Processed Animal Protein Regulations (Northern Ireland) 2001

Interpretation

2.—(1) In these Regulations—

• “animal by-products” means—

  (a)

  animal carcases;

  (b)

  parts of animal carcases (including blood); or

  (c)

  products of animal origin

  not intended for human consumption, with the exception of animal excreta and catering waste;

• “ABPR approved”, in relation to premises, means approved under regulation 7 of the Animal By-Products Regulations (Northern Ireland) 1993(1), in accordance with Article 5(2) of Council Directive 90/667/EEC(2) laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin and amending Directive 90/425/EEC, for the purpose of rendering low risk animal by-products; and “ABPR approval” shall be construed accordingly;

• “animal waste” has the same meaning as in Council Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin and amending Directive 90/425/EEC;

• “the BSE Order” means the Bovine Spongiform Encephalopathy Order (Northern Ireland) 1999(3);

• “catering waste” means the following products when they are no longer intended for human consumption—

  (a)

  waste from catering and domestic premises;

  (b)

  waste from the production of products which are intended to be used for human consumption without further cooking; or

  (c)

  waste from the production of bread, cakes, pasta, pastry, pizzas and similar products (whether or not intended to be used for human consumption without further cooking);

• “the Commission Decision” means Commission Decision 2001/9/EC(4) concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;

• “the Council Decision” means Council Decision 2000/766/EC(5) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;

• “the Department” means the Department of Agriculture and Rural Development;

• “Directive 92/118/EEC” means Council Directive 92/118/EEC(6) laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC;

• “farmed animal” means an animal which is kept, fattened or bred for the production of food;

• “inspector” means a person appointed as such for the purposes of these Regulations by the Department, including a veterinary inspector;

• “mammalian meat and bone meal” has the same meaning as in the BSE Order;

• “premises” includes any place, stall or moveable structure;

• “processed animal protein” means meat and bone meal, meat meal, bone meal, blood meal, dried plasma and other blood products, hydrolysed protein, hoof meal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal, dicalcium phosphate, gelatin and any other similar products including mixtures, feedingstuffs, feed additives and premixtures, containing these products;

• “veterinary inspector” means a person appointed by the Department as a veterinary inspector.

(2) Expressions in these Regulations which are not defined in paragraph (1) and which appear in the Council Decision or the Commission Decision have the same meaning in these Regulations as they have for the purposes of those Decisions.

(3) For the purposes of these Regulations and their application, material shall be treated as a feedingstuff whether it is used or intended to be used as a feedingstuff by itself or as an ingredient in something which is so used or intended for such use.

(4) The Interpretation Act (Northern Ireland) 1954(7) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(1)

S.R. 1993 No. 192 as amended by S.R. 1998 No. 108

(2)

O.J. No. L363, 27.12.1990, p. 51

(3)

S.R. 1999 No. 322

(4)

O.J. No. L2, 5.1.2001, p. 32

(5)

O.J. No. L306, 7.12.2000, p. 32 as amended by Commission Regulation (EC) 1326/2001 ( O.J. No. L177, 30.6.2001, p. 60)

(6)

O.J. No. L62, 15.3.1993, p. 49 as last amended by Commission Decision 1999/724/EC (O.J. No. L290, 12.11.1999, p. 32)

(7)

1954 c. 33 (N.I.)