PART IINTRODUCTION

Citation and commencement

1.  These Regulations may be cited as the Animal By-Products Regulations (Northern Ireland) 2003 and shall come into operation on 3rd December 2003.

Interpretation

2.—(1) In these Regulations –

“approval” and “authorisation” mean respectively an approval or authorisation granted by the Department under or for the purposes of these Regulations;

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

“the Department” means the Department of Agriculture and Rural Development;

“inspector” means a person appointed by the Department, or the Department of the Environment or a district council to be an inspector for the purposes of these Regulations;

“poultry” includes birds of all species including wild birds.

(2) In these Regulations references to –

(a)Category 1 material, Category 2 material and Category 3 material shall be taken to comprise the animal by-products referred to in Articles 4, 5 and 6 respectively of the Community Regulation; and

(b)a numbered processing method shall be taken to refer to the processing method so numbered in Annex V, Chapter III to the Community Regulation.

(3) Other expressions defined in the Community Regulation have the same meaning in these Regulations.

(4) The Interpretation Act (Northern Ireland) 1954(11) shall apply to these Regulations as it applies to an Act of the Assembly.

Approvals, etc.

3.  Any approval or authorisation given and any registration carried out or 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 IICOLLECTION, TRANSPORTATION, STORAGE, HANDLING, PROCESSING AND DISPOSAL OF ANIMAL BY-PRODUCTS

Category 1 material

4.—(1) A person who has in his possession or under his control any Category 1 material and who contravenes Article 4(2) or Article 4(3) of the Community Regulation shall 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 shall 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) A person who has in his possession or under his control any Category 2 material and who contravenes 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 shall 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 paragraph may be applied to land provided that the Department has not imposed any restrictions relating to animal health in relation to those by-products.

Category 3 material

6.  A person who has in his possession or under his control any Category 3 material and who contravenes Article 6(2) or Article 6(3) of the Community Regulation shall be guilty of an offence.

Mixing mammalian and non-mammalian by-products

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

Collection, transportation and storage

8.—(1) A person who contravenes Article 7(1), 7(2) or 7(5) of the Community Regulation shall be guilty of an offence.

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

(3) For the purposes of paragraph (1), if the by-product in a container is of a lower category than is indicated by the label on the container it shall be treated as the higher category so indicated.

(4) In accordance with Article 7(6) of the Community Regulation, the provisions of Article 7 of that Regulation shall not apply in relation to manure transported within Northern Ireland.

PART IIIRESTRICTIONS ON ACCESS TO ANIMAL BY-PRODUCTS AND THEIR USE

Access to animal by-products

9.—(1) A person shall not feed any animal by-product (other than liquid milk or colostrums used on the farm of origin) to any farmed animal, or any other ruminant animal, pig or poultry, unless it has been processed in an approved Category 3 processing plant.

(2) A person shall not 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) A person shall not 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) The preceding paragraph shall not apply to –

(a)animal by-products brought on to premises in a vehicle which enters to collect other by-products providing the by-products brought onto the premises are not removed from the vehicle while on the premises; or

(b)animal by-products brought onto 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) A person shall not allow any animals to have access to material in a biogas or composting plant, provided that wild birds may have access to the material during the secondary and 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).

(8) A person who contravenes any provision of this regulation shall be guilty of an offence.

Restrictions on use

10.  Subject to regulation 12(1), a person who contravenes Article 22(1) of the Community Regulation shall 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 that 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) A 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;

shall be guilty of an offence.

Intra-species recycling of fish

12.—(1) Notwithstanding regulation 10, it shall 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 I to, Commission Regulation (EC) No. 811/2003.

(2) The Department shall 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 shall not apply until 1st January 2004.

PART IVAPPROVED PREMISES AND COMPETENT AUTHORITIES

The competent authority

13.—(1) The Department shall be the competent authority for the purposes of granting approvals for the purposes of Chapter III and Chapter IV of the Community Regulation, the Annexes to that Regulation, and these Regulations.

(2) The Department shall 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)presentation of records relating to a petfood or technical plant 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(12);

(o)authorising specific requirements in accordance with Annex VI, Chapter II, Part C, paragraphs 14 and 15 of that Regulation(13).

Approval of premises

14.—(1) A person shall not 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 shall ensure that –

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

(i)the conditions of any approval, and

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

(b)any person employed by him, and any person invited to the premises complies with those conditions and requirements.

(3) The operator of a high capacity incineration plant shall dispose of the ash produced in that plant 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) A person shall not operate a boiler for incinerating tallow unless the boiler has been approved by the Department as having suitable facilities to incinerate the material.

(5) A person who contravenes any provision of this regulation shall be guilty of an offence.

Biogas and composting plants

15.—(1) The provisions of Part I of Schedule 1 shall apply in a biogas or composting plant used for treating any 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 to the Community Regulation –

(a)catering waste shall 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; and

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

(3) A person who contravenes any provision of this regulation shall 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(f) 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) A person who contravenes Article 25(1) of the Community Regulation shall be guilty of an offence.

(2) A person who contravenes Article 25(2) of the Community Regulation shall be guilty of an offence.

(3) The operator of an intermediate or processing plant shall record any action taken in accordance with Article 25(2) of the Community Regulation and if he fails to do so he shall be guilty of 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 shall, 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 material is intended for use in feedingstuffs the operator shall –

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

(b)send it 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 shall –

(a)take a sample 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) A person who contravenes any provision of this regulation shall be guilty of an offence.

Sampling at biogas and composting plants

19.—(1) In the case of approved biogas and composting plants the operator shall, at intervals specified in the approval, take a representative sample of material which has been treated to the time temperature parameters specified in Part II of Schedule 1 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) A person shall not consign any material from a biogas or composting plant until the results of the tests relating to that material carried out in accordance with paragraph (1) are received from the laboratory.

(3) In the event of tests carried out in accordance with paragraph (1) establishing that treated material does not comply with the limits in Annex VI, Chapter II, paragraph 15 to the Community Regulation, the operator shall –

(a)immediately notify the Department giving full details of the failure, the nature of the sample and the batch from which the material 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 Department and resampled and re-tested by the Department, 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 an approved landfill site meeting the requirements of Council Directive 1999/31/EC on the landfill of waste(14); and

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

(4) A person who contravenes any provision of this regulation shall be guilty of an offence.

Samples sent to laboratories

20.—(1) Whenever an operator of a plant sends a sample to a laboratory in accordance with this Part, he shall 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) A person shall not tamper with a sample taken under these Regulations with intent to affect the result of the test.

(3) The operator shall keep a record of all results of laboratory tests to which this Part relates.

(4) A person who contravenes any provision of this regulation shall be guilty of an offence.

