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

Regulations 15 and 19

SCHEDULE 1 S Additional requirements for biogas and composting plants

PART 1 S Premises

1.—(1) There shall be– S

(a) a reception area in which untreated animal by-products are received;

(b) an area in which vehicles and containers are cleansed and disinfected with adequate facilities for doing this; and

(c) a clean area in which treated compost or digestion residues are stored.

(2) The clean area shall be adequately separated from the reception area and the area in which vehicles and containers are cleansed and disinfected so as to prevent contamination of the treated material. Floors shall be laid so that liquid cannot seep into the clean area from other areas.

(3) The reception area shall be easy to clean and disinfect and shall have an enclosed and lockable place or container to receive and store the untreated animal by-products.

2.  The animal by-products shall be unloaded in the reception area and either– S

(a) treated immediately; or

(b) stored in the reception area and treated without undue delay.

3.  The plant shall be operated in such a way that– S

(a) treated material is not contaminated by untreated or partially treated material or liquids arising from it; and

(b) partially treated material is not contaminated by material which has not been treated to the same extent or liquids arising from it.

4.  The operator shall identify, control and monitor suitable critical points in the operation of the plant to demonstrate that– S

(a) these Regulations and the Community Regulation are complied with;

(b) treated material is not contaminated by untreated or partially treated material or liquids arising from it; and

(c) partially treated material is not contaminated by material which has not been treated to the same extent or liquids arising from it.

5.  Containers, receptacles and vehicles used for transporting untreated animal by-products shall be cleaned in the dedicated area before they leave the premises and before any treated material is loaded. In the case of vehicles transporting only untreated catering waste and not subsequently transporting treated material, only the wheels of the vehicle need be cleaned. S

PART 2 S Treatment systems and parameters for catering waste

1.  Unless an approval specifically permits a different system, catering waste shall be treated by one of the systems specified in the table below. The system must ensure that the material is treated to the following parameters: S

Composting

System	Composting in a closed reactor (A)	Composting in a closed reactor (B)	Composting in housed windrows
Maximum Particle size	40cm	6cm	40cm
Minimum Temperature	60°C	70°C	60°C
Minimum Time spent at the minimum temperature	2 days	1 hour	8 days (during which the windrow shall be turned at least 3 times at no less than 2 day intervals)

The time temperature requirements shall be achieved as part of the composting process.

Biogas

System	Biogas in a closed reactor (A)	Biogas in a closed reactor (B)
Maximum Particle size	5cm	6cm
Minimum Temperature	57°C	70°C
Minimum Time spent at the minimum temperature	5 hours	1 hour

2.  The approval shall normally specify one of the methods in the table, but the Scottish Ministers may approve a different system if they are satisfied that it achieves the same reduction in pathogens as those methods (including any additional conditions imposed on those methods) in which case the approval shall fully describe the whole system. S

Composting plants S

3.  If the approval for a composting plant specifies one of the methods in the table, it shall in addition have as a condition either that–

(a) measures shall be taken at source to ensure that meat was not included in the catering waste and that following treatment the material was stored for at least 18 days; or

(b) following the first treatment, the material shall be treated again using one of the methods in the table and specified in the approval (not necessarily the same method as was used for the first treatment) except that, if the treatment is in a windrow, the second treatment need not be in a housed windrow.

Biogas plants S

4.  The approval of a biogas plant shall specify one of the methods in the table and in addition require that either–

(a) measures shall be taken at source to ensure that meat was not included in the catering waste; or

(b) following treatment the material is stored for an average of 18 days after treatment (storage need not be in an enclosed system).

Regulation 21

SCHEDULE 2 S Testing Methods

PART 1 S METHOD FOR THE ISOLATION OF CLOSTRIDIUM PERFRINGENS

Time of testing S

1.  Tests shall be begun on receipt of the sample or on the first working day which allows this method to be completed. If the test is not begun on the day of receipt the sample shall be stored in a refrigerator at between 2°C and 8°C until required. If the sample has been refrigerated it shall be removed from the refrigerator and stored at room temperature for at least one hour before the test is started.

Samples S

2.  Tests shall be carried out using two 10 gram portions of each sample submitted for testing. Each 10 gram sample shall be placed aseptically in a sterile container containing 90 ml Clostridium perfringens diluent consisting of 0.1% peptone and 0.8% sodium chloride at a pH of 7 and mixed thoroughly until the sample is evenly suspended.

Inoculations S

3.  For each portion of the sample 1 ml of solution shall be transferred to a sterile 90 mm petri dish (in duplicate), to which 15 ml of Shahidi – Ferguson agar (SF agar) M1 at a temperature of 47°C±1°C shall be added and immediately gently mixed by swirling the dish with 5 clockwise and 5 anticlockwise circular movements.

Marginal Citations

M1 Shahidi-Ferguson agar – see Shahidi, S. A. and Ferguson, A. R. (1971) Applied Microbiology 21:500–506.American Society for Microbiology, 1913 1 St N.W., Washington DC 20006, USA.

4.  Once the agar has set, each agar plate shall be overlaid with a further 10 ml SF agar at a temperature of 47°C±1°C. Once the overlay has set and with the plate lids uppermost the plates shall be incubated anaerobically at 37°C±1°C for 20 hours±2 hours. S

Samples with colonies of Clostridium perfringens S

5.  After incubation, each set of duplicate plates shall be examined for colonies characteristic of Clostridium perfringens (black). The sample provisionally fails if any colonies characteristic of Clostridium perfringens are present, in which case the following procedure shall be followed to establish whether or not the colonies are Clostridium perfringens.

