The Animal By-Products (Wales) Regulations 2003

PART 1 Introduction

Title, application and commencement

1.  These Regulations may be cited as the Animal By-Products (Wales) Regulations 2003; they apply in relation to Wales and come into force on 31 October 2003.

Interpretation

2.—(1) In these Regulations —

“approval” (“cymeradwyaeth”) and “authorisation” (“awdurdodiad”) means an approval or authorisation granted by the National Assembly for Wales;

“the Community Regulation” (“Rheoliad y Cyngor”) 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(1) as amended by and 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(2);

(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(3);

(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(4);

(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(5);

(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(6);

(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(7);

(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 carcases containing them(8);

“inspector” (“arolygydd”) means a person appointed by the National Assembly or a local authority to be an inspector for the purposes of these Regulations;

“local authority” (“awdurdod lleol”) means in respect of a county or county borough the council of that county or county borough;

“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“poultry” (“dofednod”) includes birds of all species including wild birds.

(2) Expressions defined in the Community Regulation have the same meaning in these Regulations, and Category 1 material, Category 2 material and Category 3 material comprises the animal by-products set out in Articles 4, 5 and 6 respectively of the Community Regulation.

Approvals etc.

3.  Any approval, authorisation, registration, instructions or notice issued under these Regulations or the Community Regulation shall be in writing, and may be made subject to such conditions as are necessary to —

(a) ensure that the provisions of the Community Regulation and these Regulations are complied with; and

(b) protect public and animal health.

PART 2 Collection, transportation, storage, handling, processing and disposal of animal by-products

Category 1 material

4.—(1) Any person who possesses or who has control over any Category 1 material and who fails to comply with Article 4(2) or Article 4(3) of the Community Regulation will be guilty of an offence.

(2) For the purposes of Article 4(2)(b) of the Community Regulation the material may be processed using any of the processing methods 1 to 5.

(3) This regulation will not apply in relation to material referred to in Article 4(1)(e) of the Community Regulation (catering waste from means of transport operating from outside the Community).

Category 2 material

5.—(1) Any person who possesses or who has control over any Category 2 material and who fails to comply with Article 5(2), Article 5(3) or Article 5(4) (other than the provision in Article 5(4) relating to export) of the Community Regulation will be guilty of an offence.

(2) For the purposes of Article 5(2)(b) of the Community Regulation the material may be processed using any of the processing methods 1 to 5.

(3) For the purposes of Article 5(2)(e) of the Community Regulation the animal by-products specified in that sub-paragraph may be applied to land provided that the National Assembly has not imposed any restrictions relating to animal health in relation to those by-products.

Category 3 material

6.  Any person who possesses or who has control over any Category 3 material and who fails to comply with Article 6(2) or Article 6(3) of the Community Regulation will be guilty of an offence.

Mixing mammalian and non-mammalian by-products

7.  Where mammalian by-products and non-mammalian by-products are mixed the mixture shall be regarded as mammalian by-products.

Collection, transportation and storage

8.—(1) Any person who fails to comply with Article 7(1), 7(2) or 7(5) of the Community Regulation will be guilty of an offence.

(2) For the purposes of paragraph (1), if different categories of animal by-products are transported in one vehicle but in different containers or compartments, and complete separation of the different kinds of by-products cannot be guaranteed, the by-products transported shall be treated in accordance with the requirements for the highest risk by-product transported.

(3) In accordance with Article 7(6) of the Community Regulation, the provisions of Article 7 shall not apply in relation to manure transported within the United Kingdom.

PART 3 Restrictions on access to animal by-products and their use

Access to animal by-products

9.—(1) No person shall feed any animal by-product (other than liquid milk or colostrum used on the farm of origin) to any farmed animal, or any other animal, pig or poultry, unless it has been processed in a Category 3 approved processing plant.

(2) No person shall allow any farmed animal, or any other ruminant animal, pig or poultry, to have access to any animal by-product (other than milk, colostrum or manure) unless it has been —

(a) processed in an approved processing plant;

(b) treated in an approved biogas or composting plant; or

(c) (in the case of digestive tract content) applied to land at least three weeks before the access.

