Title and commencement

1. This Order may be cited as the Animal By-Products Order 1992 and shall come into force on 1st January 1993.

Extension of definitions of "Animals" and "Poultry"

2. For the purposes of the Act in its application to this Order-

(a)the definition of "animals" in section 87(1) of the Act is hereby extended so as to comprise-

(i)any kind of mammal except man,

(ii)any kind of four-footed beast which is not a mammal and

(iii)fish, and

(b)the definition of "poultry" in section 87(4) of the Act is hereby extended so as to comprise quails.

Interpretation

3.-(1) In this Order, unless the context otherwise requires-

"the Act" means the Animal Health Act 1981;

"animal" includes poultry;

"animal by-product" means any carcase or part of any animal or product of animal origin not intended for direct human consumption but does not include animal excreta or catering waste or meat cooked at a knacker's yard for use as food for animals whose flesh is not intended for human consumption;

"approved premises" means premises approved by the Minister under article 8;

"burial" means interment at a depth beyond the reach of carnivorous animals;

"knacker's yard" means any premises used in connection with the business of slaughtering, flaying or cutting up animals the flesh of which is not intended for human consumption;

"premises" includes land;

"rendering" means subjecting animal by-products at a rendering, fishmeal or other plant to any of the systems of treatment or procedures mentioned in Schedule 4;

"scientific purposes" means diagnostic, educational or research purposes;

"technical or pharmaceutical products" means products intended for purposes other than human food or animal feedingstuffs.

(2) Any reference in this Order to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order.

Scope

4.-(1) The provisions of this Order shall not apply to waste food defined in, and required to be processed under, the provisions of the Diseases of Animals (Waste Food) Order 1973(2)

(2) The provisions of this Order shall not apply to hides, skins, hooves, feathers, wool, horns, hair, blood and similar products from animals slaughtered in the normal way which are not used in the manufacture of feedingstuffs but shall apply to such products when originating from animals which (during veterinary inspection at the time of slaughter) show signs of any disease communicable through that product to man or animals.

PART IDISPOSAL AND PROCESSING OF ANIMAL BY-PRODUCTS

Restriction on disposal of animal by-products referred to in Part I of Schedule 1

5.-(1) Subject to the provisions of paragraphs (2) and (3) below any person who has in his possession or under his control any animal by-product referred to in Part I of Schedule 1 shall dispose of it by one of the following methods, namely-

(a)by rendering in approved premises;

(b)by incineration;

(c)by burial.

(2) Subject to the provisions of paragraph (3) below the provisions of paragraph (1) above shall not apply to-

(a)the use of any such by-product for scientific purposes;

(b)the distribution of any such by-product referred to in paragraphs (a), (b) and (e) of Part I of Schedule 1, or use of any such by-product at a knacker's yard or at premises used for feeding zoo, circus or fur animals, recognized packs of hounds or for feeding to maggots farmed for fishing bait;

(c)the use, under the authority of a licence from the Minister, of any such byproduct for the production of material that has not been fully rendered subject to the final disposal of that by-product in accordance with paragraph (1) above.

(3) The Minister may, if he thinks it expedient to do so, require, by notice, any such byproduct to be disposed of by incineration or burial.

Restriction on disposal of animal by-products referred to in Part II of Schedule 1

6.-(1) Subject to the provisions of paragraph (2) below any person who has in his possession or under this control any animal by-product referred to in Part II of Schedule 1 shall dispose of it by one of the following methods, namely-

(a)by rendering in approved premises;

(b)by incineration;

(c)by burial.

(2) The provisions of paragraph (1) shall not apply to-

(a)the use of any such by-product for scientific purposes;

(b)the distribution of any such by-product to or use of any such by-product at a knacker's yard or at premises used for feeding zoo, circus or fur animals, recognized packs of hounds or for feeding to maggots farmed for fishing bait;

(c)the collection or use of any such by-product for the preparation of petfood or of technical or pharmaceutical products in premises registered under article 9;

(d)the use, under the authority of a licence from the Minister of any such byproduct for the production of material that has not been fully rendered, subject to the final disposal of that by-product in accordance with paragraph (1) or (2)(c) above.

