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Registration of premises used for the feeding of animal by-products to zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait
     13.  - (1) No person shall receive or use on any premises any animal by-product for feeding to zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait, unless the premises and the occupier of the premises are registered with the appropriate Minister in accordance with this article.

    (2) The appropriate Minister shall maintain a register of premises used for the feeding of animal by-products to zoo, circus and fur animals, recognised packs of hounds and maggots farmed for fishing bait containing the following information - 

(a) the name of the operator;

(b) the address of the premises; and

(c) the business carried on at the premises.

    (3) No person shall accept any animal by-product into premises registered under this article other than material permitted to be consigned there under article 5.

    (4) The occupier of premises registered under this article shall ensure that all unused animal by-products and all animal by-products remaining after feeding are disposed of in accordance with article 5.

Approval of knackers' yards
     14.  - (1) No person shall operate a knacker's yard unless the premises are approved by the appropriate Minister in accordance with this article.

    (2) The appropriate Minister shall grant approval under this article if he is satisfied that the premises comply with the conditions in Schedule 4 and that they will be maintained and operated in accordance with this Order and the conditions of the approval.

    (3) The appropriate Minister shall not approve a knacker's yard for the production of feedingstuffs for animals whose flesh is not intended for human consumption unless he is satisfied that the premises were used as a knacker's yard for the production of such feedingstuffs on 27th November 1990.

    (4) The approval granted under paragraph (1) above shall specify - 

(a) the operator of the premises and the address;

(b) whether or not the knacker's yard is approved to produce feedingstuffs for animals whose flesh is not intended for human consumption, and if it is, the production method; and

(c) any other conditions which the appropriate Minister considers necessary to ensure that this Order is complied with.

Operation of knackers' yards and supply of feedingstuffs from knackers' yards
     15.  - (1) Any person approved under article 14 to operate a knacker's yard shall maintain and operate the premises in accordance with the requirements in Schedule 4 and any additional requirements contained in the approval.

    (2) No person shall accept any animal by-product into a knacker's yard other than material permitted to be consigned there under article 5.

    (3) No person (whether a knacker or any subsequent supplier) shall supply for use in domestic premises any feedingstuffs derived from mammalian high risk material which has been treated in accordance with sub-paragraph (1)(a) or (b) of paragraph 11 of Schedule 4.

Approval and operation of laboratories
     16.  - (1) The appropriate Minister shall approve laboratories under this article to carry out one or more of the tests in this article if he is satisfied that they have the necessary facilities, personnel and operating procedures to do so.

    (2) In deciding whether to grant or continue an approval, the appropriate Minister may require the laboratory to successfully undertake any quality control tests as he shall reasonably think fit.

    (3) The operator of a laboratory approved under this article carrying out tests on material submitted to him in accordance with this Order shall do so in accordance with this article.

    (4) A test for Clostridium perfringensshall be carried out in accordance with the method in Part II of Schedule 3 or (if specified in the approval) with a method which conforms with ISO 7937/1985 (BS 5763: Part 9: 1986 (1998) (Enumeration of Clostridium perfringens)[5].

    (5) A test for Salmonella shall be carried out in accordance with one of the methods in Part III of Schedule 3 or (if specified in the approval) with a method which conforms with - 

(a) ISO 6579/1993 (BS 5763: Part 4: 1993) (Detection of Salmonella)[6];

(b) BS EN-12824: 1998 (Horizontal method for the detection of Salmonella)[7]; or

(c) NMKL 71: 1993[8].

    (6) A test for Enterobacteriaceaeshall be carried out in accordance with the method in Part IV of Schedule 3 or (if specified in the approval) with a method which conforms with ISO 7402/1993 (BS5763: Part 10: 1993) (Enumeration of Enterobacteriaceae)[9].

    (7) The operator of a laboratory approved under this article shall forthwith notify the appropriate Minister for the rendering plant, and the operator of the rendering plant, in the event of tests establishing that the material does not comply with the microbiological standards in article 3(2).

    (8) The operator of a laboratory approved under this article shall notify the appropriate Minister for the laboratory on the last day of every month of the number, type and results of tests carried out.

Records for animal by-products
     17.  - (1) Any person consigning animal by-products or part-rendered material from any premises shall keep a record of each consignment showing - 

(a) the date on which the material was taken from the premises;

(b) the quantity and description of the material;

(c) the destination to which it was consigned; and

(d) the name of the haulier transporting it.

