The Animal By-Products Regulations 2003

© Crown Copyright 2003

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Animal By-Products Regulations 2003, ISBN 0110466748. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the Community Regulation" means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption[3] as amended by and as read with - 

(a) Commission Regulation (EC) No. 808/2003 amending 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[4];

(b) Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures[5];

(c) 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[6];

(d) Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oil[7];

(e) Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood[8];

(f) 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[9];

(g) Commission Decision 2003/327/EC on transitional measures under Regulation(EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcases containing them[10];

"inspector" means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations;

"local authority" means - 

(a) in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994[11], a unitary authority for that local government area, that authority;

(b) where there is not a unitary authority - 


(i) in a metropolitan district, the council of that district;

(ii) in a non-metropolitan county, the council of that county; or

(iii) in each London borough, the council of that borough;



(c) in the City of London, the Common Council;

"poultry" includes birds of all species including wild birds.

    (2) Expressions defined in the Community Regulation have the same meaning in these Regulations, and Category 1 material, Category 2 material and Category 3 material comprises the animal by-products set out in Articles 4, 5 and 6 respectively of the Community Regulation.

Approvals, etc.
     3. Any approval, authorisation, registration, instructions or notice issued under these Regulations or the Community Regulation shall be in writing, and may be made subject to such conditions as are necessary to - 

(a) ensure that the provisions of the Community Regulation and these Regulations are complied with; and

(b) protect public and animal health.

    (5) No person shall allow any animals to have access to material in a biogas or composting plant, except that it is not an offence for wild birds to have access to the material during the secondary or subsequent phase of composting.

    (6) In this regulation "animal by-product" includes catering waste of all kinds, including catering waste to which the Community Regulation does not apply because of Article 1(2)(e) of that Regulation.

    (7) This regulation does not prohibit feeding animal by-products to animals under Article 23(2) of the Community Regulation as enforced by regulation 26(3) of these Regulations.

    (8) Any person who fails to comply with any provision of this regulation shall be guilty of an offence.

Restrictions on use
     10. Any person who fails to comply with Article 22(1) of the Community Regulation shall be guilty of an offence.

Pasture land
     11.  - (1) For the purposes of Article 22(1)(c) of the Community Regulation, pasture land is land that is intended to be used for grazing or cropping for feedingstuffs following the application or deposit of organic fertilisers and soil improvers within the following periods - 

(a) two months in the case of pigs; and

(b) three weeks in the case of other farmed animals.

    (2) Any person who - 

(a) uses pasture land for grazing within the period specified in paragraph (1); or

(b) feeds to pigs or other farmed animals within that period anything cropped from pasture land during that period;

shall be guilty of an offence.

Intra-species recycling of fish
     12.  - (1) Notwithstanding regulation 10, it shall not be an offence under these Regulations to feed fish with processed animal protein derived from the bodies or parts of bodies of fish (other than farmed fish of the same species) if this is done in accordance with Articles 2 to 4 of, and Annex I to, Commission Regulation (EC) No. 811/2003.

    (2) The Secretary of State shall be the competent authority for the purposes of Article 5 of Commission Regulation (EC) No. 811/2003.

    (3) In accordance with Article 10 of Commission Regulation (EC) No. 811/2003, this regulation shall not apply until 1 January 2004.

(a) checking intermediate plants in accordance with Articles 10(2)(d) and 10(3)(d) of the Community Regulation;

(b) checking storage plants in accordance with Article 11(2)(b) of that Regulation;

(c) validating and checking Category 1 and Category 2 processing plants in accordance with Articles 13(2)(c) and 13(2)(e) of that Regulation, supervising Category 1, 2 and 3 plants in accordance with Annex V, Chapter IV, paragraph 1 to that Regulation, and validating those plants in accordance with Annex V, Chapter V, paragraph 1 to that Regulation;

(d) authorising the temporary use of a Category 2 processing plant for the processing of Category 1 material in accordance with Annex VI, Chapter 1, paragraph 2 to that Regulation;

(e) checking oleochemical plants in accordance with Article 14(2)(d) of that Regulation and shall be the person to whom records shall be produced in accordance with Article 14(2)(c) of that Regulation;

(f) checking biogas plants and composting plants in accordance with Article 15(2)(c) of that Regulation;

(g) validating and checking Category 3 processing plants in accordance with Article 17(2)(c) and 17(2)(e) of that Regulation;

(h) authorising the temporary use of a Category 3 processing plant for the processing of Category 1 or Category 2 material in accordance with Annex VII, Chapter 1, paragraph 2 to that Regulation, or the use of a Category 2 processing plant as a collection centre in accordance with Annex IX, paragraph 3 to that Regulation;

(i) presentation of records relating to a petfood or technical plant in accordance with Article 18(2)(a)(iv) of that Regulation;

(j) recognising laboratories for the purposes of analysing samples from petfood and technical plants in accordance with Article 18(2)(a)(iii) of that Regulation, receiving information under Article 18(2)(a)(v) of that Regulation, and checking petfood plants and technical plants in accordance with Article 18(2)(b) of that Regulation;

(k) carrying out inspection and supervision in accordance with Article 26 of that Regulation;

(l) giving instructions for the purposes of Annex II, Chapter II, paragraph 4 to that Regulation;

(m) the presentation of commercial documents under Annex II, Chapter V to that Regulation;

(n) authorising a representative point in the combustion chamber of an incinerator in accordance with Annex IV, Chapter II, paragraph 3 to that Regulation, and inspecting them in accordance with Annex IV, Chapter VII, paragraph 8 to that Regulation[12];

(o) authorising specific requirements in accordance with Annex VI, Chapter II, Part C, paragraphs 14 and 15 to that Regulation[13].

