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The Department of Agriculture and Rural Development, being a Department designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2), and of every other power enabling it in that behalf, hereby makes the following Regulations: Citation and commencement 1. These Regulations may be cited as the Animal By-Products Regulations (Northern Ireland) 2003 and shall come into operation on 3rd December 2003. Interpretation 2. - (1) In these Regulations -
(b) Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures[5]; (c) Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs[6]; (d) Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oil[7]; (e) Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood[8]; (f) Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants[9]; (g) Commission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcases containing them[10];
(2) In these Regulations references to -
(b) a numbered processing method shall be taken to refer to the processing method so numbered in Annex V, Chapter III to the Community Regulation.
(3) Other expressions defined in the Community Regulation have the same meaning in these Regulations.
(b) protect public and animal health.
Category 1 material 4. - (1) A person who has in his possession or under his control any Category 1 material and who contravenes Article 4(2) or Article 4(3) of the Community Regulation shall be guilty of an offence. (2) For the purposes of Article 4(2)(b) of the Community Regulation the material may be processed using any of the processing methods 1 to 5. (3) This regulation shall not apply in relation to material referred to in Article 4(1)(e) of the Community Regulation (catering waste from means of transport operating from outside the Community). Category 2 material 5. - (1) A person who has in his possession or under his control any Category 2 material and who contravenes Article 5(2), Article 5(3) or Article 5(4) (other than the provision in Article 5(4) relating to export) of the Community Regulation shall be guilty of an offence. (2) For the purposes of Article 5(2)(b) of the Community Regulation the material may be processed using any of the processing methods 1 to 5. (3) For the purposes of Article 5(2)(e) of the Community Regulation the animal by-products specified in that paragraph may be applied to land provided that the Department has not imposed any restrictions relating to animal health in relation to those by-products. Category 3 material 6. A person who has in his possession or under his control any Category 3 material and who contravenes Article 6(2) or Article 6(3) of the Community Regulation shall be guilty of an offence. Mixing mammalian and non-mammalian by-products 7. Where mammalian animal by-products and non-mammalian animal by-products are mixed the mixture shall be regarded as mammalian animal by-products. Collection, transportation and storage 8. - (1) A person who contravenes Article 7(1), 7(2) or 7(5) of the Community Regulation shall be guilty of an offence. (2) For the purposes of paragraph (1), if different categories of animal by-products are transported on one vehicle but in different containers or compartments, and complete separation of the different kinds of material cannot be guaranteed, the by-products transported shall be treated as the highest risk category of the by-products transported. (3) For the purposes of paragraph (1), if the by-product in a container is of a lower category than is indicated by the label on the container it shall be treated as the higher category so indicated. (4) In accordance with Article 7(6) of the Community Regulation, the provisions of Article 7 of that Regulation shall not apply in relation to manure transported within Northern Ireland. Access to animal by-products 9. - (1) A person shall not feed any animal by-product (other than liquid milk or colostrums used on the farm of origin) to any farmed animal, or any other ruminant animal, pig or poultry, unless it has been processed in an approved Category 3 processing plant. (2) A person shall not allow any farmed animal, or any other ruminant animal, pig or poultry, to have access to any animal by-product (other than milk, colostrum or manure) unless it has been -
(b) treated in an approved biogas or composting plant; or (c) (in the case of digestive tract content) applied to land at least three weeks before the access.
(3) A person shall not bring any animal by-product (other than milk, colostrum, manure or digestive tract content) on to any premises where any farmed animal, or any other ruminant animal, pig or poultry, is kept, unless it has been -
(b) treated in an approved biogas or composting plant.
(4) The preceding paragraph shall not apply to -
(b) animal by-products brought onto collection centres, petfood plants, incinerators or other approved premises which are situated on the same premises as the animals specified in that paragraph and which were in operation on 1st November 2002 provided that the animals do not have access to the by-products.
(5) A person shall not allow any animals to have access to material in a biogas or composting plant, provided that wild birds may have access to the material during the secondary and subsequent phase of composting.
(b) three weeks in the case of other farmed animals.
