Regulation 5
PART I RESTRICTIONS ON FEEDING PROTEINS TO ANIMALS
1.Prohibition on feeding animal protein to ruminants
2.Prohibition on feeding animal protein to non-ruminants
3.Exceptions
4.Movement prohibitions and restrictions of animals
5.Slaughter of an animal
6.Compensation
7.Slaughter or sale for human consumption
PART II PRODUCTION OF PROTEIN AND FEEDINGSTUFFS
1.Fishmeal for feeding to non-ruminant farmed animals
2.Fishmeal for feeding to unweaned, ruminant farmed animals
3.Offences relating to fishmeal and feedingstuffs containing fishmeal
4.Feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to non-ruminant animals
5.Offences relating to feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to non-ruminant animals
6.Blood products and blood meal
7.Offences relating to feedingstuffs containing blood products or blood meal
8.Change in use of equipment
9.Conditions applying to the storage and transport of bulk quantities of protein products and feedingstuffs containing such proteins
10.Conditions applying to the manufacture and transport of feedingstuffs, including petfood
11.Export of processed animal protein to third countries
12.Fertilisers
13.Record keeping for transport etc. of reject petfood
14.Cross-contamination of materials originating from premises where processed animal proteins (except fishmeal) are in use
1.—(1) For the purposes of Article 7(1) and point (b) of Part I of Annex IV to the EU TSE Regulation it is an offence to—
(a)feed to any ruminant animal;
(b)supply for feeding to any ruminant animal; or
(c)permit any ruminant animal to have access to,
any animal protein (or anything containing animal protein) other than the proteins specified in point A(a) of Part II to Annex IV to the EU TSE Regulation, and, if authorised by the Department following a risk assessment, in point A(d) of that Part.
(2) It is an offence to bring onto any premises where ruminant animals are kept anything prohibited by sub-paragraph (1), or to possess it on such premises unless—
(a)it is food intended for human consumption or falls within paragraph 3; or
(b)the premises are registered to use and store the relevant product under paragraph 1(6), 4(5)or 6(10) of Part II of this Schedule as appropriate; or
(c)it is authorised by an inspector, and suitable measures are in place to ensure that ruminant animals do not have access to it.
(3) The prohibition in sub-paragraph (1) does not apply in relation to liquid milk replacers containing fishmeal provided that—
(a)the fishmeal has been produced, labelled, transported and used in accordance with point BA of Part II of Annex IV to the EU TSE Regulation;
(b)the liquid milk replacer is intended for, and fed only to, unweaned, ruminant farmed animals in accordance with point A(e) of that Part; and
(c)the prohibition continues to apply in relation to all other ruminant animals.
2.—(1) For the purposes of Article 7(2) of, and point (a) of Part I of Annex IV to the EU TSE Regulation, it is an offence to—
(a)feed to any pig, poultry, horse or any farmed non-ruminant animal;
(b)supply for feeding to any such animal; or
(c)allow any such animal to have access to,
anything in relation to which this paragraph applies.
(2) Subject to sub-paragraph (3), the prohibition in sub-paragraph (1) applies in relation to—
(a)processed animal protein;
(b)gelatine of ruminant origin;
(c)blood products;
(d)hydrolysed protein;
(e)dicalcium phosphate and tricalcium phosphate of animal origin;
(f)petfood containing animal protein; and
(g)raw petfood consisting of animal protein.
(3) The prohibition in sub-paragraph (1) does not apply in relation to—
(a)the protein specified in point A(a) of Part II of Annex IV to the EU TSE Regulation;
(b)fishmeal (and feedingstuffs containing it) that has been produced, labelled, transported and stored in accordance with point B of that Part;
(c)dicalcium phosphate and tricalcium phosphate (and feedingstuffs containing them) that have been produced, labelled, transported and stored in accordance with point C of that Part;
(d)blood products derived from non-ruminants (and feedingstuffs containing them) that have been produced, labelled, transported and stored in accordance with point D of that Part;
(e)in the case of feeding to fish, blood meal derived from non-ruminants (and feedingstuffs containing it) that has been produced, labelled, transported and stored in accordance with point D of that Part; and
(f)feed materials of plant origin (and feedingstuffs containing such products) in which bone spicules have been detected if authorised by the Department following a risk assessment in accordance with point A(d) of that Part.
