The Animal By-Products Order 1999

PART I E+W+S INTRODUCTION

Title and commencement E+W+S

1.  This Order may be cited as the Animal By-Products Order 1999 and shall come into force on 1st April 1999.

Commencement Information

I1 Art. 1 in force at 1.4.1999, see art. 1

Extension of definitions of “animals” and “poultry” E+W+S

2.  For the purposes of the Animal Health Act 1981 in its application to this Order—

(a) the definition of “animals” in section 87(1) of that Act is hereby extended so as to comprise—

(i) any kind of mammal except man;

(ii) any kind of four-footed beast which is not a mammal;

(iii) fish, reptiles and crustaceans; and

(iv) other cold-blooded creatures of any species;

(b) the definition of “poultry” in section 87(4) of that Act is hereby extended so as to comprise all birds; and

(c) the definitions of “disease” in section 88(1) and (3) of that Act are hereby extended so as to comprise all diseases of animals and birds.

Commencement Information

I2 Art. 2 in force at 1.4.1999, see art. 1

Interpretation and scope E+W+S

3.—(1) In this Order, unless the context otherwise requires—

• “animal” includes poultry;

• “animal by-products” means—

  (a)

  animal carcases;

  (b)

  parts of animal carcases (including blood); or

  (c)

  products of animal origin;

  not intended for human consumption, with the exception of animal excreta and catering waste;

• “approved” means approved under this Order by the appropriate Minister;

• “catering waste” means the following products when they are no longer intended for human consumption—

  (a)

  waste from catering and domestic waste;

  (b)

  waste from the production of products which are intended to be used for human consumption without further cooking; or

  (c)

  waste from the production of bread, cakes, pasta, pastry, pizzas and similar products (whether or not intended to be used for human consumption without further cooking);

• “high risk material” means animal by-products of the following description, or any material containing such by-products—

  (a)

  animal by-products which present a serious risk of spreading communicable disease to man or animals;

  (b)

  all animals kept for agricultural production, which have died or been killed but were not slaughtered for human consumption, including stillborn animals and foetuses but excluding animals slaughtered during transit for reasons of their welfare;

  (c)

  dead animals not referred to in paragraph (b) but which are designated as high risk material by notice by the appropriate Minister;

  (d)

  animals (other than those slaughtered for human consumption) which are killed in the context of disease control measures;

  (e)

  animal by-products (including blood) from animals which, during pre-slaughter veterinary inspection, show clinical signs of disease communicable to man or animals;

  (f)

  fish which show clinical signs of disease communicable to man or fish;

  (g)

  all animal by-products (other than hides, skins, hooves, feathers, wool, horns, blood and similar products) which are from animals (other than fish, crustaceans or molluscs) slaughtered in the normal way if either—

  (i)

  the animal by-product is not presented for post-mortem veterinary inspection; or

  (ii)

  during post-mortem veterinary inspection the animal by-product shows gross pathological lesions indicating disease communicable to man or animals;

  (h)

  all meat, poultrymeat, fish, game and foodstuffs of animal origin which are spoiled in such a way that they present a risk to human or animal health;

  (i)

  animal by-products from animals, fish or game, fresh meat, poultrymeat, meat products and milk products imported from any country other than a member State which fail to comply with the veterinary requirements for their importation into the Community, unless they are re-exported or their import is accepted under restrictions laid down in Community provisions; or

  (j)

  animal by-products containing residues of substances which may pose a danger to human or animal health, or milk, meat or products of animal origin rendered unfit for human consumption by the presence of such residues;

• “knacker’s yard” means any premises used in connection with the business of killing, flaying or cutting up animals the flesh of which is not intended for human consumption but does not include—

  (a)

  hunt kennels or other premises where the flesh is fed to animals;

  (b)

  premises used for diagnostic, educational or research purposes;

  (c)

  premises which do not take high risk material; or

  (d)

  premises where animals are cut up solely for the purpose of incineration;

• “low risk material” means animal by-products other than high risk material;

• “pharmaceutical or technical products” means products intended for purposes other than human food or animal feedingstuffs;

• “swill” means—

  (a)

  non-mammalian animal by-products rendered in accordance with paragraph 5 of Part I of Schedule 2; or

  (b)

  catering waste processed in accordance with Schedule 5.

