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Welsh Statutory Instrument 2003 No. 2756 (W.267)The Animal By-Products (Wales) Regulations 2003(The document as of February, 2008) STATUTORY INSTRUMENTS2003 No. 2756 (W.267)ANIMALS, WALESThe Animal By-Products (Wales) Regulations 2003
The National Assembly for Wales being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures in the veterinary fields for the protection of public health, in exercise of the powers conferred on it by that section, makes the following Regulations - Title, application and commencement 1.These Regulations may be cited as the Animal By-Products (Wales) Regulations 2003; they apply in relation to Wales and come into force on 31 October 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) Expressions defined in the Community Regulation have the same meaning in these Regulations, and Category 1 material, Category 2 material and Category 3 material comprises the animal by-products set out in Articles 4, 5 and 6 respectively of the Community Regulation.
(b) protect public and animal health. Category 1 material 4. - (1) Any person who possesses or who has control over any Category 1 material and who fails to comply with Article 4(2) or Article 4(3) of the Community Regulation will 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 will 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) Any person who possesses or who has control over any Category 2 material and who fails to comply with 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 will 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 sub-paragraph may be applied to land provided that the National Assembly has not imposed any restrictions relating to animal health in relation to those by-products. Category 3 material 6.Any person who possesses or who has control over any Category 3 material and who fails to comply with Article 6(2) or Article 6(3) of the Community Regulation will be guilty of an offence. Mixing mammalian and non-mammalian by-products 7.Where mammalian by-products and non-mammalian by-products are mixed the mixture shall be regarded as mammalian by-products. Collection, transportation and storage 8. - (1) Any person who fails to comply with Article 7(1), 7(2) or 7(5) of the Community Regulation will be guilty of an offence. (2) For the purposes of paragraph (1), if different categories of animal by-products are transported in one vehicle but in different containers or compartments, and complete separation of the different kinds of by-products cannot be guaranteed, the by-products transported shall be treated in accordance with the requirements for the highest risk by-product transported. (3) In accordance with Article 7(6) of the Community Regulation, the provisions of Article 7 shall not apply in relation to manure transported within the United Kingdom. Access to animal by-products 9. - (1) No person shall feed any animal by-product (other than liquid milk or colostrum used on the farm of origin) to any farmed animal, or any other animal, pig or poultry, unless it has been processed in a Category 3 approved processing plant. (2) No person shall 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) Subject to paragraph (4), no person shall 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) Paragraph (3) shall not apply to -
(b) animal by-products brought on to 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) No person shall allow any animals to have access to material in a biogas or composting plant, except in the case of wild birds which may have access to such material during the secondary or subsequent phase of composting.
(b) three weeks in the case of other farmed animals. (2) Any person who -
(b) feeds to pigs or other farmed animals within that period anything cropped from pasture land during that period; will be guilty of an offence. The competent authority 13. - (1) The National Assembly will be the competent authority for the purposes of granting approvals under Chapter III and Chapter IV of the Community Regulation, the Annexes that Regulation and these Regulations. (2) The National Assembly will 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) receiving records relating to a petfood or technical plant which must be produced 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[11]; (o) authorising specific requirements in accordance with Annex VI, Chapter II, Part C, paragraphs 14 and 15 of that Regulation[12]. 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 the operator, and any person permitted to enter the premises, complies with these conditions and requirements. (3) The operator of a high capacity incineration plant must dispose of the ash 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 must be treated in accordance with Annex VI, Chapter II, paragraphs 12 or 13 of the Community Regulation. (3) Any person who fails to comply with any provision of this regulation will 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 processed material is intended for use in feedingstuffs, the operator must -
(b) send the sample 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 must -
(b) send the sample to a laboratory approved to test it for Salmonella and Enterobacteriaceae. (4) Any person who fails to comply with any provision of this regulation will 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 landfill; and (c) record the action taken in accordance with this regulation. (4) Any person who fails to comply with any provision of this regulation will be guilty of an offence.
(b) the date on which the sample was taken; and (c) the description and identity of the sample. (2) It will be an offence for any person to tamper with a sample taken under these Regulations with intent to affect the result of the test.
(b) NMKL 71: 1993 or an equivalent method[15]. (6) A test for Enterobacteriaceae must 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 an equivalent method[16].
