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Animal by-products: Legislation and enforcement

Legislation

On 10 June 2008 the European Commission issued a proposal to replace the Animal By-Products Regulation 1774/2002/EC, which lays down health rules as regards animal by-products not intended for human consumption. The proposal is subject to agreement by the European Council and Parliament.

In bringing forward the proposal the Commission has stated that its intentions are:

  • to bring the legislation into line with better regulation practice;
  • to clarify the scope of the Regulation in certain areas;
  • to review both the classification of risk of certain ABP’s and the level of controls necessary for their use and disposal;
  • to cut out some duplication of requirements for approval of premises which are covered by other sectoral legislation.

The Commission is also proposing some limited expansion to certain derogations on the use and disposal of ABP’s already provided for under the current legislation.

On 13 November 2008 Defra issued a formal consultation and partial impact assessment on the Commission’s proposals. This consultation is accessible online here. This consultation applies to England only. Parallel consultations are being undertaken in Wales, Scotland & Northern Ireland. All responses are to be received no later than 6 February 2009.

A copy of the proposal is available on the EU website PDF logo (238 KB).

The Animal By-Products Regulation (EC) No. 1774/2002 PDF logo (3 MB - Please note this is a large file) controls the collection, transport, storage, handling, processing and use or disposal of animal by-products in EU member states.

Amending regulations can be found on the EUR-Lex website by searching for Regulation (EC) No. 1774/2002:

The Animal By-Products Regulations 2005 (SI 2347/2005) provide for the application of the EU Regulation in England. Similar legislation applies in Scotland and Wales. The England Regulations were amended with effect from 2 May 2009 by the Animal By-Products (Amendment) Regulations 2009 (SI 2009/1119).

Enforcement

Local Authorities (usually trading standards) are responsible for enforcement of animal by-products legislation in England, except in licensed slaughterhouses, cutting plants and cold stores.

The Meat Hygiene Service (MHS) are responsible for enforcement of animal by-products legislation in licensed slaughterhouses, cutting plants and cold stores, on behalf of Defra.

The Secretary of State, through Animal Health, also has the powers to enforce where necessary. Animal Health are also responsible for inspection and approval of animal by-products premises on behalf of Defra.

Page last modified: 6 May 2009

Department for Environment, Food and Rural Affairs