(2) A person who -
(b) feeds to pigs or other farmed animals within that period anything cropped from pasture land during that period;
shall be guilty of an offence. The competent authority 13. - (1) The Department shall be the competent authority for the purposes of granting approvals for the purposes of Chapter III and Chapter IV of the Community Regulation, the Annexes to that Regulation, and these Regulations. (2) The Department shall also be the competent authority for -
(b) checking storage plants in accordance with Article 11(2)(b) of that Regulation; (c) validating and checking Category 1 and Category 2 processing plants in accordance with Articles 13(2)(c) and 13(2)(e) of that Regulation, supervising Category 1, 2 and 3 plants in accordance with Annex V, Chapter IV, paragraph 1 to that Regulation, and validating those plants in accordance with Annex V, Chapter V, paragraph 1 to that Regulation; (d) authorising the temporary use of a Category 2 processing plant for the processing of Category 1 material in accordance with Annex VI, Chapter 1, paragraph 2 to that Regulation; (e) checking oloechemical plants in accordance with Article 14(2)(d) of that Regulation and the person to whom records shall be produced in accordance with Article 14(2)(c) of that Regulation; (f) checking biogas plants and composting plants in accordance with Article 15(2)(c) of that Regulation; (g) validating and checking Category 3 processing plants in accordance with Article 17(2)(c) and 17(2)(e) of that Regulation; (h) authorising the temporary use of a Category 3 processing plant for the processing of Category 1 or Category 2 material in accordance with Annex VII, Chapter 1, paragraph 2 to that Regulation, or the use of a Category 2 processing plant as a collection centre in accordance with Annex IX, paragraph 3 of that Regulation; (i) presentation of records relating to a petfood or technical plant in accordance with Article 18(2)(a)(iv) of that Regulation; (j) recognising laboratories for the purposes of analysing samples from petfood and technical plants in accordance with Article 18(2)(a)(iii) of that Regulation, receiving information under Article 18(2)(a)(v) of that Regulation, and checking petfood plants and technical plants in accordance with Article 18(2)(b) of that Regulation; (k) carrying out inspection and supervision in accordance with Article 26 of that Regulation; (l) giving instructions for the purposes of Annex II, Chapter II, paragraph 4 to that Regulation; (m) the presentation of commercial documents under Annex II, Chapter V to that Regulation; (n) authorising a representative point in the combustion chamber of an incinerator in accordance with Annex IV, Chapter II, paragraph 3 of that Regulation, and inspecting them in accordance with Annex IV, Chapter VII, paragraph 8 of that Regulation[12]; (o) authorising specific requirements in accordance with Annex VI, Chapter II, Part C, paragraphs 14 and 15 of that Regulation[13].
Approval of premises
(b) storage plant; (c) incineration or co-incineration plant; (d) category 1 or category 2 processing plant; (e) category 2 or category 3 oleochemical plant; (f) biogas or composting plant; (g) category 3 processing plant; (h) petfood or technical plant;
for the storage, processing, treatment, disposal or use of animal by-products unless the premises, the operator of the premises and any equipment are approved for that purpose in accordance with these Regulations and the Community Regulation.
(ii) the requirements of the Community Regulation and these Regulations; and
(b) any person employed by him, and any person invited to the premises complies with those conditions and requirements.
(3) The operator of a high capacity incineration plant shall dispose of the ash produced in that plant in accordance with Annex IV, Chapter VII, paragraph 4 of the Community Regulation in the same way as the operator of a low capacity incineration plant.
(b) any other animal by-product treated in a biogas or composting plant shall be treated in accordance with Annex VI, Chapter II, paragraphs 12 or 13 of the Community Regulation.
(3) A person who contravenes any provision of this regulation shall be guilty of an offence.
(b) no ruminant animals or pigs are kept at the premises; and (c) if poultry is kept on the premises, the material is composted in a secure container which prevents the poultry having access to it during decomposition.
Processing and intermediate plants' own checks
(b) send the sample to a laboratory approved to test it for Clostridium perfingens.
(2) In the case of Category 3 processing plants where the material is intended for use in feedingstuffs the operator shall -
(b) send it to a laboratory approved to test it for Salmonella and Enterobacteriaceae.
(3) In the case of Category 3 processing plants, where the processed material is not intended for use in feedingstuffs the operator shall -
(b) send the sample to a laboratory approved to test it for Salmonella and Enterobacteriaceae.
(4) A person who contravenes any provision of this regulation shall be guilty of an offence.
(b) ensure that no digestion residue or compost suspected or known to be contaminated is moved from the premises unless -
(ii) it is consigned for processing or incineration at an approved processing plant or incinerator or (in the case of catering waste) it is consigned to an approved landfill site meeting the requirements of Council Directive 1999/31/EC on the landfill of waste[14]; and
(c) record the action taken in accordance with this regulation.
(4) A person who contravenes any provision of this regulation shall be guilty of an offence.
(b) the date on which the sample was taken; and (c) the description and identity of the sample.
(2) A person shall not tamper with a sample taken under these Regulations with intent to affect the result of the test.
(b) NMKL 71: 1993 or equivalent[16].
(6) A test for Enterobacteriaceae shall be carried out in accordance with the method in Schedule 2 or (if specified in the approval) with a method which conforms with ISO 7402/1993 (BS 5763: Part 10: 1993) (Enumeration of Enterobacteriaceae) or equivalent[17].
(b) the tests fail to establish that the material is free from Salmonella; or (c) the material successfully passes the test for Enterobacteriaceae in paragraph 39 of Part III of Schedule 2,
and if he fails to do so he shall be guilty of an offence. Placing on the market of processed animal protein and other processed products that could be used as feed material 22. A person who places on the market processed animal protein, or other processed products that could be used as feed material, which do not meet the requirements of Article 19 of the Community Regulation shall be guilty of an offence. Placing on the market of petfood, dogchews and technical products 23. - (1) A person who places on the market petfood, dogchews and technical products (other than fat derivatives produced from Category 2 material) or those animal by-products referred to in Annex VIII to that Regulation, which do not meet the requirements of Article 20(1) of the Community Regulation shall be guilty of an offence. (2) A person who places on the market fat derivatives produced from Category 2 material which do not meet the requirements of Article 20(3) of the Community Regulation shall be guilty of an offence. Placing on the market of compost or digestion residues for use on agricultural land 24. A person who places on the market compost or digestion residues for use on agricultural land shall ensure that it is labelled or accompanied by documentation in such a way that the recipient has his attention drawn to the requirements of regulation 11 (provisions relating to pasture land) and if he fails to do so he shall be guilty of an offence. Competent authority for Chapter V of the Community Regulation 25. The Department shall be the competent authority for the purposes of Chapter V of the Community Regulation (derogations). Derogations regarding the use of animal by-products 26. - (1) The use of animal by-products for diagnostic, educational or research purposes is permitted if it is in accordance with an authorisation. (2) The use of animal by-products for taxidermy is permitted if -
(b) it is in an approved technical plant.
