# The Animal By-Products (Enforcement) (Scotland) Regulations 2013

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S

Scottish Statutory Instruments

# 2013 No. 307

Animals

Animal Health

# The Animal By-Products (Enforcement) (Scotland) Regulations 2013

Made

30th October 2013

Laid before the Scottish Parliament

1st November 2013

Coming into force

1st December 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph                           1A of Schedule 2 to, the European Communities Act 1972 F1 and all other powers enabling them to do so.                        

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears                           to the Scottish Ministers that it is necessary for the references to Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products                           not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive F2 to be construed as references to that instrument as amended from time to time.                        

F11972 c.68 (“the 1972 Act”). Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”), section 27(4)). Section 2(2) was also amended by the 2006 Act, section 27(1)(a) and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1. Paragraph 1A of Schedule 2 was inserted by the 2006 Act, section 28 and was amended by the 2008 Act,                              Schedule, Part 1. The functions conferred upon the Minister of the Crown under the 1972 Act, section 2(2), insofar as within                              devolved competence, were transferred to the Scottish Ministers by virtue of the 1998 Act, section 53.

F2OJ L 54, 26.02.2011, p.1, as last amended by Commission Regulation (EU) No 717/2013 (OJ L 201, 26.7.2013, p.31).

## **PART 1**SIntroduction

### Citation, commencement and extentS

1.—(1) These Regulations may be cited as the Animal By-Products (Enforcement) (Scotland) Regulations 2013 and come into force on                     1st December 2013.                  

(2) Subject to paragraph (3), these Regulations extend to Scotland only.

(3) Insofar as regulation 11(6) extends beyond Scotland, it does so only as a matter of Scots law.

### InterpretationS

2.—(1) In these Regulations—                  

“animal by-product requirement” means                  

any requirement in regulation 4, 5, 10 or 11; or

any requirement in any provision of the EU Control Regulation or the EU Implementing Regulation specified in column 2 of Schedule                              1 to these Regulations as read with, where applicable, any provision of the EU Control Regulation, the EU Implementing Regulation                              or these Regulations specified in column 3 of that Schedule;                           

“authorised person” has the meaning given in regulation 23;                  

“competent authority” has the meaning given in regulation 3;                  

“enforcement authority” has the meaning given in regulation 22(5);                  

“EU Control Regulation” means Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products                     not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) F3;                  

“EU Implementing Regulation” means Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products                     not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive, as amended from time                     to time F4;                  

“premises” includes—                  

any land, building (including any domestic premises), shed or pen;

any receptacle or container;

any ship; or

a vehicle of any description; and

“ship” includes a hovercraft, submersible craft and any other floating craft but not a vessel which—                  

permanently rests on or is permanently attached to the seabed; or

is an installation within section 16 of the Energy Act 2008 F5.                           

(2) Expressions used in these Regulations that are also used in the EU Control Regulation or the EU Implementing Regulation have                     the same meaning in these Regulations as they have in the EU Control Regulation and in the EU Implementing Regulation, as                     the context may require.                  

(3) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic                     communication, as defined in section 15(1) of the Electronic Communications Act 2000 F6, which has been recorded and is consequently capable of being reproduced.                  

F3OJ L 300, 14.11.2009, p.1, amended by Directive 2010/63/EU (OJ L 276, 20.10.2010, p.33).

F4OJ L 54, 26.2.2011, p.1.

F52008 c.32.

F62000 c.7, amended by the Communications Act 2003 (c.21), **sections 406** and 411(2) and (3) and Schedule 17, paragraph 158.

## **PART 2**SThe competent authority and miscellaneous provisions

### The competent authorityS

3.  The Scottish Ministers are the competent authority for the purposes of—                  

(a)the EU Control Regulation; and                  

(b)the EU Implementing Regulation.                  

### AccessS

4.—(1) Animal by-products, including catering waste, must not be brought on to any premises where farmed animals are kept.                  

(2) But paragraph (1) does not apply—

(a)where the occupier of the premises and the person having control of the animal by-products ensure that such by-products can                        be brought on to the premises in such a manner as to prevent farmed animals having access to such by-products; and                  

(b)to derived products, except—                  

(i)products derived from catering waste; and                  

(ii)meat-and-bone meal derived from Category 2 material and processed animal proteins intended to be used as or in organic fertilisers                        and soil improvers that do not comply with the requirements of Article 32(1)(d) (placing on the market and use) of the EU                        Control Regulation.                  

### Restrictions on access to bodiesS

5.  The body or part of a body of any farmed animal that has not been slaughtered for human consumption must be held by an operator,                     pending consignment or disposal, in accordance with the EU Control Regulation as read with the EU Implementing Regulation,                     in such manner as to ensure that any animal or bird will not have access to it.                  

### Use of organic fertilisers and soil improvers and extended waiting period for pigs in relation to the prohibition in Article                     11(1)(c) of the EU Control RegulationS

6.—(1) In accordance with Article 32(1) of the EU Control Regulation, the application of organic fertilisers or soil improvers to                     land is prohibited, where, during the period of 60 days commencing from the date of the application of such products, it is                     intended that pigs will—                  

(a)have access for grazing to such land; or                  

(b)be fed cut herbage from such land.                  

(2) Where organic fertilisers or soil improvers have been applied to land, pigs are prohibited during the additional waiting period                     from—                  

(a)having access for grazing to such land; or                  

(b)being fed cut herbage from such land.                  