(b) the tests fail to establish that the material is free from Salmonella; and (c) the material does not pass the test for Enterobacteriaceae in paragraph 5 Part III of Schedule 2; and failure to do so will be an offence. Placing on the market of processed animal protein and other processed products that could be used as feed material 22.Any 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 will be guilty of an offence. Placing on the market of petfood, dogchews and technical products 23. - (1) Any person who places on the market petfood, dogchews, technical products (other than fat derivatives produced from Category 2 material) or those animal by-products referred to in Annex VIII to the Community Regulation, which do not meet the requirements of Article 20(1) of that Regulation will be guilty of an offence. (2) Any 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 will be guilty of an offence. Placing on the market of compost or digestion residues for use on agricultural land 24.Any person who places on the market compost or digestion residues for use on agricultural land must ensure that it is labelled or accompanied by documentation in such a way that the recipient's attention is drawn to the requirements of regulation 11 (provisions relating to pasture land) and any person who fails to do so will be guilty of an offence. Competent authority for Chapter V of the Community Regulation 25.The National Assembly will be the competent authority for the purposes of Chapter V of the Community Regulation. 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. (5) Any person who uses animal by-products for any of the purposes in this regulation other than in accordance with an authorisation will 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 the operator, and any person invited to the premises complies with these conditions and requirements. (3) Any person who fails to comply with any provision of this regulation will 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 National Assembly will 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.Any record required to be kept under these Regulations may be in written or electronic form and must be kept for at least two years. Records for consigning, transporting or receiving animal by-products 32.Any person who fails to comply with Article 9(1) of the Community Regulation will be guilty of an offence. Records for burying or burning of animal by-products 33.Any person who fails to comply with Article 9 of Commission Regulation (EC) No. 811/2003 will be guilty of an offence. Records for disposal or use on premises 34. - (1) Subject to paragraph (2), an operator of any premises who disposes 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 must 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 failure to do so will be 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 approved biogas and composting plants 35. - (1) The operator of any biogas or composting plant receiving catering waste must 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; and failure to do so will be an offence.
(b) a description of the material treated; (c) the quantity of material treated; (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 has been treated to the required parameters; and failure to do so will be 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 failure to do so will be 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; and (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 failure to do so will be an offence. Grants of approvals 39. - (1) The National Assembly may grant an approval under these Regulations if it is satisfied that the requirements of the Community Regulation and these Regulations will be complied with. (2) An approval must 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 National Assembly refuses to grant the approval, or approves it subject to a condition, it must by notice in writing served on the applicant -
(b) advise of the rights of the applicant to make written representations to the National Assembly within 21 days beginning on the date on which the notice is served and to be heard by an independent person appointed by the National Assembly. Suspension, amendment or revocation of approvals, authorisations and registrations
(b) may suspend or amend an approval, authorisation or registration if it is satisfied that the provisions of the Community Regulation or these Regulations are not being complied with. (2) A suspension or amendment under paragraph (1) -
(b) otherwise it will have effect on the date stated in the notice which shall not be less than 21 days following service of the notice. (3) The notice must -
(b) give the reasons for the suspension or amendment (and, in a case under sub-paragraph (2)(a), the reasons why immediate suspension or amendment is considered necessary); and (c) explain the right of the operator of the premises to make written representations to the National Assembly within a period of 21 days beginning with the date on which the notice is served and to be heard by an independent person appointed by the National Assembly. (4) Where there is an appeal under regulation 41, the amendment or suspension will not have effect until the final determination by the National Assembly in accordance with the following regulation, unless the National Assembly reasonably considers that it is necessary for the protection of public or animal health for the amendment or suspension to have effect from an earlier date, which must be specified in a notice in writing to the operator.
(b) after a period of 21 days following service of the notice of amendment or suspension where there has been no such review. Appeals
(b) provide notice of whether or not they wish to appear before an independent person appointed by the National Assembly. (2) Where an applicant or operator gives notice of their wish to appear before and be heard by an independent person -
(b) the appointed person must not, except with the consent of the applicant or operator, be an officer of the National Assembly; (c) if the applicant or operator so requests the hearing must be in public; (d) if the applicant or operator so requests, the National Assembly must provide them with a copy of the report of the appointed person. (3) The independent person must report to the National Assembly.
(b) it is satisfied it is reasonable in all the circumstances for the applicant or operator to bear some or all of the expense. (6) Where the National Assembly is satisfied that it is reasonable in all the circumstances for the applicant or operator to bear some or all of the reasonable fees and expenses of the independent person, it must give notice to the applicant or operator of the proportion which it is satisfied the applicant or operator should bear.
(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 the inspector such assistance as the inspector 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 or her -
(ii) any representative of the European Commission acting for the purpose of the Community Regulation. (3) Any person who defaces, obliterates or removes any mark applied under paragraph (2) will be guilty of an offence.
