The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011

PART I N.I. INTRODUCTION

Citation and commencement N.I.

1.  These Regulations may be cited as the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 and shall come into operation on 19th March 2011.

Commencement Information

I1 Reg. 1 in operation at 19.3.2011, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations—

“the Department” means the Department of Agriculture and Rural Development;

“EU Control Regulation” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation)(1);

“EU Implementing Regulation” means Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive(2);

“animal by-product requirement” has the meaning given in regulation 17(2);

“authorised person” has the meaning given in regulation 21;

“competent authority” has the meaning given in regulation 3;

“enforcement authority” has the meaning given in regulation 20;

“premises” includes—

(a)

any land, building (including any domestic premises), shed, pen;

(b)

any receptacle or container;

(c)

any ship; or

(d)

vehicle of any description;

“ship” includes a hovercraft, submersible craft and any other floating craft but not a vessel which—

(e)

permanently rests on or is permanently attached to the seabed; or

(f)

is an installation within section 16 of the Energy Act 2008(3).

(2) References in these Regulations to Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (the EU Implementing Regulation) are references to that Regulation as amended from time to time.

(3) Expressions used in these Regulations that are also used in the EU Control Regulation or the EU Implementing Regulation have the same meaning in these Regulations as they have in the EU Control Regulation or in the EU Implementing Regulation.

(4) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000(4).

(5) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Assembly.

Commencement Information

I2 Reg. 2 in operation at 19.3.2011, see reg. 1

PART II N.I. THE COMPETENT AUTHORITY AND MISCELLANEOUS PROVISIONS

The competent authority N.I.

3.  The Department is the competent authority for the purposes of the EU Control Regulation and the EU Implementing Regulation except as otherwise specified in these Regulations.

Commencement Information

I3 Reg. 3 in operation at 19.3.2011, see reg. 1

Access in relation to prohibitions in Article 11(1)(a), (b) or (d) of the EU Control Regulation N.I.

4.  In relation to a prohibition on feeding in Article 11(1)(a), (b) or (d) of the EU Control Regulation, the requirements of regulations 5 and 6 apply.

Commencement Information

I4 Reg. 4 in operation at 19.3.2011, see reg. 1

5.—(1) Animal by-products, including catering waste, shall not be brought on to any premises where farmed animals have access to the animal by-products.

(2) Paragraph (1) does not apply to derived products, except for—

(a) products derived from catering waste; or

(b) meat and bone meal derived from Category 2 material and processed animal proteins intended to be used as or in organic fertilisers and soil improvers that do not comply with the requirements of Article 32(1)(d) (placing on the market and use) of the EU Control Regulation.

Commencement Information

I5 Reg. 5 in operation at 19.3.2011, see reg. 1

6.  A carcase or part of a carcase of any farmed animal that has not been slaughtered for human consumption shall be held, pending consignment or disposal, in accordance with the EU Control Regulation as read with the EU Implementing Regulation, in such manner as to ensure that any animal or bird will not have access to it.

Commencement Information

I6 Reg. 6 in operation at 19.3.2011, see reg. 1

Use of organic fertilisers and soil improvers and additional waiting period for pigs in relation to the prohibition in Article 11(1)(c) of the EU Control Regulation N.I.

7.—(1) In accordance with Article 32(1) of the EU Control Regulation, the application of organic fertilisers or soil improvers to land is prohibited where, during the period of 60 days from the application of such products, it is intended that pigs will—

(a) have access for grazing to such land; or

(b) be fed cut herbage from such land.

(2) Where organic fertilisers or soil improvers have been applied to land, in addition to the minimum waiting period that applies to farmed animals, pigs are prohibited during the additional waiting period, (resulting in a total period of 60 days from such application) from—

(a) having access to such land; or

(b) being fed cut herbage from such land.

(3) Paragraphs (1) and (2) do not apply to the following organic fertilisers or soil improvers—

(a) manure;

(b) milk;

(c) milk-based products;

(d) milk derived products;

(e) colostrum;

(f) colostrum products;

(g) digestive tract content.