6.  In the case of each plate, 10 characteristic colonies of Clostridium perfringens shall be subcultured on to a further SF agar plate. If there are less than 10 colonies on the plate, all characteristic colonies shall be subcultured on to the further plate. The plates shall be incubated anaerobically at 37°C±1°C for 20 hours±2 hours. S

7.  If the surface area of the plates is overgrown and it is not possible to select well isolated characteristic colonies, 10 suspect colonies shall be subcultured on to duplicate SF agar plates and incubated anaerobically at 37°C±1°C for 20 hours±2 hours. S

8.  One characteristic colony from each plate shall be subcultured on to SF agar and incubated anaerobically at 37°C±1°C for 20 hours±2 hours. S

Subcultured colonies S

9.  After incubation each plate shall be examined for colonies characteristic of Clostridium perfringens. All colonies characteristic of Clostridium perfringens shall be–

(a) stab inoculated into motility nitrate medium M2 ; and

(b) inoculated into either lactose gelatin medium M3 or charcoal gelatin discs M4 , and incubated anaerobically at 37°C±1°C for 20 hours±2 hours.

Marginal Citations

M2 Motility nitrate medium – see Hauschild AHW, Gilbert RJ, Harmon SM, O'Keefe MF, Vahlefeld R, (1997) ICMSF Methods Study VIII, Canadian Journal of Microbiology 23, 884–892. National Research Council of Canada, Ottawa ON K1A oR6, Canada.

M3 Lactose gelatin medium – see Hauschild AHW, Gilbert RJ, Harmon SM, O'Keefe MF, Vahlefield R, (1997) ICMSF Methods Study VIII, Canadian Journal of Microbiology 23, 884–892.

M4 Charcoal gelatin discs – see Mackie and McCartney, (1996) Practical Medical Microbiology 14, 509. Churchill Livingstone, Robert Stevenson House, 1-3 Baxter’s Place, Leith Walk, Edinburgh EH1 3AF.

EXAMINATION OF SUBCULTURES S

 

Motility S

10.  The motility nitrate medium shall be examined for the type of growth along the stab line. If there is evidence of diffuse growth out into the medium away from the stab line, the bacteria shall be considered to be motile.

Reduction of nitrate to nitrite S

11.  After examination of the motility nitrate medium, 0.2 ml to 0.5 ml of nitrite detection reagent shall be added to it. The formation of a red colour confirms that the bacteria have reduced nitrate to nitrite. Cultures that show a faint reaction (i.e. a pink colour) should be discounted. If no red colour is formed within 15 minutes, a small amount of zinc dust shall be added and the plate allowed to stand for 15 minutes. If a red colour is formed after the addition of zinc dust no reduction of nitrate to nitrite has taken place.

Production of gas and acid from lactose and liquefaction of gelatin S

12.  The lactose gelatin medium shall be examined for the presence of small gas bubbles in the medium.

13.  The lactose gelatin medium shall be examined for colour. A yellow colour indicates fermentation of lactose. S

14.  The lactose gelatin medium shall be chilled for one hour at between 2°C and 8°C and then checked to see if the gelatin has liquefied. If the medium has solidified it shall be re-incubated anaerobically for a further 18 to 24 hours, the medium chilled for a further one hour at between 2°C and 8°C and again checked to see if the gelatin has liquefied. S

15.  The presence of Clostridium perfringens shall be determined on the basis of the results from paragraphs 10 to 14. Bacteria which produce black colonies on SF agar, are non-motile, reduce nitrate to nitrite, produce gas and acid from lactose and liquefy gelatin within 48 hours shall be considered to be Clostridium perfringens. S

Control Tests S

16.  Control tests shall be carried out each day that a test is initiated using–

(a) Clostridium perfringens no more than seven days old at the time of use;

(b) Escherichia coli NCTC 10418 M5 or equivalent not more than seven days old at the time of use; and

(c) rendered animal protein which is free of Clostridium perfringens.

Marginal Citations

M5 The National Collection of Type Cultures, Central Public Health Laboratory, 61 Colindale Ave, London NW9 5HT.

17.  10 gram portions of the rendered animal protein shall be placed aseptically in each of two sterile containers containing 90 ml Buffered Peptone Water (BPW) M6 and mixed thoroughly until the samples are evenly suspended. S

Marginal Citations

M6 Buffered Peptone Water – see Edel, W. and Kampelmacher, E.H. (1973) Bulletin of World Health Organisation, 48: 167–174, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerland (ISSN 0042-9686).

18.  One colony of Clostridium perfringens shall be placed in 10 ml BPW and mixed to form an even suspension. 0.1 ml of the suspension shall be added to the suspension in the preceding paragraph. This shall be repeated for Escherichia coli. S

19.  These are then treated and examined in the same way as test samples. If no typical colonies are formed then that day’s testing shall be invalid and shall be repeated. S

PART 2 S METHODS FOR THE ISOLATION OF SALMONELLA

A. BACTERIOLOGICAL METHOD S

1.  Tests shall be begun on receipt of the sample or on the first working day which allows this method to be completed. If the test is not begun on the day of receipt the sample shall be stored in a refrigerator until required. If the sample has been refrigerated it shall be removed from the refrigerator and stored at room temperature for at least four hours before the test is started.

Day 1 S

2.  Tests shall be carried out in duplicate using two 25 gram portions of each sample submitted for testing. Each 25 gram sample shall be placed aseptically in a container containing 225 ml Buffered Peptone Water (BPW) and incubated at 37°C for 18 hours±2 hours.

Day 2 S

3.  0.1 ml from the jar of incubated BPW shall be inoculated into 10 ml Rappaports Vassiliadis broth (RV broth) M7 and incubated at 41.5°C±0.5°C for 24 hours.

Marginal Citations

M7 Rappaports Vassiliadis Broth – see Vassiliadis P, Pateraki E, Papaiconomou N, Papadkis J A, and Trichopoulos D (1976) Annales de Microbiologie (Institut Pasteur) 127B: 195–200. Elsevier, 23 rue Linois, 75724 Paris, Cedex 15, France.

