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

Regulation 17

SCHEDULE 1 S Animal by-product requirements

Commencement Information

I1 Sch. 1 in force at 4.3.2011, see reg. 1(1)

Column 1	Column 2	Column 3
Subject matter of requirement	Provision(s) containing the basic requirement	Provisions to be read with the provision(s) mentioned in column 2
1. General Obligation	Article 4(1) or (2) of the EU Control Regulation	Article 5(1) and (2) of the EU Control Regulation as read with Article 3 of the EU Implementing Regulation (end point in the manufacturing chain for certain derived products)
2. Compliance with general animal health restrictions	Article 6(1) of the EU Control Regulation	Article 6(1) of the EU Control Regulation and Article 4 of the EU Implementing Regulation (serious transmissible diseases)
3. Compliance with restrictions on use for feeding purposes	Article 11 of the EU Control Regulation	Regulations 4 [F1 and 5] (access of farmed animals to animal by-products) and 7(2) of these Regulations (subject to regulation 7(3)) (additional waiting period for pigs)
		Article 11(2) of the EU Control Regulation as read with Article 5(1) of the EU Implementing Regulation (restrictions on use in respect of Article 11(1)(a) of the EU Control Regulation); and Article 5(2) of that Regulation (restrictions on use in respect of Article 11(1)(c) of the EU Control Regulation)
[F2 3A. Restrictions on carcases	Articles 12, 13 and 21(1) of the EU Control Regulation	Regulation 6 of these Regulations (restrictions on access to carcases)]
4. Disposal and use of Category 1 material	Article 12 of the EU Control Regulation as read with the following provisions of Article 16 (derogations) of that Regulation:—	Article 15(1)(b) of the EU Control Regulation as read with Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments) and Article 9(b) of that Regulation (standard processing methods)
	Article 16(b) (disposal in accordance with Article 17); Article 16(c) (disposal in accordance with Article 18(2)); Article 16(d) (disposal in accordance with Article 19); Article 16(e) (disposal in accordance with Article 20); and Article 7 of the EU Implementing Regulation	Article 15(1)(d) of the EU Control Regulation as read with Article 6(3) to (5) of the EU Implementing Regulation (disposal by incineration in respect of Article 12(a) or (b) of the EU Control Regulation)
		Article 17(2) of the EU Control Regulation as read with Article 11(2) of the EU Implementing Regulation (special rules on research and diagnostic samples) and Article 12(2) (special rules on trade samples and display items) of that Regulation
		Article 19(4) of the EU Control Regulation as read with Article 15 of the EU Implementing Regulation (collection, transport and disposal)
		Article 20(11) of the EU Control Regulation as read with Article 9(c) of the EU Implementing Regulation (alternative processing methods)
5. Disposal and use of Category 2 material	Article 13 of the EU Control Regulation, as read with—	Article 15(1)(b) of the EU Control Regulation as read with Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments) and Article 9(b) of that Regulation (standard processing methods);
	Article 15(2)(b) of the
	EU Control
	Regulation and the following provisions of Article 16 (derogations) of that Regulation:— Article 16(b) (disposal in accordance with Article 17); Article 16(c) (disposal in accordance with Article 18(1)); Article 16(d) (disposal in accordance with Article 19); Article 16(e) (disposal in accordance with Article 20); Article 16(f) (disposal and use for the preparation and application of bio-dynamic preparations); and Article 16(h) (disposal and use of as a result of surgery on a farm)	Article 15(1)(c) of the EU Control Regulation as read with Article 10(1) of the EU Implementing Regulation (requirements regarding transformation into biogas and composting in respect of Article 13(e) or (f) of the EU Control Regulation)
		Article 15(1)(d) of the EU Control Regulation as read with Article 6(3) to (5) of the EU Implementing Regulation (disposal by incineration in respect of Article 13(a) or (b) of the EU Control Regulation)
		Article 17(2) of the EU Control Regulation as read with Article 11(2) of the EU Implementing Regulation (special rules on research and diagnostic samples) and Article 12(2) (special rules on trade samples and display items) of that Regulation
		Article 18(3) of the EU Control Regulation as read with Article 13(1) of the EU Implementing Regulation (special feeding rules) as read with regulation 8 of these Regulations (collection centres for feeding in relation to Article 18(1) of the EU Control Regulation)
		Article 19(4) of the EU Control Regulation as read with Article 15 of the EU Implementing Regulation (collection, transport and disposal)
		Article 20(11) of the EU Control Regulation as read with Article 9(c) of the EU Implementing Regulation (alternative processing methods)
6. Disposal and use of Category 3 material	Article 14 of the EU Control Regulation, as read with the following provisions of Article 16 (derogations) of that Regulation—	Article 15(1)(b) of the EU Control Regulation as read with Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments) and Article 9(b) of that Regulation (standard processing methods)
		Article 15(1)(c) of the EU Control Regulation as read with Article 10(1) of the EU Implementing Regulation (requirements regarding transformation into biogas and composting in respect of Article 14(f) or (g) of the EU Control Regulation)
	Article 16(b) (disposal
	and use in accordance with Article 17); Article 16(c) (disposal and use in accordance
	with Article 18(1));
	Article 16(d), (disposal and use in accordance with Article 19); Article 16(e) (disposal and use in accordance with Article 20); Article 16(f) (disposal and use for the preparation and application of bio-dynamic preparations); and Article 16(h) (disposal	Article 15(1)(d) of the EU Control Regulation as read with Article 6(3) to (5) of the EU Implementing Regulation (disposal by incineration in respect of Article 14(a) or (b) of the EU Control Regulation)