Laboratories

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

(2) In deciding whether to grant or continue an approval, the Department may require the laboratory to successfully undertake any quality control tests as it 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 shall do so in accordance with the following provisions, and if he fails to do so he shall be guilty of an offence.

(4) A test for Clostridium perfingens shall 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 equivalent(15).

(5) A test for Salmonella shall 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 equivalent; or

(b)NMKL 71: 1993 or equivalent(16).

(6) A test for Enterobacteriaceae shall 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 equivalent(17).

(7) Where tests are carried out for the detection of any of the following, the operator of a laboratory approved under this regulation shall immediately notify the Department 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; or

(c)the material successfully passes the test for Enterobacteriaceae in paragraph 39 of Part III of Schedule 2,

and if he fails to do so he shall be guilty of an offence.

(8) The operator of a laboratory approved under this regulation shall in relation to processed material notify the Department on the last day of each month of the number, type and results of tests carried out and if he fails to do so he shall be guilty of an offence.

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

(10) If a sample has been sent to the approved laboratory from premises outside Northern Ireland for a test to which this regulation relates, the requirements in this regulation to notify the Department shall be construed as a requirement to notify the competent authority for the premises from which the sample was sent.

PART VPLACING 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.  A 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 shall be guilty of an offence.

Placing on the market of petfood, dogchews and technical products

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

(2) A 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 shall be guilty of an offence.

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

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

PART VIDEROGATIONS

Competent authority for Chapter V of the Community Regulation

25.  The Department shall be the competent authority for the purposes of Chapter V of the Community Regulation (derogations).

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 Department shall 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.

(5) The register in the previous paragraph shall contain the following information –

(a)the name of the operator of the premises;

(b)the address of the premises; and

(c)the business carried on at the premises.

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

Collection centres

27.—(1) For the purposes of Article 23(2) of the Community Regulation a person shall not operate a collection centre, as defined in Annex I 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 premises authorised in accordance with paragraph (1) shall –

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

(i)the conditions of the authorisation; and

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

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

(3) A person who contravenes any provision of this regulation shall 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, on-site burning or burial (as defined in Part A of Annex II to Commission Regulation (EC) No. 811/2003) of animal by-products shall not be an offence if the animal by-product is transported, and buried or burnt, in accordance with –

(a)a notice given by the Department 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 Department shall 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) 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 VIIRECORDS

Records

31.  A record required to be kept under these Regulations may be in written or electronic form and shall be kept for a period of two years from the date on which the record is made.

Records for consigning, transporting or receiving animal by-products

32.  A person who contravenes Article 9(1) of the Community Regulation shall be guilty of an offence.

Records for burying or burning of animal by-products

33.  A person who contravenes Article 9 of Commission Regulation (EC) 811/2003 shall be guilty of an offence.

Records for disposal or use on premises

34.—(1) Subject to paragraph (2), the operator of any premises who disposes of 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 shall 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 if he fails to do so he shall be guilty of 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 biogas and composting plants

35.  The operator of any biogas or composting plant receiving catering waste shall 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;

(d)the location where the catering waste was produced;

and if he fails to do so he shall be guilty of 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 shall record –

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

(b)a description of the material treated;

(c)the quantity of material treated; and

(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 is treated to the required parameters;

and if he fails to do so he shall be guilty of an offence.

Records for approved laboratories

37.  The operator of a laboratory approved under regulation 21 receiving any sample for the purposes of these Regulations shall 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 if he fails to do so he shall be guilty of 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 shall record –

(a)the date on which any 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;

(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 if he fails to do so he shall be guilty of an offence.

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

PART VIIIADMINISTRATION AND ENFORCEMENT

Grant of approvals

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

(2) An approval shall specify –

(a)the address of the premises to which it relates 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 Department refuses to grant the approval, or approves it subject to a condition it shall by notice in writing served on the applicant for the approval –

(a)give the reasons; and

(b)explain the right of the applicant to make written representations to the Department and to be heard by an independent person appointed by the Department.

Suspension, amendment and revocation of approvals and registrations

40.—(1) The Department, by notice in writing served on the operator of any premises –

(a)shall suspend immediately an approval or a registration under these Regulations relating to those premises if any of the conditions under which the approval was granted or the registration made are not fulfilled in respect thereof; and

(b)may suspend or amend an approval or a registration under these Regulations relating to those premises if it is satisfied that, in the case of any premises to which the approval or registration (as the case may be) relates, the provisions of the Community Regulation or these Regulations are not being complied.

(2) A suspension or amendment under paragraph (1)(b) –

(a)shall have immediate effect if the Department considers that it is necessary for the protection of public or animal health;

(b)otherwise shall not have effect for at least 21 days following service of the notice.

(3) The notice shall –

(a)give the reasons; and

(b)explain the right of the operator of the premises in question to make written representations to the Department and to be heard by an independent person appointed by the Department.

(4) Where there is an appeal under regulation 41, the amendment or suspension to which it relates shall not have effect until the final determination by the Department in accordance with that regulation unless the Department considers that it is necessary for the protection of public or animal health for the amendment or suspension to have immediate effect.

(5) The Department may, by notice in writing, revoke an approval to which a notice of suspension under paragraph (1) relates if, following an appeal (if any) in accordance with the following regulation, which upholds a suspension, it is satisfied, taking into account all the circumstances of the case, that the premises will not be operated in accordance with these Regulations and the Community Regulation.

Appeals

41.—(1) A person on whom a notice is served under regulation 39(3) or 40(1) (in this regulation referred to as “the appellant”) may within 21 days beginning with the day on which the notice is served –

(a)provide written representations to the Department; and

(b)provide notice of whether or not he wishes to appear before an independent person appointed by the Department.

(2) Where the appellant gives notice of his wish to appear before and be heard by an independent person the Department shall appoint such an independent person (in this regulation referred to as the “appointed person”) to hear representations and shall specify a time limit within which representations must be made.

(3) The appointed person shall not, except with the consent of the appellant, be an officer of the Department.

(4) If the appellant so requests any hearing before an appointed person shall be in public.

(5) The appointed person shall report to the Department.

(6) If the appellant so requests, the Department shall furnish to him a copy of the report of the appointed person.

(7) The Department shall consider the report of the independent person and having done so shall decide whether taking account of all the circumstances of the case –

(a)to uphold the decision to which the appeal relates; or

(b)overturn it, and

shall give to the appellant written notification of its final determination and the reasons for it.

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, he may –

(a)serve a notice on any person in possession or control of any animal by-product requiring him 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, he 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) A notice served under these Regulations shall 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) A person on whom a notice is served who contravenes the provisions of that notice shall be guilty of an offence.