(3) The feeding of animal by-products specified in Article 23(2)(b) of the Community Regulation to -
(b) circus animals; (c) reptiles and birds of prey other than zoo or circus animals; (d) dogs from recognised kennels or recognised packs of hounds; or (e) maggots for fishing bait,
is permitted if it is in accordance with an authorisation.
(b) the address of the premises; and (c) the business carried on at the premises.
(6) A person who uses animal by-products for any of the purposes in this regulation other than in accordance with an authorisation shall be guilty of an offence.
(b) maggots for fishing bait;
unless the premises and the operator of the premises are authorised.
(ii) the requirements of the Community Regulation and these Regulations; and
(b) ensure that any person employed by him, and any person invited to the premises complies with these conditions and requirements.
(3) A person who contravenes any provision of this regulation shall be guilty of an offence.
(b) the provisions of Article 6 of and Part B of Annex II to Commission Regulation (EC) No. 811/2003.
(2) The Department shall be the competent authority for the purposes of Article 6 of and Part B of Annex II to Commission Regulation (EC) No. 811/2003. Records 31. A record required to be kept under these Regulations may be in written or electronic form and shall be kept for a period of two years from the date on which the record is made. Records for consigning, transporting or receiving animal by-products 32. A person who contravenes Article 9(1) of the Community Regulation shall be guilty of an offence. Records for burying or burning of animal by-products 33. A person who contravenes Article 9 of Commission Regulation (EC) 811/2003 shall be guilty of an offence. Records for disposal or use on premises 34. - (1) Subject to paragraph (2), the operator of any premises who disposes of or uses any animal by-product (other than manure or material excluded from the Community Regulation by Article 1(2) of that Regulation), or processed product on the premises shall make on disposal or use a record of each disposal or use showing the date on which the animal by-product was disposed of or used and the quantity and description of the material disposed of or used, and if he fails to do so he shall be guilty of an offence. (2) The requirement in paragraph (1) shall not apply to disposal on the premises by feeding of animal by-products or processed products to reptiles and birds of prey other than zoo or circus animals. Delivery records to be kept by operators of biogas and composting plants 35. The operator of any biogas or composting plant receiving catering waste shall record -
(b) the quantity and description of the catering waste, including a statement of whether measures were taken at source to ensure that meat was not included in the waste; and (c) the name of the haulier; (d) the location where the catering waste was produced;
and if he fails to do so he shall be guilty of an offence.
(b) a description of the material treated; (c) the quantity of material treated; and (d) the result of all checks carried out at the critical points identified under paragraph 4 of Part I of Schedule 1; and (e) sufficient information to show that the material is treated to the required parameters;
and if he fails to do so he shall be guilty of an offence.
(b) the date on which the sample was taken; (c) the description and 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;
and if he fails to do so he shall be guilty of an offence.
(b) the quantity and description of the compost or digestion residue; (c) the land to which the compost or digestion residue is applied; (d) the date of such application; (e) the date on which the land is first cropped or the date on which ruminant animals, pigs or poultry were allowed access to the land, whichever is the sooner;
and if he fails to do so he shall be guilty of an offence. Grant of approvals 39. - (1) The Department shall grant an approval if it is satisfied that the requirements of the Community Regulation and these Regulations will be complied with. (2) An approval shall specify -
(b) the parts of the premises in which the animal by-products may be received and processed or treated; and (c) the equipment, the methods in accordance with which, and the parameters within which, the animal by products must be processed or treated.
(3) If the Department refuses to grant the approval, or approves it subject to a condition it shall by notice in writing served on the applicant for the approval -
(b) explain the right of the applicant to make written representations to the Department and to be heard by an independent person appointed by the Department.
Suspension, amendment and revocation of approvals and registrations
(b) may suspend or amend an approval or a registration under these Regulations relating to those premises if it is satisfied that, in the case of any premises to which the approval or registration (as the case may be) relates, the provisions of the Community Regulation or these Regulations are not being complied.
(2) A suspension or amendment under paragraph (1)(b) -
(b) otherwise shall not have effect for at least 21 days following service of the notice.
(3) The notice shall -
(b) explain the right of the operator of the premises in question to make written representations to the Department and to be heard by an independent person appointed by the Department.
(4) Where there is an appeal under regulation 41, the amendment or suspension to which it relates shall not have effect until the final determination by the Department in accordance with that regulation unless the Department considers that it is necessary for the protection of public or animal health for the amendment or suspension to have immediate effect.