(2) Rendered material complies with the microbiological standards for the purposes of this Order if—

(a) in the case of rendered material derived from high risk material, it is free from Clostridium perfringens;

(b) it is free from Salmonella; and

(c) it successfully passes the test for Enterobacteriaceaein paragraph 5 of Part IV of Schedule 3.

(3) The provisions of this Order shall not apply in relation to—

(a) hides, skins, shells, hooves, feathers, wool, horns, blood and similar products which are not used in the manufacture of feedingstuffs but shall apply to such products when originating from animals which show clinical signs of any disease communicable through that product to man or animals;

(b) specified risk material controlled by the Specified Risk Material Regulations 1997(1) or the Specified Risk Material Order 1997(2);

(c) a by-product from a wild mammal or wild bird other than one produced in premises used for processing mammals or birds;

(d) petfood from butchers' shops;

(e) milk or milk products other than—

(i) high risk milk or milk products; and

(ii) milk or milk products originating from animals which show clinical signs of any disease communicable through milk or milk products to man or animals;

(f) fish caught and discarded at sea and waste from the processing of fish at sea; or

(g) the feeding of birds of prey.

(5) Any reference in this Order to a Schedule or article is, unless the context otherwise requires, a reference to a Schedule to this Order or an article of this Order.

Commencement Information

I3 Art. 3 in force at 1.4.1999, see art. 1

PART II E+W+S DISPOSAL OF HIGH RISK AND LOW RISK MATERIAL

Scope of Part II E+W+S

4.  The provisions of this Part shall apply in relation to all high risk and low risk material.

Commencement Information

I4 Art. 4 in force at 1.4.1999, see art. 1

Restrictions on disposal of animal by-products E+W+S

5.—(1) Subject to the following provisions of this article, any person who has in his possession or under his control any animal by-product shall without undue delay consign it for, or dispose of it by—

(a) rendering or part-rendering in approved premises;

(b) incineration;

(c) burning other than in an incinerator, or burying, if—

(i) it is is a place where access is difficult; or

(ii) the quantity of by-product and the distance to premises in which disposal is otherwise permitted under this article do not justify transporting it;

(d) use for diagnostic, educational or research purposes;

(e) in the case of low risk material, production of petfood or pharmaceutical or technical products, or storage for the production of petfood, at premises registered under article 12;

(f) treatment at an approved knacker’s yard, or feeding to zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait at premises registered under article 13, provided that the material consigned is—

(i) a by-product referred to in paragraph (b), (c) or (g)(i) of the definition of high risk material in article 3(1) (provided that it is not from an animal slaughtered as a result of the presence or suspected presence of a notifiable disease listed in Annex I to Council Directive 82/894/EEC (on the notification of animal diseases within the Community)(3)); or

(ii) low risk material; or

(g) export from Great Britain.

(2) If the appropriate Minister serves on the person in charge by any animal by-product a notice certifying that—

(a) the by-product is from animals infected with, or suspected of being infected with, an epizootic disease and should not be transported because of health risks;

(b) the by-product contains, or is suspected of containing, residues or pathogens which could constitute a risk to human or animal health and which could survive rendering; or

(c) there is a lack of capacity at rendering premises or incinerators;

then that person shall, without undue delay, dispose of the by-product by burning or by burial as may be specified in the notice.

(3) No person shall feed to any ruminant animal, pig or poultry, or allow any such animal to have access to, any unrendered animal by-product.

Commencement Information

I5 Art. 5 in force at 1.4.1999, see art. 1

Collection and transport of animal by-products E+W+S

6.  Any person collecting or transporting animal by-products shall—

(a) use adequately covered leak-proof containers or vehicles;

(b) maintain vehicles, tarpaulins or other covers and reusable containers in a clean condition; and

(c) where animal by-products derived from animals or fish fit for human consumption are transported in bulk directly to rendering premises, label the container with—

(i) the source and description of the animal by-product; and

(ii) the words “Not for human consumption” in clearly visible and legible letters at least 2 centimetres high.

