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:
System | Composting in a closed reactor | Composting in a closed reactor | Composting in housed windrows |
|---|---|---|---|
Maximum particle size | 40cm | 6cm | 40cm |
Minimum temperature | 60°C | 70°C | 60°C |
Minimum time spent at the minimum temperature | 2 days | 1 hour | 8 days (during which the windrow shall be turned at least 3 times at no less than 2 days intervals) |
The time temperature requirements shall be achieved as part of the composting process.
System | Biogas in a closed reactor | Biogas in a closed reactor |
|---|---|---|
Maximum particle size | 5cm | 6cm |
Minimum temperature | 57°C | 70°C |
Minimum time spent at the minimum temperature | 5 hours | 1 hour |
2
The approval shall normally specify one of the methods in the table, but the Secretary of State may approve a different system if she 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 plants3
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 (storage need not be in an enclosed system), 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 plants4
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.
SCHEDULE 2Ruminant derived fluid
Treatment or discharge of fluid from processing ruminant by-products1
1
Any person who processes any ruminant animal by-product shall—
a
discharge or consign for discharge the fluid arising from the processing into—
i
a public sewer in accordance with a trade effluent consent or agreement from the relevant sewerage undertaker under the Water Industry Act 199136; or
ii
controlled waters (within the meaning of the Water Resources Act 199137) in compliance with a discharge consent from the Environment Agency under that Act; or
b
treat the fluid arising from the processing on the processing premises in such a way that the treated fluid has—
i
a level of suspended solids of no more than 80 mg/litre, and
ii
a biochemical oxygen demand of no more than 60 mg/litre,
and failure to do so shall be an offence.
2
If the person who processes the animal by-products consigns fluid that has not been treated in accordance with sub-paragraph (1)(b) for discharge by another person, and that person fails to discharge it in accordance with sub-paragraph (1)(a)—
a
both that person and the processor are guilty of an offence; but
b
it is a defence for the processor to show that he believed on reasonable grounds that that person would discharge the fluid in accordance with sub-paragraph 1(a).
3
This paragraph does not apply in relation to blood that has not been mixed with any other ruminant material.
Measurement of treated fluid2
1
In order to ensure that the treated fluid complies with the levels in paragraph 1(1)(b) an operator who treats fluid in accordance with that paragraph shall as a minimum carry out the following measurements.
2
He shall continuously monitor the level of suspended solids in the treated fluid or alternatively measure it three times a day.
3
Once a week he shall measure the level of suspended solids in the treated fluid by a method that conforms with “Suspended Settleable and Total Dissolved Solids in Waters and Effluents38”.
4
Once a week he shall measure the biochemical oxygen demand of the treated fluid by a method which conforms with the “5 day Biochemical Oxygen Demand (BOD5)39”.
5
If any of these measurements demonstrates that the treated fluid does not comply with the levels in paragraph 1(1)(b) the operator shall ensure that he only discharges the treated fluid in accordance with paragraph 1(1)(a) until further tests show that the treatment system is achieving the required levels.
6
It is an offence to fail to comply with any provision of this paragraph.
Records3
1
Any person who processes any ruminant animal by-products shall, as soon as is reasonably practicable, record the dates and results of the measurements taken in accordance with paragraph 2.
2
For all fluid discharged or consigned from the processing premises he shall, as soon as is reasonably practicable, record—
a
whether the fluid was treated or untreated;
b
the date and method of the discharge or consignment;
c
the quantity discharged or consigned;
d
where it was discharged, or the premises to which it was consigned; and
e
the name of the haulier, if any.
3
It is an offence to fail to comply with any provision of this paragraph.
Records of consignment4
1
Any person who consigns any fluid arising from the processing of ruminant animal by-products (whether or not he processed the by-products himself) from any premises shall, as soon as is reasonably practicable, record—
a
the address of the premises from which the fluid is collected;
b
the date on which the fluid is collected;
c
the quantity and description of the fluid, and whether treated or untreated;
d
the place at which it is to be discharged or disposed of.
2
He shall give a copy to the person who transports the fluid.
3
The transporter shall keep his copy of the record with the consignment until the fluid is discharged or disposed of.
4
The consignor shall keep a copy of the record for at least two years, and the transporter shall keep it for at least two years.
5
It is an offence to fail to comply with any provision of this paragraph.