Day 3 S

4.  The RV broth shall be plated out on to two 90 millimetre plates of Brilliant Green Agar (BGA) M8 , or on to one 90 millimetre plate of BGA and one 90 millimetre plate of Xylose Lysine Deoxycholate Agar (XLD) M9 , using a 2.5 mm diameter loop. The plates shall be inoculated with a droplet taken from the edge of the surface of the fluid by drawing the loop over the whole of one plate in a zig zag pattern and continuing to the second plate without recharging the loop. The space between the loop streaks shall be 0.5 cm – 1.0 cm. The plates shall be incubated at 37°C±2°C for 24 hours ± 3 hours.

Marginal Citations

M8 Brilliant Green Agar – see Edel W and Kampelmacher E H (1969) Bulletin of World Health Organisation 41:297–306, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerland (ISSN 0042-9686).

M9 Xylose Lisene Deoxycholate Agar – see Taylor W I, (1965) American Journal of Clinical Pathology, 44:471–475, Lippincott and Raven, 227E Washington Street, Philadelphia PA 19106, USA.

5.  The residual RV broth shall be reincubated at 41.5°C±0.5°C for a further 24 hours. S

Day 4 S

6.  The plates shall be examined and a minimum of 3 colonies from each plate showing suspicion of Salmonella growth shall be subcultured–

(a) on to a blood agar plate;

(b) on to a MacConkey agar plate M10 ; and

(c) into biochemical media suitable for the identification of Salmonella.

These media shall be incubated at 37°C overnight.

Marginal Citations

M10 MacConkey agar – see (1963) International Standards for Drinking Water, World Health Distribution and Sales, CH 1211, Geneva 27, Switzerland.

7.  The reincubated RV broth shall be plated out as described in paragraph 4. S

Day 5 S

8.  The incubated composite media or equivalent shall be examined and the findings recorded, discarding cultures which are obviously not Salmonella. Slide serological tests shall be performed using Salmonella polyvalent “O” and polyvalent “H” (phase 1 and 2) agglutinating sera on selected suspect colonies collected from the blood agar or MacConkey plates. If reactions occur with one or both sera, the colonies shall be typed by slide serology and a subculture sent to a veterinary laboratory nominated in writing by the Scottish Ministers for this purpose for further typing.

9.  The plates referred to in paragraph 7 shall be examined and further action taken as in paragraph 6 and 8. S

B. ELECTRICAL CONDUCTANCE METHOD S

1.  Tests shall be begun on receipt of the sample or on the first working day which allows the following method to be completed. If the test is not begun on the day of receipt the sample shall be stored in a refrigerator until required. If the sample has been refrigerated it shall be stored at room temperature for at least four hours before the test is started.

Day 1 S

2.  Tests shall be carried out in duplicate using two 25 gram portions of each sample submitted for testing. Each 25 gram sample shall be placed aseptically in a sterile container containing 225 ml Buffered Peptone Water/Lysine/Glucose (BPW/L/G) M11 and incubated at 37°C for 18 hours.

Marginal Citations

M11 Buffered Peptone Water/Lysine/Glucose – see Ogden I D (1988) International Journal of Food Microbiology 7:287 297, Elsevier Science BV, PO Box 211, 1000 AE, Amsterdam, Netherlands (ISSN 0168-1695).

Day 2 S

3.  The incubated BPW/L/G shall be added to Selenite Cystine Trimethylamine-N-Oxide Dulcitol (SC/T/D) M12 and Lysine Decarboxylase Glucose (LD/G) M13 media in electrical conductance cells or wells. For cells or wells containing more than 5 ml medium 0.2 ml of the BPW/L/G shall be added and for cells or wells containing 5 ml or less medium 0.1 ml of the BPW/L/G shall be added. Cells or wells shall be connected to appropriate electrical conductance measuring equipment set to monitor and record changes in electrical conductance at 6 minute intervals over a 24 hour period. The temperature of cells and wells shall be kept at 37°C.

Marginal Citations

M12 Selenite Cystine Trimethylamine-N-Oxide Dulcitol – see Easter, M C and Gibson, D M, (1985) Journal of Hygiene 94:245–262, Cambridge University Press, Cambridge.

M13 Lysine Decarboxylase Glucose – see Ogden I D (1988) International Journal of Food Microbiology 7:287–297, Elsevier Science BV, PO Box 211, 1000 AE, Amsterdam, Netherlands (ISSN 0168-1695).

Day 3 S

4.  At the end of the 24 hour period, the information recorded by the conductance measuring equipment shall be analysed and interpreted using criteria defined by the manufacturers of the equipment. Where a well or cell is provisionally identified as being positive for Salmonella, the result shall be confirmed by subculturing the contents of the well or cell on to two 90 millimetre plates of BGA or on to one 90 millimetre plate of BGA and one 90 millimetre plate of Xylose Lysine Deoxycholate Agar (XLD) using a 2.5 mm diameter loop. The plates shall be inoculated with a droplet taken from the edge of the surface of the fluid by drawing the loop over the whole of one plate in a zig zag pattern and continuing to the second plate without recharging the loop. The space between the loop streaks shall be 0.5 cm – 1.0 cm. The plates shall be incubated at 37°C overnight.

Day 4 S

5.  The plates shall be examined and a minimum of 3 colonies from each plate showing suspicion of Salmonella growth shall be subcultured–

(a) on to a blood agar plate;

(b) on to a MacConkey agar plate; and

(c) into biochemical media suitable for the identification of Salmonella.

These media shall be incubated at 37°C overnight.