(b) an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent, the justice of the peace may issue a warrant authorising an inspector to enter the premises for that purpose if need be by reasonable force.
(b) any representative of the European Commission acting for the purpose of the Community Regulation. (7) If an inspector enters any unoccupied premises the inspector shall leave them as effectively secured against unauthorised entry as the inspector found them.
(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 for the performance of the functions of that person under these Regulations, (c) furnishes to any person acting in the execution of these Regulations any information which that person so furnishing 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; will be guilty of an offence.
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both. (2) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of -
(b) any person who was purporting to act in any such capacity, that person, as well as the body corporate, will be guilty of the offence and will be liable to be proceeded against and punished accordingly.
(b) premises which are licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995[18]; (c) premises which are licensed under the Wild Game Meat (Hygiene and Inspection) Regulations 1995[19]; (d) combined premises as defined in the Meat Products (Hygiene) Regulations 1994[20]; (e) combined premises as defined in the Minced Meat and Meat Preparations (Hygiene) Regulations 1995[21]. (2) Other than as specified in paragraph (1) these Regulations are to be enforced by the local authority.
(b) by leaving it, or sending it by post to that person at the usual or last known address of that person; or (c) in the case of an incorporated body, by delivering it to that body's secretary or clerk at their registered or principal office, or by sending it by post to that person at that office. (2) Where a notice or other document is to be given or served on the owner, proprietor, operator or occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person to or on whom it should be given or served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of "owner", "proprietor", "operator" or "occupier" of the premises (naming them) and -
(b) if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises. Transitional provisions Premises 1. - (1) There must 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 residue are stored. (2) The clean area must 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 must 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 must be operated in such a way that -
(b) partially treated material is not contaminted 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 must be cleaned in the dedicated are 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 must be treated by one of the systems specified in the table below. The system must ensure that the material is treated to the following parameters: Composting
The time temperature requirements will be achieved as part of the composting process Biogas
2.The approval must normally specify one of the methods in the table, but the National Assembly 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 must fully describe the whole system. Composting plants 3.If the approval for a composting plant specifies one of the methods in the table, it must in addition have as a condition either that -
(b) following the first treatment, the material will 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 at least 18 days after treatment (storage need not be in an enclosed system). Time of testing 1.Tests must 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 must be stored in a refrigerator at between 2°C and 8°C until required. If the sample has been refrigerated it must be removed from the refrigerator and stored at room temperature for at least one hour before the test is started. Samples 2.Tests must be carried out using two 10 gram portions of each sample submitted for testing. Each 10 gram sample must be placed aseptically in a sterile container containing 90 ml Clostridium perfringens diluent consisting of 0.1% peptone and 0.8% sodium chloride at a pH of 7 and mixed thoroughly until the sample is evenly suspended. Inoculations 3.For each portion of the sample 1 ml of solution must be transferred to a sterile 90 mm petri dish (in duplicate), to which 15 ml of Shahidi - Ferguson agar (SF agar)[25] at a temperature of 47°C±1°C must 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 must be overlaid with a further 10 ml SF agar at a temperature of 47°C±1°C. Once the overlay has set and with the plate lids uppermost the plates must 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 must 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 must be followed to establish whether or not the colonies are Clostridium perfringens. 6.In the case of each plate, 10 characteristic colonies of Clostridium perfringens must be subcultured on to a further SF agar plate. If there are less than 10 colonies on the plate, all characteristic colonies must be subcultured on to the further plate. The plates must 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, 10 suspect colonies must be subcultured on to duplicate SF agar plates and incubated anaerobically at 37°C±1°C for 20 hours±2 hours. 8.One characteristic colony from each plate must be subcultured on to SF agar and incubated anaerobically at 37°C±1°C for 20 hours±2 hours. Subcultured colonies 9.After incubation each plate must be examined for colonies characteristic of Clostridium perfringens. All colonies characteristic of Clostridium perfringens must be -
(b) inoculated into either lactose gelatin medium[27] or charcoal gelatin discs[28]; and incubated anaerobically at 37°C±1°C for 20 hours±2 hours.