(3) Paragraphs (1) and (2) do not apply to the following organic fertilisers or soil improvers:—

(a)manure;                  

(b)milk;                  

(c)milk based products;                  

(d)milk derived products;                  

(e)colostrum;                  

(f)colostrum products; and                  

(g)digestive tract content.                  

(4) In this regulation—

(a)“the minimum waiting period” is the period of 21 days commencing on the date of application of organic fertilisers or soil                        improvers to land as provided in Article 11(1)(c) of the EU Control Regulation (restrictions on use), as read with Article                        5(2) of, and Chapter II of Annex II to, the EU Implementing Regulation (restrictions on the use of animal by-products and derived products); and                  

(b)“the additional waiting period” is the period of 39 days commencing on the date of expiration of the minimum waiting period.                  

### Collection centres for feeding in relation to Article 18(1) of the EU Control RegulationS

7.  In relation to Article 18(1) of the EU Control Regulation (special feeding purposes) and in accordance with Article 13 of                     the EU Implementing Regulation (special feeding rules), as read with point 3 of Section 1 of Chapter II of Annex VI to that Regulation, the use of a processing plant for Category 2 material which is approved for the purpose of being a collection                     centre for Category 2 material is authorised as a collection centre.                  

### Remote areas referred to in Article 19(1)(b) of the EU Control RegulationS

8.  For the purposes of Article 19(1)(b) of the EU Control Regulation (collection, transport and disposal), the following areas                     are categorised as remote areas:—                  

(a)the area of the Argyll and Bute Council, excluding the Parishes of Arrochar (339), Cardross (347), Dunoon and Kilmun (140),                        Inverchaolain (141), Kilfinan (142), Kilmodan (143), Kingarth (276), Lochgoilhead and Kilmorich (144), Luss (349), North Bute                        (other than the island of Inchmarnock) (277), Rhu (340), Rosneath (341), Rothesay (278), Strachur (145) and Strathlachlan                        (146);                  

(b)the area of Comhairle nan Eilean Siar;                  

(c)the area of the Highland Council, excluding the Parishes of Abernethy and Kincardine (438), Alvie (439), Ardclach (605), Ardersier                        (445), Auldearn (606), Boleskine and Abertarff (433), Cawdor (607), Cromdale, Inverallan and Advie (586), Croy (446), Croy                        and Dalcross (608), Daviot and Dunlichity (447), Dores (448), Duthil and Rothiemurchus (440), Inverness and Bona (449), Kingussie                        and Insh (441), Kirkhill (436), Moy and Dalarossie (450), Nairn (609) and Petty (451);                  

(d)in the area of North Ayrshire Council, the parishes of Cumbrae (279), Kilbride (274) and Kilmory (275);                  

(e)the area of the Orkney Islands Council;                  

(f)in the area of the Perth and Kinross Council, the Parish of Fortingall (679); and                  

(g)the area of the Shetland Islands Council.                  

### Placing on the market in relation to Article 36 of the EU Control RegulationS

9.  In relation to Article 36 of the EU Control Regulation (placing on the market of other derived products) and in accordance                     with Article 24(4) of the EU Implementing Regulation (pet food and other derived products), as read with point B of Chapter                     VII to Annex XIII to that Regulation, the placing on the market of untreated wool and hair from farms or from establishments or plants is authorised                     without restrictions except where they present a risk of any disease communicable through those products to humans or animals.                  

### Reporting of test resultsS

10.  Operators must report to the Scottish Ministers the results of any tests carried out which fail to meet the standards required                     by the following Articles of the EU Implementing Regulation—                  

(a)Article 10(1) (requirements regarding the transformation of animal by-products and derived products into biogas and composting);                  

(b)Article 21(1) (processing and placing on the market of animal by-products and derived products for feeding to farmed animals,                        excluding fur animals);                  

(c)Article 22(1) (placing on the market and use of organic fertilisers and soil improvers); or                  

(d)Article 24(3) (petfood and other derived products).                  

## **PART 3**SStaining

### StainingS

11.—(1) This regulation applies to the operators of—                  

(a)slaughterhouses;                  

(b)cutting plants;                  

(c)game-handling establishments; and                  

(d)cold stores.                  

(2) In this regulation—

(a)the terms “slaughterhouse”, “cutting plant” and “game-handling establishment” have the meanings given to them in regulation 5(7) of the Food Hygiene (Scotland) Regulations 2006 F7; and                  

(b)“cold store” means any premises, not forming part of a slaughterhouse, cutting plant or game-handling establishment, used for the storage,                        under temperature controlled conditions, of fresh meat intended for sale for human consumption.                  

(3) Operators must, subject to paragraph (5), without undue delay, stain the following animal by-products in accordance with paragraph                     (4)—                  

(a)animal by-products defined by the following articles of the EU Control Regulation—                  

(i)Article 8(c) and (d) (Category 1 material);                  

(ii)Article 9(c) and (d) (Category 2 material);                  

(b)whole poultry bodies where the animals are dead on arrival at the slaughterhouse;                  

(c)bodies or parts of animals which are unfit for human consumption because they show signs of disease communicable to humans                        or animals;                  

(d)bodies or parts of animals which are unfit for human consumption because they have not been presented for either ante or post                        mortem inspection;                  

(e)bodies or parts of animals which have been contaminated with any substance which may pose a threat to public or animal health;                        and                  

(f)Category 3 material that has changed through decomposition or spoilage so as to present an unacceptable risk to public or                        animal health.                  

