Volume 6: Human Health, 1989-96
4. Human health developments:January - December 1990
EC Commission Decision 90/261/EEC (beef-on-the-bone and nervous and lymphatic tissue)
Background
Advice from the EC Scientific Veterinary Committee on nervous and lymphatic tissue
MAFF's considerations of how to implement the Decision
Initial guidelines issued
Further discussion takes place on implementing the decision
Further guidelines issued
Further steps on implementing the Decision
Discussion

Background

4.428 European Commission Decision 90/261/EEC (the Decision) was made on 8 June 1990 following a meeting by the Agriculture Council (comprising Agriculture Ministers of all member states) on 6-7 June 1990. It required the UK to certify that all boneless beef for export to other member states was 'Fresh meat from which during the cutting process obvious nervous and lymphatic tissue has been removed'. It also required certification in respect of bone-in beef that the animals were 'not from holdings in which BSE [had] been confirmed in the previous two years'. ¹ This section looks at the implementation of the Decision - insofar as it relates to obvious lymphatic and nervous tissue - by the UK.

4.429 The Decision was made against the background of unilateral bans on imports of beef and cattle from the UK imposed by Austria, France, Germany and Italy.

4.430 The Agriculture Council meeting of 6-7 June had been called in order to resolve the political row caused by the bans, and as a consequence of the Decision made after that meeting, France, Germany and Italy lifted the trade restrictions on UK beef and live animals.

Advice from the EC Scientific Veterinary Committee on nervous and lymphatic tissue

4.431 The subject of nervous and lymphatic tissue in boneless beef was raised at a meeting of the animal and public health sections of the EC Scientific Veterinary Committee (ScVC) on 8 January 1990. The note of the Committee's meeting records its opinion that:

Meat derived from animals in countries in which BSE is widespread is not considered to be a significant danger to public health. As a precautionary measure every attempt should be made to prevent the inclusion of large quantities of lymphatic and nervous tissue from products intended for human consumption. ²

4.432 At a meeting of the SVC on 16-17 January 1990, the Commission considered that:

. . . the Scientific Veterinary Committee opinion was that [beef] meat was safe and that following the normal cutting practices would meet the Scientific Veterinary Committee's view that the obvious nervous and lymphatic tissue should be removed. In addition specified offals were being taken out of the food chain. Thus no further action was required on meat. ³

4.433 The animal and public health sections of the ScVC met on 6 June 1990 just before the Agriculture Council meeting. In relation to nervous and lymphatic tissue they amended their opinion of 8 January to read as follows:

In light of present knowledge, meat derived from bovine animals in countries in which BSE occurs is not considered to be a danger to public health. Nevertheless, as a precautionary measure, every attempt must be made during the cutting process to remove obvious nervous and lymphatic tissues to be supplied to the consumer. These tissues, where removed, must not be put into products for human consumption. ⁴

MAFF's considerations of how to implement the Decision

4.434 MAFF conducted a survey at the time of the Decision to establish the cutting procedures employed in UK plants. It noted that the procedures varied widely, from those plants which removed 'virtually all' lymph nodes to those which removed very few. It was also noted that healthy lymph nodes were traditionally used in meat products for human consumption or rendered for either human or animal food. ⁵

Initial guidelines issued

4.435 The same day the Commission issued its Decision, Mr Keith Baker, ACVO, issued guidance on its interpretation and implementation by telex to all local authorities, DVOs and RVOs. The telex set out the arrangements that OVSs would need to follow when providing expert certification and was said to be of immediate effect. In respect of boneless beef, it noted that (by contrast with bone-in beef):

The agreement reached at the Agriculture Council does not require any different arrangement for boneless beef for export as compared to the domestic market. ⁶

4.436 After setting out the ScVC's opinion, the telex stated:

This means that those lymph glands and nervous tissue which are revealed during the cutting process must be removed.

Where beef is to be cut up at a separate cutting plant the carcass meat must be accompanied to the cutting plant by an EC 60 support document. On export from the cutting plant the deboned meat would be certified as [required by the Commission Decision]. ⁷

4.437 The telex quoted the ScVC's opinion that removed tissue should not be used for human consumption, but did not set out any arrangements for dealing with such tissue.

