The Animal By-Products (Amendment) Order 1997

• Citation: S.I. 1997/2894
• Sections: 2

Section 1 Title and commencement

This Order may be cited as the Animal By-Products (Amendment) Order 1997 and shall come into force on 1st January 1998.

Section 2 Amendments to the Animal By-Products Order 1992

(1) The Animal By-Products Order 1992 shall be amended in accordance with this article.

(2) After article 3(2) the following paragraph shall be added—

(3) A notice, approval or licence under this Order—

(a) shall be in writing;

(b) may be subject to conditions;

(c) may be amended, suspended or revoked by notice in writing at any time.

(3) Articles 5 and 6 shall be replaced with the following articles—

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

(5)

(1) Subject to the following provisions of this article, any person who has in his possession or under his control any animal by-product referred to in Schedule 1 shall dispose of it without undue delay by—

(a) rendering in approved premises;

(b) complete incineration in an incinerator; or

(c) burning other than in an incinerator or by burial if—

(i) the by-product is in a place where access is difficult; or

(ii) the amount of by-product and the distance to approved rendering premises or an incinerator do not justify transporting it.

(2) If the Minister serves on the person in charge of any animal by-product a notice certifying that—

(a) the by-product is from animals infected or suspected of being infected with an epizootic disease and should not be transported because of health risks;

(b) the by-product is from animals infected with or suspected of being infected with a serious disease, or contains residues which could constitute a risk to human or animal health and which could survive rendering; or

(c) there is a lack of capacity at rendering premises or incinerators;

then that person shall, without undue delay, dispose of the by-product by burning or by burial as may be specified in the notice.

(3) If he thinks fit, the Minister may serve a notice on any person in possession of an animal by-product referred to in Part I of Schedule 1 requiring its complete incineration in an incinerator.

Exemptions from article 5

(6)

(1) The provisions of article 5 above shall not apply to any person consigning or using an animal by-product for scientific purposes.

(2) The provisions of article 5 above shall not apply to any person consigning or using animal by-products referred to in Part II of Schedule 1 for the preparation of petfood or technical or pharmaceutical products in premises registered under article 9.

(3) Where any by-product is used in accordance with paragraph (2) above the Minister may by notice require that it be despatched, stored or processed in a specific location and under specific conditions.

(4) The provisions of article 5 above shall not apply to—

(a) any person consigning animal by-products to a person licensed by the Minister to partly render animal by-products, or

(b) any person partly rendering animal by-products on premises licensed by the Minister provided that the part-rendered product is disposed of in accordance with article 5 above or, in the case of material referred to in Part II of Schedule 1, in accordance with paragraph (2) of this article.

Exemptions from article 5 relating to certain types of animal by-product

(6A)

(1) This article applies to—

(a) a by-product referred to in paragraphs (a), (b) and (e) of Part I of Schedule 1 (provided that it is not from an animal slaughtered as a result of the presence or suspected presence of a notifiable disease listed in Annex I to Council Directive No. 82/894/ EEC (on the notification of animal diseases within the Community) ); and

(b) a by-product referred to in Part II of Schedule 1.

(2) The provisions of article 5 above shall not apply to any person consigning animal by-products to which this article applies to a knackers' yard or to premises where zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait are fed.

(3) The provisions of article 5 above shall not apply to any person treating an animal by-product to which this article applies in a knacker’s yard.

(4) The provisions of article 5 above shall not apply to any person using an animal by-product to which this article applies for feeding zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait.

Knackers' yards

(6B) The occupier of a knacker’s yard shall ensure that any animal by-product received by him is either—

(a) cooked or denatured without delay and then distributed locally for feeding animals whose flesh is not intended for human consumption in a way that entails no risk to human or animal health, or

(b) disposed of without delay in accordance with article 5 above.

(4) Article 8(3) is revoked.