(4) Operators must—

(a)stain the animal by-products with a solution of colouring agent of such a strength that the staining is clearly visible and                        remains visible after the animal by-product has been chilled or frozen;                  

(b)stain the whole surface of the animal by-product, whether by immersing the animal by-product in the stain, spraying the animal                        by-product with the stain or applying the stain to the animal by-product by any other equally effective means;                  

(c)in the case of an animal by-product not falling within sub-paragraph (d) and weighing not less than 20kg, apply the stain                        after the surface of the animal by-product has been opened by multiple and deep incisions; and                  

(d)in the case of an animal by-product comprising an entire poultry body, whether or not it has been eviscerated or de-feathered,                        apply the stain after the surface of the body has been opened by multiple and deep incisions.                  

(5) Operators need not stain—

(a)any animal by-product which is removed, or is intended to be removed, from any premises by, or under the authority of, a veterinary                        surgeon for examination by, or on behalf of, that surgeon;                  

(b)any animal by-product consisting of the stomach and intestines or the digestive tract content of an animal, or which is mixed                        with those parts or content, in a container containing mainly those parts or content for disposal in accordance with the EU                        Control Regulation;                  

(c)any animal by-product which is intended for use for scientific purposes and which, pending such use or removal to premises                        for such use in accordance with the EU Control Regulation, is placed in a receptacle designed for the purpose of holding animal                        by-products and bearing a notice that its contents are intended for use for scientific purposes;                  

(d)any animal by-product which is moved immediately after generation, via a sealed and leak-proof pipe, to a processing or incineration                        establishment or plant approved under Article 24(1)(a), (b) or (c) of the EU Control Regulation; or                  

(e)an entire animal body, except an entire poultry body.                  

(6) No one may export stained animal by-products mentioned in paragraph (3) to another member State, unless that member State                     agrees to import the material.                  

F7S.S.I. 2006/3, to which there are amendments not relevant to these Regulations.

## **PART 4**SRegistration and approval

### Procedure for registration of plants and establishmentsS

12.  A notification by an operator must be made in writing to the competent authority, where it is made—                  

(a)for the purpose of registration in accordance with Article 23(1) of the EU Control Regulation (registration of operators,                        establishments or plants); or                  

(b)to inform the competent authority of changes in accordance with Article 23(2) of the EU Control Regulation.                  

### Notifications of competent authority in respect of registrationS

13.  The competent authority must give notice in writing to—                  

(a)the operator who has made a notification in accordance with regulation 12 of the decision to—                  

(i)register such an operator; or                  

(ii)not to register such an operator; and                  

(b)a registered operator of—                  

(i)a prohibition in accordance with Article 46(2) of the EU Control Regulation (prohibition on operations);                  

(ii)a requirement to comply with Article 23(1)(b) or (2) of the EU Control Regulation (provision of information on activities                        and up to date information); or                  

(iii)the amendment of the registration or the ending of the registration where an operator has notified the competent authority                        of the closure of an establishment in accordance with Article 23(2) of the EU Control Regulation.                  

### Procedure for application for approvalS

14.  An operator to whom Article 24(1) of the EU Control Regulation (approval of establishments or plants) applies, must apply                     in writing to the competent authority to be—                  

(a)approved; or                  

(b)where Article 33 of the EU Implementing Regulation (re-approval of plants and establishments after the grant of temporary                        approval) applies, re-approved.                  

### Notification in respect of decisions on approvalS

15.  The competent authority must give notice in writing to—                  

(a)the operator who submitted an application for approval, of the—                  

(i)grant of approval in accordance with Articles 24 (approval of establishments or plants) and 44 (procedure for approval) of                        the EU Control Regulation;                  

(ii)grant of conditional approval, or its extension, in accordance with Articles 24 and 44 of the EU Control Regulation; or                  

(iii)refusal to grant approval or to extend a conditional approval;                  

(b)where conditional approval has been granted in accordance with Articles 24 and 44 of the EU Control Regulation, the operator                        of the plant or establishment subject to such approval of the—                  

(i)grant of full approval;                  

(ii)extension of such approval;                  

(iii)imposition of conditions in accordance with Article 46(1)(c) of the EU Control Regulation (suspensions, withdrawals and prohibitions                        on operations);                  

(iv)suspension of such approval in accordance with Article 46(1)(a) of the EU Control Regulation;                  

(v)withdrawal of such approval in accordance with Article 46(1)(b) of the EU Control Regulation;                  

(vi)refusal to extend or grant full approval; or                  

(vii)prohibition in accordance with Article 46(2) of the EU Control Regulation; or                  

(c)the operator of an approved plant or establishment of the—                  

(i)imposition of conditions in accordance with Article 46(1)(c) of the EU Control Regulation;                  

(ii)suspension of such approval in accordance with Article 46(1)(a) of the EU Control Regulation;                  

(iii)withdrawal of such approval in accordance with Article 46(1)(b) of the EU Control Regulation; or                  

(iv)prohibition in accordance with Article 46(2) of the EU Control Regulation.                  

### Reasons for decisionsS

16.—(1) Where a decision is made by the competent authority of a type mentioned in paragraph (2), the competent authority must give                     reasons in writing for that decision.                  

(2) The types of decision are those made under—

(a)regulation 13(a)(ii) or (b);                  

(b)regulation 15(a)(ii) or (iii);                  

(c)regulation 15(b)(iv), (v) or (vi);                  

(d)regulation 15(c)(ii) or (iii);                  

(e)regulation 15(b)(iii) or (c)(i);                  

(f)regulation 15(b)(vii) or (c)(iv).                  