Powers of entry

45.—(1) An inspector shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours, to enter 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 him such assistance as he 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 –

(i)such other persons as he considers necessary; and

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

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

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

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

Obstruction

46.—(1) A 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 of him for the performance of his functions under these Regulations;

(c)furnishes to any person acting in the execution of these Regulations any information which he 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;

shall be guilty of an offence.

(2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question if to do so might incriminate him.

Penalties

47.—(1) A person guilty of an offence under these Regulations shall 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 to both; or

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

(2) A prosecution for an offence under this regulation shall not be begun after the expiry of –

(a)three years from the commission of the offence; or

(b)one year from its discovery by the prosecutor,

whichever is the earlier.

Enforcement

48.  These Regulations shall be enforced by the Department, or the Department of the Environment or a district council within its district.

Transitional measures

49.—(1) Schedule 3 (transitional measures) shall 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) shall cease to have effect on 1st November 2004.

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

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

(7) Part VI of Schedule 3 (low capacity incinerators) shall cease to have effect on 1st January 2005.

(8) Any laboratory authorised by the Department under Article 10 of the Animal By-Products Order (Northern Ireland) 2002(18) shall, notwithstanding the revocation of that Order, be deemed to be an approved laboratory for the purpose of regulation 21.

Amendments

50.  The Transmissible Spongiform Encephalopathy (Northern Ireland) Regulations 2002(19) are amended in accordance with the provisions of Schedule 4.

Revocations

51.  The provisions of the Orders specified in Schedule 5 are revoked.

Regulations 15, 19 and 36

SCHEDULE 1ADDITIONAL REQUIREMENTS FOR BIOGAS AND COMPOSTING PLANTS

PART Ipremises

1.—(1) There shall be –

(a)a reception area in which untreated animal by-products (including catering waste) are received,

(b)an area in which vehicles and containers are cleansed and disinfected with adequate facilities for doing this, and

(c)a clean area in which treated compost or digestion residues are stored.

(2) The clean area shall be adequately separated from the reception area and the area in which vehicles and containers are cleansed and disinfected so as to prevent contamination of the treated material. Floors shall be laid so that liquid cannot seep into the clean area from the other areas.

(3) The reception area shall be easy to clean and disinfect and shall have an enclosed and lockable place or container to receive and store the untreated animal by-products.

2.  The animal by-products shall be unloaded in the reception area and either –

(a)treated immediately; or

(b)stored in the reception area and treated without undue delay.

3.  The plant shall be operated in such a way that –

(a)treated material is not contaminated by untreated or partially treated material or liquids arising from it, and

(b)partially treated material is not contaminated with material which has not been treated to the same extent or liquids arising from it.

4.  The operator shall identify, control and monitor suitable critical points in the operation of the plant to demonstrate that –

(a)these Regulations and the Community Regulation are complied with;

(b)treated material is not contaminated by untreated or partially treated material or liquids arising from it; and

(c)partially treated material is not contaminated with material which has not been treated to the same extent or liquids arising from it.

5.  Containers, receptacles and vehicles used for transporting untreated animal by-products shall be cleaned in the dedicated area before they leave the premises and before any treated material is loaded. In the case of vehicles transporting only untreated catering waste and not subsequently transporting treated material, only the wheels of the vehicle need be cleaned.

PART IItreatment systems and parameters for catering waste

1.  Unless an approval specifically permits a different system, catering waste shall be treated by one of the systems specified in the table below. The system shall ensure that the material is treated to the following parameters:

The time temperature requirements shall be achieved as part of the composting process.

2.  The approval shall normally specify one of the methods in the table, but the Department may approve a different system if it is satisfied that it achieves the same reduction in pathogens as those methods (including any additional conditions imposed on those methods) in which case the approval shall fully describe the whole system.

Composting plants

3.  If the approval for a composting plant specifies one of the methods in the table, it shall specify which one and, in addition, shall have as a condition either that –

(a)measures shall be taken at source to ensure that meat was not included in the catering waste and that following treatment the material is stored for at least 18 days, or

(b)following the first treatment, the material shall be treated again using one of the methods in the table and specified in the approval (not necessarily the same method as was used for the first treatment) except that, if the treatment is in a windrow, the second treatment need not be in a housed windrow.

Biogas plants

4.  The approval for a biogas plant shall specify one of the methods in the table and in addition require that either –

(a)measures were taken at source to ensure that meat was not included in the catering waste; or

(b)following treatment the material is stored for an average of 18 days after treatment (storage need not be in an enclosed system).

Regulation 21

SCHEDULE 2TESTING METHODS

PART Imethod for the isolation of clostridium perfringens

Time of testing

1.  Tests shall be begun on receipt of the sample or on the first working day which allows this method to be completed. If the test is not begun on the day of receipt the sample shall be stored in a refrigerator at between 2°C and 8°C until required. If the sample has been refrigerated it shall be removed from the refrigerator and stored at room temperature for at least one hour before the test is started.

Samples

2.  Tests shall be carried out using two 10 gram ± 1 gram portions of each sample submitted for testing. Each 10 gram ± 1 gram sample shall be placed aseptically in a sterile container containing 90 ml ± 1 ml Clostridium perfringens diluent consisting of 0.1% w/v peptone and 0.8% w/v, sodium chloride at a pH of 7.0 ± 0.2 and mixed thoroughly until the sample is evenly suspended.

Inoculations

3.  For each portion of the sample 1 ml ± 0.1 ml of solution shall be transferred to a sterile 90 mm petri dish (in duplicate), to which 15 ml ± 1 ml of Egg-yolk-free Tryptose-Sulphite-Cycloserine agar (EY-free TSC agar)(20) at a temperature of 46°C ± 1°C shall be added and immediately gently mixed by swirling the dish with 5 clockwise and 5 anticlockwise circular movements.

4.  Once the agar has set, each agar plate shall be overlaid with a further 10 ml EY-free TSC agar at a temperature of 46°C ± 1°C. Once the overlay has set and with the plate lids uppermost the plates shall be incubated anaerobically at 37°C ± 1°C for 20 hours ± 2 hours.

Samples with colonies of Clostridium perfringens

5.  After incubation each set of duplicate plates shall be examined for colonies characteristic of Clostridium perfringens (black). The sample provisionally fails if any colonies characteristic of Clostridium perfringens are present, in which case the following procedure shall be followed to establish whether or not the colonies are Clostridium perfringens.

6.  In the case of each plate containing well separated colonies, 3 characteristic colonies of Clostridium perfringens shall each be subcultured onto a further EY-free TSC agar plate. If there are less than 3 colonies on the plate, all characteristic colonies shall be subcultured onto further plates. The plates shall be incubated anaerobically at 37°C ± 1°C for 20 hours ± 2 hours.

