Animal By-Products Order (Northern Ireland) 2002

Part IV General

Notice requiring the disposal of animal by-products or catering waste

26.  If any provision of this Order is not being complied with or if an inspector considers it necessary for the prevention of diseases of animals, he may serve a notice on any person in possession of any animal by-products or catering waste requiring him to dispose of it as may be specified in the notice.

Cleansing and disinfection

27.—(1) If an inspector suspects that any vehicle, container, equipment or any premises to which this Order applies constitutes a disease risk he may serve a notice on the owner or person in charge of the vehicle, container or equipment or on the owner or occupier of the premises, requiring the vehicle, container, equipment or premises to be cleansed and disinfected as the inspector considers necessary.

(2) A notice under paragraph (1) may—

(a) specify the method of cleansing and disinfection;

(b) specify the method of disposal of any material remaining in or on the vehicle, container, equipment or premises; and

(c) prohibit the movement of animal by-products or catering waste into the vehicle or container or into the premises until such time as the required cleansing and disinfection have been satisfactorily completed.

Compliance with notices

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

Tampering with samples

29.—(1) A person shall not treat or otherwise tamper with any sample taken under this Order.

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

Keeping of records

30.  Any person required to keep a record under this Order shall—

(a) keep such a record in written or electronic form;

(b) retain such a record for a period of 2 years; and

(c) produce such a record to an inspector on demand being made by him at any reasonable time during that period of 2 years and allow him to take a copy or print out of it or an extract from it.

Registrations, approvals, authorisations and licences

31.—(1) Any person wishing to register or to obtain an approval, authorisation or licence under this Order, shall apply in writing therefor to the Department.

(2) Any licence, notice, approval or authorisation under this Order shall be in writing, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time and in particular may be suspended or revoked if the Department is of the opinion that the provisions of the Order are not being complied with.

Transitional provisions

32.  Any laboratory authorised by the Department under Article 3 of the Diseases of Animals (Animal Protein) (No. 2) Order (Northern Ireland) 1989(1), or approval or registration under Regulations 5 and 7 to 9 of the Animal By-Products Regulations (Northern Ireland) 1993(2) shall, notwithstanding the revocation of that Order and those Regulations, be deemed to be an authorised laboratory, approved rendering premises or registered premises for the purposes of Articles 7, 10, 15 and 16 respectively.

Revocations

33.—(1) The following Orders are hereby revoked, namely—

(a) the Diseases of Animals (Animal Protein) (No. 2) Order (Northern Ireland) 1989;

(b) the Diseases of Animals (Animal Protein) (No. 2) (Amendment) Order (Northern Ireland) 1992(3);

(c) the Diseases of Animals (Animal Protein) (No. 2) (Amendment) Order (Northern Ireland) 1993(4);

(d) the Catering Waste (Feeding to Livestock) Order (Northern Ireland) 2001(5).

(1)

S.R. 1989 No. 347 as amended by S.R. 1992 No. 62 and S.R.1993 No. 193

(2)

S.R. 1993 No. 192 as amended by S.R. 1998 No. 108; these Regulations were revoked by S.R. 2002 No. 210

(3)

S.R. 1992 No. 62

(4)

S.R. 1993 No. 193

(5)

S.R. 2001 No. 286