(b) provide notice of whether or not he wishes to appear before an independent person appointed by the Department.
(2) Where the appellant gives notice of his wish to appear before and be heard by an independent person the Department shall appoint such an independent person (in this regulation referred to as the "appointed person") to hear representations and shall specify a time limit within which representations must be made.
(b) overturn it, and
shall give to the appellant written notification of its final determination and the reasons for it.
(b) serve a notice on the occupier of any premises prohibiting animal by-products being brought on to the premises, or only permitting this in a way specified in the notice.
Cleansing and disinfection
(b) specify the method of disposal of any material remaining in the vehicle, container or premises; and (c) prohibit the movement of any animal by-product into the vehicle or container or on to the premises until such time as the required cleansing and disinfection has been satisfactorily completed.
Compliance with notices
(b) carry out any inquiries, examinations and tests; (c) take any samples; (d) have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations or the Community Regulation, or remove such records to enable them to be copied; (e) have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; (f) mark any animal, animal by-product or other thing for identification purposes; and (g) take with him -
(ii) any representative of the European Commission acting for the purpose of the Community Regulation.
(3) A person who defaces, obliterates or removes any mark applied under paragraph (2) shall be guilty of an offence.
(b) without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations; (c) furnishes to any person acting in the execution of these Regulations any information which he knows to be false or misleading; or (d) fails to produce a record when required to do so to any person acting in the execution of these Regulations;
shall be guilty of an offence.
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
(2) A prosecution for an offence under this regulation shall not be begun after the expiry of -
(b) one year from its discovery by the prosecutor,
whichever is the earlier.
1. - (1) There shall be -
(b) an area in which vehicles and containers are cleansed and disinfected with adequate facilities for doing this, and (c) a clean area in which treated compost or digestion residues are stored.
(2) The clean area shall be adequately separated from the reception area and the area in which vehicles and containers are cleansed and disinfected so as to prevent contamination of the treated material. Floors shall be laid so that liquid cannot seep into the clean area from the other areas.
(b) stored in the reception area and treated without undue delay.
3.
The plant shall be operated in such a way that -
(b) partially treated material is not contaminated with material which has not been treated to the same extent or liquids arising from it.
4.
The operator shall identify, control and monitor suitable critical points in the operation of the plant to demonstrate that -
(b) treated material is not contaminated by untreated or partially treated material or liquids arising from it; and (c) partially treated material is not contaminated with material which has not been treated to the same extent or liquids arising from it.
5.
Containers, receptacles and vehicles used for transporting untreated animal by-products shall be cleaned in the dedicated area before they leave the premises and before any treated material is loaded. In the case of vehicles transporting only untreated catering waste and not subsequently transporting treated material, only the wheels of the vehicle need be cleaned. 1. Unless an approval specifically permits a different system, catering waste shall be treated by one of the systems specified in the table below. The system shall ensure that the material is treated to the following parameters: COMPOSTING
The time temperature requirements shall be achieved as part of the composting process. BIOGAS
2. The approval shall normally specify one of the methods in the table, but the Department may approve a different system if it is satisfied that it achieves the same reduction in pathogens as those methods (including any additional conditions imposed on those methods) in which case the approval shall fully describe the whole system. Composting plants 3. If the approval for a composting plant specifies one of the methods in the table, it shall specify which one and, in addition, shall have as a condition either that -
(b) following the first treatment, the material shall be treated again using one of the methods in the table and specified in the approval (not necessarily the same method as was used for the first treatment) except that, if the treatment is in a windrow, the second treatment need not be in a housed windrow.
Biogas plants
(b) following treatment the material is stored for an average of 18 days after treatment (storage need not be in an enclosed system).