### Appeals procedureS

17.—(1) Where the competent authority has notified a decision of a type mentioned in regulation 16(2), a person may appeal against                     it by making written representations to a person appointed by the Scottish Ministers for the purpose of considering appeals,                     within 21 days of the notification of that decision.                  

(2) The competent authority may also make written representations to the appointed person concerning the decision.

(3) The appointed person must then report in writing to the Scottish Ministers, who will then make their final determination.

(4) The Scottish Ministers must give to the appellant written notification of the Scottish Ministers' final determination and                     the reasons for it.                  

## **PART 5**SOffences and penalties

### OffenceS

18.  Any person—                  

(a)to whom an animal by-product requirement applies; and                  

(b)who contravenes or fails to comply with such a requirement,                  

commits an offence.

### Offence of obstructionS

19.  A person is guilty of an offence if that person, in relation to an authorised person acting under these Regulations—                  

(a)intentionally obstructs the authorised person;                  

(b)without reasonable cause, fails to give to the authorised person any information or assistance or to provide any facilities                        that such person may reasonably require;                  

(c)knowingly or recklessly gives false or misleading information to the authorised person; or                  

(d)fails to produce a record or document when required to do so by the authorised person.                  

### Offences by bodies corporate, Scottish partnerships and unincorporated associationsS

20.—(1) Where—                  

(a)an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other unincorporated                        association; and                  

(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part                        of—                  

(i)a relevant individual; or                  

(ii)an individual purporting to act in the capacity of a relevant individual,                  

the individual as well as the body corporate, Scottish partnership or unincorporated association, commits an offence and is                     liable to be proceeded against and punished accordingly.                  

(2) In paragraph (1), “relevant individual” means—                  

(a)in relation to a body corporate—                  

(i)a director, manager, secretary or other similar officer of the body;                  

(ii)where the affairs of the body are managed by its members, a member;                  

(b)in relation to a Scottish partnership, a partner; and                  

(c)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management                        or control of the association.                  

### PenaltiesS

21.  A person guilty of an offence under these Regulations is liable—                  

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 12 months                        or both; or                  

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or both.                  

## **PART 6**SEnforcement

### Enforcement authorityS

22.—(1) These Regulations are enforced by—                  

(a)subject to paragraph (2), a local authority; or                  

(b)in relation to a food hygiene establishment, the Scottish Ministers.                  

(2) The Scottish Ministers may direct, in relation to a particular case or cases of a particular description, that the Scottish                     Ministers will enforce these Regulations in place of the local authority.                  

(3) In paragraph (1)(a) “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 F8.                  

(4) In paragraph (1)(b), “food hygiene establishment” means an establishment referred to in regulation 5(2)(a) of the Food Hygiene (Scotland) Regulations 2006 F9 in respect of which the Food Standards Agency has enforcement functions under those Regulations.                  

(5) A body exercising functions by virtue of paragraph (1) or (2) is referred to in these Regulations as an enforcement authority.

F81994 c.39, amended by the Environment Act 1995 (c.25), **section 120(1)** and Schedule 22, paragraph 232(1).

F9S.S.I. 2006/3.

### Authorised personS

23.—(1) An enforcement authority may authorise in writing such persons as the authority considers appropriate to act for the purpose                     of enforcing these Regulations.                  

(2) A person authorised under paragraph (1) is referred to in these Regulations as an authorised person.

### Powers of authorised personS

24.  An authorised person may, on production, if so required, of his or her duly authenticated authorisation, exercise any of the                     powers specified in regulations 25 and 27.                  

### Powers of entry and additional powersS

25.—(1) For the purpose of ensuring that the EU Control Regulation, the EU Implementing Regulation and these Regulations are complied                     with, an authorised person may enter any premises (excluding any premises used only as a private dwelling house) at any reasonable                     hour.                  

(2) The authorised person may in relation to the power under paragraph (1)—

(a)be accompanied by such other persons as the authorised person considers necessary (including, where there is reasonable cause                        to anticipate any serious obstruction in the execution of the authorised person's duty, a constable);                  

(b)take any equipment or materials required for any purpose for which the power of entry is being exercised;                  

(c)carry out any examination and investigation as may in the circumstances be necessary;                  

(d)as regards any premises which the authorised person has power to enter, direct that those premises, or part of them, are left                        undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination                        or investigation under sub-paragraph (c);                  

(e)take such measurements and photographs and make such recordings as are considered necessary for the purpose of any examination                        or investigation under sub-paragraph (c);                  

(f)in the case of any articles or substances found in or on any premises which the authorised person has power to enter—                  

(i)take samples;                  

(ii)test any sample or subject any sample to any process, where it appears that it has or is likely to cause harm to human health                        or to the health of animals or plants;                  

(iii)take possession of any sample and retain it for so long as is necessary for any of the following purposes:—                  

(aa)to examine it and to exercise the power under head (ii);                  

(bb)to ensure that it is not tampered with before examination of it is completed; or                  

(cc)to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;                  

(g)require the production of or, where the information is recorded in computerised form, the furnishing of extracts from, any                        records which it is necessary to see for the purposes of any examination or investigation under sub-paragraph (c) and to inspect                        and take copies of, or of any entry in, the records;                  

(h)require any person to afford such facilities and assistance with respect to any matters or things within that person's control                        or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any                        of the powers conferred on the authorised person by this regulation; or                  

(i)mark any animal or animal by-product as the authorised person considers necessary.                  