(3) Subject to paragraph (4), no person shall bring any animal by-product (other than milk, colostrum, manure or digestive tract content) on to any premises where any farmed animal, or any other ruminant animal, pig or poultry, is kept, unless it has been —

(a) processed in an approved processing plant; or

(b) treated in an approved biogas or composting plant.

(4) Paragraph (3) shall not apply to —

(a) animal by-products brought on to premises in a vehicle which enters the premises in order to collect other by-products, provided that the by-products brought on to the premises are not removed from the vehicle while it is on the premises; or

(b) animal by-products brought on to collection centres, petfood plants, incinerators or other approved premises which are situated on the same premises as the animals specified in that paragraph and which were in operation on 1st November 2002 provided that the animals do not have access to the by-products.

(5) No person shall allow any animals to have access to material in a biogas or composting plant, except in the case of wild birds which may have access to such material during the secondary or subsequent phase of composting.

(6) In this regulation “animal by-product” includes catering waste of all kinds, including catering waste to which the Community Regulation does not apply because of Article 1.2(e) of that Regulation.

(7) This regulation does not prohibit feeding animal by-products to animals under Article 23(2) of the Community Regulation as enforced by regulation 26(3) of these Regulations.

(8) Any person who fails to comply with any provision of this regulation will be guilty of an offence.

Restrictions on use

10.  Subject to regulation 12(1), any person who fails to comply with Article 22(1) of the Community Regulation will be guilty of an offence.

Pasture land

11.—(1) For the purposes of Article 22(1)(c) of the Community Regulation, pasture land is land which is intended to be used for grazing or cropping for feedingstuffs following the application or deposit of organic fertilisers and soil improvers within the following periods —

(a) two months in the case of pigs; and

(b) three weeks in the case of other farmed animals.

(2) Any person who —

(a) uses pasture land for grazing within the period specified in paragraph (1); or

(b) feeds to pigs or other farmed animals within that period anything cropped from pasture land during that period;

will be guilty of an offence.

Intra-species recycling of fish

12.—(1) Notwithstanding regulation 10, it will not be an offence under these Regulations to feed fish with processed animal protein derived from the bodies or parts of bodies of fish (other than farmed fish of the same species) if this is done in accordance with Articles 2 to 4 of, and Annex 1 to, Commission Regulation (EC) No. 811/2003.

(2) The National Assembly will be the competent authority for the purposes of Article 5 of Commission Regulation (EC) No. 811/2003.

(3) In accordance with Article 10 of Commission Regulation (EC) No. 811/2003 this regulation will not apply until 1 January 2004.

PART 4 Approved premises and competent authorities

The competent authority

13.—(1) The National Assembly will be the competent authority for the purposes of granting approvals under Chapter III and Chapter IV of the Community Regulation, the Annexes that Regulation and these Regulations.

(2) The National Assembly will also be the competent authority for —

(a) checking intermediate plants in accordance with Articles 10(2)(d) and 10(3)(d) of the Community Regulation;

(b) checking storage plants in accordance with Article 11(2)(b) of that Regulation;

(c) validating and checking Category 1 and Category 2 processing plants in accordance with Articles 13(2)(c) and 13(2)(e) of that Regulation, supervising Category 1, 2 and 3 plants in accordance with Annex V, Chapter IV, paragraph 1 to that Regulation, and validating those plants in accordance with Annex V, Chapter V, paragraph 1 to that Regulation;

(d) authorising the temporary use of a Category 2 processing plant for the processing of Category 1 material in accordance with Annex VI, Chapter 1, paragraph 2 to that Regulation;

(e) checking oloechemical plants in accordance with Article 14(2)(d) of that Regulation and the person to whom records shall be produced in accordance with article 14(2)(c) of that Regulation;

(f) checking biogas plants and composting plants in accordance with Article 15(2)(c) of that Regulation;

(g) validating and checking Category 3 processing plants in accordance with Article 17(2)(c) and 17(2)(e) of that Regulation;

(h) authorising the temporary use of a Category 3 processing plant for the processing of Category 1 or Category 2 material in accordance with Annex VII, Chapter 1, paragraph 2 to that Regulation, or the use of a Category 2 processing plant as a collection centre in accordance with Annex IX, paragraph 3 of that Regulation;

(i) receiving records relating to a petfood or technical plant which must be produced in accordance with Article 18(2)(a)(iv) of that Regulation;

