Animal By-Products Order (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Order.)

This Order replaces the Diseases of Animals (Animal Protein) (No. 2) Order (Northern Ireland) 1989 as amended, and the Catering Waste (Feeding to Livestock) Order (Northern Ireland) 2001. It also replaces the Animal By-Products Regulations (Northern Ireland) 1993 as amended, which are revoked by the Animal By-Products (Revocation) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 210). It implements—

• (Council Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feeding stuffs of animal or fish origin and amending Directive 90/425/EEC (O.J. No. L363, 27.12.90, p. 51)) as supplemented by:

• (Commission Decision 92/562/EEC on the approval of alternative heat treatment systems for processing high-risk material (O.J. No. L359, 9.12.92, p. 23));

• (Commission Decision 94/382/EC on the approval of alternative heat treatment systems for processing animal waste of ruminant origin, with a view to the inactivation of spongiform encephalopathy agents (text with EEA relevance) (O.J. No. L172, 7.7.94, p. 25));

• (Commission Decision 95/29/EC amending Decision 94/382/EC on the approval of alternative heat treatment systems for processing animal waste of ruminant origin, with a view to the inactivation of spongiform encephalopathy agents (O.J. No. L38, 18.2.95, p. 17)); and

• (Commission Decision 96/449/EC on the approval of alternative heat treatment systems for processing animal waste with a view to the inactivation of spongiform encephalopathy agents (text with EEA relevance) (O.J. No. L184, 24.6.96, p. 43)).

These establish systems and standards for the rendering of animal by-products.

The Order also implements Council Decision 95/348/EC laying down the veterinary and animal health rules applicable in the United Kingdom and Ireland to the treatment of certain types of waste intended to be marketed locally as feedstuffs for certain animal categories (O.J. No. L202, 26.8.95, p. 8).

Animal by-products

Animal by-products are defined as carcases, parts of carcases or products of animal origin, which are not intended for human consumption, but the definition excludes catering waste and excreta. Animal by-products are divided into two categories: high risk (e.g. fallen stock) and low risk (e.g. slaughterhouse waste which is fit for human consumption).

Part II of the Order requires that animal by-products must be disposed of, without undue delay, by—

(a) rendering in approved premises: the Order sets construction and operational standards for such premises; sets the standards to which animal by-products must be rendered; and requires the microbiological testing of dry rendered material intended for use in animal feeding stuffs other than petfood;

(b) incineration;

(c) in certain, specified, circumstances, burning or burial;

(d) use for diagnostic, educational or research purposes;

(e) for low risk material only, use for the production of petfood, pharmaceutical or technical products. The Order requires such premises to be registered and to have suitable facilities for the disposal of unused or waste material;

(f) for low risk material and certain types of high risk material, treatment at an approved knacker’s yard or for feeding at hunt kennels, maggot farms and similar premises. The Order sets construction and operational standards for approved knackers' yards and the standards to which knackers must treat animal by-products for use as feeding stuffs for animals whose flesh is not intended for human consumption. It also requires hunt kennels and similar premises to be registered;

(g) export from Northern Ireland.

The Order requires persons who engage in the business of collection, holding or removal of animal by-products to register with the Department and requires certain records to be kept.

Catering waste intended for feeding to livestock

Part III of the Order prohibits the feeding to livestock of catering waste (other than used cooking oil) which contains, or has been in contact with animal carcases, parts of animal carcases (including blood) or products of animal origin. It also regulates the holding, disposal and transport of catering waste and the landing of catering waste in Northern Ireland from a means of transport from outside Northern Ireland.

General provisions

Part IV of the Order makes provision for the service of notices requiring animal by-products or catering waste to be disposed of, and for the cleansing and disinfection of vehicles and the keeping of records. Provision is made for certain approvals, authorisations and registrations granted under the revoked legislation to remain valid.

Any person who without lawful authority or excuse, proof of which shall lie on him, contravenes any provision of the Order shall be guilty of an offence against the Diseases of Animals (Northern Ireland) Order 1981. The penalty, on summary conviction, is in the case of an offence committed in relation to carcases or other inanimate things a fine not exceeding level 5 on the standard scale (currently £5000) together with a further fine not exceeding level 3 on the standard scale (currently £1000) in respect of every 508 kilogrammes in weight of the carcases or other things after the first 508 kilogrammes.