(4) In this regulation—

(a) “the minimum waiting period” is the period of 21 days commencing from the date of application of organic fertilisers or soil improvers to land as provided in Article 11(1)(c) of the EU Control Regulation, as read with Article 5(2) of, and Chapter 2 of Annex 2 to, the EU Implementing Regulation;

(b) “the additional waiting period” is the period of 39 days commencing on the expiration of the minimum waiting period.

Commencement Information

I7 Reg. 7 in operation at 19.3.2011, see reg. 1

Collection centres for feeding in relation to Article 18(1) of the EU Control Regulation N.I.

8.  In relation to Article 18(1) of the EU Control Regulation, and in accordance with Article 13 of the EU Implementing Regulation as read with paragraph 3 of Section 1 of Chapter 2 Annex 6 to that Regulation, a processing plant for Category 2 material is authorised as a collection centre for Category 2 material for the purposes of Article 18(1) of the EU Control Regulation on condition that it is approved for that purpose under Article 24 of the EU Control Regulation.

Commencement Information

I8 Reg. 8 in operation at 19.3.2011, see reg. 1

Remote areas for the purposes of Article 19(1)(b) of the EU Control Regulation N.I.

9.  For the purposes of applying Article 19(1)(b) of the EU Control Regulation—

(a) the Copeland Islands; and

(b) Rathlin Island

are categorised as remote areas.

Commencement Information

I9 Reg. 9 in operation at 19.3.2011, see reg. 1

Placing on the market in relation to Article 36 of the EU Control Regulation N.I.

10.  In relation to Article 36 of the EU Control Regulation, and in accordance with Article 24(4) of the EU Implementing Regulation as read with point B of Chapter 7 to Annex 13 of that Regulation, the placing on the market of untreated wool and hair from farms or from establishments or plants is authorised without restrictions except where they present a risk of any disease communicable through those products to humans or animals.

Commencement Information

I10 Reg. 10 in operation at 19.3.2011, see reg. 1

PART III N.I. REGISTRATION AND APPROVAL

Procedure for registration of plants and establishments N.I.

11.  A notification shall be made in writing to the Department, where it is made in relation to Articles 23(1) and 23(2)of the EU Control Regulation—

(a) with a view to registration in accordance with Article 23(1); or

(b) to inform the authority of changes in accordance with Article 23(2).

Commencement Information

I11 Reg. 11 in operation at 19.3.2011, see reg. 1

Notifications of the Department in respect of registration N.I.

12.—(1) The Department shall give notice in writing to—

(a) the operator who has notified in accordance with regulation 11 of—

(i) the registration of such an operator; or

(ii) the decision not to register;

(b) a registered operator of—

(i) a prohibition made under Article 46(2) of the EU Control Regulation (prohibition on operations);

(ii) a requirement to comply with Article 23(1)(b) or (2) of the EU Control Regulation (information on activities and up to date information);

(iii) the amendment of the registration or the ending of the registration where an operator has notified the Department of the closure of an establishment in accordance with Article 23(2) (up to date information)of the EU Control Regulation.

(2) Any notice served or registration granted under this regulation shall be in writing and may be made subject to such conditions as are necessary to—

(a) ensure that the provisions of the Control Regulation, the Implementing Regulation and these Regulations are complied with; and

(b) protect public and animal health.

Commencement Information

I12 Reg. 12 in operation at 19.3.2011, see reg. 1

Approval N.I.

13.  Operators to whom Article 24(1) of the EU Control Regulation applies, shall apply in writing to the Department to be—

(a) approved; or

(b) where Article 33 of the EU Implementing Regulations applies, re-approved.

Commencement Information

I13 Reg. 13 in operation at 19.3.2011, see reg. 1

Notification in respect of decisions on approval N.I.