SCHEDULE 3Testing Methods
PART IMETHOD FOR THE ISOLATION OF CLOSTRIDIUM PERFRINGENS
Time of testing1
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.
Samples2
Tests shall be carried out using two 10 gram portions of each sample submitted for testing. Each 10 gram sample shall be placed aseptically in a sterile container containing 90 ml Clostridium perfringens diluent consisting of 0.1% peptone and 0.8% sodium chloride at a pH of 7 and mixed thoroughly until the sample is evenly suspended.
Inoculations
3
For each portion of the sample 1 ml of solution shall be transferred to a sterile 90 mm petri dish (in duplicate), to which 15 ml of Shahidi - Ferguson agar (SF agar)40 at a temperature of 47°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 SF agar at a temperature of 47°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, 10 characteristic colonies of Clostridium perfringens shall be subcultured on to a further SF agar plate. If there are less than 10 colonies on the plate, all characteristic colonies shall be subcultured on to the further plate. 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, 10 suspect colonies shall be subcultured on to duplicate SF agar plates and incubated anaerobically at 37°C±1°C for 20 hours±2 hours.
8
One characteristic colony from each plate shall be subcultured on to SF agar and incubated anaerobically at 37°C±1°C for 20 hours±2 hours.
Subcultured colonies9
After incubation each plate shall be examined for colonies characteristic of Clostridium perfringens. All colonies characteristic of Clostridium perfringens shall be—
a
stab inoculated into motility nitrate medium41; and
and incubated anaerobically at 37°C±1°C for 20 hours±2 hours.
Motility10
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 nitrite11
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 plate allowed to stand for 15 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 gelatin
12
The lactose gelatin medium shall be examined for the presence of small gas bubbles in the medium.
13
The lactose gelatin medium shall be examined for colour. A yellow colour indicates fermentation of lactose.
14
The lactose gelatin medium shall be chilled for one hour at 2 - 8°C and then checked to see if the gelatin 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 gelatin 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 SF agar, are non-motile, reduce nitrate to nitrite, produce gas and acid from lactose and liquefy gelatin 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 no more than seven days old at the time of use;
b
Escherichia coli NCTC 1041844 or equivalent not more than seven 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 portions of the rendered animal protein shall be placed aseptically in each of two sterile containers containing 90 ml Buffered Peptone Water (BPW)45 and mixed thoroughly until the samples are evenly suspended.
18
One colony of Clostridium perfringens shall be placed in 10 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.
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 METHOD1
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 until required. If the sample has been refrigerated it shall be removed from the refrigerator and stored at room temperature for at least four hours before the test is started.
2
Tests shall be carried out in duplicate using two 25 gram portions of each sample submitted for testing.
Day one2
On day one, each 25 gram sample shall be placed aseptically in a container containing 225 ml Buffered Peptone Water (BPW) and incubated at 37°C±1°C for 18 hours±2 hours.
Day two3
On day two, 0.1 ml from the container of incubated BPW shall be inoculated into 10 ml Rappaports Vassiliadis broth (RV broth)46 and incubated at 41.5°C±0.5°C for 24 hours ± 3 hours.
Day three
4
On day three, the RV broth shall be plated out on to two 90 millimetre plates of Brilliant Green Agar (BGA)47 or on to one 90 millimetre plate of BGA and one 90 millimetre plate of Xylose Lysine Deoxycholate Agar (XLD)48 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 ±27°C for 24 hours ± 3 hours.
5
The residual RV broth shall be reincubated at 41.5°C±0.5°C for a further 24 hours.
Day four
6
On day four the plates shall be examined and a minimum of 3 colonies from each plate showing suspicion of Salmonella growth shall be subcultured -
a
on to a blood agar plate;
b
on to a MacConkey agar plate49; and
c
into biochemical media suitable for the identification of Salmonella.
These media shall be incubated at 37°C overnight.
7
The reincubated RV both shall be plated out as described in paragraph 4.
Day five
8
On day five 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 blood agar or MacConkey plates. If reactions occur with one or both sera, the colonies shall be typed by slide serology. If requested in writing by the Secretary of State, the operator of the laboratory shall send a subculture to a Regional Veterinary Laboratory of the Veterinary Laboratories Agency of the Department for Environment, Food and Rural Affairs for further typing.
