The Animal By-Products Regulations 2005
| Year | 2005 |
2005 No. 2347
ANIMALS, ENGLANDANIMAL HEALTH
The Animal By-Products Regulations 2005
Made 19th August 2005
Laid before Parliament 24th August 2005
Coming into force 28th September 2005
The Secretary of State, being designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures in the veterinary and phytosanitary fields for the protection of public health, in exercise of the powers conferred on her by that section, makes the following Regulations—
PART 1
Introduction
Title, extent and commencement
1. These Regulations may be cited as the Animal By-Products Regulations 2005; they apply in England and come into force on 28th September 2005.
Interpretation
2.—(1) In these Regulations—
“the Community Regulation” means Regulation (EC) No 1774/2002of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption3as amended by and as read with—
(a) Commission Regulation (EC) No. 808/2003amending Regulation (EC) No. 1774/2002of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption4;
(b) Commission Regulation (EC) No. 811/2003implementing Regulation (EC) No. 1774/2002of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures5;
(c) Commission Regulation (EC) No. 813/2003on transitional measures under Regulation (EC) No. 1774/2002of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs6;
(d) Commission Decision 2003/326/ECon transitional measures under Regulation (EC) No. 1774/2002of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants7;
(e) Commission Decision 2004/407/ECon transitional sanitary and certification rules under Regulation (EC) No. 1774/2002of the European Parliament and of the Council as regards import from certain third countries of photographic gelatine8;
(f) Commission Regulation (EC) No. 668/2004amending certain Annexes to Regulation (EC) No. 1774/2002of the European Parliament and of the Council, as regards the importation from third countries of animal by-products9;
(g) Commission Regulation (EC) No. 878/2004laying down transitional measures in accordance with Regulation (EC) No. 1774/2002for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes10;
(h) Commission Regulation (EC) No. 79/2005implementing Regulation (EC) No. 1774/2002of the European Parliament and of the Council as regards the use of milk, milk-based products and milk-derived products, defined as Category 3 material in that Regulation11.
(i) Commission Regulation (EC) No. 92/2005implementing Regulation (EC) No. 1774/2002of the European Parliament and of the Council as regards means of disposal or uses of animal by-products and amending its Annex VI as regards biogas transformation and processing of rendered fats12;
(j) Commission Regulation (EC) No. 93/2005amending Regulation (EC) No. 1774/2002of the European Parliament and of the Council as regards processing of animal by-products of fish origin and commercial documents for the transportation of animal by-products13;
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations;
“local authority” means—
(a) where there is, within the meaning of the Local Government Changes for England Regulations 199414, a unitary authority for that local government area, that authority;
(b) where there is not a 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;
(iv) in the City of London, the Common Council.
(2) Category 1 material, Category 2 material and Category 3 material comprise the animal by-products set out in Articles 4, 5 and 6 respectively of the Community Regulation, and other expressions defined in the Community Regulation have the same meaning in these Regulations.
Approvals, etc.
3. Any approval, authorisation, registration, instruction, notice or recognition issued under these Regulations or the Community Regulation must be in writing, and may be made subject to such conditions as are necessary to—
(a) ensure that the provisions of the Community Regulation and these Regulations are complied with; or
(b) protect public and animal health.
PART 2
Collection, transportation, storage, handling, processing and disposal of animal by-products
Category 1 material
4.—(1) Any person who has in his possession or under his control any Category 1 material and who fails to comply with Article 4(2) or Article 4(3) of the Community Regulation is guilty of an offence.
(2) For the purposes of Article 4(2)(b) of the Community Regulation the material may be processed using any of the processing methods 1 to 5.
(3) This regulation does not apply in relation to material referred to in Article 4(1)(e) of the Community Regulation (catering waste from means of transport operating from outside the Community).
Category 2 material
5.—(1) Any person who has in his possession or under his control any Category 2 material and who fails to comply with Article 5(2), Article 5(3) or Article 5(4) (other than the provision in Article 5(4) relating to export) of the Community Regulation is guilty of an offence.
(2) For the purposes of Article 5(2)(b) of the Community Regulation the material may be processed using any of the processing methods 1 to 5.
(3) For the purposes of Article 5(2)(e) of the Community Regulation the animal by-products specified in that paragraph may be applied to land provided that the Secretary of State has not imposed any restrictions relating to animal health in relation to those by-products.
Category 3 material
6. Any person who has in his possession or under his control any Category 3 material and who fails to comply with Article 6(2) or Article 6(3) of the Community Regulation is guilty of an offence.
Mixing mammalian and non-mammalian by-products
7. Where mammalian by-products and non-mammalian by-products are mixed the mixture shall be regarded as mammalian by-products.
Collection, transportation and storage
8.—(1) Any person who fails to comply with Article 7(1), 7(2) or 7(5) of the Community Regulation is guilty of an offence.
(2) For the purposes of paragraph (1), if different categories of animal by-products are transported on one vehicle but in different containers or compartments, and complete separation of the different kinds of by-products cannot be guaranteed, the by-products transported shall be treated as the highest risk category of the by-products transported.
(3) In accordance with Article 7(6) of that Regulation, the provisions of Article 7 do not apply in relation to manure transported within the United Kingdom.
(4) In accordance with Annex II, Chapter X, paragraph 1 to the Community Regulation, animal by-products transported within the United Kingdom may be accompanied by any commercial document that contains the information in Annex II, Chapter III to the Community Regulation, irrespective of the format.
PART 3
Restrictions on access to animal by-products and their use
Restrictions on feeding catering waste and other animal by-products
9.—(1) It is an offence to contravene Article 22(1)(b) of the Community Regulation (which prohibits the feeding of farmed animals with catering waste or feed materials containing or derived from catering waste) and it is also an offence to feed such materials to any other ruminant animal, pig or bird.
(2) It is an offence to feed to any ruminant animal, pig or bird any other animal by-product (unless it has been processed in accordance with the Community Regulation) other than—
(a)
(a) liquid milk or colostrum used on the farm of origin; or
(b)
(b) in accordance with Article 23(2) of the Community Regulation as applied by regulation 26(3) of these Regulations.
Intra-species recycling
10.—(1) It is an offence to contravene Article 22(1)(a) of the Community Regulation (which prohibits intra-species re-cycling).
(2) Notwithstanding paragraph (1), it is not an offence to feed fish with processed animal protein derived from the bodies or parts of bodies of fish if this is done in accordance with Articles 2 to 4 of, and Annex I to, Commission Regulation (EC) No. 811/2003.
(3) The Secretary of State is the competent authority for the purposes of Article 5 of Commission Regulation (EC) No. 811/2003.
Access to catering waste and other animal by-products
11. This regulation applies in relation to—
(a) catering waste of all kinds (including catering waste to which the Community Regulation does not apply because of Article 1(2)(e) of that Regulation) unless it has been either—
(i) processed using method 1 in Annex V, Chapter III to the Community Regulation, or
(ii) treated in accordance with the Community Regulation and these Regulations; and
(b) other animal by-products that have not been processed or treated in accordance with the Community Regulation and these Regulations.
(2) Any person who brings any catering waste or other animal by-product (other than milk,...
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