The TSE (Wales) Regulations 2002

Processed animal protein E+W

Feeding of processed animal protein to farmed animals E+W

14.—(1) Subject to paragraph (2) below, it is prohibited for any person to feed any processed animal protein to a farmed animal.

(2) The prohibition in paragraph (1) above shall not apply to—

(a) the feeding to farmed animals other than ruminants of fishmeal—

(i) produced in Wales in premises approved under regulation 16, which are used in accordance with the conditions of the approval, and transported and intermediately stored in accordance with the conditions specified in paragraphs 1, 2 and 3 of Schedule 2 to these Regulations;

(ii) produced in another part of the United Kingdom in premises approved by the competent authority of that part in accordance with Annex I to the Commission Decision, which are used in accordance with the conditions of that approval, and transported and intermediately stored in accordance with the conditions specified in that Annex;

(iii) produced in another member State in premises approved by the competent authority of that member State in accordance with Annex I to the Commission Decision, which are used in accordance with the conditions of that approval, and transported and intermediately stored in accordance with the conditions specified in that Annex; or

(iv) produced in a third country and which—

• – before being sold or supplied in Wales, has been analysed in accordance with Commission Directive 98/88/EC M1 ;

• – is transported directly from the border inspection post in accordance with the conditions specified in paragraphs 4 and 5 of Schedule 2 to these Regulations; and

• – is not intermediately stored otherwise than in accordance with the conditions of paragraph 3 of that Schedule;

(b) the feeding to farmed animals of gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC M2 concerning additives in feeding stuffs;

(c) the feeding to farmed animals other than ruminants of dicalcium phosphate—

(i) produced in Wales in premises approved and used as mentioned in regulation 17(1) and (3) below;

(ii) produced in another part of the United Kingdom in premises approved by the competent authority of that part in accordance with the Commission Decision and used in accordance with that approval; or

(iii) produced in another member State in premises approved by the competent authority of that member State in accordance with the Commission Decision and used in accordance with that approval;

(d) the feeding to farmed animals other than ruminants of hydrolysed protein—

(i) produced in Wales in premises approved and used as mentioned in regulation 17(2) and (3) below;

(ii) produced in another part of the United Kingdom in premises approved by the competent authority of that part in accordance with the Commission Decision and used in accordance with that approval; or

(iii) produced in another member State in premises approved by the competent authority of that member State in accordance with the Commission Decision and used in accordance with that approval; or

(e) the feeding to farmed animals of milk and milk products.

Marginal Citations

M1 OJ No. L318, 27.11.1988, p.45.

M2 OJ No. L270, 14.12.1970, p.1, as last amended by Directive 1999/70/EC (OJ No. L80, 25.3.1999, p.20).

Sale or supply of processed animal protein intended for the feeding of farmed animals E+W

15.—(1) Subject to paragraph (2) below, it is prohibited for any person to sell or supply any processed animal protein intended for the feeding of any farmed animal.

(2) The prohibitions in paragraph (1) above shall not apply to the sale or supply of—

(a) fishmeal referred to in regulation 14(2)(a) above for feeding to farmed animals other than ruminants;

(b) gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC concerning additives in feeding stuffs;

(c) dicalcium phosphate referred to in regulation 14(2)(c) above for feeding to farmed animals other than ruminants;

(d) hydrolysed protein referred to in regulation 14(2)(d) above for feeding to farmed animals other than ruminants; or

(e) milk and milk products.

Production of fishmeal for feeding to farmed animals other than ruminants E+W

16.—(1) It is prohibited for any person to use any premises for the production of fishmeal for feeding to farmed animals other than ruminants unless—

(a) the premises are approved for this purpose by the National Assembly under this regulation; and

(b) fishmeal produced at the premises—

(i) is not transported from the premises otherwise than in accordance with the conditions specified in paragraphs 1 and 2 of Schedule 2 to these Regulations; and

(ii) is not intermediately stored otherwise than in accordance with the condition specified in paragraph 3 of that Schedule.