(3) Where an authorised person proposes to exercise the power in paragraph (2)(f)(ii) in the case of any article or substance                     found in or on any premises, the authorised person must—                  

(a)if so requested by a person who at the time is present and has responsibilities in relation to those premises, cause anything                        which is to be done by virtue of that power, to be done in that person's presence; and                  

(b)consult such persons as appear to the authorised person appropriate for the purpose of ascertaining what dangers, if any,                        there may be in doing anything which is proposed under that power.                  

(4) Where an authorised person in respect of the power in paragraph (2)(f)(iii)—

(a)proposes to exercise that power, the authorised person must before taking possession, if it is practicable to do so, give                        to a responsible person at the premises a portion of the sample, marked in a manner sufficient to identify it; or                  

(b)exercises that power, the authorised person must leave a notice giving particulars of the article or substance sufficient                        to identify it and stating that possession has been taken under that power, such notice to be left either—                  

(i)with a responsible person; or                  

(ii)if that is impracticable, fixed in a conspicuous place at those premises.                  

(5) Nothing in this regulation compels the production by any person of information in respect of which a claim to confidentiality                     of communications could be maintained in legal proceedings.                  

### WarrantS

26.—(1) If a sheriff, stipendiary magistrate or justice of the peace, on information in writing sworn on oath, is satisfied that there                     are reasonable grounds for entry into any premises by an authorised person under regulation 25 and—                  

(a)entry has been refused, or a refusal is reasonably expected, and the authorised person has given notice of his or her intention                        to apply for an entry warrant to the occupier; or                  

(b)a request for entry, or the giving of such a notice, would defeat the object of entry; or                  

(c)entry is urgently required; or                  

(d)the premises are unoccupied or the occupier is temporarily absent ,                  

the sheriff, stipendiary magistrate or justice may by signed warrant, valid for a period of one month, authorise the authorised                     person to enter the premises, if need be by reasonable force.                  

(2) An authorised person who enters, by virtue of this regulation, any unoccupied premises must leave them as effectively secured                     against unauthorised entry as they were before entry.                  

### Notices served by an authorised personS

27.—(1) An authorised person may serve a notice in accordance with paragraph (2) where that person—                  

(a)considers that there is a contravention of, or failure to comply with, an animal by-product requirement; or                  

(b)reasonably suspects that, as a result of such a contravention or failure to comply, premises constitute a risk to human or                        animal health.                  

(2) A notice may be served on the occupier of any premises or the person in charge of the premises—

(a)requiring the disposal and, where applicable, storage pending such disposal of animal by-products and derived products;                  

(b)requiring the cleansing and disinfection of any premises and, where applicable, the method for such cleansing and disinfection;                        or                  

(c)prohibiting animal by-products and derived products being—                  

(i)brought on to any premises;                  

(ii)brought on to any premises unless in accordance with conditions specified in the notice; or                  

(iii)brought on to any premises until the satisfactory completion of any cleansing and disinfection requirements specified in any                        notice under sub-paragraph (b).                  

(3) A notice served under paragraph (2) must be complied with at the expense of the person on whom the notice is served, and if                     it is not complied with, an authorised person may arrange for it to be complied with at the expense of the person on whom                     the notice was served.                  

(4) Paragraph (1) does not apply where Article 46(1) of the EU Control Regulation (suspensions, withdrawals and prohibitions on                     operations) applies.                  

(5) Failure to comply with a notice served under paragraph (2) is an offence.

### Power to share information for enforcement purposesS

28.—(1) Information sent to, or acquired, in compliance or purported compliance with the obligations of the EU Control Regulation                     and the EU Implementing Regulation or as a result of enforcing these Regulations may be shared, in accordance with paragraph                     (2), where it has been so received by—                  

(a)the competent authority;                  

(b)an enforcement authority; or                  

(c)an authorised person.                  

(2) Where an authority or person within paragraph (1) has received information in accordance with that paragraph, then such an                     authority or person may share such information with any other—                  

(a)competent authority;                  

(b)enforcement authority; or                  

(c)authorised person,                  

appointed within the United Kingdom for the purposes of implementing or enforcing the EU Control Regulation and the EU Implementing                     Regulation.                  

(3) Information received in accordance with paragraph (2) must only be used for the purposes of enforcing these Regulations.

(4) For the purposes of this regulation, “an enforcement authority” includes the Food Standards Agency.                  

## **PART 7**SConsequential amendments

### Consequential amendmentsS

29.  The consequential amendments specified in Schedule 2 have effect.                  

## **PART 8**SRevocations and saving and transitional provisions

### RevocationsS

30.  The instruments specified in column 1 of Schedule 3 are revoked to the extent specified in column 3 of that Schedule.                  

### Saving provisionsS

31.  Notwithstanding their revocation, the Animal By-Products (Enforcement) (Scotland) Regulations 2011 F10 continue to have effect in relation to any amendments made by regulation 28 (consequential amendments) of, and paragraphs                     15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 38, 39, 40, 41, 42, 43, 44, 45, 51, 52, 53, 54, 55 and 56 of Schedule                     2 to, those Regulations.                  

F10S.S.I. 2011/171 as amended by S.S.I. 2012/179.

### Small quantities transitional provisionS

32.—(1) By way of derogation from Article 14 of the EU Control Regulation, the collection, transport and disposal of Category 3 material                     as mentioned in Article 10(f) of the EU Control Regulation (Category 3 material), is authorised under Article 36(3) of the                     EU Implementing Regulation (transitional measures) until 31st December 2014 F11, where the requirements of paragraph (2) are satisfied.                  