		Article 17(2) of the EU Control Regulation as read with Article 11(2) of the EU Implementing Regulation (special rules on research and diagnostic samples) and Article 12(2) (special rules on trade samples and display items) of that Regulation
	and use of as a result
	of surgery on a farm)	Article 18(3) of the EU Control Regulation as
		read with Article 13(2) of the EU Implementing
	Article 7 of the EU	Regulation (special feeding rules)
	Implementing
	Regulation	Article 19(4) of the EU Control Regulation as
		read with Article 15 of the EU Implementing Regulation (collection, transport and disposal)
		Article 20(11) of the EU Control Regulation as read with Article 9(c) of the EU Implementing Regulation (alternative processing methods)
		Article 36(3) of the EU Implementing Regulation (transitional measures) as read with regulation 31 of these Regulations (small quantities transitional provision)
7. Collection and identification as regards category and transport	Article 21(1) to (4) of the EU Control Regulation	Article 21(5) and (6) of the EU Control Regulation as read with Article 17 of the EU Implementing Regulation (requirements of collection, transport, identification and traceability)
8. Traceability	Article 22(1) and (2) of the EU Control Regulation	Article 22(3) of the EU Control Regulation; Article 17 of the EU Implementing Regulation (requirements of collection, transport, identification and traceability)
9. Registration of operators, establishments and plants	Article 23(1) of the EU Control Regulation (subject to Article 23(4)); and Article 23(2) of that Regulation as read with Article 55 of that Regulation	Regulation 11 of these Regulations (procedure for registration)
		Article 23(3) and Article 27 of the EU Control Regulation as read with Article 20(1) and (2) (subject to paragraph (3)) of the EU Implementing Regulation (requirements of certain registered establishments and plants)
		Article 47(2) of the EU Control Regulation as read with Article 32(7) of the EU Implementing Regulation (format requirements for lists of registered operators)
10. Approval of establishments and plants	Article 24 of the EU Control Regulation as read with Article 44(3) of the EU Control Regulation as read with Article 55 of that Regulation	Regulation 13 of these Regulations (procedure for approval)
		Article 27 (implementing measures) of the EU Control Regulation as read with Article 19 of the EU Implementing Regulation (requirements concerning certain approved establishments and plants) and Article 33 of that Regulation (re-approval of plants and establishments after the grant of a temporary approval)
		Article 47(2) of the EU Control Regulation as read with Article 32(7) of the EU Implementing Regulation (format requirements for lists of registered operators)
11. General hygiene requirements	Article 25 of the EU Control Regulation	Article 27 of the EU Control Regulation as read with Article 9(a) of the EU Implementing Regulation (hygiene and processing requirements) and Article 19 of that Regulation (requirements in relation to certain approved plants in Article 24 of the EU Control Regulation) and Article 20 of that Regulation (requirements in relation to certain registered plants)
12. Handling of animal by-products within food businesses	Article 26 of the EU Control Regulation
13. Own checks	Article 28 of the EU Control Regulation
14. Hazard analysis and critical control points	Article 29(1) to (3) of the EU Control Regulation
15. Placing on the market animal by-products and derived products for feeding to farmed animals excluding fur animals	Article 31(1) of the EU Control Regulation	Article 31(2) of the EU Control Regulation as read with Article 21 of the EU Implementing Regulation (placing on the market for feeding to farmed animals) and Article 24(2) (petfood and other derived products) of that Regulation
16. Placing on the market and use of organic fertilisers and soil improvers	Article 32(1) and (2) of the EU Control Regulation	Regulation 7(1) of these Regulations (subject to regulation 7(3)) (application of fertilisers)
		Article 32(3) of the EU Control Regulation as read with Article 22(1) to (3) of the EU Implementing Regulation (placing on the market of fertilisers)
		Article 36(1) of the EU Implementing Regulation (transitional measures)
17. Collection and movement for manufacture of derived products	Article 34 of the EU Control Regulation (manufacture) except insofar as that relates to import	Article 33 of the EU Control Regulation and Article 23 of the EU Implementing Regulation (intermediate products)
18. Compliance with prohibition on use for manufacture for products not within	Article 24(1) of the EU Implementing Regulation	Article 33 of the EU Control Regulation (placing on the market of certain derived products regulated by Community legislation)
Article 33 or 36 of the EU Control Regulation		Article 36 of that Regulation (placing on the market of other derived products)
19. Placing on the market of pet food	Article 35 of the EU Control Regulation	Article 5(2) of the EU Control Regulation as read with Article 3 of the EU Implementing Regulation (end point in the manufacturing chain)
		Article 40 of the EU Control Regulation as read with Article 24(3) of the EU Implementing Regulation (petfood and other derived products)
20. Placing on the market of other derived products	Article 36 of the EU Control Regulation	Regulation 10 of these Regulations (placing on the market)
		Article 5(2) of the EU Control Regulation as read with Article 3 of the EU Implementing Regulation (end point in the manufacturing chain)
		Article 40 of the EU Control Regulation as read with Article 24(1), (2) and (4) of the EU Implementing Regulation (petfood and other derived products)
21. Safe sourcing	Article 37(2) of the EU Control Regulation
22. Export	Article 43 of the EU Control Regulation
23. Controls for dispatch to other Member States	Article 48(1), (4) and (5), as read with Article 48(6), of the EU Control Regulation	Article 48(7) of the EU Control Regulation as read with Article 11(3) of the EU Implementing Regulation (special rules on research and diagnostic samples), Article 12(3) of that Regulation (special rules on trade samples and display items) and Article 31 of that Regulation (models of health certificates and declarations for importation and transit)

