The Animal By-Products (Amendment) Order 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the Animal By-Products Order 1992 (“the principal Order”)—

(1) article 3(1) of the principal Order (interpretation) is amended by excluding from the definition of “animal by-product” meat denatured at a knacker’s yard for use as food for animals whose flesh is not intended for human consumption (article 2(2));

(2) article 4 of the principal Order (scope) is amended by providing that the provisions of the Order shall not apply to specified bovine offal as defined in the Specified Bovine Offal Order 1995 (article 3);

(3) article 5(1) and article 6(1) of the principal Order (disposal of certain animal by-products) are amended by the addition of a requirement that disposal be effected without undue delay (articles 4(a) and 5(a));

(4) article 5(2) of the principal Order (exemptions from the requirements of article 5(1)) is amended (in implementation of the Community obligation in article 7(iii) of Council Directive 90/667/EEC (OJ No L 363, 27.12.90, p. 51)) by adding to the exemption for animal by-products referred to in paragraphs (a), (b) and (e) of Part I of Schedule 1 a proviso limiting the exemption to by-products derived from animals which were not slaughtered as a result of the presence or suspected presence of a notifiable disease (article 4(b));

(5) articles 5 and 6 of the principal Order are amended by adding provision for licences and approvals granted under the Order to be subject to conditions (articles 4(c) and 5(b));

(6) article 9(4) of the principal Order (registration of premises collecting or using animal by-products for petfood, technical or pharmaceutical products) is amended by providing that the obligation to register premises is subject to article 9(6) (which relates to premises in respect of which specified provisions are not being complied with) (article 6);

(7) article 10(4) of the principal Order (registration of premises used for the feeding of animal by-products to zoo, circus or fur animals, recognized packs of hounds and maggot farming for fishing bait) is amended by providing that the obligation to register premises is subject to article 10(6) (which relates to premises in respect of which specified provisions are not being complied with) (article 7);

(8) article 12 of the principal Order (enforcement) is replaced by a new article providing

(a) that in relation to premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird, Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 the Order shall be enforced by the Minister of Agriculture, Fisheries and Food in relation to England and by the Secretary of State in relation to Scotland or Wales, and

(b) that in all other respects the Order shall be enforced by the Local Authority (article 8);

(9) article 13 of the principal Order (inspections, taking samples etc.) is amended by providing that the power to carry out inquiries, take samples etc. applies to such inquiries, samples etc. as are necessary to ascertain whether the conditions of any licence or approval granted in accordance with the Order have been or are being complied with (article 9);

(10) Schedule 4 to the principal Order (requirements to be met where animal by-products are rendered) is amended (in implementation of Community obligations in the Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ No. L1, 1.1.95, p. 25) and Commission Decision No 94/382/EC (OJ No. L172, 7.7.94, p. 25) as amended)—

(a) by adding to paragraph 6(ii) of Section B of Part I (which refers to the rendering of animal by-products using any of the systems of heat treatment described in Commission Decision No 92/562/EEC)—

(i) a reference to the amendment to Decision No 92/562/EEC made in respect of aquatic animals by the Decision of the Council of the European Union adjusting the instruments concerning the accession of new Member States to the European Union, and

(ii) a reference to the provisions of Commission Decision No 94/382/EC as amended by Decision No 95/29/EC (which relate to the rendering of animal by-products of ruminant origin), and

(b) by adding to the hygiene requirements to be met where animal by-products described in Part II of Schedule 1 are rendered, specific requirements applying to by-products of ruminant origin similar to the requirements relating to by-products described in Part I of Schedule 1 (article 10).

A Compliance Cost Assessment in relation to this Order has been placed in the libraries of both Houses of Parliament and copies can be obtained from the Animal Health (Disease Control) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.