Further discussion takes place on implementing the decision

4.438 On 8 June the Minister met with farming and meat industry representatives to discuss the events of the past two days. A note of the meeting prepared by the Federation of Fresh Meat Wholesalers records the Minister as stating that more rigorous standards of cutting were required to comply with the ScVC's opinion. These would need to apply to all UK premises where carcasses were cut, including butchers. He stated that MAFF would issue guidelines to indicate that this material should not enter the human food chain. ⁸

4.439 The MAFF note of the meeting records the Minister as stating that it was not proposed to introduce special arrangements for the disposal of this material. He simply wished to see that the entire industry ensured that the nervous and lymphatic tissue removed during cutting did not go for human consumption. The note summarises the Minister's views as follows:

What was important was that the whole industry rapidly ensured that all the materials were removed from the human food chain; it should be clear that these arrangements applied to all animals, whether going for export or domestic consumption. ⁹

4.440 A representative from the NFU asked what was meant by lymphatic tissue and the Minister agreed to provide additional guidance on this, which would be distributed to the meat trade. The MAFF note also records:

The Secretary [Mr (now Sir) Derek Andrews] said that it was important that the trade were not drawn on the question of what happened to the lymphatic tissue (other than the specified offals) which was removed during the cutting process, in advance of a Community decision on this question. ¹⁰

4.441 On 13 June 1990, Mr F Taylor of Meat Hygiene Division prepared a draft minute for Mr Meldrum. The purpose of the draft was to seek approval from MAFF Ministers for sending guidance, in order to implement the Decision, to local authorities and the meat trade. The draft considered that the Decision was better implemented by guidelines rather than by legislation. It noted that healthy lymph nodes removed from the cutting process normally went into products for human consumption or were rendered. It continued:

To implement a ban on the use of lymph tissue for human consumption by legislation is considered to be contentious, derisive and, as a result, counter-productive. Clear guidance issued to District Councils and trade associations on the other hand is likely to be considerably less controversial, more effective, speedier to implement and would be more sympathetically received by the meat processors. ¹¹

4.442 It is not clear whether the views expressed in the draft minute were discussed with Ministers.

Further guidelines issued

4.443 Mr Meldrum issued further guidelines regarding the Commission Decision via telex on 16 June. These were addressed to DVOs, RVOs, RMHAs, RMAs and DEOs. The DVOs were requested to pass the contents of the guidelines on to OVSs and local authorities in their division. The guidelines stated:

Following the advice of the Scientific Veterinary Committee endorsed by the Agriculture Council and the EC Commission regarding the cutting of meat, the following action must be taken at all cutting premises, whether supplying the domestic or export market.

All lymphatic and nervous tissue that is exposed during normal cutting operations must be trimmed off, so that such material is not visible on the cut surfaces of the meat.

Lymphatic and nervous tissue that is removed must not be used in meat preparations or products that are intended for human consumption. ¹²

4.444 A similar telex was sent to professional and industry representatives. ¹³

4.445 The instructions were further amplified by a telex from Mr Alan Bremner, Superintending Meat Hygiene Adviser, to all RMHAs on 21 June. This stated:

Will you please ensure that veterinary officers when they visit export status slaughterhouses, cutting rooms, mince plants and meat products, check that the OVS/LVI is fully aware of the contents of Mr Baker's telex of 8/6/90, the CVO's telex of 14/6/90 and my telex of 19/6/90 regarding the action necessary to comply with the requirements of the importing countries of the EEC.

. . .