(4) In this paragraph “protein” includes any feedingstuffs containing animal protein.
(5) It is an offence to bring onto any premises where any animals specified in sub-paragraph (1)(a) are kept anything prohibited by this paragraph, or to possess it on such premises unless—
(a)it is food intended for human consumption or falls within paragraph 3; or
(b)it is authorised by an inspector, and suitable measures are in place to ensure that animals specified in sub-paragraph (1)(a) do not have access to it.
3.—(1) Paragraphs 1(2) and 2(5) do not apply in relation to—
(a)raw petfood consisting of animal protein or anything incorporated into petfood for feeding to pets (including working dogs) on those premises; or
(b)anything incorporated into organic fertiliser or soil improver produced and used in accordance with Regulation (EC) No. 1774/2002, the Animal By-Products Regulations (Northern Ireland) 2003(1) and paragraph 12 of Part II of this Schedule,
provided that the conditions in sub-paragraph (2) are complied with.
(2) The conditions are—
(a)it is not fed to any farmed animals;
(b)it is not stored, handled, or fed to pets (including working dogs), in parts of the premises to which —
(i)farmed animals have access; or
(ii)feedingstuffs for farmed animals are stored or handled;
(c)it does not come into contact with—
(i)feedingstuffs permitted to be fed to farmed animals; or
(ii)handling equipment used in connection with any such feedingstuffs; and
(d)farmed animals on the premises in question never have access to petfood; and
(e)farmed animals do not have access to organic fertiliser or soil improver until it has been applied to the land in compliance with the Animal By-Products Regulations (Northern Ireland) 2003.
4.—(1) Where an inspector has reasonable grounds to believe that a TSE susceptible animal has been fed or has had access to—
(a)specified risk material;
(b)any material which the inspector has reasonable grounds to believe carries the risk of TSE infectivity; or
(c)animal protein for which the inspector cannot establish the origin or the TSE infectivity risk,
the inspector may take the action specified in sub-paragraph (2).
(2) The inspector may—
(a)serve a notice on the owner or person in charge of the animal in accordance with regulation 15 prohibiting or restricting the movement of the animal; and
(b)if it is bovine seize any passport relating to it.
5.—(1) Where an inspector has reasonable grounds to believe that a TSE susceptible animal has been fed or has had access to any material referred to in paragraph 4, the inspector may, in accordance with regulation 15, serve a notice on the owner or person in charge of the animal.
(2) The notice may either—
(a)require the owner or person in charge of the animal to have it killed and disposed of, as specified in the notice; or
(b)require the owner or person in charge of the animal to keep it on such premises and in such manner as specified in the notice, in which case the inspector must ensure that any cattle passport is stamped with the words “Not for human consumption”.
(3) The inspector must ensure that all the animals specified for killing in the notice in sub-paragraph (2)(a) are killed and disposed of.
6.—(1) Where an animal is killed under paragraph 5, the Department may pay compensation if it considers it appropriate in all the circumstances and must give its decision, in writing, on whether or not to pay compensation.
(2) The appeals procedure in regulation 10 applies in relation to any decision under sub-paragraph (1).
(3) The compensation for—
(a)a bovine animal is the value established in accordance with paragraph 10 of Schedule 3;
(b)an ovine or caprine animal is the value established in accordance with paragraph 24 of Schedule 4; and
(c)an animal that is not bovine, ovine or caprine is the market value of the animal at the time it is killed, established in accordance with the procedure in regulation 11.
7. It is an offence to consign for slaughter for human consumption or to slaughter for human consumption any TSE susceptible animal for which a notice served under paragraph 5 is in place.
1.—(1) Any person producing fishmeal intended for feeding to non-ruminant farmed animals must do so in accordance with point B(a) of Part II of Annex IV to the EU TSE Regulation.
(2) Any person producing feedingstuffs containing fishmeal intended for feeding to non-ruminant farmed animals must do so—
(a)in accordance with point B(c) of that Part, in premises authorised by the Department for the purposes of that point;
(b)in accordance with point B(c)(i) of that Part, for home compounders registered by the Department for the purposes of that point; or
(c)in accordance with point B(c)(ii) of that Part, in premises authorised by the Department for the purposes of that point.
