Animal by-products: Disposal of fallen stock - Questions & answers
Please note this guide applies to England only.
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Q1. Why was on-farm burial banned?
Q2. Are there any exceptions to the ban on on-farm burial or burning?
Q3. Can the burial of pet animals continue?
Q4. Are the carcasses of wild animals included within the scope of the new rules concerning burial or open-burning of animal carcasses?
Q5. Who is responsible for the disposal of fallen stock?
Q6. Will the Government provide storage containers for fallen stock or will farmers need to provide them?
Q7. How can farmers find out about disposal services in their local area?
Q8. Does the Government have a statutory obligation to pay for the collection and disposal of fallen stock for the purpose of TSE testing?
Q9. Who enforces the legislation on the disposal of animal by-products, including fallen stock?
Q10. How are the EU rules enforced?
Q11. What about fly-tipping?
Q12. Will the Animal By-Products Regulation mean greater restrictions on carcass incinerators?
Incinerators and other means of disposal
Q13. Could a group of farmers purchase an on-farm incinerator
and use this to dispose of their fallen stock?
Q14. Could a mobile incinerator be used to dispose of
fallen stock?
Q15. Are there any grants available to assist farmers
in the purchasing of on-farm incinerators?
Q16. Can ash from on-farm incinerators be spread to
land?
Q17. Are composting and bio-digestion permitted disposal
routes?
Q18. What about the feeding of fallen stock to necrophagous
birds, such as red kites?
Q19. Can afterbirth and/or stillborn animals be buried?
Hunt Kennels
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Q20. Are hunt kennels be permitted to collect fallen
stock under the Animal By-Products Regulation?
Q21. Does the Scheme need hunt kennels?
Q22. What could the effect of the ban on hunting with hounds be?
Q1. Why was on-farm burial banned?
A. Scientific evidence shows that the degradation process essential to ensure reduction of BSE/TSE infectivity cannot be guaranteed by burial. Even after burial scrapie infected material can persist in the soil for years and present a source of infection. Improper burial can also cause pollution problems and act as a vector for the transmission of disease to man, animals, birds, & insects.
Q2. Are there any exceptions to the ban on on-farm burial or burning?
A. The only exceptions from the ban, in the UK, are for remote areas (parts of the Highlands and Islands of Scotland, the Scilly Isles and Lundy Island in England, and Bardsey Island and Caldy Island in Wales) and during outbreaks of notifiable disease if there was a lack of capacity at rendering plants and incinerators, or if transport of the carcases would spread disease.
Q3. Can the burial of pet animals continue?
A. Yes. The EU Animal By-Products Regulation (ABPR) allows Member States to apply various derogations regarding the disposal of animal by-products (ABPs) and, amongst others, the Government has applied the derogation to permit the burial of dead pet animals.
The definition of a pet animal given within the EU ABPR is 'any animal belonging to species normally nourished and kept, but not consumed, by humans for purposes other than farming'. Therefore the normal farm species such as sheep, cattle, pigs, goats and poultry etc. would fall out with this definition and would require disposal by an approved route other than burial.
NB: Under a strict interpretation of the Regulation there is a case for arguing that no horse should be considered a pet. This is because in the EU as a whole the horse has a rather different status than it enjoys in the UK, i.e. it may be kept for human consumption. The same is not true for cattle, sheep and pigs which throughout the EU may on occasion nominally be kept as pets but do not belong to 'a species normally nourished and kept but not consumed by humans…'.
However, the different status of the horse in the UK provides us with an opportunity to take a more flexible approach to interpreting the regulations where horses are kept as pets, and we have asked enforcement authorities (local authorities) to do this where possible.
Where local authorities decide to advise horse owners that a particular
animal may be considered a pet and buried then they will want to give
appropriate guidance. Location of the burial site, possibility of livestock
access and potential for leaching into watercourses should be taken into
account. Useful advice 
(110 KB) which was provided under the previous Animal By-Products Order
1999 when burial was permitted under defined circumstances remains on
the Defra website.
- Please note this applies only to England - If you live in Wales, Scotland or Northern Ireland please contact your respective national agricultural departments for advice.
Q4. Are the carcasses of wild animals included within the scope of the new rules concerning burial or open-burning of animal carcasses?
A. No. The carcasses, or parts of carcasses, of wild animals are exempt from the scope of the EU ABPR unless they are thought to be diseased or are used to produce game trophies in which case there is a responsibility on the landowner to ensure the carcasses are disposed of in accordance with the regulation. Although the Regulation places them under no legal obligation, owners of property on which there are dead wild animals are advised to contact their local authority for advice on appropriate disposal methods.