Will you please send a report to Mr Walker, SMHA, at the end of each month starting at the end of June on the Standards of compliance found during the VO visits. ¹⁴

Further steps on implementing the Decision

4.446 In a note to the Minister dated 26 June 1990, the Permanent Secretary, Mr Andrews, outlined some further steps required on various BSE measures. In relation to the removal of 'obvious nervous and lymphatic tissue' he noted the advice that had been given to local authorities and continued:

We do however need to consider to what extent the advice that has been put out so far has achieved the intended result and whether any further action (for example, encouraging the industry to put out separate advice to butchers/retailers) is necessary. I have asked for advice to come forward to you on this issue. ¹⁵

4.447 The Minister agreed with this approach and it became the subject of an exchange of minutes between Mrs Attridge and Mr Lowson. ¹⁶

4.448 A different approach to implementing the Decision was proposed by the Parliamentary Secretary, Mr David Maclean. On 5 July 1990 he sent a note to Mr Gummer setting out proposals for further actions on BSE. On lymphatic material he suggested that the major lymphatic tissue needed to be added to the list of SBO under the Bovine Offal (Prohibition) Regulations 1989. In response, Mr Gummer requested advice from MAFF officials on this proposal. ¹⁷

4.449 This was provided to the Minister by Mr Andrews on 10 July. On lymphatic materials, Mr Andrews noted:

I am sympathetic to the point. It does look illogical not to treat as for specified offals. But there are clearly serious problems about extending the ban. ¹⁸

4.450 These 'serious problems' were elaborated in the main body of the advice:

Ministers have agreed the line that major lymphatic material is already removed and that the specific requirement in the latest EC Commission proposal was largely for presentational purposes. Guidance has been issued on this for clarification. A statutory provision would however increase public concern as it would be assumed that such removal had not been normal practice and could lead to pressure for the removal of all such material from meat, which would be impossible to implement as lymphatic material is throughout the carcass and is exposed wherever meat is cut. This would not just be at cutting premises but would include butchers' shops, restaurants, etc. If such material had got to be treated as specified offal then all premises would require staining facilities and collection services. This would be disproportionate to the risk, lead to a number of premises not wishing to handle beef and enforcement would be impossible. ¹⁹

4.451 Mr Maclean's suggestion was not implemented: secondary legislation was not enacted to include lymphatic and nervous tissue as SBO material. There had been an opportunity to implement his suggestion during the preparation of amendments to the SBO regulations later in 1990. During the preparation of these amendments in summer 1990, Mr Meldrum upheld the view that removal of lymphatic and nervous tissues should be the subject of guidance to local authorities. In a minute to Mr Griffiths of 28 August, he stated:

On lymphatic tissue I take the view that the major lymphatic tissues and nervous tissues removed should not be subject to the Staining and Sterilisation Regulations. Their disposal should be subject to guidance to local authorities. ²⁰

Discussion

4.452 The problems described by Mr Andrews at paragraph 4.450 were very real ones. The approach adopted to lymphatic tissue followed the ALARP principle. To have included lymphatic tissue in the categories of SBO would have been tantamount to banning the consumption of beef, for removal of all lymphoid tissue was impossible. A statutory requirement that 'obvious lymphoid tissues' be treated as SBO would have been too uncertain to be enforceable and would also have given rise to the difficulties identified by Mr Andrews. The guidance given by MAFF was probably as far as it was reasonably practicable to go without banning beef altogether.

4.453 With hindsight we note that the pathogenesis study has not shown the lymphatic tissue of cattle infected with BSE to be infective.

4.454 In a postscript to this discussion, MAFF issued further instructions to DVOs in March 1992. Animal Health Circular 92/34, dated March 1992, was distributed to all DVOs and Local Veterinary Inspectors and was stated to remain in force until 18 March 1994 unless replaced before that date. In relation to the cutting process for boneless beef it stated:

All boneless beef in the UK must comply with the requirements of Decision 90/261. In addition, the guidance below on harvesting of headmeat reflects the advice contained in the Agriculture Select Committee's report on BSE and it is expected that this will shortly be given legislative force. The following action must therefore be taken at all domestic cutting premises in the UK, whether supplying the domestic or export market.

All obvious lymphatic and nervous tissue that is exposed during normal cutting operations must be trimmed off, so that no such material is visible on the surfaces of the cut meat.

Lymphatic and nervous tissue that is removed must not be used in meat preparations or products that are intended for human consumption.

[Guidance on the removal of head meat.] ²¹