7.  If the surface area of the plates is overgrown and it is not possible to select well isolated characteristic colonies, an attempt shall be made to subculture 3 suspect colonies onto duplicate EY-free TSC agar plates and incubated anaerobically at 37°C ± 1°C for 20 hours ± 2 hours. Subsequent purification may be required in order to obtain well isolated colonies of suspect organism.

8.  One characteristic colony from each plate shall be subcultured onto EY-free TSC agar and incubated anaerobically at 37°C ± 1°C for 20 hours ± 2 hours.

Subcultured colonies

9.  After incubation each plate shall be examined for colonies characteristic of Clostridium perfringens. At least 3 colonies characteristic of Clostridium perfringens shall be –

(a)stab inoculated into motility nitrate medium(21); and

(b)inoculated into either lactose gelatine medium(22)

and incubated anaerobically at 37°C ± 1°C for 20 hours ± 2 hours.

Examination of subcultures

Motility

10.  The motility nitrate medium shall be examined for the type of growth along the stab line. If there is evidence of diffuse growth out into the medium away from the stab line, the bacteria shall be considered to be motile.

Reduction of nitrate to nitrite

11.  After examination of the motility nitrate medium 0.2 ml to 0.5 ml of nitrite detection reagent shall be added to it. The formation of a red colour confirms that the bacteria have reduced nitrate to nitrite. Cultures that show a faint reaction (i.e. a pink colour) should be discounted. If no red colour is formed within 15 minutes, a small amount of zinc dust shall be added and the tube allowed to stand for approximately15 minutes. If a red colour is formed after the addition of zinc dust no reduction of nitrate to nitrite has taken place.

Production of gas and acid from lactose and liquefaction of gelatine

12.  The lactose gelatine medium shall be examined for the presence of small gas bubbles in the medium.

13.  The lactose gelatine medium shall be examined for colour. A yellow colour indicates fermentation of lactose.

14.  The lactose gelatine medium shall be chilled for up to one hour at 2–8°C and then checked to see if the gelatine has liquefied. If the medium has solidified it shall be re-incubated anaerobically for a further 18-24 hours, the medium chilled for a further one hour at 2-8°C and again checked to see if the gelatine has liquefied.

15.  The presence of Clostridium perfringens shall be determined on the basis of the results from paragraphs 10 to 14. Bacteria which produce black colonies on EY-free TSC agar, are non-motile, reduce nitrate to nitrite, produce gas and acid from lactose and liquefy gelatine within 48 hours shall be considered to be Clostridium perfringens.

Control Tests

16.  Control tests shall be carried out each day that a test is initiated using –

(a)Clostridium perfringens NCTC 10662(23) no more than 28 days old at the time of use;

(b)Escherichia coli NCTC 10418 or equivalent not more than 28 days old at the time of use; and

(c)processed animal protein or compost or digestion residue which is free of Clostridium perfringens.

17.  10 gram ± 1 gram portions of the rendered animal protein shall be placed aseptically in each of two sterile containers containing 90 ml ± 1 ml Buffered Peptone Water (BPW)(24) and mixed thoroughly until the samples are evenly suspended.

18.  One colony of Clostridium perfringens (16)(a) shall be placed in 10 ml ± 1 ml BPW and mixed to form an even suspension. 0.1 ml of the suspension shall be added to the suspension in the preceding paragraph. This shall be repeated for Escherichia coli (16)(b).

19.  These are then treated and examined in the same way as test samples. If no typical colonies are formed then that day’s testing shall be invalid and shall be repeated.

PART IImethods for the isolation of salmonella

A. BACTERIOLOGICAL METHOD

20.  Tests shall be begun on receipt of the sample or on the first working day which allows this method to be completed. If the test is not begun on the day of receipt the sample shall be stored in a refrigerator until required. If the sample has been refrigerated it shall be removed from the refrigerator and stored at room temperature for at least one hour before the test is started.

Day 1

21.  Tests shall be carried out in duplicate using two 25 gram ± 1 gram portions of each sample submitted for testing. Each 25 gram ± 1 gram sample shall be placed aseptically in a container containing 225 ml ± 1 ml Buffered Peptone Water (BPW) and incubated at 37°C ± 1°C for 18 hours ± 2 hours.

Control Tests

22.  Control tests shall be carried out each day that a test is initiated using –

(a)Salmonella java NCTC 5706 or equivalent no more than 28 days old at the time of use;

(b)Erwinia herbicola NCTC 9381 or equivalent not more than 28 days old at the time of use; and

(c)processed animal protein or compost or digestion residue which is free of Salmonella java.

23.  10 gram ± 1 gram portions of the rendered animal protein shall be placed aseptically in each of two sterile containers containing 90 ml ± 1 ml Buffered Peptone Water (BPW)(25) and mixed thoroughly until the samples are evenly suspended.

24.  One colony of Salmonella java (22)(a) shall be placed in 10 ml ± 1 ml BPW and mixed to form an even suspension. 0.1 ml of the suspension shall be added to the suspension in the preceding paragraph. This shall be repeated for Erwinia herbicola (22)(b).

25.  These are then treated and examined in the same way as test samples. If no typical colonies are formed then that day’s testing shall be invalid and shall be repeated.

Day 2

26.  0.1 ml from the container of incubated BPW shall be inoculated into 10 ml ± 1 ml Rappaport-Vassiliadis Soya Broth (RVS broth)(26) and incubated at 41.5°C ± 0.5°C for 18 to 24 hours.

Day 3

27.  The RVS broth shall be plated out onto two 90 mm plates of Brilliant Green Agar (BGA)(27) or onto one 90 mm plate of BGA and one 90 mm plate of Xylose Lysine Deoxycholate Agar (XLD)(28) using a 2.5 mm diameter loop. The plates shall be inoculated with a droplet taken from the edge of the surface of the fluid by drawing the loop over the whole of one plate in a zig zag pattern and continuing to the second plate without recharging the loop. The space between the loop streaks shall be 0.5 cm-1.0 cm. The plates shall be incubated at 37°C ± 1°C for 18 to 24 hours.

28.  The residual RVS broth shall be reincubated at 41.5°C ± 0.5°C for a further 18 to 24 hours.

Day 4

29.  The plates shall be examined and a minimum of 3 colonies from each plate showing suspicion of Salmonella growth shall be subcultured –

(a)onto a nutrient agar plate;

(b)onto a MacConkey agar plate(29); and

(c)into/onto biochemical media suitable for the identification of Salmonella.

These media shall be incubated at 37°C ± 1°C overnight.

