging of any product, together with ancillary storage and transport operations;

"rendering" means subjecting any material at a rendering, fishmeal or other plant to any of the systems of treatment or procedures mentioned in Schedule 2 to the Animal By-Products Order 1999;

"ruminant animal" means a bovine animal, a sheep or a goat;

"scheme animal" means a bovine animal - 

(a) which has been slaughtered pursuant to the purchase scheme introduced under Commission Regulation (EC) No 716/96 adopting exceptional support measures for the beef market in the United Kingdom; or

(b) which the Secretary of State has caused to be slaughtered under the Animal Health Act 1981[14] for the prevention of bovine spongiform encephalopathy;

"sealed vehicle" means a vehicle sealed in accordance with regulation 41(3) below;

"the Secretary of State" means the Secretary of State for Environment, Food and Rural Affairs;

"slaughterhouse" means any premises for slaughtering animals the flesh of which is intended for sale for human consumption;

"specified risk material" includes - 

(a) any part of - 


(i) a bovine animal, other than a carcase of a bovine animal containing vertebral column which has been imported in accordance with the Specified Risk Material Order 1997[15];

(ii) a sheep or a goat,



remaining attached to specified risk material after dissection of the carcase of the animal;

(b) any animal material which comes into contact with specified risk material after it has been removed from the carcase; and

(c) specified solid waste;

"specified solid waste" means any solid matter resulting from the slaughter or death of a bovine animal, sheep or goat, or from the subsequent processing of the carcase of a bovine animal, sheep or goat, which is collected in any part of the drainage system draining any place where specified risk material is handled;

"stained blue" has the meaning given in regulation 39 below;

"stained yellow" has the meaning given in regulation 39 below;

"TSE susceptible animal" means any animal (whether it is a farmed animal or not) which is capable of being affected by a TSE;

"tallow" means fat derived from animal tissues by a process of rendering;

"UK specified risk material" means specified risk material derived from an animal which has died or was slaughtered in the United Kingdom;

"vertebral column" excludes the vertebrae of the tail and the transverse process of the lumbar vertebrae but includes dorsal root ganglia;

"veterinary inspector" means a person appointed by the Secretary of State as a veterinary inspector; and

"young lamb stamp" means the stamp described in regulation 38(2) below.

    (2) Expressions in these Regulations which are not defined in paragraph (1) above and which appear in the Community TSE Regulation or in the Community Transitional Measures have the same meaning in these Regulations as they have for the purposes of the Community TSE Regulation or the Community Transitional Measures.

    (3) Expressions in Part III of these Regulations which are not defined in paragraph (1) above and which appear in the Council Decision or the Commission Decision have the same meaning in these Regulations as they have for the purposes of those Decisions.

    (4) For the purposes of these Regulations, material shall be treated as a feedingstuff whether it is used or intended to be used as a feedingstuff by itself or as an ingredient in something which is so used or intended for such use.

    (7) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.

Movement prohibitions and restrictions of TSE susceptible animals
     5.  - (1) This regulation applies where an inspector is satisfied that for any purpose connected with the administration or enforcement of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation it is necessary to prohibit or restrict the movement of any TSE susceptible animal from or to any premises.

    (2) By notice in writing served on the owner or person in charge of the animal an inspector may prohibit or restrict the movement of the animal or carcase from or to any premises described in the notice for such period, and subject to such requirements or conditions, as he considers necessary for that purpose and specifies in the notice.

    (3) During the period in which the notice is in force an inspector may renew it subject to such requirements or conditions as he considers necessary for the same or a shorter period.

    (4) A notice which is renewed may be renewed from time to time in a similar manner by an inspector.

    (5) Where a notice is in force under this regulation the requirements or conditions of which allow movement of any animal or carcase from premises on the authority of a licence issued by an inspector, an inspector may issue a licence for this purpose subject to such requirements or conditions as he considers necessary.

    (6) Where an animal or carcase is being moved under the authority of a licence issued under this Part of these Regulations the person in charge of the animal or carcase being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a member of a police force, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.

Slaughter of TSE susceptible animals at slaughterhouses
     6.  - (1) This regulation and regulation 7 below apply where the Secretary of State is satisfied it is necessary to slaughter any TSE susceptible animal for any purpose connected with the administration or enforcement of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation.

    (2) Where the Secretary of State is satisfied that it is necessary to slaughter a TSE susceptible animal at a slaughterhouse an inspector shall so inform the occupier of the slaughterhouse concerned and direct the occupier to slaughter the animal in such manner and period as the inspector directs.

    (3) Before an inspector gives an occupier a direction to slaughter an animal under this regulation he shall consider the requirements as to hygiene, specified risk material or animal welfare with which the occupier must comply at the slaughterhouse in relation to - 

(a) the slaughter of the animal; and

(b) any related operation, including - 


(i) the handling of the animal before and at slaughter, and the handling, storage, treatment and disposal of the carcase, any part of the carcase or any blood derived from the carcase or any part of the carcase; or

(ii) any operation in relation to any other animal or the slaughter of any other animal at the slaughterhouse, including the handling of any other animal before and at slaughter, and the handling, storage, treatment and disposal of the carcase, any part of the carcase or any blood derived from the carcase or any part of the carcase of any other animal.