(3) Where the use of such by-product is in accordance with paragraph (2)(c) above the Minister may if he thinks it expedient to do so require by notice that it be despatched, stored or processed in a specific location and under specific conditions.

Restrictions on movement of animal by-products

7. No person shall move or cause or permit to be moved any animal by-product from any premises except in accordance with the provisions of Schedule 2.

Approval of animal by-products rendering premises

8.-(1) No person shall, in the course of a business carried on by him, render any animal by-product on any premises unless those premises are approved in writing by the Minister for such purpose.

(2) Any person wishing to obtain approval for use of any premises for the rendering of any animal by-product shall make an application to the Minister in such form and manner as the Minister may require and shall provide all the particulars specified in Schedule 3 in writing.

(3) The Minister-

(a)shall grant the approval referred to in paragraph (1) above subject to the requirements set out in Part I of Schedule 4 or, as the case may be, Part II of Schedule 4 and to such other conditions as may be specified in the approval;

(b)may vary, revoke or suspend the approval by notice in writing served on the person to whom the approval was granted; and

(c)may grant the approval to remain in force until revoked or to expire at a time specified in the approval.

Registration of premises collecting or using animal by-products for petfood, technical or pharmaceutical products

9.-(1) No person shall use any premises (other than premises on which the animal by-products originate) to collect animal by-products intended for the preparation of petfood or for the production of petfood (other than knackers' yards) or technical or pharmaceutical products using animal by-products referred to in Part II of Schedule 1 unless his name is registered in respect of those premises and that product.

(2) The appropriate Minister shall keep, for the purposes of paragraph (1) above, a register of persons entitled to use premises for the collection of material intended for the preparation or production of petfood or technical or pharmaceutical products.

(3) Any application for registration shall be in writing in such form and manner as the appropriate Minister may require.

(4) The appropriate Minister shall, subject to paragraph (5) below, register the applicant's name in respect of those premises and that product and shall issue to the applicant a certificate of such registration.

(5) The appropriate Minister shall refuse to register the name of any person in respect of any premises unless the particulars specified in Schedule 5 are notified to him in writing.

(6) The appropriate Minister shall refuse to register or shall remove the name of any 1373.04person in respect of any premises if, as the result of an inspection carried out on the premises by a veterinary inspector, he is satisfied that the provisions of article 7 and Schedule 2 or Schedule 6 are not being complied with or cannot be complied with by the date on which registration could otherwise be effected.

(7) A person whose name is registered shall notify the appropriate Minister in writing of any change in the particulars previously notified to him except in the case of information required by paragraph 6 of Schedule 5, such notification to be made within 14 days of any such change.

Registration of premises used for the feeding of animal by-products to zoo, circus or fur animals, recognized packs of hounds and maggot farming for fishing bait

10.-(1) No person shall receive or use on any premises any animal by-product referred to in paragraph (a), (b) or (e) of Part I of Schedule 1 or Part II of Schedule 1 for feeding to zoo, circus or fur animals, recognized packs of hounds and to maggots farmed for fishing bait, unless his name and the address of those premises are registered in respect of those premises.

(2) The appropriate Minister shall keep, for the purposes of paragraph (1) above, a register of persons being persons entitled to use premises for the receipt and use of any animal by-product.

(3) Any application for registration shall be in writing in such form and manner as the appropriate Minister may require.

(4) The appropriate Minister shall, subject to paragraph (5) below, register the applicant's name in respect of those premises and shall issue to the applicant a certificate of such registration.

(5) The appropriate Minister shall refuse to register the name of any person in respect of any premises unless the particulars specified in Schedule 5 are notified to him in writing.

(6) The appropriate Minister shall refuse to register or shall remove the name of any person in respect of any premises, if, as the result of an inspection carried out in the premises by a veterinary inspector, he is satisfied that the provisions of article 7 and Schedule 2 are not being complied with or cannot be complied with by the date on which registration would otherwise be effected.

