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;

• [F1 “livestock” means—

  (a)

  any creature, including fish, kept for the production of food, wool, skin or fur, and any creature, other than a dog, kept for use in the farming of land; and

  (b)

  any ruminant animal, pig, poultry or equine animal;]

• “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;

• F2 ...

• [F1 “used cooking oil” means catering waste consisting of oils and fats from food-processing and the by-products of such oils and fats (other than any such oils and fats derived in any way from ruminant bones) where these are collected from food businesses (as such term is defined in Article 2 of Council Directive 93/43/EC on the hygiene of foodstuffs)].

(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.

Textual Amendments

F1 Words in art. 3(1) inserted (E.) (24.5.2001) by The Animal By-Products (Amendment) (England) Order 2001 (S.I. 2001/1704), arts. 1(1), 2(a)(i); inserted (S.) (24.5.2001) by The Animal By-Products Amendment (Scotland) Order 2001 (S.I. 2001/171), arts. 1(1), 2(2)(a)(b); and inserted (W.) (24.5.2001) by The Animal By-Products (Amendment) (Wales) Order 2001 (S.I. 2001/1735), arts. 1(1), 2(a)(i)

F2 Words in art. 3(1) omitted (E.) (24.5.2001) by The Animal By-Products (Amendment) (England) Order 2001 (S.I. 2001/1704), arts. 1(1), 2(a)(ii); omitted (S.) (24.5.2001) by The Animal By-Products Amendment (Scotland) Order 2001 (S.I. 2001/171), arts. 1(1), 2(2)(c); and omitted (W.) (24.5.2001) by The Animal By-Products (Amendment) (Wales) Order 2001 (S.I. 2001/1735), arts. 1(1), 2(a)(ii)

Commencement Information

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

(1)

S.I. 1997/2965.

(2)

S.I. 1997/2964.