Textual Amendments

F1 Words in sch. 1 entry 3 substituted (1.7.2012) by The Animal By-Products (Miscellaneous Amendments) (Scotland) Regulations 2012 (S.S.I. 2012/179), regs. 1, 2(4)(a)

F2 Sch. 1 entry 3A inserted (1.7.2012) by The Animal By-Products (Miscellaneous Amendments) (Scotland) Regulations 2012 (S.S.I. 2012/179), regs. 1, 2(4)(b)

Regulation 28

SCHEDULE 2 S Consequential amendments

The Animal By-Products (Identification) Regulations 1995 S

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

Commencement Information

I2 Sch. 2 para. 1 in force at 4.3.2011, see reg. 1(1)

2.  In regulation 2(1) (interpretation)— S

(a) omit the definition of “the 2003 Regulations”;

(b) in the definition of “approved incineration plant”, for “regulation 14 of the 2003 Regulations” substitute “Articles 24 and 44 of the Community Regulation”;

(c) in the definition of “approved rendering plant”, for “regulation 14 of the 2003 Regulations” substitute “Articles 24 and 44 of the Community Regulation”; and

(d) for the definition of “the Community Regulation” substitute ““the Community 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)(2);”.

Commencement Information

I3 Sch. 2 para. 2 in force at 4.3.2011, see reg. 1(1)

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

Commencement Information

I4 Sch. 2 para. 3 in force at 4.3.2011, see reg. 1(1)

4.  In regulation 5(2) (exemptions)— S

(a) in sub-paragraph (c), for “the 2003 Regulations” substitute “Articles 13, 16, 17, 18 and 19 of the Community Regulation”; and

(b) in sub-paragraph (d), for “the 2003 Regulations” substitute “Articles 12, 13, 14 and 17 of the Community Regulation”.

Commencement Information

I5 Sch. 2 para. 4 in force at 4.3.2011, see reg. 1(1)

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

(a) in sub-paragraph (d), for “2.1(c)”, substitute “9”; and

(b) in sub-paragraph (e), for “2.1(d)”, substitute “10”.

Commencement Information

I6 Sch. 2 para. 5 in force at 4.3.2011, see reg. 1(1)

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

6.  The Products of Animal Origin (Import and Export) Regulations 1996(3) are amended as follows. S

Commencement Information

I7 Sch. 2 para. 6 in force at 4.3.2011, see reg. 1(1)

7.  In regulation 1(2) (interpretation)— S

(a) omit the definition of “Directive 90/667”;

(b) in the definition of “product of animal origin”, for “Directive 90/667” substitute “Regulation (EC) No 1069/2009 and Regulation (EU) No 142/2011”; and

(c) after the definition of “Regulation 1274/91” insert—

““Regulation (EC) No 1069/2009” 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 Regulations (EC) No 1774/2002 (Animal by-products Regulation);

“Regulation (EU) No 142/2011” means Commission Regulation (EU) No 142/2011 implementing Regulation (EU) 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;”.

Commencement Information

I8 Sch. 2 para. 7 in force at 4.3.2011, see reg. 1(1)

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

(a) after each reference to “Directive 92/118” insert “or Regulation (EC) No 1069/2009 or Regulation (EU) No 142/2011”; and

(b) in paragraph (1)(a)(i), after “provisions” insert “of any”.

Commencement Information

I9 Sch. 2 para. 8 in force at 4.3.2011, see reg. 1(1)

9.  In regulation 11(1) (registration of certain establishments which produce, process or store products of animal origin)— S

(a) after each reference to “Directive 92/118” insert “or Regulation (EC) No 1069/2009 or Regulation (EU) No 142/2011”; and

(b) for “15 of Schedule 3, under Directive 90/667” substitute “16 of Schedule 3”.

