S.I. No. 707/2005 - European Communities (Animal By-products) (Amendment) Regulations 2005

1. He or she takes all necessary steps to ensure that the feedingstuff does not enter the feed chain of the ruminant animals present on the farm;

2. He or she takes all necessary steps to ensure that feedingstuff is not fed to any ruminant animals;

3. (1) The following are revoked-

(a) Articles 7 and 8 of the Diseases of Animals (Bovine Spongiform Encephalopathy) (No.2) Order 1996 (

S.I. No. 278 of 1996

),

(b) Articles 5 and 6 of the Diseases of Animals (Bovine Spongiform Encephalopathy) (Specified Risk Material) Order 2000 (

S.I. No. 331 of 2000

),

(c) subject to Regulation 6(8C) (inserted by Regulation 2 of these Regulations) of the European Communities (Animal By-products Regulations 2003 (

S.I. No. 248 of 2003

), the European Communities (Specified Risk Material) Regulations 2000 (

S.I. No. 332 of 2000

),

(d) the European Communities (Processed Animal Products Regulations 2000 (

S.I. No. 486 of 2000

),

(e) the European Communities (Diseases of Animals Act 1966 (Transmissable Spongiform Encephalopathies) (Meat and Bone Meal and Poultry Offal) Order 2002) Regulations 2002 (

S.I. No. 550 of 2002

), and

(f) the

Diseases of Animals Act 1966

(Transmissable Spongiform Encephalopathies) (Meat and Bone Meal and Poultry Offal) Order 2002 (

S.I. No. 551 of 2002

).

(2) These Regulations are in addition to, and not in substitution for, the Diseases of Animals (Bovine Spongiform Encephalopathy) (Specified Risk Material Order 2000 (

S.I. No. 331 of 2000

).

(3) On the making of these Regulations, the European Communities (Trade in Animals and Animal Products) Regulations 1994 (

S.I. No. 289 of 1994

have effect as if Regulation 18 of the European Communities (Trade in the Production, Processing, Distribution and Introduction of Products of Animal Origin for Human Consumption) Regulations 2004 (

S.I. No. 820 of 2004

were in addition to and not in substitution for the Regulations first cited in this paragraph.

(4) A reference in any enactment or statutory instrument to a statutory instrument revoked by paragraph (1) is construed and has effect as if the reference is a reference to the European Communities (Animal By-products Regulations 2003 (

S.I. No. 248 of 2003

) as amended by Regulation 2 of these Regulations.

(5) The Diseases of Animals (Feeding and Use of Swill) Orders 1985 and 1987 do not apply to the use of swill (and activities ancillary thereto) in connection with plant approved under Regulation 6(6) of the European Communities (Animal By-products) Regulations 2003 (

S.I. No. 248 of 2003

).

GIVEN

under my Official Seal,

10

th

November 2005

Mary Coughlan

Minister for Agriculture and Food

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

These regulations amend the European Communities (Animal By-products Regulations 2003 (

S.I. No 248 of 2003

). The main provisions of these regulations include the use of Category 3 meat and bone meal in petfood, the use of Category 3 meat and bone meal as a fertiliser on non-pasture land and the spreading of digestate of composting and biogas plants on non-pasture land.

1

O.J. No. L 147 of 31.5.2001, p.1.

2

O.J. No. L 173 of 27.6.2001, p.12.

3

O.J. No. L 177 of 30.6.2001, p.60.

4

O.J. No. L 45 of 15.2.2002, p.4.

5

O.J. No. L 225 of 22.8.2002, p. 3.

6

O.J. No. L 37 of 13.2.2003, p. 7.

7

O.J. No. L 95 of 11.4.2003, p. 15.

8

O.J. No. L 152 of 20.6.2003, p. 8.

9

O.J. No. L 160 of 28.6.2003, p. 1.

10

O.J. No. L 160 of 28.6.2003, p. 22.

11

O.J. No. L 173 of 11.7.2003, p. 6.

12

O.J. No. 265 of 16.10.2003, p. 10.