30.  The reincubated RVS broth shall be plated out as described in paragraph 27.

Day 5

31.  The incubated composite media or equivalent shall be examined and the findings recorded, discarding cultures which are obviously not Salmonella. Slide serological tests shall be performed using Salmonella polyvalent “O” and polyvalent “H” (phase 1 and 2) agglutinating sera on selected suspect colonies collected from the nutrient agar or MacConkey agar plates. If reactions occur with one or both sera, a subculture of the colonies shall be sent to one of the Department’s laboratories at either Agriculture, Food and Environmental Science Division, Newforge Lane, Belfast, BT9 5PX or, Veterinary Science Division, Stoney Road, Belfast, BT4 3SD, for further typing.

32.  The plates referred to in paragraph 30 shall be examined and further action taken as in paragraphs 29 and 31.

B. ELECTRICAL CONDUCTANCE METHOD

33.  Tests shall be begun on receipt of the samples or on the first working day which allows the following method to be completed. If the test is not begun on the day of receipt the sample shall be stored in a refrigerator until required. If the sample has been refrigerated it shall be removed from the refrigerator and stored at room temperature for at least one hour before the test is started.

Day 1

34.  Tests shall be carried out in duplicate using two 25 gram ± 1 gram portions of each sample submitted for testing. Each 25 gram ± 1gram sample shall be placed aseptically in a sterile container containing 225 ml ± 1 ml Buffered Peptone Water (BPW) (30) and incubated at 37°C ± 1°C for 18 to 24 hours.

Control Tests

35.  Control tests shall be carried out each day that a test is initiated using –

(a)Salmonella java NCTC 5706 or equivalent no more than 28 days old at the time of use;

(b)Erwinia herbicola NCTC 9381 or equivalent not more than 28 days old at the time of use; and

(c)processed animal protein or compost or digestion residue which is free of Salmonella java.

36.  10 gram ± 1 gram portions of the rendered animal protein shall be placed aseptically in each of two sterile containers containing 90 ml ± 1 ml Buffered Peptone Water (BPW)(30) and mixed thoroughly until the samples are evenly suspended.

37.  One colony of Salmonella java (35)(a) shall be placed in 10 ml ± 1 ml BPW and mixed to form an even suspension. 0.1 ml of the suspension shall be added to the suspension in the preceding paragraph. This shall be repeated for Erwinia herbicola (35)(b).

38.  These are then treated and examined in the same way as test samples. If no typical colonies are formed then that day’s testing shall be invalid and shall be repeated.

Day 2

39.  The incubated BPW shall be added to Rappaport -Vassiliadis Soya (RVS) Broth in tubes to be inserted into electrical conductance cells. Detection of growth will utilise indirect impediometry as in the method of Donaghy and Madden (1993)(31). For cells or tubes containing more than 5 ml (RVS) medium 0.2 ml of the BPW shall be added and for cells or tubes containing 5 ml or less (RVS) medium 0.1 ml of the BPW shall be added. Cells or tubes shall be connected to appropriate electrical conductance measuring equipment set to monitor and record changes in electrical conductance at 6 minute intervals over a 24 hour period. The temperature of cells and tubes shall be kept at 42°C ± 0.5°C.

Day 3

40.  At the end of the 24 hour period, the information recorded by the conductance measuring equipment shall be analysed and interpreted using criteria defined by the manufacturers of the equipment. Where a tube or cell is provisionally identified as being positive for Salmonella, the result shall be confirmed by subculturing the contents of the tube or cell onto two 90 mm plates of BGA or onto one 90 mm plate of BGA and one 90 mm plate of Xylose Lysine Deoxycholate Agar (XLD) using a 2.5 mm diameter loop. The plates shall be inoculated with a droplet taken from the edge of the surface of the fluid by drawing the loop over the whole of one plate in a zig zag pattern and continuing to the second plate without recharging the loop. The space between the loop streaks shall be 0.5 cm-1.0 cm. The plates shall be incubated at 37°C ± 1°C overnight.

Day 4

41.  The plates shall be examined and a minimum of 3 colonies from each plate showing suspicion of Salmonella growth shall be subcultured –

(a)onto a nutrient agar plate;

(b)onto a MacConkey agar plate; and

(c)into/onto biochemical media suitable for the identification of Salmonella.

These media shall be incubated at 37°C ± 1°C overnight.

Day 5

42.  The incubated composite media or equivalent shall be examined and the findings recorded, discarding cultures which are obviously not Salmonella. Slide serological tests shall be performed using Salmonella polyvalent “O” and polyvalent “H” (phase 1 and 2) agglutinating sera on selected suspect colonies collected from the nutrient agar or MacConkey agar plates. If reactions occur with one or both sera, a subculture of the colonies shall be sent to one of the Department’s laboratories at either Agriculture, Food and Environmental Science Division, Newforge Lane, Belfast, BT9 5PX, or Veterinary Science Division, Stoney Road, Belfast, BT4 3SD, for further typing.

PART IIImethod for the isolation of enterobacteriaceae

43.  Tests shall be begun on receipt of the sample or on the first working day which allows this method to be completed. If the test is not begun on the day of receipt the sample shall be stored in a refrigerator until required at between 2°C and 8°C. If the sample has been refrigerated it shall be removed from the refrigerator and stored at room temperature for at least one hour before the test is started.

Samples

44.  Tests shall be carried out using five 10 gram ± 1 gram portions of each sample submitted for testing. Each 10 gram ± 1 gram sample shall be placed aseptically in a sterile container containing 90 ml ± 1 ml Buffered Peptone Water (BPW) and mixed thoroughly until the sample is evenly suspended.

Controls

45.  Control tests shall be carried out each day that a test is initiated using –

(a)Escherichia coli NCTC 10418 no more than 28 days old at time of use; and

(b)processed animal protein or compost or digestive residue which is free of Enterobacteriaceae.

46.  A 10 gram ± 1 gram portion of the rendered animal protein shall be placed aseptically in a sterile container containing 90 ml ± 1 ml BPW and mixed thoroughly until the sample is evenly suspended.

47.  One colony of Escherichia coli shall be placed in 10 ml ± 1 ml BPW and mixed to form an even suspension. Approximately 0.1 ml of the suspension shall be added to the suspension in the preceding paragraph.

48.  This is then treated and examined in the same way as test samples. If no typical colonies are formed then that day’s testing shall be invalid and shall be repeated.

Inoculations

49.  For each portion of the sample 1 ml ± 0.1 ml of solution shall be transferred to a sterile 90 mm petri dish (in duplicate). The plates shall be labelled to identify the portion of sample they were taken from. 15 ml ± 1 ml of Violet Red Bile Glucose Agar (VRBGA)(32) at a temperature of 46°C ± 1°C shall be added to each petri dish and immediately gently mixed by swirling the dish with five clockwise and five anticlockwise circular movements.

50.  Once the agar has set, each agar plate shall be overlaid with a further 10 ml (approximately) of VRBGA at a temperature of 46°C ± 1°C. Once the overlay has set, the plates shall be inverted and incubated aerobically at 37°C ± 1°C for 20 hours ± 2 hours.