Approval of premises
     14.  - (1) No person shall operate any - 

(a) category 1, 2 or 3 intermediate plant;

(b) storage plant;

(c) incineration or co-incineration plant;

(d) category 1 or category 2 processing plant;

(e) category 2 or category 3 oleochemical plant;

(f) biogas or composting plant;

(g) category 3 processing plant;

(h) petfood or technical plant; or

for the storage, processing, treatment, disposal or use of animal by-products unless the premises, the operator of the premises and any equipment are approved for that purpose in accordance with these Regulations and the Community Regulation.

    (2) The operator of approved premises shall ensure that - 

(a) the premises are maintained and operated in accordance with - 


(i) the conditions of approval, and

(ii) the requirements of the Community Regulation and these Regulations; and



(b) any person employed by him, and any person permitted to enter the premises complies with those conditions and requirements.

    (3) The operator of a high capacity incineration plant shall dispose of the ash in accordance with Annex IV, Chapter VII, paragraph 4 to the Community Regulation in the same way as the operator of a low capacity incineration plant.

    (4) Any person who fails to comply with any provision of this regulation shall be guilty of an offence.

Biogas and composting plants
     15.  - (1) The provisions of Part I of Schedule 1 to these Regulations shall apply in a biogas and composting plant used for treating any animal by-products (including catering waste) in addition to the requirements of paragraphs 1 to 11 of Annex VI, Chapter II to the Community Regulation.

    (2) In accordance with Article 6(2)(g) and Annex VI, Chapter II, paragraph 14 to the Community Regulation - 

(a) catering waste shall be treated in a biogas or composting plant either in accordance with Annex VI, Chapter II, paragraphs 12 or 13 to the Community Regulation or in accordance with Part II of Schedule 1 to these Regulations; and

(b) any other animal by-product treated in a biogas or composting plant shall be treated in accordance with Annex VI, Chapter II, paragraphs 12 or 13 to the Community Regulation.

    (3) Any person who fails to comply with any provision of this regulation shall be guilty of an offence.

Composting catering waste on the premises on which it originates
     16. In accordance with Article 6(2)(g) of and Annex VI, Chapter II, paragraph 14 to the Community Regulation, the provisions of that Chapter and of regulation 14(1)(f) above do not apply to the composting of Category 3 catering waste on the premises on which it originates provided that - 

(a) the decomposed material is only applied to land at those premises;

(b) no ruminant animals or pigs are kept at the premises; and

(c) if poultry is kept at the premises the material is composted in a secure container which prevents the poultry having access to it during decomposition.

Processing and intermediate plants' own checks
     17.  - (1) Any person who fails to comply with Article 25(1) of the Community Regulation shall be guilty of an offence.

    (2) Any person who fails to comply with Article 25(2) of the Community Regulation shall be guilty of an offence.

    (3) The operator shall record the action taken in accordance with Article 25(2) of the Community Regulation, and failure to do so shall be an offence.

Sampling at processing plants
     18.  - (1) If a processing plant is processing Category 1 or Category 2 material, and the processed material is to be sent to landfill (or, in the case of Category 2 material, a biogas or composting plant) the operator shall, once every week - 

(a) take from the outlet of the cooker in which the material is processed a sample of at least 50 grams of processed material; and

(b) send the sample to a laboratory approved to test it for Clostridium perfingens.

    (2) In the case of Category 3 processing plants, where the processed material is intended for use in feedingstuffs the operator shall - 

(a) take a representative sample of the material on each day that the material is consigned from the premises, and

(b) send it to a laboratory approved to test it for Salmonella and Enterobacteriaceae .

    (3) In the case of Category 3 processing plants, where the processed material is not intended for use in feedingstuffs the operator shall - 

(a) take a sample once every week of the material that is consigned from the premises; and

(b) send the sample to a laboratory approved to test it for Salmonella and Enterobacteriaceae.

    (4) Any person who fails to comply with any provision of this regulation shall be guilty of an offence.

Sampling at biogas and composting plants
     19.  - (1) In the case of biogas and composting plants the operator shall, at intervals specified in the approval, take a representative sample of material that been treated to the time temperature parameters specified in Part II of Schedule 1 to these Regulations or the Community Regulation and send it for testing for Salmonella and Enterobacteriaceae (or, in the case of material derived from catering waste, Salmonella only) in a laboratory approved to carry out those tests.

    (2) No person shall consign any material from a biogas or composting plant until the results of the test are received from the laboratory.

    (3) In the event of tests establishing that treated material does not comply with the limits in Annex VI, Chapter II, paragraph 15 to the Community Regulation, the operator shall - 

(a) immediately notify the Secretary of State, giving full details of the failure, the nature of the sample and the batch from which it was derived;

(b) ensure that no digestion residue or compost suspected or known to be contaminated is moved from the premises unless - 


(i) it has been re-treated under the supervision of the Secretary of State and resampled and re-tested by the Secretary of State, and the re-testing has shown that the re-treated digestion residue or compost complies with the standards in the Community Regulation; or

(ii) it is consigned for processing or incineration at an approved processing plant or incinerator or (in the case of catering waste) it is consigned to landfill; and



(c) record the action taken in accordance with this regulation.

    (4) Any person who fails to comply with any provision of this regulation shall be guilty of an offence.

Samples sent to laboratories
     20.  - (1) Whenever an operator sends a sample to a laboratory in accordance with this Part, he shall send with the sample the following information in writing - 

(a) the name and address of the premises at which the sample was taken;

(b) the date on which the sample was taken; and

(c) the description and identity of the sample.

    (2) It shall be an offence for any person to tamper with a sample taken under these Regulations with intent to affect the result of the test.

    (3) The operator shall keep a record of all results of laboratory tests.

    (4) Any person who fails to comply with any provision of this regulation shall be guilty of an offence.

Laboratories
     21.  - (1) The Secretary of State shall approve laboratories under this regulation to carry out one or more of the tests in this regulation if she is satisfied that they have the necessary facilities, personnel and operating procedures to do so.