(j) recognising laboratories for the purposes of analysing samples from petfood and technical plants in accordance with Article 18(2)(a)(iii) of that Regulation, receiving information under Article 18(2)(a)(v) of that Regulation, and checking petfood plants and technical plants in accordance with Article 18(2)(b) of that Regulation;

(k) carrying out inspection and supervision in accordance with Article 26 of that Regulation;

(l) giving instructions for the purposes of Annex II, Chapter II, paragraph 4 to that Regulation;

(m) the presentation of commercial documents under Annex II, Chapter V to that Regulation;

(n) authorising a representative point in the combustion chamber of an incinerator in accordance with Annex IV, Chapter II, paragraph 3 of that Regulation, and inspecting them in accordance with Annex IV, Chapter VII, paragraph 8 of that Regulation(9);

(o) authorising specific requirements in accordance with Annex VI, Chapter II, Part C, paragraphs 14 and 15 of that Regulation(10).

Approval of premises

14.—(1) No person may operate any —

(a) category 1,2 or 3 intermediate plant;

(b) storage plant;

(c) incineration or co-incineration plant;

(d) category 1 or category 2 processing plant;

(e) category 2 or category 3 oleochemical plant;

(f) biogas or composting plant;

(g) category 3 processing plant;

(h) petfood or technical plant;

for the storage, processing, treatment, disposal or use of animal by-products, unless the premises, the operator of the premises and any equipment are approved for that purpose in accordance with these Regulations and the Community Regulation.

(2) The operator of approved premises must ensure that —

(a) the premises are maintained and operated in accordance with —

(i) the conditions of approval, and

(ii) the requirements of the Community Regulation and these Regulations; and

(b) any person employed by the operator, and any person permitted to enter the premises, complies with these conditions and requirements.

(3) The operator of a high capacity incineration plant must dispose of the ash in accordance with Annex IV, Chapter VII, paragraph 4 of the Community Regulation in the same way as the operator of a low capacity incineration plant.

(4) Any person who fails to comply with any provision of this regulation will be guilty of an offence.

Biogas and composting plants

15.—(1) The provisions of Part I of Schedule 1 to these Regulations will apply in a biogas and composting plant used for treating animal by-products (including catering waste) in addition to the requirements of paragraphs 1 to 11 of Annex VI, Chapter II to the Community Regulation.

(2) In accordance with Article 6.2(g) and Annex VI, Chapter II, paragraph 14 of the Community Regulation—

(a) catering waste may be treated in a biogas or composting plant either in accordance with Annex VI, Chapter II, paragraphs 12 or 13 of the Community Regulation or in accordance with Part II of Schedule 1 to these Regulations; and

(b) any other animal by-product treated in a biogas or composting plant must be treated in accordance with Annex VI, Chapter II, paragraphs 12 or 13 of the Community Regulation.

(3) Any person who fails to comply with any provision of this regulation will be guilty of an offence.

Composting catering waste on the premises on which it originates

16.  In accordance with Article 6.2(g) and Annex VI, Chapter II, paragraph 14 of the Community Regulation, the provisions of that Chapter and of regulation 14(1)(f) above do not apply to the composting of Category 3 catering waste on the premises on which it originates provided that —

(a) the decomposed material is only applied to land at those premises,

(b) no ruminant animals or pigs are kept at the premises, and

(c) if poultry is kept on the premises the material is composted in a secure container which prevents the poultry having access to it during decomposition.

Processing and intermediate plants own checks

17.—(1) Any person who fails to comply with Article 25(1) of the Community Regulation will be guilty of an offence.

(2) Any person who fails to comply with Article 25(2) of the Community Regulation will be guilty of an offence.

(3) The operator must record the action taken in accordance with Article 25(2) of the Community Regulation, and failure to do so will be an offence.

Sampling at processing plants

18.—(1) If a processing plant is processing Category 1 or Category 2 material, and the processed material is to be sent to landfill (or, in the case of Category 2 material, a biogas or composting plant) the operator must, not less than once every week —

(a) take from the outlet of the cooker in which the material is processed a sample of at least 50 grams of processed material; and

(b) send the sample to a laboratory approved to test it for Clostridium perfingens.

