The Animal By-Products Regulations 2003

PART 8 Administration and enforcement

Grant of approvals

40.—(1) The Secretary of State shall grant an approval under these Regulations if she is satisfied that the requirements of the Community Regulation and these Regulations will be complied with.

(2) An approval shall specify—

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

(b) the parts of the premises in which the animal by-products may be received and processed or treated; and

(c) the equipment, the methods in accordance with which, and the parameters within which, the animal by-products must be processed or treated.

(3) If the Secretary of State refuses to grant the approval, or approves it subject to a condition she shall by notice in writing served on the applicant—

(a) give the reasons; and

(b) explain the right of the applicant to make written representations to the Secretary of State and to be heard by an independent person appointed by the Secretary of State.

Suspension, amendment and revocation of approvals and registrations

41.—(1) The Secretary of State, by notice in writing served on the operator—

(a) shall suspend immediately an approval or registration if any of the conditions under which the approval was granted are not fulfilled, and

(b) may suspend or amend an approval or registration if she is satisfied that the provisions of the Community Regulation or these Regulations are not being complied with.

(2) A suspension or amendment under paragraph 1(b)—

(a) shall have immediate effect if the Secretary of State considers that it is necessary for the protection of public or animal health;

(b) otherwise shall not have effect for at least 21 days following service of the notice.

(3) The notice shall—

(a) give the reasons; and

(b) explain the right of the operator of the premises to make written representations to the Secretary of State and to be heard by an independent person appointed by the Secretary of State.

(4) Where there is an appeal under regulation 42, an amendment or suspension shall not have effect until the final determination by the Secretary of State in accordance with the following regulation unless the Secretary of State considers that it is necessary for the protection of public or animal health for the amendment or suspension to have immediate effect.

(5) The Secretary of State may by notice in writing revoke an approval if, following an appeal, if any, in accordance with the following regulation, which upholds a suspension, she is satisfied, taking into account all the circumstances of the case, that the premises will not be operated in accordance with these Regulations and the Community Regulation.

Appeals

42.—(1) A person on whom a notice is served under regulation 40 or 41 may within 21 days beginning with the day on which the notice is served—

(a) provide written representations to the Secretary of State; and

(b) provide notice of whether or not he wishes to appear before an independent person appointed by the Secretary of State.

(2) Where an appellant gives notice of his wish to appear before and be heard by an independent person—

(a) the Secretary of State shall appoint an independent person to hear representations and specify a time limit within which representations must be made;

(b) the appointed person shall not, except with the consent of the appellant, be an officer of the Secretary of State;

(c) if the appellant so requests the hearing shall be in public;

(d) if the appellant so requests, the Secretary of State shall furnish to him a copy of the report of the person so appointed.

(3) The independent person shall report to the Secretary of State.

(4) The Secretary of State shall give to the appellant written notification of her final determination and the reasons for it.

Notice requiring the disposal of animal by-products or catering waste

43.  If an inspector considers it necessary for animal or public health purposes or if any provision of these Regulations or the Community Regulation is not being complied with, he may—

(a) serve a notice on any person in possession or control of any animal by-product requiring him to dispose of it as may be specified in the notice; or

(b) serve a notice on the occupier of any premises prohibiting animal by-products being brought on to the premises, or only permitting this in a way specified in the notice.

Cleansing and disinfection

44.—(1) If an inspector reasonably suspects that any vehicle, container or premises to which these Regulations or the Community Regulation apply constitutes an animal or public health risk, he may serve a notice on the person in charge of the vehicle or container, or on the occupier of the premises, requiring the vehicle, container or premises to be cleansed and disinfected.

(2) The notice may—

(a) specify the method of cleansing and disinfection;

(b) specify the method of disposal of any material remaining in the vehicle, container or premises; and

(c) prohibit the movement of any animal by-product into the vehicle or container or on to the premises until such time as the required cleansing and disinfection has been satisfactorily completed.

Compliance with notices

45.—(1) Any notice served under these Regulations shall be complied with at the expense of the person on whom the notice is served, and if it is not complied with, an inspector may arrange for it to be complied with at the expense of that person.

(2) Any person on whom a notice is served who contravenes or fails to comply with the provisions of that notice shall be guilty of an offence.

Powers of entry

46.—(1) An inspector shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours, to enter any premises (excluding any premises used only as a dwelling) for the purpose of administering and enforcing these Regulations and the Community Regulation; and in this regulation “premises” includes any vehicle or container.