(2) The requirements are—

(a)the material satisfies Article 36(3) of, and paragraphs (a) to (c) of Chapter IV of Annex VI to, the EU Implementing Regulation; and                  

(b)the means of disposal for such material, in addition to the means specified in Article 14 of the EU Control Regulation, are                        disposal—                  

(i)in an authorised landfill without prior processing; or                  

(ii)where Article 21 of the EU Control Regulation (collection and identification as regards category and transport) is satisfied,                        to a biogas or composting plant for transformation in accordance with an authorisation under point 2 of section 2 of Chapter                        III of Annex V to the EU Implementing Regulation.                  

F11The period of the derogation in Article 36(3) of the EU Implementing Regulation was extended by Commission Regulation (EU)                              No 294/2013 (OJ L 98, 6.4.2013, p.1).

RICHARD LOCHHEAD

 A member of the Scottish Government

 St Andrew's House,

 Edinburgh

30th October 2013

 Regulation 2(1)

## SCHEDULE 1SAnimal by-product requirements

 Regulation 29

## SCHEDULE 2SConsequential amendments

### *The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991*S

1.  The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 F12 are amended as follows.S

F12S.I. 1991/1624 relevantly amended by S.S.I. 2005/22.

2.  In regulation 2—S

(a)in paragraph (1)(i), for “Article 7(1) or 7(2) of the Community Regulation” substitute “ Article 21(1) to (3) of the Council Regulation ”; and

(b)in paragraph (2)—

(i)omit the definition of “the Community Regulation”; and

(ii)insert after the definition of “ construction ”

““the Council Regulation” means Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products                           not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation);”.                     

### *The Older Cattle (Disposal) (Scotland) Regulations 2006*S

3.  The Older Cattle (Disposal) (Scotland) Regulations 2006 F13 are amended as follows.S

F13S.S.I. 2006/4.

4.  In regulation 2 (interpretation), for the definition of “rendering plant”, substitute—S

““rendering plant” means a processing plant within the meaning of paragraph 58 of Annex I to Regulation (EU) No 142/2011 implementing Regulation                           (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products                           not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive, as last amended by                           Commission Regulation (EU) No 717/2013 F14; and references in these Regulations to that Regulation (EU) No 142/2011 are references to that Regulation as amended from                           time to time;”.                     

F14OJ L 201, 26.7.2013, p.31.

### *The Foot-and-Mouth Disease (Scotland) Order 2006*S

5.  The Foot-and-Mouth Disease (Scotland) Order 2006 F15 is amended as follows.S

F15S.S.I. 2006/44, relevantly amended by S.S.I. 2007/455 and S.S.I. 2011/171.

6.  In article 2(1) (interpretation) in the definition of “Regulation (EU) No 142/2011” after “that Directive” insert “ , as last amended by Commission Regulation (EU) No 717/2013; and references to that Regulation of 2011 are references to                        that Regulation as amended from time to time ”.S

7.  In article 26(2)(c) (slaughter: isolation of things liable to spread disease) omit “as amended,”.S

8.  In Schedule 5 (treatment of products to ensure the destruction of disease virus), in paragraph 2 (hides and skins), for “35”                     substitute “ 36 ”.S

### *The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006*S

9.  The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 F16 are amended as follows.S

F16S.S.I. 2006/45 relevantly amended by S.S.I. 2011/171.

10.  In regulation 2(1) (interpretation), in the definition of “Regulation (EU) No 142/2011” after “that Directive” insert “ , as last amended by Commission Regulation (EU) No 717/2013; and references to that Regulation of 2011 are references to                        that Regulation as amended from time to time ”.S

### *The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007*S

11.  The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007 F17 is amended as follows.S

F17S.S.I. 2007/61 relevantly amended by S.S.I. 2011/171.

12.  In article 2 (interpretation), in the definition of “Regulation (EU) No 142/2011” after “that Directive” insert “ , as last amended by Commission Regulation (EU) No 717/2013; and references to that Regulation of 2011 are references to                        that Regulation as amended from time to time ”.S

13.  In article 13(1) (designation of premises to which things may be moved), for sub-paragraph (c) substitute—S

“(c)the following plants, if approved under Article 24 of Regulation (EC) No 1069/2009—                  

(i)incineration plants;                  

(ii)co-incineration plants;                  

(iii)processing plants;                  

(iv)biogas plants;                  

(v)composting plants;                  

(vi)petfood plants.”.                  

14.  In Schedule 1 (measures applicable in respect of a wild bird control area), in paragraph 13 (restriction on the movement of                     bird by products or products derived from bird by products from premises in a wild bird control area)—S

(a)for sub-paragraph (2), substitute—

“(2)A veterinary inspector may not grant or direct the grant of a licence under sub paragraph (1) unless it is for a movement                        of—                  

(a)processed animal protein within the meaning of paragraph 5 of Annex I to Regulation (EU) No 142/2011 and which complies with                           the requirements of paragraph B of Section 1 of Chapter II of Annex X to that Regulation;                  

(b)blood products within the meaning of paragraph 4 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements                           of paragraph B of Section 2 of Chapter II of Annex X to that Regulation;                  

(c)rendered fats within the meaning of paragraph 8 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements                           of paragraph B of Section 3 of Chapter II of Annex X to that Regulation;                  

(d)gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements                           of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;                  

(e)hydrolysed protein within the meaning of paragraph 14 of Annex I to Regulation (EU) No 142/2011 and which complies with the                           requirements of paragraph D of Section 5 of Chapter II of Annex X to that Regulation;                  