Commencement Information

I6 Art. 6 in force at 1.4.1999, see art. 1

Approval of premises and equipment for rendering animal by-products E+W+S

7.—(1) No person shall use any premises or equipment for rendering or part-rendering animal by-products unless the premises, the equipment and the operator of the premises are approved by the appropriate Minister in accordance with this article.

(2) The appropriate Minister shall grant approval under this article for premises and equipment for rendering or part-rendering high risk or low risk material if he is satisfied that—

(a) the premises comply with the requirements in Schedule 1 and will be maintained and operated in accordance with that Schedule;

(b) the material will be rendered or part-rendered in accordance with Schedule 2;

(c) the rendered material has been sampled on a daily basis over a period of 30 days before the approval is granted and the samples taken comply with the microbiological standards in article 3(2), except that this requirement shall not apply when animal by-products—

(i) are to be rendered in accordance with Method I of Part II of Schedule 2;

(ii) are to be part-rendered in accordance with the conditions of the approval; or

(iii) are non-mammalian by-products which are to be rendered for the production of swill for feeding to pigs or poultry;

(d) the equipment will not be used to render any specified risk material controlled by the Specified Risk Material Regulations 1997 or the Specified Risk Material Order 1997;

(e) where appropriate, there will be no cross-contamination between different types of material; and

(f) all other conditions of this Order will be complied with.

(3) The approval shall specify—

(a) the operator and the address of the premises;

(b) the rendering equipment and the method of rendering or part-rendering;

(c) whether material may be rendered or part-rendered;

(d) the type of material which may be rendered or part-rendered;

(e) the parameters to be achieved during rendering or part-rendering; and

(f) any other conditions which the appropriate Minister considers necessary to ensure that this Order is complied with.

(4) While the rendered product is being tested in accordance with paragraph (2)(c) above, the appropriate Minister may grant a provisional approval for rendering the animal by-product, which shall specify how the rendered material shall be disposed of.

Commencement Information

I7 Art. 7 in force at 1.4.1999, see art. 1

Operation of approved rendering plants E+W+S

8.—(1) Any person holding an approval under article 7 shall maintain and operate the premises and equipment in accordance with Schedule 1 and shall render material in accordance with Schedule 2 and the approval.

(2) No person shall render specified risk material controlled by the Specified Risk Material Regulations 1997 or the Specified Risk Material Order 1997 in any equipment approved for rendering animal by-products under article 7.

Commencement Information

I8 Art. 8 in force at 1.4.1999, see art. 1

Sampling the rendered product E+W+S

9.—(1) If rendered material is intended for use in feedingstuffs (other than swill or petfood) then the operator of a rendering plant shall act in accordance with this article.

(2) The operator shall establish and use an identification system which makes it possible to identify each rendered batch.

(3) In the case of rendered material derived from high risk material, the operator shall, once every week—

(a) take from the outlet of each cooker in use at the premises a sample of at least 50 grams of freshly rendered proteinaceous material; and

(b) send the sample to an approved laboratory for testing for Clostridium perfringens.

(4) In the case of all rendered material, the operator shall, on each day that the material is consigned from the premises—

(a) take samples of the rendered proteinaceous material using one of the methods specified in Part I of Schedule 3 and aggregate the samples to produce a final sample in accordance with that method; and

(b) send the final sample to an approved laboratory for testing for Salmonella and Enterobacteriaceae.

(5) Whenever an operator sends a sample to an approved laboratory, he shall send with the sample the following information in writing—

(a) the name and address of the premises at which the sample was taken;

(b) the date on which the sample was taken; and

(c) the identity of the sample.

(6) No person shall tamper with a sample taken under this article with intent to affect the result of a test.

(7) If the test demonstrates that the rendered material does not comply with the microbiological standards in article 3(2), then the operator shall—

(a) immediately notify the appropriate Minister of the full details of the nature of the sample and the lot from which it was derived;

(b) ensure that no further rendered material suspected or known to be contaminated is moved from the premises unless—

(i) he takes all necessary measures to ensure that it is not used for feedingstuffs; or

(ii) it has been re-rendered under the supervision of the appropriate Minister and resampled and re-tested by the appropriate Minister, and the re-testing has shown that the re-rendered material complies with the microbiological standards in article 3(2);

(c) establish the causes of failure of compliance;

(d) increase the rate of sampling and testing of rendered material; and

(e) instigate appropriate decontamination and cleaning procedures within the premises.

