OTM Rule Review Consultation

The Over Thirty Months (OTM) rule prevents, under UK law, most OTM cattle being slaughtered for food.

It is one of the three main BSE controls which have been introduced and strengthened since the late 1980s to help protect people from BSE. The other measures are the Specified Risk Material (SRM) controls and the ban on including mammalian meat-and-bone meal in feed for farmed livestock.

As part of the review process, a joint FSA/SEAC risk assessment group provided scientific advice on the risks to consumers posed by OTM cattle under various options for changing the rule. A Core Stakeholder Group considered the measures needed to manage those risks and replacing the OTM rule with BSE testing, taking account of the legal and practical implications and costs. Their findings and recommendations are set out in the attached report. Also attached is a partial Regulatory Impact Assessment.

This consultation has been prepared in accordance with the Better Regulation Executive's Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the Consultation Feedback Questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. Responses will be open to public access upon request. The FSA will also publish a summary of responses, which may include personal data, such as your full name and contact address details. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Comments on the following issues would be particularly welcome:

Changing from the OTM rule is justified

1. While bearing in mind the considerable uncertainties which still surround BSE, the Core Stakeholder Group concluded (paragraphs 47 to 50):

• the results of the risk analysis indicated that the additional public health benefit provided by the OTM rule was small;
• the cost of maintaining the OTM Scheme and OTM rule was large; and
• maintaining the rule was therefore disproportionate to the level of public health protection and that a move to replacing the rule by testing OTM cattle justified.

Do you agree with this conclusion?

The options

2. The Core Stakeholder Group agreed two alternative options to the OTM rule should be considered (paragraph 85)

• Allowing cattle born after 1 August 1996 into the food supply; or
• Allowing cattle of any age into the food supply.

Which of these options do you prefer? Why?

NOTE: EU-wide rules require a negative test result for BSE and for the vertebral column to be removed from OTM cattle slaughtered for human consumption before the carcase is released into the food supply.

Enforcement

3. The Core Stakeholder Group considered that there should be safeguards to ensure the effective enforcement of a new regime (paragraphs 63 to 64). These were

• If a birth-date option were chosen, enhancements to cattle tracing and eartag allocation systems (particularly in Great Britain) to reduce error and fraud must be put in place;
• A dentition check should continue to be carried out to ensure that the requirements to BSE test and remove vertebral column are applied all OTM cattle.

Do you agree? Do you have any suggestions on these measures?

Implementation

4. The Core Stakeholder Group recommended a number of provisos on the implementation of alternatives to the OTM rule (paragraphs 70 to 72 and 77). These were

• Demonstrable arrangements for reliable and timely BSE testing and traceability of all parts of the carcase;
• A transparent testing system, including the reporting of failures, subject to an independent review six months after implementation;
• Effective arrangements for the removal of vertebral column from OTM cattle.

Do you agree? Do you have any other suggestions?

Further risk reduction measures

5. The Core Stakeholder Group made a number of more detailed recommendations on additional risk reduction measures (paragraphs 78 and 81). These were

• Investigation to assess the potential for dorsal root ganglia to remain in meat when the vertebral column is removed and, if appropriate, to establish a protocol for this operation;
• Exclude OTM casualty cattle from the food supply.

Do you have any views on these suggestions? Do you have any other suggestions?

Next steps

As yet, no decisions have been made. The Core Stakeholder Group’s report, together with the results of this consultation, will be considered by the FSA Board at their public meeting on 10 July 2003 in London. The FSA Board will then make recommendations to Ministers. Any changes to the OTM rule as a result of this process are unlikely to take effect before 1 January 2004.

Imports

The Core Stakeholder Group was aware that any changes in the OTM rule would also apply to imported beef (paragraph 82). However, risk assessment information on beef imported from the Republic of Ireland (by far the largest supplier of imported beef) will come forward at a later stage in the Review. The Group formed the view that whatever option is adopted for the future, there should not be an unacceptable discrepancy in risk between imported and home produced beef.

A list of interested parties to whom this letter has been sent is available on request.

Please feel free to bring this consultation to the attention of anyone that you feel may have an interest in the Review. We would be happy to arrange to send printed copies on.

This consultation has been prepared in accordance with the Cabinet Office's Code of Practice on Written Consultation, available at www.cabinet-office.gov.uk

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact Chris Harvey, the FSA Consultation Co-ordinator, on 020 7276 8630.
Email: chris.harvey@foodstandards.gsi.gov.uk