13

O.J. No. L 283 of 31.10.2003, p. 29.

14

O.J. No. L 333 of 20.12.2003, p. 28.

15

O.J. No. L 162 of 30.4.2004, p. 52.

16

O.J. No. L 271 of 19.8.2004, p. 24.

17

O.J. No. L 274 of 24.8.2004, p. 3.

18

O.J. No. L 344 of 20.11.2004, p. 12.

19

O.J. No. L 10 of 13.1.2005, p. 9.

20

O.J. No. L 37 of 10.2.2005, p. 9.

21

O.J. No. L 46 of 17.2.2005, p. 31.

22

O.J. No. L 163 of 23.6.2005, p. 1.

23

O.J. No. L 205 of 6.8.2005, p.3.

24

O.J. No. L 273 of 10.10.2002, p.1.

25

O.J. no. L 117 of 13.5.2003, p. 1.

26

O.J. No. L 112 of 19.4.2004, p. 1.

27

O.J. No. L 162 of 29.4.2004, p. 62.

28

O.J. No. L 19 of 21.1.2005, p. 27.

29

O.J. No. L 19 of 21.1.2005, p. 34.

30

O.J. No. L18 of 23.1.2003, p.11.

2

O.J. No. L 173 of 27.6.2001, p.12.

4. He or she must ensure that the feedingstuff consisting of or containing dicalcium phosphate is stored in a closed container in an area where a ruminants will not have access;

5. He or she must ensure that the feedingstuff consisting of or containing dicalcium phosphate is not fed to animals in an area where ruminant animals may be fed or may enter;

6. He or she must ensure that all equipment used for the handling, storage transportation or cleaning of a feedingstuff consisting of or containing dicalcium phosphate is not used in the feeding of ruminant animals;

7. He or she must maintain accurate records of all quantities of a feedingstuff consisting of or containing dicalcium phosphate purchased and used and make these records available for inspection by an authorised officer.”.

Revocations etc.

9C. (1) A person shall not manufacture a feedingstuff that may be fed to a ruminant animal or have such a feedingstuff in his or her possession or under his or her control on a premises where-

(a) fishmeal or a feedingstuff that consists of or contains fishmeal,

(b) hydrolysed protein or a feedingstuff that consists of or contains hydrolysed protein,

(c) dicalcium phosphate of animal origin, tricalcium phosphate of animal origin or a feedingstuff that consists of or contains dicalcium phosphate or tricalcium phosphate of animal origin,

(d) a blood product or bloodmeal or a feedingstuff that consists of or contains a blood product or bloodmeal, or

(e) other processed animal protein,

is manufactured.

(2) A person shall not manufacture or have in his or her possession or under his or her control -

(a) fishmeal or a feedingstuff that consists of or contains fishmeal,

(b) hydrolysed protein or a feedingstuff that consists of or contains hydrolysed protein,

(c) dicalcium phosphate of animal origin, tricalcium phosphate of animal origin or a feedingstuff that consists of or contains dicalcium phosphate or tricalcium phosphate of animal origin,

(d) a blood product or bloodmeal or a feedingstuff that consists of or contains a blood product or bloodmeal, or

(e) other processed animal protein,

on a premises where a feedingstuff that may be fed to a ruminant is manufactured.

(3) A person shall not have -

(a) a substance that consists of or contains fishmeal, hydrolysed protein a blood product, bloodmeal or other processed animal protein in his or her possession or under his or her control on a premises where a farmed animal (other than a carnivorous fur producing animal) is kept or

(b) a farmed animal (other than a carnivorous fur producing animal) in his or her possession or under his or her control on a premises where a substance that consists of or contains fishmeal, hydrolysed protein, a blood product, bloodmeal or other processed animal protein is manufactured, sold, supplied or kept.

(4) A person shall not have a substance that consists of or contains dicalcium phosphate or tricalcium phosphate of animal origin in his or her possession or under his or her control on a premises where a farmed animal is kept other than under and in accordance with Annex IV to the TSE Regulation and the on-farm measures specified in the Schedule to these Regulations.

