Commission Regulation (EU) No 142/2011Show full title

ANNEX VIII U.K. COLLECTION, TRANSPORT AND TRACEABILITY

CHAPTER I U.K. COLLECTION AND TRANSPORT

Section 1 U.K. Vehicles and containers

1. As from the starting point in the manufacturing chain referred to in Article 4(1) of Regulation (EC) No 1069/2009, animal by-products and derived products must be collected and transported in sealed new packaging or covered leak-proof containers or vehicles. U.K.

2. Vehicles and reusable containers, and all reusable items of equipment or appliances that come into contact with animal by-products or derived products, other than derived products which are placed on the market in accordance with Regulation (EC) No 767/2009 and which are stored and transported in accordance with Annex II to Regulation (EC) No 183/2005, must be maintained in a clean condition. U.K.

In particular, unless they are dedicated to the carriage of particular animal by-products or derived products in a way which avoids cross-contamination, they must be:

(a)

clean and dry before use; and

(b)

cleaned, washed and/or disinfected after each use to the extent necessary to avoid cross-contamination.

3. Reusable containers must be dedicated to the carriage of a particular animal by-product or derived product to the extent necessary to avoid cross-contamination. U.K.

However, reusable containers may be used, provided the competent authority has authorised such use:

(a)

for the carriage of different animal by-products or derived products provided that they are cleaned and disinfected between the different uses in a manner which prevents cross-contamination;

(b)

for the carriage of animal by-products or derived products referred to in Article 10(f) of Regulation (EC) No 1069/2009, following their use for the carriage of products intended for human consumption, under conditions which prevent cross-contamination.

4. Packaging material must be disposed of, by incineration or by other means in accordance with Union legislation. U.K.

Section 2 U.K. Temperature conditions

1. The transport of animal by-products destined for the production of feed material or raw petfood must take place at an appropriate temperature, in the case of animal by-products from meat and meat products which have been destined for purposes other than human consumption, at a maximum of 7 °C, unless they are used for feeding purposes in accordance with Chapter I of Annex II, in order to avoid any risk to animal or public health. U.K.

2. Unprocessed Category 3 material destined for the production of feed material or petfood must be stored and transported chilled, frozen or ensiled, unless: U.K.

(a)

it is processed within 24 hours after collection or after the end of storage in chilled or frozen form, if the subsequent transport takes place in means of transport in which the storage temperature is maintained;

(b)

in the case of milk, milk-based products or milk-derived products which have not been subject to any of the treatments referred to in Part I of Section 4 of Chapter II of Annex X, it is transported chilled and in insulated containers, unless risks can be mitigated by other measures, due to the characteristics of the material.

3. The design of vehicles used for refrigerated transport must ensure the maintenance of an appropriate temperature throughout transport, and allow that temperature to be monitored. U.K.

Section 3 U.K. Derogation for collection and transport of Category 3 material comprising of milk, milk-based products and milk-derived products

Section 1 shall not apply to the collection and transportation of Category 3 material comprising of milk, milk-based products and milk derived products by operators of milk-processing establishments which have been approved in accordance with Article 4 of Regulation (EC) No 853/2004, where they are receiving products which they have previously delivered and which are returned to them, in particular from their customers.

Section 4 U.K. Derogation for collection and transport of manure

By way of derogation from Section 1, the competent authority may accept the collection and transport of manure transported between two points located on the same farm or between farmers and users in the same Member State under other conditions which provide for the prevention of unacceptable risks to public and animal health.

CHAPTER II U.K. IDENTIFICATION

1. All necessary measures must be taken to ensure that: U.K.

(a)

consignments of animal by-products and derived products are identifiable and kept separate and identifiable during collection where the animal by-products originate and during transportation;

(b)

a marking substance for the identification of animal by-products or derived products of a specific category is only used for the category for which its use is required under this Regulation, or is established or laid down pursuant to point 4;

(c)

consignments of animal by-products and derived products are dispatched from one Member State to another Member State in packaging, containers or vehicles which are prominently and, at least for the period of transport, indelibly colour-coded for displaying information as provided for in this Regulation on the surface or part of the surface of a packaging, container or vehicle, or on a label or symbol applied to them as follows:

(i)

in the case of Category 1 materials, using the colour black;

(ii)

in the case of Category 2 materials (other than manure and digestive tract content), using the colour yellow;

(iii)

in the case of Category 3 materials, using the colour green with a high content of blue to ensure that it is clearly distinguishable from the other colours;

(iv)

in the case of imported consignments, the colour referred to for the respective material under points (i), (ii) and (iii), as from the time when the consignment has passed the border inspection post of first entry into the Union.