Commencement Information

I9 Art. 9 in force at 1.4.1999, see art. 1

Incineration E+W+S

10.  Any person who incinerates animal by-products shall ensure that they are either—

(a) completely incinerated immediately on arrival; or

(b) stored in adequately covered leak-proof containers and completely incinerated without undue delay.

Commencement Information

I10 Art. 10 in force at 1.4.1999, see art. 1

Burial of animal by-products E+W+S

11.  Any person burying animal by-products shall—

(a) sprinkle them with a suitable disinfectant if this will help prevent the spread of disease; and

(b) bury them in such a way that carnivorous animals cannot gain access to them.

Commencement Information

I11 Art. 11 in force at 1.4.1999, see art. 1

Petfood, pharmaceutical and technical premises E+W+S

12.—(1) No person shall use any premises for the production of petfood or pharmaceutical or technical products from animal by-products unless the premises and the occupier of the premises are registered with the appropriate Minister in accordance with this article.

(2) The appropriate Minister shall register premises under paragraph (1) above if he is satisfied that—

(a) the premises have adequate facilities for storing and treating the animal by-products without risk to animal health;

(b) the finished product will not create a risk to animal health; and

(c) all other provisions of this Order will be complied with.

(3) No person shall use any premises for the collection of animal by-products intended for the production of petfood (other than the premises on which the animal by-products originate or premises registered under paragraph (1) above) unless the premises and the occupier of the premises are registered with the appropriate Minister in accordance with this article.

(4) The appropriate Minister shall maintain a register of premises registered under this article containing the following information—

(a) the name of the operator;

(b) the address of the premises; and

(c) the business carried on at the premises.

(5) No person shall accept any unrendered or part-rendered high risk material into premises registered under this article.

(6) The occupier of premises registered under paragraph (1) above shall ensure that all animal by-products not incorporated into the product, and all waste material arising during production are disposed of in accordance with article 5.

(7) The occupier of premises registered under paragraph (1) above shall ensure that all finished material not used for its intended purpose is disposed of by burial or in accordance with article 5.

(8) The occupier of premises registered under paragraph (3) above shall ensure that all animal by-products not consigned for the production of petfood are disposed of in accordance with article 5.

(9) The appropriate Minister may by notice require the occupier of premises registered under this article to store, process, despatch or dispose of animal by-products as may be specified in the notice.

Commencement Information

I12 Art. 12 in force at 1.4.1999, see art. 1

Registration of premises used for the feeding of animal by-products to zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait E+W+S

13.—(1) No person shall receive or use on any premises any animal by-product for feeding to zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait, unless the premises and the occupier of the premises are registered with the appropriate Minister in accordance with this article.

(2) The appropriate Minister shall maintain a register of premises used for the feeding of animal by-products to zoo, circus and fur animals, recognised packs of hounds and maggots farmed for fishing bait containing the following information—

(a) the name of the operator;

(b) the address of the premises; and

(c) the business carried on at the premises.

(3) No person shall accept any animal by-product into premises registered under this article other than material permitted to be consigned there under article 5.

(4) The occupier of premises registered under this article shall ensure that all unused animal by-products and all animal by-products remaining after feeding are disposed of in accordance with article 5.

Commencement Information

I13 Art. 13 in force at 1.4.1999, see art. 1

Approval of knackers' yards E+W+S

14.—(1) No person shall operate a knacker’s yard unless the premises are approved by the appropriate Minister in accordance with this article.

(2) The appropriate Minister shall grant approval under this article if he is satisfied that the premises comply with the conditions in Schedule 4 and that they will be maintained and operated in accordance with this Order and the conditions of the approval.

(3) The appropriate Minister shall not approve a knacker’s yard for the production of feedingstuffs for animals whose flesh is not intended for human consumption unless he is satisfied that the premises were used as a knacker’s yard for the production of such feedingstuffs on 27th November 1990.