(7) A person whose name is registered shall notify the appropriate Minister in writing of any change in the particulars previously notified to him except in respect of information required by paragraph 6 of Schedule 5, such notification to be made within 14 days of any such change.

PART IIGENERAL

Transitional provision

11. No person shall be convicted of any offence against section 73 of the Act by virtue of any breach of this Order in relation to any act or omission of his which occurred before 1st July 1993.

Local Authority to enforce Order

12. The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the Local Authority.

Inspections, taking samples etc.

13.-(1) An inspector who enters any land, building or other place in exercise of his powers under the Act may-

(a)carry out such inquiries, examinations and tests, and

(b)take such samples

as are necessary to ascertain whether the provisions of this Order have been or are being complied with.

(2) An inspector may, for the purposes of identification, mark any animal, poultry, carcase, product or feedingstuff or other thing in relation to which any of the powers in paragraph (1) above has been exercised.

(3) No person shall, or shall attempt to, deface, obliterate or remove any such mark as is referred to in paragraph (2) above.

(4) The occupier of any land, building or other place or any person in his employment shall render such reasonable assistance to an inspector as the inspector may require for the purpose of facilitating the exercise of his powers under paragraphs (1) and (2) above.

Article 5 and 6

SCHEDULE 1

PART I

(a)All bovine animals, pigs, goats, sheep, solipeds, poultry and all other animals kept for agricultural production, which have died or been killed on the farm but were not slaughtered for human consumption, including stillborn and unborn animals;

(b)dead animals not referred to in paragraph (a) but which are designated by the Minister by notice in writing to the person in charge of the dead animals or by such other means as the Minister thinks fit;

(c)animals other than those slaughtered for human consumption, which are killed in the context of disease control measures either on the farm or in any other place designated by the Minister;

(d)animal by-products including blood originating from animals which show, during the veterinary inspection carried out at the time of slaughtering, signs of diseases communicable to man or other animals;

(e)with the exception of hides, skins, hooves, feathers, wool, horns, hair, blood and similar products, all those parts of animals slaughtered in the normal way which are not presented for post mortem inspection;

(f)all meat, poultrymeat, fish, game and foodstuffs of animal origin which are spoiled in such a way as to present a risk to human and animal health;

(g)animals, fresh meat, poultrymeat, fish, game and meat and milk products, imported from any country other than a member State which fail to comply with the veterinary requirements for their importation into the Community, unless they are re-exported or their import is accepted under restriction laid down in Community provisions;

(h)farm animals which have died in transit other than those slaughtered for reasons of welfare;

(i)animal by-products containing residues of substances which may pose a danger to human or animal health; milk, meat or products of animal origin rendered unfit for human consumption by the presence of such residues;

(j)fish which show clinical signs of diseases communicable to man or to fish.

PART II

(a)Animal by-products other than those covered in Part I of this Schedule,

(b)products excepted from Schedule 1 Part I paragraph (e), (namely hides, skins, hooves, feathers, wool, horns, hair, blood and similar products) when used in the manufacture of feedingstuffs;

(c)fish caught in the open sea for the purposes of fishmeal production;

(d)fresh fish offal from plants manufacturing fish products for human consumption. 1

Article 7

SCHEDULE 2

1. Any animal by-product must be collected and transported in suitable containers or vehicles in such a way as to prevent leakage. The containers or vehicles must be adequately covered.

2. Vehicles, tarpaulin or other covers and reusable containers must be maintained in a clean condition.

3. Any person consigning any animal by-product described in Schedule 1 Part I to a permitted place of disposal for such a by-product must keep a record of each consignment and must ensure that identifying documentation accompanies the by-product during its transport. Such records and documentation must be retained by the consigner and consignee for two years and must show:

(a)the date on which the by-product was removed;

(b)the quantity, description and source of the by-product;

(c)the destination to which it was delivered;

(d)the name of the haulier who transported it.