(2) On an application made to it under this regulation for the approval of premises for the production of fishmeal for feeding to farmed animals other than ruminants, the National Assembly shall approve the premises for this purpose if, following an inspection of the premises by a veterinary inspector, it is satisfied that—

(a) the premises will be dedicated only to fishmeal production;

(b) the premises are ABPO approved; and

(c) the occupier of the premises will be able to ensure that fishmeal is transported from the premises and intermediately stored in accordance with the conditions specified in paragraphs 1, 2 and 3 of Schedule 2 to these Regulations.

(3) The person carrying on any business at premises approved under this regulation must ensure that—

(a) the production of fishmeal at the premises is in accordance with the approval and in compliance with the provisions of this regulation;

(b) any person employed by him or her, and any person invited to the premises, complies with those provisions; and

(c) any inspector, and any person acting under the authority of an inspector, is provided with adequate facilities so as to enable him or her to carry out their functions under these Regulations in relation to the premises and that he or she is given all reasonable assistance and access to those records (including any records held in electronic form) that he or she may at any reasonable time require for that purpose.

Production of dicalcium phosphate and hydrolysed protein for feeding to farmed animals other than ruminants E+W

17.—(1) It is prohibited for any person to use any premises for the production of dicalcium phosphate for feeding to farmed animals other than ruminants unless—

(a) the premises—

(i) are approved for this purpose by the National Assembly under this regulation; and

(ii) are used for this purpose in accordance with the conditions specified in Schedule 3 to these Regulations; and

(b) transport of dicalcium phosphate to the premises is in accordance with the conditions specified in paragraph 4 of that Schedule.

(2) It is prohibited for any person to use any premises for the production of hydrolysed protein for feeding to farmed animals other than ruminants unless—

(a) the premises—

(i) are approved for this purpose by the National Assembly under this regulation; and

(ii) are used for this purpose in accordance with the conditions specified in Schedule 4 to these Regulations; and

(b) transport of the hydrolysed protein to the premises is in accordance with the conditions specified in paragraph 3 of that Schedule.

(3) On an application made to it for the approval of premises for the production of dicalcium phosphate or hydrolysed protein, the National Assembly shall approve the premises for the production concerned if, following an inspection of the premises by a veterinary inspector, it is satisfied that—

(a) the premises are ABPO approved;

(b) the occupier of the premises will be able to maintain and use the premises in accordance with the ABPO approval;

(c) in respect of an application for approval of the premises for production of dicalcium phosphate, the occupier of the premises will be able to comply with the conditions specified in Schedule 3 to these Regulations; and

(d) in respect of an application for approval of the premises for production of hydrolysed protein, the occupier of the premises will be able to comply with the conditions specified in Schedule 4 to these Regulations.

(4) The occupier of premises approved under this regulation must ensure that—

(a) in respect of the production of dicalcium phosphate at the premises, the production is in accordance with the approval and complies with the provisions of this regulation and Schedule 3 to these Regulations;

(b) in respect of the production of hydrolysed protein at the premises, the production is in accordance with the approval and complies with the provisions of this regulation and Schedule 4 to these Regulations;

(c) any person employed by him or her, and any person invited to the premises, complies with those provisions; and

(d) any inspector, and any person acting under the authority of an inspector, is provided with adequate facilities so as to enable him or her to carry out their functions under these Regulations in relation to the premises and that he or she is given all reasonable assistance and access to those records (including any records held in electronic form) that he or she may at any reasonable time require for that purpose.

Transport and storage of processed animal protein E+W

18.—(1) It is prohibited for any person to transport from or to any premises, or store in bulk at any premises, any processed animal protein the sale or supply of which is prohibited by regulation 15 above, unless he or she and the premises are registered by the Secretary of State for the purpose and the premises are not used for the preparation of feeding stuffs for ruminant animals.

(2) The Secretary of State shall register premises under this regulation where the occupier declares the premises are capable of being used in accordance with the Commission Decision.

(3) Where a vehicle used for the transport of any dicalcium phosphate, or hydrolysed protein, for feeding to farmed animals other than ruminants, is subsequently used for the transport of any other product, the person using the vehicle for the transport of such dicalcium phosphate or hydrolysed protein must ensure the vehicle is thoroughly cleaned and inspected before the transport of the other product and before the first subsequent transport of any dicalcium phosphate or hydrolysed protein for feeding to farmed animals other than ruminants.