The Animal By-Products (Scotland) Amendment Regulations 2009

Citation and commencement

1.—(1) These Regulations may be cited as the Animal By-Products (Scotland) Amendment Regulations 2009.

(2) These Regulations come into force on 13th February 2009.

Amendment of the Animal By-Products (Scotland) Regulations 2003

2.—(1) The Animal By-Products (Scotland) Regulations 2003(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2 (interpretation), in paragraph (1) for the definition of “the Community Regulation” substitute–

• ““the Community Regulation” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption(2), as amended from time to time, and as read with–

  (a)

  Regulation (EC) No. 811/2003(3);

  (b)

  Regulation (EC) No. 813/2003(4);

  (c)

  Commission Decision 2004/407/EC on transitional sanitary and certification rules under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards import from certain third countries of photographic gelatine(5);

  (d)

  Commission Regulation (EC) No. 878/2004 laying down transitional measures in accordance with Regulation (EC) No. 1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes(6);

  (e)

  Commission Regulation (EC) No. 79/2005 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use of milk, milk-based products and milk-derived products, defined as Category 3 material in that Regulation(7);

  (f)

  Commission Regulation (EC) No. 92/2005 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards means of disposal or uses of animal by-products and amending its Annex VI as regards biogas transformation and processing of rendered fats(8);

  (g)

  Commission Regulation (EC) No. 181/2006 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards organic fertilisers and soil improvers other than manure and amending that Regulation(9); and

  (h)

  Commission Regulation (EC) No. 2007/2006 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the importation and transit of certain intermediate products derived from Category 3 material intended for technical uses in medical devices, in vitro diagnostics and laboratory reagents and amending that Regulation(10).”.

(3) In regulation 5 (category 2 material), before paragraph (2) insert–

“(1A) Any person who possesses or has any control over Category 2 material and who fails to comply with Article 5(2), Article 5(3) or Article 5(4) (other than the provision in Article 5(4) relating to export) of the Community Regulation is guilty of an offence.”.

(4) In regulation 9 (access to animal by-products), for paragraphs (3) to (5) substitute–

“(3) No person shall bring an animal by-product (other than milk, colostrum, manure or digestive tract content) on to any premises where any farmed animal, or any other ruminant animal, pig or poultry is kept.

(4) Paragraph (3) does not apply if the occupier of the premises and the person in control of the animal by-product ensures that no animal or poultry has or have access to the animal by-product, and if the animal by-product is–

(a) brought on in a vehicle which enters to collect other animal by-products and no animal by-product is removed from the vehicle while on the premises; or

(b) brought on, in accordance with the approval or authorisation for the relevant plant, to premises where there is a–

(i) collection centre, incinerator or other approved premises which was in operation on 1st November 2002; or

(ii) Category 3 intermediate plant, a technical plant, a petfood plant, or a plant where the animal by-products are used for educational, research or diagnostic purposes.

(5) No person shall allow any animal to have access to–

(a) material in a biogas or composting plant; or

(b) compost produced and applied to land in accordance with regulation 16 (composting catering waste on the premises on which it originates) provided that the conditions of that regulation are complied with,

except that wild birds may have access to such material during the secondary or subsequent phase of composting, and to such compost.”.

(5) In regulation 51 (amendments), omit paragraph (1).

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

14th January 2009