The Animal By-Products (Enforcement) (Scotland) Regulations 2011

The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007

42.  The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007(1) is amended as follows.

43.  In article 2 (interpretation)—

(a) in the definition of “bird by-product” for “Articles 4, 5 or 6 of Regulation (EC) No. 1774/2002” substitute “Article 8, 9 or 10 of Regulation (EC) No 1069/2009”; and

(b) for the definition of “Regulation (EC) No. 1774/2002”, substitute—

““Regulation (EC) No 1069/2009” means Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation);

“Regulation (EU) No 142/2011” means Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by‑products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive;”.

44.  In article 3(6)(c) (licences, notices and designations under this Order), for “regulation 14 of the Animal By-Products (Scotland) Regulations 2003” substitute “Articles 24 and 44 of Regulation (EC) No 1069/2009”.

45.  In article 14 (restrictions on the movement of bird by-products)—

(a) for paragraph (2) substitute—

“(2) But a veterinary inspector or an inspector acting under the direction of a veterinary inspector may license the movement of any of the following bird by-products:—

(a) processed animal protein within the meaning of paragraph 5 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 1 of Chapter II of Annex X to that Regulation;

(b) blood products within the meaning of paragraph 4 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of paragraph B of Section 2 of Chapter II of Annex X to that Regulation;

(c) rendered fats within the meaning of paragraph 8 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of paragraph B of Section 3 of Section II of Annex X to that Regulation;

(d) gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;

(e) hydrolysed protein within the meaning of paragraph 14 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;

(f) dicalcium phosphate which complies with the requirements of paragraph B of Section 6 of Chapter II of Annex X to Regulation (EU) No 142/2011;

(g) tricalcium phosphate which complies with the requirements of paragraph B of Section 7 of Chapter II of Annex X to Regulation (EU) No 142/2011;

(h) collagen within the meaning of paragraph 11 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 8 of Chapter II of Annex X to that Regulation;

(i) egg products which comply with the requirements of paragraph B of Section 9 of Chapter II of Annex X to Regulation (EU) No 142/2011;

(j) processed petfood within the meaning of paragraph 20 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of Chapter II of Annex XIII to that Regulation;

(k) dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of Chapter II of Annex XIII to that Regulation;

(l) processed manure and processed manure products which comply with, the requirements of Section 2 of Chapter I of Annex XI to Regulation (EU) No 142/2011;

(m) by-products to a designated incineration plant, processing plant, oleochemical plant, biogas and composting plant, petfood plant or technical plant for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;

(n) by-products to users or collection centres authorised and registered in accordance with Articles 24 and 44 of Regulation (EC) No 1069/2009 for the feeding of animals after they have been treated by a method approved by the competent authority which ensures inactivation of the avian influenza virus;

(o) game trophies of birds having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures;

(p) poultry feathers or parts of such feathers which have been treated with a steam current or by another method which ensures inactivation of the avian influenza virus; or

(q) untreated feathers or parts of untreated feathers produced from poultry or wild game birds from a restricted zone within the meaning of paragraph 30 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation.”;

(b) in paragraph (3), for “Annex V to Regulation (EC) No. 1774/2002” substitute “Regulation (EC) No 1069/2009 and Annex IV to Regulation (EU) No 142/2011”; and

(c) in paragraph (4), for “Chapter X of Annex II to Regulation (EC) No. 1774/2002”, substitute “Chapter III of Annex VIII to Regulation (EU) No 142/2011”.

(1)

S.S.I. 2007/62.