(2) In the case of Category 3 processing plants, where the processed material is intended for use in feedingstuffs, the operator must —

(a) take a representative sample of the material on each day that the material is consigned from the premises; and

(b) send the sample to a laboratory approved to test it for Salmonella and Enterobacteriaceae.

(3) In the case of Category 3 processing plants, where the processed material is not intended for use in feedingstuffs, the operator must —

(a) take a sample, not less than once every week of the material that is consigned from the premises; and

(b) send the sample to a laboratory approved to test it for Salmonella and Enterobacteriaceae.

(4) Any person who fails to comply with any provision of this regulation will be guilty of an offence.

Sampling at biogas and composting plants

19.—(1) In the case of biogas and composting plants, the operator must, at intervals specified in the approval, take a representative sample of material that has been treated to the time temperature parameters specified in Part II of Schedule 1 to these Regulations or the Community Regulation and send it for testing for Salmonella and Enterobacteriaceae (or, in the case of material derived from catering waste, Salmonella only) in a laboratory approved to carry out those tests.

(2) No person may consign any material from a biogas or composting plant until the results of the test are received from the laboratory.

(3) In the event of tests establishing that treated material does not comply with the limits in Annex VI, Chapter II, paragraph 15 to the Community Regulation, the operator must —

(a) immediately notify the National Assembly giving full details of the failure, the nature of the sample and the batch from which it was derived;

(b) ensure that no digestion residue or compost suspected or known to be contaminated is moved from the premises unless —

(i) it has been re-treated under the supervision of the National Assembly and resampled and re-tested by the National Assembly, and the re-testing has shown that the re-treated digestion residue or compost complies with the standards in the Community Regulation; or

(ii) it is consigned for processing or incineration at an approved processing plant or incinerator or (in the case of catering waste) it is consigned to landfill; and

(c) record the action taken in accordance with this regulation.

(4) Any person who fails to comply with any provision of this regulation will be guilty of an offence.

Samples sent to laboratories

20.—(1) Whenever an operator sends a sample to a laboratory in accordance with this Part, the operator must 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 description and identity of the sample.

(2) It will be an offence for any person to tamper with a sample taken under these Regulations with intent to affect the result of the test.

(3) The operator must keep a record of all results of laboratory tests.

(4) Any person who fails to comply with any provision of this regulation will be guilty of an offence.

Laboratories

21.—(1) The National Assembly may approve laboratories under this regulation to carry out one or more of the tests in this regulation if it is satisfied that those laboratories have the necessary facilities, personnel and operating procedures to do so.

(2) In deciding whether to grant or continue an approval, the National Assembly may require the laboratory to successfully undertake any quality control tests as the National Assembly reasonably thinks fit.

(3) The operator of a laboratory approved under this regulation carrying out tests for the purposes of these Regulations or the Community Regulation must do so in accordance with the following provisions, and failure to do so will be on offence.

(4) A test for Clostridium perfingens must be carried out in accordance with the method in Schedule 2, or (if specified in the approval) with a method which conforms with ISO 7937/1997 (BS-EN 13401:1999) (Enumeration of Clostridium perfingens) or an equivalent method(11).

(5) A test for salmonella must be carried out in accordance with the method in Schedule 2, or (if specified in the approval) with a method which conforms with —

(a) ISO 6579/2002/BS-EN 12824:1998 (Detection of Salmonella) or an equivalent method(12); or

(b) NMKL 71: 1993 or an equivalent method(13).

(6) A test for Enterobacteriaceae must be carried out in accordance with the method in Schedule 2, or (if specified in the approval) with a method which conforms with ISO 7402/1993 (BS 5763: Part 10: 1993) (Enumeration of Enterobacteriaceae) or an equivalent method(14).

(7) Where tests are carried out for the detection of any of the following, the operator of a laboratory approved under this regulation must immediately notify the National Assembly and the operator of the premises if —

(a) the tests fail to establish that the material is free from Clostridium perfringens;

(b) the tests fail to establish that the material is free from Salmonella; and

(c) the material does not pass the test for Enterobacteriaceae in paragraph 5 Part III of Schedule 2;

and failure to do so will be an offence.