(2) An inspector may—

(a) seize any animal by-products and dispose of them as necessary;

(b) carry out any inquiries, examinations and tests;

(c) take any samples;

(d) have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations or the Community Regulation, or remove such records to enable them to be copied;

(e) have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;

(f) mark any animal, animal by-product or other thing for identification purposes; and

(g) take with him—

(i) such other persons as he considers necessary; and

(ii) any representative of the European Commission acting for the purpose of the Community Regulation.

(3) Any person who defaces, obliterates or removes any mark applied under paragraph (2) shall be guilty of an offence.

(4) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.

Obstruction

47.—(1) Any person who—

(a) intentionally obstructs any person acting in the execution of these Regulations;

(b) without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations;

(c) furnishes to any person acting in the execution of these Regulations any information which he knows to be false or misleading, or

(d) fails to produce a record when required to do so to any person acting in the execution of these Regulations;

shall be guilty of an offence.

(2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question if to do so might incriminate him.

Penalties

48.—(1) A person guilty of an offence under these Regulation shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.

(2) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar person of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3) For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Enforcement

49.—(1) These Regulations shall be enforced by the Secretary of State in relation to—

(a) premises which are licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995(1);

(b) premises which are licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(2);

(c) premises which are licensed under the Wild Game Meat (Hygiene and Inspection) Regulations 1995(3);

(d) combined premises as defined in the Meat Products (Hygiene) Regulations 1994(4); and

(e) combined premises as defined in the Minced Meat and Meat Preparations (Hygiene) Regulations 1995(5).

(2) Other than as specified in paragraph (1) these Regulations shall be enforced by the local authority.

(3) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation shall be discharged by the Secretary of State and not by the local authority.

Transitional measures

50.—(1) Schedule 3 (transitional measures) shall have effect.

(2) Part I of Schedule 3 (intra-species recycling of fish) shall cease to have effect on 1 January 2004.

(3) Part II of Schedule 3 (collection, transportation and disposal of former foodstuffs) shall cease to have effect on 1 January 2006.

(4) Part III of Schedule 3 (used cooking oil in animal feed) shall cease to have effect on 1 November 2004.

(5) Part IV of Schedule 3 (disposal of mammalian blood) shall cease to have effect on 1 January 2005.

(6) Part V of Schedule 3 (oleochemical plants using rendered fats from category 2 and 3 materials) shall cease to have effect on 1 November 2005.

(7) Part VI of Schedule 3 (low capacity incinerators) shall cease to have effect on 1 January 2005.

Amendments and revocations

51.—(1) The TSE (England) Regulations 2002 are amended in accordance with Schedule 4.

(2) In so far as they extend to England, the Animal By-Products Order 1999(6) and the Animal By-Products (Amendment) (England) Order 2001(7) are revoked.

(1)

S.I. 1995/539 as amended by S.I. 1995/731, S.I. 1995/1763, S.I. 1995/2148, S.I. 1995/2200, S.I. 1995/3124, S.I. 1995/3189, S.I. 1996/1148, S.I. 1996/2235, S.I. 1997/1729, S.I. 1997/2074, S.I. 2000/225, S.I. 2000/656, S.I. 2000/2215, S.I. 2001/1512, S.I. 2001/1739, S.I. 2001/1771, S.I. 2001/2601, S.I. 2001/3451, S.I. 2002/118 and S.I. 2002/889.

(2)

S.I. 1995/540 as amended by S.I. 1995/1763, S.I. 1995/2148, S.I. 1995/2200, S.I. 1995/3205, S.I. 1997/1729, S.I. 2000/225, S.I. 2000/656, S.I. 2000/2215, S.I. 2001/3399, S.I. 2002/889.

(3)

S.I. 1995/2148 as amended by S.I. 1995/3205 and S.I. 1995/656.

(4)

S.I. 1994/3082 as amended by S.I. 1995/534, S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/3205, S.I. 1996/1499, S.I. 1999/683, S.I. 2000/225, S.I. 2000/656, S.I. 2000/790 and S.I. 2000/2215.

(5)

S.I. 1995/3205 as amended by S.I. 1996/3124, S.I. 2000/225, S.I. 2000/656 and S.I. 2000/2215.

(6)

S.I. 1999/646.

(7)

S.I. 2001/1704.