(f)dicalcium phosphate which complies with the requirements of paragraph B of Section 6 of Chapter II of Annex X to Regulation                           (EU) No 142/2011;                  

(g)tricalcium phosphate which complies with the requirements of paragraph B of Section 7 of Chapter II of Annex X to Regulation                           (EU) No 142/2011;                  

(h)collagen within the meaning of paragraph 11 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements                           of paragraph B of Section 8 of Chapter II of Annex X to that Regulation;                  

(i)egg products which comply with the requirements of paragraph B of Section 9 of Chapter II of Annex X to Regulation (EU) No                           142/2011;                  

(j)processed petfood within the meaning of paragraph 20 of Annex I to Regulation (EU) No 142/2011 and which complies with the                           requirements of Chapter II of Annex XIII to that Regulation;                  

(k)raw petfood within the meaning of paragraph 21 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements                           of Chapter II of Annex XIII to that Regulation;                  

(l)dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements                           of Chapter II of Annex XIII to that Regulation;                  

(m)processed manure and processed manure products which comply with the requirements of Section 2 of Chapter I of Annex XI to Regulation (EU) No 142/2011;                  

(n)game trophies of birds having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures                           within the meaning of Chapter VI of Annex XIII to Regulation (EU) No 142/2011;                  

(o)those by-products which are transported to designated plants listed in article 13(1)(c) for disposal, treatment, transformation                           or use which ensures inactivation of the avian influenza virus;                  

(p)those by-products which are transported to users or collection centres authorised and registered in accordance with Article                           23 of Regulation (EC) No 1069/2009 for the feeding of animals after they have been treated by a method approved by the competent authority which ensures inactivation                           of the avian influenza virus;                  

(q)untreated feathers or parts of untreated feathers produced from poultry within the meaning of paragraph 30 of Annex I to Regulation                           (EU) No 142/2011 and which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation; or                  

(r)poultry feathers, feathers from wild game bird or parts of such feathers which have been treated with a steam current or by                           another method which ensures inactivation of the avian influenza virus.”; and                  

(b)in sub-paragraph (3), for “Annex V to that Regulation” substitute “ Regulation (EC) No 1069/2009 and Annex IV to Regulation (EU) No 142/2011 ”;

(c)in sub-paragraph (5) for “(2)(p) and (q)” substitute “ (2)(q) and (r) ”; and

(d)in sub-paragraph (6), for “(2)(q)” substitute “ (2)(r) ”.

### *The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007*S

15.  The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007 F18 is amended as follows.S

F18S.S.I. 2007/62 relevantly amended by S.S.I. 2011/171.

16.  In article 2 (interpretation), in the definition of “Regulation (EU) No 142/2011” after “that Directive” insert “ , as last amended by Commission Regulation (EU) No 717/2013; and references to that Regulation of 2011 are references to                        that Regulation as amended from time to time ”.S

17.  In article 3(6) (licences, notices and designations under this Order), for sub-paragraph (c) substitute—S

“(c)the following plants if approved under Article 24 of Regulation (EC) No 1069/2009—                  

(i)incineration plants;                  

(ii)co-incineration plants;                  

(iii)processing plants;                  

(iv)biogas plants;                  

(v)composting plants;                  

(vi)petfood plants.”.                  

18.  In article 14 (restrictions on the movement of bird by-products)—S

(a)for paragraph (2) substitute—

“(2)But a veterinary inspector or an inspector acting under the direction of a veterinary inspector may license the movement of                        any of the following bird by-products:—                  

(a)processed animal protein within the meaning of paragraph 5 of Annex I to Regulation (EU) No 142/2011 and which complies with                           the requirements of paragraph B of Section 1 of Chapter II of Annex X to that Regulation;                  

(b)blood products within the meaning of paragraph 4 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements                           of paragraph B of Section 2 of Chapter II of Annex X to that Regulation;                  

(c)rendered fats within the meaning of paragraph 8 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements                           of paragraph B of Section 3 of Chapter II of Annex X to that Regulation;                  

(d)gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements                           of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;                  

(e)hydrolysed protein within the meaning of paragraph 14 of Annex I to Regulation (EU) No 142/2011 and which complies with the                           requirements of paragraph D of Section 5 of Chapter II of Annex X to that Regulation;                  

(f)dicalcium phosphate which complies with the requirements of paragraph B of Section 6 of Chapter II of Annex X to Regulation                           (EU) No 142/2011;                  

(g)tricalcium phosphate which complies with the requirements of paragraph B of Section 7 of Chapter II of Annex X to Regulation                           (EU) No 142/2011;                  

(h)collagen within the meaning of paragraph 11 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements                           of paragraph B of Section 8 of Chapter II of Annex X to that Regulation;                  

(i)egg products which comply with the requirements of paragraph B of Section 9 of Chapter II of Annex X to Regulation (EU) No                           142/2011;                  

(j)processed petfood within the meaning of paragraph 20 of Annex I to Regulation (EU) No 142/2011 and which complies with the                           requirements of Chapter II of Annex XIII to that Regulation;                  

(k)raw petfood within the meaning of paragraph 21 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements                           of Chapter II of Annex XIII to that Regulation;                  

(l)dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements                           of Chapter II of Annex XIII to that Regulation;                  

(m)processed manure and processed manure products which comply with the requirements of Section 2 of Chapter I of Annex XI to                           Regulation (EU) No 142/2011;                  