    (4) Where the inspector is satisfied that for the purpose of complying with any of these requirements the occupier must - 

(a) slaughter any other animal at the slaughterhouse; or

(b) carry out any such related operation,

the inspector shall direct the occupier to slaughter the other animal or carry out the related operation in such manner and within such period as the inspector directs.

    (5) Directions from an inspector to an occupier under this regulation may include directions in relation to - 

(a) the keeping and handling before and at slaughter of any animal at the slaughterhouse, whether or not it is to be slaughtered under a direction given under this regulation;

(b) the arrangements for the slaughter at the slaughterhouse of any animal under a direction given under this regulation; and

(c) the treatment, storage and disposal of the carcase of any animal slaughtered at the slaughterhouse or any part of the carcase or any blood derived from the carcase or any part of the carcase.

    (6) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given except where the Secretary of State is satisfied that it is not proportionate for that person to bear some or all of that expense.

    (7) Where the Secretary of State is satisfied that it is not proportionate for a person to whom a direction is given to bear some or all of the expense of complying with it she shall give notice to that person of the proportion of the expense, if any, which she is satisfied the person should bear.

    (8) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with at the expense of the person to whom the direction is given.

Slaughter of TSE susceptible animals at other premises
     7.  - (1) Where the Secretary of State is satisfied that it is necessary to slaughter a TSE susceptible animal at premises other than a slaughterhouse a veterinary inspector shall serve a notice of intended slaughter on the owner or person in charge of the animal - 

(a) informing him of that intention; and

(b) specifying the period within which representations from the owner or person in charge of the animal may be made to the Secretary of State.

    (2) After the expiry of that period the Secretary of State, after considering any representations received during this period from the owner or person in charge of the animal, shall either - 

(a) withdraw the notice of intended slaughter; or

(b) serve on the owner or person in charge of the animal a notice of confirmation of intention to slaughter the animal.

    (3) After service of the notice to confirm the intended slaughter of the animal the Secretary of State shall cause the animal to be slaughtered as soon as possible having regard to the requirements of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation.

Retention, seizure and disposal of carcases etc. of TSE susceptible animals
     8.  - (1) This regulation applies where the Secretary of State is satisfied that for any purpose connected with the administration or enforcement of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation it is necessary - 

(a) to require an occupier of premises to retain on the premises under the direction of the Secretary of State a carcase of a TSE susceptible animal, any part of such a carcase or any blood derived from any such carcase or part; or

(b) to seize from any premises the carcase of a TSE susceptible animal, any part of such a carcase or any blood derived from any such carcase or part.

    (2) For any such purpose an inspector may - 

(a) direct the occupier of the premises to retain on the premises a carcase of a TSE susceptible animal on the premises, any part of such a carcase or any blood derived from any such carcase or part; or

(b) seize or dispose of - 


(i) any carcase of a TSE susceptible animal from any premises, or any part of such a carcase, whether or not it is a carcase or part of a carcase which the occupier has been required to be retained under the direction of an inspector; or

(ii) any blood derived from a carcase of a TSE susceptible animal or any part of such a carcase, whether or not the carcase or part of the carcase from which the blood is derived has been required to be retained under the direction of an inspector or has been seized by an inspector.

    (3) Directions from an inspector to an occupier under this regulation to retain a carcase, part of a carcase or blood derived from any carcase or part may include directions in relation to the treatment, storage and disposal of the carcase, part or blood.

    (4) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given except where the Secretary of State is satisfied that it is not proportionate for that person to bear some or all of that expense.

    (5) Where the Secretary of State is satisfied that it is not proportionate for a person to whom a direction is given to bear some or all of the expense of complying with it she shall give notice to that person of the proportion of the expense, if any, which she is satisfied the person should bear.

    (6) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with at the expense of the person to whom the direction is given.

Compensation for slaughtered TSE susceptible animals
     9.  - (1) Where a TSE susceptible animal is slaughtered under regulation 6 or 7 above the Secretary of State shall pay compensation to the owner of the animal in accordance with the provisions of Part I of Schedule 1 below.

    (2) The Secretary of State shall pay compensation in accordance with the provisions of Part II of Schedule 1 below to the owner of any carcase, part of a carcase or blood seized or disposed of under regulation 8 above.

Notifications
     10.  - (1) For any purpose connected with the administration or enforcement of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation, the Secretary of State may certify in respect of any category of notifiable animal that a monitoring notification in respect of animals in that category is required and may appoint an agent to receive such a notification on her behalf.

    (2) Where - 

(a) in respect of a category of notifiable animal the Secretary of State certifies that a monitoring notification is required; or

(b) the Secretary of State appoints an agent for the purposes of receiving notifications under this regulation on her behalf,

the Secretary of State shall publish by such means as she thinks fit, including by notice in the London Gazette, the details of the certificate or the name of the agent, the address of the agent and other relevant contact information and the date on and after which notifications under this regulation shall be made to the agent instead of to the Secretary of State.