    (2) In deciding whether to grant or continue an approval, the Secretary of State may require the laboratory to successfully undertake any quality control tests as she reasonably thinks fit.

    (3) The operator of a laboratory approved under this regulation carrying out tests for the purposes of these Regulations or the Community Regulation shall do so in accordance with the following provisions, and failure to do so shall be an offence.

    (4) A test for Clostridium perfingens shall be carried out in accordance with the method in Schedule 2 or (if specified in the approval) with a method which conforms with ISO 7937/1997 (BS-EN 13401:1999) (Enumeration of Clostridium perfingens) or equivalent[14].

    (5) A test for Salmonella shall be carried out in accordance with the method in Schedule 2 or (if specified in the approval) with a method that conforms with - 

(a) ISO 6579/2002 (BS-EN 12824:1998) (Detection of Salmonella) or equivalent[15]; or

(b) NMKL 71: 1993 or equivalent[16].

    (6) A test for Enterobacteriaceae shall be carried out in accordance with the method in Schedule 2 or (if specified in the approval) with a method which conforms with ISO 7402/1993 (BS 5763: Part 10: 1993) (Enumeration of Enterobacteriaceae) or equivalent[17].

    (7) Where tests are carried out for the detection of any of the following, the operator of a laboratory approved under this regulation shall immediately notify the Secretary of State and the operator of the premises if - 

(a) the tests fail to establish that the material is free from Clostridium perfringens;

(b) the tests fail to establish that the material is free from Salmonella; or

(c) the material successfully passes the test for Enterobacteriaceae in paragraph 5 Part III of Schedule 2.

and failure to do so shall be an offence.

    (8) The operator of a laboratory approved under this regulation shall in relation to processed material notify the Secretary of State on the last day of each month of the number, type and results of tests carried out, and failure to do so shall be an offence.

    (9) Reprocessing in accordance with Article 25(2)(c) and (d) of the Community Regulation shall be carried out under the supervision of the Secretary of State.

    (10) If the sample has been sent to the approved laboratory from premises outside England, the requirements in this regulation to notify the Secretary of State shall be construed as a requirement to notify the competent authority for the premises from which the sample was sent.

    (6) Any person who uses animal by-products for any of the purposes in this regulation other than in accordance with an authorisation shall be guilty of an offence.

Collection centres
     27.  - (1) For the purposes of Article 23(2) of the Community Regulation no person shall operate a collection centre, as defined in Annex I to the Community Regulation, for the purposes of feeding animal by-products to - 

(a) dogs from recognised kennels or recognised packs of hounds; or

(b) maggots for fishing bait;

unless the premises and the operator of the premises are authorised.

    (2) The operator of the authorised premises shall - 

(a) ensure that the premises are maintained and operated in accordance with - 


(i) the conditions of the authorisation; and

(ii) the requirements of the Community Regulation and these Regulations; and



(b) ensure that any person employed by him, and any person invited to the premises complies with these conditions and requirements.

    (3) Any person who fails to comply with any provision of this regulation shall be guilty of an offence.

Burial of pet animals
     28. In accordance with Article 24(1)(a) of the Community Regulation, dead pet animals may be buried.

Remote areas
     29.  - (1) Only the Isles of Scilly and Lundy Island are remote areas for the purposes of Article 24(1)(b) of the Community Regulation and accordingly the animal by-products referred to in that sub-paragraph and originating in those areas may be disposed of by burning or burial on site provided that this is done in accordance with Part C of Annex II to Commission Regulation (EC) No. 811/2003[18].

    (2) The Secretary of State shall be the competent authority for the purposes of Article 7 of, and Part C of Annex II to, Commission Regulation (EC) No. 811/2003.

Burial in the event of a disease outbreak
     30.  - (1) In accordance with Article 24(1)(c) of the Community Regulation, if there is an outbreak of disease mentioned in List A of the International Office of Epizootic Diseases, on site burning or burial (as defined in Part A of Annex II to Commission Regulation (EC) No. 811/2003) of animal by-products shall not be an offence if the animal by-product is transported, and buried or burnt, in accordance with - 

(a) a notice given by the Secretary of State under Article 24(1)(c) authorising disposal in accordance with that provision; and

(b) the provisions of Article 6 of and Part B of Annex II to Commission Regulation (EC) No. 811/2003.

    (2) The Secretary of State shall be the competent authority for the purposes of Article 6 of and Part B of Annex II to Commission Regulation (EC) No. 811/2003.

Burning and burial of bees and apiculture products
     31. In accordance with Article 8 of Commission Regulation (EC) No. 11/2003, bees and Category 2 apiculture products may be disposed of by burial or burning on site if this is done in accordance with that Article.

and failure to do so shall be an offence.

Treatment records for biogas and composting plants
     37. The operator of a biogas or composting plant treating catering waste or other animal by-products shall record - 

(a) the dates on which the material is treated;

(b) a description of the material treated;

(c) the quantity of material treated;

(d) the result of all checks carried out at the critical points identified under paragraph 3 of Part I of Schedule 1; and

(e) sufficient information to show that the material has been treated to the required parameters;

and failure to do so shall be an offence.

Records for approved laboratories
     38. The operator of a laboratory approved under regulation 21 shall record - 

(a) the name and address of the premises at which the sample was taken;

(b) the date on which the sample was taken;

(c) the description and identity of the sample;

(d) the date on which the sample was received at the laboratory;

(e) the date on which the sample was tested at the laboratory; and

(f) the result of the test;

and failure to do so shall be an offence.

Records to be kept for consignments of compost or digestion residue
     39.  - (1) Subject to paragraph (2), the occupier of premises on which ruminant animals, pigs or poultry are kept shall record - 

(a) the date on which compost or digestion residue is brought on to those premises;

(b) the quantity and description of the compost or digestion residue;

(c) the land to which the compost or digestion residue is applied;

(d) the date of such application; and

(e) the date on which the land is first cropped or the date on which ruminant animals, pigs or poultry were allowed access to the land, whichever is the sooner;

and failure to do so shall be an offence.