Day 5 S

6.  The incubated composite media or equivalent shall be examined and the findings recorded, discarding cultures which are obviously not Salmonella. Slide serological tests shall be performed using Salmonella polyvalent “O” and polyvalent “H” (phase 1 and 2) agglutinating sera on selected suspect colonies collected from the blood agar or MacConkey plates. If reactions occur with one or both sera, a subculture shall be sent to a veterinary laboratory nominated in writing by the Scottish Ministers for this purpose for further typing.

PART 3 S METHOD FOR THE ISOLATION OF ENTEROBACTERIACEAE

1.  Tests shall be begun on receipt of the sample or on the first working day which allows this method to be completed. If the test is not begun on the day of receipt the sample shall be stored in a refrigerator until required at between 2°C and 8°C. If the sample has been refrigerated it shall be removed from the refrigerator and stored at room temperature for at least one hour before the test is started. S

Samples S

2.  Tests shall be carried out using five 10 gram portions of each sample submitted for testing. Each 10 gram sample shall be placed aseptically in a sterile container containing 90 ml Buffered Peptone Water and mixed thoroughly until the sample is evenly suspended.

Inoculations S

3.  For each portion of the sample 1 ml of solution shall be transferred to a sterile 90 mm petri dish (in duplicate). The plates shall be labelled to identify the portion of sample they were taken from. 15 ml of Violet Red Bile Glucose Agar (VRBGA) M14 at a temperature of 47°C±2°C shall be added to each petri dish and immediately gently mixed by swirling the dish with five clockwise and five anticlockwise circular movements.

Marginal Citations

M14 Violet Red Bile Glucose Agar – see Mossell D A A, Eelderink I, Koopmans M, van Rossem F (1978) Laboratory Practice 27 No. 12 1049–1050; Emap Maclaren, PO Box 109, Maclaren House, 19 Scarbrook Road, Croydon CR9 1QH.

4.  Once the agar has set, each agar plate shall be overlaid with a further 10 ml VRBGA at a temperature of 47°C±2°C. Once the overlay has set, the plates shall be inverted and incubated aerobically at 37°C±1°C for 20 hours±2 hours. S

Samples with colonies of Enterobacteriaceae S

5.  After incubation each set of duplicate plates shall be examined for colonies characteristic of Enterobacteriaceae (purple colonies 1 – 2 mm in diameter). All characteristic colonies on each plate shall be counted and the arithmetic mean of the duplicate plates taken.

The sample provisionally fails if either–

(a)

any arithmetic mean is above 30 M15 ; or

(b)

three or more arithmetic means are above 10,

in which case the following procedure shall be followed to establish whether or not the colonies are Enterobacteriaceae.

Marginal Citations

M15 An arithmetic mean of 30 is equivalent to 3x102 colony forming units per gram of original sample.

6.  After counting the colonies, characteristic colonies shall be taken at random from the agar plates, the number being at least the square root of the colonies counted. The colonies shall be subcultured onto a blood agar plate and incubated aerobically at 37°C±1°C for 20 hours±2 hours. S

Examination of subcultures S

7.  An oxidase test and a glucose fermentation test shall be performed on each of the five subcultured colonies. Colonies which are oxidase-negative and glucose fermentation-positive shall be considered to be Enterobacteriaceae.

8.  If not all of the colonies prove to be Enterobacteriaceae, the total count in paragraph 5 shall be reduced in proportion prior to establishing whether or not the sample should fail. S

Controls S

9.  Control tests shall be carried out each day that a test is initiated using–

(a) Escherichia coli NCTC 10418 no more than seven days old at time of use; and

(b) processed animal protein or compost or digestive residue which is free of Enterobacteriaceae.

10.  A 10 gram portion of the rendered animal protein shall be placed aseptically in a sterile container containing 90 ml BPW and mixed thoroughly until the sample is evenly suspended. S

11.  One colony of Escherichia coli shall be placed in 10 ml BPW and mixed to form an even suspension. 0.1 ml of the suspension shall be added to the suspension in the preceding paragraph. S

12.  This is then treated and examined in the same way as test samples. If no typical colonies are formed then that day’s testing shall be invalid and shall be repeated. S

Regulation 29

SCHEDULE 3 S Remote Areas

1.  The area of the Argyll and Bute Council, excluding the Parishes of Arrochar (339), Cardross (347), Dunoon and Kilmun (140), Inverchaolain (141), Kilfinan (142), Kilmodan (143), Kingarth (276), Lochgoilhead and Kilmorich (144), Luss (349), North Bute (other than the island of Inchmarnock) (277), Rhu (340), Rosneath (341), Rothesay (278), Strachur (145) and Strathlachlan (146). S

2.  The area of Comhairle nan Eilan Siar. S

3.  The area of the Highland Council, excluding the Parishes of Abernethy and Kincardine (438), Alvie (439), Ardclach (605), Ardersier (445), Auldearn (606), Boleskine and Abertarff (433), Cawdor (607), Cromdale Inverallan and Advie (586), Croy (446), Croy and Dalcross (608), Daviot and Dunlichity (447), Dores (448), Duthill and Rothiemurchus (440), Inverness and Bona (449), Kingussie and Insh (441), Kirkhill (436), Moy and Dalarossie (450), Nairn (609) and Petty (451). S

4.  In the area of North Ayrshire Council, the parishes of Cumbrae (279), Kilbride (274) and Kilmory (275). S

5.  The area of the Orkney Islands Council. S

6.  In the area of the Perthshire and Kinross Council, the Parish of Fortingall (679). S

7.  The area of the Shetland Islands Council. S

Regulation 50

SCHEDULE 4 S Transitional Provisions

PART 1 S Intra-species recycling ban for fish

In accordance with Article 1 of Regulation (EC) 811/2003 M16 , the prohibition on the feeding of fish with processed animal protein derived from the bodies or parts of bodies of fish of the same species in Article 22(1)(a) of the Community Regulation shall not apply.

