SCHEDULE 1Animal By-Product Requirements
Words in Sch. 1 omitted (29.3.2019) by virtue of The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 16(2)
Subject matter of requirement | Provisions containing the basic requirement | Provisions to be read with the provision(s) mentioned in Column 2 |
|---|---|---|
1. General obligation | Article 4(1) and (2) of the EU Control Regulation | Article 3 of the EU Implementing Regulation |
2. General animal health restrictions | Article 6(1) of the EU Control Regulation | Article 4 of the EU Implementing Regulation |
3. Restrictions on use for feeding purposes | Article 11 of the EU Control Regulation | Regulations 4 and 5 of these Regulations and Article 5 of the EU Implementing Regulation |
4. Restrictions on access to bodies | Articles 12, 13 and 21(1) of the EU Control Regulation | Regulation 4(3) of these Regulations |
5. Disposal and use of Category 1 material | Article 12 of the EU Control Regulation, subject to Article 16(b) to (e) of that Regulation and Article 7 of the EU Implementing Regulation | F1Regulation 7A of these Regulations and Articles 6(3) to (5), 8(1), 9(b) and (c), 10(1), 11(2), 12(2), 13(2) and 15 of the EU Implementing Regulation |
6. Disposal and use of Category 2 material | Article 13 of the EU Control Regulation, subject to Articles 15(2)(b) and 16(b) to (f) and (h) of that Regulation | Regulation 6 of these Regulations and Articles 6(3) to (5), 8(1), 9(b) and (c), 10(1), 11(2), 12(2), 13(1) and 15 of the EU Implementing Regulation |
7. Disposal and use of Category 3 material | Article 14 of the EU Control Regulation, subject to Article 16 (b) to (h) of that Regulation and Article 7 of the EU Implementing Regulation | Regulation 29 of these Regulations and Articles 6(3) to (5), 8(1), 9(b) and (c), 10(1), 11(2), 12(2), 13(2), 15 and 36(3) of the EU Implementing Regulation |
8. Collection and identification as regards category and transport | Article 21(1) to (4) of the EU Control Regulation | Article 17 of the EU Implementing Regulation |
9. Traceability | Article 22(1) and (2) of the EU Control Regulation | Article 17 of the EU Implementing Regulation |
10. Registration of operators, establishments and plants | Articles 23(1) and (2) and 55 of the EU Control Regulation | Regulation 11 of these Regulations and Articles 20(1) and (2) and 32(7) of the EU Implementing Regulation |
11. Approval of establishments and plants | Articles 24, 44(3) and 55 of the EU Control Regulation | Regulation 13 of these Regulations and Articles 19, 32(7) and 33 of the EU Implementing Regulation |
12. General hygiene conditions | Article 25 of the EU Control Regulation | Articles 9(a), 19 and 20 of the EU Implementing Regulation |
13. Handling of animal by-products within food businesses | Article 26 of the EU Control Regulation | |
14. Own checks | Article 28 of the EU Control Regulation | |
15. Hazard analysis and critical control points | Article 29(1) to (3) of the EU Control Regulation | |
16. 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 | Articles 21 and 24(2) of the EU Implementing Regulation |
17. Placing on the market and use of organic fertilisers and soil improvers | Article 32(1) and (2) of the EU Control Regulation | Regulation 5 of these Regulations and Articles 22(1) to (3) F3... of the EU Implementing Regulation |
18. Collection and movement for manufacture of derived products | Article 34 of the EU Control Regulation except in so far as it relates to imports | Article 33 of the EU Control Regulation and Article 23 of the EU Implementing Regulation |
19. Prohibition on use for manufacture for products not within Article 33 or 36 of the EU Control Regulation Article | Article 24(1) of the EU Implementing Regulation | Articles 33 and 36 of the EU Control Regulation |
20. Placing on the market of pet food | Article 35 of the EU Control Regulation | Articles 3 and 24(3) of the EU Implementing Regulation |
21. Placing on the market of other derived products | Article 36 of the EU Control Regulation | Regulation 8 of these Regulations and Articles 3 and 24(1), (2) and (4) of the EU Implementing Regulation |
22. Safe sourcing | Article 37(2) of the EU Control Regulation | |
23. Export | Article 43 of the EU Control Regulation | |
24. Controls for dispatch | Article 48 of the EU Control Regulation | Articles 11(3), 12(3) and 31 of the EU Implementing Regulation |
25. Compliance with operating standards | Articles 10(1), 21(1), 22(1) and 24(3) of the EU Implementing Regulation | Regulation 9 of these Regulations |
SCHEDULE 2Consequential Amendments
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 19911
In regulation 2 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 M1—
a
in paragraph (1)(i), for “Article 7(1) or 7(2)” substitute “
Article 21(1) to (3)
”
; and
b
in paragraph (2), 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);
The Foot-and-Mouth Disease (England) Order 20062
1
The Foot-and-Mouth Disease (England) Order 2006 M2 is amended as follows.
