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The Animal By-Products (Enforcement) (England) Regulations 2013
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Regulation 2
SCHEDULE 1U.K.Animal By-Product Requirements
| Subject matter of requirement | Provisions containing the basic requirement | Provisions to be read with the provision(s) mentioned in Column 2 |
|---|---|---|
| 1. General obligation | Article 4(1) and (2) of the EU Control Regulation | Article 3 of the EU Implementing Regulation |
| 2. General animal health restrictions | Article 6(1) of the EU Control Regulation | Article 4 of the EU Implementing Regulation |
| 3. Restrictions on use for feeding purposes | Article 11 of the EU Control Regulation | Regulations 4 and 5 of these Regulations and Article 5 of the EU Implementing Regulation |
| 4. Restrictions on access to bodies | Articles 12, 13 and 21(1) of the EU Control Regulation | Regulation 4(3) of these Regulations |
| 5. Disposal and use of Category 1 material | Article 12 of the EU Control Regulation, subject to Article 16(b) to (e) of that Regulation and Article 7 of the EU Implementing Regulation | [F1Regulation 7A of these Regulations and Articles 6(3) to (5), 8(1), 9(b) and (c), 10(1), 11(2), 12(2), 13(2) and 15 of the EU Implementing Regulation] |
| 6. Disposal and use of Category 2 material | Article 13 of the EU Control Regulation, subject to Articles 15(2)(b) and 16(b) to (f) and (h) of that Regulation | Regulation 6 of these Regulations and Articles 6(3) to (5), 8(1), 9(b) and (c), 10(1), 11(2), 12(2), 13(1) and 15 of the EU Implementing Regulation |
| 7. Disposal and use of Category 3 material | Article 14 of the EU Control Regulation, subject to Article 16 (b) to (h) of that Regulation and Article 7 of the EU Implementing Regulation | Regulation 29 of these Regulations and Articles 6(3) to (5), 8(1), 9(b) and (c), 10(1), 11(2), 12(2), 13(2), 15 and 36(3) of the EU Implementing Regulation |
| 8. Collection and identification as regards category and transport | Article 21(1) to (4) of the EU Control Regulation | Article 17 of the EU Implementing Regulation |
| 9. Traceability | Article 22(1) and (2) of the EU Control Regulation | Article 17 of the EU Implementing Regulation |
| 10. Registration of operators, establishments and plants | Articles 23(1) and (2) and 55 of the EU Control Regulation | Regulation 11 of these Regulations and Articles 20(1) and (2) and 32(7) of the EU Implementing Regulation |
| 11. Approval of establishments and plants | Articles 24, 44(3) and 55 of the EU Control Regulation | Regulation 13 of these Regulations and Articles 19, 32(7) and 33 of the EU Implementing Regulation |
| 12. General hygiene conditions | Article 25 of the EU Control Regulation | Articles 9(a), 19 and 20 of the EU Implementing Regulation |
| 13. Handling of animal by-products within food businesses | Article 26 of the EU Control Regulation | |
| 14. Own checks | Article 28 of the EU Control Regulation | |
| 15. Hazard analysis and critical control points | Article 29(1) to (3) of the EU Control Regulation | |
| 16. Placing on the market animal by-products and derived products for feeding to farmed animals excluding fur animals | Article 31(1) of the EU Control Regulation | Articles 21 and 24(2) of the EU Implementing Regulation |
| 17. Placing on the market and use of organic fertilisers and soil improvers | Article 32(1) and (2) of the EU Control Regulation | Regulation 5 of these Regulations and Articles 22(1) to (3) F2... of the EU Implementing Regulation |
| 18. Collection and movement for manufacture of derived products | Article 34 of the EU Control Regulation except in so far as it relates to imports | Article 33 of the EU Control Regulation and Article 23 of the EU Implementing Regulation |
| 19. Prohibition on use for manufacture for products not within Article 33 or 36 of the EU Control Regulation Article | Article 24(1) of the EU Implementing Regulation | Articles 33 and 36 of the EU Control Regulation |
| 20. Placing on the market of pet food | Article 35 of the EU Control Regulation | Articles 3 and 24(3) of the EU Implementing Regulation |
| 21. Placing on the market of other derived products | Article 36 of the EU Control Regulation | Regulation 8 of these Regulations and Articles 3 and 24(1), (2) and (4) of the EU Implementing Regulation |
| 22. Safe sourcing | Article 37(2) of the EU Control Regulation | |
| 23. Export | Article 43 of the EU Control Regulation | |
| 24. Controls for dispatch | Article 48 of the EU Control Regulation | Articles 11(3), 12(3) and 31 of the EU Implementing Regulation |
| 25. Compliance with operating standards | Articles 10(1), 21(1), 22(1) and 24(3) of the EU Implementing Regulation | Regulation 9 of these Regulations |
Textual Amendments
F1Words in Sch. 1 substituted (31.12.2015) by The Animal By-Products (Enforcement) (England) (Amendment) Regulations 2015 (S.I. 2015/1980), regs. 1(b), 9
F2Words in Sch. 1 omitted (29.3.2019) by virtue of The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 16(2)
Regulation 27
SCHEDULE 2U.K.Consequential Amendments
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991U.K.