Marginal Citations

M16 O.J. No. L 117, 13.5.2003, p. 14.

PART 2 S Collection, transport and disposal of former foodstuffs of animal origin

1.—(1) The Scottish Ministers shall be the competent authority for granting approvals under Regulation (EC) 813/2003 M17 . S

(2) Instructions of the competent authority for the purposes of Article 3(3) of that Regulation may be issued by an inspector.

Marginal Citations

M17 O.J. No. L 117, 13.5.2003, p. 22.

2.  For the purposes of Article 1(1) of Regulation (EC) 813/2003, by way of derogation from Article 6(2)(f) and Article 7 of the Community Regulation, former foodstuffs which have not been mixed with any other animal by-products (other than Category 3 catering waste) may be collected, transported and disposed of or treated in the same way as catering waste. S

3.  Where former foodstuffs are mixed with Category 1 or Category 2 material any person in possession or control of the material shall ensure that it is disposed of in accordance with Article 1(2) of Regulation (EC) 813/2003, and any person who fails to do so shall be guilty of an offence. S

4.  Where former foodstuffs are sent for disposal in an approved landfill site, any person in possession or control of the material shall comply with Article 1(3) of Regulation (EC) 813/2003 and any person who fails to do so shall be guilty of an offence. S

5.  Any person who fails to comply with any instructions given by an inspector under Article 3(3) of Regulation (EC) 813/2003 shall be guilty of an offence. S

6.  In this Part, “ former foodstuffs” does not include waste from the production of products which are intended to be cooked before they are eaten. S

PART 3 S Used cooking oil in animal feed M18

Marginal Citations

M18 This Part of the Schedule enforces Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oils, O.J. No. L 117, 13.5.2003, p. 24.

Scope S

1.  Notwithstanding the prohibition on feeding farmed animals with catering waste or feed material containing or derived from catering waste, used cooking oil may be used for the production of animal feed if it has been collected, treated and blended in accordance with this Part.

2.  This Part is confined to used cooking oil which– S

(a) originates exclusively in restaurants, catering facilities and kitchens, including central kitchens and household kitchens; and

(b) is intended for the production of animal feed.

Approvals S

3.—(1) The Scottish Ministers shall approve–

(a) collectors of used cooking oil if they are satisfied that the collector will comply with the requirements of this Part; and

(b) operators of premises on which used cooking oil is treated or mixed with other oils if they are satisfied that the premises and operation comply with the requirements of this Part.

(2) The approval shall only be granted if the collector or operator was collecting, treating or blending used cooking oils on 1st November 2002.

4.  The approval shall specify– S

(a) the name of the operator and the address of the approved premises;

(b) in the case of treatment premises, the parts of the premises in which used cooking oil may be received and treated; and

(c) the expiry date, which shall be no later than 31st October 2004.

5.—(1) Approval shall be suspended immediately if the conditions under which it was granted are no longer fulfilled. S

(2) Once suspended, the approval shall only be reinstated subject to fulfilment of the requirements of the Community Regulation in their entirety.

General obligations S

6.—(1) Used cooking oil shall be collected, transported, stored, handled, treated, and used in accordance with this Part.

(2) Any person who fails to comply with sub-paragraph (1) shall be guilty of an offence.

(3) Any used cooking oil which does not comply with the provisions of this Part shall be disposed of as directed by notice by an inspector.

7.  Used cooking oil shall be– S

(a) collected by an approved collector;

(b) treated by an approved operator on approved treatment premises; and

(c) mixed with other oils by an approved operator on approved blending premises.

Collection and transportation of used cooking oil S

8.—(1) Used cooking oil shall be collected and transported in lidded containers or leak proof vehicles and identified in such a way that the contents, even after mixing, are traceable to all the premises of origin.

(2) Collectors shall take all necessary measures to ensure that the used cooking oil collected is free from contamination by harmful substances.

(3) Reusable containers, and all reusable items of equipment or appliances that come into contact with used cooking oil, shall be cleaned, washed and disinfected after each use.

(4) Vehicles or containers which carry any material which could contaminate the used cooking oil shall be thoroughly cleansed and disinfected before they are used to carry used cooking oil.

Approved premises and the operation of blending premises S

9.  The operator of approved premises shall ensure that the premises comply with, and are operated in accordance with, the provisions of this Part.

10.—(1) Before mixing with other oil, operators of blending premises shall ensure that each batch of used cooking oil is tested to ensure compliance with the standards in paragraph 16. A batch shall be no greater than 30 tonnes. S

(2) Collectors and operators of approved premises shall ensure that used cooking oil that does not comply with the standards in paragraph 16 is not used for animal feed.

Approved premises S

11.—(1) Approved premises shall be constructed in such a way that they are easy to clean and disinfect.

(2) Animals and unauthorised persons shall not have access to the premises.

(3) The premises shall have adequate facilities for cleaning and disinfecting the containers or receptacles in which used cooking oil is received and, where appropriate, the vehicles in which it is transported.

(4) The premises shall have adequate lavatories and washing facilities for staff.

(5) The premises shall have a covered space, clearly marked, to receive used cooking oil.

(6) Where appropriate, the premises shall have a separate storage area for any used cooking oil that is not suitable for use in animal feed.

(7) Tanks shall be sealed with vents located and screened in a manner that prevents entry by contaminants or pests.

(8) Pipework shall be sealed when not in use.

Operators' own checks S

12.—(1) Operators of approved premises shall adopt all measures necessary to comply with the requirements of this Part.

(2) They shall put in place, implement and maintain a procedure developed in accordance with the principles of the system of hazard analysis and critical control points.

(3) They shall in particular–

(a) identify and control the critical control points in the premises;

(b) establish and implement methods for monitoring and checking such critical control points;

(c) keep records of such checks for at least two years; and

(d) ensure the traceability of each batch received and despatched.