    (3) Where in respect of a category of notifiable animal the Secretary of State has certified that a monitoring notification in respect of animals in that category is required and has published the certification under paragraph (2) above - 

(a) a person who has in his possession or under his charge an animal of that category, or the carcase of an animal of that category, shall, within 24 hours from the time when the animal dies or was killed or the carcase comes into his possession or charge, notify the fact, and such other information as may be required by virtue of the monitoring notification, to the Secretary of State or, where the Secretary of State has appointed an agent to receive notifications under this regulation on her behalf, to that agent; and

(b) any veterinary surgeon or other person who, in the course of his duties examines or inspects an animal of that category which dies during the course of those duties, or examines or inspects the carcase of a such an animal, shall within 24 hours from the time when the animal dies or the carcase is examined or inspected, notify the fact, and such other information as may be required by virtue of the monitoring notification, to the Secretary of State or, where the Secretary of State has appointed an agent to receive notifications under this regulation on her behalf, to that agent.

    (4) A person who has in his possession or under his charge on any premises any animal or carcase in respect of which the Secretary of State has certified that a monitoring notification is required shall detain it on the premises until it has been collected by or on behalf of the Secretary of State.

any feedingstuff in which he knows or has reason to suspect that any mammalian protein has been incorporated.

    (2) The prohibitions in paragraph (1) above shall not apply to the feeding to an animal of any feedingstuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued, or to the sale or supply of any feedingstuff to a research establishment for such purposes.

Mammalian meat and bone meal for use in feedingstuffs for livestock
     12.  - (1) Subject to paragraphs (5) and (6) below, no person shall - 

(a) sell or supply for incorporation into any feedingstuff for livestock any mammalian meat and bone meal;

(b) use any mammalian meat and bone meal in the production of any feedingstuff for livestock;

(c) sell or supply for feeding to livestock any feedingstuff in which any mammalian meat and bone meal has been incorporated; or

(d) feed to livestock any feedingstuff in which any mammalian meat and bone meal has been incorporated.

    (2) Subject to paragraph (6) below, no person shall undertake any production using any mammalian meat and bone meal or any MBM product on premises where any feedingstuff for livestock is produced.

    (3) Subject to paragraphs (5) to (8) below, no person shall have in his possession any mammalian meat and bone meal or any MBM product on any premises where - 

(a) any livestock is kept;

(b) any feedingstuff for livestock is produced; or

(c) any feedingstuff for livestock is stored but not produced and no livestock are kept.

    (4) Subject to paragraphs (6) and (8) below, no person shall transport any mammalian meat and bone meal or any MBM product in any vehicle in which any feedingstuff for livestock is being transported.

    (5) The prohibitions in paragraphs (1) and (3) above shall not apply to the feeding to an animal of any feedingstuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued, or to the sale or supply of any feedingstuff to a research establishment for such purposes or to the possession of a feedingstuff at such an establishment for such purposes.

    (6) In any proceedings for an offence under paragraphs (1) to (4) above it shall be a defence for any person charged to prove - 

(a) that he did not know or have reason to suspect that the material in question was or contained mammalian meat and bone meal; and

(b) that he had taken all reasonable steps to ensure that it was not and did not contain mammalian meat and bone meal.

    (7) In any proceedings for an offence under paragraph (3) above in relation to any MBM product it shall be a defence for any person charged to prove - 

(a) in the case of an offence under paragraph (3)(a), that the MBM product was in his possession solely for feeding to a pet of a species which is not commonly used as livestock in the United Kingdom or to a working dog or for use as a fertiliser on a domestic garden or for house plants;

(b) in the case of an offence under paragraph (3)(c), that both the MBM product and the feedingstuff for livestock were offered for sale on those premises;

(c) that the MBM product was stored and used in a place which was physically separated from any place where feedingstuff for livestock was stored or to which livestock had access; and

(d) that adequate precautions were taken to ensure that no equipment used with the MBM product was used with the feedingstuff for livestock.

    (8) In any proceedings for an offence under paragraph (3) or (4) above it shall be a defence for any person charged to prove that at all material times both the mammalian meat and bone meal or MBM product (as the case may be) and the feedingstuff for livestock were securely packaged and that no spillage or leakage took place.

    (9) No person shall transport from or to any premises, or store in bulk at any premises, any mammalian meat and bone meal the sale or supply of which is prohibited by paragraph (1)(a) above, unless he and the premises are registered by the Secretary of State for the purpose and the premises are not used for the preparation of feedingstuffs for livestock.

    (10) The Secretary of State shall register premises under this regulation where the occupier declares the premises are capable of being used in accordance with this Part of these Regulations.

Mammalian meat and bone meal for use in fertilisers on agricultural land
     13.  - (1) No person shall sell or have in his possession with a view to sale, for use as a fertiliser on agricultural land, any mammalian meat and bone meal or any material derived from or containing any mammalian meat and bone meal to any extent.

    (2) No person shall use on agricultural land as a fertiliser any mammalian meat and bone meal or any material derived from or containing any mammalian meat and bone meal to any extent.

    (3) Subject to paragraph (4) below, no person shall - 

(a) sell or have in his possession with a view to sale, for use as a fertiliser on any land other than agricultural land; or

(b) use as a fertiliser on any such land,

any mammalian meat and bone meal or any material derived from or containing any mammalian meat and bone meal unless the mammalian meat and bone meal concerned was manufactured in accordance with paragraph (5) below.