1. In regulation 2 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 M1—
(a)in paragraph (1)(i), for “Article 7(1) or 7(2)” substitute “ Article 21(1) to (3) ”; and
(b)in paragraph (2), for the definition of “the Community Regulation” substitute—
““the Community Regulation” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);”.
Marginal Citations
M1S.I. 1991/1624 amended by S.I. 2006/937; there are other amending instruments but none is relevant.
The Foot-and-Mouth Disease (England) Order 2006U.K.
2.—(1) The Foot-and-Mouth Disease (England) Order 2006 M2 is amended as follows.
(2) In article 2(1), after the definition of “raw milk” insert—
““Regulation (EC) No. 1069/2009” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);
“Regulation (EU) No. 142/2011” means Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive;”.
(3) In article 26, in paragraph (2)(b) for “point 5 of Section II in Part A of Chapter III of Annex VIII to 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, as amended,” substitute “ Articles 15 and 32 of Regulation (EC) No. 1069/2009 and Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011 ”.
(4) In article 27(2)(c) for “Regulation (EC) No. 1774/2002, as amended” substitute “ Regulation (EC) No. 1069/2009 ”.
(5) In Schedule 5—
(a)in paragraph 20(4), for “point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ Articles 15 and 32 of Regulation (EC) No. 1069/2009 and Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011 ”; and
(b)in paragraph 33(4), for “point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ Articles 15 and 32 of Regulation (EC) No. 1069/2009 and Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011 ”.
(6) In Schedule 6—
(a)in paragraph 2, for “article 20 of and points A(2)(c) or (d) of Chapter VI of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ Article 36 of Regulation (EC) No. 1069/2009 and point 28(c) and (d) of Annex I to Regulation (EU) No. 142/2011 ”;
(b)in paragraph 3, for “article 20 of and point A(1) of Chapter VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ Article 36 of Regulation (EC) No. 1069/2009 and Article 24(4) of Regulation (EU) No. 142/2011 ”;
(c)in paragraph 5, for “point B(3)(e)(ii) of Chapter IV of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ point 2(b)(ii) of Chapter IV of Annex XIII to Regulation (EU) No. 142/2011 ”;
(d)in paragraph 6, for “point B(2)(d)(iv) of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002, as amended” substitute “ point 3(d) of Chapter I of Annex XIV to Regulation (EU) No. 142/2011 ”;
(e)in paragraph 7, for “points B(2), (3) or (4) of Chapter II of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ Chapter II of Annex XIII to Regulation (EU) No. 142/2011 ”; and
(f)in paragraph 8, for “points A(1), (3), or (4) of Chapter VII of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ Chapter VI of Annex XIII to Regulation (EU) No. 142/2011 ”.
Marginal Citations
M2S.I. 2006/182, amended by S.I. 2009/2713; there are other amending instruments but none is relevant.
The Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006U.K.
3. For paragraph 18(4) of the Schedule to the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 M3 substitute—
“(4) The occupier of any premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) shall ensure that it is treated in accordance with—
(a)Articles 15 and 32 of Regulation (EC) No. 1069/2009 of the European Parliament and of the Council; and
(b)Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council.”.
Marginal Citations
M3S.I. 2006/183; to which there are amendments not relevant to these Regulations.
The Avian Influenza (H5N1 in Poultry) (England) Order 2006U.K.
4.—(1) The Avian Influenza (H5N1 in Poultry) (England) Order 2006 M4 is amended as follows.
(2) In article 2—
(a)in the definition of “bird by-product”, for the words “Articles 4, 5 or 6 of Regulation (EC) No 1774/2002” substitute Articles 8, 9 or 10 of Regulation (EC) No. 1069/2009”;
(b)for the definition of “Regulation (EC) No. 1774/2002” substitute—
““Regulation (EC) No 1069/2009” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);”; and
(c)after the definition inserted by sub-paragraph (b) insert—
““Regulation (EU) No 142/2011” means Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive;”.