13.—(1) The operator of approved blending premises shall carry out checks and take samples for the purposes of checking compliance with the standards in paragraph 16. S

(2) Where the results of a check or a test show that the used cooking oil does not comply with the provisions of this Part, the operator shall–

(a) establish the causes of failures of compliance;

(b) ensure that the oil is not despatched for use in feedingstuffs;

(c) instigate appropriate decontamination and cleaning procedures; and

(d) where used cooking oil has already been despatched for use in feedingstuffs, or incorporated into feedingstuffs, take all necessary measures to ensure that feedingstuffs containing the oil are not fed to livestock.

14.—(1) The operator shall record the results of the checks and tests. S

(2) The operator shall keep a sample of each consignment of used cooking oil despatched from the premises and shall keep it for at least six months.

Hygiene requirements in approved premises S

15.—(1) Containers, receptacles and, where appropriate, vehicles used for transporting used cooking oil shall be cleaned in a designated area.

(2) Preventive measures against birds, rodents, insects or other vermin shall be taken systematically.

(3) Used cooking oil intended for use in animal feed shall not be stored in the same area as used cooking oil which is not suitable for use in animal feed or products which may pose a risk to animal or human health.

(4) Cleaning procedures shall be established and documented for all parts of the premises.

(5) Hygiene control shall include regular inspections of the environment and equipment.

(6) Inspection schedules and results shall be recorded.

(7) Installations and equipment shall be kept in a good state of repair.

(8) Measuring equipment shall be calibrated at least once a year.

(9) Tanks and pipes shall be cleaned internally at least once a year or when there is build-up of water and physical contaminants.

(10) Treated used cooking oil shall be handled and stored in such a way as to preclude contamination.

Specification for used cooking oil for use in animal feed S

16.  Used cooking oil shall meet the following minimum standards before use in animal feed:–

(a) Physical contamination:

(i) moisture and impurities: <3%; and

(ii) impurities: <0.15 %;

(b) Presence of mineral oil: absence;

(c) Presence of oxidised fatty acids: >88% Elutable Fatty acid content;

(d) Presence of pesticide residues: complies with Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed M19 ;

(e) Presence of PCBs: <100ppb for the 7 main congeners M20 ;

(f) Presence of Salmonella: absence; and

(g) Presence of animal fat–

(i) Pentadecanoic acid (C15): <0.2%;

(ii) Cis-9-hexadecanoic acid (C16:1): <2%;

(iii) Heptadecanoic acid (C17): <0.4%;

(iv) Cis-9-heptadecanoic acid (C17:1): <0.3%; and

(v) Fatty acids with a chain length of 20 carbon atoms or more (C20+): < 5%.

Marginal Citations

M19 O.J. L 140 , 30.5.2002, p.10.

M20 ICES 7 polychlorinated biphenyls.

Commercial documents S

17.—(1) A written commercial document or a printout of an electronic document shall accompany the consignment of used cooking oil during transportation.

(2) The producer, receiver and carrier shall each retain a copy of a written commercial document or, for electronic information, a printout of that information.

(3) Commercial documents shall contain the following information:–

(a) the address of the premises from which the used cooking oil was taken;

(b) the date on which the used cooking oil was taken from the premises;

(c) the quality and description of the used cooking oil;

(d) the quantity of the used cooking oil;

(e) the name and the address of the carrier;

(f) the destination of the used cooking oil; and

(g) a unique reference number that links the collector and the container or vehicle to the premises from which the used cooking oil was taken.

Records S

18.—(1) Any person consigning, transporting or receiving used cooking oil shall keep a record containing the information specified in the commercial document.

(2) For used cooking oil which is suitable for use in animal feed, the records shall in addition provide for full traceability of the oil from the premises of origin to its incorporation into animal feed.

(3) For used cooking oil which is not suitable for use in animal feed, the person consigning the oil for disposal shall in addition keep a record showing the method and place of disposal and the date the oil was consigned for disposal.

List of premises S

19.—(1) The Scottish Ministers shall maintain a list of the names and addresses of approved–

(a) collectors of used cooking oil;

(b) operators of treatment premises; and

(c) operators of blending premises.

(2) Each collector and operator of approved premises shall be assigned an official identification number.

(3) The Scottish Ministers shall make this list publicly available.

PART 4 S Mammalian blood M21

Marginal Citations

M21 This Part of the Schedule implements Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards mammalian blood, O.J. No. L 117, 13.5.2003, p. 30.

1.  By way of derogation from Annex VII, Chapter II, paragraph 1 to the Community Regulation, mammalian blood may be processed in accordance with this Part. S

2.  The Scottish Ministers may approve the use of processing methods 2 to 5 or 7 of Annex V to the Community Regulation for the processing of mammalian blood. S

3.—(1) Approval shall be suspended immediately if the conditions under which it was granted are not fulfilled. S

(2) Once suspended, the approval shall only be reinstated subject to fulfilment of the requirements of the Community Regulation in their entirety.

(3) Any material not processed in accordance with this Part or the Community Regulation shall be disposed of as instructed by an inspector.

4.  The approval shall only be granted if the operator was processing at those premises, using that equipment and using those methods on 1st November 2002. S

5.  All other relevant provisions of the Community Regulation must be complied with. S

PART 5 S Oleochemical plants using rendered fats from category 2 and 3 materials M22

Marginal Citations

M22 This Part of the Schedule implements Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants, O.J. No. L 117, 13.5.2003, p. 42.

General obligations S

1.  By way of derogation from Article 14 of the Community Regulation, the Scottish Ministers may approve the use of oleochemical plants to process rendered fats derived from both Category 2 and Category 3 material providing they comply with the following conditions.

2.—(1) Approval shall be suspended immediately if the conditions under which it was granted are not fulfilled. S

(2) Once suspended, the approval shall only be reinstated subject to fulfilment of the requirements of the Community Regulation in their entirety.