4. Premises where any animal by-product described in Schedule 1 Part I is rendered must keep records of incoming consignments of such a by-product. The records must be retained for a period of two years and must show:

(a)the date on which the by-product arrived;

(b)the source, quantity and description of the by-product.

5. Knackers yards and premises registered under article 10 must keep records of incoming consignments of the by-products described in Schedule 1 Parts I and II. The records must be retained for a period of two years and must show:

(a)the date on which the by-product arrived;

(b)the source, quantity and description of the by-product;

(c)the use to which the by-product was put.

6. Where meat, dairy and fish products not intended for human consumption and derived from animals or fish, the meat or milk of which has been approved for human consumption are transported directly in bulk to approved premises, the information on the origin, name and nature of the animal by-products and the words "not for human consumption" must also be indicated on a label attached to the container, cartons or other packaging material in letters at least 2 cm high.

Article 8(2)

SCHEDULE 3

Particulars to be notified to the Minister for the purposes of Article 8 (i) The business name, if any.

(ii)The name and address of the person who carries on the business.

(iii)The address and telephone number of the business.

(iv)The address of each premises at which animal by-products are rendered in the course of the business.

(v)The description of the animal by-products rendered (specifying whether they are Schedule 1 Part I or Part II material).

(vi)The source of animal by-products rendered.

(vii)The description of the rendered material produced.

(viii)Whether rendered material is intended for incorporation in animal feeding stuffs.

Article 8(3)

SCHEDULE 4

PART I

Section ARequirements to be met by premises where animal by-products described in Schedule 1 Part I are rendered.

1. Premises and facilities must meet at least the following requirements:

(a)the premises must be adequately separated from the public highway and other premises. Notwithstanding this they may occupy the same building as a slaughterhouse provided that they are in a completely separate part of the building; unauthorised persons and animals shall have no access to the premises;

(b)the premises must have a clean and an unclean section, adequately separated. The unclean section must have a covered place to receive the material for rendering and must be constructed in such a way that it is easy to clean and disinfect. Floors must be laid in such a way as to facilitate the draining of liquids. The premises must have adequate lavatories, changing rooms and washbasins for staff;

in the unclean section, where appropriate, there must be adequate facilities for deskinning or de-hairing of animals and a storage room for hides;

(c)the premises must have sufficient capacity and hot water and steam production for the rendering of material in accordance with Section B of Part I of this Schedule;

(d)the unclean section must, if appropriate, contain equipment to reduce the size of material for rendering and equipment for loading the crushed material into the rendering unit;

(e)a closed rendering installation is required in which the material must be rendered in accordance with Section B of Part I of this Schedule. Where heat treatment is required, this installation must be equipped with:

• measuring equipment to check temperature and, if necessary, pressure at critical points;

• recording devices to record continuously the results of measurements;

• an adequate safety system to prevent insufficient heating;

(f)to prevent recontamination of the finished rendered material by incoming raw material, there must be clear separation between the area of the premises where the incoming raw material is unloaded and rendered and the areas set aside for further processing of the heated material and the storage of the finished rendered product.

2. The premises must have adequate facilities for cleaning and disinfecting the containers or receptacles in which unrendered material is received and the vehicles-other than ships-in which it is transported.

3. Adequate facilities must be provided for disinfecting the wheels, immediately before their departure, of vehicles transporting animal by-products or leaving the unclean section of the premises.

4. A waste water disposal system meeting hygiene requirements is required for the premises.

5. The premises must either have their own laboratory or make use of the services of a laboratory equipped to carry out the necessary tests and in particular to check conformity with Section C of Part I of this Schedule.

Section BHygiene requirements relating to operating the rendering plant.

1. Animal by-products must be rendered as soon as possible after arrival and shall be stored properly until rendered.

2. Containers, receptacles and vehicles used for the transport of unrendered material must be cleaned, washed and disinfected after each use.