    (4) Nothing in paragraph (3) above shall prevent - 

(a) the sale for use on any land other than agricultural land;

(b) the possession with a view to such sale; or

(c) the use on any such land,

of any fertiliser consisting solely of mammalian meat and bone meal or derived from or containing mammalian meat and bone meal if that mammalian meat and bone meal was manufactured before the date of coming into force of the Fertilisers (Mammalian Meat and Bone Meal) Regulations 1998[16], and the contract for its purchase by the manufacturer of that fertiliser was made before that date.

    (5) No person shall manufacture mammalian meat and bone meal for use as or in any fertiliser except by a rendering process in which - 

(a) the particle size of the raw material prior to processing is reduced so that the maximum dimension of no particle exceeds 50 mm; and

(b) the material is heated to a core temperature of more than 133°C for at least 20 minutes at a pressure of at least 3 bar.

    (6) In this regulation - 

(a) mammalian meat and bone meal does not include any mammalian meat and bone meal derived solely from blood; and

(b) the references to mammalian meat and bone meal being "manufactured" are references to the rendering process by which the mammalian meat and bone meal concerned was derived.

Processed animal protein

Feeding of processed animal protein to farmed animals
     14.  - (1) Subject to paragraph (2) below, no person shall feed any processed animal protein to a farmed animal.

    (2) The prohibition in paragraph (1) above shall not apply to - 

(a) the feeding to farmed animals other than ruminants of fishmeal - 


(i) produced in England in premises approved under regulation 16 below, which are used in accordance with the conditions of the approval, and transported and intermediately stored in accordance with the conditions specified in paragraphs 1, 2 and 3 of Schedule 2 below;

(ii) produced in another part of the United Kingdom in premises approved by the competent authority of that part in accordance with Annex I to the Commission Decision, which are used in accordance with the conditions of the approval, and transported and intermediately stored in accordance with the conditions specified in that Annex;

(iii) produced in another Member State in premises approved by the competent authority of that Member State in accordance with Annex I to the Commission Decision, which are used in accordance with the conditions of the approval, and transported and intermediately stored in accordance with the conditions specified in that Annex; or

(iv) produced in a third country and which - 


 -  before being sold or supplied in England, has been analysed in accordance with Commission Directive 98/88/EC[17];

 -  is transported directly from the border inspection post in accordance with the conditions specified in paragraphs 4 and 5 of Schedule 2 below; and

 -  is not intermediately stored otherwise than in accordance with the conditions of paragraph 3 of that Schedule;



(b) the feeding to farmed animals of gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC[18] concerning additives in feedingstuffs;

(c) the feeding to farmed animals other than ruminants of dicalcium phosphate - 



(i) produced in England in premises approved and used as mentioned in regulation 17(1) and (3) below;

(ii) produced in another part of the United Kingdom in premises approved by the competent authority of that part in accordance with the Commission Decision and used in accordance with that approval; or

(iii) produced in another Member State in premises approved by the competent authority of that Member State in accordance with the Commission Decision and used in accordance with that approval;



(d) the feeding to farmed animals other than ruminants of hydrolysed protein - 



(i) produced in England in premises approved and used as mentioned in regulation 17(2) and (3) below;

(ii) produced in another part of the United Kingdom in premises approved by the competent authority of that part in accordance with the Commission Decision and used in accordance with that approval; or

(iii) produced in another Member State in premises approved by the competent authority of that Member State in accordance with the Commission Decision and used in accordance with that approval; or



(e) the feeding to farmed animals of milk and milk products.

Sale or supply of processed animal protein intended for the feeding of farmed animals
     15.  - (1) Subject to paragraph (2) below, no person shall sell or supply any processed animal protein intended for the feeding of any farmed animal.

    (2) The prohibitions in paragraph (1) above shall not apply to the sale or supply of - 

(a) fishmeal referred to in regulation 14(2)(a) above for feeding to farmed animals other than ruminants;

(b) gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC concerning additives in feedingstuffs;

(c) dicalcium phosphate referred to in regulation 14(2)(c) above for feeding to farmed animals other than ruminants;

(d) hydrolysed protein referred to in regulation 14(2)(d) above for feeding to farmed animals other than ruminants; or

(e) milk and milk products.

Production of fishmeal for feeding to farmed animals other than ruminants
     16.  - (1) No person shall use any premises for the production of fishmeal for feeding to farmed animals other than ruminants unless - 

(a) the premises are approved for this purpose by the Secretary of State under this regulation; and

(b) fishmeal produced at the premises - 


(i) is not transported from the premises otherwise than in accordance with the conditions specified in paragraphs 1 and 2 of Schedule 2 below; and

(ii) is not intermediately stored otherwise than in accordance with the condition specified in paragraph 3 of Schedule 2 below.

    (2) On an application made to her under this regulation for the approval of premises for the production of fishmeal for feeding to farmed animals other than ruminants, the Secretary of State shall approve the premises for this purpose if, following an inspection of the premises by a veterinary inspector, she is satisfied that - 

(a) the premises will be dedicated only to fishmeal production;

(b) the premises are ABPO approved; and

(c) the occupier of the premises will be able to ensure that fishmeal is transported from the premises and intermediately stored in accordance with the conditions specified in paragraphs 1, 2 and 3 of Schedule 2 below.

