Statutory Instrument 1989 No. 661

The Processed Animal Protein Order 1989

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© Crown Copyright 1989

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1989 No. 661

ANIMALS
ANIMAL HEALTH

The Processed Animal Protein Order 1989

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 72, 86(1) and 87(2) and (5)(a) of the Animal Health Act 1981^[1] and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement
    1.—(1)  This Order may be cited as the Processed Animal Protein Order 1989 and, except for article 5, shall come into force on 14th April 1989.

    (2)  Article 5 of this Order shall come into force on 13th June 1989.

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, and
 (ii) any kind of four-footed beast which is not a mammal; 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" means any kind of mammal except man, and any kind of four-footed beast which is not a mammal;
"animal protein" means any material which may be used for feeding to livestock or poultry which contains the whole or any part of any dead animal or bird, or of any fish, reptile, crustacean or other cold-blooded creature or any product derived from them and includes blood, hatchery waste, eggs, egg shells, hair, horns, hides, hoofs, feathers and manure, any material which contains human effluent and any protein obtained from any of these materials by heat, sedimentation, precipitation, ensiling or any other system of treatment or procedure but does not include milk or milk products, shells other than egg shells, fat or dicalcium bone phosphate;
"the appropriate Minister" means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
"authorised laboratory" means a laboratory authorised by the Minister in writing;
"authorised officer" means a veterinary inspector or an officer authorised by the appropriate Minister;
"day" means the period of twenty-four hours which begins with one midnight and ends with the next;
"fat" means any vegetable or mineral oil or any other oleaginous product obtained by a rendering or a refining process;
"laboratory" means any laboratory which has the necessary facilities and personnel for carrying out tests on samples mentioned in paragraph (1) or (2) of Part I of Schedule 1 to this Order in accordance with either of the methods set out in Part II of that Schedule;
"livestock" means cattle, sheep, pigs, goats, horses (including asses and mules), deer, and rabbits which are kept for commercial purposes;
"the Minister" and "the Ministry" means respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
"poultry" means live birds of the following species, that is to say, domestic fowls, turkeys, geese, ducks, guinea-fowls, pigeons, pheasants, partridges and quails;
"processed", in relation to animal protein, means animal protein which has been subjected to heat, sedimentation, precipitation, ensiling, milling, grinding, or any other system of treatment or procedure so as to render it suitable for use (whether with or without further treatment or procedure) as a feeding stuff or as an ingredient in a feeding stuff for livestock or poultry; and cognate expressions shall be construed accordingly;
"the Register" means the Register kept by the Minister under article 5 of this Order;
"Registered person" means the person whose name is entered in the Register;
"veterinary inspector" means a veterinary inspector appointed by the Minister.


    (2)  Until the coming into force of article 5 to this Order, any reference in this Order to a Registered person shall be a reference to the owner or person in charge of the premises the address of which will be required to be entered in the Register in accordance with article 5 when that article comes into force.

    (3)  After 13th August 1989 any reference in this Order to a laboratory shall be a reference to an authorised laboratory.

Scope
    4.    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].

Registration of animal protein processors
    5.—(1)  No person shall, in the course of a business carried on by him, process any animal protein unless his name and the address of the premises used by him for the purpose of processing any animal protein are entered in the Register.

    (2)  The Minister shall not enter the name of a person in the Register unless all the particulars specified in Schedule 2 to this Order are notified to him in writing.

    (3)  The Registered person shall notify the Minister in writing of any change in the particulars previously notified to the Minister, such notification to be made within 14 days of any such change.

Taking of samples for testing
    6.—(1)  It shall be the duty of a Registered person to ensure that-
 (a) on each day on which any supplies of processed animal protein are consigned from the premises in respect of which his name is entered in the Register, a sample is taken in the manner described in paragraph (2) of Part I of Schedule 1 to this Order from the processed animal protein which forms those supplies, and
 (b) the sample is submitted forthwith to a laboratory for testing (at his expense) in accordance with either of the methods set out in Part II of Schedule 1 to this Order.

    (2)  Where processed animal protein produced on any premises is incorporated in a feeding stuff for livestock or poultry kept on those premises, it shall be the duty of the Registered person to ensure that-
 (a) on each day immediately before any supplies of any such processed animal protein are incorporated in such feeding stuff, a sample is taken in the manner mentioned in paragraph (1)(a) above from those supplies, and
 (b) the sample is submitted for testing (at his expense) in accordance with the provisions of paragraph (1)(b) above.

    (3)  After a sample has been tested in accordance with paragraph (1)(b) or (2)(b) above by a laboratory it shall be destroyed by that laboratory.