Time of testing 1. Tests shall be begun on receipt of the sample or on the first working day which allows this method to be completed. If the test is not begun on the day of receipt the sample shall be stored in a refrigerator at between 2°C and 8°C until required. If the sample has been refrigerated it shall be removed from the refrigerator and stored at room temperature for at least one hour before the test is started. Samples 2. Tests shall be carried out using two 10 gram ± 1 gram portions of each sample submitted for testing. Each 10 gram ± 1 gram sample shall be placed aseptically in a sterile container containing 90 ml ± 1 ml Clostridium perfringens diluent consisting of 0.1% w/v peptone and 0.8% w/v, sodium chloride at a pH of 7.0 ± 0.2 and mixed thoroughly until the sample is evenly suspended. Inoculations 3. For each portion of the sample 1 ml ± 0.1 ml of solution shall be transferred to a sterile 90 mm petri dish (in duplicate), to which 15 ml ± 1 ml of Egg-yolk-free Tryptose-Sulphite-Cycloserine agar (EY-free TSC agar)[20] at a temperature of 46°C ± 1°C shall be added and immediately gently mixed by swirling the dish with 5 clockwise and 5 anticlockwise circular movements. 4. Once the agar has set, each agar plate shall be overlaid with a further 10 ml EY-free TSC agar at a temperature of 46°C ± 1°C. Once the overlay has set and with the plate lids uppermost the plates shall be incubated anaerobically at 37°C ± 1°C for 20 hours ± 2 hours. Samples with colonies of Clostridium perfringens 5. After incubation each set of duplicate plates shall be examined for colonies characteristic of Clostridium perfringens (black). The sample provisionally fails if any colonies characteristic of Clostridium perfringens are present, in which case the following procedure shall be followed to establish whether or not the colonies are Clostridium perfringens. 6. In the case of each plate containing well separated colonies, 3 characteristic colonies of Clostridium perfringens shall each be subcultured onto a further EY-free TSC agar plate. If there are less than 3 colonies on the plate, all characteristic colonies shall be subcultured onto further plates. The plates shall be incubated anaerobically at 37°C ± 1°C for 20 hours ± 2 hours. 7. If the surface area of the plates is overgrown and it is not possible to select well isolated characteristic colonies, an attempt shall be made to subculture 3 suspect colonies onto duplicate EY-free TSC agar plates and incubated anaerobically at 37°C ± 1°C for 20 hours ± 2 hours. Subsequent purification may be required in order to obtain well isolated colonies of suspect organism. 8. One characteristic colony from each plate shall be subcultured onto EY-free TSC agar and incubated anaerobically at 37°C ± 1°C for 20 hours ± 2 hours. Subcultured colonies 9. After incubation each plate shall be examined for colonies characteristic of Clostridium perfringens. At least 3 colonies characteristic of Clostridium perfringens shall be -
(b) inoculated into either lactose gelatine medium[22]
and incubated anaerobically at 37°C ± 1°C for 20 hours ± 2 hours. Motility 10. The motility nitrate medium shall be examined for the type of growth along the stab line. If there is evidence of diffuse growth out into the medium away from the stab line, the bacteria shall be considered to be motile. Reduction of nitrate to nitrite 11. After examination of the motility nitrate medium 0.2 ml to 0.5 ml of nitrite detection reagent shall be added to it. The formation of a red colour confirms that the bacteria have reduced nitrate to nitrite. Cultures that show a faint reaction (i.e. a pink colour) should be discounted. If no red colour is formed within 15 minutes, a small amount of zinc dust shall be added and the tube allowed to stand for approximately15 minutes. If a red colour is formed after the addition of zinc dust no reduction of nitrate to nitrite has taken place. Production of gas and acid from lactose and liquefaction of gelatine 12. The lactose gelatine medium shall be examined for the presence of small gas bubbles in the medium. 13. The lactose gelatine medium shall be examined for colour. A yellow colour indicates fermentation of lactose. 14. The lactose gelatine medium shall be chilled for up to one hour at 2-8°C and then checked to see if the gelatine has liquefied. If the medium has solidified it shall be re-incubated anaerobically for a further 18-24 hours, the medium chilled for a further one hour at 2-8°C and again checked to see if the gelatine has liquefied. 15. The presence of Clostridium perfringens shall be determined on the basis of the results from paragraphs 10 to 14. Bacteria which produce black colonies on EY-free TSC agar, are non-motile, reduce nitrate to nitrite, produce gas and acid from lactose and liquefy gelatine within 48 hours shall be considered to be Clostridium perfringens. Control Tests 16. Control tests shall be carried out each day that a test is initiated using -
(b) Escherichia coli NCTC 10418 or equivalent not more than 28 days old at the time of use; and (c) processed animal protein or compost or digestion residue which is free of Clostridium perfringens.
17.
10 gram ± 1 gram portions of the rendered animal protein shall be placed aseptically in each of two sterile containers containing 90 ml ± 1 ml Buffered Peptone Water (BPW)[24] and mixed thoroughly until the samples are evenly suspended. A. BACTERIOLOGICAL METHOD 20. Tests shall be begun on receipt of the sample or on the first working day which allows this method to be completed. If the test is not begun on the day of receipt the sample shall be stored in a refrigerator until required. If the sample has been refrigerated it shall be removed from the refrigerator and stored at room temperature for at least one hour before the test is started. Day 1 21. Tests shall be carried out in duplicate using two 25 gram ± 1 gram portions of each sample submitted for testing. Each 25 gram ± 1 gram sample shall be placed aseptically in a container containing 225 ml ± 1 ml Buffered Peptone Water (BPW) and incubated at 37°C ± 1°C for 18 hours ± 2 hours. Control Tests 22. Control tests shall be carried out each day that a test is initiated using -
(b) Erwinia herbicola NCTC 9381 or equivalent not more than 28 days old at the time of use; and (c) processed animal protein or compost or digestion residue which is free of Salmonella java.
23.
10 gram ± 1 gram portions of the rendered animal protein shall be placed aseptically in each of two sterile containers containing 90 ml ± 1 ml Buffered Peptone Water (BPW)[25] and mixed thoroughly until the samples are evenly suspended.
(b) onto a MacConkey agar plate[29]; and (c) into/onto biochemical media suitable for the identification of Salmonella.
These media shall be incubated at 37°C ± 1°C overnight.
(b) Erwinia herbicola NCTC 9381 or equivalent not more than 28 days old at the time of use; and (c) processed animal protein or compost or digestion residue which is free of Salmonella java.
36.
