Volume 5: Animal Health, 1989-96
4a.
Implementation, enforcement and monitoring of the animal SBO ban
The animal SBO ban legislation
4.6 The Bovine Spongiform Encephalopathy (No. 2) Amendment Order 1990 implementing the animal SBO ban came into force on 25 September 1990. 1 The purpose of the Order was to extend the prohibition on the use of SBO in human food to feed for all animals and poultry.
4.7 This new Order amended article 8 of the Bovine Spongiform Encephalopathy (No. 2) Order 1988 which had, among other provisions, introduced the ruminant feed ban, prohibiting the sale or supply of feedstuffs incorporating ruminant protein for feeding to ruminants (RFB). 2 The 1990 Order re-enacted the RFB and enacted new provisions for the animal SBO ban.
4.8 The material articles implementing the animal SBO ban provided that:
(3) No person shall knowingly sell or supply for feeding to animals or poultry any specified bovine offal or any feedingstuff which he knows or has reason to suspect contains specified bovine offal or animal protein which is derived from any specified bovine offal.
(4) Subject to paragraph (5) below, no person shall feed to an animal or poultry any specified bovine offal or any feedingstuff which he knows or has reason to suspect contains specified bovine offal or animal protein which is derived from any specified bovine offal. 3
4.9 In article 2 the definition of 'animals' previously restricted to ruminants was extended to all mammals except man, and any kind of non-mammalian four-footed beast. 'Specified bovine offal' was defined in the same terms as it had been in the 1989 Regulations which introduced the human SBO ban, namely: the brain, spinal cord, spleen, thymus, tonsils and intestines of a bovine animal over 6 months of age when slaughtered in the United Kingdom. 4 The effect of these provisions was to prohibit the sale or supply of SBO, feedstuffs containing SBO, or protein derived from SBO for feeding to any mammal or four-footed beast or the direct feeding of such material to them.
4.10 Before discussing the scope of this legislation it is important to place in context the role of the enforcement bodies responsible for its implementation.
1 L2 tab 5. The Order applied to England, Scotland and Wales. The Diseases of Animals (Feedingstuffs) Order 1990 (L8A tab 8), coming into force on 24 September 1990, implemented the animal SBO ban in Northern Ireland - see vol. 9: Wales, Scotland and Northern Ireland for discussion of the introduction of this Order
2 L2 tab 3 (see Chapter 2 of this volume and vol. 3: The Early Years 1986-88)
3 BSE (No. 2) Order 1988, art 8 (L2 tab 3) as substituted by BSE (No. 2) Amendment Order 1990, art 2 (L2 tab 5). For art 8(1) and 8(2) see Chapter 2
4 BSE (No. 2) Order 1988, art 2 (L2 tab 3) as substituted by BSE (No. 2) Amendment Order 1990, art 2 (L2 tab 5)
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