(8) The operator of a laboratory approved under this regulation must in relation to processed material notify the National Assembly on the first day of each month of the number, type and results of tests carried out during the month before, and failure to do so will be an offence.

(9) Reprocessing in accordance with Article 25(2)(c) and (d) of the Community Regulation must be carried out under the supervision of the National Assembly.

(10) If the sample has been sent to the approved laboratory from premises outside Wales, the requirement in paragraph (7) to notify the National Assembly shall be construed as a requirement to notify the competent authority for the premises from which the sample was sent.

PART 5 Placing animal by-products and processed products on the market

Placing on the market of processed animal protein and other processed products that could be used as feed material

22.  Any person who places on the market processed animal protein or other processed products that could be used as feed material which do not meet the requirements of Article 19 of the Community Regulation will be guilty of an offence.

Placing on the market of petfood, dogchews and technical products

23.—(1) Any person who places on the market petfood, dogchews, technical products (other than fat derivatives produced from Category 2 material) or those animal by-products referred to in Annex VIII to the Community Regulation, which do not meet the requirements of Article 20(1) of that Regulation will be guilty of an offence.

(2) Any person who places on the market fat derivatives produced from Category 2 material which do not meet the requirements of Article 20(3) of the Community Regulation will be guilty of an offence.

Placing on the market of compost or digestion residues for use on agricultural land

24.  Any person who places on the market compost or digestion residues for use on agricultural land must ensure that it is labelled or accompanied by documentation in such a way that the recipient’s attention is drawn to the requirements of regulation 11 (provisions relating to pasture land) and any person who fails to do so will be guilty of an offence.

PART 6 Derogations

Competent authority for Chapter V of the Community Regulation

25.  The National Assembly will be the competent authority for the purposes of Chapter V of the Community Regulation.

Derogations regarding the use of animal by products

26.—(1) The use of animal by-products for diagnostic, educational or research purposes is permitted if it is in accordance with an authorisation.

(2) The use of animal by-products for taxidermy is permitted if —

(a) it is in accordance with an authorisation; and

(b) it is in an approved technical plant.

(3) The feeding of animal by-products specified in Article 23(2)(b) of the Community Regulation to —

(a) zoo animals;

(b) circus animals;

(c) reptiles and birds of prey other than zoo or circus animals;

(d) dogs from recognised kennels or recognised packs of hounds; or

(e) maggots for fishing bait;

is permitted if it is in accordance with an authorisation

(4) The National Assembly is to maintain a register of premises used for the feeding of such animal by-products to zoo or circus animals, dogs from recognised kennels or recognised packs of hounds and maggots 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.

(5) Any person who uses animal by-products for any of the purposes in this regulation other than in accordance with an authorisation will be guilty of an offence.

Collection centres

27.—(1) For the purposes of Article 23(2) of the Community Regulation, no person may operate a collection centre as defined in Annex 1 of the Community Regulation, for the purposes of feeding animal by-products to —

(a) dogs from recognised kennels or recognised packs of hounds; or

(b) maggots for fishing bait;

unless the premises and the operator of the premises are authorised.

(2) The operator of the authorised premises must —

(a) ensure that the premises are maintained and operated in accordance with —

(i) the conditions of authorisation; and

(ii) the requirements of the Community Regulation and these Regulations; and

(b) ensure that any person employed by the operator, and any person invited to the premises complies with these conditions and requirements.

(3) Any person who fails to comply with any provision of this regulation will be guilty of an offence.

Burial of pet animals

28.  In accordance with Article 24(1)(a) of the Community Regulation, dead pet animals may be buried.

Burial in the event of a disease outbreak

29.—(1) In accordance with Article 24(1)(c) of the Community Regulation, if there is an outbreak of disease mentioned in List A of the International Office of Epizootic Diseases, it shall not be an offence under these Regulations for animal by-products to be disposed of as waste by burning or burial on site (as defined in Part A of Annex II to Commission Regulation (EC) No. 811/2003) if the animal by-product is transported, and buried or burnt, in accordance with —

(a) a notice given by the National Assembly under Article 24(1)(c) authorising disposal in accordance with that provision; and

(b) the provisions of Article 6 of and Part B of Annex II to Commission Regulation (EC) No. 811/2003.

