The Animal By-Products (Enforcement) (Scotland) Regulations 2013

Made: 30th October 2013

Laid before the Scottish Parliament: 1st November 2013

Coming into force: 1st December 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is necessary for the references to 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 to be construed as references to that instrument as amended from time to time.

PART 1 — Introduction

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Animal By-Products (Enforcement) (Scotland) Regulations 2013 and come into force on 1st December 2013.

• (2) Subject to paragraph (3), these Regulations extend to Scotland only.

• (3) Insofar as regulation 11(6) extends beyond Scotland, it does so only as a matter of Scots law.

Interpretation

2

• (1) In these Regulations—

• “animal by-product requirement” meansany requirement in regulation 4, 5, 10 or 11; orany requirement in any provision of the EU Control Regulation or the EU Implementing Regulation specified in column 2 of Schedule 1 to these Regulations as read with, where applicable, any provision of the EU Control Regulation, the EU Implementing Regulation or these Regulations specified in column 3 of that Schedule;

• “authorised person” has the meaning given in regulation 23;

• “competent authority” has the meaning given in regulation 3;

• “enforcement authority” has the meaning given in regulation 22(5);

• “EU Control 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) , as last amended by Council Regulation (EU) No 1385/2013;

• “EU Implementing Regulation” 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, as amended from time to time ;

• “premises” includes—any land, building (including any domestic premises), shed or pen;any receptacle or container;any ship; ora vehicle of any description; and

• “ship” includes a hovercraft, submersible craft and any other floating craft but not a vessel which—permanently rests on or is permanently attached to the seabed; oris an installation within section 16 of the Energy Act 2008 .

• (2) Expressions used in these Regulations that are also used in the EU Control Regulation or the EU Implementing Regulation have the same meaning in these Regulations as they have in the EU Control Regulation and in the EU Implementing Regulation, as the context may require.

• (3) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15(1) of the Electronic Communications Act 2000 , which has been recorded and is consequently capable of being reproduced.

PART 2 — The competent authority and miscellaneous provisions

The competent authority

3

The Scottish Ministers are the competent authority for the purposes of—

• (a) the EU Control Regulation; and

• (b) the EU Implementing Regulation.

Access

4

• (1) Animal by-products, including catering waste, must not be brought on to any premises where farmed animals are kept.

• (2) But paragraph (1) does not apply—

• (a) where the occupier of the premises and the person having control of the animal by-products ensure that such by-products can be brought on to the premises in such a manner as to prevent farmed animals having access to such by-products; and

• (b) to derived products, except—

• (i) products derived from catering waste; and

• (ii) meat-and-bone meal derived from Category 2 material and processed animal proteins intended to be used as or in organic fertilisers and soil improvers that do not comply with the requirements of Article 32(1)(d) (placing on the market and use) of the EU Control Regulation.

Restrictions on access to bodies

5

The body or part of a body of any farmed animal that has not been slaughtered for human consumption must be held by an operator, pending consignment or disposal, in accordance with the EU Control Regulation as read with the EU Implementing Regulation, in such manner as to ensure that any animal or bird will not have access to it.

Use of organic fertilisers and soil improvers and extended waiting period for pigs in relation to the prohibition in Article 11(1)(c) of the EU Control Regulation

6

• (1) In accordance with Article 32(1) of the EU Control Regulation, the application of organic fertilisers or soil improvers to land is prohibited, where, during the period of 60 days commencing from the date of the application of such products, it is intended that pigs will—

• (a) have access for grazing to such land; or

• (b) be fed cut herbage from such land.

• (2) Where organic fertilisers or soil improvers have been applied to land, pigs are prohibited during the additional waiting period from—

• (a) having access for grazing to such land; or

• (b) being fed cut herbage from such land.

• (3) Paragraphs (1) and (2) do not apply to the following organic fertilisers or soil improvers:—

• (a) manure;

• (b) milk;

• (c) milk based products;

• (d) milk derived products;

• (e) colostrum;

• (f) colostrum products; and

• (g) digestive tract content.

• (4) In this regulation—

• (a) “the minimum waiting period” is the period of 21 days commencing on the date of application of organic fertilisers or soil improvers to land as provided in Article 11(1)(c) of the EU Control Regulation (restrictions on use), as read with Article 5(2) of, and Chapter II of Annex II to, the EU Implementing Regulation (restrictions on the use of animal by-products and derived products); and

• (b) “the additional waiting period” is the period of 39 days commencing on the date of expiration of the minimum waiting period.