10 gram ± 1 gram portions of the rendered animal protein shall be placed aseptically in each of two sterile containers containing 90 ml ± 1 ml Buffered Peptone Water (BPW)[31] and mixed thoroughly until the samples are evenly suspended.
(b) onto a MacConkey agar plate; and (c) into/onto biochemical media suitable for the identification of Salmonella.
These media shall be incubated at 37°C ± 1°C overnight. 43. Tests shall be begun on receipt of the sample or on the first working day which allows this method to be completed. If the test is not begun on the day of receipt the sample shall be stored in a refrigerator until required at between 2°C and 8°C. If the sample has been refrigerated it shall be removed from the refrigerator and stored at room temperature for at least one hour before the test is started. Samples 44. Tests shall be carried out using five 10 gram ± 1 gram portions of each sample submitted for testing. Each 10 gram ± 1 gram sample shall be placed aseptically in a sterile container containing 90 ml ± 1 ml Buffered Peptone Water (BPW) and mixed thoroughly until the sample is evenly suspended. Controls 45. Control tests shall be carried out each day that a test is initiated using -
(b) processed animal protein or compost or digestive residue which is free of Enterobacteriaceae.
46.
A 10 gram ± 1 gram portion of the rendered animal protein shall be placed aseptically in a sterile container containing 90 ml ± 1 ml BPW and mixed thoroughly until the sample is evenly suspended.
(b) three or more arithmetic means are above 10;
in which case the following procedure shall be followed to establish whether or not the colonies are Enterobacteriaceae. 1. In accordance with Article 1 of Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures, the prohibition on the feeding of fish with processed animal protein derived from the bodies or parts of bodies of fish of the same species in Article 22(1)(a) of the Community Regulation shall not apply. 1. - (1) The Department shall be the competent authority for granting approvals under Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs. (2) Instructions for the purposes of Article 3(3) of that Regulation may be issued by an inspector. Collection, transport and disposal of former foodstuffs 2. For the purposes of Article 1(1) of Commission Regulation (EC) No. 813/2003, by way of derogation from Article 6(2)(f) and Article 7 of the Community Regulation former foodstuffs which have not been mixed with any other animal by-products (other than Category 3 catering waste) may be collected, transported and disposed of or treated in the same way as catering waste. 3. Where former foodstuffs are mixed with Category 1 or Category 2 material any person in possession or control of the material shall ensure that it is disposed of in accordance with Article 1(2) of Commission Regulation (EC) No. 813/2003; and any person who fails to do so shall be guilty of an offence. 4. Where former foodstuffs are sent for disposal in an approved landfill site, any person in possession or control of the material shall comply with Article 1(3) of Commission Regulation (EC) No. 813/2003 and any person who fails to do so shall be guilty of an offence. 5. A person who contravenes any instructions given by an inspector under Article 3(3) of Commission Regulation (EC) No. 813/2003 shall be guilty of an offence. 6. In this Part "former foodstuffs" does not include waste from the production of products which are intended to be cooked before they are eaten. Scope 1. Notwithstanding the prohibition on feeding farmed animals with catering waste or feed material containing or derived from catering waste, used cooking oil may be used for the production of animal feed if it has been collected, treated and blended in accordance with this Part. 2. This Part is confined to used cooking oil which -
(b) is intended for the production of animal feed.
Approvals
(b) operators of premises on which used cooking oil is treated or mixed with other oils if it is satisfied that the premises and operation comply with the requirements of this Part.
(2) The approval shall only be granted if the collector or operator was collecting, treating or blending used cooking oils on 1st November 2002.
(b) in the case of treatment premises, the parts of the premises in which used cooking oil may be received and treated; (c) the expiry date which shall be no later than 31st October 2004.
5.
- (1) Approval shall be suspended immediately if the conditions under which it was granted are no longer fulfilled.
(b) treated by an approved operator on approved treatment premises, and (c) mixed with other oils by an approved operator on approved blending premises.
Collection and transportation of used cooking oil
(b) establish and implement methods for monitoring and checking such critical control points and keep records of such checks for at least two years, and (c) ensure the traceability of each batch received and despatched.
13.
- (1) The operator of approved blending premises shall carry out checks and take samples for the purposes of checking compliance with the standards in paragraph 16.
(b) ensure that the oil is not despatched for use in feedingstuffs; (c) instigate appropriate decontamination and cleaning procedures; and (d) where used cooking oil has already been despatched for use in feedingstuffs, or incorporated into feedingstuffs, take all necessary measures to ensure that feedingstuffs containing the oil are not fed to livestock.
14.
- (1) The operator shall record the results of the checks and tests.
(b) impurities: <0.15 %.
(3) Presence of mineral oil: absence.
(b) Cis-9-hexadecanoic acid (C16: 1): <2% (c) Heptadecanoic acid (C17): <0.4% (d) Cis-9-heptadecanoic acid (C17: 1): <0.3% (e) Fatty acids with a chain length of 20 carbon atoms or more (C20+): < 5%.
Commercial documents
(b) the date on which the used cooking oil was taken from the premises; (c) the quality and description of the used cooking oil; (d) the quantity of the used cooking oil; (e) the name and the address of the carrier; (f) the destination of the used cooking oil; and (g) a unique reference number that links the collector and the container or vehicle to the premises from which the used cooking oil was taken.
