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5.—(1) Subject to the provisions of this Article, any person who has in his possession or under his control any animal by-product shall without undue delay consign it for, or dispose of it by—
(a)rendering or part-rendering in premises approved under Article 7;
(b)incineration;
(c)burning other than in an incinerator, or burying, if—
(i)it is in a place where access is difficult; or
(ii)the quantity of by-product and the distance to premises in which disposal is permitted under this Article do not justify transporting it;
(d)use for diagnostic, educational or research purposes;
(e)in the case of low risk material, production of petfood or pharmaceutical or technical products, or storage for the production of petfood at premises registered under Article 15;
(f)treatment at a knacker’s yard approved under Article 17 or feeding to zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait at premises registered under Article 16, provided that the material consigned is—
(i)a by-product referred to in paragraph (b), (c) or (g)(i) of the definition of high risk material in Article 2(1) (provided that it is not from an animal slaughtered as a result of the presence or suspected presence of a notifiable disease listed in Annex I to Council Directive 82/894/EEC (on the notification of animal diseases within the Community)(1)); or
(ii)low risk material; or
(g)export from Northern Ireland.
(2) If the Department serves on the person in charge of any animal by-product a notice certifying that—
(a)the by-product is from animals infected or suspected of being infected with an epizootic disease and should not be transported because of health risks;
(b)the by-product contains, or is suspected of containing, residues or pathogens which could constitute a risk to human or animal health and which could survive rendering; or
(c)there is a lack of capacity at rendering premises or incinerators,
then that person shall, without undue delay, dispose of the by-product by burning or by burial as may be specified in the notice.
(3) A person shall not feed to any ruminant animal, pig or poultry or allow any ruminant animal, pig or poultry to have access to, any unrendered animal by-product.
O.J. No. L378, 31.12.82 as amended by Council Regulation (EEC) No. 3768/85 (O.J. No. L362, 31.12.85. p. 8), Commission Decision 89/162/EEC (O.J. No. L61, 4.3.89, p. 48), and Commission Decision 92/450/EEC (O.J. No. L248, 28.8.92, p. 77)
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