(3) Any material not processed in accordance with this Part or the Community Regulation shall be disposed of as instructed by an inspector.

3.  The approval shall only be granted to premises and facilities that operated in that way on 1st November 2002. S

Specific requirements S

4.—(1) Only rendered fats derived from Category 2 and Category 3 materials may be used.

(2) Rendered fats derived from category 2 materials shall be processed in accordance with the standards in Chapter III of Annex VI to the Community Regulation.

(3) Additional processes such as distillation, filtration and processing with absorbents shall be used to further improve the safety of the tallow derivatives.

PART 6 S Low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk materials or carcases containing them M23

Marginal Citations

M23 This Part of the Schedule implements Commission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcases containing them, O.J. No. L 117, 13.5.2003, p. 44.

1.  By way of derogation from Article 12(3) of the Community Regulation, the Scottish Ministers may approve the use of low capacity incineration or co-incineration plants which do not meet the requirements laid down in Annex IV to the Community Regulation if they are operated in accordance with this Part. S

2.—(1) Approval shall be suspended immediately if the conditions under which it was granted are not fulfilled. S

(2) Once suspended, the approval shall only be reinstated subject to fulfilment of the requirements of the Community Regulation in their entirety, including Annex IV to that Regulation.

(3) Any material not incinerated in accordance with this Part or the Community Regulation shall be disposed of as instructed by an inspector.

3.  The approval shall only be granted to incinerators that were in operation 1st November 2002. S

4.  The operator shall take all necessary measures to ensure that– S

(a) animal by-products are handled and stored safely and incinerated or co-incinerated without undue delay in such a way that they are reduced to dry ash;

(b) the dry ash is disposed of properly and records are kept of the quantity and description of the animal by-products incinerated and the date of incineration;

(c) the dry ash is not removed from the combustion chamber unless combustion is complete; and

(d) transportation and intermediate storage of the dry ash takes place in a closed container to prevent dispersal in the environment and the dry ash is disposed of safely,

and failure to do so shall be an offence.

5.  In the case of a breakdown or malfunction, the operator must reduce or close down operations as soon as practicable until normal operations can be resumed, and failure to do so shall be an offence. S

Regulation 51

SCHEDULE 5 S Amendments

F1 PART 1 S Amendments to the TSE (Scotland) Regulations 2002

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 5 Pt. 1 revoked (24.11.2006) by The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (S.S.I. 2006/530), reg. 1(1), sch. 10

PART 2 S Consequential Amendments

Animal By-Products (Identification) Regulations 1995 S

1.—(1) The Animal By-Products (Identification) Regulations 1995 M24 are amended in accordance with the following provisions of this paragraph. S

(2) In paragraph (1) of regulation 2 (interpretation)–

(a) for the definition of “the 1999 Order”, there is substituted–

““the 2003 Regulations” means the Animal By-Products (Scotland) Regulations 2003;”;

(b) for the definition of “approved premises”, there is substituted–

““approved incineration plant” means a plant which is approved as an incineration plant under regulation 14 of the 2003 Regulations;

“approved rendering plant” means a plant which is approved as a category 2 processing plant or category 2 oleochemical plant under regulation 14 of the 2003 Regulations;”; and

(c) immediately after the definition of “cold store”, there is inserted–

““the Community Regulation” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3rd October 2002 laying down health rules concerning animal by-products not intended for human consumption as amended by and as read with–

(a) Commission Regulation (EC) No. 808/2003 amending Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption;

(b) Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of 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 measures;

(c) Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs;

(d) Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oil;

(e) Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood;

(f) Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plant; and

(g) Commission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcasses containing them;”.

(3) For regulation 4(b), there is substituted–

“(b) affect the operation of the 2003 Regulations or any order made, or having effect, under the Animal Health Act 1981 M25 .”

(4) In regulation 5 (exemptions)–

(a) for paragraph (1)(e), there is substituted–

“(e) any animal by-product which–

(i) is, or is derived from, a product of animal origin regulated by the Community Regulation, and

(ii) is transhipped in accordance with regulation 24 of the Products of Animal Origin (Import and Export) Regulations 1996, or regulation 34 of the Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002, as the case may be M26 ; or”; and

(b) in paragraph (2)(c) and (d), for “the 1999 Order”, there is substituted “ the 2003 Regulations ”.

(5) In regulation 6 (staining of animal by-products in cold stores, cutting premises, game processing facilities or slaughterhouses)–

(a) in paragraph (2)(b), for sub paragraph (iii), there is substituted–

“(iii) is immediately moved, in the manner specified in paragraph (4), to an approved rendering plant for rendering there, or to an approved incineration plant which is separate from the cold store, cutting premises, game processing facility or slaughterhouse concerned for incineration there.”; and

(b) for paragraph (4), there is substituted–

“(4) The manner is that the animal by-product is moved through a sealed and leak-proof pipe which connects the cold store, cutting premises, game processing facility or slaughterhouse concerned directly with the relevant approved rendering plant or, as the case may be, approved incineration plant.”.

(6) In regulation 7 (staining of animal by-products in animal by-products premises) for paragraphs (2) and (3), there is substituted–

“(2) The duty imposed by paragraph (1) shall not apply in relation to any animal by-product which is immediately moved, in the manner specified in paragraph (3), to an approved rendering plant for rendering there, or to an approved incineration plant which is separate from the animal by-products premises for incineration there.

(3) The manner is that the animal by-product is moved through a sealed and leak-proof pipe which connects the animal by-products premises concerned directly with the relevant approved rendering plant or, as the case may be, approved incineration plant.”.