Records
(b) operators of treatment premises; and (c) operators of blending premises.
(2) Each collector and operator of approved premises shall be assigned an official identification number. General obligations 1. By way of derogation from Annex VII, Chapter II, paragraph 1 to the Community Regulation, mammalian blood may be processed in accordance with this Part. 2. The Department may approve the use of processing methods 2 to 5 or 7 of Annex V to the Community Regulation for the processing of mammalian blood. 3. - (1) Approval shall be suspended immediately if the conditions under which it was granted are no longer fulfilled. (2) Once suspended, the approval shall only be reinstated subject to fulfilment of the requirements of the Regulation in their entirety. (3) Any material not processed in accordance with this Part or the Community Regulation shall be disposed of as instructed by an inspector. 4. The approval shall only be granted if the operator was processing at those premises, using that equipment and using those methods on 1st November 2002. 5. All other relevant provisions of the Community Regulation shall be complied with. General obligations 1. By way of derogation from Article 14 of the Community Regulation, the Department may approve the use of oleochemical plants to process rendered fats derived from both Category 2 and Category 3 material providing they comply with the following conditions. 2. - (1) Approval shall be suspended immediately if the conditions under which it was granted are not fulfilled. (2) Once suspended, the approval shall only be reinstated subject to fulfilment of the requirements of the Community Regulation in their entirety. (3) Any material not processed in accordance with this Part or the Community Regulation shall be disposed of as instructed by an inspector. 3. The approval shall only be granted to premises and facilities that operated in that way on 1st November 2002. Specific requirements 4. - (1) Only rendered fats derived from Category 2 and Category 3 materials may be used. (2) Rendered fats derived from Category 2 materials shall be processed in accordance with the standards in Chapter III of Annex VI to the Community Regulation. (3) Additional processes such as distillation, filtration and processing with absorbents shall be used to further improve the safety of the tallow derivatives. General obligations 1. By way of derogation from Article 12(3) of the Community Regulation, the Department may approve the use of low capacity incineration or co-incineration plants which do not meet the requirements laid down in Annex IV to the Community Regulation if they are operated in accordance with this Part. 2. - (1) Approval shall be suspended immediately if the conditions under which it was granted are no longer fulfilled. (2) Once suspended, the approval shall only be reinstated subject to fulfilment of the requirements of the Community Regulation in their entirety, including Annex IV. (3) Any material not incinerated in accordance with this Part or the Community Regulation shall be disposed of as instructed by an inspector. 3. The approval shall only be granted to incinerators that were in operation on 1st November 2002. 4. The operator shall take all necessary measures to ensure that -
(b) the dry ash is disposed of properly and records are kept of the quantity and description of the animal by-products incinerated and the date of incineration; (c) the dry ash is not removed from the combustion chamber unless combustion is complete; and (d) transport and intermediate storage of the dry ash shall take place in a closed container to prevent dispersal in the environment and disposed of safely,
and if he fails to do so he shall be guilty of an offence. 1. The Transmissible Spongiform Encephalopathy (Northern Ireland) Regulations 2002 are amended in accordance with this Schedule. 2. Regulations 33(4), 34(2) and (5), 52, 54, 56(1)(a), 56(2)(b), 56(4)(c) , (d) and (e), 63 to 68, 69(1), (3), (4) and (5) and Schedule 6 are revoked. 3. At the end of regulation 13 there shall be added -
4.
After regulation 34 there shall be inserted -
34A. Any animal material that comes into contact with specified risk material shall be treated as specified risk material.".
5.
For regulation 40 there shall be substituted the following regulation -
40. Once specified risk material has been removed from the carcase and treated in accordance with this Part, including any material treated as if it were specified risk material in accordance with regulation 33(5) or 34(4), or, in the case of specified solid waste, recovered from the drainage system, the person responsible for its removal or recovery shall, without unreasonable delay -
(b) consign it to premises licensed under regulation 57.".
6.
- (1) In regulations 57(3) and (5) and 60(5) the words "and Schedule 6" shall be deleted.
(1) Where an animal or bird has been slaughtered under these Regulations at the direction of the Department the carcase shall belong to the Department and may be sold or otherwise disposed of by or at the direction of the Department, as the condition of the animal, bird or carcase and other circumstances may permit.".
8.