However, in some parts of the country, (these are the counties of Cornwall, Devon, Dorset, Gloucestershire, Herefordshire, Worcestershire and Shropshire), badger carcasses may be collected for examination for TB as part of a limited Road Traffic Accident (RTA) survey of badger carcasses. Road accident badger carcasses in Cornwall, Devon or Dorset should be reported to Defra on freephone 0800 389 7395 and those in Gloucester, Herefordshire, Worcestershire and Shropshire reported on freephone 0800 389 7423.
NB: Whether or not an animal is a wild animal is a question of fact. In most cases it will be obvious (for example, wild birds that have never been owned or controlled are wild animals). However, where there is doubt, some of the considerations to take into account in deciding whether or not something is a wild animal are;
- has the animal ever been fed by man?
- has it ever been managed by man, or received veterinary attention from man?
- has man ever established artificial boundaries that it cannot ordinarily pass?
However, even if some or all of these questions are answered in the affirmative, it is still possible that the animal is, or may have subsequently become a wild animal. This will be a question of fact in each case.
Q5. Who is responsible for the disposal of fallen stock?
A. We take the view that all industries are responsible for disposing of their own waste and farming is no exception. The livestock industry has a great deal to gain from maintaining public confidence in its ability to dispose of its waste in a safe and sustainable manner.
Q6. Will the Government provide storage containers for fallen stock or will farmers need to provide them?
A. No, the Government will not supply storage containers. Some farmers may wish to provide their own storage containers, which must remain on the farm pending collection. Any such container must prevent animals/birds gaining access to the carcass and must be leak-proof, capable of cleansing and disinfecting and maintained in a clean condition.
Q7. How can farmers find out about disposal services in their local area?
A. Information on the disposal of animal carcasses is available on the Animal By-Products section of the Defra website and from local Defra Animal Health Divisional Offices.
Q8. Does the Government have a statutory obligation to pay for the collection and disposal of fallen stock for the purpose of TSE testing?
A. Although the testing of all fallen cattle aged over 24 months for BSE is required by the EU TSE Regulation, the EU ABPR does not require Member States to pay for the collection or disposal of these carcasses. The decision was taken by Defra to provide Exchequer funding to ensure that all required carcasses would be tested.
Q9. Who enforces the legislation on the disposal of animal by-products, including fallen stock?
A. Local authorities, usually Trading Standards, who previously enforced the Animal By-Products Order 1999, are the enforcement authority for the EU Animal By-Products Regulation.
Q10. How are the EU rules enforced?
A. It is important that carcass movements are fully traceable. The EU ABPR requires the keeping of records of any carcasses that are sent off-farm for disposal elsewhere. We have consulted on requirements for record keeping which will ensure that all animals which die on-farm are accounted for and disposed of through authorised routes and for the disposal of animal by-products on-farm, such as via an approved on-farm incinerator.
Although the Government expects farmers to make every effort they can to comply with the Regulation, it will take a pragmatic approach particularly in winter and poor weather conditions in upland areas and has advised enforcement agencies accordingly.
Q11. What about fly-tipping?
A. Where a carcass is dumped on private land, wherever possible the owner of the animal will be identified and held responsible. However, if ownership cannot be proven, responsibility for disposal rests with the landowner. The local authority, usually Environmental Health, has powers under the statutory nuisance provisions of the Environmental Protection Act 1990 to deal with 'accumulations or deposits which are prejudicial to health or a nuisance'. Appropriate action can subsequently be taken against the owner of the carcass. Where a carcass is dumped elsewhere, including on public land or highways, and ownership of the carcass cannot be ascertained, responsibility for disposal rests with the local authority.
Incinerators and other means of disposal
Q12. Will the Animal By-Products Regulation mean greater restrictions on carcass incinerators?
A. Yes. The situation regarding the use of incinerators to dispose of fallen stock is complicated. Guidance is available on the Defra website and from local Defra Animal Health Divisional Offices.
Q13. Could a group of farmers purchase an on-farm incinerator and use this to dispose of their fallen stock?
A. In theory, there would be nothing to prevent a co-operative of farmers from purchasing an incinerator and using this to dispose of their fallen stock provided all of the relevant controls and requirements are met. We do not want fallen stock from other farms being bought onto a livestock farm. We would, therefore, expect incinerators to be on a site away from livestock holdings and suitable biosecurity measures to be taken.
Q14. Could a mobile incinerator be used to dispose of fallen stock?