    (2) The requirement in paragraph (1) to make records shall not apply in the case of any supply of compost or digestion residue for use at any premises used only as a dwelling.

Suspension, amendment and revocation of approvals and registrations
     41.  - (1) The Secretary of State, by notice in writing served on the operator - 

(a) shall suspend immediately an approval or registration if any of the conditions under which the approval was granted are not fulfilled, and

(b) may suspend or amend an approval or registration if she is satisfied that the provisions of the Community Regulation or these Regulations are not being complied with.

    (2) A suspension or amendment under paragraph 1(b) - 

(a) shall have immediate effect if the Secretary of State considers that it is necessary for the protection of public or animal health;

(b) otherwise shall not have effect for at least 21 days following service of the notice.

    (3) The notice shall - 

(a) give the reasons; and

(b) explain the right of the operator of the premises to make written representations to the Secretary of State and to be heard by an independent person appointed by the Secretary of State.

    (4) Where there is an appeal under regulation 42, an amendment or suspension shall not have effect until the final determination by the Secretary of State in accordance with the following regulation unless the Secretary of State considers that it is necessary for the protection of public or animal health for the amendment or suspension to have immediate effect.

    (5) The Secretary of State may by notice in writing revoke an approval if, following an appeal, if any, in accordance with the following regulation, which upholds a suspension, she is satisfied, taking into account all the circumstances of the case, that the premises will not be operated in accordance with these Regulations and the Community Regulation.

Appeals
     42.  - (1) A person on whom a notice is served under regulation 40 or 41 may within 21 days beginning with the day on which the notice is served - 

(a) provide written representations to the Secretary of State; and

(b) provide notice of whether or not he wishes to appear before an independent person appointed by the Secretary of State.

    (2) Where an appellant gives notice of his wish to appear before and be heard by an independent person - 

(a) the Secretary of State shall appoint an independent person to hear representations and specify a time limit within which representations must be made;

(b) the appointed person shall not, except with the consent of the appellant, be an officer of the Secretary of State;

(c) if the appellant so requests the hearing shall be in public;

(d) if the appellant so requests, the Secretary of State shall furnish to him a copy of the report of the person so appointed.

    (3) The independent person shall report to the Secretary of State.

    (4) The Secretary of State shall give to the appellant written notification of her final determination and the reasons for it.

Notice requiring the disposal of animal by-products or catering waste
     43. If an inspector considers it necessary for animal or public health purposes or if any provision of these Regulations or the Community Regulation is not being complied with, he may - 

(a) serve a notice on any person in possession or control of any animal by-product requiring him to dispose of it as may be specified in the notice; or

(b) serve a notice on the occupier of any premises prohibiting animal by-products being brought on to the premises, or only permitting this in a way specified in the notice.

Cleansing and disinfection
     44.  - (1) If an inspector reasonably suspects that any vehicle, container or premises to which these Regulations or the Community Regulation apply constitutes an animal or public health risk, he may serve a notice on the person in charge of the vehicle or container, or on the occupier of the premises, requiring the vehicle, container or premises to be cleansed and disinfected.

    (2) The notice may - 

(a) specify the method of cleansing and disinfection;

(b) specify the method of disposal of any material remaining in the vehicle, container or premises; and

(c) prohibit the movement of any animal by-product into the vehicle or container or on to the premises until such time as the required cleansing and disinfection has been satisfactorily completed.

Compliance with notices
     45.  - (1) Any notice served under these Regulations shall be complied with at the expense of the person on whom the notice is served, and if it is not complied with, an inspector may arrange for it to be complied with at the expense of that person.

    (2) Any person on whom a notice is served who contravenes or fails to comply with the provisions of that notice shall be guilty of an offence.

Powers of entry
     46.  - (1) An inspector shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours, to enter any premises (excluding any premises used only as a dwelling) for the purpose of administering and enforcing these Regulations and the Community Regulation; and in this regulation "premises" includes any vehicle or container.

    (2) An inspector may - 

(a) seize any animal by-products and dispose of them as necessary;

(b) carry out any inquiries, examinations and tests;

(c) take any samples;

(d) have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations or the Community Regulation, or remove such records to enable them to be copied;

(e) have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;

(f) mark any animal, animal by-product or other thing for identification purposes; and

(g) take with him - 


(i) such other persons as he considers necessary; and

(ii) any representative of the European Commission acting for the purpose of the Community Regulation.

    (3) Any person who defaces, obliterates or removes any mark applied under paragraph (2) shall be guilty of an offence.

    (4) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.

Obstruction
     47.  - (1) Any person who - 

(a) intentionally obstructs any person acting in the execution of these Regulations;

(b) without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations;

(c) furnishes to any person acting in the execution of these Regulations any information which he knows to be false or misleading, or

(d) fails to produce a record when required to do so to any person acting in the execution of these Regulations;

shall be guilty of an offence.

    (2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question if to do so might incriminate him.

Penalties
     48.  - (1) A person guilty of an offence under these Regulation shall be liable - 

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.

    (2) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of - 

(a) any director, manager, secretary or other similar person of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

    (3) For the purposes of paragraph (2) above, "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Enforcement
     49.  - (1) These Regulations shall be enforced by the Secretary of State in relation to - 

(a) premises which are licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995[19];

(b) premises which are licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995[20];

(c) premises which are licensed under the Wild Game Meat (Hygiene and Inspection) Regulations 1995[21];

(d) combined premises as defined in the Meat Products (Hygiene) Regulations 1994[22]; and

(e) combined premises as defined in the Minced Meat and Meat Preparations (Hygiene) Regulations 1995[23].

