# The Animal By-Products (Enforcement) (Amendment) Regulations (Northern Ireland) 2014 (revoked)

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N.I.

Statutory Rules of Northern Ireland

# 2014 No. 184

Animals

Animal Health

# The Animal By-Products (Enforcement) (Amendment) Regulations (Northern Ireland) 2014

Made

25th June 2014

Coming into operation

31st July 2014

The Department of Agriculture and Rural Development makes the following Regulations in exercise of the powers conferred by                           section 2(2) of, as read with paragraph 1A of Schedule 2 to, the European Communities Act 1972 F1.                        

The Department of Agriculture and Rural Development is a Department designated for the purposes of making Regulations under                           section 2(2) of the European Communities Act 1972 in relation to measures in the veterinary and phytosanitary fields for the                           protection of public health F2.                        

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears                           to the Department of Agriculture and Rural Development that it is necessary for the reference to the 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) F3 to be construed as a reference to that instrument as amended from time to time.                        

F11972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51)

F2S. I. 1999/2027

F3O.J. No L 54, 26.02.2011, p.1-254

## Citation and commencementN.I.

1.  These Regulations may be cited as the Animal By-Products (Enforcement) (Amendment) Regulations (Northern Ireland) 2014 and                     shall come into operation on 31st July 2014.                  

## InterpretationN.I.

2.  The Interpretation Act (Northern Ireland) 1954 F4 shall apply to these Regulations as it applies to an Act of the Assembly.                  

F41954 c.33 (N.I.)

## Amendment of the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011N.I.

3.—(1) The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 F5 shall be amended in accordance with paragraph (2).                  

(2) After regulation 10 (Placing on the market in relation to Article 36 of the EU Control Regulation), insert—

### **“PART IIA**N.I.STAINING

#### Staining

10A.—(1)This regulation applies to the operators of—                  

(a)slaughterhouses;                  

(b)cutting plants;                  

(c)game-handling establishments; and                  

(d)cold stores.                  

(2)In this part—                  

(a)the terms “slaughterhouse”, “cutting plant” and “game-handling establishment” have the meanings given to them in regulation 5(6) of the Food Hygiene Regulations (Northern Ireland) 2006 F6;                  

(b)“cold store” means any other premises used for the storage, under temperature-controlled conditions, of fresh meat intended for sale                           for human consumption; and                  

(c)“scientific purposes” means diagnostic, educational or research purposes.                  

(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);                  

(ii)Article 8(d);                  

(iii)Article 9(c); or                  

(iv)Article 9(d);                  

(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 and the resulting animal by-product is not defined in Article 10 of the EU Control Regulation;                  

(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 materials listed in paragraph (3) with a colouring agent and using a solution of such strength that the staining is                           clearly visible and remains visible after the animal by-product has been chilled or frozen;                  

(b)apply a stain to the whole surface of the animal by-product, whether by immersing the by-product in the stain, spraying it                           with the solution or applying the solution to the 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 more than 20 kg, apply the stain after its surface has been opened by multiple and deep incisions; and                  

(d)in the case of an animal by-product comprising a whole 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 pursuant to paragraph (3)—                  

(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 the surgeon;                  

(b)any animal by-product which is mixed with green offal in a container containing mainly green offal 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 room and 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 to a processing or incineration establishment or plant approved                           under the EU Control Regulation via a sealed and leak-proof pipe; or                  

(e)a whole animal body, except a whole poultry body.                  

(6)No one may export stained material of the type referred to in paragraph (3) to another member State of the European Union                        unless that member State agrees to import the material.                  

(7)In paragraph 5(b) of this regulation “green offal” means the stomach and intestines of an animal and the contents of the digestive tract.”.                  

F5S.R. 2011 No. 124

F6S.R. 2006 No. 3

## RevocationN.I.

4.  The Animal By-Products (Identification) Regulations (Northern Ireland) 1999 F7 are hereby revoked.                  

F7S.R. 1999 No. 418

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 25th June 2014.

L.S.

Geraldine Fee

 A senior officer of the

Department of Agriculture and Rural Development

## Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (S.R. 2011 No. 124).

The Regulations—

require the immediate staining of certain animal by-products at a slaughterhouse, cutting plant, game handling establishment                                 or cold store; and                              

revoke the Animal By-Products (Identification) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 418).