(3) Any person packaging the feedingstuffs must clearly mark the product in accordance with point B(d) of that Part and any documentation accompanying the feedingstuffs must be in accordance with that point.
(4) Any person transporting such feedingstuffs in bulk must do so in accordance with the first sentence of point B(e) of that Part.
(5) Any person using a vehicle, previously used to transport such feedingstuffs, to transport feedingstuffs for ruminants must comply with the second sentence of point B(e) of that Part.
(6) The occupier of any premises where ruminants are kept must comply with the first paragraph of point B(f) of that Part unless the Department is satisfied that the provisions of the second paragraph of that point are complied with and has registered the farm under that paragraph.
2.—(1) Any person producing raw fishmeal for use in feed for unweaned, ruminant farmed animals must do so in accordance with point BA(a) of Part II of Annex IV to the EU TSE Regulation.
(2) Any person producing feed for unweaned, ruminant farmed animals must, if the feed contains fishmeal, produce that feed only in premises authorised for that purpose by the Department in accordance with points BA(c) and BA(d) of Part II of that Part.
(3) Any person packaging milk replacers containing fishmeal intended for unweaned, ruminant farmed animals, must clearly mark the product in accordance with point BA(e) of that Part, and any documentation accompanying the product must be in accordance with that point.
(4) Any person transporting the milk replacers in bulk must do so in accordance with the first sentence of point BA(f) of that Part.
(5) Any person using a vehicle previously used to transport such milk replacers for the transport of other feedingstuffs for ruminants must comply with the second sentence of point BA(f) of that Part.
(6) The occupier of any premises where feedingstuffs containing fishmeal are to be used and ruminants are kept must ensure that—
(a)measures are in place to prevent such feedingstuffs being fed to ruminants, other than as permitted by point A(e) of that Part; and
(b)before the feedingstuffs are brought on to the relevant holding, the occupier of the holding has registered the holding with the Department in accordance with the second sentence of point BA(g) of that Part.
3.—(1) Failure to comply with paragraph 1 or 2 is an offence.
(2) It is an offence for a home compounder registered under paragraph 1(2)(b) to—
(a)keep ruminant animals;
(b)consign feedingstuffs containing fishmeal (whether complete or partly complete) produced by them from their premises; or
(c)use feedingstuffs containing fishmeal with a crude protein content of 50% or more in the production of complete feedingstuffs.
(3) It is an offence for any person producing feedingstuffs in accordance with point B(c)(ii) of Part II of Annex IV to the EU TSE Regulation to—
(a)fail to ensure that feedingstuffs destined for ruminants are kept in separate facilities in accordance with the first indent of that point;
(b)fail to ensure that feedingstuffs destined for ruminants are manufactured in accordance with the second indent; or
(c)fail to make and keep a record in accordance with the third indent.
4.—(1) Any person producing feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to non-ruminant farmed animals must do so—
(a)in accordance with point C(a) of Part II of Annex IV to the EU TSE Regulation, in an establishment authorised by the Department for the purposes of that point;
(b)in accordance with point C(a)(i) of that Part, for home compounders registered by the Department for the purposes of that point; or
(c)in accordance with point C(a)(ii) of that Part in an establishment authorised by the Department for the purposes of that point.
(2) Any person packaging such feedingstuffs must label them in accordance with point C(b) of that Part and any documentation accompanying the feedingstuffs must be in accordance with that point.
(3) Any person transporting such feedingstuffs in bulk must do so in accordance with point C(c) of that Part.
(4) Any person using a vehicle, previously used to transport such feedingstuffs, to transport feedingstuffs for ruminants must comply with the second sentence of point C(c) of that Part.
(5) The occupier of any farm where ruminants are kept must comply with the first paragraph of point C(d) of that Part unless the Department is satisfied that the provisions of the second paragraph of that point are complied with and has registered the farm under that paragraph.
5.—(1) Failure to comply with paragraph 4 is an offence.
(2) It is an offence for a home compounder registered under paragraph 4(1)(b) to—
(a)keep ruminants;
(b)consign feedingstuffs containing dicalcium phosphate or tricalcium phosphate (whether complete or partly complete) from their premises; or
(c)use feedingstuffs containing dicalcium phosphate or tricalcium phosphate with a phosphorus content of 10% or more in the production of complete feedingstuffs.