(2) The National Assembly will be the competent authority for the purposes of Article 6 of and Part B of Annex II to Commission Regulation (EC) No. 811/2003.

Burning and burial of bees and apiculture products

30.  In accordance with Article 8 of Commission Regulation (EC) No. 811/2003, bees and Category 2 apiculture products may be disposed of by burial or burning on site if this is done in accordance with that Article.

PART 7 Records

Records

31.  Any record required to be kept under these Regulations may be in written or electronic form and must be kept for at least two years.

Records for consigning, transporting or receiving animal by-products

32.  Any person who fails to comply with Article 9(1) of the Community Regulation will be guilty of an offence.

Records for burying or burning of animal by-products

33.  Any person who fails to comply with Article 9 of Commission Regulation (EC) No. 811/2003 will be guilty of an offence.

Records for disposal or use on premises

34.—(1) Subject to paragraph (2), an operator of any premises who disposes or uses any animal by-product (other than manure or material excluded from the Community Regulation by Article 1(2) of that Regulation), or processed product on the premises must make on disposal or use a record of each disposal or use showing the date on which the animal by product was disposed of or used and the quantity and description of the material disposed of or used, and failure to do so will be an offence.

(2) The requirement in paragraph (1) shall not apply to disposal on the premises by feeding of animal by-products or processed products to reptiles and birds of prey other than zoo or circus animals.

Delivery records to be kept by operators of approved biogas and composting plants

35.—(1) The operator of any biogas or composting plant receiving catering waste must record —

(a) the date on which the catering waste was delivered to the premises;

(b) the quantity and description of the catering waste, including a statement of whether measures were taken at source to ensure that meat was not included in the waste; and

(c) the name of the haulier;

and failure to do so will be an offence.

Treatment records for biogas and composting plants

36.  The operator of a biogas or composting plant treating catering waste or other animal by-products must record —

(a) the dates on which the material is treated;

(b) a description of the material treated;

(c) the quantity of material treated;

(d) the result of all checks carried out at the critical points identified under paragraph 4 of Part I of Schedule 1; and

(e) sufficient information to show that the material has been treated to the required parameters;

and failure to do so will be an offence.

Records for approved laboratories

37.  The operator of a laboratory approved under regulation 21 must 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 description and 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;

and failure to do so will be an offence.

Records to be kept for consignments of compost or digestion residue

38.—(1) Subject to paragraph (2), the occupier of premises on which ruminant animals, pigs or poultry are kept must record —

(a) the date on which the compost or digestion residue is brought on to those premises;

(b) the quantity and description of the compost or digestion residue;

(c) the land to which the compost or digestion residue is applied;

(d) the date of such application; and

(e) the date on which the land is first cropped or the date on which ruminant animals, pigs or poultry were allowed access to the land, whichever is the sooner;

and failure to do so will be an offence.

(2) The requirement in paragraph (1) to keep records will not apply in the case of any supply of compost or digestion residue for use at any premises used only as a dwelling.

PART 8 Administration and enforcement

Grants of approvals

39.—(1) The National Assembly may grant an approval under these Regulations if it is satisfied that the requirements of the Community Regulation and these Regulations will be complied with.

(2) An approval must specify —

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

(b) the parts of the premises in which the animal by-products may be received and processed or treated; and

(c) the equipment, the methods in accordance with which, and the parameters within which, the animal by-products must be processed or treated.

(3) If the National Assembly refuses to grant the approval, or approves it subject to a condition, it must by notice in writing served on the applicant —

(a) give the reasons for that refusal or condition; and

(b) advise of the rights of the applicant to make written representations to the National Assembly within 21 days beginning on the date on which the notice is served and to be heard by an independent person appointed by the National Assembly.

Suspension, amendment or revocation of approvals, authorisations and registrations

40.—(1) The National Assembly, by notice in writing served on the operator —

(a) must suspend an approval, authorisation or registration if it is satisfied that any of the conditions under which the approval, authorisation or registration was granted are not fulfilled; and

(b) may suspend or amend an approval, authorisation or registration if it is satisfied that the provisions of the Community Regulation or these Regulations are not being complied with.

(2) A suspension or amendment under paragraph (1) —

(a) must have immediate effect if the National Assembly considers that this is necessary for the protection of public or animal health;

(b) otherwise it will have effect on the date stated in the notice which shall not be less than 21 days following service of the notice.