A. In theory, there would be nothing to prevent a mobile incinerator being used to dispose of fallen stock provided all of the relevant controls and requirements are met. Indeed, some operators have asked about the possibility of using mobile incinerators, perhaps shared between a number of farms. The use of mobile incinerators has potential benefits e.g. in disposing of anthrax cases and other material without moving them from the farm of origin. However, they also have the potential to introduce disease from one livestock holding onto other holdings. If mobile incinerators were to be used, we would therefore wish to see them subject to stringent biosecurity measures (in line with those applied to vehicles which travel between farms) and to be operated by a dedicated operator. When used on a livestock farm, we would require the incinerator to be sited and operated in line with the standards outlined below in relation to paragraphs 2 and 7 of Annex IV of the ABPR, which require that;
a). The operator of an incineration or co-incineration plant must take all necessary precautions concerning the reception of animal by-products to prevent, or limit as far as practicable, direct risks to human or animal health;
b). Incineration or co-incineration plant sites, including associated storage areas for animal by-products, must be designed in such a way as to prevent unauthorised and accidental release of any polluting substances into soil, surface water and groundwater in accordance with the provisions in the relevant Community legislation. Moreover, storage capacity must be provided for contaminated rainwater run-off from the incineration plant site or for contaminated water arising from spillage or fire-fighting operations.
Q15. Are there any grants available to assist farmers in the purchasing of on-farm incinerators?
A. Grants may be available to assist in the purchasing of on-farm incinerators. Farmers are advised to contact the Small Business Service (SBS), a national business advice service that provides information to people looking to set-up/develop business opportunities. Part of their role is to supply information on what grants are available and how to apply etc.
Q16. Can ash from on-farm incinerators be spread to land?
A. The EU ABPR and the enforcing Regulations require that ash from incinerators which burn whole ruminant carcasses, or other specified risk material (SRM), must be disposed of as waste to a licensed landfill site in line with our existing controls, which reflect Spongiform Encephalopathy Advisory Committee (SEAC) advice.
Since the introduction of the Waste Management (Miscellaneous Provisions) (England and Wales) Regulations 2007, which came into force May 2007, the land treatment of ash from on-farm incineration of pig and poultry carcasses can be carried out, provided an exemption from the waste permitting requirements has been registered, free of charge, with the Environment Agency. There are general conditions attached to the exemption which need to be complied with. Further information can be obtained from the environment Agency.
Q17. Are composting and bio-digestion permitted disposal routes?
A. No. The composting or bio-digestion of fallen stock is illegal. The EU rules do not change this position.
Q18. What about the feeding of fallen stock to necrophagous birds, such as red kites?
A. The EU ABPR permits Member States to authorise the feeding of animal by-products which do not contain SRM to birds of prey. The UK exercises this derogation. A derogation to permit the feeding of fallen stock to necrophagous birds is available to Spain, Italy, Greece, Portugal and France as part of approved conservation measures for vultures. This derogation is not available in the UK. We understand that the RSPB is content with the existing arrangement of the feeding of Category 2 and 3 material (i.e. butchers' waste) to wild necrophagous birds and that a derogation to permit the use of ruminant fallen stock as feed material is not, therefore, necessary.
Q19. Can afterbirth and/or stillborn animals be buried?
A. No. The EU ABPR does not permit the routine on-farm burial and burning of animal by-products including afterbirth and stillborn animals etc. However, we would envisage that the derogation permitting the burial of pet animals (see Q3) would also apply to afterbirth material and stillborn animals from a pet animal.Hunt Kennels
Q20. Are hunt kennels be permitted to collect fallen stock under the Animal By-Products Regulation?
A. Yes. The Regulation permits hunt kennels to continue collecting fallen stock. However, they are required to be approved under the regulation to meet knackers' yard standards if they wish to collect fallen stock for the purposes of feeding to hounds.
Q21. Does the Scheme need hunt kennels?
A. No, the Scheme is not dependent on hunt kennels to provide coverage. Some 18 hunts are registered with the Scheme, through which they, like other contractors, can benefit from the increased business opportunities it generates.Q22. What could the effect of the ban on hunting with hounds be?
A. The ban on hunting with hounds may have implications in the longer term for the disposal and humane slaughter of fallen stock in some areas but by no means all. Those farmers who currently use the fallen stock service provided by hunts could be faced with additional costs if the hunts ceased to provide a fallen stock service and they have to use knackers yards or other off-farm disposal routes instead. However, there is a demand for this service. Most hunts already make a charge and there is no reason why such a service should not continue as a business opportunity.
Page last modified:
9 June, 2008