(5) A person shall not have a farmed animal in his or her possession or under his or her control on a premises where a substance that consists of or contains dicalcium phosphate or tricalcium phosphate of animal origin is manufactured sold, supplied or kept other than under and in accordance with Annex IV to the TSE Regulation and the on-farm measures specified in the Schedule to these Regulations.

(6) Subject to paragraph (7), paragraphs (3), (4) and (5) do not apply to a—

(a) feedingstuff packed in a hermetically sealed tin, or

(b) dried, sealed and bagged feedingstuff if the bag weighs 20 kilograms or less,

on land where a farmed animal is kept if the feedingstuff is presented and labelled in accordance with Annex IV to the TSE Regulation and is intended for, and may lawfully be, fed to a canine or feline.

(7) A person may have a feedingstuff to which paragraph (6) applies on land where a farmed animal (other than a carnivorous fur producing animal) is kept, if-

(a) the animal does not have access to any part of the land where the feedingstuff is stored,

(b) the feedingstuff is stored in a leak-proof container that has a closely fitting lid on a part of the lands to which the animal does not have access, and

(c) the feedingstuff is stored in a manner that prevents contamination or contact with any other feedingstuff.

(8) In paragraphs (7) and (9), “land” includes land or premises ancillary to the first-mentioned land.

(9) Not withstanding paragraph (3) a person may have in his possession or under his control and spread on-non-pasture land (that has not been grazed by a farm animal in the previous three years) fertilizer that consists of or contains category 3 material, if-

(a) a farmed animal does not have access to any part of the land where the fertilizer is stored or spread,

(b) the fertilizer is stored in a leak-proof container that has a closely fitting lid on a part of the non-pasture land to which a farmed animal does not have access, and

(c) the fertilizer is stored in a manner that prevents contamination or contact with any other fertilizer or feedingstuff.

Labelling

9D. (1) Subject to paragraph (2), a person shall not have in his or her possession or under his or her control, sell or supply a feedingstuff that consists of or contains fishmeal, hydrolysed protein, dicalcium phosphate of animal origin tricalcium phosphate of animal origin, a blood product, bloodmeal or other processed animal protein unless the package, container, or an adhesive label (that adheres to the package or container and may not be readily removed) and accompanying document bears a notice, in legible form, that conforms to Annex IV to the TSE Regulation.

(2) A person may bring a feedingstuff that consists of or contains a substance referred to in paragraph (1) directly from a port within the State to a specified place to label it in accordance with paragraph (1) and it shall not be an offence for the person to have the feedingstuff in his or her possession or under his or her control for that purpose if he or she has given advance written notice of the movement to the District Veterinary Office in whose functional area the port is located and the District Veterinary Office in whose area the specified place is located.

(3) In this Regulation, “specified place” means a place that has been notified to the Minister and is used to label a feedingstuff in accordance with paragraph (2).

Storage and transport of processed animal proteins

9E. (1) A person who stores or transports a substance to which the European Regulation or the TSE Regulation refers shall take all necessary precautions to ensure that the substance does not contaminate a feedingstuff or food for human consumption.

(2) A person shall not cause or permit a substance to which the European Regulation or the TSE Regulation refers to contaminate a feedingstuff intended for feeding to a farmed animal or food intended for human consumption.

(3) A person shall not use a vehicle that has been used to transport in bulk a substance to which the European Regulation or the TSE Regulation refers to transport a feedingstuff intended for feeding to a farmed animal or food intended for human consumption.”,

(m) in Regulation 12(1) (a), by the insertion, after “European Regulation”, of “or the TSE Regulation”,

(n) in Regulation 12 by-

(i) the insertion after “animal by-product”, in each place where it occurs, of “feedingstuff, fertilizer or other thing to which either the European Regulation or the TSE Regulation relates,”,

(ii) the insertion after “animal by-product,”, in each place where it occurs, of “feedingstuff, fertilizer or other thing to which either the European Regulation or the TSE Regulation relates,”,