(3) The notice must —

(a) specify the date on which it takes effect;

(b) give the reasons for the suspension or amendment (and, in a case under sub-paragraph (2)(a), the reasons why immediate suspension or amendment is considered necessary); and

(c) explain the right of the operator of the premises to make written representations to the National Assembly within a period of 21 days beginning with the date on which the notice is served and to be heard by an independent person appointed by the National Assembly.

(4) Where there is an appeal under regulation 41, the amendment or suspension will not have effect until the final determination by the National Assembly in accordance with the following regulation, unless the National Assembly reasonably considers that it is necessary for the protection of public or animal health for the amendment or suspension to have effect from an earlier date, which must be specified in a notice in writing to the operator.

(5) The National Assembly by notice in writing may revoke an approval or registration if it is satisfied, taking into account all the circumstances of the case, that the premises will not be operated in accordance with the Community Regulation and these Regulations—

(a) following an appeal in accordance with the following regulation which upholds a suspension; or

(b) after a period of 21 days following service of the notice of amendment or suspension where there has been no such review.

Appeals

41.—(1) An applicant or operator on whom a notice is served under regulation 39 or 40 may within 21 days beginning with the day on which the notice is served —

(a) provide written representations to the National Assembly; and

(b) provide notice of whether or not they wish to appear before an independent person appointed by the National Assembly.

(2) Where an applicant or operator gives notice of their wish to appear before and be heard by an independent person —

(a) the National Assembly must appoint an independent person to hear representations and specify a time limit within which representations must be made;

(b) the appointed person must not, except with the consent of the applicant or operator, be an officer of the National Assembly;

(c) if the applicant or operator so requests the hearing must be in public;

(d) if the applicant or operator so requests, the National Assembly must provide them with a copy of the report of the appointed person.

(3) The independent person must report to the National Assembly.

(4) The National Assembly must give to the applicant or operator written notification of its final determination and the reasons for it.

(5) The National Assembly will be responsible for meeting the reasonable fees and expenses of the independent person in relation to the appeal except —

(a) where it confirms the notice served under regulation 39 or 40; and

(b) it is satisfied it is reasonable in all the circumstances for the applicant or operator to bear some or all of the expense.

(6) Where the National Assembly is satisfied that it is reasonable in all the circumstances for the applicant or operator to bear some or all of the reasonable fees and expenses of the independent person, it must give notice to the applicant or operator of the proportion which it is satisfied the applicant or operator should bear.

(7) The applicant, operator and the National Assembly will each be responsible for their own costs incurred in relation to the appeal.

Notice requiring the disposal of animal by-products or catering waste

42.  If an inspector considers it necessary for animal or public health purposes or if any provision of these Regulations or the Community Regulation is not being complied with, the inspector may —

(a) serve a notice on any person in possession or control of any animal by product requiring that person to dispose of it as may be specified in the notice, or

(b) serve a notice on the occupier of any premises prohibiting animal by-products being brought on to the premises, or only permitting this in a way specified in the notice.

Cleansing and disinfection

43.—(1) If an inspector reasonably suspects that any vehicle, container or premises to which these Regulations or the Community Regulation apply constitutes an animal or public health risk, the inspector 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 any animal by-product into the vehicle or container or on to the premises until such time as the required cleansing and disinfection has been satisfactorily completed.

Compliance with notices

44.—(1) Any notice served under these Regulations must 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.

(2) Any person on whom a notice is served who contravenes or fails to comply with the provisions of that notice will be guilty of an offence.

Powers of entry

45.—(1) An inspector, on producing, if so required, some duly authenticated document showing the authority of the inspector, may enter at all reasonable hours any premises (excluding any premises used only as a dwelling) for the purpose of administering and enforcing these Regulations and the Community Regulation.

(2) An inspector may —

(a) seize any animal by-products and dispose of them as necessary;

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

(c) take any samples;

(d) have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations or the Community Regulation, or remove such records to enable them to be copied;

(e) have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford the inspector such assistance as the inspector may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;

(f) mark any animal, animal by-product or other thing for identification purposes; and

(g) take with him or her —

(i) such other persons as the inspector considers necessary;

(ii) any representative of the European Commission acting for the purpose of the Community Regulation.