14.—(1) The Department shall give notice in writing to—

(a) the applicant for approval of the—

(i) grant of approval in accordance with Articles 24 and 44 of the EU Control Regulation;

(ii) grant of conditional approval in accordance with Articles 24 and 44 of the EU Control Regulation, or the extension of such approval in accordance with that Article; or

(iii) refusal to grant approval in accordance with initial application or extension;

(b) where conditional approval has been granted in accordance with Articles 24 and 44 of the EU Control Regulation, the operator of the plant or establishment subject to such approval, of the—

(i) grant of full approval;

(ii) extension of such approval;

(iii) imposition of conditions in accordance with Article 46(1)(c) of the EU Control Regulation;

(iv) suspension of such approval in accordance with Article 46(1)(a) of the EU Control Regulation ;

(v) withdrawal of such approval in accordance with Article 46(1)(b) of the EU Control Regulation;

(vi) making of a prohibition in accordance with Article 46(2) of the EU Control Regulation; or

(vii) refusal to extend or grant full approval;

(c) the operator of an approved plant or establishment of the—

(i) imposition of conditions in accordance with Article 46(1)(c) of the EU Control Regulation (suspension, withdrawal);

(ii) suspension of such approval in accordance with Article 46(1)(a) of the EU Control Regulation;

(iii) making of a prohibition in accordance with Article 46(2) of the EU Control Regulation; or

(iv) withdrawal of such approval in accordance Article 46(1)(b) of the EU Control Regulation.

(2) Any notice served or approval granted under this regulation shall be in writing and may be made subject to such conditions as are necessary to—

(a) ensure that the provisions of the Control Regulation, the Implementing Regulation and these Regulations are complied with; and

(b) protect public and animal health.

Commencement Information

I14 Reg. 14 in operation at 19.3.2011, see reg. 1

Reasons for decisions N.I.

15.—(1) Where a decision is made by the Department as provided in paragraph (2), the Department shall give reasons in writing for that decision, with the decision.

(2) The types of decision are those made—

(a) in respect of registration, under regulation 12(1)(a)(ii)(not to register) or regulation 12(1)(b) (requirements, amendments or ending of registration);

(b) in respect of an application of approval, as mentioned in regulation 14(1)(a)(ii) (conditional approval) or regulation 14(1)(a)(iii) (refusal);

(c) in respect of conditional approval, as mentioned in regulation 14(1)(b)(v) (withdrawal) or regulation 14(1)(b)(vii) (refusal);

(d) in respect of the suspension or withdrawal of full approval, as mentioned in regulation 14(1)(c)(ii) or regulation 14(1)(c)(iv);

(e) in respect of the imposition of conditions, as mentioned in regulation 14(1)(b)(iii) or regulation 14(1)(c)(i);

(f) in respect of a prohibition, as mentioned in regulation 14(1)(b)(vi) or regulation 14(1)(c)(iii).

Commencement Information

I15 Reg. 15 in operation at 19.3.2011, see reg. 1

Appeals N.I.

16.—(1) Where the Department has made a notification referred to in regulation 15(2), a person may appeal against it by making written representations to a person appointed for the purpose by the Department within 21 days of the notification of that decision.

(2) The Department may also make written representations to the appointed person concerning the decision.

(3) The appointed person shall then report in writing to the Department.

(4) The Department shall give to the appellant written notification of the final determination of the Department and the reasons for it.

Commencement Information

I16 Reg. 16 in operation at 19.3.2011, see reg. 1

PART IV N.I. OFFENCES AND PENALTIES

Offence in respect of EU Control Regulation N.I.

17.—(1) An offence is committed by any person to whom an animal by-product requirement applies if that person fails to comply with or contravenes such a requirement.

(2) In this regulation, “animal by-product requirement” means any requirement of the EU Control Regulation as—

(a) where applicable, read with the requirements of—

(i) the EU Implementing Regulation;

(ii) these Regulations; and

(b) identified in Schedule 1 to these Regulations.

Commencement Information

I17 Reg. 17 in operation at 19.3.2011, see reg. 1

Obstruction N.I.

18.—(1) A person is guilty of an offence if that person—

(a) intentionally obstructs an authorised person;

(b) without reasonable cause, fails to give to an authorised person any information or assistance or to provide any facilities that such person may reasonably require;

(c) knowingly or recklessly gives false or misleading information to an authorised person; or

(d) fails to produce a record or document when required to do so by an authorised person.

(2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question if to do so might incriminate him.

Commencement Information

I18 Reg. 18 in operation at 19.3.2011, see reg. 1

Penalties N.I.

19.  A person guilty of an offence under these Regulations is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding six months or both; or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.

Commencement Information

I19 Reg. 19 in operation at 19.3.2011, see reg. 1

PART V N.I. ENFORCEMENT

Enforcement authority N.I.

