EU Animal By-Products Regulations (ABPR) 1069/2009/EC and 142/2011/EC Background and Objectives Scope of ABPR Categories of ABP Restrictions on feeding ABPs Use and disposal of ABPs –detailed rules Derogations

Background Original ABPR (1774/2002/EC) came into effect in Aim to ensure animal by-products that are not fit, or intended for, human consumption are used or disposed of safely. Negotiated in against background of: - high BSE incidence - Foot and Mouth Disease outbreak in UK - dioxin contamination incidents

Objectives for revised ABPR /2009/EC Operation of 1774/2002/EC reviewed in Identified three areas for change : the scope of the Regulation (including the point at which the controls should cease to apply) how to deal with very low risk products which are used for low risk purposes and the relationship with other legislation (e.g. food hygiene and waste legislation). In addition it looked at scope for further derogations where controls should not apply

Key areas of change in revised ABPR Split the controls into two regulations. Framework controls in 1069/2009 and detailed rules in 142/2011 Introduction of “starting” and “end point” in ABPR Reduction/removal of controls on low risk products derived from ABPs (particularly where other legislation covers the same ground) Registration for certain activities and low risk ABP plants instead of more onerous approval Clarification of when waste legislation does not apply to ABPs New derogations available

Scope of Regulation (EC) 1069/2009 Animal by-products (ABPs) = animal carcases, parts of animal carcases and products of animal origin which are not intended for human consumption Derived products = products obtained from one or more treatments, transformation or steps of processing ABPs

Scope of Regulation (EC) 1069/2009: In scope Fallen Stock = animals which die on farm Slaughterhouse waste = parts of animals not intended for human consumption including specified risk material (SRM) Other products of animal origin = e.g. fish, milk, manure, hides, hooves, feathers, wool, Former foodstuffs = waste food from food manufacturing premises and shops

Scope of Regulation (EC) 1069/2009: Limited scope Pets – within scope but derogation allowing burial Wild animals – only within scope if suspected of having a communicable disease Wild game - not in scope provided collected in accordance with “good hunting practice” but environmental rules may still apply ABPs arising from wild game in approved game handling establishments (853/2004) are in scope Catering waste out of scope unless of international origin, destined for processing, compost or biogas or animal feed chain

Scope of Regulation (EC) 1069/2009: out of scope Raw petfood –out of scope if used or sold on premises of origin Shells from shellfish with soft tissue removed Milk used on farm of origin Ova, semen and embryos destined for breeding purposes

Scope of waste legislation and ABPs ABPs exempted from Waste Framework Directive 2008/98/EC controls, except if destined for incineration, landfilling or use in a biogas or composting plant Except for animal carcases, for incineration and co- incineration of ABPs this means Waste Incineration Directive 2000/76/EC controls apply New provision for combustion of ABPs as fuel where the operator can demonstrate that it is not waste However, rules yet to be laid down in 142/2011

Categorisation of risk under the ABPR Articles 7-14 Category 1 - very high risk Category 2 - high risk Category 3 - low risk

Category 1 material (Article 8) Animals suspected/officially confirmed of being infected by a TSE, including animals killed in the context of TSE eradication measures Specified Risk Material -SRM (including dead ruminant animals containing it) material collected when treating waste water from cat.1 processing plants and premises where SRM are removed pets, zoo, circus and experimental animals

Category 1 material (continued) products derived from animals to which have been administrated illegal substances catering waste from international means of transport Wild animals suspected of being infected with a disease communicable to humans or animals e.g. wild birds suspected of being infected with avian flu Mixtures of cat 1, 2 and 3 ABP materials are all category 1

Category 1 material (Co)incineration Dir 2000/76 or Combustion as fuel* (Co)incineration Dir 2000/76 or Combustion as fuel* Landfill Dir.1999/31 Category 1 processing plant 133° CATEGORY 1 *Rules yet to be laid down Manufacture of derived products

Category 2 material(Article 9) Manure and digestive tract content from mammalian animals Animal material collected when treating waste water from cat.2 and 3 processing plants and slaughterhouses Products containing residues of veterinary drugs and contaminants Imported products of animal origin (other than cat 1) or movements of ABPs between MSs which do not meet EU rules Fallen stock, (inc foetuses, genetic material, dead in shell poultry) Farmed fish with clinical signs of communicable diseases All other ABPs other than Category 1 or Category 3 material

Category 2 material ~(Co)incineration Dir. 2000/76 Combustion as fuel * Landfill Dir. 1999/31 Category 2 processing plant Bio-gas Composting Fertilisers 133° Manure Fish ensilage* Spread on land CATEGORY 2 * Rules yet to be laid down Manufacture Derived products

Category 3 material (Article10) All parts of slaughtered animals fit for human consumption (ante and post mortem inspections). carcases which passed ante mortem only but not showing clinical signs of any disease communicable to man or animals heads of poultry, hides and skins, feathers, pig bristles from animals passing ante-mortem inspection raw milk, placenta, wool etc originating from healthy live animals former foodstuffs rejected for commercial reasons or due to defects which do not present health risks catering waste, including used cooking oils fish and other seas animals not showing sign of disease hides and skins, hooves, horns, feathers, wool, hair and fur from fallen stock which did not shows signs of disease

Categorisation of category 3 blood For use in blood products: Blood from carcases passing ante and post mortem inspection Blood from carcases passing ante mortem inspection only but no signs of communicable disease in carcase For use as bloodmeal only: Non-ruminant blood and blood from ruminants with negative TSE test passing AM not showing signs of disease communicable through blood Blood from healthy live animals

** Not decomposed or spoiled cat 3 Category 3 material Derived products Feed material** Petfood Plant Petfood** CATEGORY 3 *Rules yet to be laid down Cat. 3 processing plant (Co)incineration/ Combustion as fuel* Landfill Dir. 1999/31 Bio-gas Composting (Co)incineration/ Combustion as fuel* Fertilisers** Direct to land Fish ensilage*

Restrictions on feeding ABPs (Article 11) Ban on use of ABPs for feeding: livestock (not fur animals or fish) with processed animal protein(PAP) of same species* livestock(not fur animals) with catering waste livestock on grazing land to which organic fertilisers have been applied unless 21 days have elapsed farmed fish with PAP from farmed fish of same species *Note TSE regulations ban feeding of any PAP to livestock(under review)

Detailed Rules –regulation 142/2011 End points for different types of ABP Detailed rules for incineration, rendering, compost, petfood plants etc Authorisation of alternative methods Derogations for uses of ABPs Special rules on feeding Rules on collection and transport including identification, labelling, record keeping Placing on market of organic fertilisers and soil improvers Official controls Rules on import and export including health certification

Derogations Derogations available in article of 1069/2009 with detailed rules in 142/2011. Key ones include: Use of ABPs for research exhibition, artistic activities etc. Reduced controls but must be used/disposed of safely Special rules for feeding of certain ABPs to zoo animals, fur animals, birds of prey, dogs in kennels, maggots and worms for fishing bait burial of pets and horses permitted Burning /burial in remote areas Burning/burial of small quantities of former foodstuffs Burning/burial where disease outbreaks if not safe to transport for disposal Burning /burial of apiculture products