(3) Any person who defaces, obliterates or removes any mark applied under paragraph (2) will be guilty of an offence.

(4) If a justice of the peace, on sworn information in writing, is satisfied that there is a reasonable ground for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in this regulation and either —

(a) admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b) an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent,

the justice of the peace may issue a warrant authorising an inspector to enter the premises for that purpose if need be by reasonable force.

(5) Every warrant issued under this regulation will continue in force for a period of one month.

(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may be accompanied by —

(a) such other persons as the inspector considers necessary; and

(b) any representative of the European Commission acting for the purpose of the Community Regulation.

(7) If an inspector enters any unoccupied premises the inspector shall leave them as effectively secured against unauthorised entry as the inspector found them.

(8) In this regulation “premises” includes any vehicle or container.

Obstruction

46.—(1) Any person who —

(a) intentionally obstructs any person acting in the execution of these Regulations,

(b) without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the performance of the functions of that person under these Regulations,

(c) furnishes to any person acting in the execution of these Regulations any information which that person so furnishing knows to be false or misleading; or

(d) fails to produce a record when required to do so to any person acting in the execution of these Regulations;

will be guilty of an offence.

(2) Nothing in paragraph (1)(b) may be construed as requiring any person to answer any question or give any information if to do so might incriminate that person.

Penalties

47.—(1) A person guilty of an offence under these Regulations will be liable —

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both; or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.

(2) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —

(a) any director, manager, secretary or other similar person of the body corporate, or

(b) any person who was purporting to act in any such capacity,

that person, as well as the body corporate, will be guilty of the offence and will be liable to be proceeded against and punished accordingly.

(3) For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Enforcement

48.—(1) These Regulations are to be enforced by the National Assembly in relation to —

(a) premises which are licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995(15);

(b) premises which are licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(16);

(c) premises which are licensed under the Wild Game Meat (Hygiene and Inspection) Regulations 1995(17);

(d) combined premises as defined in the Meat Products (Hygiene) Regulations 1994(18);

(e) combined premises as defined in the Minced Meat and Meat Preparations (Hygiene) Regulations 1995(19).

(2) Other than as specified in paragraph (1) these Regulations are to be enforced by the local authority.

(3) The National Assembly may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation is to be discharged by the National Assembly and not by the local authority.

Service of notices and other documents

49.—(1) Any notice or other document to be served under or in relation to these Regulations may be served either —

(a) by delivering it to the person on whom it is to be served; or

(b) by leaving it, or sending it by post to that person at the usual or last known address of that person; or

(c) in the case of an incorporated body, by delivering it to that body’s secretary or clerk at their registered or principal office, or by sending it by post to that person at that office.

(2) Where a notice or other document is to be given or served on the owner, proprietor, operator or occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person to or on whom it should be given or served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of “owner”, “proprietor”, “operator” or “occupier” of the premises (naming them) and —

(a) by delivering it to some person on the premises; or

(b) if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

Transitional provisions

50.—(1) Schedule 3 (transitional measures) will have effect.

(2) Part I of Schedule 3 (intra-species recycling of fish) shall cease to have effect on 1st January 2004.

(3) Part II of Schedule 3 (collection, transportation and disposal of former foodstuffs) shall cease to have effect on 1st January 2006.

(4) Part III of Schedule 3 (used cooking oil in animal feed) will cease to have effect on 1st November 2004.

(5) Part IV of Schedule 3 (mammalian blood) will cease to have effect on 1st January 2005.

(6) Part V of Schedule 3 (oleochemical plants using rendered fats from Category 2 and 3 materials) will cease to have effect on 1st November 2005.

(7) Part VI of Schedule 3 (low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk materials or carcases containing them) will cease to have effect on 1st January 2005.

Amendments and Revocations

51.—(1)  The TSE (Wales) Regulations 2002 are amended in accordance with Schedule 4.

(2) In so far as they apply to Wales, the Animal By-Products Order 1999(20) and the Animal By-Products (Amendment) (Wales) Order 2001(21) are revoked.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(22)

D. Elis-Thomas

The Presiding Officer of the National Assembly

29th October 2003