2
In article 2(1), 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;
3
In article 26, in paragraph (2)(b) 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 and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011
”
.
4
In article 27(2)(c) for “Regulation (EC) No. 1774/2002, as amended” substitute “
Regulation (EC) No. 1069/2009
”
.
5
In Schedule 5—
a
in paragraph 20(4), 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 and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011
”
; and
b
in paragraph 33(4), 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 and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011
”
.
6
In Schedule 6—
a
in paragraph 2, 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 36 of Regulation (EC) No. 1069/2009 and point 28(c) and (d) of Annex I to Regulation (EU) No. 142/2011
”
;
b
in paragraph 3, 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, 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, for “point B(2)(d)(iv) of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002, as amended” substitute “
point 3(d) of Chapter I of Annex XIV to Regulation (EU) No. 142/2011
”
;
e
in paragraph 7, 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, 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
”
.
The Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 20063
For paragraph 18(4) of the Schedule to the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 M3 substitute—
4
The occupier of any premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) shall ensure that it is treated in accordance with—
a
Articles 15 and 32 of Regulation (EC) No. 1069/2009 of the European Parliament and of the Council; and
b
Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council.
The Avian Influenza (H5N1 in Poultry) (England) Order 20064
1
The Avian Influenza (H5N1 in Poultry) (England) Order 2006 M4 is amended as follows.
2
In article 2—
a
in the definition of “bird by-product”, for the words “Articles 4, 5 or 6 of Regulation (EC) No 1774/2002” substitute Articles 8, 9 or 10 of Regulation (EC) No. 1069/2009”;
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);
c
after the definition inserted by sub-paragraph (b) insert—
“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;
3
In article 3(6), for sub-paragraph (c) substitute—
c
the following plants if approved under Article 24 of Regulation (EC) No. 1069/2009—
i
incineration plants;
ii
co-incineration plants;
iii
processing plants;
iv
biogas plants;
v
composting plants;
vi
petfood plants.
4
In article 14—
a
for paragraph (2) substitute—
2
But a veterinary inspector or an inspector acting under the direction of a veterinary inspector may licence 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 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 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 which comply with the requirements of paragraph B of Section 3 of Chapter II of Annex X to that Regulation;
d
gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No. 142/2011 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 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 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 pet food within the meaning of paragraph 20 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of Chapter II of Annex XIII to that Regulation;
k
raw petfood within the meaning of paragraph 21 of Annex I to Regulation (EU) No. 142/2011 which complies with Chapter II of Annex XIII;
l
dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of Chapter II of Annex XIII to that Regulation;
m
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;
n
game trophies 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;
o
those by-products which are transported to designated plants within article 3(6)(c) for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;
p
those products which are transported to users or collection centres authorised and registered in accordance with Article 23 of Regulation (EU) No. 142/2011 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;
q
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 which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation;
r
poultry feathers, feathers from wild game birds 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.
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
”
.
The Avian Influenza (H5N1 in Wild Birds) (England) Order 20065
1
The Avian Influenza (H5N1 in Wild Birds) (England) Order 2006 M5 is amended as follows.