3. Persons must not enter the clean section from the unclean section without changing their working clothes and footwear or without disinfecting the latter. Equipment and utensils shall not be taken from the unclean section into the clean section. 1373.09

4. Waste water originating in the unclean section must be treated to ensure that no pathogens remain.

5. Preventative measures against birds, rodents, insects or other vermin must be taken systematically.

6. Rendering must be carried out either:

(i) so that

(a)material must be heated to a core temperature of at least 133°C for 20 minutes at a pressure of 3 bar. The particle size of the raw material prior to processing must be reduced to at least 50 mm by means of a prebreaker or grinder;

(b)recording thermographs must be provided at the critical points of the heating process to monitor the heat treatment; or

(ii) using any of the systems of heat treatment described in Commission Decision 92/562/EEC(3) subject to the conditions contained in that Decision.

7. Installations and equipment must be kept in a good state of repair and measuring equipment must be calibrated at regular intervals.

8. The finished products must be handled and stored at the premises in such a way as to preclude recontamination.

9. Hides must be salted using sodium chloride.

Section CRequirements concerning the products after rendering.

1. Samples of the finished products, taken directly after heat treatment, must be free from heatresistant pathogenic bacteria spores (Clostridium perfringens absent in 1g of the products).

2. Samples of the final products taken during or upon withdrawal from storage at the premises must comply with the following standards:

where

• n= number of units comprising the sample;

• m= threshold value for the number of bacteria; the result is considered satisfactory if the number of bacteria in all sample units does not exceed m;

• M= maximum value for the number of bacteria; the result is considered unsatisfactory if the number of bacteria in one or more sample units is M or more;

• c= number of sample units the bacterial count of which may be between m and M, the sample still being considered acceptable if the bacterial count of the other sample units is m or less.

SCHEDULE 4

PART II

Section ARequirements to be met by premises where animal by-products described in Schedule 1 Part II are rendered.

1. Premises and facilities must meet at least the following requirements

(a)the premises must be adequately separated from the public highway and other premises such as slaughterhouses. Unauthorised persons and animals shall have no access to the premises;

(b)the premises must have a clean and an unclean section, adequately separated. The unclean section must have a covered place to receive the material for rendering and must be constructed in such a way that it is easy to clean and disinfect. Floors must be laid in such a way as to facilitate the draining of liquids. The premises must have adequate lavatories, changing rooms and washbasins for staff;

in the unclean section, where appropriate, there must be adequate facilities for deskinning or de-hairing of animals and a storage room for hides;

(c)the premises must have sufficient capacity and hot water and steam production for the rendering of material in accordance with Section B of Part II of this Schedule;

(d)the unclean section must, if appropriate, contain equipment to reduce the size of material for rendering and equipment for loading the crushed material into the processing unit;

(e)a closed rendering installation is required in which the material must be rendered in accordance with Section B of Part II of this Schedule. Where heat treatment is required, this installation must be equipped with:

• measuring equipment to check temperature and, if necessary, pressure at critical points;

• recording devices to record continuously the results of measurements;

• an adequate safety system to prevent insufficient heating;

(f)to prevent recontamination of the finished rendered material by incoming raw material, there must be clear separation between the area of the premises where the incoming raw material is unloaded and rendered and the areas set aside for further processing of the heated material and the storage of the finished rendered product.

2. The premises must have adequate facilities for cleaning and disinfecting the containers or receptacles in which unrendered material is received and the vehicles-other than ships-in which it is transported.

3. A waste water disposal system meeting hygiene requirements is required for the rendering plant.

4. Premises must either have their own laboratory or make use of the services of a laboratory equipped to carry out the necessary tests and in particular to check conformity with Section C of Part II of this Schedule.

Section BHygiene requirements relating to operating the rendering plant.

1. Animal by-products must be rendered as soon as possible after arrival and shall be stored properly until rendered.

2. Containers, receptacles and vehicles used for the transport of unrendered material must be cleaned, washed and disinfected after each use.

3. Persons must not enter the clean section from the unclean section without changing their working clothes and footwear or without disinfecting the latter. Equipment and utensils shall not be taken from the unclean section into the clean section.

