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PART 1Introduction

Title, extent and commencement

1.  These Regulations may be cited as the Animal By-Products Regulations 2003; they extend to England and come into force on 1st July 2003.

Interpretation

2.—(1) In these Regulations—

“approval” and “authorisation” means an approval or authorisation granted by the Secretary of State;

“the Community Regulation” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(1) 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(2);

(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(3);

(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(4);

(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(5);

(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(6);

(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 plants(7);

(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 carcases containing them(8);

“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations;

“local authority” means—

(a)

in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994(9), a unitary authority for that local government area, that authority;

(b)

where there is not a unitary authority—

(i)

in a metropolitan district, the council of that district;

(ii)

in a non-metropolitan county, the council of that county; or

(iii)

in each London borough, the council of that borough;

(c)

in the City of London, the Common Council;

“poultry” includes birds of all species including wild birds.

(2) Expressions defined in the Community Regulation have the same meaning in these Regulations, and Category 1 material, Category 2 material and Category 3 material comprises the animal by-products set out in Articles 4, 5 and 6 respectively of the Community Regulation.

Approvals, etc.

3.  Any approval, authorisation, registration, instructions or notice issued under these Regulations or the Community Regulation shall be in writing, and may be made subject to such conditions as are necessary to—

(a)ensure that the provisions of the Community Regulation and these Regulations are complied with; and

(b)protect public and animal health.

(1)

OJ No. L273, 10.10.2002, p.1.

(2)

OJ No. L117, 13.5.2003, p. 1.

(3)

OJ No. L117, 13.5.2003, p. 14.

(4)

OJ No. L117, 13.5.2003, p. 22.

(5)

OJ No. L117, 13.5.2003, p. 24.

(6)

OJ No. L117, 13.5.2003, p. 30.

(7)

OJ No. L117, 13.5.2003, p. 42.

(8)

OJ No. L117, 13.5.2003, p. 44.

(9)

S.I. 1994/867 to which there are amendments not relevant to these Regulations.