The Animal By-Products Order 1999

Explanatory Note

(This note is not part of the Order)

This Order revokes and replaces the Diseases of Animals (Waste Food) Order 1973 as amended, the Processed Animal Protein Order 1989 and the Animal By-Products Order 1992 as amended. It implements—

• Council Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending directive 90/425/EEC (OJ No. L363, 27.12.90, p. 51) as supplemented by:

• Commission Decision 92/562/EEC on the approval of alternative heat treatment systems for processing high-risk material (OJ No. L359, 9.12.92, p. 23);

• Commission Decision 94/382/EC on the approval of alternative heat treatment systems for processing animal waste of ruminant origin, with a view to the inactivation of spongiform encephalopathy agents (text with EEA relevance) (OJ No. L172, 7.7.94, p. 25);

• Commission Decision 95/29/EC amending Decision 94/382/EC on the approval of alternative heat treatment systems for processing animal waste of ruminant origin, with a view to the inactivation of spongiform encephalopathy agents (OJ No. L38, 18.2.95, p. 17); and

• Commission Decision 96/449/EC on the approval of alternative heat treatment systems for processing animal waste with a view to the inactivation of spongiform encephalopathy agents (text with EEA relevance) (OJ No. L184, 24.6.96, p. 43).

These establish systems and standards for the rendering of animal by-products.

The Order also implements Council Decision 95/348/EC laying down the veterinary and animal health rules applicable in the United Kingdom and Ireland to the treatment of certain types of waste intended to be marketed locally as feedstuffs for certain animal categories (OJ No. L202, 26.8.95, p. 8).

In addition, it implements Article 15 of Council Directive 80/217/EEC introducing Community measures for the control of classical swine fever (OJ No. L47, 21.2.80, p. 11) which requires member States to control the swill feeding of pigs.

Animal by-products

Animal by-products are defined in Part I of the Order as carcases or parts of carcases, or products of animal origin, which are not intended for human consumption, but the definition excludes catering waste and excreta. Animal by-products are divided into two categories: high risk (e.g. fallen stock) and low risk (e.g. slaughterhouse waste which is fit for human consumption).

Part II of the Order requires that animal by-products be disposed of, without undue delay, by—

(a) rendering in approved premises. The Order sets construction and operational standards for such premises; sets the standards to which by-products must be rendered; and requires the microbiological testing of rendered material intended for use in animal feedingstuffs other than swill and petfood;

(b) incineration;

(c) in certain, specified circumstances, burning or burial;

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

(e) for low risk material only, use for the production of pet food, pharmaceutical or technical products. The Order requires such premises to be registered and to have suitable facilities for the disposal of unused or waste material;

(f) for low risk material and certain types of high risk material, treatment at a knacker’s yard or use at hunt kennels, maggot farms and similar premises. The Order sets construction and operational standards for approved knackers' yards and the standards to which knackers must treat by-products for use as feedingstuffs for animals whose flesh is not intended for human consumption. It also requires hunt kennels and similar premises to be registered;

(g) export from Great Britain.

Part II also controls the approval of laboratories, the transport of animal by-products and the records which must be kept (articles 16 to 18).

Catering waste

Part III of the Order requires catering waste which contains, or has been in contact with, meat or meat products to be processed on approved premises to appropriate standards if it is to be fed to pigs and poultry as swill. It may not be fed to ruminant animals. The Order sets the construction and operational standards for such premises.

Part IV of the Order regulates the feeding of swill (defined as processed catering waste and rendered non-mammalian animal by-products) to pigs and poultry and requires the approval of premises from which swill is consigned or on which it is fed to pigs or poultry.

Part V of the Order makes provision for the service of notices requiring animal by-products and catering waste to be disposed of and for the cleansing and disinfection of vehicles, and also powers of inspectors. There are transitional provisions for approvals and licences granted under the revoked legislation to remain valid.

The Order is enforced by the appropriate Minister in certain specified premises producing meat for human consumption, and in all other cases by the local authority.

Breach of the Order is an offence under section 72 of the Animal Health Act 1981 punishable on conviction by a fine at level 5 on the standard scale.

A regulatory impact assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (Disease Control) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.