2. During transport and storage, a label attached to the packaging, container or vehicle must: U.K.

(a)

clearly indicate the category of the animal by-products or of the derived products; and

(b)

bear the following words visibly and legibly displayed on the packaging, a container or vehicle, as applicable:

(i)

in the case of Category 3 material, ‘not for human consumption’;

(ii)

in the case of Category 2 material (other than manure and digestive tract content) and derived products from Category 2 material, ‘not for animal consumption’; however, when Category 2 material is intended for the feeding of animals referred to in Article 18(1) of Regulation (EC) No 1069/2009 under the conditions provided for or laid down in accordance with that Article, the label shall instead indicate ‘for feeding to …’ completed with the name of the specific species of those animals for the feeding of which the material is intended;

(iii)

in the case of Category 1 material and derived products from Category 1 material where they are destined for

• disposal, ‘for disposal only’;

• the manufacture of petfood, ‘for manufacture of pet food only’;

• the manufacture of a derived product referred to in Article 36 of Regulation (EC) No 1069/2009, ‘for manufacture of derived products only. Not for human or animal consumption or for application to land’;

(iv)

in the case of milk, milk-based products, milk-derived products, colostrum and colostrum products, ‘not for human consumption’;

(v)

in the case of gelatine produced from Category 3 material, ‘gelatine suitable for animal consumption’;

(vi)

in the case of collagen produced from Category 3 material, ‘collagen suitable for animal consumption’;

(vii)

in the case of raw petfood, ‘as pet food only’;

(viii)

in the case of fish and derived products from fish intended for feed for fish, and treated and packaged before distribution, the name and address of the feed manufacturing establishment of origin, marked clearly and legibly, and

• in the case of fishmeal from wild fish, bearing the words ‘contains fishmeal from wild fish only – may be used for the feeding of farmed fish of all species’;

• in the case of fishmeal from farmed fish, bearing the words ‘contains fishmeal from farmed fish of the […] species only – may only be used for the feeding of farmed fish of other fish species’;

• in the case of fishmeal from wild fish and from farmed fish, bearing the words ‘contains fishmeal from wild fish and farmed fish of the […] species – may only be used for the feeding of farmed fish of other fish species’;

(ix)

in the case of blood products from equidae for purposes other than in feed, ‘blood and blood products from equidae. Not for human or animal consumption’;

(x)

in the case of horns, hooves and other materials for the production of organic fertilisers and soil improvers referred to in Section 12 of Chapter II of Annex XIV, ‘not for human or animal consumption’;

(xi)

in the case of organic fertilisers and soil improvers, ‘organic fertilisers or soil improvers/no grazing of farmed animals or use of crops as herbage during at least 21 days following application’;

(xii)

in the case of material used for feeding in accordance with Section 1 of Chapter II of Annex VI, the name and the address of the collection centre, and the indication ‘not for human consumption’;

(xiii)

in the case of manure and digestive tract content, ‘manure’;

(xiv)

in the case of intermediate products, on the outer packaging, bearing the words ‘for medicinal products/veterinary medicinal products/medical devices/active implantable medical devices/in vitro diagnostic medical devices/laboratory reagents only’;

(xv)

in the case of research and diagnostic samples, the words ‘for research and diagnostic purposes’, instead of the label text laid down in point (a);

(xvi)

in the case of trade samples, the words ‘trade sample not for human consumption’, instead of the label text laid down in point (a);

(xvii)

in the case of display items, the words ‘display item not for human consumption’, instead of the label text laid down in point (a).

(c)

However, the label referred to in point (b)(xi) shall not be required for the following organic fertilisers and soil improvers:

(i)

in ready-to-sell packages of not more than 50 kg in weight for use by the final consumer; or

(ii)

in big bags of not more than 1 000 kg in weight, provided that:

• they are authorised by the competent authority of the Member State where the organic fertiliser or soil improver is to be applied to land,

• it is indicated on those bags that they are not destined for application to land to which farmed animals have access.

