The Animal By-Products (Scotland) Regulations 2003 (revoked)

PART 3 S Restrictions on access to animal by-products and their use

Access to animal by-products S

9.—(1) No person shall feed any animal by-product (other than liquid milk or colostrum used on the farm of origin) to any farmed animal, or any other ruminant animal, pig or poultry, unless it has been processed in a Category 3 approved processing plant.

(2) No person shall allow any farmed animal, or any other ruminant animal, pig or poultry, to have access to any animal by-product (other than milk, colostrum or manure) unless it has been–

(a) processed in an approved processing plant;

(b) treated in an approved biogas or composting plant; or

(c) (in the case of digestive tract content) applied to land at least three weeks before the access.

[F1 (3) No person shall bring an animal by-product (other than milk, colostrum, manure or digestive tract content) on to any premises where any farmed animal, or any other ruminant animal, pig or poultry is kept.

(4) Paragraph (3) does not apply if the occupier of the premises and the person in control of the animal by-product ensures that no animal or poultry has or have access to the animal by-product, and if the animal by-product is–

(a) brought on in a vehicle which enters to collect other animal by-products and no animal by-product is removed from the vehicle while on the premises; or

(b) brought on, in accordance with the approval or authorisation for the relevant plant, to premises where there is a–

(i) collection centre, incinerator or other approved premises which was in operation on 1st November 2002; or

(ii) Category 3 intermediate plant, a technical plant, a petfood plant, or a plant where the animal by-products are used for educational, research or diagnostic purposes.

(5) No person shall allow any animal to have access to–

(a) material in a biogas or composting plant; or

(b) compost produced and applied to land in accordance with regulation 16 (composting catering waste on the premises on which it originates) provided that the conditions of that regulation are complied with,

except that wild birds may have access to such material during the secondary or subsequent phase of composting, and to such compost.]

(6) This regulation does not prohibit feeding animal by-products to animals under Article 23(2) of the Community Regulation as implemented by regulation 26(3) of these Regulations.

(7) Any person who fails to comply with any provision of this regulation shall be guilty of an offence.

(8) In this regulation “animal by-product” includes 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.

Textual Amendments

F1 Reg. 9(3)-(5) substituted (13.2.2009) by The Animal By-Products (Scotland) Amendment Regulations 2009 (S.S.I. 2009/7), regs. 1(2), 2(4)

Restrictions on use S

10.  Subject to regulation 12(1), any person who fails to comply with Article 22(1) of the Community Regulation shall be guilty of an offence.

Pasture Land S

11.—(1) For the purposes of Article 22(1)(c) of the Community Regulation, pasture land is land that is intended to be used for grazing or cropping for feedingstuffs following the application or deposit of organic fertilisers and soil improvers within a period of–

(a) two months in the case of pigs; or

(b) three weeks in the case of other farmed animals.

(2) Any person who–

(a) uses pasture land for grazing within the period specified in paragraph (1); or

(b) feeds to pigs or other farmed animals within that period anything cropped from pasture land during that period,

shall be guilty of an offence.

Intra-species recycling of fish S

12.—(1) Notwithstanding regulation 10, it shall not be an offence under these Regulations to feed fish with processed animal protein derived from the bodies or parts of bodies of fish (other than farmed fish of the same species) if this is done in accordance with Articles 2 to 4 of, and Annex I to, Regulation (EC) 811/2003 M1 .

(2) The Scottish Ministers shall be the competent authority for the purposes of Article 5 of Regulation (EC) 811/2003.

Marginal Citations

M1 O.J. No. L 117, 13.5.2003, p. 14.