The Processed Animal Protein (Scotland) Regulations 2001 (revoked)

Interpretation S

2.—(1) In these Regulations–

• “ABPO approved”, in relation to premises, means approved under article 7 of the Animal By-Products Order 1999 M1 , in accordance with article 5(2) of Council Directive 90/667/EEC M2 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 feedingstuffs of animal or fish origin and amending Directive 90/425/EEC M3 , for the purpose of rendering low risk animal by products; and “ABPO approval” shall be construed accordingly;

• “catering waste” has the same meaning as in the Animal By-Products Order 1999;

• “the Commission Decision” means Commission Decision 2001/9/EC M4 concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, as amended by Commission Decision 2001/165/EC M5 ;

• “the Council Decision” means Council Decision 2000/766/EC M6 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, as amended by Commission Regulation (EC) No. 1326/2001 M7 ;

• “farmed animal” means an animal which is kept, fattened or bred for the production of food;

• “inspector” means–

  (a)

  a person appointed as such for the purposes of these Regulations by the Scottish Ministers, including a veterinary inspector; and

  (b)

  a person appointed as such for the purposes of these Regulations by a local authority in relation to its enforcement responsibilities under these Regulations;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M8 ;

• “premises” includes any place, stall or moveable structure;

• “processed animal protein” means meat and bone meal, meat meal, bone meal, blood meal, dried plasma and other blood products, hydrolysed protein, hoof meal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal, dicalcium phosphate, gelatin and any other similar products including mixtures, feedingstuffs, feed additives and premixtures, containing these products; and

• “veterinary inspector” means a person appointed by the Scottish Ministers as a veterinary inspector.

(2) Expressions in these Regulations which are not defined in paragraph (1) above and which appear in the Council Decision or the Commission Decision have the same meaning in these Regulations as they have for the purposes of the Decision in which they appear.

(3) For the purposes of these Regulations and their application, material shall be treated as a feedingstuff whether it is used or intended to be used as a feedingstuff by itself or as an ingredient in something which is so used or intended for such use.

(4) For the purposes of these Regulations any person appointed to be an inspector for the purposes of the Animal Health Act 1981 shall be deemed to have been appointed by the Scottish Ministers to be an inspector.

(5) Any reference in these Regulations to a Schedule or regulation is, unless the context otherwise requires, a reference to a Schedule to, or a regulation of, these Regulations.

(6) 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 M9 , which has been recorded and is capable of being reproduced.

Marginal Citations

M1 S.I. 1999/646, as amended, as regards Scotland, by S.S.I. 2001/171.

M2 O.J. No. L 363, 27.12.90, p.51.

M3 O.J. No. L 224, 18.8.90, p.29, as amended by Council Directive 90/539/EEC (O.J. No. L 303 31.10.90 p.6), Council Directive 90/667/EEC (O.J. No. L 363 27.12.90 p.51), Council Directive 91/68/EEC (O.J. No. L 046 19.02.91 p.19), Council Directive 91/174/EEC (O.J. No. L 085 05.04.91 p.37), Council Directive 91/496/EEC (O.J. No. L 268 24.09.91 p.56), Council Directive 91/628/EEC (O.J. No. L 340 11.12.91 p.17), Council Directive 92/60/EEC (O.J. No. L 268 14.09.92 p.75), Council Directive 92/65/EEC (O.J. No. L 268 14.09.92 p.54, and Council Directive 92/118/EEC (O.J. No. L 62, 15.3.93, p.49).

M4 O.J. No. L 2, 5.1.01, p.32.

M5 O.J. No. L 58, 28.2.01, p.43.

M6 O.J. No. L 306, 7.12.00, p.32.

M7 O.J. No. L 177, 30.6.01, p.60.

M8 1994 c.39.

M9 2000 c.7; section 15(1) contains a definition of electronic communication.