(4) The approval granted under paragraph (1) above shall specify—

(a) the operator of the premises and the address;

(b) whether or not the knacker’s yard is approved to produce feedingstuffs for animals whose flesh is not intended for human consumption, and if it is, the production method; and

(c) any other conditions which the appropriate Minister considers necessary to ensure that this Order is complied with.

Commencement Information

I14 Art. 14 in force at 1.4.1999, see art. 1

Operation of knackers' yards and supply of feedingstuffs from knackers' yards E+W+S

15.—(1) Any person approved under article 14 to operate a knacker’s yard shall maintain and operate the premises in accordance with the requirements in Schedule 4 and any additional requirements contained in the approval.

(2) No person shall accept any animal by-product into a knacker’s yard other than material permitted to be consigned there under article 5.

(3) No person (whether a knacker or any subsequent supplier) shall supply for use in domestic premises any feedingstuffs derived from mammalian high risk material which has been treated in accordance with sub-paragraph (1)(a) or (b) of paragraph 11 of Schedule 4.

Commencement Information

I15 Art. 15 in force at 1.4.1999, see art. 1

Approval and operation of laboratories E+W+S

16.—(1) The appropriate Minister shall approve laboratories under this article to carry out one or more of the tests in this article if he is satisfied that they have the necessary facilities, personnel and operating procedures to do so.

(2) In deciding whether to grant or continue an approval, the appropriate Minister may require the laboratory to successfully undertake any quality control tests as he shall reasonably think fit.

(3) The operator of a laboratory approved under this article carrying out tests on material submitted to him in accordance with this Order shall do so in accordance with this article.

(4) A test for Clostridium perfringensshall be carried out in accordance with the method in Part II of Schedule 3 or (if specified in the approval) with a method which conforms with ISO 7937/1985 (BS 5763: Part 9: 1986 (1998) (Enumeration of Clostridium perfringens)(4).

(5) A test for Salmonella shall be carried out in accordance with one of the methods in Part III of Schedule 3 or (if specified in the approval) with a method which conforms with—

(a) ISO 6579/1993 (BS 5763: Part 4: 1993) (Detection of Salmonella)(5);

(b) BS EN-12824: 1998 (Horizontal method for the detection of Salmonella)(6); or

(c) NMKL 71: 1993(7).

(6) A test for Enterobacteriaceaeshall be carried out in accordance with the method in Part IV of Schedule 3 or (if specified in the approval) with a method which conforms with ISO 7402/1993 (BS5763: Part 10: 1993) (Enumeration of Enterobacteriaceae)(8).

(7) The operator of a laboratory approved under this article shall forthwith notify the appropriate Minister for the rendering plant, and the operator of the rendering plant, in the event of tests establishing that the material does not comply with the microbiological standards in article 3(2).

(8) The operator of a laboratory approved under this article shall notify the appropriate Minister for the laboratory on the last day of every month of the number, type and results of tests carried out.

Commencement Information

I16 Art. 16 in force at 1.4.1999, see art. 1

Records for animal by-products E+W+S

17.—(1) Any person consigning animal by-products or part-rendered material from any premises shall keep a record of each consignment showing—

(a) the date on which the material was taken from the premises;

(b) the quantity and description of the material;

(c) the destination to which it was consigned; and

(d) the name of the haulier transporting it.

(2) Any person transporting animal by-products or part-rendered material shall, at the time of collection, record—

(a) the address of the premises from which the material was collected;

(b) the date on which the material was collected;

(c) the quantity and description of the material; and

(d) the destination to which it is to be taken.

(3) Any person receiving animal by-products or part-rendered material shall keep a record of incoming consignments showing—

(a) the date on which the material arrived;

(b) the address of the premises from which the material was consigned;

(c) the quantity and description of the material; and

(d) the name and address of the haulier who transported it.