    (3) The person carrying on any business at premises approved under this regulation shall ensure that - 

(a) the production of fishmeal at the premises is in accordance with the approval and in compliance with the provisions of this regulation subject to which the approval is granted;

(b) any person employed by him, and any person invited to the premises, complies with those provisions; and

(c) any inspector, and any person acting under the authority of an inspector, is provided with adequate facilities so as to enable him to carry out his functions under these regulations in relation to the premises and that he is given such reasonable assistance and access to such records (including any records held in electronic form) as he may at any reasonable time require for that purpose.

Production of dicalcium phosphate and hydrolysed protein for feeding to farmed animals other than ruminants
     17.  - (1) No person shall use any premises for the production of dicalcium phosphate for feeding to farmed animals other than ruminants unless - 

(a) the premises - 


(i) are approved for this purpose by the Secretary of State under this regulation; and

(ii) are used for this purpose in accordance with the conditions specified in Schedule 3 below; and



(b) transport of dicalcium phosphate to the premises is in accordance with the conditions specified in paragraph 4 of Schedule 3 below.

    (2) No person shall use any premises for the production of hydrolysed protein for feeding to farmed animals other than ruminants unless - 

(a) the premises - 


(i) are approved for this purpose by the Secretary of State under this regulation; and

(ii) are used for this purpose in accordance with the conditions specified in Schedule 4 below; and



(b) transport of hydrolysed protein to the premises is in accordance with the conditions specified in paragraph 3 of Schedule 4 below.

    (3) On an application made to her for the approval of premises for the production of dicalcium phosphate or hydrolysed protein the Secretary of State shall approve the premises for the production concerned if, following an inspection of the premises by a veterinary inspector, she is satisfied that - 

(a) the premises are ABPO approved;

(b) the occupier of the premises will be able to maintain and use the premises in accordance with the ABPO approval;

(c) in respect of an application for approval of the premises for production of dicalcium phosphate, the occupier of the premises will be able to comply with the conditions specified in Schedule 3 below; and

(d) in respect of an application for approval of the premises for production of hydrolysed protein, the occupier of the premises will be able to comply with the conditions specified in Schedule 4 below.

    (4) The occupier of premises approved under this regulation shall ensure that - 

(a) in respect of the production of dicalcium phosphate at the premises, the production is in accordance with the approval and complies with the provisions of this regulation and Schedule 3 below subject to which the approval is granted;

(b) in respect of the production of hydrolysed protein at the premises, the production is in accordance with the approval and complies with the provisions of this regulation and Schedule 4 below subject to which the approval is granted;

(c) any person employed by him, and any person invited to the premises, complies with those provisions; and

(d) any inspector, and any person acting under the authority of an inspector, is provided with adequate facilities so as to enable him to carry out his functions under these Regulations in relation to the premises and that he is given such reasonable assistance and access to such records (including any records held in electronic form) as he may at any reasonable time require for that purpose.

Transport and storage of processed animal protein
     18.  - (1) No person shall transport from or to any premises, or store in bulk at any premises, any processed animal protein the sale or supply of which is prohibited by regulation 15 above, unless he and the premises are registered by the Secretary of State for the purpose and the premises are not used for the preparation of feedingstuffs for ruminant animals.

    (2) The Secretary of State shall register premises under this regulation where the occupier declares the premises are capable of being used in accordance with the Commission Decision.

    (3) Where a vehicle used for the transport of any dicalcium phosphate, or hydrolysed protein, for feeding to farmed animals other than ruminants, is subsequently used for the transport of any other product, the person using the vehicle for the transport of such dicalcium phosphate or hydrolysed protein shall ensure the vehicle is thoroughly cleaned and inspected before and after the transport of such dicalcium phosphate or hydrolysed protein.

Suspension and withdrawal of approvals
     20.  - (1) The Secretary of State may suspend or withdraw an approval of any premises approved under this Part of these Regulations if it appears to her that - 

(a) the premises are being used otherwise than in accordance with these Regulations or the approval;

(b) any condition specified in a Schedule to these Regulations which relate to the approval of the premises has not been complied with;

(c) the premises are not ABPO approved;

(d) inspection of the premises for the purposes of these Regulations is being hampered or denied;

(e) a notice has been served on the occupier in relation to the use of the premises under this Part of these Regulations and - 


(i) the Secretary of State is not satisfied that the action required by the notice to be taken by the occupier has been taken within the time required; and

(ii) as a result there is a risk that the premises will be used otherwise than in accordance with the approval, any condition specified in the approval will not be complied with or inspection of the premises for the purposes of these Regulations will be hampered or denied;



(f) the person using the premises for the use for which they are approved no longer wishes to carry on that use of the premises; or

(g) the premises are not being used for the use for which they are approved.

    (2) Before suspending or withdrawing an approval the Secretary of State shall - 

(a) give notice of the intended suspension or withdrawal to the occupier of the premises (or, in the case of a suspension or withdrawal under paragraph (1)(g) above, to the person known to the Secretary of State as the last person to use the premises for the use for which they are approved and to any other person who appears to her to be in current occupation of the premises); and

(b) have regard to any representations made to her by that person in relation to the intended suspension or withdrawal.