20.  These Regulations shall be enforced by the Department, the Department of the Environment or a district council within its district.

Commencement Information

I20 Reg. 20 in operation at 19.3.2011, see reg. 1

Authorised person N.I.

21.—(1) An enforcement authority may authorise in writing such persons as the authority considers appropriate to act for the purpose of enforcing these Regulations.

(2) In these Regulations, a person authorised under paragraph (1) is an “authorised person”.

Commencement Information

I21 Reg. 21 in operation at 19.3.2011, see reg. 1

Powers of authorised person N.I.

22.  An authorised person may, on production, if so required, of his authority, exercise any of the powers specified in regulation 23 and regulation 25 for the purposes of enforcing these Regulations.

Commencement Information

I22 Reg. 22 in operation at 19.3.2011, see reg. 1

Powers of entry and additional powers N.I.

23.—(1) For the purpose of ensuring that the EU Control Regulation, the EU Implementing Regulation and these Regulations are complied with an authorised person has the power to enter premises at all reasonable hours.

(2) An authorised person may where exercising the power under paragraph (1)—

(a) be accompanied by such other persons as the authorised person considers necessary;

(b) take any equipment or materials required for any purpose for which the power of entry is being exercised;

(c) make such examination and investigation as may in the circumstances be necessary;

(d) as regards any premises which the authorised person has power to enter, direct that those premises, or part of them, are left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c);

(e) take such measurements and photographs and make such recordings as are considered necessary for the purpose of any examination or investigation under sub-paragraph (c);

(f) in the case of any articles or substances found in or on any premises which the authorised person has power to enter—

(i) take samples;

(ii) test or subject it to any process, where it appears that it has or is likely to cause harm to human health or to the health of animals or plants;

(iii) take possession of it and retain it for so long as is necessary for any of the following purposes—

(aa) to examine it and to exercise the power within paragraph (ii);

(bb) to ensure that it is not tampered with before examination of it is completed;

(cc) to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations; or

(dd) dispose of it as necessary.

(g) require the production of, or where the information is recorded in computerised form the furnishing of extracts from, any records which it is necessary to see for the purposes of any examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in , the records;

(h) require any person to afford such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on the authorised person by this regulation; or

(i) mark any animal or animal by-product as the authorised person considers necessary.

(3) Where an authorised person proposes to exercise the power in paragraph (2)(f)(ii) in the case of any article or substance found in or on any premises, the authorised person shall—

(a) if so requested by a person who at the time is present and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power, to be done in that person’s presence;

(b) consult such persons as appear to the authorised person appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which is proposed under that power.

(4) Where an authorised person in respect of the power in paragraph (2)(f)(iii)—

(a) proposes to exercise that power, the authorised person shall before taking possession, if it is practicable to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it; or

(b) exercises that power, the authorised person shall leave a notice giving particulars of the article or substance sufficient to identify it and stating that possession has been taken under that power, such notice to be left either—

(i) with a responsible person; or

(ii) if that is impracticable, fixed in a conspicuous place at those premises.

(5) Nothing in this regulation compels the production by any person of a document which that person would be entitled to withhold production of on the grounds of legal professional privilege on an order for discovery in an action in the High Court.

(6) Nothing in paragraph (2)(g) shall be construed as requiring any person to answer any question if to do so might incriminate them.

Commencement Information

I23 Reg. 23 in operation at 19.3.2011, see reg. 1

Warrant N.I.

24.—(1) If, in relation to the power to enter premises under regulation 23, a lay magistrate, on sworn complaint in writing—

(a) is satisfied that there are reasonable grounds to believe that any information or material relevant to the examination or investigation under regulation 23(2)(c) is on any such premises; and

(b) is also satisfied that—

(i) admission to such premises has been, or is likely to be, refused, and that notice of intention to apply for a warrant has been given to the occupier; or

(ii) the application for admission, or the giving of such a notice would defeat the object of the entry, or that the case is one of urgency, or that such premises are unoccupied or the occupier is temporarily absent,

the lay magistrate may by warrant under the lay magistrate’s hand, which continues in force for a period of one month, authorise an authorised person to enter the premises, if need be by force.