(3) In article 3(6), for sub-paragraph (c) substitute—
“(c)the following plants if approved under Article 24 of Regulation (EC) No. 1069/2009—
(i)incineration plants;
(ii)co-incineration plants;
(iii)processing plants;
(iv)biogas plants;
(v)composting plants;
(vi)petfood plants.”.
(4) In article 14—
(a)for paragraph (2) substitute—
“(2) But a veterinary inspector or an inspector acting under the direction of a veterinary inspector may licence the movement of any of the following bird by-products—
(a)processed animal protein within the meaning of paragraph 5 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 1 of Chapter II of Annex X to that Regulation;
(b)blood products within the meaning of paragraph 4 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of paragraph B of Section 2 of Chapter II of Annex X to that Regulation;
(c)rendered fats within the meaning of paragraph 8 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of paragraph B of Section 3 of Chapter II of Annex X to that Regulation;
(d)gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;
(e)hydrolysed protein within the meaning of paragraph 14 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;
(f)dicalcium phosphate which complies with the requirements of paragraph B of Section 6 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(g)tricalcium phosphate which complies with the requirements of paragraph B of Section 7 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(h)collagen within the meaning of paragraph 11 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 8 of Chapter II of Annex X to that Regulation;
(i)egg products which comply with the requirements of paragraph B of Section 9 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(j)processed pet food within the meaning of paragraph 20 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of Chapter II of Annex XIII to that Regulation;
(k)raw petfood within the meaning of paragraph 21 of Annex I to Regulation (EU) No. 142/2011 which complies with Chapter II of Annex XIII;
(l)dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of Chapter II of Annex XIII to that Regulation;
(m)processed manure and processed manure products which comply with the requirements of Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011;
(n)game trophies having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures within the meaning of Chapter VI of Annex XIII to Regulation (EU) No. 142/2011;
(o)those by-products which are transported to designated plants within article 3(6)(c) for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;
(p)those products which are transported to users or collection centres authorised and registered in accordance with Article 23 of Regulation (EU) No. 142/2011 for the feeding of animals after they have been treated by a method approved by the competent authority which ensures inactivation of the avian influenza virus;
(q)untreated feathers or parts of untreated feathers produced from poultry within the meaning of paragraph 30 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation;
(r)poultry feathers, feathers from wild game birds or parts of such feathers which have been treated with a steam current or by another method which ensures inactivation of the avian influenza virus.”;
(b)in paragraph (3), for “Annex V to Regulation (EC) No. 1774/2002” substitute “ Regulation (EC) No. 1069/2009 and Annex IV to Regulation (EU) No. 142/2011 ”; and
(c)in paragraph (4), for “Chapter X of Annex II to Regulation (EC) No. 1774/2002” substitute “ Chapter III of Annex VIII to Regulation (EU) No. 142/2011 ”.
Marginal Citations
The Avian Influenza (H5N1 in Wild Birds) (England) Order 2006U.K.
5.—(1) The Avian Influenza (H5N1 in Wild Birds) (England) Order 2006 M5 is amended as follows.
(2) In article 2—
(a)in the definition of “bird by-product” for the words “Articles 4, 5 or 6 of Regulation (EC) No. 1774/2002” substitute Articles 8, 9 or 10 of Regulation (EC) No. 1069/2009”;
(b)for the definition of “Regulation (EC) No. 1774/2002” substitute—
““Regulation (EC) No. 1069/2009” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);”;and
(c)after the definition inserted by sub-paragraph (b) insert—
““Regulation (EU) No. 142/2011” means Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive;”.
(3) In article 13(1), for sub-paragraph (c) substitute—
“(c)the following plants if approved under Article 24 of Regulation (EC) No. 1069/2009—
(i)incineration plants;
(ii)co-incineration plants;
(iii)processing plants;
(iv)biogas plants;
(v)composting plants;
(vi)petfood plants”.