(3) It is an offence for any person producing feedingstuffs in accordance with point C(a)(ii) of Part II of Annex IV to the EU TSE Regulation to—
(a)fail to ensure that feedingstuffs destined for ruminants are manufactured in accordance with the first indent of that point;
(b)fail to ensure that they are kept in separate facilities in accordance with the second indent; or
(c)fail to make and keep a record in accordance with the third indent.
6.—(1) Any person who produces—
(a)blood products intended for feeding to non-ruminant farmed animals; or
(b)blood meal intended for feeding to fish,
must ensure that the blood comes from a slaughterhouse that is registered with the Department for the purposes of point D(a) of Part II of Annex IV to the EU TSE Regulation and meets the conditions set out in sub-paragraph (2).
(2) Those conditions are that the slaughterhouse—
(a)is not used to slaughter ruminants; or
(b)has in place a control system in accordance with the second paragraph of point D(a) of that Part to ensure that ruminant blood is kept separate from non-ruminant blood and has been authorised for the purpose by the Department.
(3) The occupier of the slaughterhouse must consign the blood in accordance with point D(a) of Part II of Annex IV to the EU TSE Regulation and any transporter must transport it in accordance with that point.
(4) Any person producing blood products or blood meal must do so in accordance with either the first or the second paragraph of point D(b) of Part II of Annex IV to the EU TSE Regulation.
(5) Any person producing blood products or blood meal for the use described in the second paragraph of point D(b) of Part II of Annex IV to the EU TSE Regulation must—
(a)have in place the control system specified in that second paragraph to ensure that products of ruminant origin are kept separate from products of non-ruminant origin; and
(b)be authorised for that purpose by the Department.
(6) Any person producing feedingstuffs containing blood products or blood meal must do so—
(a)in accordance with point D(c) of that Part, in an establishment authorised by the Department for the purposes of that point;
(b)in accordance with point D(c)(i) of that Part, for home compounders registered by the Department for the purposes of that point; or
(c)in accordance with point D(c)(ii) of that Part, in an establishment authorised by the Department for the purposes of that point.
(7) Any person packaging such feedingstuffs must label them in accordance with point D(d) of that Part and any documentation accompanying the feedingstuffs must be in accordance with that point.
(8) Any person transporting such feedingstuffs in bulk must do so in accordance with point D(e) of that Part.
(9) Any person using a vehicle, previously used to transport such feedingstuffs, to transport feedingstuffs for ruminants must comply with the second sentence of point D(e) of that Part.
(10) The occupier of any premises where ruminants are kept must comply with the first paragraph of point D(f) of that Part unless the Department is satisfied that the provisions of the second paragraph of that point are complied with and has registered the premises under that paragraph.
7.—(1) Failure to comply with paragraph 6 is an offence.
(2) It is an offence for any person collecting blood in accordance with the second paragraph of point D(a) of Part II of Annex IV to the EU TSE Regulation to fail to—
(a)slaughter animals in accordance with the first indent of that paragraph;
(b)collect, store, transport or package blood in accordance with the second indent of that paragraph; or
(c)regularly sample and analyse blood in accordance with the third indent of that paragraph.
(3) It is an offence for any person producing blood products or blood meal in accordance with the second paragraph of point D(b) of that Part to fail to—
(a)ensure that the blood is processed in accordance with the first indent of that paragraph;
(b)keep raw material and finished product in accordance with the second indent of that paragraph; or
(c)sample in accordance with the third indent of that paragraph.
(4) It is an offence for any person producing feedingstuffs in accordance with point D(c)(ii) of Part II of Annex IV to the EU TSE Regulation to fail to—
(a)ensure that feedingstuffs are manufactured in accordance with the first indent of that point; or
(b)ensure that they are kept in separate facilities in accordance with the second indent; or
(c)make and keep a record in accordance with the third indent.
(5) It is an offence for a home compounder registered under paragraph 6(6)(b) to—
(a)keep ruminant animals where blood products are used;
(b)keep animals, other than fish, where blood meal is used;
(c)consign feedingstuffs containing blood products or blood meal (whether complete or partly complete) from their premises; or
(d)use feedingstuffs containing blood products or blood meal with a total protein content of 50% or more in the production of complete feedingstuffs.