    (2) Other than as specified in paragraph (1) these Regulations shall be enforced by the local authority.

    (3) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation shall be discharged by the Secretary of State and not by the local authority.

Transitional measures
     50.  - (1) Schedule 3 (transitional measures) shall have effect.

    (2) Part I of Schedule 3 (intra-species recycling of fish) shall cease to have effect on 1 January 2004.

    (3) Part II of Schedule 3 (collection, transportation and disposal of former foodstuffs) shall cease to have effect on 1 January 2006.

    (4) Part III of Schedule 3 (used cooking oil in animal feed) shall cease to have effect on 1 November 2004.

    (5) Part IV of Schedule 3 (disposal of mammalian blood) shall cease to have effect on 1 January 2005.

    (6) Part V of Schedule 3 (oleochemical plants using rendered fats from category 2 and 3 materials) shall cease to have effect on 1 November 2005.

    (7) Part VI of Schedule 3 (low capacity incinerators) shall cease to have effect on 1 January 2005.

Amendments and revocations
     51.  - (1) The TSE (England) Regulations 2002 are amended in accordance with Schedule 4.

    (2) In so far as they extend to England, the Animal By-Products Order 1999[24] and the Animal By-Products (Amendment) (England) Order 2001[25] are revoked.


Elliot Morley
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

4th June 2003

(a) stab inoculated into motility nitrate medium[27]; and

(b) inoculated into either lactose gelatin medium[28] or charcoal gelatin discs[29];

and incubated anaerobically at 37°C±1°C for 20 hours±2 hours.

Examination of subcultures
Motility
     10. The motility nitrate medium shall be examined for the type of growth along the stab line. If there is evidence of diffuse growth out into the medium away from the stab line, the bacteria shall be considered to be motile.

Reduction of nitrate to nitrite
     11. After examination of the motility nitrate medium, 0.2 ml to 0.5 ml of nitrite detection reagent shall be added to it. The formation of a red colour confirms that the bacteria have reduced nitrate to nitrite. Cultures that show a faint reaction (i.e. a pink colour) should be discounted. If no red colour is formed within 15 minutes, a small amount of zinc dust shall be added and the plate allowed to stand for 15 minutes. If a red colour is formed after the addition of zinc dust no reduction of nitrate to nitrite has taken place.

Production of gas and acid from lactose and liquefaction of gelatin
     12. The lactose gelatin medium shall be examined for the presence of small gas bubbles in the medium.

     13. The lactose gelatin medium shall be examined for colour. A yellow colour indicates fermentation of lactose.

     14. The lactose gelatin medium shall be chilled for one hour at 2 - 8°C and then checked to see if the gelatin has liquefied. If the medium has solidified it shall be re-incubated anaerobically for a further 18 - 24 hours, the medium chilled for a further one hour at 2 - 8°C and again checked to see if the gelatin has liquefied.

     15. The presence of Clostridium perfringens shall be determined on the basis of the results from paragraphs 10 to 14. Bacteria which produce black colonies on SF agar, are non-motile, reduce nitrate to nitrite, produce gas and acid from lactose and liquefy gelatin within 48 hours shall be considered to be Clostridium perfringens.

Control Tests
     16. Control tests shall be carried out each day that a test is initiated using - 

(a) Clostridium perfringens no more than seven days old at the time of use;

(b) Escherichia coli NCTC 10418[30] or equivalent not more than seven days old at the time of use; and

(c) processed animal protein or compost or digestion residue which is free of Clostridium perfringens.

     17. 10 gram portions of the rendered animal protein shall be placed aseptically in each of two sterile containers containing 90 ml Buffered Peptone Water (BPW)[31] and mixed thoroughly until the samples are evenly suspended.

     18. One colony of Clostridium perfringens shall be placed in 10 ml BPW and mixed to form an even suspension. 0.1 ml of the suspension shall be added to the suspension in the preceding paragraph. This shall be repeated for Escherichia coli.

     19. These are then treated and examined in the same way as test samples. If no typical colonies are formed then that day's testing shall be invalid and shall be repeated.

(a) on to a blood agar plate;

(b) on to a MacConkey agar plate[35]; and

(c) into biochemical media suitable for the identification of Salmonella.

These media shall be incubated at 37°C overnight.

     7. The reincubated RV both shall be plated out as described in paragraph 4.

Day 5
     8. The incubated composite media or equivalent shall be examined and the findings recorded, discarding cultures which are obviously not Salmonella. Slide serological tests shall be performed using Salmonella polyvalent " O" and polyvalent "H" (phase 1 and 2) agglutinating sera on selected suspect colonies collected from the blood agar or MacConkey plates. If reactions occur with one or both sera, the colonies shall be typed by slide serology and a subculture sent to a Regional Veterinary Laboratory of the Veterinary Laboratories Agency of the Department for Environment, Food and Rural Affairs for further typing.

     9. The plates referred to in paragraph 7 shall be examined and further action taken as in paragraph 6 and 8.

B. ELECTRICAL CONDUCTANCE METHOD
     1. Tests shall be begun on receipt of the sample or on the first working day which allows the following method to be completed. If the test is not begun on the day of receipt the sample shall be stored in a refrigerator until required. If the sample has been refrigerated it shall be stored at room temperature for at least four hours before the test is started.

Day 1
     2. Tests shall be carried out in duplicate using two 25 gram portions of each sample submitted for testing. Each 25 gram sample shall be placed aseptically in a sterile container containing 225 ml Buffered Peptone Water/Lysine/Glucose (BPW/L/G)[36] and incubated at 37°C for 18 hours.

