The Animal By-Products (Enforcement) (Scotland) Regulations 2011

  1. Introductory Text

  2. PART 1 Introduction

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

  3. PART 2 The competent authority and miscellaneous provisions

    1. 3.The competent authority

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

    3. 5.(1) Animal by-products, including catering waste, must not be brought...

    4. 6.A carcase or part of a carcase of any farmed...

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

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

    7. 9.Remote areas referred to in Article 19(1)(b) of the EU Control Regulation

    8. 10.Placing on the market in relation to Article 36 of the EU Control Regulation

  4. PART 3 Registration and approval

    1. 11.Procedure for registration of plants and establishments

    2. 12.Notifications of competent authority in respect of registration

    3. 13.Procedure for application for approval

    4. 14.Notification in respect of decisions on approval

    5. 15.Reasons for decisions

    6. 16.Appeals procedure

  5. PART 4 Offences and penalties

    1. 17.Offence in respect of EU Control Regulation

    2. 18.Offence of obstruction

    3. 19.Offences by bodies corporate, Scottish partnerships and unincorporated associations

    4. 20.Penalties

  6. PART 5 Enforcement

    1. 21.Enforcement authority

    2. 22.Authorised person

    3. 23.Powers of authorised person

    4. 24.Powers of entry and additional powers

    5. 25.Warrant

    6. 26.Notices served by an authorised person

    7. 27.Power to share information for enforcement purposes

  7. PART 6 Consequential amendments

    1. 28.Consequential amendments

  8. PART 7 Revocations and saving and transitional provisions

    1. 29.Revocations

    2. 30.Saving provisions

    3. 31.Small quantities transitional provision

  9. Signature

    1. SCHEDULE 1

      Animal by-product requirements

    2. SCHEDULE 2

      Consequential amendments

      1. The Animal By-Products (Identification) Regulations 1995

        1. 1.The Animal By-Products (Identification) Regulations 1995 are amended as follows....

        2. 2.In regulation 2(1) (interpretation)— (a) omit the definition of “the...

        3. 3.In regulation 4 (scope), omit “the 2003 Regulations or”.

        4. 4.In regulation 5(2) (exemptions)— (a) in sub-paragraph (c), for “the...

        5. 5.In regulation 9(3) (storage and packaging of animal by-products)—

      2. The Products of Animal Origin (Import and Export) Regulations 1996

        1. 6.The Products of Animal Origin (Import and Export) Regulations 1996...

        2. 7.In regulation 1(2) (interpretation)— (a) omit the definition of “Directive...

        3. 8.In regulation 10 (exports to other member states)—

        4. 9.In regulation 11(1) (registration of certain establishments which produce, process...

        5. 10.In regulation 12(1) (notification of certain establishments which supply or...

        6. 11.In Schedule 1 (amendments to directives), in paragraph 3, omit...

        7. 12.In Schedule 3 (community measures relevant to intra-community trade)—

      3. The Pollution Prevention and Control (Scotland) Regulations 2000

        1. 13.The Pollution Prevention and Control (Scotland) Regulations 2000 are amended...

        2. 14.In Part1 (activities) of Schedule1 (activities and installations and mobile...

      4. The Rendering (Fluid Treatment) (Scotland) Order 2001

        1. 15.The Rendering (Fluid Treatment) (Scotland) Order 2001 is amended as...

        2. 16.In article2 (interpretation), in the definition of “animal by-product”, for...

      5. The Older Cattle (Disposal) (Scotland) Regulations 2006

        1. 17.The Older Cattle (Disposal) (Scotland) Regulations 2006 are amended as...

        2. 18.In regulation2 (interpretation), in the definition of “rendering plant”, for...

      6. The Foot-and-Mouth Disease (Scotland) Order 2006

        1. 19.The Foot-and-Mouth Disease (Scotland) Order 2006 is amended as follows....

        2. 20.In article2 (interpretation)— (a) in the definition of “dispose”, for...

        3. 21.In article25(2)(b) (slaughter: control of faecal material), for “point 5...

        4. 22.In article26(2)(c) (slaughter: isolation of things liable to spread disease)...

        5. 23.In Schedule4 (measures applicable in protection zones and surveillance zones)—...

        6. 24.In Schedule5 (treatment of products to ensure the destruction of...

      7. The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006

        1. 25.The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 are...

        2. 26.In regulation2 (interpretation)— (a) in the definition of “dispose”, for...

        3. 27.In Part3 (products other than fresh meat) of the Schedule...

      8. The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007

        1. 28.The Products of Animal Origin (Third Country Imports) (Scotland) Regulations...

        2. 29.In regulation2 (interpretation)— (a) omit the definition of “Regulation (EC)...

        3. 30.In regulation4 (exemption for authorised products and personal imports)—

        4. 31.In regulation5(1)(a) (enforcement authorities and exchange of information), for “1774/2002”...

        5. 32.In regulation6(1)(a) (appointment of official veterinary surgeons and official fish...

        6. 33.In regulation21 (products which fail veterinary checks)—

        7. 34.In regulation22 (treatment as animal by-products)— (a) in paragraph(1) for...

        8. 35.In regulation24(4) (consignments and products illegally brought in), for “1774/2002”...

        9. 36.In regulation43(1)(b) (disposal of returned transit products), for “1774/2002” substitute...

        10. 37.In Schedule1 (import conditions), in PartVIII (miscellaneous products)—

      9. The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007

        1. 38.The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007...

        2. 39.In article2 (interpretation)— (a) in the definition of “bird by...

        3. 40.In article13(1)(c) (designation of premises to which things may be...

        4. 41.In Schedule1 (measures applicable in respect of a wild bird...

      10. The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007

        1. 42.The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007 is...

        2. 43.In article2 (interpretation)— (a) in the definition of “bird by-product”...

        3. 44.In article3(6)(c) (licences, notices and designations under this Order), for...

        4. 45.In article14 (restrictions on the movement of bird by-products)—

      11. The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007

        1. 46.The Animals and Animal Products (Import and Export) (Scotland) Regulations...

        2. 47.In Part1 (legislation in relation to intra-Community trade) of Schedule3...

      12. The Zoonoses and Animal By-Products (Fees) (Scotland) Regulations 2009

        1. 48.The Zoonoses and Animal By-Products (Fees) (Scotland) Regulations 2009 are...

        2. 49.In regulation2 (interpretation), omit the definition of “the 2003 Regulations”....

        3. 50.In the Schedule, wherever it appears, omit “regulation21 of the...

      13. The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

        1. 51.The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 are amended as...

        2. 52.In regulation2 (interpretation)— (a) omit the definition of “Regulation (EC)...

        3. 53.In regulation4(2) (exception for research), for “1774/2002” substitute “1069/2009”.

        4. 54.In Schedule1, omit paragraph(b).

        5. 55.In paragraph14(2)(b)(i) of Schedule2 (TSE sampling of sheep, goats and...

        6. 56.In Schedule6 (feedingstuffs)— (a) in paragraph3 (exceptions)—

    3. SCHEDULE 3

      Revocations

  11. Explanatory Note