Collection centres for feeding in relation to Article 18(1) of the EU Control Regulation

7

In relation to Article 18(1) of the EU Control Regulation (special feeding purposes) and in accordance with Article 13 of the EU Implementing Regulation (special feeding rules), as read with point 3 of Section 1 of Chapter II of Annex VI to that Regulation, the use of a processing plant for Category 2 material which is approved for the purpose of being a collection centre for Category 2 material is authorised as a collection centre.

Remote areas referred to in Article 19(1)(b) of the EU Control Regulation

8

For the purposes of Article 19(1)(b) of the EU Control Regulation (collection, transport and disposal), the following areas are categorised as remote areas:—

• (a) the area of the Argyll and Bute Council, excluding the Parishes of Arrochar (339), Cardross (347), Dunoon and Kilmun (140), Inverchaolain (141), Kilfinan (142), Kilmodan (143), Kingarth (276), Lochgoilhead and Kilmorich (144), Luss (349), North Bute (other than the island of Inchmarnock) (277), Rhu (340), Rosneath (341), Rothesay (278), Strachur (145) and Strathlachlan (146);

• (b) the area of Comhairle nan Eilean Siar;

• (c) the area of the Highland Council, excluding the Parishes of Abernethy and Kincardine (438), Alvie (439), Ardclach (605), Ardersier (445), Auldearn (606), Boleskine and Abertarff (433), Cawdor (607), Cromdale, Inverallan and Advie (586), Croy (446), Croy and Dalcross (608), Daviot and Dunlichity (447), Dores (448), Duthil and Rothiemurchus (440), Inverness and Bona (449), Kingussie and Insh (441), Kirkhill (436), Moy and Dalarossie (450), Nairn (609) and Petty (451);

• (d) in the area of North Ayrshire Council, the parishes of Cumbrae (279), Kilbride (274) and Kilmory (275);

• (e) the area of the Orkney Islands Council;

• (f) in the area of the Perth and Kinross Council, the Parish of Fortingall (679); and

• (g) the area of the Shetland Islands Council.

Placing on the market in relation to Article 36 of the EU Control Regulation

9

In relation to Article 36 of the EU Control Regulation (placing on the market of other derived products) and in accordance with Article 24(4) of the EU Implementing Regulation (pet food and other derived products), as read with point B of Chapter VII to Annex XIII to that Regulation, the placing on the market of untreated wool and hair from farms or from establishments or plants is authorised without restrictions except where they present a risk of any disease communicable through those products to humans or animals.

Reporting of test results

10

Operators must report to the Scottish Ministers the results of any tests carried out which fail to meet the standards required by the following Articles of the EU Implementing Regulation—

• (a) Article 10(1) (requirements regarding the transformation of animal by-products and derived products into biogas and composting);

• (b) Article 21(1) (processing and placing on the market of animal by-products and derived products for feeding to farmed animals, excluding fur animals);

• (c) Article 22(1) (placing on the market and use of organic fertilisers and soil improvers); or

• (d) Article 24(3) (petfood and other derived products).

PART 3 — Staining

Staining

11

• (1) This regulation applies to the operators of—

• (a) slaughterhouses;

• (b) cutting plants;

• (c) game-handling establishments; and

• (d) cold stores.

• (2) In this regulation—

• (a) the terms “slaughterhouse”, “cutting plant” and “game-handling establishment” have the meanings given to them in regulation 5(7) of the Food Hygiene (Scotland) Regulations 2006 ; and

• (b) “cold store” means any premises, not forming part of a slaughterhouse, cutting plant or game-handling establishment, used for the storage, under temperature controlled conditions, of fresh meat intended for sale for human consumption.

• (3) Operators must, subject to paragraph (5), without undue delay, stain the following animal by-products in accordance with paragraph (4)—

• (a) animal by-products defined by the following articles of the EU Control Regulation—

• (i) Article 8(c) and (d) (Category 1 material);

• (ii) Article 9(c) and (d) (Category 2 material);

• (b) whole poultry bodies where the animals are dead on arrival at the slaughterhouse;

• (c) bodies or parts of animals which are unfit for human consumption because they show signs of disease communicable to humans or animals;

• (d) bodies or parts of animals which are unfit for human consumption because they have not been presented for either ante or post mortem inspection;

• (e) bodies or parts of animals which have been contaminated with any substance which may pose a threat to public or animal health; and

• (f) Category 3 material that has changed through decomposition or spoilage so as to present an unacceptable risk to public or animal health.