(4) In addition to the records required to be kept by him under paragraph (3) (and, in the case of consignment from the premises of unrendered material, paragraph (1)), the occupier of rendering premises (other than part-rendering premises) shall keep a record for all animal by-products (including part-rendered material) rendered of—

(a) the weight rendered and the date of rendering;

(b) the temperature achieved by the by-products;

(c) in a batch system, the time for which the by-products were rendered;

(d) if appropriate, the particle size to which the by-products were reduced before rendering;

(e) if appropriate, the pressure to which the by-products were subjected during rendering;

(f) if appropriate, the feed rate of the by-products;

(g) if appropriate, the fat re-cycling rate;

(h) the quantity and description of rendered material produced;

(i) the results of all tests of samples submitted to an approved laboratory in accordance with article 9 and any action taken under that article after a sample has been shown not to comply with the microbiological standards specified in article 3(2); and

(j) in the case of all rendered material—

(i) the method of disposal;

(ii) the quantity disposed of;

(iii) the date of disposal;

(iv) the name of the haulier; and

(v) the address of the disposal premises.

(5) In addition to the records required to be kept by him under paragraph (3) (and, in the case of consignment from the premises of unrendered or part-rendered material, paragraph (1)), the occupier of part-rendering premises shall keep a record for all animal by-products part-rendered of—

(a) the weight part-rendered and the date of part-rendering; and

(b) the quantity and description of part-rendered material produced.

(6) In addition to the records required to be kept by him under paragraph (3) (and, in the case of consignment from the premises of unused animal by-products and animal by-products remaining after feeding, paragraph (1)), the occupier of any premises registered under article 13 (zoo animals, etc.) shall keep records of the use to which the animal by-products were put.

(7) In addition to the records required to be kept by him under paragraph (3) (and, in the case of consignment from the premises of untreated material, paragraph (1)), the occupier of a knacker’s yard shall keep a record of—

(a) the quantity of animal by-products treated in accordance with paragraph 11 of Schedule 4 (treatment of by-products for the production of feedingstuffs), and the date and method of treatment;

(b) in the case of the supply of mammalian high risk material which has been sterilised or denatured in accordance with paragraph 11(1)(a) or (b) of Schedule 4—

(i) the name and address of each person buying the feedingstuffs;

(ii) the premises to which the feedingstuffs are to be taken for use;

(iii) the quantity sold; and

(iv) the date on which the material was sold.

Commencement Information

I17 Art. 17 in force at 1.4.1999, see art. 1

Records for approved laboratories E+W+S

18.  The operator of a laboratory approved under article 16 shall record—

(a) the name and address of the premises at which the sample was taken;

(b) the date on which the sample was taken;

(c) the identity of the sample;

(d) the date on which the sample was received at the laboratory;

(e) the date on which the sample was tested at the laboratory; and

(f) the result of the test.

Commencement Information

I18 Art. 18 in force at 1.4.1999, see art. 1

PART III E+W+S CATERING WASTE INTENDED FOR FEEDING TO PIGS AND POULTRY

Feeding catering waste to ruminants, pigs and poultry E+W+S

19.—(1) No person shall feed to any ruminant animal, or allow any ruminant animal to have access to, any catering waste to which this Part applies, or any feedingstuffs which have been in contact with it.

(2) No person shall feed to any pig or poultry, or allow any pig or poultry to have access to, any catering waste to which this Part applies unless it has been processed in accordance with this Part.

(3) No person shall feed to any pig or poultry, or allow any pig or poultry to have access to, any feedingstuffs which have been in contact with unprocessed catering waste unless the feedingstuffs have subsequently been processed as catering waste in accordance with this Part.

(4) The requirements in this Part shall apply in relation to catering waste which contains or has been in contact with animal carcases, parts of animal carcases (including blood) or products of animal origin (other than milk, eggs, rennet or melted fat which have been incorporated into another product).

Commencement Information

I19 Art. 19 in force at 1.4.1999, see art. 1

Catering waste from a means of transport from outside Great Britain E+W+S

20.  No person shall feed to any ruminant animal, pig or poultry, or allow any such animal to have access to, any catering waste imported into Great Britain and originally intended for consumption on the means of transport in which it was imported, or any feedingstuffs which have been in contact with it.

