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3.—(1) Subject to paragraphs (2), (3) and (4), for the purposes of these Regulations “animal by-product” means any carcase or part of a carcase which is not intended for direct human consumption and which—
(a)is derived from an animal which—
(i)has died;
(ii)has been killed in a knacker’s yard;
(iii)has been killed in a place other than a slaughter-house;
(iv)is stillborn or unborn;
(v)has been killed for reasons of disease control;
(vi)has been slaughtered for human consumption and, during the ante-mortem or post-mortem inspection carried out in connection with such slaughter, has shown signs of any disease communicable to humans or animals; or
(vii)has been slaughtered for human consumption but has not been presented for post-mortem inspection in accordance with the Hygiene Regulations;
(b)is spoiled in any way so as to present a risk to human or animal health; or
(c)contains residues of any substances which may pose a risk to human or animal health.
(2) In these Regulations, “animal by-product” does not include any animal excreta or catering waste or meat cooked or denatured at a knacker’s yard for use as food for animals whose flesh is not intended for human consumption.
(3) In these Regulations, the definition of “animal by-product” shall also include—
(a)any carcase or part of a carcase which is derived from a bovine animal which has been slaughtered for human consumption and has been shown to be more than 2½ years of age at the time of slaughter but was not accompanied, at the time of slaughter, by a slaughter certificate issued under regulation 5(1) of the Fresh Meat (Beef Controls) Regulations (Northern Ireland) 1996(1) or a scheme made by the Department which provides an exception to the prohibition of sale of meat from bovine animals which are older than that age at slaughter;
(b)any carcase or part of a carcase which is unfit for human consumption.
(4) For the purposes of paragraph (3)(b)—
(a)a carcase or part of a carcase destined for, or coming from, a knacker’s yard situated in the United Kingdom;
(b)a carcase or part of a carcase which does not bear a mark to indicate that it has been inspected, and passed as fit for human consumption, by a person authorised under the Order, the Food Safety Act 1990(2) or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1995;
(c)an imported carcase or part of a carcase which has not been imported in accordance with the Imported Food Regulations (Northern Ireland) 1991(3), the Imported Food Regulations 1984(4) or the Imported Food (Scotland) Regulations 1985(5); and;
(d)a carcase or part of a carcase which has not been handled or kept in a hygienic manner,
shall be presumed, until the contrary is proved, to be unfit for human consumption.
S.R. 1996 No. 404 as amended by S.R. 1996 No. 506
S.R. 1991 No. 475 as amended by S.R. 1997 No. 499
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