Animal By-Products Order 1999

Year1999

1999 No. 646

ANIMALSANIMAL HEALTH

The Animal By-Products Order 1999

Made 8th March 1999

Coming into force 1st April 1999

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 8(1), 87(2), (3) and (5)(a) and 88(2) and (4)(a) of the Animal Health Act 19811, and of all other powers enabling them in that behalf, make the following Order:

1 INTRODUCTION

PART I

INTRODUCTION

S-1 Title and commencement

Title and commencement

1. This Order may be cited as the Animal By-Products Order 1999 and shall come into force on 1st April 1999.

S-2 Extension of definitions of “animals” and “poultry”

Extension of definitions of “animals” and “poultry”

2. For the purposes of the Animal Health Act 1981 in its application to this Order—

(a) the definition of “animals” in section 87(1) of that Act is hereby extended so as to comprise—

(i) any kind of mammal except man;

(ii) any kind of four-footed beast which is not a mammal;

(iii) fish, reptiles and crustaceans; and

(iv) other cold-blooded creatures of any species;

(b) the definition of “poultry” in section 87(4) of that Act is hereby extended so as to comprise all birds; and

(c) the definitions of “disease” in section 88(1) and (3) of that Act are hereby extended so as to comprise all diseases of animals and birds.

S-3 Interpretation and scope

Interpretation and scope

3.—(1) In this Order, unless the context otherwise requires—

“animal” includes poultry;

“animal by-products” means—

(a) animal carcases;

(b) parts of animal carcases (including blood); or

(c) products of animal origin;

not intended for human consumption, with the exception of animal excreta and catering waste;

“approved” means approved under this Order by the appropriate Minister;

“catering waste” means the following products when they are no longer intended for human consumption—

(a) waste from catering and domestic waste;

(b) waste from the production of products which are intended to be used for human consumption without further cooking; or

(c) waste from the production of bread, cakes, pasta, pastry, pizzas and similar products (whether or not intended to be used for human consumption without further cooking);

“high risk material” means animal by-products of the following description, or any material containing such by-products—

(a) animal by-products which present a serious risk of spreading communicable disease to man or animals;

(b) all animals kept for agricultural production, which have died or been killed but were not slaughtered for human consumption, including stillborn animals and foetuses but excluding animals slaughtered during transit for reasons of their welfare;

(c) dead animals not referred to in paragraph (b) but which are designated as high risk material by notice by the appropriate Minister;

(d) animals (other than those slaughtered for human consumption) which are killed in the context of disease control measures;

(e) animal by-products (including blood) from animals which, during pre-slaughter veterinary inspection, show clinical signs of disease communicable to man or animals;

(f) fish which show clinical signs of disease communicable to man or fish;

(g) all animal by-products (other than hides, skins, hooves, feathers, wool, horns, blood and similar products) which are from animals (other than fish, crustaceans or molluscs) slaughtered in the normal way if either—

(i) the animal by-product is not presented for post-mortem veterinary inspection; or

(ii) during post-mortem veterinary inspection the animal by-product shows gross pathological lesions indicating disease communicable to man or animals;

(h) all meat, poultrymeat, fish, game and foodstuffs of animal origin which are spoiled in such a way that they present a risk to human or animal health;

(i) animal by-products from animals, fish or game, fresh meat, poultrymeat, meat products and milk products imported from any country other than a member State which fail to comply with the veterinary requirements for their importation into the Community, unless they are re-exported or their import is accepted under restrictions laid down in Community provisions; or

(j) animal by-products containing residues of substances which may pose a danger to human or animal health, or milk, meat or products of animal origin rendered unfit for human consumption by the presence of such residues;

“knacker’s yard” means any premises used in connection with the business of killing, flaying or cutting up animals the flesh of which is not intended for human consumption but does not include—

(a) hunt kennels or other premises where the flesh is fed to animals;

(b) premises used for diagnostic, educational or research purposes;

(c) premises which do not take high risk material; or

(d) premises where animals are cut up solely for the purpose of incineration;

“low risk material” means animal by-products other than high risk material;

“pharmaceutical or technical products” means products intended for purposes other than human food or animal feedingstuffs;

“swill” means—

(a) non-mammalian animal by-products rendered in accordance with paragraph 5 of Part I of Schedule 2; or

(b) catering waste processed in accordance with Schedule 5.