Commencement Information

I10 Sch. 2 para. 9 in force at 4.3.2011, see reg. 1(1)

10.  In regulation 12(1) (notification of certain establishments which supply or store products of animal origin)— S

(a) after each reference to “Directive 92/118” insert “or Regulation (EC) No 1069/2009 or Regulation (EU) No 142/2011”; and

(b) in sub-paragraph (a), for “15 of Schedule 3, under Directive 90/667” substitute “16 of Schedule 3”.

Commencement Information

I11 Sch. 2 para. 10 in force at 4.3.2011, see reg. 1(1)

11.  In Schedule 1 (amendments to directives), in paragraph 3, omit “Council Directive 90/667/EEC (OJ No. L 363, 27.12.90, p.51);”. S

Commencement Information

I12 Sch. 2 para. 11 in force at 4.3.2011, see reg. 1(1)

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

(a) at the end of the heading to paragraph 12, insert “and also not subject to Regulation (EC) No 1069/2009 and Regulation (EU) No 142/2011”; and

(b) after paragraph 15 (wild game), insert—

“Animal by-products

16.   Regulation (EC) No 1069/2009 and Regulation (EU) No 142/2011.”.

Commencement Information

I13 Sch. 2 para. 12 in force at 4.3.2011, see reg. 1(1)

The Pollution Prevention and Control (Scotland) Regulations 2000 S

F3 13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F3 Sch. 2 para. 13 revoked (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), sch. 12 (with reg. 71)

F4 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F4 Sch. 2 para. 14 revoked (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), sch. 12 (with reg. 71)

The Rendering (Fluid Treatment) (Scotland) Order 2001 S

15.  The Rendering (Fluid Treatment) (Scotland) Order 2001(4) is amended as follows. S

Commencement Information

I14 Sch. 2 para. 15 in force at 4.3.2011, see reg. 1(1)

16.  In article 2 (interpretation), in the definition of “animal by-product”, for “Regulation (EC) No. 1774/2002 laying down health rules concerning animal by-products not intended for human consumption” substitute “Article 3(1) of 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);”. S

Commencement Information

I15 Sch. 2 para. 16 in force at 4.3.2011, see reg. 1(1)

The Older Cattle (Disposal) (Scotland) Regulations 2006 S

17.  The Older Cattle (Disposal) (Scotland) Regulations 2006(5) are amended as follows. S

Commencement Information

I16 Sch. 2 para. 17 in force at 4.3.2011, see reg. 1(1)

18.  In regulation 2 (interpretation), in the definition of “rendering plant”, for “processing plant as defined in Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by products not intended for human consumption”, substitute “within the meaning of paragraph 58 of Annex I 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 boarder under that Directive”. S

Commencement Information

I17 Sch. 2 para. 18 in force at 4.3.2011, see reg. 1(1)

The Foot-and-Mouth Disease (Scotland) Order 2006 S

19.  The Foot-and-Mouth Disease (Scotland) Order 2006(6) is amended as follows. S

Commencement Information

I18 Sch. 2 para. 19 in force at 4.3.2011, see reg. 1(1)

20.  In article 2 (interpretation)— S

(a) in the definition of “dispose”, for “1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption and the Animal By-Products (Scotland) Regulations 2003”, substitute “Regulation (EC) No 1069/2009 and Regulation (EU) No 142/2011”; and

(b) after the definition of “raw milk”, insert—

““Regulation (EC) No 1069/2009” 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);

“Regulation (EU) No 142/2011” means Commission 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;”.

Commencement Information

I19 Sch. 2 para. 20 in force at 4.3.2011, see reg. 1(1)

21.  In article 25(2)(b) (slaughter: control of faecal material), for “point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption, as amended”, substitute “Articles 15 and 32 of Regulation (EC) No 1069/2009 and Articles 10 and 22 of Regulation (EU) No 142/2011”. S

Commencement Information

I20 Sch. 2 para. 21 in force at 4.3.2011, see reg. 1(1)

22.  In article 26(2)(c) (slaughter: isolation of things liable to spread disease) for “1774/2002” substitute “1069/2009”. S

Commencement Information

I21 Sch. 2 para. 22 in force at 4.3.2011, see reg. 1(1)

23.  In Schedule 4 (measures applicable in protection zones and surveillance zones)— S

(a) in paragraph 20(4) (transport, treatment and spreading of dung and manure produced in a protection zone) for “point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “Articles 15 and 32 of Regulation (EC) No 1069/2009 and Articles 10 and 22 of Regulation (EU) No 142/2011”; and

(b) in paragraph 33(4) (transport, treatment and spreading of dung and manure produced in a surveillance zone), for “point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “Articles 15 and 32 of Regulation (EC) No 1069/2009 and Articles 10 and 22 of Regulation (EU) No 142/2011”.