2
In article 2—
a
in the definition of “bird by-product” for the words “Articles 4, 5 or 6 of Regulation (EC) No. 1774/2002” substitute Articles 8, 9 or 10 of Regulation (EC) No. 1069/2009”;
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);
c
after the definition inserted by sub-paragraph (b) insert—
“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;
3
In article 13(1), for sub-paragraph (c) substitute—
c
the following plants if approved under Article 24 of Regulation (EC) No. 1069/2009—
i
incineration plants;
ii
co-incineration plants;
iii
processing plants;
iv
biogas plants;
v
composting plants;
vi
petfood plants
4
In Schedule 1—
a
in paragraph 13, 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 1 to Regulation (EU) No. 142/2011 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 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 which comply with the requirements of paragraph B of Section 3 of Chapter II of Annex X to that Regulation;
d
gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No. 142/2011 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 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 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 pet food within the meaning of paragraph 20 of Annex 1 to Regulation (EU) No. 142/2011 which complies with the requirements of Chapter II of Annex XIII to that Regulation;
k
raw pet food within the meaning of paragraph 21 of Annex I to Regulation (EU) No. 142/2011 which complies with Chapter II of Annex XIII;
l
dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of Chapter II of Annex XIII to that Regulation;
m
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;
n
game trophies 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;
o
those by-products which are transported to designated plants within article 13(1)(c), processing plants for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;
p
those products which are transported to users or collection centres authorised and registered in accordance with Article 23 of Regulation (EU) No. 142/2011 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;
q
untreated feathers or parts of untreated feathers produced from poultry within the meaning of paragraph 30 of Annex 1 to Regulation (EU) No. 142/2011 which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation;
r
poultry feathers, feathers from wild game birds 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
b
in paragraph 13(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
”
;
c
in paragraph 13(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
”
;
d
in paragraph 14(a), for “Regulation (EC) No. 1774/2002” substitute “
Regulation (EC) No. 1069/2009 and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011
”
;
e
in paragraph 15(a), for “Regulation (EC) No. 1774/2002” substitute “
Regulation (EC) No. 1069/2009 and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011
”
.
The Cattle Identification Regulations 20076
For paragraph 3(3) of Schedule 3 to the Cattle Identification Regulations 2007 M6, substitute—
3
If the Secretary of State does not provide a replacement, the animal to which it relates must not be moved off a holding except (under the authority of a licence granted by the Secretary of State) to—
a
a plant approved under Article 24(1)(a), (b), (c) or (h) of Regulation (EC) No. 1069/2009 of the European Parliament and of the Council; or
b
a registered collection centre which complies with Section 1 of Chapter II of Annex VI of Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council
The Legislative and Regulatory Reform (Regulatory Functions) Order 20077
In Part 2 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 M7, under the cross-heading “animal health and welfare”—
a
omit the entry “Animal By-Products Regulations 2005”; and
b
after the entry “Veterinary Medicines Regulations 2008” insert “
Animal By-Products (Enforcement) (England) Regulations 2013
”
.
The Animal Gatherings Order 20108
In article 8(2) of the Animal Gatherings Order 2010 M8, for “Animal By-Products Regulations 2005” substitute “
Regulation (EC) No. 1069/2009 of the European Parliament and of the Council
”
.
The Environmental Permitting (England and Wales) Regulations 20109
1
The Environmental Permitting (England and Wales) Regulations 2010 M9 are amended as follows.
2
In regulation 2(1)—
a
omit the definition “the Animal By-Products Regulations”; and
b
after the definition of “regulated facility” 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);
3
In Section 6.8 of Chapter 6 of Schedule 1, omit paragraph 1(g) and (i).
The Transmissible Spongiform Encephalopathies (England) Regulations 2010F210
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words in Sch. 1 substituted (31.12.2015) by The Animal By-Products (Enforcement) (England) (Amendment) Regulations 2015 (S.I. 2015/1980), regs. 1(b), 9