S.I. No. 396/1996:

EUROPEAN COMMUNITIES (KNACKERY) REGULATIONS, 1996

EUROPEAN COMMUNITIES (KNACKERY) REGULATIONS, 1996

I, Ivan Yates, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Decision No. 95/348/EC⁽¹⁾ of 22 June 1995, hereby make the following Regulations:--

⁽¹⁾ O.J. No. L202 of 26.8.1995, p.8

1. (1) These Regulations may be cited as the European Communities (Knackery) Regulations, 1996.

(2) These Regulations shall come into operation on the thirty first day of December 1996.

2. (1) In these Regulations --

"authorised officer" means an officer of the Minister appointed by the Minister to be an authorised officer for the purposes of these Regulations;

"the Council Decision" means Council Decision No. 95/348/EC of 22 June 1995;

"knackery" means any premises used for and in connection with the collection, delivery, supply, slaughter, storage, skinning or cutting up of animals or parts of animals which are not intended for human consumption and "knackery" shall include any premises which are used:

( a ) as a knacker's yard, or

( b ) for the cutting up of dead animals, for sale as dog or pet food, or

( c ) as a kennels where dead animals or parts thereof are fed to hounds, or

( d ) as a dead animal collection depot, or

( e ) for hide removal,

but shall not include a premises or establishment approved or registered under the European Communities (Disposal, Processing and Placing on the Market of Animal By-Products) Regulations, 1994 ( S.I. No. 257 of 1994 ) or a premises registered under the Diseases of Animals (Feeding and Use of Swill) Orders, 1985 and 1987 ( S.I. No. 133 of 1987 );

"the Minister" means the Minister for Agriculture, Food and Forestry;

"premises" includes any land and any buildings, structures or private dwellings.

(2) A word or expression that is used in these Regulations and is also used in the Council Decision has, unless the contrary intention appears, the meaning in these Regulations as it has in the Council Decision.

(3) In these Regulations --

( a ) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other provision is intended;

( b ) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3. A person shall not use any premises as a knackery unless the knackery has been licensed by the Minister in accordance with these Regulations.

4. (1) The Minister may, on application, license a premises to operate as a knackery provided he is satisfied that such premises complies with the conditions laid down in Regulation 7.

(2) A licence granted under this Regulation shall relate to the owner of the knackery who originally applied for the licence. The licence shall cease in the event of the knackery being sold, leased, ceasing trading or operation, or in the event of the death of the owner or the owner being adjudged bankrupt.

5. (1) The Minister shall establish and maintain a register of knackery licences granted by him under these Regulations which shall include:

( a ) the full name, address and description of the holder of the licence;

( b ) an exact description of the location and the limits and extent of the knackery to which the licence relates;

( c ) the date on which the licence was issued;

( d ) such other particulars of, or in respect of, the licence or of the knackery to which it relates as the Minister may, from time to time, direct.

(2) Whenever a knackery licence is altered or revoked, there shall be entered in the register such particulars of the alteration or revocation, as the case may be, as the Minister may from time to time, direct.

(3) A certificate purporting to be under the hand of an officer, authorised by the Minister in that behalf, of the Minister that a knackery specified in the certificate is not entered in the register shall, until the contrary is proved, be evidence of the matters so certified and it shall not be necessary to prove the signature of such officer, or that he was such an officer, or that he was in fact so authorised.

6. A person transporting animal waste to or from a knackery shall ensure that: --

(1) The animal waste is collected and transported to and from knackeries in suitable containers or vehicles in such way as to prevent leakage. The containers or vehicles are adequately covered.

(2) Vehicles, tarpaulin covers and reusable containers are maintained in a clean condition.

(3) In the case of delivery to a knackery the person transporting the animal waste must give a record of each consignment to the knackery owner and ensure that identifying documentation accompanies the animal waste during its journey. Such records and identifying documentation must be retained by the knackery owner and must show:

( a ) the date on which the animal waste was removed;

( b ) the quantity, description and source of the animal waste and the name and address of its owner and details of the ear tags in the case of cattle;

( c ) the destination to which the animal waste was delivered;

( d ) the name and address of the person who transported the animal waste;

( e ) any other relevant information and documentation requested by an authorised officer.

7. The owner of a licensed knackery, or an applicant for a knackery licence, shall, subject to Regulation 11(1), ensure that:

( a ) the premises of the knackery is adequately separated from the public highway and other premises such as slaughterhouses;

( b ) the premises has a clean and an unclean section, adequately separated. The unclean section must have a covered place to receive the animal waste and must be constructed in such a way that it is easy to clean and disinfect. Floors must be laid in such a way as to facilitate the draining of liquids. The premises must have adequate lavatories, changing rooms and washbasins for staff;

( c ) to prevent recontamination of the processed animal waste material by incoming animal waste, there is clear separation between the area of the plant where the incoming animal waste is unloaded, and the area set aside for its further processing or storage;

( d ) the premises has adequate facilities for cleaning and disinfecting the containers or receptacles in which animal waste is received and the vehicles in which it is transported;

( e ) adequate facilities are provided for disinfecting the wheels of vehicles leaving the premises;

( f ) a waste-water disposal system meeting hygiene requirements is operational at the premises;

( g ) animal waste is processed as soon as possible after arrival. It must be stored properly until processed;

( h ) containers, receptacles and vehicles used for the transport of animal waste are cleaned, washed and disinfected after each use;

( i ) preventive measures against birds, rodents, insects or other vermin are taken systematically;

( j ) installations and equipment are kept in a good state of repair;

( k ) hides are salted using sodium chloride;

( l ) the finished products are handled and stored at the premises in such a way as to preclude recontamination;

( m ) after treatment the processed animal waste is packaged before distribution and sale and that the packaging includes the name and address of the knackery and is clearly and legibly marked "not for human consumption".