3. Member States may establish systems or lay down rules for the colour-coding of packaging, containers or vehicles used for the transport of animal by-products and derived products originating in and remaining on their territory, provided that those systems or rules do not confuse the colour-coding system provided for in point 1(c). U.K.

4. Member States may establish systems or lay down rules for the marking of animal by-products originating in and remaining on their territory provided that those systems or rules do not conflict with the marking requirements set out for derived products in Chapter V of this Annex. U.K.

5. By way of derogation from points 3 and 4, Member States may use the systems or rules referred to in those points for animal by-products originating in but not intended to remain on their territory if the Member State or third country of destination has communicated its agreement. U.K.

6. However: U.K.

(a)

points 1 and 2 of this Chapter shall not apply to the identification of Category 3 material comprising of milk, milk-based products and milk-derived products, by operators of milk-processing establishments which have been approved in accordance with Article 4 of Regulation (EC) No 853/2004, where they are receiving products which they have previously delivered and which are returned to them, in particular from their customers;

(b)

the competent authority may accept the identification of manure which is transported between two points located on the same farm or between farms and users located in the same Member State by other means, by way of derogation from points 1 and 2;

(c)

compound feeds as defined in Article 3(2)(h) of Regulation (EC) No 767/2009 which have been manufactured from animal by-products or from derived products and which are packaged and placed on the market as feed in accordance with Article 4 of Regulation (EC) No 767/2009 do not have to be identified in accordance with point 1 and they do not have to be labelled in accordance with point 2.

CHAPTER III U.K. COMMERCIAL DOCUMENTS AND HEALTH CERTIFICATES

1. During transportation, a commercial document in accordance with the model set out in this Chapter, or, when required by this Regulation, a health certificate must accompany animal by-products and derived products. U.K.

However, such document or certificate shall not be necessary, provided that:

(a)

derived products from Category 3 material and organic fertilisers and soil improvers are supplied within the same Member State by retailers to final users other than business operators;

(b)

milk, milk-based products and milk-derived products which are Category 3 materials are collected and returned to operators of milk-processing establishments, which have been approved in accordance with Article 4 of Regulation (EC) No 853/2004, if those operators are receiving products, in particular from their customers, which they have previously delivered;

(c)

compound feeds as defined in Article 3(2)(h) of Regulation (EC) No 767/2009 which have been manufactured from animal by-products or from derived products, are placed on the market packaged and labelled in accordance with Article 4 of Regulation (EC) No 767/2009.

2. The commercial document must be produced at least in triplicate (one original and two copies). The original must accompany the consignment to its final destination. The receiver must retain it. The producer must retain one of the copies and the carrier the other. U.K.

Member States may require that proof of the arrival of the consignments is provided by the TRACES system or by a fourth copy of the commercial document which is sent back by the receiver to the producer.

3. Health certificates must be issued and signed by the competent authority. U.K.

4. A commercial document in accordance with the model set out under point 6 shall accompany animal by-products and derived products as from the starting point in the manufacturing chain referred to in Article 4(1) of Regulation (EC) No 1069/2009, during transportation within the Union. U.K.

However, in addition to the authorisation to transmit information by way of an alternative system as referred to in the second subparagraph of Article 21(3) of Regulation (EC) No 1069/2009, the competent authority may authorise that animal by-products and derived products which are transported on its territory are accompanied by:

(a)

a different commercial document, in paper or in electronic form, provided that such commercial document contains the information referred to in point (f) of the Notes under point 6 of this Chapter;

(b)

a commercial document in which the quantity of the material is expressed in weight or volume of the material or in the number of packages.

5. Records and related commercial documents or health certificates shall be kept for a period of at least two years for presentation to the competent authority. U.K.

6. Model commercial document U.K.

Notes U.K.

(a) Commercial documents shall be produced, according to the layout of the model appearing in this Chapter. U.K.

It shall contain, in the numbered order that appears in the model, the attestations that are required for the transportation of animal by-products and derived products.

(b) It shall be drawn up in one of the official languages of the Member State of origin and of the Member State of destination, as appropriate. U.K.

However, it may also be drawn up in other official Union languages, if accompanied by an official translation or if previously agreed by the competent authority of the Member State of destination.