    (2) Any person transporting animal by-products or part-rendered material shall, at the time of collection, record - 

(a) the address of the premises from which the material was collected;

(b) the date on which the material was collected;

(c) the quantity and description of the material; and

(d) the destination to which it is to be taken.

    (3) Any person receiving animal by-products or part-rendered material shall keep a record of incoming consignments showing - 

(a) the date on which the material arrived;

(b) the address of the premises from which the material was consigned;

(c) the quantity and description of the material; and

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

    (4) In addition to the records required to be kept by him under paragraph (3) (and, in the case of consignment from the premises of unrendered material, paragraph (1)), the occupier of rendering premises (other than part-rendering premises) shall keep a record for all animal by-products (including part-rendered material) rendered of - 

(a) the weight rendered and the date of rendering;

(b) the temperature achieved by the by-products;

(c) in a batch system, the time for which the by-products were rendered;

(d) if appropriate, the particle size to which the by-products were reduced before rendering;

(e) if appropriate, the pressure to which the by-products were subjected during rendering;

(f) if appropriate, the feed rate of the by-products;

(g) if appropriate, the fat re-cycling rate;

(h) the quantity and description of rendered material produced;

(i) the results of all tests of samples submitted to an approved laboratory in accordance with article 9 and any action taken under that article after a sample has been shown not to comply with the microbiological standards specified in article 3(2); and

(j) in the case of all rendered material - 


(i) the method of disposal;

(ii) the quantity disposed of;

(iii) the date of disposal;

(iv) the name of the haulier; and

(v) the address of the disposal premises.

    (5) In addition to the records required to be kept by him under paragraph (3) (and, in the case of consignment from the premises of unrendered or part-rendered material, paragraph (1)), the occupier of part-rendering premises shall keep a record for all animal by-products part-rendered of - 

(a) the weight part-rendered and the date of part-rendering; and

(b) the quantity and description of part-rendered material produced.

    (6) In addition to the records required to be kept by him under paragraph (3) (and, in the case of consignment from the premises of unused animal by-products and animal by-products remaining after feeding, paragraph (1)), the occupier of any premises registered under article 13 (zoo animals, etc.) shall keep records of the use to which the animal by-products were put.

    (7) In addition to the records required to be kept by him under paragraph (3) (and, in the case of consignment from the premises of untreated material, paragraph (1)), the occupier of a knacker's yard shall keep a record of - 

(a) the quantity of animal by-products treated in accordance with paragraph 11 of Schedule 4 (treatment of by-products for the production of feedingstuffs), and the date and method of treatment;

(b) in the case of the supply of mammalian high risk material which has been sterilised or denatured in accordance with paragraph 11(1)(a) or (b) of Schedule 4 - 


(i) the name and address of each person buying the feedingstuffs;

(ii) the premises to which the feedingstuffs are to be taken for use;

(iii) the quantity sold; and

(iv) the date on which the material was sold.

Records for approved laboratories
     18. The operator of a laboratory approved under article 16 shall record - 

(a) the name and address of the premises at which the sample was taken;

(b) the date on which the sample was taken;

(c) the identity of the sample;

(d) the date on which the sample was received at the laboratory;

(e) the date on which the sample was tested at the laboratory; and

(f) the result of the test.

    (2) No person shall bring unprocessed catering waste on to any premises where ruminant animals, pigs or poultry are kept.

    (3) No person shall carry processed catering waste in a vehicle containing unprocessed catering waste.

Approval of premises producing swill from catering waste
     22.  - (1) No person shall process catering waste to produce swill for feeding to pigs or poultry except on premises approved under this article.

    (2) The appropriate Minister shall grant approval under this article for premises and equipment for processing catering waste to produce swill for feeding to pigs or poultry if he is satisfied that - 

(a) the premises comply with the requirements in Schedule 5 and will be maintained and operated in accordance with that Schedule;

(b) the catering waste will be processed in accordance with Schedule 5;

(c) the catering waste will not be fed to ruminants;

(d) the premises are not used to render animal by-products other than for the production of swill; and

(e) the conditions of this Order will be complied with.

    (3) The approval shall specify - 

(a) the operator of the premises;

(b) the address of the premises;

(c) the parts of the premises in which catering waste may be received and processed;

(d) the cooking parameters if these are different from those specified in Schedule 5; and

(e) any other conditions which the appropriate Minister considers necessary to ensure that this Order is complied with.