8. Animal waste must be either:

( a ) denatured with the solution of an approved colouring agent in preparation for processing; the solution to be of such a strength that the colouring on the stained meat is clearly visible, and that the whole surface of all pieces of meat have been covered with a solution as aforesaid either by immersing the meat in, or spraying or otherwise applying, the solution; or

( b ) sterilised, that is to say, boiled or steamed under pressure until every piece of meat is cooked throughout.

9. All processed animal waste must be marketed nationally and cannot be exported.

10. (1) The owner of a knackery shall keep records:

( a ) in the manner outlined in Regulation 6(3) of all animal waste which is collected for delivery or delivered to the knackery;

( b ) and in the case of animals, every record shall include the following --

(i) the name and address of the owner of the animal and the lands or place on which the animal was maintained immediately prior to its debility, casualty or death;

(ii) the species and, in the case of cattle, the numbers of the ear tags;

(iii) the date on which the animal was collected and delivered to the knackery;

( c ) of the manner of disposal of dead animals or parts thereof and the name and address of each person to whom they were sold or disposed of and the business carried on by that person; and in any case, such other particulars as an authorised officer shall direct to be included.

(2) Records kept and maintained by a knackery owner for the purposes of these Regulations shall be readily available at the knackery and shall be produced for inspection at all reasonable times on request by an authorised officer. Records must be retained for a minimum period of 2 years.

11. (1) The Minister may attach conditions, as he sees fit, to a licence granted under Regulation 4, may amend or revoke a condition attached to the licence and shall notify the owner of the knackery concerned in writing of the conditions, amendment or revocation concerned.

(2) The Minister may, if he is satisfied that the relevant provisions of these Regulations are not being complied with in relation to a knackery, refuse to license the knackery and shall notify the owner of the knackery in writing of the refusal and the reason for such refusal.

(3) In the event of continued non compliance with these Regulations or failure by the owner of a licensed knackery to take the measures required under these Regulations the Minister may either temporarily suspend or revoke the licence.

(4) The Minister shall not:

( a ) revoke or suspend a licence granted under Regulation 4, or

( b ) refuse to licence a knackery on foot of an application, without --

(i) notifying the holder of, or applicant for, the licence of his intention to revoke or suspend or refuse the licence as the case may be; and

(ii) specifying his reason for the intended revocation or suspension or refusal, as the case may be; and

(iii) affording the holder of, or the applicant for, the licence an opportunity of making representations or having representations made on his behalf within 14 days, to the Minister in relation to the proposed revocation or suspension or refusal, as the case may be.

(5) Where a licence under Regulation 4 in respect of a knackery is suspended or revoked, the owner of that knackery shall not produce, place on the market, supply, sell or use products originating from that knackery subsequent to the date of revocation or suspension, as the case may be, except with the approval of the Minister.

(6) The Minister may restore a licence, if approval has been suspended in accordance with paragraph (3), in instances where:

( a ) the owner or person in charge of the suspended knackery has rectified the shortcomings notified to him by the Minister, and

( b ) the tests or checks carried out by an authorised officer confirm the safety of the animal waste emanating from the suspended knackery, and

( c ) the Minister is satisfied that the suspended knackery will fully comply with the requirements of Regulation 7.

12. (1) The Minister may appoint such and so many persons as he thinks fit to be authorised officers for the purposes of these Regulations.

(2) An authorised officer shall be furnished with a warrant of his appointment by the Minister as an authorised officer and when exercising any power conferred on him by these Regulations such officer shall, if required by any person affected, produce the warrant to that person.

(3) An authorised officer may at all reasonable times enter a knackery licensed under these Regulations or for which an application for a licence has been received for the purposes of carrying out inspections and supervision as required by these Regulations.

(4) An authorised officer may at all reasonable times enter a licensed knackery or any other premises or place in which he has reasonable grounds for believing that animal waste, meat or other products of animal origin are being produced in contravention of these Regulations.

(5) An authorised officer shall have at all times free access to all parts of a knackery and to accounting or other documents which enable the premises of origin of the animal waste to be traced and for any other purpose of these Regulations.

(6) An authorised officer may:

( a ) make such examinations, tests and inspections at all stages of processing and on any animal waste, and

( b ) inspect, take or take copies of or extracts from any books, documents, or other records as he finds in the course of his inspection, and

( c ) take such reasonable samples of any animal waste, meat or other product of animal origin, which he finds in the course of his inspection,

as he may consider appropriate for the purposes of these Regulations.

(7) The owner of a licensed knackery shall make available for inspection by an authorised officer all animals, dead animals or parts thereof, records, eartags, machinery, equipment, instruments, containers, fittings, vehicles and all parts of the premises as may be requested by such officer for inspection.

(8) Such facilities and assistance, including information, as may be requested by an authorised officer shall be provided by the owner of a knackery.

13. (1) An offence under these Regulations may be prosecuted by the Minister.

(2) Any person who contravenes a provision of these Regulations shall be guilty of an offence.

(3) Any person who obstructs or otherwise interferes with an authorised officer in exercise of a power conferred on him by these Regulations shall be guilty of an offence.

14. A person guilty of an offence under these Regulations shall be liable, on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

GIVEN under my Official Seal, this 19th day of December 1996.

Ivan Yates,

Minister for Agriculture, Food and Forestry.

EXPLANATORY NOTE

These Regulations implement Council Decision (95/348/EC) of 22 June 1995, and provide for the licensing and registering of knackery premises. They lay down the rules applicable to the collection, treatment and disposal of animal waste to be used as feedstuffs for animals not intended for human consumption.