(2) Rendered material complies with the microbiological standards for the purposes of this Order if—

(a)

(a) in the case of rendered material derived from high risk material, it is free fromClostridium perfringens;

(b)

(b) it is free from Salmonella; and

(c)

(c) it successfully passes the test forEnterobacteriaceaein paragraph 5 of Part IV of Schedule 3.

(3) The provisions of this Order shall not apply in relation to—

(a)

(a) hides, skins, shells, hooves, feathers, wool, horns, blood and similar products which are not used in the manufacture of feedingstuffs but shall apply to such products when originating from animals which show clinical signs of any disease communicable through that product to man or animals;

(b)

(b) specified risk material controlled by the Specified Risk Material Regulations 19972or the Specified Risk Material Order 19973;

(c)

(c) a by-product from a wild mammal or wild bird other than one produced in premises used for processing mammals or birds;

(d)

(d) petfood from butchers' shops;

(e)

(e) milk or milk products other than—

(i) high risk milk or milk products; and

(ii) milk or milk products originating from animals which show clinical signs of any disease communicable through milk or milk products to man or animals;

(f)

(f) fish caught and discarded at sea and waste from the processing of fish at sea; or

(g)

(g) the feeding of birds of prey.

(5) Any reference in this Order to a Schedule or article is, unless the context otherwise requires, a reference to a Schedule to this Order or an article of this Order.

2 DISPOSAL OF HIGH RISK AND LOW RISK MATERIAL

PART II

DISPOSAL OF HIGH RISK AND LOW RISK MATERIAL

S-4 Scope of Part II

Scope of Part II

4. The provisions of this Part shall apply in relation to all high risk and low risk material.

S-5 Restrictions on disposal of animal by-products

Restrictions on disposal of animal by-products

5.—(1) Subject to the following provisions of this article, any person who has in his possession or under his control any animal by-product shall without undue delay consign it for, or dispose of it by—

(a)

(a) rendering or part-rendering in approved premises;

(b)

(b) incineration;

(c)

(c) burning other than in an incinerator, or burying, if—

(i) it is is a place where access is difficult; or

(ii) the quantity of by-product and the distance to premises in which disposal is otherwise permitted under this article do not justify transporting it;

(d)

(d) use for diagnostic, educational or research purposes;

(e)

(e) in the case of low risk material, production of petfood or pharmaceutical or technical products, or storage for the production of petfood, at premises registered under article 12;

(f)

(f) treatment at an approved knacker’s yard, or feeding to zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait at premises registered under article 13, provided that the material consigned is—

(i) a by-product referred to in paragraph (b), (c) or (g)(i) of the definition of high risk material in article 3(1) (provided that it is not from an animal slaughtered as a result of the presence or suspected presence of a notifiable disease listed in Annex I to Council Directive 82/894/EEC(on the notification of animal diseases within the Community)4); or

(ii) low risk material; or

(g)

(g) export from Great Britain.

(2) If the appropriate Minister serves on the person in charge by any animal by-product a notice certifying that—

(a)

(a) the by-product is from animals infected with, or suspected of being infected with, an epizootic disease and should not be transported because of health risks;

(b)

(b) the by-product contains, or is suspected of containing, residues or pathogens which could constitute a risk to human or animal health and which could survive rendering; or

(c)

(c) there is a lack of capacity at rendering premises or incinerators;

then that person shall, without undue delay, dispose of the by-product by burning or by burial as may be specified in the notice.

(3) No person shall feed to any ruminant animal, pig or poultry, or allow any such animal to have access to, any unrendered animal by-product.

S-6 Collection and transport of animal by-products

Collection and transport of animal by-products

6. Any person collecting or transporting animal by-products shall—

(a) use adequately covered leak-proof containers or vehicles;

(b) maintain vehicles, tarpaulins or other covers and reusable containers in a clean condition; and

(c) where animal by-products derived from animals or fish fit for human consumption are transported in bulk directly to rendering premises, label the container with—

(i) the source and...

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