Commencement Information

I22 Sch. 2 para. 23 in force at 4.3.2011, see reg. 1(1)

24.  In Schedule 5 (treatment of products to ensure the destruction of disease virus)— S

(a) in paragraph 2 (hides and skins), for “article 20 of and points A(2)(c) or (d) of Chapter VI of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “Article 35 of Regulation (EC) No 1069/2009 and point 28(c) and (d) of Regulation (EU) No 142/2011”;

(b) in paragraph 3 (wool, ruminant hair and pig bristles), for “article 20 of and point A(1) of Chapter VIII to Regulation (EC) No. 1774/2002, as amended” substitute “Article 36 of Regulation (EC) No 1069/2009 and Article 24(4) of Regulation (EU) No 142/2011”;

(c) in paragraph 5 (blood and blood products), for “point B(3)(e)(ii) of Chapter IV of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “point 2(b)(ii) of Chapter IV of Annex XIII to Regulation (EU) No 142/2011”;

(d) in paragraph 6 (lard and rendered fats), for “point B(2)(d)(iv) of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002, as amended” substitute “section 3(d) of Chapter 1 of Annex XIV to Regulation (EU) No 142/2011”;

(e) in paragraph 7 (petfood and dog chews), for “points B(2), (3) or (4) of Chapter II of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “Chapter II of Annex XIII to Regulation (EU) No 142/2011”; and

(f) in paragraph 8 (game trophies of ungulates), for “points A(1), (3) or (4) of Chapter VII of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “Chapter VI of Annex XIII to Regulation (EU) No 142/2011”.

Commencement Information

I23 Sch. 2 para. 24 in force at 4.3.2011, see reg. 1(1)

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

25.  The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006(7) are amended as follows. S

Commencement Information

I24 Sch. 2 para. 25 in force at 4.3.2011, see reg. 1(1)

26.  In regulation 2 (interpretation)— S

(a) in the definition of “dispose”, for “1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption and the Animal By-Products (Scotland) Regulations 2003” substitute “Regulation (EC) No 1069/2009 and Regulation (EU) No 142/2011”; and

(b) after the definition of “reactor premises” insert—

““Regulation (EC) No 1069/2009” 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);

“Regulation (EU) No 142/2011” means Commission 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;”.

Commencement Information

I25 Sch. 2 para. 26 in force at 4.3.2011, see reg. 1(1)

27.  In Part 3 (products other than fresh meat) of the Schedule (measures applicable in respect of a vaccination zone), in paragraph 18 (transport, treatment and distribution of dung and manure) for “point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “Articles 15 and 32 of Regulation (EC) No 1069/2009 and Articles 10 and 22 of Regulation (EU) No 142/2011”. S

Commencement Information

I26 Sch. 2 para. 27 in force at 4.3.2011, see reg. 1(1)

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

28.  The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007(8) are amended as follows. S

Commencement Information

I27 Sch. 2 para. 28 in force at 4.3.2011, see reg. 1(1)

29.  In regulation 2 (interpretation)— S

(a) omit the definition of “Regulation (EC) No. 1774/2002”; and

(b) after the definition of “Regulation (EC) No 136/2004” insert—

““Regulation (EC) No 1069/2009” 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);

“Regulation (EU) No 142/2011” means Commission 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;”.

Commencement Information

I28 Sch. 2 para. 29 in force at 4.3.2011, see reg. 1(1)

30.  In regulation 4 (exemption for authorised products and personal imports)— S

(a) in paragraph (1), at the end, insert “other than products to which Article 17 of Regulation (EC) No 1069/2009 and Articles 11(2) and 12(2) of Regulation (EU) No 142/2011 apply”;

(b) in paragraph (4)(b), for “Regulation (EC) No. 1774/2002 and the Animal By-Products (Scotland) Regulations 2003”, substitute “Regulation (EC) No 1069/2009, Regulation (EU) No 142/2011 and the Animal By-Products (Enforcement) (Scotland) Regulations 2011”; and

(c) in paragraph (5)(b), for “1774/2002” substitute “1069/2009”.

Commencement Information

I29 Sch. 2 para. 30 in force at 4.3.2011, see reg. 1(1)

31.  In regulation 5(1)(a) (enforcement authorities and exchange of information), for “1774/2002” substitute “1069/2009”. S

Commencement Information

I30 Sch. 2 para. 31 in force at 4.3.2011, see reg. 1(1)

32.  In regulation 6(1)(a) (appointment of official veterinary surgeons and official fish inspectors), for “1774/2002”, substitute “1069/2009”. S

Commencement Information

I31 Sch. 2 para. 32 in force at 4.3.2011, see reg. 1(1)

33.  In regulation 21 (products which fail veterinary checks)— S

(a) in paragraph (3)(b), for “1774/2002” substitute “1069/2009”; and

(b) in paragraph (5)(b), for “1774/2002” substitute “1069/2009”.

