The Animal By-Products (Identification) (Amendment) (England) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Animal By-Products (Identification) Regulations 1995 in so far as they extend to England (S.I. 1995/614, as already amended, “the 1995 Regulations”). The 1995 Regulations extend to the whole of Great Britain.

2.  These Regulations consist very largely of provisions which are consequential on 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 (“the Community Regulation”, OJ No. L273, 10.10.2002, p.1) and on the Regulations which provide for the enforcement of that Regulation in relation to England, namely the Animal By-Products Regulations 2003 (S.I. 2003/1482).

3.  These Regulations amend the 1995 Regulations by —

(a) in regulation 2(1) (interpretation), substituting for the definition of the term “the 1999 Order” a definition of the term “the 2003 Regulations”, substituting for the definition of the term “approved premises” definitions of the terms “approved incineration plant” and “approved rendering plant” and adding a definition of the term “the Community Regulation” (regulation 3);

(b) in regulation 5 (exemptions) —

(i) substituting a revised version paragraph (1)(e) (which specifies a particular category of animal by-product to which the 1995 Regulations do not apply (regulation 4(a)), and

(ii) in paragraph (2) deleting certain words the need to delete which was overlooked in an earlier instrument amending the 1995 Regulations and substituting for the references to “the 1999 Order” references to “the 2003 Regulations” (regulation 4(b));

(c) in regulation 6 (staining of animal by-products in cold stores, cutting premises, game processing facilities or slaughterhouses) substituting revised versions of paragraphs (2)(b)(iii) and (4) (which, read together, specify a category of animal by-product to which the duty of occupiers of cold stores, cutting premises, game processing facilities and slaughterhouses to stain animal by-products which is imposed by paragraph (1) of that regulation does not apply) (regulation 5);

(d) in regulation 7 (staining of animal by-products in animal by-products premises) substituting revised versions of paragraphs (2) and (3) (which, read together, specify a category of animal by-product to which the duty of occupiers of animal by-products premises to stain animal by-products which is imposed by paragraph (1) of that regulation does not apply) (regulation 6);

(e) in regulation 9 (storage and packaging of animal by-products) substituting a revised version of paragraph (3) (which provides that animal by-products may not be stored in cold stores, cutting premises, game processing facilities or slaughterhouses if specified conditions are not met) (regulation 7); and

(f) in regulation 10 (restriction on movement of animal by-products) substituting a revised version of paragraph (2) (which specifies a category of animal by-product to which the prohibition on moving animal by-products from animal by-products premises, cold stores, cutting premises, game processing facilities or slaughterhouses without first staining them which is imposed by paragraph (1) of that regulation does not apply) (regulation 8).

4.  No regulatory impact assessment has been prepared in respect of these Regulations.