Day 2
     3. The incubated BPW/L/G shall be added to Selenite Cystine Trimethylamine-N-Oxide Dulcitol (SC/T/D)[37] and Lysine Decarboxylase Glucose (LD/G)[38] media in electrical conductance cells or wells. For cells or wells containing more than 5 ml medium 0.2 ml of the BPW/L/G shall be added and for cells or wells containing 5 ml or less medium 0.1 ml of the BPW/L/G shall be added. Cells or wells shall be connected to appropriate electrical conductance measuring equipment set to monitor and record changes in electrical conductance at 6 minute intervals over a 24 hour period. The temperature of cells and wells shall be kept at 37°C.

Day 3
     4. At the end of the 24 hour period, the information recorded by the conductance measuring equipment shall be analysed and interpreted using criteria defined by the manufacturers of the equipment. Where a well or cell is provisionally identified as being positive for Salmonella, the result shall be confirmed by subculturing the contents of the well or cell on to two 90 millimetre plates of BGA or on to one 90 millimetre plate of BGA and one 90 millimetre plate of Xylose Lysine Deoxycholate Agar (XLD) using a 2.5 mm diameter loop. The plates shall be inoculated with a droplet taken from the edge of the surface of the fluid by drawing the loop over the whole of one plate in a zig zag pattern and continuing to the second plate without recharging the loop. The space between the loop streaks shall be 0.5 cm - 1.0 cm. The plates shall be incubated at 37°C overnight.

Day 4
     5. The plates shall be examined and a minimum of 3 colonies from each plate showing suspicion of Salmonella growth shall be subcultured - 

(a) on to a blood agar plate;

(b) on to a MacConkey agar plate; and

(c) into biochemical media suitable for the identification of Salmonella.

These media shall be incubated at 37°C overnight.

Day 5
     6. The incubated composite media or equivalent shall be examined and the findings recorded, discarding cultures which are obviously not Salmonella. Slide serological tests shall be performed using Salmonella polyvalent " O" and polyvalent "H" (phase 1 and 2) agglutinating sera on selected suspect colonies collected from the blood agar or MacConkey plates. If reactions occur with one or both sera, a subculture shall be sent to a Regional Veterinary Laboratory of the Veterinary Laboratories Agency of the Department for Environment, Food and Rural Affairs for further typing.

(a) any arithmetic mean is above 30[40]; or

(b) three or more arithmetic means are above 10;

in which case the following procedure shall be followed to establish whether or not the colonies are Enterobacteriaceae.

     6. After counting the colonies, characteristic colonies shall be taken at random from the agar plates, the number being at least the square root of the colonies counted. The colonies shall be subcultured onto a blood agar plate and incubated aerobically at 37°C±1°C for 20 hours±2 hours.

Examination of subcultures
     7. An oxidase test and a glucose fermentation test shall be performed on each of the five subcultured colonies. Colonies which are oxidase-negative and glucose fermentation-positive shall be considered to be Enterobacteriaceae .

     8. If not all of the colonies prove to be Enterobacteriaceae, the total count in paragraph 5 shall be reduced in proportion prior to establishing whether or not the sample should fail.

Controls
     9. Control tests shall be carried out each day that a test is initiated using - 

(a) Escherichia coli NCTC 10418 no more than seven days old at time of use; and

(b) processed animal protein or compost or digestive residue which is free of Enterobacteriaceae.

     10. A 10 gram portion of the rendered animal protein shall be placed aseptically in a sterile container containing 90 ml BPW and mixed thoroughly until the sample is evenly suspended.

     11. One colony of Escherichia coli shall be placed in 10 ml BPW and mixed to form an even suspension. 0.1 ml of the suspension shall be added to the suspension in the preceding paragraph.

     12. This is then treated and examined in the same way as test samples. If no typical colonies are formed then that day's testing shall be invalid and shall be repeated.

(a) originates exclusively in restaurants, catering facilities and kitchens, including central kitchens and household kitchens; and

(b) is intended for the production of animal feed.

Approvals
     3.  - (1) The Secretary of State shall approve - 

(a) collectors of used cooking oil if she is satisfied that the collector will comply with the requirements of this Part; and

(b) operators of premises on which used cooking oil is treated or mixed with other oils if she is satisfied that the premises and operation comply with the requirements of this Part.

    (2) The approval shall only be granted if the collector or operator was collecting, treating or blending used cooking oils on 1 November 2002.

     4. The approval shall specify - 

(a) the name of the operator and the address of the approved premises;

(b) in the case of treatment premises, the parts of the premises in which used cooking oil may be received and treated; and

(c) the expiry date, which shall be no later than 31 October 2004.

     5.  - (1) Approval shall be suspended immediately if the conditions under which it was granted are no longer fulfilled.

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

General obligations
     6.  - (1) Used cooking oil shall be collected, transported, stored, handled, treated, and used in accordance with this Part.

    (2) Any person who fails to comply with sub-paragraph (1) shall be guilty of an offence.

    (3) Any used cooking oil which does not comply with the provisions of this Part shall be disposed of as directed by notice by an inspector.

     7. Used cooking oil shall be - 

(a) collected by an approved collector;

(b) treated by an approved operator on approved treatment premises, and

(c) mixed with other oils by an approved operator on approved blending premises.

Collection and transportation of used cooking oil
     8.  - (1) Used cooking oil shall be collected and transported in lidded containers or leak proof vehicles and identified in such a way that the contents, even after mixing, are traceable to all the premises of origin.

    (2) Collectors shall take all necessary measures to ensure that the used cooking oil collected is free from contamination by harmful substances.

    (3) Reusable containers, and all reusable items of equipment or appliances that come into contact with used cooking oil, shall be cleaned, washed and disinfected after each use.

    (4) Vehicles or containers which carry any material which could contaminate the used cooking oil shall be thoroughly cleansed and disinfected before they are used to carry used cooking oil.

Approved premises and the operation of blending premises
     9. The operator of approved premises shall ensure that the premises comply with, and are operated in accordance with, the provisions of this Part.