(c) The original of each commercial document shall consist of a single sheet of paper, both sides, or, where more text is required it shall be in such a form that all sheets of paper needed are demonstrably part of an integrated whole and indivisible. U.K.

(d) If for reasons of identification of the items of the consignment, additional sheets of paper are attached to the commercial document, these sheets of paper shall also be considered as forming part of the original document by the application of the signature of the person responsible for the consignment, on each of the pages. U.K.

(e) When the commercial document, including additional sheets of paper referred to in point (d), comprises more than one page, each page shall be numbered – (page number) of (total number of pages) – at the bottom of the page and shall bear the code number of the document that has been designated by the responsible person at the top of the page. U.K.

(f) The original of the commercial document must be completed and signed by the responsible person. U.K.

The commercial document must specify:

(i)

the date on which the material was taken from the premises;

(ii)

the description of the material, including

• the identification of the material according to one of the categories referred to in Articles 8, 9 and 10 of Regulation (EC) No 1069/2009,

• the animal species and the specific reference to the applicable point in Article 10 of Regulation (EC) No 1069/2009 for Category 3 material and products derived therefrom which are destined for feeding and,

• if applicable, the ear-tag number of the animal;

(iii)

the quantity of the material, in volume, weight or number of packages;

(iv)

the place of origin of the material, from where the material is dispatched;

(v)

the name and the address of the carrier of the material;

(vi)

the name and the address of the receiver and, if applicable, its approval or registration number, which has been issued under Regulation (EC) No 1069/2009 or Regulations (EC) No 852/2004, (EC) No 853/2004 or (EC) No 183/2005, as applicable;

(vii)

if appropriate, the approval or registration number of the establishment or plant of origin, which has been issued under Regulation (EC) No 1069/2009 or Regulations (EC) No 852/2004, (EC) No 853/2004 or (EC) No 183/2005, as applicable, and the nature and the methods of the treatment.

(g) The colour of the signature of the responsible person shall be different to that of the printing. U.K.

(h) The document reference number and the local reference number shall only be issued once for the same consignment. U.K.

Commercial document U.K.

For the transport of animal by-products and derived products not intended for human consumption in accordance with Regulation (EC) No 1069/2009 within the European Union

CHAPTER IV U.K. RECORDS

Section 1 U.K. General provisions

1. The records as referred to in Article 22(1) of Regulation (EC) No 1069/2009 for animal by-products and derived products, other than compound feeds as defined in Article 3(2)(h) of Regulation (EC) No 767/2009, which have been manufactured from animal by-products or from derived products and which are placed on the market in accordance with Article 4 of Regulation (EC) No 767/2009, shall contain: U.K.

(a)

a description of:

(i)

the animal species for Category 3 material and derived products therefrom, destined for use as feed material and, if applicable, in the case of whole carcases and heads, the ear-tag number;

(ii)

the quantity of the material;

(b)

in the case of records kept by any person consigning animal by-products or derived products, the following information:

(i)

the date on which the material was taken from the premises;

(ii)

the name and the address of the transporter and of the receiver and, if applicable, their approval or registration number;

(c)

in the case of records kept by any person transporting animal by-products or derived products, the following information:

(i)

the date on which the material was taken from the premises;

(ii)

the place of origin of the material, from where the material is dispatched;

(iii)

the name and the address of the receiver and, if applicable, its approval or registration number;

(d)

in the case of records kept by any person receiving animal by-products or derived products, the following information:

(i)

the date of reception of the material;

(ii)

the place of origin of the material, from where the material is dispatched;

(iii)

the name and address of the transporter.

2. By way of derogation from point 1 of this Section, operators do not have to keep the information referred to in point 1(a) and points (b)(i), (c)(i) and (iii) and d(ii) and (iii) separately, if they keep a copy of the commercial document laid down in Chapter III for each consignment and make such information available in conjunction with the other information required under point 1 of this Section. U.K.

3. Operators of incineration plants and co-incineration plants shall keep records of the quantities and category of the animal by-products and derived products incinerated or co-incinerated, as applicable, and the date at which those operations were carried out. U.K.