Commencement Information

I32 Sch. 2 para. 33 in force at 4.3.2011, see reg. 1(1)

34.  In regulation 22 (treatment as animal by-products)— S

(a) in paragraph (1) for “regulation 26 of the Animal By-Products (Scotland) Regulations 2003” substitute “Articles 17 and 18 of Regulation (EC) No 1069/2009 and Articles 11(2), 12(2) and 14 of Regulation (EU) No 142/2011”; and

(b) in paragraph (3), for “regulation 26 of the Animal By-Products (Scotland) Regulations 2003” substitute “Articles 17 and 18 of Regulation (EC) No 1069/2009”.

Commencement Information

I33 Sch. 2 para. 34 in force at 4.3.2011, see reg. 1(1)

35.  In regulation 24(4) (consignments and products illegally brought in), for “1774/2002” substitute “1069/2009”. S

Commencement Information

I34 Sch. 2 para. 35 in force at 4.3.2011, see reg. 1(1)

36.  In regulation 43(1)(b) (disposal of returned transit products), for “1774/2002” substitute “1069/2009”. S

Commencement Information

I35 Sch. 2 para. 36 in force at 4.3.2011, see reg. 1(1)

37.  In Schedule 1 (import conditions), in Part VIII (miscellaneous products)— S

(a) for paragraph 13 substitute—

“13.   Regulation (EC) No 1069/2009 and Regulation (EU) No 142/2011”; and

(b) omit paragraphs 14, 15 and 16.

Commencement Information

I36 Sch. 2 para. 37 in force at 4.3.2011, see reg. 1(1)

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

38.  The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007(9) is amended as follows. S

Commencement Information

I37 Sch. 2 para. 38 in force at 4.3.2011, see reg. 1(1)

39.  In article 2 (interpretation)— S

(a) in the definition of “bird by product” for “Articles 4, 5 or 6 of Regulation (EC) No. 1774/2002” substitute “Article 8, 9 or 10 of Regulation (EC) No 1069/2009”; and

(b) for the definition of “Regulation (EC) No. 1774/2002” substitute—

““Regulation (EC) No 1069/2009” 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);

“Regulation (EU) No 142/2011” means Commission 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;”.

Commencement Information

I38 Sch. 2 para. 39 in force at 4.3.2011, see reg. 1(1)

40.  In article 13(1)(c) (designation of premises to which things may be moved), for “regulation 14 (approval of premises) of the Animal By-Products (Scotland) Regulations 2003” substitute “Articles 24 and 44 of Regulation (EC) No 1069/2009”. S

Commencement Information

I39 Sch. 2 para. 40 in force at 4.3.2011, see reg. 1(1)

41.  In Schedule 1 (measures applicable in respect of a wild bird control area)— S

(a) in paragraph 13 (restriction on the movement of bird by products or products derived from bird by products from premises in a wild bird control area)—

(i) for sub-paragraph (2), substitute—

“(2) A veterinary inspector may not grant or direct the grant of a licence under sub paragraph (1) unless it is for a movement of—

(a) processed animal protein within the meaning of paragraph 5 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 1 of Chapter II of Annex X to that Regulation;

(b) blood products within the meaning of paragraph 4 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of paragraph B of Section 2 of Chapter II of Annex X to that Regulation;

(c) rendered fats within the meaning of paragraph 8 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of paragraph B of Section 3 of Section II of Annex X to that Regulation;

(d) gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;

(e) hydrolysed protein within the meaning of paragraph 14 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;

(f) dicalcium phosphate which complies with the requirements of paragraph B of Section 6 of Chapter II of Annex X to Regulation (EU) No 142/2011;

(g) tricalcium phosphate which complies with the requirements of paragraph B of Section 7 of Chapter II of Annex X to Regulation (EU) No 142/2011;

(h) collagen within the meaning of paragraph 11 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 8 of Chapter II of Annex X to that Regulation;

(i) egg products which comply with the requirements of paragraph B of Section 9 of Chapter II of Annex X to Regulation (EU) No 142/2011;

(j) processed petfood within the meaning of paragraph 20 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of Chapter II of Annex XIII to that Regulation;

(k) dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of Chapter II of Annex XIII to that Regulation;

(l) processed manure and processed manure products which comply with, the requirements of Section 2 of Chapter I of Annex XI to Regulation (EU) No 142/2011;

(m) game trophies of birds having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures within the meaning of Chapter VI of Annex XIII to Regulation (EU) No 142/2011;

(n) those by-products which are transported to designated incineration plants, processing plants, oleochemical plants, biogas and composting plants, petfood plants or technical plants for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;

(o) those by-products which are transported to users or collection centres authorised and registered in accordance with Articles 24 and 44 of Regulation (EC) No 1069/2009 for the feeding of animals after they have been treated by a method approved by the competent authority which ensures inactivation of the avian influenza virus;

(p) untreated feathers or parts of untreated feathers produced from poultry within the meaning of paragraph 30 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation; or

(q) poultry feathers, feathers from wild game bird or parts of such feathers which have been treated with a steam current or by another method which ensures inactivation of the avian influenza virus.”; and

(ii) in sub-paragraph (5) for “Chapter X of Annex II to Regulation (EC) No. 1774/2002” substitute “Chapter III of Annex VIII to Regulation (EU) No 142/2011”;

(b) in paragraph 14(a) (prohibition on movement of poultry manure) for “1774/2002” substitute “1069/2009 and Section 2 of Chapter I of Annex XI to Regulation (EU) No 142/2011”; and

(c) in paragraph 15(a) (prohibition on the spread of poultry manure) for “1774/2202” substitute “1069/2009 and Section 2 of Chapter I of Annex XI to Regulation (EU) No 142/2011”.