     10.  - (1) Before mixing with other oil operators of blending premises shall ensure that each batch of used cooking oil is tested to ensure compliance with the standards in paragraph 16 of this Part. A batch shall be no greater than 30 tonnes.

    (2) Collectors and operators of approved premises shall ensure that used cooking oil that does not comply with the standards in paragraph 16 of this Part is not used for animal feed.

Approved premises
     11.  - (1) Approved premises shall be constructed in such a way that they are easy to clean and disinfect.

    (2) Unauthorised persons and animals shall not have access to the premises.

    (3) The premises shall have adequate facilities for cleaning and disinfecting the containers or receptacles in which used cooking oil is received and, where appropriate, the vehicles in which it is transported.

    (4) The premises shall have adequate lavatories and washing facilities for staff.

    (5) The premises shall have a covered space, clearly marked, to receive used cooking oil.

    (6) Where appropriate, the premises shall have a separate storage area for any used cooking oil that is not suitable for use in animal feed.

    (7) Tanks shall be sealed with vents located and screened in a manner that prevents entry by contaminants or pests.

    (8) Pipework shall be sealed when not in use.

Operators' own-checks
     12.  - (1) Operators of approved premises shall adopt all measures necessary to comply with the requirements of this Part.

    (2) They shall put in place, implement and maintain a procedure developed in accordance with the principles of the system of hazard analysis and critical control points (HACCP).

    (3) They shall in particular - 

(a) identify and control the critical control points in the premises,

(b) establish and implement methods for monitoring and checking such critical control points and keep records of such checks for at least two years, and

(c) ensure the traceability of each batch received and despatched.

     13.  - (1) The operator of approved blending premises shall carry out checks and take samples for the purposes of checking compliance with the standards in paragraph 16.

    (2) Where the results of a check or a test show that the used cooking oil does not comply with the provisions of this Part, the operator shall - 

(a) establish the causes of failures of compliance;

(b) ensure that the oil is not despatched for use in feedingstuffs;

(c) instigate appropriate decontamination and cleaning procedures; and

(d) where used cooking oil has already been despatched for use in feedingstuffs, or incorporated into feedingstuffs, take all necessary measures to ensure that feedingstuffs containing the oil are not fed to livestock.

     14.  - (1) The operator shall record the results of the checks and tests.

    (2) The operator shall keep a sample of each consignment of used cooking oil despatched from the premises and shall keep it for at least six months.

Hygiene requirements in approved premises
     15.  - (1) Containers, receptacles and, where appropriate, vehicles used for transporting used cooking oil shall be cleaned in a designated area.

    (2) Preventive measures against birds, rodents, insects or other vermin shall be taken systematically.

    (3) Used cooking oil intended for use in animal feed shall not be stored in the same area as used cooking oil which is not suitable for use in animal feed or products which may pose a risk to animal or human health.

    (4) Cleaning procedures shall be established and documented for all parts of the premises.

    (5) Hygiene control shall include regular inspections of the environment and equipment.

    (6) Inspection schedules and results shall be recorded.

    (7) Installations and equipment shall be kept in a good state of repair.

    (8) Measuring equipment shall be calibrated at least once a year.

    (9) Tanks and pipes shall be cleaned internally at least once a year or when there is build-up of water and physical contaminants.

    (10) Treated used cooking oil shall be handled and stored in such a way as to preclude contamination.

Specification for used cooking oil for use in animal feed
     16.  - (1) Used cooking oil shall meet the following minimum standards before use in animal feed.

    (2) Physical contamination:

(a) moisture and impurities: <3%

(b) impurities: <0.15 %.

    (3) Presence of mineral oil: absence.

    (4) Presence of oxidised fatty acids: >88% Elutable Fatty acid content.

    (5) Presence of pesticide residues:

(a) until 1 August 2003 complies with Council Directive 99/29/EC on the undesirable substances and products in animal nutrition[44];

(b) from 1 August 2003, complies with Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed[45].

    (6) Presence of PCBs: <100ppb for the 7 main congeners[46].

    (7) Presence of Salmonella: absence.

    (8) Presence of animal fat:

(a) Pentadecanoic acid (C15): <0.2%

(b) Cis-9-hexadecanoic acid (C16:1): <2%

(c) Heptadecanoic acid (C17): <0.4%

(d) Cis-9-heptadecanoic acid (C17:1): <0.3%

(e) Fatty acids with a chain length of 20 carbon atoms or more (C20+): < 5%

Commercial documents
     17.  - (1) Commercial documents may be in written or electronic form.

    (2) A written commercial document or a printout of an electronic document shall accompany the consignment of used cooking oil during transportation.

    (3) The producer, receiver and carrier shall each retain a copy of a written commercial document or, for electronic information, a printout of that information.

    (4) Commercial documents shall contain the following information - 

(a) the address of the premises from which the used cooking oil was taken;

(b) the date on which the used cooking oil was taken from the premises;

(c) the quality and description of the used cooking oil;

(d) the quantity of the used cooking oil;

(e) the name and the address of the carrier;

(f) the destination of the used cooking oil;

(g) a unique reference number that links the collector and the container or vehicle to the premises from which the used cooking oil was taken.

Records
     18.  - (1) Any person consigning, transporting or receiving used cooking oil shall keep a record containing the information specified in the commercial document.

    (2) For used cooking oil which is suitable for use in animal feed, the records shall in addition provide for full traceability of the oil from the premises of origin to its incorporation into animal feed.

    (3) For used cooking oil which is not suitable for use in animal feed, the person consigning the oil for disposal shall in addition keep a record showing the method and place of disposal and the date the oil was consigned for disposal.

List of premises
     19.  - (1) The Secretary of State shall maintain a list of the names and addresses of approved:

(a) collectors of used cooking oil;

(b) operators of treatment premises; and

(c) operators of blending premises.