(7) In regulation 9 (storage and packaging of animal by-products) for paragraph (3), there is substituted–

“(3) No person shall store in any part of any cold store, cutting premises, game processing facility or slaughterhouse any animals by-product unless it is placed in a receptacle on which is affixed a conspicuously visible and legible notice containing–

(a) in letters at least two centimetres high, the declaration “Not intended for human consumption”;

(b) in the case of any animal by-product which has been imported into Scotland, the name of the country from which it was so imported;

(c) in the case of any other animal by-product, the name of the packer and the address at which the animal by-product was packed;

(d) in the case of any animal by-product which is Category 2 material as defined in Article 2.1(c) of the Community Regulation, in letters at least two centimetres high, the declaration “Category 2 material”; and

(e) in the case of any animal by-product which is Category 3 material as defined in Article 2.1(d) of the Community Regulation, in letters at least two centimetres high, the declaration “Category 3 material”.”.

(8) In regulation 10 (restriction on movement of animal by-products) for paragraph (2), there is substituted–

“(2) The prohibition contained in paragraph (1) above shall not apply in relation to any animal by-product which has not been stained in accordance with these Regulations because of a permanent or temporary closure of the relevant animal by-products premises, cold store, cutting premises, game processing facility or slaughterhouse, a breakdown of the machinery installed there or a trade dispute, and which is moved, under the supervision of an authorised officer of the enforcement authority, to other premises for disposal in accordance with the requirements of the Community Regulation.”.

Marginal Citations

M24 S.I. 1995/614, amended by S.I. 1995/1955, 1996/3124, 1977/2073 and S.S.I. 2000/62, 2002/283 and 2003/53.

M25 1981 c. 22.

M26 S.I.. 1996/3124, amended by S.I. 1997/3023, S.I. 1998/994, 1999/663 and as regards Scotland, S.S.I. 2000/62, 171, 288, 2001/169 and 257 and 2002/87. The provisions of S.I. 1996/3124 which apply to products imported from third countries are disapplied by S.S.I. 2002/445, regulation 63(2) and Schedule 7.

Pollution Prevention and Control (Scotland) Regulations 2000 S

2.  In the definition of “exempt activity” in Section 6.8 of Part 1 of Schedule 1 to the Pollution Prevention and Control (Scotland) Regulations 2000 M27 – S

(a) for paragraph (iv), there is substituted–

“(iv) any activity carried out in connection with premises used in connection with the business of killing, flaying or cutting up animals the flesh of which is not intended for human consumption except for premises–

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

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

(c) where animals are cut up solely for the purpose of incineration;”; and

(b) for paragraph (ix), there is substituted–

“(ix) the processing of animal or vegetable matter at premises for feeding a recognised pack of hounds authorised under regulation 26 of the Animal By-Products (Scotland) Regulations 2003.”.

Marginal Citations

M27 S.S.I. 2000/323, as amended by S.S.I. 2002/493 and 2003/146 and 221.

Rendering (Fluid Treatment) (Scotland) Order 2001 S

3.  In the definition of “animal by-products” in article 2 (interpretation) of the Rendering (Fluid Treatment) (Scotland) Order 2001 M28 , for “the Animal By-Products Order 1999”, there is substituted “ Regulation (EC) No. 1774/2002 laying down health rules concerning animal by-products not intended for human consumption M29 ”. S

Marginal Citations

M28 S.S.I. 2001/189, as amended by S.S.I. 2002/255.

M29 O.J. No. L 273, 10.10.2002, p.1, amended by Commission Regulations (EC) No. 808/2003 (O.J. No. L 117, 13.5.2003, p.1), No. 811/2003 (O.J. No. L 117, 13.5.2003, p.14) and No. 883/2003 (O.J. No. L 117, 13.5.2003, p.22).

Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002 S

F2 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F2 Sch. 5 Pt. 2 para. 4 revoked (1.2.2007) by The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007 (S.S.I. 2007/1), regs. 1(1), 71(f)

Poultry Breeding Flock and Hatcheries and Animal By-Products (Fees) (Scotland) Order 2002 S

5.  In the Poultry Breeding Flock and Hatcheries and Animal By-Products (Fees) (Scotland) Order 2002 M30 – S

(a) for article 2 (interpretation), there is substituted–

“2.   In this Order, “appropriate instrument” means the Poultry Breeding Flock and Hatcheries Order 1993 or the Animal By-Products (Scotland) Regulations 2003 M31 .”;

(b) in article 3 (fees), each time “appropriate Order” appears, there is substituted “ appropriate instrument ”; and

(c) in the table of fees in the Schedule to that Order–

(i) in activities 3, 4 and 5, for “the Animal By-Products Order 1999”, there is substituted “ the Animal By-Products (Scotland) Regulations 2003 ”; and

(ii) in activities 4(b) and 5(b) for “for the purposes of either of those Orders”, there is substituted “ for the purposes of either of those instruments ”.

Marginal Citations

M30 S.S.I. 2002/529.

M31 S.S.I. 2003/[ ]

Regulation 52

SCHEDULE 6 S Revocations

Column 1 – enactment	Column 2 – references	Column 3 – extent
The Animal By–Products Order 1999 M32	(S.I. 1999/646)	The whole Order.
The Animal By-Products (Amendment) (Scotland) Order 2001	(S.S.I. 2001/171)	The whole Order.
The TSE (Scotland) Regulations 2002 M33	(S.S.I. 2002/255)	Regulations 33(4), 34(2), 50, 52, 55(1)(a), (2)(b) and (4)(c) and (d), 62 to 67, 68(1), (3), (4), (5) and (6), Schedule 6 and Schedule 8, Part IV.
The TSE (Scotland) Amendment Regulations 2003	(S.S.I. 2003/198)	Regulation 2(8) and (11).

Marginal Citations

M32 S.I. 1999/646, amended by S.S.I. 2001/171.

M33 S.S.I. 2002/255, amended by S.S.I. 2003/198.