(iii) the substitution, in paragraph (3), for “an animal transport” of “a” and

(iv) the substitution, in paragraph (7)(a), for “this Order (in this Article)” of “these Regulations (in this Regulation)”,

(o) in Regulation 13, by the insertion-

(i) after “European Regulation”, in each place where it occurs, of “, the TSE Regulation”, and

(ii) after “approval”, in each place where it occurs, of “authorisation, registration document”,

(p) in Regulation 14(1), by the substitution for “of Regulation 9(10) or (12)”, of “, Regulation 9 (10) or (12) or Regulation 9A(9) or (11)”,

(q) in Regulation 16-

(i) by the substitution, in each place where it occurs for “or licence” of “, authorisation, licence or registration”, and

(ii) by the deletion, in each place where it occurs, of “ Minister for Health and Children”,

and

(r) by the insertion, after Regulation 17, of-

“Evidence on certificate

17A. (1) In proceedings for an offence consisting of a contravention of the European Regulation, the TSE Regulation or these Regulations, a certificate purporting to be signed by a person employed at an approved laboratory named in the certificate or the national reference laboratory stating the capacity in which that person is so employed and stating any one or more of the following namely -

(b) that the laboratory is an approved laboratory or the national reference laboratory,

(c) that the person received a sample submitted to the laboratory,

(d) that, for such period as is specified in the certificate, the person had in his or her custody a sample so submitted,

(e) that the person gave to such other person as is specified in the certificate a sample so submitted, or

(f) that the person carried out any laboratory examination for the purpose of detecting the presence, in a sample so submitted of a transmissible spongiform encephalopathy, or that the sample was positive for a transmissible spongiform encephalopathy,

is, unless the contrary is proved, evidence of the matters stated in the certificate.

(2) A certificate purporting to be signed by an officer of the Minister and to certify that on a specific day or days or during the whole of a specified period-

(a) a particular person or vehicle did not stand registered in the register of home compounders or the animal by-products transport register,

(b) the registration of a particular person or vehicle in the register of home compounders or the animal by-products transport register had been revoked,

(c) a person was or was not the holder of an approval or authorisation granted for the purposes of either the European Regulation or the TSE Regulation under Regulation 6,

(d) a person was or was not the holder of a burial licence, a research licence, a meat feeding licence or a meat seller's licence, or

(e) that a particular approval, authorisation, registration or licence, referred to in this paragraph, was subject to a particular condition or conditions,

is, without proof of the signature of the person purporting to sign the certificate or that he or she is an officer of the Minister evidence, unless the contrary is shown, of the matters stated in the certificate.

(3) In proceedings for an offence under these Regulations the court may, if it considers that the interests of justice so require, direct that oral evidence of the matters stated in a certificate under paragraph (1) or (2) be given, and the court may for the purpose of receiving oral evidence adjourn the matter.

(4) In proceedings for an offence, evidence of the European Regulation or the TSE Regulation may be given by production of a copy of the European Regulation or the TSE Regulation certified by an officer of the Minister to be a copy of the European Regulation or the TSE Regulation, and it is not necessary to prove the signature of the officer or that he or she is an officer of the Minister.

(5) Paragraph (4) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 (

S.I. No. 341 of 1972

).

Production of documents

17B A person shall not, on a request being made in that behalf by an authorised officer, fail to produce-

(a) a health certificate referred to in Article 7(2) or 8(3)(a of the European Regulation or Article 15(1), 16(3), (5). 17 or 18 of the TSE Regulation,

(b) a commercial document referred to in Article 7(2) or 8(3)(a) of the European Regulation or Article 16(5) or 17 of the TSE Regulation,

(c) an authorisation referred to in Article 8(2) of the European Regulation,

(d) a record referred to in Article 9, 14(2)(c) or 25(1)(d) of the European Regulation,

(e) an approval or authorisation granted under Regulation 6 or a record maintained pursuant to the approval or authorisation,

(f) a licence granted under Regulation 7, 8 or 9 or a record maintained pursuant to the licence, or

(g) a certificate of registration under Regulation 9A or 9B or a record maintained pursuant to the registration.

