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

CHAPTER II IDENTIFICATION

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

(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:

(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).

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.

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.

6. However:

(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.