    (2) Each collector and operator of approved premises shall be assigned an official identification number.

    (3) The Secretary of State shall make this list publicly available.

(a) animal by-products are handled and stored safely and incinerated or co-incinerated without undue delay in such a way that they are reduced to dry ash;

(b) the dry ash is disposed of properly and records are kept of the quantity and description of the animal by-products incinerated and the date of incineration;

(c) the dry ash is not removed from the combustion chamber unless combustion is complete; and

(d) transport and intermediate storage of the dry ash takes place in a closed container to prevent dispersal in the environment and is disposed of safely,

and failure to do so shall be an offence.

     5. In the case of a breakdown or malfunction, the operator must reduce or close down operations as soon as practicable until normal operations can be resumed, and failure to do so shall be an offence.

    " (7) In this regulation mammalian meat and bone meal does not include any compost or digestion residues resulting from the treatment of animal by-products in a composting or biogas plant in accordance with the Animal By-Products Regulations 2003.".

     4. After regulation 34 there shall be inserted - 

" Mixing specified risk material with other animal material
     34A. Any animal material that comes into contact with, or is mixed with, specified risk material shall be treated as specified risk material.".

     5. For regulation 40 there shall be substituted the following regulation - 

" Disposal of specified risk material
     40. Once specified risk material has been removed from the carcase and treated in accordance with this Part of these Regulations, including any material treated as if it were specified risk material in accordance with regulation 33(5) or 34(4) above, or, in the case of specified solid waste, recovered from the drainage system, the person responsible for its removal or recovery shall, without unreasonable delay - 


(a) consign it in accordance with the Animal By-Products Regulations 2003; or

(b) consign it to premises licensed under regulation 57.".

     6. For Schedule 5 (Application of Part IV of the Regulations to scheme animals) there shall be substituted the following Schedule - 


SCHEDULE 5 APPLICATION OF PART IV OF THE REGULATIONS TO SCHEME ANIMALS

PROVISION OF THE REGULATIONS	EXTENT TO WHICH THE PROVISION APPLIES TO SCHEME ANIMALS
Regulation 33(3)	Not applicable
Regulation 33(4)	Subject to the modification that from the point at which specified risk material derived from a scheme animal is removed from the slaughterhouse, it may come into contact with any other animal material from such an animal
Regulation 34	Not applicable
Regulation 39(3)(b)	Not applicable
Regulation 57	Not applicable

(a) Commission Regulation (EC) No. 808/2003 amending 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[51];

(b) Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures[52];

(c) 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[53];

(d) Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oil[54];

(e) Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood[55];

(f) 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[56];

(g) Commission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcases containing them[57];

Provision in England for the administration and enforcement of measures in the Community Regulation in relation to export and trade between member States is intended to be made by a separate instrument.

The Regulations provide as follows.

It is an offence to collect, transport, dispose, store, process or use, category 1, category 2 or category 3 material other than in accordance with the Community Regulation (regulations 4, 5 and 6).

It is a specific offence to collect, transport, identify or store animal by-products other than in accordance with the Community Regulation (regulation 8).

Feeding unprocessed animal by-products to farmed animals is prohibited and access by such animals to animal by-products is controlled (regulation 9).

Regulation 10 enforces the restrictions on use of animal by-products in Article 22 of the Community Regulation. This includes intra-species re-cycling, feeding catering waste to farm animals and the application of organic fertilisers on to pasture land. Regulation 11 defines pasture land. Regulation 12 permits the intra-species re-cycling of fish after 1 January 2004. Until then it is permitted by a transitional measure in Part VI of Schedule 4.

Regulations 13 to 16 provide for the approval of premises for the different types of treatment of animal by-products. Regulation 16 provides that composting on premises where the composted material originated do not need approval if the conditions of that regulation are complied with.

Regulations 17 to 21 provide for checks at plants, sampling and approved laboratories.

Regulations 22 to 24 regulate the placing on the market of various processed animal by-products.

Regulations 25 to 27 provide derogations relating to the use of animal by-products for taxidermy and feeding certain specified animals. Regulation 28 permits the burial of pet animals.

Regulation 29 permits burial and burning in remote areas, which are defined as Lundy and the Isles of Scilly. Regulations 30 and 31 provide for burial or burning in the event of a disease outbreak and for burning and burial of bees and apiculture products.

Regulations 32 to 39 provide for record keeping.

Regulations 40 to 42 provide for applications for approvals, the suspension or revocation of approvals and an appeal against a notice to amend, suspend or revoke an approval.

Under Regulations 43 to 45 an inspector can serve a notice requiring the disposal of animal by-product or catering waste and requiring cleansing and disinfection of any vehicle, container or premises. Any notice served under these Regulations shall be complied with at the expense of the person on whom the notice is served.

Regulations 46 and 47 provide powers of entry and an offence of obstructing an inspector.

Schedule 1 makes provision for biogas and composting plants, and Schedule 2 provides for testing methods.

Schedule 3 contains transitional provisions relating to intra-species re-cycling of fish, disposal of former foodstuffs, used cooking oils in animal feed, disposal of mammalian blood, oleochemical plants and low capacity incinerators.

Breach of the Regulations is an offence punishable on summary conviction to a fine up to the statutory maximum or six months imprisonment. On indictment the penalty is an unlimited fine or two years imprisonment (regulation 48).

The Regulations are enforced by the local authority except in specified premises (regulation 49).

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from BSE Division of the Department for Environment, Food and Rural Affairs, 1A Page Street, London, SW1P 4PQ.

[2] 1972 c.68.back

[3] OJ No. L273, 10.10.2002, p.1.back

[4] OJ No. L117, 13.5.2003, p. 1.back

[5] OJ No. L117, 13.5.2003, p. 14.back

[6] OJ No. L117, 13.5.2003, p. 22.back

[7] OJ No. L117, 13.5.