Samples with colonies of Enterobacteriaceae

51.  After incubation each set of duplicate plates shall be examined for colonies characteristic of Enterobacteriaceae (purple colonies 1-2 mm in diameter). All characteristic colonies on each plate shall be counted and the arithmetic mean of the duplicate plates taken.

The sample provisionally fails if either –

(a)any arithmetic mean is above 30(33); or

(b)three or more arithmetic means are above 10;

in which case the following procedure shall be followed to establish whether or not the colonies are Enterobacteriaceae.

52.  After counting the colonies, characteristic colonies shall be taken at random from the agar plates, the number being at least the square root of the colonies counted. Each of the colonies shall be subcultured onto a nutrient agar plate and incubated aerobically at 37°C ± 1°C for 20 hours ± 2 hours.

Examination of subcultures

53.  An oxidase test and a glucose fermentation test shall be performed on each of the five subcultured colonies. Colonies which are oxidase-negative and glucose fermentation-positive shall be considered to be Enterobacteriaceae.

54.  If not all of the colonies prove to be Enterobacteriaceae, the total count in paragraph 51 shall be reduced in proportion prior to establishing whether or not the sample should fail.

Regulation 49

SCHEDULE 3TRANSITIONAL MEASURES

PART Itransitional measures regarding the intra-species recycling ban for fish(34)

1.  In accordance with Article 1 of 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, the prohibition on the feeding of fish with processed animal protein derived from the bodies or parts of bodies of fish of the same species in Article 22(1)(a) of the Community Regulation shall not apply.

PART IIthe collection, transportation and disposal of former foodstuffs(35)

1.—(1) The Department shall be the competent authority for granting approvals under 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.

(2) Instructions for the purposes of Article 3(3) of that Regulation may be issued by an inspector.

Collection, transport and disposal of former foodstuffs

2.  For the purposes of Article 1(1) of Commission Regulation (EC) No. 813/2003, by way of derogation from Article 6(2)(f) and Article 7 of the Community Regulation former foodstuffs which have not been mixed with any other animal by-products (other than Category 3 catering waste) may be collected, transported and disposed of or treated in the same way as catering waste.

3.  Where former foodstuffs are mixed with Category 1 or Category 2 material any person in possession or control of the material shall ensure that it is disposed of in accordance with Article 1(2) of Commission Regulation (EC) No. 813/2003; and any person who fails to do so shall be guilty of an offence.

4.  Where former foodstuffs are sent for disposal in an approved landfill site, any person in possession or control of the material shall comply with Article 1(3) of Commission Regulation (EC) No. 813/2003 and any person who fails to do so shall be guilty of an offence.

5.  A person who contravenes any instructions given by an inspector under Article 3(3) of Commission Regulation (EC) No. 813/2003 shall be guilty of an offence.

6.  In this Part “former foodstuffs” does not include waste from the production of products which are intended to be cooked before they are eaten.

PART IIIused cooking oil in animal feed(36)

Scope

1.  Notwithstanding the prohibition on feeding farmed animals with catering waste or feed material containing or derived from catering waste, used cooking oil may be used for the production of animal feed if it has been collected, treated and blended in accordance with this Part.

2.  This Part is confined to used cooking oil which –

(a)originates exclusively in restaurants, catering facilities and kitchens, including central kitchens and household kitchens; and

(b)is intended for the production of animal feed.

Approvals

3.—(1) The Department shall approve –

(a)collectors of used cooking oil if it is satisfied that the collector complies with the requirements of this Part; and

(b)operators of premises on which used cooking oil is treated or mixed with other oils if it is satisfied that the premises and operation comply with the requirements of this Part.

(2) The approval shall only be granted if the collector or operator was collecting, treating or blending used cooking oils on 1st November 2002.

4.  The approval shall specify –

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

(b)in the case of treatment premises, the parts of the premises in which used cooking oil may be received and treated;

(c)the expiry date which shall be no later than 31st October 2004.

5.—(1) Approval shall be suspended immediately if the conditions under which it was granted are no longer fulfilled.

(2) Once suspended, the approval shall only be reinstated subject to fulfilment of the requirements of the Community Regulation in their entirety.

General obligations

6.—(1) Used cooking oil shall be collected, transported, stored, handled, treated and used in accordance with this Part.

(2) A person who contravenes sub-paragraph (1) shall be guilty of an offence.

(3) Any used cooking oil which does not comply with the provisions of this Part shall be disposed of as directed by notice by an inspector.

7.  Used cooking oil shall be –

(a)collected by an approved collector;

(b)treated by an approved operator on approved treatment premises, and

(c)mixed with other oils by an approved operator on approved blending premises.

Collection and transportation of used cooking oil

8.—(1) Used cooking oil shall be collected and transported in lidded containers or leak proof vehicles and identified in such a way that the contents, even after mixing, are traceable to all the premises of origin.

(2) Collectors shall take all necessary measures to ensure that the used cooking oil collected is free from contamination by harmful substances.

(3) Reusable containers, and all reusable items of equipment or appliances that come into contact with used cooking oil, shall be cleaned, washed and disinfected after each use.

(4) Vehicles or containers which carry any material which could contaminate the used cooking oil shall be thoroughly cleansed and disinfected before they are used to carry used cooking oil.

Approved premises and the operation of blending premises

9.  The operator of approved premises shall ensure that the premises comply with, and are operated in accordance with, the provisions of this Part.

10.—(1) Before mixing with other oil, operators of blending premises must in addition ensure that each batch of used cooking oil is tested to ensure compliance with the standards in paragraph 16. A batch shall be no greater than 30 tonnes.

(2) Collectors and operators of approved premises shall ensure that used cooking oil that does not comply with the standards in paragraph 16 is not used for animal feed.

Approved premises

11.—(1) Approved premises shall be constructed in such a way that they are easy to clean and disinfect.

(2) Unauthorised persons and animals shall not have access to the premises.

(3) The premises shall have adequate facilities for cleaning and disinfecting the containers or receptacles in which used cooking oil is received and, where appropriate, the vehicles in which it is transported.

(4) The premises shall have adequate lavatories and washing facilities for staff.

(5) The premises shall have a covered space, clearly marked, to receive used cooking oil.

(6) Where appropriate, the premises shall have a separate storage area for any used cooking oil that is not suitable for use in animal feed.

(7) Tanks shall be sealed with vents located and screened in a manner that prevents entry by contaminants or pests.

(8) Pipework shall be sealed when not in use.

Operators' own-checks

12.—(1) Operators of approved premises shall adopt all measures necessary to comply with the requirements of this Part.

(2) They shall put in place, implement and maintain a procedure developed in accordance with the principles of the system of hazard analysis and critical control points (HACCP).

