S.L. 437.42 · Prevention, Control And Eradication Of (S.L. 437.42)
S.L. 437.42 Art. 3Definitions. Cap. 437.
(1) For the purposes of these regulations the following definitions shall apply -
(a) ''animal suspected of being infected by a TSE'' means live, slaughtered or dead animals, which show or have shown neurological or behavioural disorders or a progressive deterioration of the general condition linked to impairment of the central nervous system and for which the information gathered on the basis of a clinical examination, response to treatment, a post-mortem examination or an ante or post-mortem laboratory analysis do not allow an alternative diagnosis to be established. Bovine spongiform encephalopathies (BSE) shall be suspected in bovine animals which have produced a positive result from a rapid test specifically for BSE;
(b) ''alternative test'' means the tests referred to in regulation 8(2) which are used as an alternative to the withdrawal of specified risk material;
(c) ''category'' means one of the classification categories referred to in Chapter C of Schedule II;
(d) ''competent authority'' means the central authority of a Member State, competent to ensure compliance with the requirements of these regulations or any authority to which that central authority has delegated that competence, in particular for the control of feedingstuffs; it shall also include, where appropriate, the corresponding authority of a third country; for the territory of Malta the Veterinary Services are the competent authority;
(e) ''fertilisers'' means any substance containing products of animal origin utilised on land to enhance growth of vegetation; it may include digestion residues from biogas production or composting;
(f) ''holding'' means any place in which animals covered by these regulations are held, kept, bred, handled or shown to the public;
(g) ''placing on the market'' means any operation the purpose of which is to sell live animals or products of animal origin covered by these regulations to a third party in the European Community, or any other form of supply against payment or free of charge to such a third party or storage with a view to supply to such a third party;
(h) ''products of animal origin'' means any product derived from or containing a product derived from any animal covered by the provisions of European Union Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market or European Union Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market;
(i) ''rapid tests'' means the analysis methods referred to in Schedule X, Chapter C, point 4, and for which the results are known within twenty-hours hours;
(j) ''sampling'' means the taking of samples, ensuring a statistically correct representation, from animals or their environment, or from products of animal origin, for the purpose of establishing a disease diagnosis, familial relationships, for health surveillance, or for the monitoring of the absence of microbiological agents or of certain materials in products of animal origin;
(k) ''specified risk material'' means the tissues specified in Schedule V; unless otherwise indicated, it does not include products containing or derived from those tissues;
(l) ''starting materials'' means raw materials or any other product of animal origin out of which, or with the help of which, the products referred to in regulation 1(3)(a) and (b) are produced;
(m) ''trading partner'' in the meaning of article 2 of the Veterinary Services Act, shall mean -
(i) Member States of the European Community;
(ii) Third Countries to the European Community; where relevant;
(n) ''TSEs'' means all transmissible spongiform encephalopathies with the exception of those occurring in humans.
(2) The specific definitions set out in Schedule I shall also apply.
(3) Where the terms in these regulations are not defined in sub-regulation (1) or Schedule I, the relevant definitions given in European Union Parliament and Council Regulation (EC) No 1760/ 2000 and those given in or pursuant to European Union Council Directives 64/432/EEC, 89/662/EEC, 90/425/EEC and 91/68/EEC shall apply insofar as reference is made to them in this text.