    (3) A notice of suspension or withdrawal of an approval shall include the following information - 

(a) a summary of the decision of the Secretary of State to suspend or withdraw the approval and a description of the use of the premises for which the approval is suspended or withdrawn;

(b) the reason for the suspension or withdrawal;

(c) the time from which the suspension or withdrawal takes effect, which - 


(i) in respect of a suspension, may be any time after the notice is given; and

(ii) in respect of a withdrawal, must be at least 21 days after the date on which the notice is given;



(d) in respect of a suspension, the matters which must be remedied for the suspension to be lifted;

(e) a statement of the right of the person to whom the notice is given to appeal under this Part of these Regulations against the suspension or withdrawal and the period within which and the person or tribunal to whom an appeal may be made; and

(f) in respect of a withdrawal, any conditions for the protection of public or animal health to which any continued use of the premises for an approved use after the withdrawal takes effect is subject pending an appeal.

    (4) Where a suspension of an approval of premises under this regulation has taken effect the premises shall be treated as if they were not approved for the use for which the approval is suspended.

    (5) The Secretary of State shall lift a suspension of an approval where - 

(a) she is satisfied that - 


(i) the reason for the suspension no longer applies; and

(ii) the person who would use the premises for the use for which they are approved will use the premises in accordance with the approval and the conditions of the approval; or



(b) the determination of an appeal under this Part of these Regulations against the suspension is that the approval should not have been suspended.

    (6) Where the Secretary of State lifts a suspension she shall give notice of this to the person to whom she gave notice of the suspension.

    (7) Premises may continue to be used by the occupier for a use for which an approval is withdrawn during the period of 21 days after the notification to the occupier of the withdrawal.

    (8) After the expiry of this period the premises may not be used for the use for which the approval is withdrawn unless before the period expired an appeal was made in accordance with regulation 21 below and the appeal has not been finally disposed of or abandoned.

    (9) Where the Secretary of State has given notice of a decision to withdraw the approval of premises the occupier of the premises shall not use the premises for that use except in accordance with any conditions for the protection of public or animal health included in the notice of withdrawal.

Appeals
     21.  - (1) Where in respect of any premises the Secretary of State has given notice of a decision under this Part of these Regulations - 

(a) to refuse to approve any premises; or

(b) to grant an approval of any premises subject to conditions;

(c) to suspend the approval of any premises; or

(d) to withdraw the approval of any premises,

the person to whom the notice is given may, within 21 days of being notified of the decision, appeal against the decision to the person or tribunal specified in the notice.

    (2) An appeal under this regulation shall be made by written statement given to the person or tribunal specified in the notice accompanied by a brief explanation of the ground of the appeal and such other information and documents as the notice may specify.

    (3) Where on an appeal under this regulation the person or tribunal hearing the appeal determines that - 

(a) the grant of an approval should not have been refused; or

(b) unreasonable conditions have been attached to the grant of an approval; or

(c) an approval should not have been suspended or withdrawn,

the Secretary of State shall give effect to that determination.

    (4) No person shall produce any feedingstuff containing fishmeal for feeding to farmed animals other than ruminants unless the packaging of the feedingstuff is labelled clearly to indicate the words "this feedingstuff contains fishmeal - cannot be fed to ruminant animals".

    (5) No person shall use any vehicle for the transport to or from any premises of bulk feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants at the same time as the vehicle is used for the transport of any feed for ruminant animals.

    (6) Where a vehicle used for the transport of bulk feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants is subsequently used for the transport of other products, the person using the vehicle for the transport of such bulk feedingstuffs shall ensure it is thoroughly cleaned before and after the transport of those bulk feedingstuffs.

Production of feedingstuffs containing dicalcium phosphate or hydrolysed protein for feeding to farmed animals other than ruminants
     24.  - (1) Subject to paragraph (4) below, no person shall use any premises for the production of feedingstuffs containing dicalcium phosphate from defatted bones for feeding to farmed animals other than ruminants unless - 

(a) the premises are not used for the preparation of feedingstuffs for ruminant animals; and

(b) the premises are registered for the purpose of paragraph 3 of Annex II to the Commission Decision by the Secretary of State.

    (2) Subject to paragraph (4) below, no person shall use any premises for the production of feedingstuffs containing hydrolysed protein for feeding to farmed animals other than ruminants unless - 

(a) the premises are not used for the preparation of feedingstuffs for ruminant animals; and

(b) the premises are registered for the purpose of paragraph 2 of Annex III to the Commission Decision by the Secretary of State.

    (3) The Secretary of State shall register premises under this regulation where the occupier declares the premises are capable of being used for the production of - 

(a) feedingstuffs containing dicalcium phosphate from defatted bones for feeding to farmed animals other than ruminants in accordance with paragraph 3 of Annex II to the Commission Decision; or

(b) feedingstuffs containing hydrolysed protein for feeding to farmed animals other than ruminants in accordance with paragraph 2 of Annex III to the Commission Decision.

