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

regulation 50

SCHEDULE 3 E+W Transitional Measures

PART I E+W INTRA-SPECIES RECYCLING BAN FOR FISH M1

Marginal Citations

M1 This Part of the Schedule enforces Article 1 of 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, OJ No. L117, 13.5.2003, p.14.

1.  In accordance with Article 1 of 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, 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. E+W

PART II E+W COLLECTION, TRANSPORTATION AND DISPOSAL OF FORMER FOODSTUFFS M2

Marginal Citations

M2 This Part of the Schedule enforces 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, OJ No. L117, 13.5.2003, p.22.

1.—(1) The National Assembly will be the competent authority for granting approvals under 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. E+W

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

2.  For the purposes of Article 1(1) of Commission Regulation (EC) No. 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. E+W

3.  Where former foodstuffs are mixed with Category 1 or Category 2 material any person in possession or control of the material must ensure that it is disposed of in accordance with Article 1(2) of Commission Regulation (EC) No. 813/2003; and any person who fails to do so will be guilty of an offence. E+W

4.  Where former foodstuffs are sent for disposal in an approved landfill site, any person in possession or control of the material must comply with Article 1(3) of Commission Regulation (EC) No. 813/2003 and any person who fails to do so will be guilty of an offence. E+W

5.  Any person who fails to comply with any instructions given by an inspector under Article 3(3) of Commission Regulation (EC) No. 813/2003 will be guilty of an offence. E+W

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. E+W

PART III E+W USKED COOKING OIL IN ANIMAL FEED M3

Marginal Citations

M3 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, OJ No. L117, 13.5.2003, p.24.

Scope E+W

1.  Notwithstanding the prohibition on feeding farmed animals with catering waste or feed materials 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 — E+W

(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 E+W

3.—(1) The National Assembly may approve —

(a) collectors of used cooking oil if it is 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 it is 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 must specify — E+W

(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 31 October 2004.

5.—(1) Approval must be suspended immediately if the conditions under which it was granted are no longer fulfilled. E+W

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

General obligations E+W

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

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

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

7.  Used cooking oil must be — E+W

(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.

8.—(1) Used cooking oil must 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. E+W

(2) Collectors must 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, must be cleaned, washed and disinfected after each use.

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

Approved premises and the operation of blending premises E+W

9.  The operator of an approved premises must 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 must ensure that each batch of used cooking oil is tested to ensure compliance with the standards in paragraph 16 of this Part. A batch must be no greater than 30 tonnes. E+W

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

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

(2) Unauthorised persons and animals must not have access to the premises.

(3) The premises must 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 must have adequate lavatories and washing facilities for staff.

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

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

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

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

Operators'own-checks E+W

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

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

(3) They must 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 and keep records of such checks for at least two years; and

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

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

(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 must —

(a) establish the causes of failures of compliance;

(b) ensure that no oil is 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 must record the results of the checks and tests. E+W

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

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

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

(3) Used cooking oil intended for use in animal feed must 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 must be established and documented for all parts of the premises.

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

(6) Inspection schedules and results must be recorded.

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

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

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

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

16.—(1) Used cooking oil must meet the following minimum standards before use in animal feed. E+W

(2) Physical contamination:

(a) moisture and impurities: <3%

(b) impurities: <0.15%.

(3) Presence of mineral oil: absence.

(4) Presence of oxidised fatty acids: >88% Elutable Fatty acid content.

(5) Presence of pesticide residues complies with Directive 2002/32/EC M4 of the European Parliament and the Council on undesirable substances in animal feed.

(6) Presence of PCBs: <100ppb for the 7 main congeners M5 .

(7) Presence of Salmonella: absence.

(8) Presence of animal fat:

(a) Pentadecanoic acid (C15): <0.2%

(b) Cis.9 – hexadecanoic acid (C16:1): <2%

(c) Heptadeconic acid (C17): <0.4%

(d) Cis.9 – heptadecanoic acid (C17:1) <0.3%

(e) Fatty acides with a chain length of 20 carbon atoms or more (C20+): <5%

Marginal Citations

M4 OJ No. L 140, 30.05.2002, p.10.

M5 ICES7 polychlorinated biphenyls.

17.—(1) Commercial documents may be in written or electronic form. E+W

(2) A written commercial document or a printout of an electronic document must accompany the consignment of used cooking oil during transportation.

(3) The producer, receiver and carrier must each retain a copy of a written commercial document or, for electronic information, a record of that information.

(4) Commercial documents must 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.

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

(2) For used cooking oil which is sutable for use in animal feed, the records must 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 must in addition keep a record showing the method and place of disposal and the date the oil was consigned for disposal.

19.—(1) The National Assembly shall maintain a list of the names and addresses of approved: E+W

(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 must be assigned an official identification number.

(3) The National Assembly will make this list publicly available.

PART IV E+W MAMMALIAN BLOOD M6

Marginal Citations

M6 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, OJ No. L117, 13.5.2003, p.30.

General E+W

1.  By way of derogation from Annex VII, Chapter 11, paragraph 1 of the Community Regulation, mammalian blood may be processed in accordance with this Part.

2.  The National Assembly may approve the use of processing methods 2 to 5 or 7 of Annex V of the Community Regulation for the processing of mammalian blood. E+W

3.—(1) Approval must be suspended immediately if the conditions under which it was granted are not fulfilled. E+W

(2) Once suspended, the approval may 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 must be disposed of as instructed by an inspector.

4.  The approval may only be granted if the operator was processing at these premises, using that equipment and using those methods on 1st November 2002. E+W

5.  All other relevant provisions of the Community Regulation must be complied with. E+W

PART V E+W OLEOCHEMICAL PLANTS USING RENDERED FATS FROM CATEGORY 2 AND CATEGORY 3 MATERIALS M7

Marginal Citations

M7 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, OJ No. L117, 13.5.2003, p.42.

General obligations E+W

1.  By way of derogation from article 14 of the Community Regulation, the National Assembly 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 must be suspended immediately if the conditions under which it was granted are not fulfilled. E+W

(2) Once suspended, the approval may 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 must be disposed of as instructed by an inspector.

3.  The approval may only be granted to premises and facilities that operated in that way on 1st November 2002. E+W

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

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

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

PART VI E+W LOW CAPACITY INCINERATION OR CO-INCINERATION PLANTS WHICH DO NOT INCINERATE OR CO-INCINERATE SPECIFIED RISK MATERIALS OR CARCASES CONTAINING THEM M8

Marginal Citations

M8 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 low capacity incineration on co-incineration plants which do not incinerate or co-incinerate specified risk material or carcases containing them, OJ No. L117, 13.5.2003, p.44.

General obligations E+W

1.  By way of derogation from Article 12(3) of the Community Regulation, the National Assembly 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.

2.—(1) Approval must be suspended immediately if the conditions under which it was granted are not fulfilled. E+W

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

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

3.  The approval may only be granted to incinerators that were in operation on 1st November 2002. E+W

Specific requirements E+W

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

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

and failure to do so will 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 will be an offence. E+W