(4) In Schedule 1—
(a)in paragraph 13, for sub-paragraph (2) substitute—
“(2) A veterinary inspector may not grant or direct the grant of a licence under sub-paragraph (1) unless it is for a movement of—
(a)processed animal protein within the meaning of paragraph 5 of Annex 1 to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 1 of Chapter II of Annex X to that Regulation;
(b)blood products within the meaning of paragraph 4 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of paragraph B of Section 2 of Chapter II of Annex X to that Regulation;
(c)rendered fats within the meaning of paragraph 8 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of paragraph B of Section 3 of Chapter II of Annex X to that Regulation;
(d)gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;
(e)hydrolysed protein within the meaning of paragraph 14 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;
(f)dicalcium phosphate which complies with the requirements of paragraph B of Section 6 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(g)tricalcium phosphate which complies with the requirements of paragraph B of Section 7 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(h)collagen within the meaning of paragraph 11 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 8 of Chapter II of Annex X to that Regulation;
(i)egg products which comply with the requirements of paragraph B of Section 9 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(j)processed pet food within the meaning of paragraph 20 of Annex 1 to Regulation (EU) No. 142/2011 which complies with the requirements of Chapter II of Annex XIII to that Regulation;
(k)raw pet food within the meaning of paragraph 21 of Annex I to Regulation (EU) No. 142/2011 which complies with Chapter II of Annex XIII;
(l)dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of Chapter II of Annex XIII to that Regulation;
(m)processed manure and processed manure products which comply with the requirements of Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011;
(n)game trophies having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures within the meaning of Chapter VI of Annex XIII to Regulation (EU) No. 142/2011;
(o)those by-products which are transported to designated plants within article 13(1)(c), processing plants for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;
(p)those products which are transported to users or collection centres authorised and registered in accordance with Article 23 of Regulation (EU) No. 142/2011 for the feeding of animals after they have been treated by a method approved by the competent authority which ensures inactivation of the avian influenza virus;
(q)untreated feathers or parts of untreated feathers produced from poultry within the meaning of paragraph 30 of Annex 1 to Regulation (EU) No. 142/2011 which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation;
(r)poultry feathers, feathers from wild game birds or parts of such feathers which have been treated with a steam current or by another method which ensures inactivation of the avian influenza virus”;
(b)in paragraph 13(3), for “Annex V to Regulation (EC) No. 1774/2002” substitute “ Regulation (EC) No. 1069/2009 and Annex IV to Regulation (EU) No. 142/2011 ”;
(c)in paragraph 13(5), for “Chapter X of Annex II to Regulation (EC) No. 1774/2002” substitute “ Chapter III of Annex VIII to Regulation (EU) No. 142/2011 ”;
(d)in paragraph 14(a), for “Regulation (EC) No. 1774/2002” substitute “ Regulation (EC) No. 1069/2009 and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011 ”;
(e)in paragraph 15(a), for “Regulation (EC) No. 1774/2002” substitute “ Regulation (EC) No. 1069/2009 and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011 ”.
Marginal Citations
The Cattle Identification Regulations 2007U.K.
6. For paragraph 3(3) of Schedule 3 to the Cattle Identification Regulations 2007 M6, substitute—
“(3) If the Secretary of State does not provide a replacement, the animal to which it relates must not be moved off a holding except (under the authority of a licence granted by the Secretary of State) to—
(a)a plant approved under Article 24(1)(a), (b), (c) or (h) of Regulation (EC) No. 1069/2009 of the European Parliament and of the Council; or
(b)a registered collection centre which complies with Section 1 of Chapter II of Annex VI of Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council”.
Marginal Citations
M6S.I. 2007/529 to which there are amendments not relevant to these Regulations.
The Legislative and Regulatory Reform (Regulatory Functions) Order 2007U.K.
7. In Part 2 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 M7, under the cross-heading “animal health and welfare”—
(a)omit the entry “Animal By-Products Regulations 2005”; and
(b)after the entry “Veterinary Medicines Regulations 2008” insert “ Animal By-Products (Enforcement) (England) Regulations 2013 ”.
Marginal Citations
M7S.I. 2007/3544, amended by S.I. 2009/ 2981; there are other amending instruments but none is relevant.
The Animal Gatherings Order 2010U.K.
8. In article 8(2) of the Animal Gatherings Order 2010 M8, for “Animal By-Products Regulations 2005” substitute “ Regulation (EC) No. 1069/2009 of the European Parliament and of the Council ”.
Marginal Citations
The Environmental Permitting (England and Wales) Regulations 2010U.K.
9.—(1) The Environmental Permitting (England and Wales) Regulations 2010 M9 are amended as follows.
(2) In regulation 2(1)—
(a)omit the definition “the Animal By-Products Regulations”; and
(b)after the definition of “regulated facility” insert—
““Regulation (EC) No 1069/2009” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);”.
(3) In Section 6.8 of Chapter 6 of Schedule 1, omit paragraph 1(g) and (i).
Marginal Citations
M9S.I. 2010/675 amended by S.I. 2010/2172, 2011/988 and 2013/390; there are other amending instruments but none is relevant.
The Transmissible Spongiform Encephalopathies (England) Regulations 2010U.K.
F310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 2 para. 10 omitted (19.7.2018) by virtue of The Transmissible Spongiform Encephalopathies (England) Regulations 2018 (S.I. 2018/731), regs. 1(1), 21(2)(c)
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