4. Waste water originating in the unclean section must be treated to ensure that no pathogens remain.

5. Preventative measures against birds, rodents, insects or other vermin must be taken systematically.

6. Installations and equipment must be kept in a good state of repair and measuring equipment must be calibrated at regular intervals.

7. The finished products must be handled and stored at the rendering plant in such a way as to preclude recontamination.

8. Hides must be salted using sodium chloride.

Section CRequirements concerning the products after rendering.

1. Samples of the final products taken during or upon withdrawal from storage at the premises must comply with the following standards:

where

• n= number of units comprising the sample;

• m= threshold value for the number of bacteria; the result is considered satisfactory if the number of bacteria in all sample units does not exceed m;

• M= maximum value for the number of bacteria; the result is considered unsatisfactory if the number of bacteria in one or more sample units is M or more;

• c= number of sample units the bacterial count of which may be between m and M, the sample still being considered acceptable if the bacterial count of the other sample units is m or less.

Articles 9(5) and 10(5)

SCHEDULE 5

Particulars to be notified to the appropriate Minister for the purposes of Articles 9 and 10.

1. The business name, if any.

2. The name and address of the person who carries on the business.

3. The address and telephone number of the business.

4. The address of each premises at which animal by-products are handled.

5. The description of the business.

6. The source of the animal by-products handled and the use to which they are put.

Article 9(6)

SCHEDULE 6FURTHER REGISTRATION REQUIREMENTS

Premises described in article 9(1):

(a)must have adequate facilities for storing and treating the animal by-products in complete safety;

(b)must have adequate facilities for destroying unused raw animal by-products remaining after the production of petfood, technical or pharmaceutical products, or they must send them to an approved rendering plant or to an incinerator;

(c)must have adequate facilities available to destroy waste arising during the production process which is unsuitable on grounds of animal or public health for inclusion in other animal food. These facilities must include incineration or burial. 1373.12

Explanatory Note

(This note is not part of the Order)

This Order implements Council Directive 90/667/EEC of 27th November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fresh origin and amending Directive 90/425/EEC.

The Order defines animal by-products (Article 3) and lays down rules for their disposal and processing. Waste food defined in, and required to be processed under, the provisions of the Diseases of Animals (Waste Food) Order 1973 and certain other products when not being used in feedingstuffs are excluded from the scope of the Order (Article 4).

The main requirements of the Order are that-

1. the animal by-products referred to in Part I of Schedule 1 must, with certain exceptions, be disposed of by rendering in approved premises, by incineration or by burial. The exceptions are for by-products used for scientific purposes as defined in Article 3; for the use under the authority of a licence from the Minister for the production of material that has not been fully rendered; or for the use of certain byproducts in knackers' yards and certain other premises (Article 5);

2. the animal by-products referred to in Part II of Schedule 1 must, with certain exceptions, be disposed of by rendering in approved premises, by incineration or by burial. The exceptions are for by-products used for scientific purposes as defined in Article 3; for their use in knackers' yards and certain other premises; for their collection or use in the preparation of pet food, technical or pharmaceutical products in plants registered under Article 9; or for their use under the authority of a licence from the Minister for the production of material that has not been fully rendered (Article 6);

3. animal by-products must only be moved in accordance with the provisions of Schedule 2 (Article 7);

4. premises cannot be used for rendering (including fishmeal production) of animal by-products unless they are approved in writing by the Minister. The premises must meet the requirements of Part I or Part II of Schedule 4 according to the caterogy of the raw material handled (Article 8, which lays down the requirements and conditions for their approval);

5. persons using premises for collecting animal by-products for the preparation of petfood or for producing petfood (other than knackers), technical or pharmaceutical products must be registered in respect of those premises. The premises must meet the requirements of Schedule 6 (Article 9, which lays down the requirements and conditions for their registration);

6. persons receiving or using certain animal by-products on any premises for feeding to zoo, circus or fur animals, recognised packs of hounds or to maggots farmed for fishing bait must be registered in respect of those premises (Article 10, which lays down the requirements and conditions for their registration).