Commencement Information

I20 Art. 20 in force at 1.4.1999, see art. 1

Transporting unprocessed catering waste E+W+S

21.—(1) Any person collecting or transporting unprocessed catering waste intended for feeding to pigs or poultry shall—

(a) use adequately covered leak-proof containers or vehicles;

(b) maintain vehicles, tarpaulins or other covers and reusable containers in a clean condition; and

(c) take it without undue delay to approved processing premises.

(2) No person shall bring unprocessed catering waste on to any premises where ruminant animals, pigs or poultry are kept.

(3) No person shall carry processed catering waste in a vehicle containing unprocessed catering waste.

Commencement Information

I21 Art. 21 in force at 1.4.1999, see art. 1

Approval of premises producing swill from catering waste E+W+S

22.—(1) No person shall process catering waste to produce swill for feeding to pigs or poultry except on premises approved under this article.

(2) The appropriate Minister shall grant approval under this article for premises and equipment for processing catering waste to produce swill for feeding to pigs or poultry if he is satisfied that—

(a) the premises comply with the requirements in Schedule 5 and will be maintained and operated in accordance with that Schedule;

(b) the catering waste will be processed in accordance with Schedule 5;

(c) the catering waste will not be fed to ruminants;

(d) the premises are not used to render animal by-products other than for the production of swill; and

(e) the conditions of this Order will be complied with.

(3) The approval shall specify—

(a) the operator of the premises;

(b) the address of the premises;

(c) the parts of the premises in which catering waste may be received and processed;

(d) the cooking parameters if these are different from those specified in Schedule 5; and

(e) any other conditions which the appropriate Minister considers necessary to ensure that this Order is complied with.

Commencement Information

I22 Art. 22 in force at 1.4.1999, see art. 1

Operation of premises approved to process catering waste E+W+S

23.—(1) Any person holding an approval under article 22 shall maintain and operate the premises and equipment in accordance with the requirements in Schedule 5 and shall process the catering waste in accordance with that Schedule.

(2) No person shall render animal by-products (except for the production of swill) on any premises approved under article 22.

Commencement Information

I23 Art. 23 in force at 1.4.1999, see art. 1

Records for premises approved to process catering waste E+W+S

24.  The occupier of premises processing catering waste shall record—

(a) the date on which the incoming waste arrived;

(b) the address of the premises from which the waste was collected;

(c) the quantity and description of the incoming waste; and

(d) the name of the haulier who transported it.

Commencement Information

I24 Art. 24 in force at 1.4.1999, see art. 1

PART IV E+W+S SWILL FOR USE AS FEEDINGSTUFFS

Consigning swill E+W+S

25.—(1) No person shall consign from any holding swill for feeding to pigs or poultry except under the authority of an approval granted by the appropriate Minister under this article.

(2) The appropriate Minister shall grant an approval under this article if he is satisfied that the conditions of this Order will be complied with.

(3) The approval shall specify the address of the holding to which the swill may be consigned.

(4) Any person consigning swill from any holding shall keep a record of each consignment showing—

(a) the date on which the material was consigned;

(b) the quantity of the material;

(c) the destination to which it was delivered; and

(d) the name of the haulier who transported it.

Commencement Information

I25 Art. 25 in force at 1.4.1999, see art. 1

Feeding swill to pigs or poultry E+W+S

26.—(1) No person shall feed swill to pigs or poultry on any premises except under the authority of an approval granted by the appropriate Minister under this article.

(2) The appropriate Minister shall grant an approval under this article if he is satisfied that the conditions of this Order will be complied with.

(3) The occupier of premises used for feeding swill to pigs or poultry (other than pigs or poultry which are on the same holding as the processing premises) shall keep a record of each incoming consignment of swill showing—

(a) the date on which the material arrived;

(b) the premises from which the material was consigned;

(c) the quantity and description of the material; and

(d) the name of the haulier who transported it.

Commencement Information

I26 Art. 26 in force at 1.4.1999, see art. 1

PART V E+W+S GENERAL

Notice requiring the disposal of animal by-products or catering waste E+W+S

27.  If he thinks it necessary for animal health purposes, or if any provision of this Order is not being complied with, an inspector may serve a notice on any person in possession of any animal by-product or catering waste requiring him to dispose of it as may be specified in the notice.

