The Animal By-Products (Enforcement) (Wales) Regulations 2014
| Year | 2014 |
2014No. 517 (W. 60)
ANIMALS, WALES
ANIMAL HEALTH
PUBLIC HEALTH, WALES
The Animal By-Products (Enforcement) (Wales) Regulations 2014
5March2014
7March2014
28March2014
The Welsh 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( 1).
The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures in the veterinary and phytosanitary fields for the protection of public health( 2).
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for the reference to Commission Regulation (EU) No. 142/2011 (implementing Regulation (EC) No. 1069/2009of 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/ECas regards certain samples and items exempt from veterinary checks at the border under that Directive( 3)) to be construed as a reference to that instrument as amended from time to time.
PART 1
Introduction
Title, commencement and application
1. (1) The title of these Regulations is the Animal By-Products (Enforcement) (Wales) Regulations 2014.
(2) Subject to paragraph (3) these Regulations come into force on 28 March 2014.
(3) Regulation 27 and Schedule 2 come into force immediately after the coming into force of the other regulations and schedule.
(4) These Regulations apply in relation to Wales.
Interpretation
2. (1) In these Regulations-
"EU Control Regulation" ("Rheoliad Rheolaeth yr UE") means Regulation (EC) No. 1069/2009of 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)( 4);
"EU Implementing Regulation" ("Rheoliad Gweithredu'r UE") means Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009of 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/ECas regards certain samples and items exempt from veterinary checks at the border under that Directive as amended from time to time;
"animal by-product requirement" ("gofyniad sgil-gynhyrchion anifeiliaid") means any requirement in Part 3 and any requirement in Column 2 of Schedule 1 to these Regulations as read with the provisions in Column 3 to that Schedule;
"authorised person" ("person awdurdodedig") means a person authorised under regulation 22;
"competent authority" ("awdurdod cymwys") has the meaning given in regulation 3;
"enforcement authority" ("awdurdod gorfodi") means a person exercising functions under regulation 21(1) or (2);
"premises" ("mangre") includes-
(a) any land, building, shed or pen;
(b) any receptacle or container;
(c) any ship; or
(d) a vehicle of any description;
"ship" ("llong") includes a hovercraft, submersible craft or any other floating craft but not a vessel which-
(a) permanently rests on or is permanently attached to the seabed; or
(b) is an installation within section 16 of the Energy Act 2008( 5).
(2) Expressions used in these Regulations that are also used in the EU Control Regulation or EU Implementing Regulation have the same meaning in these Regulations as they have in the EU Control Regulation or EU Implementing Regulation.
PART 2
The competent authority and miscellaneous provisions
The competent authority
3. The competent authority for the purposes of the EU Control Regulation and the EU Implementing Regulation is the Welsh Ministers.
Restrictions on access to animal by-products
4. (1) Animal by-products, including catering waste, must not be brought on to any premises if farmed animals would have access to such animal by-products.
(2) Paragraph (1) does not apply to derived products, except for-
(a) products derived from catering waste; or
(b) 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.
(3) 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 such manner as to ensure that no animal or bird will have access to it.
Use of organic fertilisers and soil improvers
5. (1) Where organic fertilisers or soil improvers are applied to land, no person may allow pigs to have access to that land or to be fed cut herbage from such land for a period of 60 days beginning with the day on which the organic fertiliser or soil improver is applied.
(2) Paragraph (1) does 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; or
(g) digestive tract content.
Collection centres
6. 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
7. The following areas are remote areas for the purposes of Article 19(1)(b) of the EU Control Regulation (collection, transport and disposal)-
(a) Bardsey Island;
(b) Caldey Island;
(c) Ramsey Island; and
(d) Flatholm Island.
Placing on the market
8. The placing on the market of untreated wool and untreated hair from farms or from establishments or plants is authorised except where they present a risk of any disease communicable through those products to humans or animals.
Reporting of test results
9. Operators must report to the Welsh Ministers the results of any tests carried out pursuant to any of the following Articles of the EU Implementing Regulation which fail to meet the standards required by those Articles-
(a) Article 10(1) (requirements for 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);
(c) Article 22(1) (placing on the market and use of organic fertilisers and soil improvers); and
(d) Article 24(3) (pet food and other derived products.
PART 3
Staining
Staining
10. (1) This regulation applies to the operators of-
(a) slaughterhouses;
(b) cutting plants;
(c) game-handling establishments; and
(d) cold stores.
(2) In this part-
(a) the terms "slaughterhouse", "cutting plant" and "game-handling establishment" have the meanings given to them in regulation 5(6) of the Food Hygiene (Wales) Regulations 2006( 6);
(b) "cold store" means any other premises 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 any of the following articles of the EU Control Regulation-
(i) Article 8(c);
(ii) Article 8(d);
(iii) Article 9(c); or
(iv) Article 9(d);
(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 material listed in paragraph (3) with a colouring agent and using a solution of such a strength that the staining is clearly visible and remains visible after the animal by-product has been chilled or frozen;
(b) apply the stain to the whole surface of the by-product, whether by immersing the by-product in the stain, spraying it with the solution or applying the solution to it by any other equally effective means;
(c) in the case of an animal by-product not falling within paragraph (3) and weighing more than 20 kg, apply the stain after its surface has been opened by multiple and deep incisions; and
(d) in the case of an animal by-product comprising a whole 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 pursuant to paragraph (3)-
(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 the surgeon;
(b) any animal by-product which is mixed with green offal in a container containing mainly green offal 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 room and 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 to a processing or incineration establishment or plant approved under the EU Control Regulation via a sealed and leak-proof pipe; or
(e) a whole animal body...
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