For Schedule 5 (Application of Part IV of the Regulations to scheme animals) there shall be substituted the following Schedule -
(This note is not part of the Regulations.) These Regulations make provision in Northern Ireland for the administration and enforcement of Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3rd October 2002 laying down health rules concerning animal by-products not intended for human consumption (O.J. No. L273, 10.10.2002, p. 1) (" the Community Regulation"). They also make provision for the enforcement of the following measures, which amend the Community Regulation and make provision for transitional arrangements -
(b) Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures (O.J. No. L117, 13.5.2003, p. 14); (c) Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs (O.J. No. L117, 13.5.2003, p. 22); (d) Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oil (O.J. No. L117, 13.5.2003, p. 24); (e) Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood (O.J. No. L117, 13.5.2003, p. 30); (f) Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants (O.J. No. L117, 13.5.2003, p. 42); (g) Commission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcases containing them (O.J. No. L117, 13.5.2003, p. 44);
Provision in Northern Ireland for the administration and enforcement of measures in the Community Regulation in relation to export and trade between member States is intended to be made by a separate Rule. Notes: [1] S.I. 2000/2812back [3] O.J. No. L273, 10.10.2002, p. 1back [4] O.J. No. L117, 13.5.2003, p. 1back [5] O.J. No. L117, 13.5.2003, p. 14back [6] O.J. No. L117, 13.5.2003, p. 22back [7] O.J. No. L117, 13.5.2003, p. 24back [8] O.J. No. L117, 13.5.2003, p. 30back [9] O.J. No. L117, 13.5.2003, p. 42back [10] O.J. No. L117, 13.5.2003, p. 44back [12] Chapter VII was added to Annex IV by Commission Regulation (EC) No. 808/2003back [13] These paragraphs were added by Commission Regulation (EC) No. 808/2003back [14] O.J. No. L182 16.7.1999, p. 4back [15] Published by the British Standards Institute, British Standards House, 389 Chiswick High Road, London W4 4ALback [16] Published by the Nordic Committee on Food Analysis, National Veterinary Institute, Department of Food and Hygiene, PO Box 8156, N-0033, Oslo, Norwayback [17] Published by the British Standards Institute; see aboveback [20] E-Y free TSC agar - See Hauschild, and Hilsheimer, R (1974) Applied Microbiology 27: 78-82back [21] Motility nitrate medium - See Hauschild AHW, Gilbert RJ, Harmon SM, O'Keefe MF, Vahlefeld R, (1997) ICMSF Methods Study VIII, Canadian Journal of Microbiology 23, 884-892. National Research Council of Canada, Ottawa ON K1A OR6, Canadaback [22] Lactose gelatine medium - See Hauschild AHW, Gilbert R J, Harmon S M, O'Keefe MF, Vahlefeld R, (1997) ICMSF Methods Study VIII, Canadian Journal of Microbiology 23, 884-892back [23] The National Collection of Type Cultures, Central Public Health Laboratory, 61 Colindale Avenue, London NW9 5HT.back [24] Buffered Peptone Water - See Edel, W. and Kampelmacher, E.H. (1973) Bulletin of World Health Organisation, 48: 167-174, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerland (ISSN 0042-9686)back [25] Buffered Peptone Water - See Edel, W. and Kampelmacher, E.H. (1973) Bulletin of World Health Organisation, 48: 167-174, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerland (ISSN 0042-9686)back [26] Van Schothurst M., Renauld A., and Van Beek C. (1987) Food Microbiology 4: 11-18.back [27] Brilliant Green Agar - See Edel, W and Kampelmacher, E.H. (1969) Bulletin of World Health Organisation, 41:297-306, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerland (ISSN 0042-9686).back [28] Xylose Lysine Deoxycholate Agar - See Taylor, W.I. (1965) American Journal of Clinical Pathology, 44:471-475, Lippincott and Raven, 227 E. Washington Street Philadelphia PA19106, USAback [29] MacConkey aga - See (1963) International Standards for Drinking Water, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerlandback [30] Buffered Peptone Water - See Edel, W. and Kampelmacher, E. H. (1973) Bulletin of World Health Organisation, 167-174, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerland (ISSN 0042-9686)back [31] Buffered Peptone Water - See Edel, W. and Kampelmacher, E. H. (1973) Bulletin of World Health Organisation, 167-174, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerland (ISSN 0042-9686)back [32] Donaghy and Madden - See Donaghy, J. A. and Madden R. H. (1993) International Journal of Food Microbiology. 17; 281-288back [33] Violet Red Bile Glucose Agar - See Mossel, D.A.A., Eelderink, I. Koopmans, M., van Rossem, F. (1978) Laboratory Practice 27 No. 12 1049-1050; Emap Maclaren, PO Box 109, Maclaren House, 19 Scarbrook Road, Croydon CR9 1QH.back [34] An arithmetic mean of 30 is equivalent to 3 × 10 2 colony forming units per gramme of original sampleback [35] This Part of the Schedule enforces Article 1 of Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures, (O.J. No. L117, 13.5.2003, p. 14)back [36] This Part of the Schedule enforces Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs, (O.J. No. L117, 13.5.2003, p. 22)back [37] This Part of the Schedule enforces Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oils, O.J. No. L117, 13.5.2003, p. 24back [38] O.J. No. L140, 30.5.2002, p. 10back [39] ICES 7 polychlorinated biphenylsback [40] This Part of the Schedule implements Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood, (O.J. No. L117, 13.5.2003, p. 30)back [41] This Part of the Schedule implements Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants, O.J. No. L117, 13.5.2003, p. 42back [42] This Part of the Schedule implements Commission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcases containing them, O.J. No. L117, 13.5.2003, p. 44back [43] S.R. 1972 No. 94 to which there are amendments not relevant to these Regulationsback [44] S.I. 1981/1115 (N.I. 22) to which there are amendments not relevant to these Regulationsback [45] S.I. 1983 No. 764 (N.I. 8) to which there are amendments not relevant to these Regulationsback
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