(b) Escherichia coli NCTC 10418[29] or equivalent not more than seven 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 portions of the rendered animal protein must be placed aseptically in each of two sterile containers containing 90 ml Buffered Peprone Water (BPW)[30] and mixed thoroughly until the samples are evenly suspended. A. BACTERIOLOGICAL METHOD 1.Tests must 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 must be stored in a refrigerator until required. If the sample has been refrigerated it must be removed from the refrigerator and stored at room temperature for at least four hours before the test is started. Day 1 2.Tests must be carried out in duplicate using two 25 gram portions of each sample submitted for testing. Each 25 gram sample must be placed aseptically in a sterile container containing 225 ml Buffered Peptone Water (BPW) and incubated at 37°C±1 °C for 18 hours±2 hours. Day 2 3.0.1 ml from the jar of incubated BPW must be inoculated into 10 ml Rappaports Vassiliadis broth (RV broth)[31] and incubated at 41.5°C±0.5°C for 24 hours±3 hours. Day 3 4.The RV broth must be plated out on to two 90 millimetre plates of Brilliant Green Agar (BGA)[32] or on to one 90 millimetre plate of BGA and one 90 millimetre plate of Xylose Lysine Deoxycholate Agar (XLD)[33] using a 2.5 mm diameter loop. The plates must be inoculated with a droplet taken from the edge of the surface of the fluid by drawing the loop over the whole of one plate in a zig zag pattern and continuing to the second plate without recharging the loop. The space between the loop streaks must be 0.5 cm - 1.0 cm. The plates must be incubated at 37°C ±2°C for 24 ± 3 hours. 5.The residual RV broth must be reincubated at 41.5°C±0.5°C for a further 24 hours. Day 4 6.The plates must be examined and a minimum of 3 colonies from each plate showing suspicion of Salmonella growth must be subcultured -
(b) on to a MacConkey agar plate[34]; and (c) into biochemical media suitable for the identification of Salmonella. These media must be incubated at 37°C overnight.
(b) on to a MacConkey agar plate; and (c) into biochemical media suitable for the identification of Salmonella. These media must be incubated at 37°C overnight. 1.Tests must 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 must be stored in a refrigerator until required at between 2°C and 8°C. If the sample has been refrigerated it must be removed from the refrigerator and stored at room temperature for at least one hour before the test is started. Samples 2.Tests must be carried out using five 10 gram portions of each sample submitted for testing. Each 10 gram sample must be placed aseptically in a sterile container containing 90 ml Buffered Peptone Water and mixed thoroughly until the sample is evenly suspended. Inoculations 3.For each portion of the sample 1 ml of solution must be transferred to a sterile 90 mm petri dish (in duplicate). The plates must be labelled to identify the portion of sample they were taken from. 15 ml of Violet Red Bile Glucose Agar (VRBGA)[38] at a temperature of 47°C±2°C must be added to each petri dish and immediately gently mixed by swirling the dish with five clockwise and five anticlockwise circular movements. 4.Once the agar has set, each agar plate must be overlaid with a further 10 ml VRBGA at a temperature of 47°C±2°C. Once the overlay has set, the plates must be inverted and incubated aerobically at 37°C±1°C for 20 hours±2 hours. Samples with colonies of Enterobacteriaceae 5.After incubation each set of duplicate plates must be examined for colonies characteristic of Enterobacteriaceae (purple colonies 1 - 2 mm in diameter). All characteristic colonies on each plate must be counted and the arithmetic mean of the duplicate plates taken. The sample provisionally fails if either -
(b) three or more arithmetic means are above 10; in which case the following procedure must be followed to establish whether or not the colonies are Enterobacteriaceae.
(b) processed animal protein or compost or digestive residue which is free of Enterobacteriaceae. 10.A 10 gram portion of the rendered animal protein must be placed aseptically in a sterile container containing 90 ml BPW and mixed thoroughly until the sample is evenly suspended. 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 National Assembly will 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, of the competent authority may be issued by an inspector. 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 must 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 will 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 must comply with Article 1(3) of Commission Regulation (EC) No. 813/2003 and any person who fails to do so will be guilty of an offence. 5.Any person who fails to comply with any instructions given by an inspector under Article 3(3) of Commission Regulation (EC) No. 813/2003 will 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 materials 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; and (c) the expiry date, which shall be no later than 31 October 2004. 5. - (1) Approval must 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 must carry out checks and take samples for the purposes of checking compliance with the standards in paragraph 16.
