The Animal By-Products Regulations 2005

Regulation 53

SCHEDULE 4 Transitional Measures

PART I THE COLLECTION, TRANSPORTATION AND DISPOSAL OF FORMER FOODSTUFFS(1)

1.—(1) The Secretary of State is the competent authority for granting authorisations under Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs.

(2) Instructions for the purposes of Article 3(3) of that Regulation may be issued by an inspector.

Collection, transport and disposal of former foodstuffs

2.  For the purposes of Article 1.1 of Commission Regulation (EC) No. 813/2003, by way of derogation from Article 6(1)(f) and Article 7 of the Community Regulation, former foodstuffs which have not been mixed with any other animal by-products (other than Category 3 catering waste) may be collected, transported and disposed of or treated in the same way as catering waste.

3.  Where former foodstuffs are mixed with Category 1 or Category 2 material any person in possession or control of the material shall ensure that it is disposed of in accordance with Article 1(2) of Commission Regulation (EC) No. 813/2003; and any person who fails to do so shall be guilty of an offence.

4.  Where former foodstuffs are sent for disposal in an approved landfill site, any person in possession or control of the material shall comply with Article 1(3) of Commission Regulation (EC) No. 813/2003 and any person who fails to do so shall be guilty of an offence.

5.  Any person who fails to comply with any instructions given by an inspector under Article 3(3) of Commission Regulation (EC) No. 813/2003 shall be guilty of an offence.

6.  In this Part “former foodstuffs” does not include waste from the production of products which are intended to be cooked before they are eaten.

PART II OLEOCHEMICAL PLANTS USING RENDERED FATS FROM CATEGORY 2 AND CATEGORY 3 MATERIALS(2)

General obligations

1.  By way of derogation from Article 14 of the Community Regulation, the Secretary of State may approve the use of oleochemical plants to process rendered fats derived from both Category 2 and Category 3 material providing they comply with the conditions in paragraph 4.

2.—(1) Approval shall be suspended immediately if the conditions under which it was granted are not fulfilled.

(2) Once suspended, the approval shall only be reinstated subject to fulfilment of the requirements of the Community Regulation in their entirety.

(3) Any material not processed in accordance with this Part or the Community Regulation shall be disposed of as instructed by an inspector, and .failure to comply with such an instruction is an offence.

3.  The approval shall only be granted to premises and facilities that operated in that way on 1st November 2002.

Specific requirements

4.—(1) Only rendered fats derived from Category 2 and Category 3 materials may be used.

(2) Rendered fats derived from category 2 materials shall be processed in accordance with the standards in Chapter III of Annex VI to the Community Regulation.

(3) Additional processes such as distillation, filtration and processing with absorbents shall be used to further improve the safety of the tallow derivatives.

(1)

This Part of the Schedule enforces Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs, OJ No. L117, 13.5.2003, p. 22.

(2)

This Part of the Schedule implements Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants, OJ No. L117, 13.5.2003, p. 42.