    (4) The prohibitions in paragraphs (1) and (2) above shall not apply to premises used for the preparation of feedingstuffs for ruminant animals which are used for the production of feedingstuffs containing dicalcium phosphate from defatted bones, or hydrolysed protein, for other animal species, if - 

(a) in respect of dicalcium phosphate, it satisfies the requirements of regulation 14(2)(c) above;

(b) in respect of hydrolysed protein, it satisfies the requirements of regulation 14(2)(d) above;

(c) the transport to or from the premises, or the storage at the premises, of feed material destined for ruminant animals is completely separate from feed material prohibited for feeding to ruminant animals;

(d) the storage, manufacturing and packaging facilities at the premises, and the transport to or from the premises, of compound feedingstuffs destined for ruminant animals are completely separate from feed material prohibited for feeding to ruminant animals; and

(e) the occupier of the premises carries out routine tests on the feedingstuffs destined for ruminant animals to ensure that any processed animal protein the feeding of which to farmed animals is prohibited by regulation 14 above are not present in those feedingstuffs.

    (5) No person shall produce any feedingstuff containing dicalcium phosphate from defatted bones for feeding to farmed animals other than ruminants unless the packaging of the feedingstuff is labelled clearly to indicate the words "this feedingstuff contains dicalcium phosphate from defatted bones - cannot be fed to ruminant animals".

    (6) No person shall produce any feedingstuff containing hydrolysed protein for feeding to farmed animals other than ruminants unless the packaging of the feedingstuff is labelled clearly to indicate the words "this feedingstuff contains hydrolysed protein - cannot be fed to ruminant animals".

    (7) No person shall use any vehicle for the transport to or from any premises of bulk feedingstuffs for feeding to farmed animals other than ruminants containing dicalcium phosphate from defatted bones or hydrolysed protein at the same time as the vehicle is used for the transport of any feed for ruminant animals.

    (8) Where a vehicle used for the transport of bulk feedingstuffs containing dicalcium phosphate from defatted bones, or hydrolysed protein, for feeding to farmed animals other than ruminants, is subsequently used for the transport of other products, the person using the vehicle for the transport of such bulk feedingstuffs shall ensure the vehicle is thoroughly cleaned before and after the transport of those bulk feedingstuffs.

Use and storage of feedingstuffs containing fishmeal, dicalcium phosphate or hydrolysed protein
     25.  - (1) Subject to paragraph (2) below, no person shall use or store any feedingstuff, other than petfood referred to in Chapter 4 of Annex I to Council Directive 92/118/EEC[19], containing any - 

(a) fishmeal;

(b) dicalcium phosphate derived from defatted bones; or

(c) hydrolysed protein,

on a farm where ruminant animals are kept, fattened or bred for the production of food.

    (2) Paragraph (1) above shall not apply to the use or storage of any feedingstuff containing any fishmeal, dicalcium phosphate derived from defatted bones or hydrolysed protein on any farm where ruminant animals are kept if measures are implemented on the farm sufficient to prevent the feedingstuff being fed to those ruminant animals.

the person using the vehicle for the transport of such bulk feedingstuffs shall keep, for two years from the date of such transport, a record of each cleaning of the vehicle carried out as required by regulation 23(6) or 24(8) above.

Cleansing and disinfection
     27.  - (1) Any person who produces mammalian meat and bone meal or any MBM product shall ensure the thorough cleansing and disinfection of any premises or equipment used for such production before they are used for any other purpose except the production of a fertiliser that is not for use on agricultural land.

    (2) Subject to paragraphs (3) and (4) below, any person who stores or transports mammalian meat and bone meal or an MBM product, or who makes any arrangement for such storage or transport, shall ensure the thorough cleansing and disinfection of any premises, vehicle or equipment used for such storage or transport as soon as possible after the storage or transport ceases and in any event before they are used for any other purpose.

    (3) It shall be a defence for any person charged with an offence under paragraph (2) above to prove that at all material times the mammalian meat and bone meal or MBM product (as the case may be) was securely packaged and that no spillage or leakage took place.

    (4) It shall be a defence for any person charged with an offence under paragraph (2) above by virtue of any arrangement made by him to show that he took all reasonable steps to ensure that the premises, equipment or vehicle in question were thoroughly cleansed and disinfected in accordance with that paragraph.

    (5) An inspector may serve on the occupier of any premises or on the owner or operator of any vehicle or equipment on or in which there is, or has been - 

(a) any mammalian meat and bone meal; or

(b) any MBM product

a notice requiring him to cleanse and disinfect, at his own expense and in such a manner and within such period as may be specified in the notice, all or any part of the premises or vehicle or any equipment or any other thing used in connection with any such mammalian meat and bone meal or MBM product.

    (6) If any person on whom a notice is served under paragraph (5) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the authority on whose behalf the inspector served the notice.

Powers of inspectors
     28.  - (1) An inspector may make such enquiries and carry out such investigations as he considers necessary for any purpose connected with the administration or enforcement of the provisions of this Part of these Regulations.