(3) They shall in particular –

(a)identify and control the critical control points in the premises,

(b)establish and implement methods for monitoring and checking such critical control points and keep records of such checks for at least two years, and

(c)ensure the traceability of each batch received and despatched.

13.—(1) The operator of approved blending premises shall carry out checks and take samples for the purposes of checking compliance with the standards in paragraph 16.

(2) Where the results of a check or a test show that the used cooking oil does not comply with the provisions of this Part, the operator shall –

(a)establish the causes of failures of compliance;

(b)ensure that the oil is not despatched for use in feedingstuffs;

(c)instigate appropriate decontamination and cleaning procedures; and

(d)where used cooking oil has already been despatched for use in feedingstuffs, or incorporated into feedingstuffs, take all necessary measures to ensure that feedingstuffs containing the oil are not fed to livestock.

14.—(1) The operator shall record the results of the checks and tests.

(2) The operator shall keep a sample of each consignment of used cooking oil despatched from the premises and shall keep it for at least six months.

Hygiene requirements in approved premises

15.—(1) Containers, receptacles and, where appropriate, vehicles used for transporting used cooking oil shall be cleaned in a designated area.

(2) Preventive measures against birds, rodents, insects or other vermin shall be taken systematically.

(3) Used cooking oil intended for use in animal feed shall not be stored in the same area as used cooking oil which is not suitable for use in animal feed or products which may pose a risk to animal or human health.

(4) Cleaning procedures shall be established and documented for all parts of the premises.

(5) Hygiene control shall include regular inspections of the environment and equipment.

(6) Inspection schedules and results shall be recorded.

(7) Installations and equipment shall be kept in a good state of repair.

(8) Measuring equipment shall be calibrated at least once a year.

(9) Tanks and pipes shall be cleaned internally at least once a year or when there is build-up of water and physical contaminants.

(10) Treated used cooking oil must be handled and stored in such a way as to preclude contamination.

Specification for used cooking oil for use in animal feed

16.—(1) Used cooking oil shall meet the following minimum standards before use in animal feed.

(2) Physical contamination:

(a)moisture and impurities: <3%

(b)impurities: <0.15 %.

(3) Presence of mineral oil: absence.

(4) Presence of oxidised fatty acids: >88% Elutable Fatty acid content.

(5) Presence of pesticide residues: complies with Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed(37).

(6) Presence of PCBs: <100ppb for the 7 main congeners(38).

(7) Presence of Salmonella: absence.

(8) Presence of animal fat:

(a)Pentadecanoic acid (C15): <0.2%

(b)Cis-9-hexadecanoic acid (C16: 1): <2%

(c)Heptadecanoic acid (C17): <0.4%

(d)Cis-9-heptadecanoic acid (C17: 1): <0.3%

(e)Fatty acids with a chain length of 20 carbon atoms or more (C20+): < 5%.

Commercial documents

17.—(1) Commercial documents may be in written or electronic form.

(2) A written commercial document or a printout of an electronic document shall accompany the consignment of used cooking oil during transportation.

(3) The producer, receiver and carrier shall each retain a copy of a written commercial document or, for electronic information, a printout of that information.

(4) Commercial documents shall contain the following information –

(a)the address of the premises from which the used cooking oil was taken;

(b)the date on which the used cooking oil was taken from the premises;

(c)the quality and description of the used cooking oil;

(d)the quantity of the used cooking oil;

(e)the name and the address of the carrier;

(f)the destination of the used cooking oil; and

(g)a unique reference number that links the collector and the container or vehicle to the premises from which the used cooking oil was taken.

Records

18.—(1) A person consigning, transporting or receiving used cooking oil shall keep a record containing the information specified in the commercial document.

(2) For used cooking oil which is suitable for use in animal feed, the records shall in addition provide for full traceability of the oil from the premises of origin to its incorporation into animal feed.

(3) For used cooking oil which is not suitable for use in animal feed, the person consigning the oil for disposal shall in addition keep a record showing the method and place of disposal and the date the oil was consigned for disposal.

List of premises

19.—(1) The Department shall maintain a list of the names and addresses of approved:

(a)collectors of used cooking oil;

(b)operators of treatment premises; and

(c)operators of blending premises.

(2) Each collector and operator of approved premises shall be assigned an official identification number.

(3) The Department shall make this list publicly available.

PART IVmammalian blood(39)

General obligations

1.  By way of derogation from Annex VII, Chapter II, paragraph 1 to the Community Regulation, mammalian blood may be processed in accordance with this Part.

2.  The Department may approve the use of processing methods 2 to 5 or 7 of Annex V to the Community Regulation for the processing of mammalian blood.

3.—(1) Approval shall be suspended immediately if the conditions under which it was granted are no longer fulfilled.

(2) Once suspended, the approval shall only be reinstated subject to fulfilment of the requirements of the Regulation in their entirety.

(3) Any material not processed in accordance with this Part or the Community Regulation shall be disposed of as instructed by an inspector.

4.  The approval shall only be granted if the operator was processing at those premises, using that equipment and using those methods on 1st November 2002.

5.  All other relevant provisions of the Community Regulation shall be complied with.

PART Voleochemical plants using rendered fats from category 2 and category 3 materials(40)

General obligations

1.  By way of derogation from Article 14 of the Community Regulation, the Department may approve the use of oleochemical plants to process rendered fats derived from both Category 2 and Category 3 material providing they comply with the following conditions.

2.—(1) Approval shall be suspended immediately if the conditions under which it was granted are not fulfilled.

(2) Once suspended, the approval shall only be reinstated subject to fulfilment of the requirements of the Community Regulation in their entirety.

(3) Any material not processed in accordance with this Part or the Community Regulation shall be disposed of as instructed by an inspector.

3.  The approval shall only be granted to premises and facilities that operated in that way on 1st November 2002.

Specific requirements

4.—(1) Only rendered fats derived from Category 2 and Category 3 materials may be used.

(2) Rendered fats derived from Category 2 materials shall be processed in accordance with the standards in Chapter III of Annex VI to the Community Regulation.

(3) Additional processes such as distillation, filtration and processing with absorbents shall be used to further improve the safety of the tallow derivatives.

PART VIlow capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk materials or carcases containing them(41)

General obligations

1.  By way of derogation from Article 12(3) of the Community Regulation, the Department may approve the use of low capacity incineration or co-incineration plants which do not meet the requirements laid down in Annex IV to the Community Regulation if they are operated in accordance with this Part.

2.—(1) Approval shall be suspended immediately if the conditions under which it was granted are no longer fulfilled.

(2) Once suspended, the approval shall only be reinstated subject to fulfilment of the requirements of the Community Regulation in their entirety, including Annex IV.