Duty to prevent movement of contaminated processed animal protein and incorporation of such animal protein in a feeding stuff
    7.    It shall be the duty of a Registered person who knows that a test carried out on a sample taken from the processed animal protein produced on premises in respect of which his name is entered on the Register has resulted in the isolation of salmonella from that sample, to ensure that during the period of one month from the date on which he becomes aware of such result-
 (a) no processed animal protein produced on those premises is removed from any premises occupied by him or under his control; and
 (b) no such processed animal protein which remains under his control is incorporated in a feeding stuff for livestock or poultry,
unless-
 (i) such processed animal protein is not taken from the same storage facility as that used to store the processed animal protein from which the sample was taken, or
 (ii) such processed animal protein is treated in such manner as to ensure freedom from salmonella and a test carried out by a laboratory in accordance with either of the methods set out in Part II of Schedule 1 to this Order on a sample taken from the processed animal protein so treated does not result in the isolation of salmonella from that sample, or
 (iii) under the authority or a licence issued by an authorised officer and in accordance with the conditions, if any, of that licence.

Powers of authorised officers
    8.—(1)  An authorised officer may at any reasonable time and on production of his authority on demand-
 (a) enter any premises which he has reasonable grounds for supposing are being used for the purpose of processing animal protein;
 (b) take a sample in the manner described in paragraph (1) or (2) of Part I of Schedule 1 to this Order from such premises of any material or substance which he has reasonable grounds for supposing to be processed animal protein;
 (c) at the request of the Registered person or person in charge of the premises, take and give to him a like sample to that taken under sub-paragraph (b) above-

    (2)  An authorised officer entering any premises by virtue of paragraph (1) above-
 (a) shall, if required by the Registered person or person in charge of the premises, state his reasons for entering, and
 (b) may take with him such other persons and such equipment as appear to him to be reasonably necessary for the proper performance of his functions under this Order.

    (3)  The Registered person or person in charge of premises referred to in paragraph (1) above shall give all reasonable assistance to an authorised officer and any person accompanying him so as to enable the power conferred by this article to be properly exercised.

Testing of samples taken by authorised officers
    9.—(1)  On taking a sample as referred to in article 8(1)(b) above the authorised officer shall submit it to a laboratory for testing in accordance with either of the methods set out in Part II Schedule 1 to this Order.

    (2)  The result of the test carried out under paragraph (1) above shall be notified in writing by an authorised officer to the Registered person or person in charge of the premises with all practicable speed.

    (3)  After a sample has been tested in accordance with paragraph (1) above by a laboratory it shall be destroyed by that laboratory.

Tampering with samples
    10.—(1)  No person shall treat or otherwise tamper with a sample of processed animal protein taken under this Order.

    (2)  For the purposes of this article a person shall be deemed to have treated a sample if he does anything in relation to it with intent to affect the result of the test required to be carried out under this Order.

Keeping of records
    11.    A Registered person shall-
 (a) make a record of the result of any test carried out in accordance with article 6(1)(b) or (2)(b) above as soon as practicable after he has received a report of such result;
 (b) retain such record for a period of 12 months from the date of the test; and
 (c) produce such record to an authorised officer on demand being made by him at any reasonable time during that period and allow him to take a copy of it or an extract from it.

Information to be given
    12.    Where as a result of a test carried out in accordance with the provisions of this Order salmonella is isolated from a sample of processed animal protein, a Registered person shall, with a view to enabling an authorised officer to trace the processed animal protein from which the sample was taken, give to the authorised officer any information that he has concerning any consignments of or from that processed animal protein, such information to be given on demand being made by the authorised officer at any reasonable time.

Offences
    13.    Any person who, without lawful authority or excuse, proof of which shall lie on him-
 (a) contravenes any provision of this Order or any provision of a licence issued under it; or
 (b) fails to comply with any such provision or with a condition of such licence; or
 (c) knowingly causes or permits any such contravention or non-compliance,
commits an offence against the Act.

Local authority to enforce Order
    14.    The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.

Revocation
    15.    The Diseases of Animals (Protein Processing) Order 1981^[3] and the Diseases of Animals (Protein Processing) (Amendment) Order 1989^[4] are revoked.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
13th April 1989.


John MacGregor

Minister of Agriculture, Fisheries and Food


Sanderson of Bowden

Minister of State, Scottish Office

12th April 1989

Peter Walker

Secretary of State for Wales

13th April 1989

[1] 1981 c. 22 as applied by S.I. 1989/285; section 86(1) contains a definition of "the Ministers" relevant to the exercise of the statutory powers under which this Order is made. back

[2] S.I. 1973/1936, amended by S.I. 1987/232. back

[3] S.I. 1981/676. back

[4] S.I. 1989/139. back

Explanatory Note