8.—(1) It is an offence to use equipment, used to produce feedingstuffs for non-ruminant animals under paragraph 1, 4 or 6, for the production of feedingstuffs for ruminant animals unless authorised in writing by an inspector.
(2) It is an offence to use equipment, used to produce feedingstuffs for unweaned ruminant animals under paragraph 2, for the production of feedingstuffs for weaned ruminant animals, unless authorised in writing by an inspector.
9.—(1) It is an offence to store or transport—
(a)bulk processed animal protein (other than fishmeal); or
(b)bulk products, including feedingstuffs, organic fertilisers and soil improvers containing such proteins,
except in accordance with point C(a) of Part III of Annex IV to the EU TSE Regulation.
(2) It is an offence to store or transport bulk fishmeal, dicalcium phosphate, tricalcium phosphate, blood products of non-ruminant origin or blood meal of non-ruminant origin, except in accordance with point C(b) and C(c) of Part III of Annex IV to the EU TSE Regulation.
(3) In addition to the requirements of sub-paragraphs (1) and (2), it is an offence to transport bulk processed animal protein or any of the materials specified in sub-paragraph (2) unless the transporter is registered with the Department for that purpose.
10.—(1) It is an offence to manufacture, store, transport or package feedingstuffs, including petfood, that contain blood products of ruminant origin or processed animal protein, other than fishmeal, except in accordance with point D of Part III of Annex IV to the EU TSE Regulation.
(2) It is an offence to manufacture or transport feedingstuffs, including petfood, containing dicalcium or tricalcium phosphate or blood products of non-ruminant origin except in accordance with point D of that Part.
11.—(1) In accordance with point E(1) of Part III of Annex IV to the EU TSE Regulation it is an offence to export to third countries processed animal protein derived from ruminants and anything containing it.
(2) Sub-paragraph (1) does not apply to the export of processed petfood (including canned petfood) that contains processed animal protein derived from ruminants, provided that it has undergone treatment and is labelled in accordance with Regulation (EC) No 1774/2002.
(3) It is an offence to export processed animal protein derived from non-ruminants (and anything containing it) except in accordance with point E(2) of Part III of Annex IV to the EU TSE Regulation and an agreement in writing between the Department and the competent authority of the third country.
12.—(1) It is an offence to sell or supply for use as a fertiliser on agricultural land or to possess with the intention of such sale or supply, any—
(a)mammalian protein (other than ash) derived from animal by-products classified as Category 2 material in Regulation (EC) No. 1774/2002; or
(b)ash derived from the incineration of animal by-products classified as Category 1 material in that Regulation.
(2) It is an offence to use anything prohibited in sub-paragraph (1) on agricultural land as a fertiliser.
(3) In this paragraph—
(a)“agricultural land” means land used or capable of use for the purposes of a trade or business in connection with agriculture; and
(b)“agriculture” includes fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, the use of land for woodland and horticulture (except the propagation of plants and the growing of plants within greenhouses, glass structures or plastic structures).
13.—(1) Any person who supplies, transports or receives any petfood containing animal protein that is not intended for use as petfood must record—
(a)the name of the manufacturer;
(b)the date of supply and receipt;
(c)the premises of origin and destination;
(d)the quantity of petfood; and
(e)the nature of the animal protein contained in the petfood.
(2) That person must keep those records for 2 years.
(3) The consignor must ensure that the petfood is labelled with the information referred to in sub-paragraph (1) or is accompanied by documentation that contains that information.
(4) Any person who fails to comply with this paragraph is guilty of an offence.
14.—(1) Any person who supplies—
(a)an ingredient; or
(b)a feedingstuff product that is not identified for use as petfood but which contains an ingredient,
must comply with sub-paragraph (2).
(2) That person must ensure that—
(a)either a label affixed to the package containing the ingredient or feedingstuff; or
(b)any documentation accompanying the ingredient or feedingstuff,
indicates that the ingredient was produced on premises where any processed animal protein (other than fishmeal) is used in any manufacturing process.
(3) Any person who fails to comply with sub-paragraph (2) is guilty of an offence.
(4) In this paragraph, “ingredient” means an ingredient for use in a feedingstuff that is manufactured on premises where any processed animal protein other than fishmeal is used in any manufacturing process.