The Environmental Permitting (England and Wales) Regulations 2010

Interpretation of Section 6.8 E+W+S

1.  In this Section— E+W+S

“animal” includes a bird or a fish;

“excluded activity” means—

(a)

any activity carried on on a farm or agricultural holding other than—

(i)

the manufacture of goods for sale,

(ii)

the production of compost for growing mushrooms,

(b)

the manufacture or preparation of food or drink for human consumption but excluding—

(i)

the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as an activity incidental to the cooking of food for human consumption,

(ii)

any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption,

(iii)

the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed,

(c)

the fleshing, cleaning and drying of pelts of fur-bearing mammals,

(d)

any activity carried on in connection with the operation of a collection centre for animal by-products,

(e)

any activity for the manufacture of soap not falling within Part A(1) of Section 4.1,

(f)

the storage of vegetable matter not falling within any other Section,

(g)

[F1 the cleaning of shellfish shells,]

(h)

the manufacture of starch,

(i)

[F1 the processing of animal or vegetable matter at premises authorised for the feeding of a recognised pack of hounds under the Animal By-Products Regulations,]

(j)

the salting of hides or skins, unless related to any other activity listed in this Schedule,

(k)

any activity for composting animal or vegetable matter or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms,

(l)

any activity for cleaning, and any related activity for drying or dressing, seeds, bulbs, corms or tubers (and “related activity” means an activity being carried on by the same person at the same site),

(m)

the drying of grain or pulses,

(n)

any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth,

(o)

[F2 the drying of green crops];

“food” includes—

(a)

drink,

(b)

articles and substances of no nutritional value which are used for human consumption, and

(c)

articles and substances used as ingredients in the preparation of food;

[F3 “green crops” means alfalfa (Lucerne), clover, grass, perennial ryegrass, tall fescue and other similar crops;]

“green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents.

Part A(1)

(a) Tanning hides and skins at a plant with a treatment capacity of more than 12 tonnes of finished products per day.

(b) Slaughtering animals at a plant with a carcass production capacity of more than 50 tonnes per day.

(c) Disposing of or recycling animal carcasses or animal waste, other than by rendering or by incineration falling within Section 5.1, at a plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate.

(d) Treating and processing materials intended for the production of food products from—

(i) animal raw materials (other than milk) at a plant with a finished product production capacity of more than 75 tonnes per day; or

(ii) vegetable raw materials at a plant with a finished product production capacity of more than 300 tonnes per day (average value on a quarterly basis).

(e) Treating and processing milk, the quantity of milk received being more than 200 tonnes per day (average value on an annual basis).

(f) Processing, storing or drying by the application of heat the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into controlled waters or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if the processing, storing or drying—

(i) does not fall within any other Section, or Part A(2) of this Section, and is not an excluded activity; and

(ii) may result in the release into water of any substance in paragraph 7 of Part 1 of this Schedule in a quantity which, in any 12-month period, is greater than the background quantity by more than the amount specified in relation to the substance in that paragraph.

Part A(2)

(a) Disposing of or recycling animal carcasses or animal waste by rendering at plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate.

Part B

(a) Processing, storing or drying by the application of heat the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into controlled waters or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if the processing, storing or drying—

(i) does not fall within another Section, or Part A(1) or Part A(2) of this Section;

(ii) is not an excluded activity; and

(iii) may result in the release into the air of—

(aa) any substance in paragraph 6(3) of Part 1 of this Schedule, or

(bb) any offensive smell noticeable outside the premises on which the activity is carried on.

(b) Breeding maggots in any case where 5 or more kg of animal matter, vegetable matter or both in aggregate, are introduced into the process in any week.

Textual Amendments

F1 Words in Sch. 1 Pt. 2 Ch. 6 Section 6.8 para. 1 omitted (E.) (23.3.2011) by virtue of The Animal By-Products (Enforcement) (England) Regulations 2011 (S.I. 2011/881), reg. 1, Sch. 2 para. 18(4)

F2 Words in Sch. 1 Pt. 2 inserted (1.10.2010) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2010 (S.I. 2010/2172), regs. 1(b), 2(4)(a)

F3 Words in Sch. 1 Pt. 2 inserted (1.10.2010) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2010 (S.I. 2010/2172), regs. 1(b), 2(4)(b)