(3) Any material not incinerated in accordance with this Part or the Community Regulation shall be disposed of as instructed by an inspector.

3.  The approval shall only be granted to incinerators that were in operation on 1st November 2002.

4.  The operator shall take all necessary measures to ensure that –

(a)animal by-products are handled and stored safely and incinerated or co-incinerated without undue delay in such a way that they are reduced to dry ash;

(b)the dry ash is disposed of properly and records are kept of the quantity and description of the animal by-products incinerated and the date of incineration;

(c)the dry ash is not removed from the combustion chamber unless combustion is complete; and

(d)transport and intermediate storage of the dry ash shall take place in a closed container to prevent dispersal in the environment and disposed of safely,

and if he fails to do so he shall be guilty of an offence.

5.  In the case of a breakdown or malfunction, the operator must reduce or close down operations as soon as practicable until normal operations can be resumed, and if he fails to do so he shall be guilty of an offence.

Regulation 50

SCHEDULE 4AMENDMENTS TO THE TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHY (NORTHERN IRELAND) REGULATIONS 2002

1.  The Transmissible Spongiform Encephalopathy (Northern Ireland) Regulations 2002 are amended in accordance with this Schedule.

2.  Regulations 33(4), 34(2) and (5), 52, 54, 56(1)(a), 56(2)(b), 56(4)(c) , (d) and (e), 63 to 68, 69(1), (3), (4) and (5) and Schedule 6 are revoked.

3.  At the end of regulation 13 there shall be added –

“(7) In this regulation mammalian meat and bone meal does not include any compost or digestion residues resulting from the treatment of animal by-products in a composting or biogas plant in accordance with the Animal By-Products Regulations (Northern Ireland) 2003.”.

4.  After regulation 34 there shall be inserted –

“Mixing specified risk material with other animal material

34A.  Any animal material that comes into contact with specified risk material shall be treated as specified risk material.”.

5.  For regulation 40 there shall be substituted the following regulation –

“Disposal of specified risk material

40.  Once specified risk material has been removed from the carcase and treated in accordance with this Part, including any material treated as if it were specified risk material in accordance with regulation 33(5) or 34(4), or, in the case of specified solid waste, recovered from the drainage system, the person responsible for its removal or recovery shall, without unreasonable delay –

(a)consign it in accordance with the Animal By-Products Regulations (Northern Ireland) 2003; or

(b)consign it to premises licensed under regulation 57.”.

6.—(1) In regulations 57(3) and (5) and 60(5) the words “and Schedule 6” shall be deleted.

(2) In regulations 60(1), 61(1) and 71(2) the words “or Schedule 6” shall be deleted.

7.  For regulation 102(1) there shall be substituted the following regulation –

“General provisions relative to slaughter and compensation

(1) Where an animal or bird has been slaughtered under these Regulations at the direction of the Department the carcase shall belong to the Department and may be sold or otherwise disposed of by or at the direction of the Department, as the condition of the animal, bird or carcase and other circumstances may permit.”.

8.  For Schedule 5 (Application of Part IV of the Regulations to scheme animals) there shall be substituted the following Schedule –

“SCHEDULE 5APPLICATION OF PART IV OF THE REGULATIONS TO SCHEME ANIMALS

Regulation 51

SCHEDULE 5REVOCATIONS

Explanatory Note

(This note is not part of the Regulations.)

These Regulations make provision in Northern Ireland for the administration and enforcement of Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3rd October 2002 laying down health rules concerning animal by-products not intended for human consumption (O.J. No. L273, 10.10.2002, p. 1) (“ the Community Regulation”).

They also make provision for the enforcement of the following measures, which amend the Community Regulation and make provision for transitional arrangements –

(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 (O.J. No. L117, 13.5.2003, p. 1);

(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 (O.J. No. L117, 13.5.2003, p. 14);

(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 (O.J. No. L117, 13.5.2003, p. 22);

(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 (O.J. No. L117, 13.5.2003, p. 24);

(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 (O.J. No. L117, 13.5.2003, p. 30);

(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 (O.J. No. L117, 13.5.2003, p. 42);

(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 (O.J. No. L117, 13.5.2003, p. 44);

Provision in Northern Ireland for the administration and enforcement of measures in the Community Regulation in relation to export and trade between member States is intended to be made by a separate Rule.

The Regulations provide as follows.

It is a specific offence to categorise, collect, transport, dispose, store, process or use, Category 1, Category 2 or Category 3 material other than in accordance with the Community Regulation (regulations 4, 5 and 6).

It is a specific offence to collect, transport, identify or store animal by-products other than in accordance with the Community Regulation. (regulation 8).

Feeding unprocessed animal by-products to farmed animals is prohibited and access by such animals to animal by-products is controlled (regulation 9).

Regulation 10 enforces the restrictions on use of animal by-products in Article 22 of the Community Regulation. This includes intra-species re-cycling, feeding catering waste to farm animals and the application of organic fertilisers on to pasture land. Regulation 11 defines pasture land.

Regulation 12 permits the intra-species re-cycling of fish after 1st January 2004. Until then it is permitted by a transitional measure in Part VI of Schedule 4.

Regulations 13 to 16 provide for the approval of premises for the different types of treatment of animal by-products. Regulation 16 provides that composting on premises where the composted material originated do not need approval if the conditions of that regulation are complied with.

Regulations 17 to 21 provide for checks at plants, sampling and approved laboratories.

Regulations 22 to 24 regulate the placing on the market of various processed animal by-products.

Regulations 25 to 27 provide derogations relating to the use of animal by-products for taxidermy and feeding certain specified animals.

Regulation 28 permits the burial of pet animals.

Regulations 29 and 30 provide for burial or burning in the event of a disease outbreak and for burning or burial of bees and apiculture products.

Regulations 31 to 38 provide for record keeping.

Regulations 39 to 41 provide for applications for approvals, the suspension or revocation of approvals and an appeal against a notice to amend, suspend or revoke an approval.

Under Regulations 42 to 44 an inspector can serve a notice requiring the disposal of animal by-product or catering waste and requiring cleansing and disinfection of any vehicle, container or premises. Any notice served under these Regulations shall be complied with at the expense of the person on whom the notice is served.

Regulations 45 to 47 provide powers of entry, an offence of obstructing an inspector, penalties and enforcement arrangements.

Regulations 49 to 51 provide for transitional measures, amendments and revocations.

Schedule 1 makes provision for biogas and composting plants and Schedule 2 provides for testing methods.

Schedule 3 contains transitional provisions relating to intra-species re-cycling of fish, disposal of former foodstuffs, used cooking oils in animal feed, disposal of mammalian blood, oloechemical plants and low capacity incinerators.

Schedules 4 and 5 contain consequential amendments and revocations.