The Animal By-Products (Identification) (Amendment) (England) Regulations 2003

Statutory Instruments

2003 No. 1484

FOOD, ENGLAND

The Animal By-Products (Identification) (Amendment) (England) Regulations 2003

Made

5th June 2003

Laid before Parliament

10th June 2003

Coming into force

1st July 2003

The Secretary of State in exercise of the powers conferred on him by sections 16(1)(c), (d) and (f), 26(3) and 48(1) of and paragraph 3 of Schedule 1 to the Food Safety Act 1990(1) and now vested in him(2) and having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3) and in accordance with section 48(4) and (4B) of that Act makes the following Regulations:

Title, extent and commencement

1.  These Regulations may be cited as the Animal By-Products (Identification) (Amendment) (England) Regulations 2003; they extend to England only and come into force on 1st July 2003.

Amendments to the Animal By-Products (Identification) Regulations 1995

2.—(1) In so far as they extend to England, the Animal By-Products (Identification) Regulations 1995(4) are amended in accordance with regulations 3 to 8.

3.  In paragraph (1) of regulation 2 (interpretation) —

(a) for the definition of “the 1999 Order” there shall be substituted the following definition —

““the 2003 Regulations” means the Animal By-Products Regulations 2003(5);”;

(b) for the definition of “approved premises” there shall be substituted the following definitions —

““approved incineration plant” means a plant which is approved as an incineration plant under regulation 14 of the 2003 Regulations;

“approved rendering plant” means a plant which is approved as a category 2 processing plant or category 2 oleochemical plant under regulation 14 of the 2003 Regulations;”; and

(c) immediately after the definition of “cold store” there shall be inserted the following definition —

““the Community Regulation” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(6) as amended by and as read with —

(a)

Commission Regulation (EC) No. 808/2003 amending 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(7);

(b)

Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures(8);

(c)

Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs(9);

(d)

Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oil(10);

(e)

Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood(11);

(f)

Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants(12);

(g)

Commission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcasses containing them(13);”.

4.  In regulation 5 (exemptions) —

(a) for paragraph (1)(e) there shall be substituted the following provision —

“(e) any animal by-product which —

(i) is, or is derived from, a product of animal origin regulated by the Community Regulation, and

(ii) is transhipped in accordance with regulation 24 of the Products of Animal Origin (Import and Export) Regulations 1996(14); or”; and

(b) in paragraph (2) —

(i) the words “and sterilisation” shall be omitted, and

(ii) in each of sub-paragraphs (c) and (d) for the expression “the 1999 Order” there shall be substituted the expression “the 2003 Regulations”.

5.  In regulation 6 (staining of animal by-products in cold stores, cutting premises, game processing facilities or slaughterhouses) —

(a) in paragraph (2)(b), for division (iii) there shall be substituted the following division —

“(iii) is immediately moved, in the manner specified in paragraph (4), to an approved rendering plant for rendering there, or to an approved incineration plant which is adequately separated from the cold store, cutting premises, game processing facility or slaughterhouse concerned for incineration there.”; and

(b) for paragraph (4) there shall be substituted the following paragraph —

“(4) The manner is that the animal by-product is moved through a sealed and leak-proof pipe which connects the cold store, cutting premises, game processing facility or slaughterhouse concerned directly with the relevant approved rendering plant or, as the case may be, approved incineration plant.”.

6.  In regulation 7 (staining of animal by-products in animal by-products premises) for paragraphs (2) and (3) there shall be substituted the following paragraphs —

“(2) The duty imposed by paragraph (1) shall not apply in relation to any animal by-product which is immediately moved, in the manner specified in paragraph (3), to an approved rendering plant for rendering there, or to an approved incineration plant which is adequately separated from the animal by-products premises concerned for incineration there.

(3) The manner is that the animal by-product is moved through a sealed and leak-proof pipe which connects the animal by-products premises concerned directly with the relevant approved rendering plant or, as the case may be, approved incineration plant.”.

7.  In regulation 9 (storage and packaging of animal by-products) for paragraph (3) there shall be substituted the following paragraph —

“(3) No person shall store in any part of any cold store, cutting premises, game processing facility or slaughterhouse any animal by-product unless it is placed in a receptacle on which is affixed a conspicuously visible and legible notice containing —

(a) in letters at least two centimetres high, the declaration “not intended for human consumption”;

(b) in the case of any animal by-product which has been imported into England, the name of the country from which it was so imported;

(c) in the case of any other animal by-product, the name of the packer and the address at which the animal by-product was packed;

(d) in the case of any animal by-product which is Category 2 material as defined in Article 2.1(c) of the Community Regulation, in letters at least two centimetres high, the declaration “Category 2 material”; and

(e) in the case of any animal by-product which is Category 3 material as defined in Article 2.1(d) of the Community Regulation, in letters at least two centimetres high, the declaration “Category 3 material”.”.