• (4) Operators must—

• (a) stain the animal by-products with a solution of colouring agent of such a strength that the staining is clearly visible and remains visible after the animal by-product has been chilled or frozen;

• (b) stain the whole surface of the animal by-product, whether by immersing the animal by-product in the stain, spraying the animal by-product with the stain or applying the stain to the animal by-product by any other equally effective means;

• (c) in the case of an animal by-product not falling within sub-paragraph (d) and weighing not less than 20kg, apply the stain after the surface of the animal by-product has been opened by multiple and deep incisions; and

• (d) in the case of an animal by-product comprising an entire poultry body, whether or not it has been eviscerated or de-feathered, apply the stain after the surface of the body has been opened by multiple and deep incisions.

• (5) Operators need not stain—

• (a) any animal by-product which is removed, or is intended to be removed, from any premises by, or under the authority of, a veterinary surgeon for examination by, or on behalf of, that surgeon;

• (b) any animal by-product consisting of the stomach and intestines or the digestive tract content of an animal, or which is mixed with those parts or content, in a container containing mainly those parts or content for disposal in accordance with the EU Control Regulation;

• (c) any animal by-product which is intended for use for scientific purposes and which, pending such use or removal to premises for such use in accordance with the EU Control Regulation, is placed in a receptacle designed for the purpose of holding animal by-products and bearing a notice that its contents are intended for use for scientific purposes;

• (d) any animal by-product which is moved immediately after generation, via a sealed and leak-proof pipe, to a processing or incineration establishment or plant approved under Article 24(1)(a), (b) or (c) of the EU Control Regulation; or

• (e) an entire animal body, except an entire poultry body.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — Registration and approval

Procedure for registration of plants and establishments

12

A notification by an operator must be made in writing to the competent authority, where it is made—

• (a) for the purpose of registration in accordance with Article 23(1) of the EU Control Regulation (registration of operators, establishments or plants); or

• (b) to inform the competent authority of changes in accordance with Article 23(2) of the EU Control Regulation.

Notifications of competent authority in respect of registration

13

The competent authority must give notice in writing to—

• (a) the operator who has made a notification in accordance with regulation 12 of the decision to—

• (i) register such an operator; or

• (ii) not to register such an operator; and

• (b) a registered operator of—

• (i) a prohibition in accordance with Article 46(2) of the EU Control Regulation (prohibition on operations);

• (ii) a requirement to comply with Article 23(1)(b) or (2) of the EU Control Regulation (provision of information on activities and up to date information); or

• (iii) the amendment of the registration or the ending of the registration where an operator has notified the competent authority of the closure of an establishment in accordance with Article 23(2) of the EU Control Regulation.

Procedure for application for approval

14

An operator to whom Article 24(1) of the EU Control Regulation (approval of establishments or plants) applies, must apply in writing to the competent authority to be—

• (a) approved; or

• (b) where Article 33 of the EU Implementing Regulation (re-approval of plants and establishments after the grant of temporary approval) applies, re-approved.

Notification in respect of decisions on approval

15

The competent authority must give notice in writing to—

• (a) the operator who submitted an application for approval, of the—

• (i) grant of approval in accordance with Articles 24 (approval of establishments or plants) and 44 (procedure for approval) of the EU Control Regulation;

• (ii) grant of conditional approval, or its extension, in accordance with Articles 24 and 44 of the EU Control Regulation; or

• (iii) refusal to grant approval or to extend a conditional approval;

• (b) where conditional approval has been granted in accordance with Articles 24 and 44 of the EU Control Regulation, the operator of the plant or establishment subject to such approval of the—

• (i) grant of full approval;

• (ii) extension of such approval;

• (iii) imposition of conditions in accordance with Article 46(1)(c) of the EU Control Regulation (suspensions, withdrawals and prohibitions on operations);

• (iv) suspension of such approval in accordance with Article 46(1)(a) of the EU Control Regulation;

• (v) withdrawal of such approval in accordance with Article 46(1)(b) of the EU Control Regulation;

• (vi) refusal to extend or grant full approval; or

• (vii) prohibition in accordance with Article 46(2) of the EU Control Regulation; or

• (c) the operator of an approved plant or establishment of the—

• (i) imposition of conditions in accordance with Article 46(1)(c) of the EU Control Regulation;

• (ii) suspension of such approval in accordance with Article 46(1)(a) of the EU Control Regulation;

• (iii) withdrawal of such approval in accordance with Article 46(1)(b) of the EU Control Regulation; or