9
The plates referred to in paragraph 7 shall be examined and further action taken as in paragraph 6 and 8.
B. ELECTRICAL CONDUCTANCE METHOD10
Tests shall be begun on receipt of the sample 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 stored at room temperature for at least four hours before the test is started.
Day one11
On day one tests shall be carried out in duplicate using two 25 gram portions of each sample submitted for testing. Each 25 gram sample shall be placed aseptically in a sterile container containing 225 ml Buffered Peptone Water/Lysine/Glucose (BPW/L/G)50 and incubated at 37°C for 18 hours.
Day two12
On day two the incubated BPW/L/G shall be added to Selenite Cystine Trimethylamine-N-Oxide Dulcitol (SC/T/D)51 and Lysine Decarboxylase Glucose (LD/G)52 media in electrical conductance cells or wells. For cells or wells containing more than 5 ml medium 0.2 ml of the BPW/L/G shall be added and for cells or wells containing 5 ml or less medium 0.1 ml of the BPW/L/G shall be added. Cells or wells 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 wells shall be kept at 37°C.
Day three13
On day three, 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 well or cell is provisionally identified as being positive for Salmonella, the result shall be confirmed by subculturing the contents of the well or cell on to two 90 millimetre plates of BGA or on to one 90 millimetre plate of BGA and one 90 millimetre 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 overnight.
Day four14
On day four the plates shall be examined and a minimum of 3 colonies from each plate showing suspicion of Salmonella growth shall be subcultured -
a
on to a blood agar plate;
b
on to a MacConkey agar plate; and
c
into biochemical media suitable for the identification of Salmonella.
These media shall be incubated at 37°C overnight.
Day five15
On day five 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 blood agar or MacConkey plates. If reactions occur with one or both sera, the colonies shall be typed by slide serology. If requested in writing by the Secretary of State, the operator of the laboratory shall send a subculture to a Regional Veterinary Laboratory of the Veterinary Laboratories Agency of the Department for Environment, Food and Rural Affairs for further typing.
PART IIIMETHOD FOR THE ISOLATION OF ENTEROBACTERIACEAE
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 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.
Samples2
Tests shall be carried out using five 10 gram portions of each sample submitted for testing. Each 10 gram sample shall be placed aseptically in a sterile container containing 90 ml Buffered Peptone Water and mixed thoroughly until the sample is evenly suspended.
Inoculations
3
For each portion of the sample 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 of Violet Red Bile Glucose Agar (VRBGA)53 at a temperature of 47°C±2°C shall be added to each petri dish and immediately gently mixed by swirling the dish with five clockwise and five anticlockwise circular movements.
4
Once the agar has set, each agar plate shall be overlaid with a further 10 ml VRBGA at a temperature of 47°C±2°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
5
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 3054; 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.
6
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. The colonies shall be subcultured onto a blood agar plate and incubated aerobically at 37°C±1°C for 20 hours±2 hours.
Examination of subcultures
7
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.
8
If not all of the colonies prove to be Enterobacteriaceae, the total count in paragraph 5 shall be reduced in proportion prior to establishing whether or not the sample should fail.
Controls
9
Control tests shall be carried out each day that a test is initiated using -
a
Escherichia coli NCTC 10418 no more than seven days old at time of use; and
b
processed animal protein or compost or digestion residue which is free of Enterobacteriaceae.
10
A 10 gram portion of the rendered animal protein shall be placed aseptically in a sterile container containing 90 ml BPW and mixed thoroughly until the sample is evenly suspended.
11
One colony of Escherichia coli shall be placed in 10 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.
12
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.
SCHEDULE 4Transitional Measures
PART ITHE COLLECTION, TRANSPORTATION AND DISPOSAL OF FORMER FOODSTUFFS55
1
1
The Secretary of State is the competent authority for granting authorisations 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(1)(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
Any person who fails to comply with 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 IIOLEOCHEMICAL PLANTS USING RENDERED FATS FROM CATEGORY 2 AND CATEGORY 3 MATERIALS56
General obligations
1
By way of derogation from Article 14 of the Community Regulation, the Secretary of State 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 conditions in paragraph 4.
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, and .failure to comply with such an instruction is an offence.
3
The approval shall only be granted to premises and facilities that operated in that way on 1st November 2002.
Specific requirements4
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.