Section 2 U.K. Additional requirements in case of use for special feeding purposes

In addition to the records required in accordance with Section 1, operators shall keep the following records in relation to relevant material if animal by-products are used for special feeding purposes in accordance with Chapter II of Annex VI:

1.

in the case of final users, the quantity used, the animals that it is intended to be fed to and the date of use;

2.

in the case of collection centres:

(i)

the quantity handled or treated in accordance with point 4 of Section 1 of Chapter I of Annex VI;

(ii)

the name and address of each final user using the material;

(iii)

the premises to which the material is taken for use;

(iv)

the quantity dispatched; and

(v)

the date on which the material was dispatched.

Section 3 U.K. Requirements in case of certain fur animals

The operator of the farm referred to in Chapter I of Annex II shall keep records at least of:

(a)

the number of furs and carcases of animals fed with materials originating of their own species; and

(b)

each consignment in order to ensure the traceability of the material.

Section 4 U.K. Requirements for the application of certain organic fertilisers and soil improvers to land

The person responsible for land to which organic fertilisers and soil improvers, other than the materials referred to in the second paragraph of Chapter II of Annex II are applied and to which farmed animals have access or from which herbage is cut for feeding to farmed animals, shall keep records of the following for a period of at least two years:

1.

the quantities of organic fertilisers and soil improvers applied;

2.

the date on which the organic fertilisers and soil improvers were applied to land and the places of such application;

3.

the dates, following the application of the organic fertiliser or soil improver, on which livestock has been allowed to graze on the land or on which the land has been cut for herbage to be used for feeding.

Section 5 U.K. Requirements for animal by-products derived from aquatic animals and feeding of fish

Processing plants producing fishmeal or other feed originating from aquatic animals shall keep records of the following:

(a)

the quantities produced each day;

(b)

the species of origin, including an indication of whether the aquatic animals were caught in the wild or produced in aquaculture;

(c)

in the case of fishmeal from farmed fish which is intended for feeding to farmed fish of another species, the scientific name of the species of origin.

Section 6 U.K. Requirements for the burning and burial of animal by-products

In the case of burning or burial of animal by-products as provided for in Article 19(1) of Regulation (EC) No 1069/2009, the person responsible for such burning or burial shall keep records of the following:

(a)

the quantities, categories and species of animal by-products burned or buried;

(b)

the date and place of burning and burial.

Section 7 U.K. Requirements for photogelatine

Operators of approved photographic factories referred to in Section 11 of Chapter II of Annex XIV shall keep records detailing the purchases and uses of photogelatine, as well as the disposal of residues and surplus material.

CHAPTER V U.K. MARKING OF CERTAIN DERIVED PRODUCTS

1. In processing plants for the processing of Category 1 or Category 2 material, derived products shall be permanently marked with glyceroltriheptanoate (GTH) in such a way that: U.K.

(a)

GTH is added to derived products that have undergone a preceding sanitising thermal treatment at a core temperature of at least 80 °C and remain subsequently protected from re-contamination;

(b)

all derived products contain homogenously throughout the substance a minimum concentration of at least 250 mg GTH per kg fat.

2. The operators of processing plants referred to in point 1 shall have in place a system of monitoring and recording of parameters suitable to demonstrate to the competent authority that the required homogeneous minimum concentration of GTH is achieved. U.K.

That monitoring and recording system shall include the determination of the content of intact GTH as triglyceride in a cleaned petroleum-ether 40-70 extract of GTH from samples taken at regular intervals.

3. The marking with GTH shall not be required for: U.K.

(a)

liquid derived products destined for biogas or composting plants;

(b)

derived products used for feeding to fur animals in accordance with Chapter I of Annex II;

(c)

biodiesel produced in accordance with point D of Section 2 of Chapter IV of Annex IV;

(d)

derived products obtained in accordance with Article 12(a)(ii) and (b)(ii) and Article 13(a)(ii) and (b)(ii) and Article 16(e) of Regulation (EC) No 1069/2009, where such products are:

(i)

moved by a closed conveyer system, which may not be by-passed, and provided such a system has been authorised by the competent authority, from the processing plant for:

• immediate direct incineration or co-incineration,

• immediate use in accordance with a method approved for animal by-products of Category 1 and Category 2 in accordance with Chapter IV of Annex IV; or

(ii)

intended for research and other specific purposes as referred to in Article 17 of Regulation (EC) No 1069/2009 which have been authorised by the competent authority.