Commencement Information

I24 Reg. 24 in operation at 19.3.2011, see reg. 1

Notices served by an authorised person N.I.

25.—(1) An authorised person may serve a notice in accordance with paragraph (2) where that person—

(a) considers that there is a contravention of, or failure to comply with an animal by-product requirement; or

(b) reasonably suspects that as a result of such contravention or failure to comply, premises constitute a risk to human or animal health.

(2) An authorised person may serve a notice on the occupier of any premises, or the person considered to be in charge of the premises—

(a) requiring the disposal, and, where applicable, storage pending such disposal of—

(i) animal by-products and derived products;

(ii) material in premises to which paragraph (1)(b) applies;

(b) requiring the cleansing and disinfection of premises to which paragraph (1)(b) applies, and where applicable, specifying the method for such cleansing and disinfection;

(c) prohibiting animal by-products and derived products being—

(i) brought on to premises;

(ii) brought on to premises unless in accordance with conditions specified in the notice;

(iii) moved on to or in the premises referred to in paragraph (1)(b) until the satisfactory completion of cleansing and disinfection in accordance with a notice as provided in sub-paragraph (b).

(3) A notice served under paragraph (2) shall be complied with at the expense of the person on whom the notice is served, and if it is not complied with, an authorised person may arrange for it to be complied with at the expense of that person.

(4) Paragraph (1) does not apply where Article 46(1) (suspensions, withdrawals and prohibitions on operations) of the EU Control Regulation applies.

Commencement Information

I25 Reg. 25 in operation at 19.3.2011, see reg. 1

Power to share information for enforcement purposes N.I.

26.—(1) Information sent to, or acquired, in compliance or purported compliance with the obligations of the EU Control Regulation as read with the EU Implementing Regulation or as a result of enforcing these Regulations may be shared, in accordance with paragraph (2), where it has been so received by—

(a) the Department;

(b) an enforcement authority; or

(c) an authorised person.

(2) Where a body within paragraph (1) has received information in accordance with that paragraph, then such a body may share such information with another—

(a) Competent authority appointed within the United Kingdom for the purpose of implementing the EU Control Regulation;

(b) enforcement authority;

(c) authorised person; or

(d) enforcement authority or authorised person appointed within the United Kingdom for the purpose of enforcing the EU Control Regulation.

(3) Information received in accordance with paragraph (2) shall only be used for the purposes of enforcing these Regulations.

(4) For the purposes of this regulation, “an enforcement authority” includes the Food Standards Agency.

Commencement Information

I26 Reg. 26 in operation at 19.3.2011, see reg. 1

PART VI N.I. CONSEQUENTIAL AMENDMENTS

Consequential amendments N.I.

27.  Schedule 2 to these Regulations provides for consequential amendments.

Commencement Information

I27 Reg. 27 in operation at 19.3.2011, see reg. 1

PART VII N.I. REVOCATIONS AND TRANSITIONAL PROVISION

Revocations N.I.

28.  The table in Schedule 3 to these Regulations provides for revocations to the extent specified in that Table.

Commencement Information

I28 Reg. 28 in operation at 19.3.2011, see reg. 1

Small quantities transitional provision N.I.

29.—(1) The collection, transport and disposal of Category 3 material in Article 10(f) of the EU Control Regulation, is authorised under Article 36(3) of the EU Implementing Regulation, by way of derogation from Article 14 of the EU Control Regulation, for the period ending on the 31 December 2012, where the requirements of paragraph (2) are satisfied.

(2) The requirements are—

(a) the material satisfies Article 36(3) of, and paragraphs (a) to (c) of Chapter 4 of Annex 6 to, the EU Implementing Regulation; and

(b) the means of disposal for such material, in addition to the means in Article 14 of the EU Control Regulation, are disposal—

(i) in an authorised landfill without prior processing; or

(ii) where Article 21 of the EU Control Regulation is satisfied, to a biogas or composting plant for transformation in accordance with an authorisation under paragraph 2 of Section 2 of Chapter 3 of Annex 5 to the EU Implementing Regulation.

Commencement Information

I29 Reg. 29 in operation at 19.3.2011, see reg. 1

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 18th March 2011

C. McMaster

A senior officer of the Department of Agriculture and Rural Development