Commencement Information

I27 Art. 27 in force at 1.4.1999, see art. 1

Cleansing and disinfection E+W+S

28.—(1) If an inspector suspects that any vehicle, container or premises to which this Order applies constitutes a disease risk, he may serve a notice on the person in charge of the vehicle or container, or on the occupier of the premises, requiring the vehicle, container or premises to be cleansed and disinfected.

(2) The notice may—

(a) specify the method of cleansing and disinfection;

(b) specify the method of disposal of any material remaining in the vehicle, container or premises; and

(c) prohibit the movement of animal by-products or catering waste into the vehicle or container or on to the premises until such time as the required cleansing and disinfection has been satisfactorily completed.

Commencement Information

I28 Art. 28 in force at 1.4.1999, see art. 1

Powers of inspectors E+W+S

29.—(1) An inspector who enters any premises in exercise of his powers under the Animal Health Act 1981 may—

(a) carry out any inquiries, examinations and tests;

(b) take any samples; and

(c) examine and copy any records kept under this Order;

which are necessary to ascertain whether the provisions of this Order have been or are being complied with.

(2) An inspector may, for the purposes of identification, mark any animal or thing in relation to which any of the powers in paragraph (1) above has been exercised.

(3) No person shall, or shall attempt to, deface, obliterate or remove any such mark as is referred to in paragraph (2) above.

(4) The occupier of any premises or any person in his employment shall render such reasonable assistance to an inspector as the inspector may require for the purpose of facilitating the exercise of his powers under paragraphs (1) and (2) above and in particular shall provide a printout of any records kept in electronic form.

Commencement Information

I29 Art. 29 in force at 1.4.1999, see art. 1

Form of approvals, etc. E+W+S

30.  Any approval, registration or notice under this Order shall be in writing, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the appropriate Minister is reasonably of the opinion that the provisions of this Order are not being complied with.

Commencement Information

I30 Art. 30 in force at 1.4.1999, see art. 1

Compliance with notices E+W+S

31.  Any notice served under this Order shall be complied with at the expense of the person on whom the notice is served, and if it is not complied with, an inspector may arrange for it to be complied with at the expense of that person.

Commencement Information

I31 Art. 31 in force at 1.4.1999, see art. 1

Form of records E+W+S

32.  Any record required to be kept under this Order shall be in written or electronic form and shall be kept for at least two years.

Commencement Information

I32 Art. 32 in force at 1.4.1999, see art. 1

Enforcement E+W+S

33.—(1) This Order shall be enforced by the appropriate Minister in relation to—

(a) premises which are licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995(9);

(b) premises which are licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(10);

(c) premises which are licensed under the Wild Game Meat (Hygiene and Inspection) Regulations 1995(11);

(d) combined premises as defined in the Meat Products (Hygiene) Regulations 1994(12); and

(e) combined premises as defined in the Minced Meat and Meat Preparations (Hygiene) Regulations 1995(13).

(2) Other than as specified in paragraph (1) this Order shall be enforced by the local authority.

Commencement Information

I33 Art. 33 in force at 1.4.1999, see art. 1

Transitional provisions E+W+S

34.  Any notice, licence, approval, authorisation or registration issued under the provisions of the Animal By-Products Order 1992(14) or the Diseases of Animals (Waste Food) Order 1973(15) shall continue to have effect as if made under the equivalent provision of this Order.

Commencement Information

I34 Art. 34 in force at 1.4.1999, see art. 1

Revocations and consequential amendments E+W+S

35.—(1) The instruments in Part I of Schedule 6 are revoked.

(2) The instrument in Part II of Schedule 6 is amended in accordance with that Part.

Commencement Information

I35 Art. 35 in force at 1.4.1999, see art. 1

Jeff Rooker

Minister of State Ministry of Agriculture, Fisheries and Food

3rd March 1999

Sewel

Under Secretary of State Scottish Office

2nd March 1999

Signed by authority of the Secretary of State for Wales

Jon Owen Jones

Parliamentary Under Secretary of State Welsh Office

8th March 1999