Operation of premises approved to process catering waste
     23.  - (1) Any person holding an approval under article 22 shall maintain and operate the premises and equipment in accordance with the requirements in Schedule 5 and shall process the catering waste in accordance with that Schedule.

    (2) No person shall render animal by-products (except for the production of swill) on any premises approved under article 22.

Records for premises approved to process catering waste
     24. The occupier of premises processing catering waste shall record - 

(a) the date on which the incoming waste arrived;

(b) the address of the premises from which the waste was collected;

(c) the quantity and description of the incoming waste; and

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

Feeding swill to pigs or poultry
     26.  - (1) No person shall feed swill to pigs or poultry on any premises except under the authority of an approval granted by the appropriate Minister under this article.

    (2) The appropriate Minister shall grant an approval under this article if he is satisfied that the conditions of this Order will be complied with.

    (3) The occupier of premises used for feeding swill to pigs or poultry (other than pigs or poultry which are on the same holding as the processing premises) shall keep a record of each incoming consignment of swill showing - 

(a) the date on which the material arrived;

(b) the premises from which the material was consigned;

(c) the quantity and description of the material; and

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

Powers of inspectors
     29.  - (1) An inspector who enters any premises in exercise of his powers under the Animal Health Act 1981 may - 

(a) carry out any inquiries, examinations and tests;

(b) take any samples; and

(c) examine and copy any records kept under this Order;

which 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 or 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 premises 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 and in particular shall provide a printout of any records kept in electronic form.

Form of approvals, etc.
     30. Any approval, registration or notice under this Order shall be in writing, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the appropriate Minister is reasonably of the opinion that the provisions of this Order are not being complied with.

Compliance with notices
     31. Any notice served under this Order shall be complied with at the expense of the person on whom the notice is served, and if it is not complied with, an inspector may arrange for it to be complied with at the expense of that person.

Form of records
     32. Any record required to be kept under this Order shall be in written or electronic form and shall be kept for at least two years.

Enforcement
     33.  - (1) This Order shall be enforced by the appropriate Minister in relation to - 

(a) premises which are licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995[10];

(b) premises which are licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995[11];

(c) premises which are licensed under the Wild Game Meat (Hygiene and Inspection) Regulations 1995[12];

(d) combined premises as defined in the Meat Products (Hygiene) Regulations 1994[13]; and

(e) combined premises as defined in the Minced Meat and Meat Preparations (Hygiene) Regulations 1995[14].

    (2) Other than as specified in paragraph (1) this Order shall be enforced by the local authority.

Transitional provisions
     34. Any notice, licence, approval, authorisation or registration issued under the provisions of the Animal By-Products Order 1992[15] or the Diseases of Animals (Waste Food) Order 1973[16] shall continue to have effect as if made under the equivalent provision of this Order.

Revocations and consequential amendments
     35.  - (1) The instruments in Part I of Schedule 6 are revoked.

    (2) The instrument in Part II of Schedule 6 is amended in accordance with that Part.


Jeff Rooker
Minister of State Ministry of Agriculture, Fisheries and Food

3rd March 1999


Sewel
Under Secretary of State Scottish Office

2nd March 1999



Signed by authority of the Secretary of State for Wales


Jon Owen Jones
Parliamentary Under Secretary of State Welsh Office

8th March 1999

[6] Published by the British Standards Institute; see above.back

[7] Published by the British Standards Institute; see above.back

[8] Published by the Nordic Committee on Food Analysis, National Veterinary Institute, Department of Food and Hygiene, PO Box 8156, N-0033, Oslo, Norway.back

[9] Published by the British Standards Institute; see above.back

[10] S.I. 1995/539 as amended by S.I. 1995/731, S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/2418, S.I. 1995/3124, S.I. 1995/3189, S.I. 1996/1148, S.I. 1996/2235, S.I. 1997/1729 and S.I. 1997/2074.back

[11] S.I. 1995/540 as amended by S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/3205 and S.I. 1997/1729.back

[12] S.I. 1995/2148 as amended by S.I. 1995/3205.back

[13] S.I. 1994/3082 as amended by S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/3205 and S.I. 1996/1499.back

[14] S.I. 1995/3205 as amended by S.I. 1996/3124.back

[15] S.I. 1992/3303 as amended by S.I. 1996/827 and S.I. 1997/2894.back

[16] S.I. 1973/1936 as amended by S.I. 1987/232 and S.I. 1996/826.back