(b) ensure that no oil is 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 must 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) Heptadeconic acid (C17): <0.4% (d) Cis.9 - heptadecanoic acid (C17:1) <0.3% (e) Fatty acides 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 must be assigned an official identification number. General 1.By way of derogation from Annex VII, Chapter 11, paragraph 1 of the Community Regulation, mammalian blood may be processed in accordance with this Part. 2.The National Assembly may approve the use of processing methods 2 to 5 or 7 of Annex V of the Community Regulation for the processing of mammalian blood. 3. - (1) Approval must be suspended immediately if the conditions under which it was granted are not fulfilled. (2) Once suspended, the approval may 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 must be disposed of as instructed by an inspector. 4.The approval may only be granted if the operator was processing at these premises, using that equipment and using those methods on 1st November 2002. 5.All other relevant provisions of the Community Regulation must be complied with. General obligations 1.By way of derogation from article 14 of the Community Regulation, the National Assembly 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 must be suspended immediately if the conditions under which it was granted are not fulfilled. (2) Once suspended, the approval may 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 must be disposed of as instructed by an inspector. 3.The approval may 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 must be processed in accordance with the standards in Chapter III of Annex VI of the Community Regulation. (3) Additional processes such as distillation, filtration and processing with absorbents must 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 National Assembly 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 must be suspended immediately if the conditions under which it was granted are not fulfilled. (2) Once suspended, the approval may 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 must be disposed of as instructed by an inspector. 3.The approval may only be granted to incinerators that were in operation on 1st November 2002. Specific requirements 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 takes place in a closed container to prevent dispersal in the environment and is disposed of safely; and failure to do so will be an offence. Amendments Amendments to the TSE (Wales) Regulations 2002 1.The TSE (Wales) Regulations 2002[48] are amended in accordance with this Schedule. 2.Regulations 33(4), 34(2),52, 54, 56(1)(a), 56(2)(b), 56(4)(c) and (d), 63 to 68, 69(1), (3), (4) and (5) and Schedule 6 are revoked. 3.At the end of the regulation 13 there shall be added -
4.After regulation 34 there shall be inserted -
34A.Any animal material that comes into contact with, or is mixed with, specified risk material must be treated as specified risk material.". 5.For regulation 40 there is substituted the following regulation -
(b) to premises licenced under regulation 57." 6.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 Wales 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 (OJ No. L273, 10.10.2002, p.1) ("the Community Regulation"). They revoke the Animal By-Products Order 1999, S.I. 1999/646, and the Animal By-Products (Amendment) (Wales) Order 2001, S.I. 2001/1735 (W.122). 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-specifies recycling ban for fish, the burial and burning of animal by-products and certain transitional measures[50]; (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[51]; (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[52]; (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[53]; (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[54]; (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[55]; Provision in Wales 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 instrument.
(b) are specified risk material ("SRM") under Regulation (EC) No. 999/2001, and the entire bodies of dead animals containing SRM if it was not removed on disposal; (c) have been administered with or contain residues of certain environmental contaminants; (d) are collected from treating waste water from category 1 processing plants or premises where SRM is removed; (e) are catering waste from means of transport operating internationally; and (f) are category 1 material mixed with category 2 and 3 material;
(b) are collected from treating waste from slaughterhouses other than the type noted above; (c) contain residues of veterinary drugs and certain contaminants; (d) are not category 1 material but are imported from non-member States and fail Community import inspections but are not re-exported or accepted under the Community import rules; (e) are animals and parts of animals that are not category 1 material that were not slaughtered for human consumption; (f) are category 2 material mixed with category 3 material; and (g) are not either category 1 or category 3 material;
(b) parts of such animals not themselves fit for human consumption; (c) hides, skins, hooves, horns, pig bristles and feathers (and (d) non-ruminant blood) from animals identified as such from inspections before being slaughtered in a slaughterhouse; (e) derived from the productions of products intended for human consumption; (f) former foodstuffs of animal origin other than catering waste no longer intended for human consumption for commercial reasons or due to defects which present no risk to humans; (g) raw milk from animals showing no clinical signs of a disease communicable through that product; (h) from sea animals, except sea mammals, caught in the open sea for the purposes of fishmeal production; (i) from fish from plants manufacturing fish products for human consumption; (j) shells, hatchery and cracked egg by-products (and (k) blood, hides, skins, hooves, feathers, wool, horns hair and fur) from animals showing no clinical signs of a disease communicable through that product; and (l) catering waste other than from means of transport operating internationally. The Regulations provide as follows:
(b) It is a specific offence to collect, transport, identify or store animal by-products other than in accordance with the Community Regulation (regulation 8); (c) Feeding unprocessed animal by-products to farmed animals is prohibited and access by such animals to animal by-products is controlled (regulation 9). Regulation 10 enforces the restrictions on use of animal by-products in Article 22 of the Community Regulation. This includes intra-species re-cycling, feeding catering waste to farm animals and the application of organic fertilisers on pasture land. Regulation 11 defines pasture land. Regulation 12 permits the intra-species re-cycling of fish after 1 January 2004. Until then it is permitted by a transitional measure in Part VI of Schedule 4. |