Commencement Information

I40 Sch. 2 para. 41 in force at 4.3.2011, see reg. 1(1)

The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007 S

42.  The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007(10) is amended as follows. S

Commencement Information

I41 Sch. 2 para. 42 in force at 4.3.2011, see reg. 1(1)

43.  In article 2 (interpretation)— S

(a) in the definition of “bird by-product” for “Articles 4, 5 or 6 of Regulation (EC) No. 1774/2002” substitute “Article 8, 9 or 10 of Regulation (EC) No 1069/2009”; and

(b) for the definition of “Regulation (EC) No. 1774/2002”, substitute—

““Regulation (EC) No 1069/2009” 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);

“Regulation (EU) No 142/2011” means Commission 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;”.

Commencement Information

I42 Sch. 2 para. 43 in force at 4.3.2011, see reg. 1(1)

44.  In article 3(6)(c) (licences, notices and designations under this Order), for “regulation 14 of the Animal By-Products (Scotland) Regulations 2003” substitute “Articles 24 and 44 of Regulation (EC) No 1069/2009”. S

Commencement Information

I43 Sch. 2 para. 44 in force at 4.3.2011, see reg. 1(1)

45.  In article 14 (restrictions on the movement of bird by-products)— S

(a) for paragraph (2) substitute—

“(2) But a veterinary inspector or an inspector acting under the direction of a veterinary inspector may license the movement of any of the following bird by-products:—

(a) processed animal protein within the meaning of paragraph 5 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 1 of Chapter II of Annex X to that Regulation;

(b) blood products within the meaning of paragraph 4 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of paragraph B of Section 2 of Chapter II of Annex X to that Regulation;

(c) rendered fats within the meaning of paragraph 8 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of paragraph B of Section 3 of Section II of Annex X to that Regulation;

(d) gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;

(e) hydrolysed protein within the meaning of paragraph 14 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;

(f) dicalcium phosphate which complies with the requirements of paragraph B of Section 6 of Chapter II of Annex X to Regulation (EU) No 142/2011;

(g) tricalcium phosphate which complies with the requirements of paragraph B of Section 7 of Chapter II of Annex X to Regulation (EU) No 142/2011;

(h) collagen within the meaning of paragraph 11 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 8 of Chapter II of Annex X to that Regulation;

(i) egg products which comply with the requirements of paragraph B of Section 9 of Chapter II of Annex X to Regulation (EU) No 142/2011;

(j) processed petfood within the meaning of paragraph 20 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of Chapter II of Annex XIII to that Regulation;

(k) dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of Chapter II of Annex XIII to that Regulation;

(l) processed manure and processed manure products which comply with, the requirements of Section 2 of Chapter I of Annex XI to Regulation (EU) No 142/2011;

(m) by-products to a designated incineration plant, processing plant, oleochemical plant, biogas and composting plant, petfood plant or technical plant for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;

(n) by-products to users or collection centres authorised and registered in accordance with Articles 24 and 44 of Regulation (EC) No 1069/2009 for the feeding of animals after they have been treated by a method approved by the competent authority which ensures inactivation of the avian influenza virus;

(o) game trophies of birds having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures;

(p) poultry feathers or parts of such feathers which have been treated with a steam current or by another method which ensures inactivation of the avian influenza virus; or

(q) untreated feathers or parts of untreated feathers produced from poultry or wild game birds from a restricted zone within the meaning of paragraph 30 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation.”;

(b) in paragraph (3), for “Annex V to Regulation (EC) No. 1774/2002” substitute “Regulation (EC) No 1069/2009 and Annex IV to Regulation (EU) No 142/2011”; and

(c) in paragraph (4), for “Chapter X of Annex II to Regulation (EC) No. 1774/2002”, substitute “Chapter III of Annex VIII to Regulation (EU) No 142/2011”.

Commencement Information

I44 Sch. 2 para. 45 in force at 4.3.2011, see reg. 1(1)

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

46.  The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007(11) are amended as follows. S

Commencement Information

I45 Sch. 2 para. 46 in force at 4.3.2011, see reg. 1(1)

47.  In Part 1 (legislation in relation to intra-Community trade) of Schedule 3 (intra-Community trade: legislation and additional requirements), for paragraph 7 substitute— S

“Animal by-products

7.— (1) 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).

(2) Commission 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.”.