8.  In regulation 10 (restriction on movement of animal by-products) for paragraph (2) there shall be substituted the following paragraph —

“(2) The prohibition contained in paragraph (1) above shall not apply in relation to any animal by-product which has not been stained in accordance with these Regulations because of a permanent or temporary closure of the relevant animal by-products premises, cold store, cutting premises, game processing facility or slaughterhouse, a breakdown of the machinery installed there or a trade dispute, and which is moved, under the supervision of an authorised officer of the enforcement authority, to other premises for disposal in accordance with the requirements of the Community Regulation.”.

Signed by authority of the Secretary of State for Health

Hazel Blears

Parliamentary Under Secretary of State,

Department of Health

5th June 2003

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Animal By-Products (Identification) Regulations 1995 in so far as they extend to England (S.I. 1995/614, as already amended, “the 1995 Regulations”). The 1995 Regulations extend to the whole of Great Britain.

2.  These Regulations consist very largely of provisions which are consequential on Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (“the Community Regulation”, OJ No. L273, 10.10.2002, p.1) and on the Regulations which provide for the enforcement of that Regulation in relation to England, namely the Animal By-Products Regulations 2003 (S.I. 2003/1482).

3.  These Regulations amend the 1995 Regulations by —

(a) in regulation 2(1) (interpretation), substituting for the definition of the term “the 1999 Order” a definition of the term “the 2003 Regulations”, substituting for the definition of the term “approved premises” definitions of the terms “approved incineration plant” and “approved rendering plant” and adding a definition of the term “the Community Regulation” (regulation 3);

(b) in regulation 5 (exemptions) —

(i) substituting a revised version paragraph (1)(e) (which specifies a particular category of animal by-product to which the 1995 Regulations do not apply (regulation 4(a)), and

(ii) in paragraph (2) deleting certain words the need to delete which was overlooked in an earlier instrument amending the 1995 Regulations and substituting for the references to “the 1999 Order” references to “the 2003 Regulations” (regulation 4(b));

(c) in regulation 6 (staining of animal by-products in cold stores, cutting premises, game processing facilities or slaughterhouses) substituting revised versions of paragraphs (2)(b)(iii) and (4) (which, read together, specify a category of animal by-product to which the duty of occupiers of cold stores, cutting premises, game processing facilities and slaughterhouses to stain animal by-products which is imposed by paragraph (1) of that regulation does not apply) (regulation 5);

(d) in regulation 7 (staining of animal by-products in animal by-products premises) substituting revised versions of paragraphs (2) and (3) (which, read together, specify a category of animal by-product to which the duty of occupiers of animal by-products premises to stain animal by-products which is imposed by paragraph (1) of that regulation does not apply) (regulation 6);

(e) in regulation 9 (storage and packaging of animal by-products) substituting a revised version of paragraph (3) (which provides that animal by-products may not be stored in cold stores, cutting premises, game processing facilities or slaughterhouses if specified conditions are not met) (regulation 7); and

(f) in regulation 10 (restriction on movement of animal by-products) substituting a revised version of paragraph (2) (which specifies a category of animal by-product to which the prohibition on moving animal by-products from animal by-products premises, cold stores, cutting premises, game processing facilities or slaughterhouses without first staining them which is imposed by paragraph (1) of that regulation does not apply) (regulation 8).

4.  No regulatory impact assessment has been prepared in respect of these Regulations.

(1)

1990 c. 16.

(2)

Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), and paragraph 21 of that Schedule amends section 48 of the 1990 Act. Functions of “the Ministers” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as read with section 40(3) of the 1999 Act, and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46), as read with section 40(2) of the 1999 Act. Regulation 13(4) of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 (S.I. 2000/656) expressly authorises the Secretary of State to amend existing Regulations made or having effect as if made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the 1990 Act.

(3)

OJ No. L31, 1.2.2002, p.1.

(4)

S.I. 1995/614, amended by S.I. 1995/1955, S.I. 1996/3124, S.I. 1997/2073, S.I. 2000/656, S.I. 2002/1619 and S.I. 2002/3231.

(5)

S.I. 2003/1482.

(6)

OJ No. L273, 10.10.2002, p.1.

(7)

OJ No. L117, 13.5.2003, p.1.

(8)

OJ No. L117, 13.5.2003, p.14.

(9)

OJ No. L117, 13.5.2003, p.22.

(10)

OJ No. L117, 13.5.2003, p.24.

(11)

OJ No. L117, 13.5.2003, p.30.

(12)

OJ No. L117, 13.5.2003, p.42.

(13)

OJ No. L117, 13.5.2003, p.44.

(14)

S.I. 1996/3124, amended by S.I. 1997/3023, S.I. 1998/994, S.I. 1999/683, S.I. 2000/225, S.I. 2000/656, S.I. 2000/790, S.I. 2000/2215, S.I. 2001/1553, S.I. 2001/1640, S.I. 2001/3399 and S.I. 2002/889. The provisions of S.I. 1996/3124 which apply to products imported from third countries are disapplied by S.I. 2002/1227.