    (2) For any such purpose an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable times to enter any premises (excluding premises used only as a dwelling) to - 

(a) ascertain whether any - 


(i) TSE susceptible animal; or

(ii) any mammalian meat and bone meal or processed animal protein, or any feed or feedingstuff,



is being or has been kept on the premises;

(b) ascertain whether - 



(i) any TSE exists or has existed on the premises or any other premises; or

(ii) any animal which is being kept on the premises or has been kept on the premises is, or was at the time it was kept there, affected with any TSE;



(c) collect, pen, inspect and examine any TSE susceptible animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;

(d) inspect and examine - 



(i) any mammalian meat and bone meal or processed animal protein;

(ii) any feedingstuff;

(iii) any production, storage, transport or other operation carried out under this Part of these Regulations and anything used for the marking and identification of any mammalian meat and bone meal or processed animal protein or feedingstuff; or

(iv) the carcase of a TSE susceptible animal;



(e) make such tests and take such samples from any mammalian meat and bone meal, processed animal protein, feedingstuff, or TSE susceptible animal, or the carcase of such an animal, as he considers necessary;

(f) mark for identification purposes any mammalian meat and bone meal, processed animal protein, feedingstuff or TSE susceptible animal, or the carcase of such an animal;

(g) serve a notice to restrict or prohibit the movement of any mammalian meat and bone meal, processed animal protein, feedingstuff or TSE susceptible animal of the carcase of such an animal;

(h) serve a notice under regulation 29(2) or (3) below or carry out or cause to be carried out the requirements of such a notice under regulation 29(4) below;

(i) issue a licence in connection with the movement of any mammalian meat and bone meal or processed animal protein, feedingstuff or TSE susceptible animal or the carcase of such an animal;

(j) seize any mammalian meat and bone meal or processed animal protein, feedingstuff or TSE susceptible animal or the carcase of such an animal;

(k) serve any notice in connection with the seizure;

(l) slaughter any TSE susceptible animal or serve any notice in connection with the slaughter of the animal;

(m) serve a notice requiring any cleansing and disinfection or carry out or cause to be carried out any cleansing and disinfection;

(n) examine any record, in whatever form the record may be held, and take copies of the record;

(o) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; or

(p) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or any evidence of any such contravention or failure.

    (3) No person except an inspector shall remove or otherwise interfere with any mark applied under paragraph (2)(f) above.

    (4) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and either - 

(a) admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b) an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent,

he may issue a warrant authorising an inspector to enter the premises for that purpose if need be by reasonable force.

    (5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his employees and any person on the premises who is or has been in possession or charge of any mammalian meat and bone meal or processed animal protein, or any animal or carcase, which is or has been on the premises, shall - 

(a) provide such reasonable facilities and reasonable assistance to the inspector and comply with such reasonable requirements as the inspector considers necessary for any purpose connected with the administration or enforcement of this Part of these Regulations; and

(b) if required by an inspector, give such information as he possesses as to - 


(i) any mammalian meat and bone meal or processed animal protein, or any animal or carcase which is or has been on the premises;

(ii) any animal or carcase with which any mammalian meat and bone meal or processed animal protein, or any animal or carcase, which is or has been on the premises may have come into contact; and

(iii) the location, transport and movement of any mammalian meat and bone meal or processed animal protein, or any animal or carcase, which is or has been in his possession or charge.

    (6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him - 

(a) such other persons as he considers necessary to give him such assistance as he considers necessary; and

(b) a representative of the European Commission acting for the purpose of the Community TSE Regulation or the Community Transitional Measures; and

    (7) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.

    (8) Any notice under this regulation shall be complied with at the expense of the person on whom the notice is served.

    (9) If a notice under this regulation is not complied with, an inspector may arrange for it to be complied with at the expense of the person on whom the notice is served.

Disposal and recall of mammalian meat and bone meal and MBM products
     29.  - (1) Paragraph (2) below applies where an inspector finds - 

(a) any mammalian meat and bone meal or any MBM product possessed or transported in contravention of regulation 12(3) or (4) above; or

(b) any processed animal protein sold or supplied in contravention of regulation 15(1) above.

    (2) Where this paragraph applies an inspector may serve a notice on the person in possession of the mammalian meat and bone meal, MBM product or processed animal protein requiring that person to dispose of it, and any other mammalian meat and bone meal, MBM product or processed animal protein with which it has come into contact, in such manner and within such period as may be specified in the notice.

    (3) An inspector may serve on any person who has sold or supplied - 

(a) any feedingstuff the sale or supply of which is prohibited by regulation 11(1) or 12(1) above or which he reasonably suspects of being so prohibited; or

(b) any processed animal protein the sale or supply of which is prohibited by regulation 15(1) above or which he reasonably suspects of being so prohibited,

a notice requiring that person to collect at his own expense that feedingstuff or processed animal protein from the person to whom he supplied or sold it, or from such other person to whom it may have subsequently been supplied or sold, and to transport it to such place and within such time as may be specified in the notice.

    (4) If any person on whom a notice is served under paragraph (2) or (3) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the authority on whose behalf the inspector served the notice.

Presumption that food is intended for human consumption
     32.  - (1) For the purposes of this Part of these Regulations any food commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold or, as the case may be, to have been or to be intended for sale, for human consumption.

    (2) The following, namely - 

(a) any food commonly used for human consumption which is found on premises used for the preparation, storage or sale of that food; and

(b) any article or substance commonly used in the manufacture of food for human consumption which is found on premises used for the preparation, storage or sale of that food,

shall be presumed, until the contrary is proved, to be intended for sale, or for manufacturing food for sale, for human consumption.

    (3) Any article or substance capable of being used in the composition or preparation of any food commonly used for human consumption which is found on premises on which that food is prepared shall, until the contrary is proved, be presumed to be intended for such use.