Commencement Information

I46 Sch. 2 para. 47 in force at 4.3.2011, see reg. 1(1)

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

F5 48.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F5 Sch. 2 paras. 48-50 revoked (24.6.2013) by The Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/151), reg. 1(2), sch. 7

F5 49.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F5 Sch. 2 paras. 48-50 revoked (24.6.2013) by The Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/151), reg. 1(2), sch. 7

F5 50.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F5 Sch. 2 paras. 48-50 revoked (24.6.2013) by The Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/151), reg. 1(2), sch. 7

The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 S

51.  The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010(12) are amended as follows. S

Commencement Information

I47 Sch. 2 para. 51 in force at 4.3.2011, see reg. 1(1)

52.  In regulation 2 (interpretation)— S

(a) omit the definition of “Regulation (EC) No. 1774/2002”; and

(b) before the definition of “slaughterhouse”, insert—

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

“Regulation (EU) No 142/2011” means Commission 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;”.

Commencement Information

I48 Sch. 2 para. 52 in force at 4.3.2011, see reg. 1(1)

53.  In regulation 4(2) (exception for research), for “1774/2002” substitute “1069/2009”. S

Commencement Information

I49 Sch. 2 para. 53 in force at 4.3.2011, see reg. 1(1)

54.  In Schedule 1, omit paragraph (b). S

Commencement Information

I50 Sch. 2 para. 54 in force at 4.3.2011, see reg. 1(1)

55.  In paragraph 14(2)(b)(i) of Schedule 2 (TSE sampling of sheep, goats and deer), for “the Animal By-Products (Scotland) Regulations 2003” substitute “Articles 24 and 44 of Regulation (EC) No 1069/2009”. S

Commencement Information

I51 Sch. 2 para. 55 in force at 4.3.2011, see reg. 1(1)

56.  In Schedule 6 (feedingstuffs)— S

(a) in paragraph 3 (exceptions)—

(i) for “Regulation (EC) No. 1774/2002 and the Animal By-Products (Scotland) Regulations 2003”, substitute “Articles 15 and 32 of Regulation (EC) No 1069/2009 and Articles 10 and 22 of Regulation (EU) No 142/2011”; and

(ii) for “regulation 11(1) of the Animal By-Products (Scotland) Regulations 2003”, substitute “Article 11(1) of Regulation (EC) No 1069/2009, Article 5(2) and Chapter II of Annex II to Regulation (EU) No 142/2011 and regulation 7 of the Animal By-Products (Enforcement) (Scotland) Regulations 2011”; and

(b) in paragraph 18(2), for “Regulation (EC) No. 1774/2002”, substitute “Article 43 of Regulation (EC) No 1069/2009 and Article 25 of Regulation (EC) No 142/2011”; and

(c) omit paragraph 19 (fertilisers).

Commencement Information

I52 Sch. 2 para. 56 in force at 4.3.2011, see reg. 1(1)

Regulation 29

SCHEDULE 3 S Revocations

Commencement Information

I53 Sch. 3 in force at 4.3.2011, see reg. 1(1)

Column 1 – instrument	Column 2 – citation	Column 3 – extent of revocation
The Animal By-Products (Scotland) Regulations 2003	S.S.I. 2003/411	The whole Regulations
The Food Hygiene (Scotland) Regulations 2006	S.S.I. 2006/3	Schedule 7 (consequential amendments), paragraph 44
The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006	S.S.I. 2006/530	Schedule 8 (miscellaneous amendments), paragraph 1(13)
The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007	S.S.I. 2007/1	Regulations 29-33 (the disposal and burial of unused on-board catering supplies and other material) and 71(f) (revocations)
The Animal By-Products (Scotland) Amendment Regulations 2009	S.S.I. 2009/7	The whole Regulations

(1)

S.I. 1995/614, relevantly amended by S.S.I. 2003/53 and 411 and 2006/3.

(2)

O.J. L 300, 14.11.2009, p.1, amended by Directive 2010/63/EU (O.J. L 276, 20.10.2010, p.33).

(3)

S.I. 1996/3124, relevantly amended by S.I. 1996/3000 and S.S.I. 2003/568.

(4)

S.S.I. 2001/189, relevantly amended by S.S.I. 2002/255, 2003/411 and 2010/177.

(5)

S.S.I. 2006/4.

(6)

S.S.I. 2006/44, relevantly amended by S.S.I. 2007/455.

(7)

S.S.I. 2006/45.

(8)

S.S.I. 2007/1, amended by S.S.I. 2007/304, 2009/228 and 2010/225.

(9)

S.S.I. 2007/61.

(10)

S.S.I. 2007/62.

(11)

S.S.I. 2007/194, relevantly amended by S.S.I. 2010/343.

(12)

S.S.I. 2010/177.

(13)

Regulation 23 of the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 (S.S.I. 2010/177) revoked S.S.I. 2006/530; however, regulation 22 of those regulations saved the miscellaneous amendment in Schedule 8, paragraph 1 of the revoked instrument.