(n)those by-products which are transported to designated plants listed in article 3(6)(c) for disposal, treatment, transformation                           or use which ensures inactivation of the avian influenza virus;                  

(o)those by-products which are transported to users or collection centres authorised and registered in accordance with Article                           23 of Regulation (EU) No 142/2011 for the feeding of animals after they have been treated by a method approved by the competent                           authority which ensures inactivation of the avian influenza virus;                  

(p)game trophies of birds having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures                           within the meaning of Chapter VI of Annex XIII to Regulation (EU) No 142/2011;                  

(q)poultry feathers or parts of such feathers which have been treated with a steam current or by another method which ensures                           inactivation of the avian influenza virus; or                  

(r)untreated feathers or parts of untreated feathers produced from poultry or wild game birds from a restricted zone within the                           meaning of paragraph 30 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of paragraph A of                           Chapter VII of Annex XIII to that Regulation.”;                  

(b)in paragraph (4), for “(2)(p) and (q)” substitute “ (2)(q) and (r) ”; and

(c)in paragraph (6), for “(2)(p)” substitute “ (2)(q) ”.

### *The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010*S

19.  The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 F19 are amended as follows.S

F19S.S.I. 2010/177 relevantly amended by S.S.I. 2011/171.

20.  In regulation 2(1) (interpretation), in the definition of “Regulation (EU) No 142/2011” after “that Directive” insert “ as last amended by Commission Regulation (EU) No 717/2013 ”.S

21.  In Schedule 1 (ambulatory references)—S

(a)omit “and” at the end of paragraph (f); and

(b)after paragraph (g) insert—

“; and                  

(h)Regulation (EU) No 142/2011.”.                  

22.  In Schedule 6 (feedingstuffs)—S

(a)in paragraph 3 (exceptions) for “the Animal By-Products (Enforcement) (Scotland) Regulations 2011” substitute “ the Animal By-Products (Enforcement) (Scotland) Regulations 2013 ”; and

(b)in paragraph 18(2) (export of processed animal protein to third countries), omit—

(i)“Article 43 of”; and

(ii)“and Article 25 of Regulation (EU) No 142/2011”.

### *The Waste Management Licensing (Scotland) Regulations 2011*S

23.  In Schedule 1 to the Waste Management Licensing (Scotland) Regulations 2011 F20 (activities exempt from waste management licensing), in paragraph 23(1), for “2011” substitute “ 2013 ”.S

F20S.S.I. 2011/228.

 Regulation 30

## SCHEDULE 3SRevocations

## Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke, in relation to Scotland, the Animal By-Products (Identification) Regulations 1995 and revoke and                        remake the Animal By-Products (Enforcement) (Scotland) Regulations 2011, incorporating certain provisions of the Animal By-Products                        (Identification) Regulations 1995.                     

These Regulations enforce in Scotland Regulation (EC) No 1069/2009 of the European Parliament and of the Council on laying down health rules as regards animal by-products and derived products                        not intended for human consumption and repealing Regulation (EC) No 1774/2002 (“the EU Control Regulation”).                     

These Regulations also enforce in Scotland Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products                        not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (“the EU Implementing Regulation”) that provides technical supplementation of those requirements of the EU Control Regulation.                     

The EU Control Regulation places obligations on operators in relation to animal by-products, including obligations as to disposal                        and use, prohibitions on feeding, and placing on the market. In addition, there are requirements for operators, plants and                        establishments to be registered or approved. The obligations vary according to the categorisation of the material; the higher                        risk animal by-product is categorised as Category 1 material, next in risk is Category 2 and then Category 3 material. The                        EU Control Regulation allows the member State to derogate from the obligations and also enables the competent authority to                        make authorisations in relation to specified obligations. The EU Implementing Regulation sets out a framework for the categorisation                        and use of animal by-products and supplements the EU Control Regulation by containing detailed provisions for the disposal                        and use of animal by-products.                     

These Regulations provide for the following:—
            -  The Scottish Ministers are designated as the competent authority (regulation 3). 
            -  Certain areas are designated as remote for the purposes of Article 19(1)(b) of the EU Control Regulation (regulation 8). 
            -  Access by farmed animals to animal by-products is restricted (regulations 4-6) (Part 2). 
            -  The staining of certain animal by-products to prevent them entering the food chain, allowing for the revocation of similar                              provisions in the Animal By-Products (Identification) Regulations 1995 (Part 3). Stained animal by-products are not to be                              exported from Scotland to another member State without that State's agreement, although they may be moved within the UK.                            
            -  Procedure and appeals in respect of registration and approval (Part 4). 
            -  Enforcement of the requirements by providing for offences including breach of the requirements of the EU Control Regulation                              as identified in Schedule 1 which sets out the requirements of the EU Control Regulation as supplemented by the requirements                              of the EU Implementing Regulation and these Regulations, where applicable (Part 5). The EU Control Regulation enables the                              competent authority to make authorisations in respect of such requirements. Such authorisations enable the competent authority                              to determine whether or not a product is a risk to human or animal health, for example. A full list of all the authorisations                              that are provided for under the requirements is available on the Scottish Government website at www.scotland.gov.uk. In addition,                              that website makes available the authorisations exercised by the Scottish Ministers.                            
            -  Enforcement powers by appointing enforcement authorities (Part 6). 
            -  Consequential provisions (Part 7), revocations, savings and transitional provisions (Part 8). 

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies                        may be obtained from the Scottish Government Rural and Environment Directorate, Animal Health and Welfare Division, Saughton                        House, Broomhouse Drive, Edinburgh EH11 3XD.