Animal by-products: Former foodstuffs - Questions and answers
- Q1. When does material become an animal by-product?
- Q2. How should animal by-products be disposed of?
- Q3. How does the Regulation affect the disposal of former foodstuffs?
- Q4. How can former foodstuffs be disposed of from 1 January 2006?
- Q5. Can you cook raw meat or raw fish to change its status to a cooked product?
- Q6. Why only negotiate a transitional measure for former foodstuffs and not for raw meat and raw fish?
- Q7. Can livestock be fed waste foods not containing meat and fish which comes from premises where meat and fish are handled?
- Q8. Can milk, milk based products, bakery products, pasta, chocolate, sweet and similar products be fed to livestock?
- Q9. Can waste petfood be disposed of to landfill?
- Q10. Can packaged former foodstuffs of animal origin continue to go to landfill?
- Q11. Do retailers have to remove packaging of raw meat and raw fish before it is collected for disposal?
- Q12. Can blood contaminated packaging continue to go to landfill?
- Q13. Who is responsible for the enforcement of the Animal
By-Products Regulations?
Q1. When does material become an animal by-product?
Raw meat, raw fish and other material of animal origin become animal by-products (ABPs) when the material is no longer intended for human consumption. Thus the material becomes animal by-product at the point that it is decided that it is not to be eaten by humans (even if it is still fit for human consumption). An indication of that intent in a food store could be when produce is removed from sale when it is on, or beyond, its 'sell-by' date . Or it could be when it is withdrawn from sale due to damage, soiling, contamination, or another reason.
Q2. How should animal by-products be disposed of?
The Regulation prohibits the disposal of most animal by-products to landfill and requires ABPs to be disposed of by treatment in an approved rendering, incinerator, biogas or, composting plant. (Some material may also go to approved petfood or technical plants depending on its suitability).
Q3. How does the Regulation affect the disposal of former foodstuffs?
Under Regulation 832/2007 
Member States are able to decide which former foodstuffs can be disposed of to landfill without posing a risk to public and animal health. Former foodstuffs which are permitted to be sent to landfill in the UK are those that have undergone a heat treatment resulting in a physical change. Annex C on the main 'former foodstuffs' page lists meat products which are insufficiently cooked, and need further processing at an approved plant before going to landfill
From 1 January 2006 to 31 July 2007 these new set of rules allow member
states to permit the use of landfill for certain former foodstuffs of
animal origin, where there is no risk to public and animal health. This
new regulation does not apply to raw meat and raw fish, which must be
disposed of in accordance with the Animal by-Products Regulation (ABPR).
The EU Commission is seeking the view of the European Food Safety Authority
on possible risks involved before proposing that the measure should be
made permanent.
Q4. How can former foodstuffs be disposed of from 1 January 2006?
From 1 January 2006 not all former foodstuffs of animal origin will be permitted to go to landfill for disposal. The Commission's Regulation on former foodstuffs will effectively divide former foodstuffs into three categories:
- former foodstuffs that were previously permitted to go to landfill, but which member States consider to pose a risk to public and animal health if they are disposed of to landfill. These will continue to be covered by the ABPR and have to be disposed of in the same way as raw meat and raw fish;
- former foodstuffs which the member State considers can be safely disposed of to landfill; and
- former foodstuffs which the member State considers can be safely disposed of to landfill or by other means, and which can also safely be fed to animals.
Further details on these categories can be found in the guidance
notes
(68 KB).
Q5. Can you cook raw meat or raw fish to change its status to a cooked product?
No. Cooking raw meat and raw fish is not a permitted route under the Regulations. It must be treated or disposed of in accordance with the ABPR.
Q6. Why only negotiate a transitional measure for former foodstuffs and not for raw meat and raw fish?
It was already the case that animal by-products were prohibited from burial (including landfill) under previous legislation and therefore raw meat and raw fish should already have been disposed of to approved routes such as rendering and incineration.
Q7. Can livestock be fed waste foods not containing meat and fish which comes from premises where meat and fish are handled?
The Regulations prohibit the feeding of meat, fish and most other products
of animal origin to ruminants, pigs or poultry. They also make it an offence
to allow them to have access to such material. They also prohibit any
catering waste being fed, whether processed or not. This also includes
catering waste from vegetarian restaurants and kitchens.
If material such as vegetables, pastry, crisps or sweets is to be fed
to livestock, it should originate from premises where no meat or most
other products of animal origin are handled and may not come from any
kitchen or restaurant. However, there are some circumstances where, providing
premises e.g. bakers, supermarkets, crisps manufacturers, confectioners
(but not from kitchens and restaurants) are able to demonstrate that they
have Hazard Analysis and Critical Control Points (HACCP) procedures in
place to ensure that there is no possibility of the material intended
to be fed to livestock being contaminated by meat or most other products
of animal origin, it may be acceptable for the material to originate on
the same premises (but not from vegetarian catering facilities). In such
cases, operators are advised to ensure that their local authority is content
that their separation procedures are adequate.
Q8. Can milk, milk based products, bakery products, pasta, chocolate, sweet and similar products be fed to livestock?
Milk and milk based products and biscuits, bakery waste, pasta, chocolate, sweet and similar products contain ingredients, such as rennet or melted fat, milk or eggs, which have been incorporated in those products but which are not the main ingredient can be fed to livestock. Adequate measures must be in place to ensure against cross contamination by meat and other products of animal origin.
Q9. Can waste petfood be disposed of to landfill?
Although the disposal of waste petfood is not covered under Regulation (EC) No. 832/2007 (Former Foodstuffs), local enforcement authorities have been advised that waste petfood (i.e. canned or packed) which has been processed or treated to appropriate standards in an approved ABPR premises may be disposed of to landfill in accordance with the EU Landfill Directive 1999/31/EC i.e. in line with other category 3 material in article 6 (2) (b) of Regulation 1774/2002. Disposal of raw petfood to landfill is not permitted (except when it comes from domestic premises). Appropriate disposal methods for raw unwanted petfood would be processing in an approved incineration, rendering, compost or biogas plants.
NB. Please note this amends previous advice which indicated that landfilling of processed waste petfood was not permitted. However, this advice has been modified to provide a consistent approach with rules on disposal of certain processed former foodstuffs under regulation 197/2006 which are permitted to be disposed of to landfill.
Q10. Can packaged former foodstuffs of animal origin continue to go to landfill?
Packaging of former foodstuffs of animal origin that are permitted to go to landfill need not be removed prior to sending it to landfill. If a particular former foodstuffs is not permitted to landfill the packaging would need to be separated before the packaging would be permitted to landfill: the contents (of the packaging) will have to be disposed of in accordance with the Regulation. However, many waste processing companies such as renderers and incinerators can take, and deal with, packaging.
Q11. Do retailers have to remove packaging of raw meat and raw fish before it is collected for disposal?
This should be discussed with the waste management company. Many waste management companies will collect packaged material. If properly separated, the packaging can be disposed of to landfill. The animal by-product must be disposed using one of the methods approved by the Regulations (i.e. at approved rendering, incineration, composting or biogas plants, to approved methods).
Q12. Can blood contaminated packaging continue to go to landfill?
Reasonable care should be taken to fully empty packaging before it is sent to landfill. Poorly emptied packaging that still contains ABPs should not be permitted to landfill and should be sent to incineration.
Q13. Who is responsible for the enforcement of the Animal By-Products Regulations?
- The local authorities (Trading Standards) are responsible for the enforcement of the ABPR.
- The Environment Agency will continue to be responsible for licensing under Waste Management Licensing Regulation.
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Page last modified:
10 June, 2008