Testing of certain animals

17C(1) A person who slaughters or has in his or her possession or under his or her control the carcase of an animal to which Annex III to the TSE Regulation refers shall not process the carcase until -

(a) a sample has been taken from the carcase by a registered veterinary surgeon (within the meaning of the

Veterinary Surgeons Act 1931

(No 36 of 1931)),

(b) the sample taken under subparagraph (a) has been subjected to a laboratory examination at an approved laboratory or the national reference laboratory, and

(c) the result of the laboratory examination under subparagraph (b) is negative for bovine spongiform encephalopathy,

other than under and in accordance with the direction of an authorised officer.

(2) A person who slaughters or takes into his or her possession the carcase of an animal to which Annex III to the TSE Regulation refers shall securely detain the carcase in accordance with the directions of an authorised officer and shall not deal with the carcase or any part thereof other than in accordance with the directions of an authorised officer.

(3) A person shall take all necessary steps to ensure that the carcase of a bovine animal does not deteriorate to an extent that a sample taken from the carcase can not easily be tested using a method laid down in point 3(1)(b) of Chapter C of Annex X to the TSE Regulation.

Schedule

Regulation 9C(4)

The following are on-farm measures for the purposes of point II.C(d) - second paragraph- of Annex IV to the TSE Regulation.

A person may possess, store and feed a feedingstuff consisting of or containing dicalcium phosphate on a farm where ruminant animals are present if-

S.I. No. 707 of 2005

European Communities (Animal By-products) (Amendment) Regulations 2005

I, Mary Coughlan, Minister for Agriculture and Food, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972) for the purpose of giving full effect to Regulation (EC) No. 999/2001 of the European Parliament and the Council of 22 May 2001

1

(as amended by Commission Regulation (EC) No. 1248/2001 of 22 June 2001

2

, Commission Regulation (EC) No. 1326/2001 of 29 June 2001

3

, Commission Regulation (EC) No. 270/2002 of 14 February 2002

4

, Commission Regulation (EC) No. 1494/2002 of 21 August 2002

5

Commission Regulation (EC) No. 260/2003 of 12 February 2003

6

, Commission Regulation (EC) No. 650/2003 of 10 April 2003

7

, Commission Regulation (EC) No. 1053/2003 of 19 June 2003

8

, Regulation (EC) No. 1128/2003 of the European Parliament and the Council of 16 June 2003

9

, Commission Regulation (EC) No. 1139/2003 of 27 June 2003

10

, Commission Regulation (EC) No. 1234/2003 of 10 July 2003

11

, Commission Regulation (EC) No. 1809/2003 of 15 October 2003

12

Commission Regulation (EC) No. 1915/2003 of 30 October 2003

13

, Commission Regulation (EC) No. 2245/2003 of 19 December 2003

14

, Commission Regulation (EC) No. 876/2004 of 29 April 2004

15

, Commission Regulation (EC) No. 1471/2004 of 18 August 2004

16

, Commission Regulation (EC) No. 1492/2004 of 23 August 2004

17

, Commission Regulation (EC) No. 1993/2004 of 19 November 2004

18

Commission Regulation (EC) No. 36/2005 of 12 January 2005

19

, Commission Regulation (EC) No. 214/2005 of 9 February 2005

20

, Commission Regulation (EC No . 260/2005 of 16 February 2005

21

, Commission Regulation (EC) No. 932/ 2005 of 8 June 2005

22

and Commission Regulation (EC) No. 1292/2005 of 5 August 2005

23

Regulation (EC) No. 1774/2002 of the European Parliament and the Council of 3 October 2002

24

(as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003

25

, Commission Regulation (EC) No. 668/2004 of 10 March 2004

26

Commission Regulation (EC) No. 878/2004 of 29 April 2004

27

, Commission Regulation (EC) No. 92/2005 of 19 January 2005

28

and Commission Regulation (EC No. 93/2005 of 19 January 2005

29

) and Council Directive No. 2002/99/EC of 16 December 2002

30

, hereby make the following regulations-

Citation