Made | 1st December 2003 | ||
Coming into operation | 3rd December 2003 |
1. | Citation and commencement |
2. | Interpretation |
3. | Approvals, etc. |
4. | Category 1 material |
5. | Category 2 material |
6. | Category 3 material |
7. | Mixing mammalian and non-mammalian by-products |
8. | Collection, transportation and storage |
9. | Access to animal by-products |
10. | Restrictions on use |
11. | Pasture land |
12. | Intra-species recycling of fish |
13. | The competent authority |
14. | Approval of premises |
15. | Biogas and composting plants |
16. | Composting catering waste on the premises on which it originates |
17. | Processing and intermediate plants' own checks |
18. | Sampling at processing plants |
19. | Sampling at biogas and composting plants |
20. | Samples sent to laboratories |
21. | Laboratories |
22. | Placing on the market of processed animal protein and other processed products that could be used as feed material |
23. | Placing on the market of petfood, dogchews and technical products |
24. | Placing on the market of compost or digestion residues for use on agricultural land |
25. | Competent authority for Chapter V of the Community Regulation |
26. | Derogations regarding the use of animal by-products |
27. | Collection centres |
28. | Burial of pet animals |
29. | Burial in the event of a disease outbreak |
30. | Burning and burial of bees and apiculture products |
31. | Records |
32. | Records for consigning, transporting or receiving animal by-products |
33. | Records for burying or burning of animal by-products |
34. | Records for disposal or use on premises |
35. | Delivery records to be kept by operators of biogas and composting plants |
36. | Treatment records for biogas and composting plants |
37. | Records for approved laboratories |
38. | Records to be kept for consignments of compost or digestion residue |
39. | Grant of approvals |
40. | Suspension, amendment and revocation of approvals and registrations |
41. | Appeals |
42. | Notice requiring the disposal of animal by-products or catering waste |
43. | Cleansing and disinfection |
44. | Compliance with notices |
45. | Powers of entry |
46. | Obstruction |
47. | Penalties |
48. | Enforcement |
49. | Transitional measures |
50. | Amendments |
51. | Revocations |
Schedule 1 | Additional requirements for biogas and composting plants |
Schedule 2 | Testing Methods |
Schedule 3 | Transitional Measures |
Schedule 4 | Amendments to the Transmissible Spongiform Encephalopathy (Northern Ireland) Regulations 2002 |
Schedule 5 | Revocations |
(2) In these Regulations references to -
(3) Other expressions defined in the Community Regulation have the same meaning in these Regulations.
(4) The Interpretation Act (Northern Ireland) 1954[11] shall apply to these Regulations as it applies to an Act of the Assembly.
Approvals, etc.
3.
Any approval or authorisation given and any registration carried out or instructions or notice issued under these Regulations or the Community Regulation shall be in writing and may be made subject to such conditions as are necessary to -
(3) A person shall not bring any animal by-product (other than milk, colostrum, manure or digestive tract content) on to any premises where any farmed animal, or any other ruminant animal, pig or poultry, is kept, unless it has been -
(4) The preceding paragraph shall not apply to -
(5) A person shall not allow any animals to have access to material in a biogas or composting plant, provided that wild birds may have access to the material during the secondary and subsequent phase of composting.
(6) In this regulation "animal by-product" includes catering waste of all kinds, including catering waste to which the Community Regulation does not apply because of Article 1(2)(e) of that Regulation.
(7) This regulation does not prohibit feeding animal by-products to animals under Article 23(2) of the Community Regulation as enforced by regulation 26(3).
(8) A person who contravenes any provision of this regulation shall be guilty of an offence.
Restrictions on use
10.
Subject to regulation 12(1), a person who contravenes Article 22(1) of the Community Regulation shall be guilty of an offence.
Pasture land
11.
- (1) For the purposes of Article 22(1)(c) of the Community Regulation, pasture land is land that is intended to be used for grazing or cropping for feedingstuffs following the application or deposit of organic fertilisers and soil improvers within the following periods -
(2) A person who -
shall be guilty of an offence.
Intra-species recycling of fish
12.
- (1) Notwithstanding regulation 10, it shall not be an offence under these Regulations to feed fish with processed animal protein derived from the bodies or parts of bodies of fish (other than farmed fish of the same species) if this is done in accordance with Articles 2 to 4 of, and Annex I to, Commission Regulation (EC) No. 811/2003.
(2) The Department shall be the competent authority for the purposes of Article 5 of Commission Regulation (EC) No. 811/2003.
(3) In accordance with Article 10 of Commission Regulation (EC) No. 811/2003, this regulation shall not apply until 1st January 2004.
Approval of premises
14.
- (1) A person shall not operate any -
for the storage, processing, treatment, disposal or use of animal by-products unless the premises, the operator of the premises and any equipment are approved for that purpose in accordance with these Regulations and the Community Regulation.
(2) The operator of approved premises shall ensure that -
(b) any person employed by him, and any person invited to the premises complies with those conditions and requirements.
(3) The operator of a high capacity incineration plant shall dispose of the ash produced in that plant in accordance with Annex IV, Chapter VII, paragraph 4 of the Community Regulation in the same way as the operator of a low capacity incineration plant.
(4) A person shall not operate a boiler for incinerating tallow unless the boiler has been approved by the Department as having suitable facilities to incinerate the material.
(5) A person who contravenes any provision of this regulation shall be guilty of an offence.
Biogas and composting plants
15.
- (1) The provisions of Part I of Schedule 1 shall apply in a biogas or composting plant used for treating any animal by-products (including catering waste) in addition to the requirements of paragraphs 1 to 11 of Annex VI, Chapter II to the Community Regulation.
(2) In accordance with Article 6(2)(g) and Annex VI, Chapter II, paragraph 14 to the Community Regulation -
(3) A person who contravenes any provision of this regulation shall be guilty of an offence.
Composting catering waste on the premises on which it originates
16.
In accordance with Article 6(2)(g) and Annex VI, Chapter II, paragraph 14 of the Community Regulation, the provisions of that Chapter and of regulation 14(f) do not apply to the composting of Category 3 catering waste on the premises on which it originates provided that -
Processing and intermediate plants' own checks
17.
- (1) A person who contravenes Article 25(1) of the Community Regulation shall be guilty of an offence.
(2) A person who contravenes Article 25(2) of the Community Regulation shall be guilty of an offence.
(3) The operator of an intermediate or processing plant shall record any action taken in accordance with Article 25(2) of the Community Regulation and if he fails to do so he shall be guilty of an offence.
Sampling at processing plants
18.
- (1) If a processing plant is processing Category 1 or Category 2 material, and the processed material is to be sent to landfill (or, in the case of Category 2 material, a biogas or composting plant) the operator shall, once every week -
(2) In the case of Category 3 processing plants where the material is intended for use in feedingstuffs the operator shall -
(3) In the case of Category 3 processing plants, where the processed material is not intended for use in feedingstuffs the operator shall -
(4) A person who contravenes any provision of this regulation shall be guilty of an offence.
Sampling at biogas and composting plants
19.
- (1) In the case of approved biogas and composting plants the operator shall, at intervals specified in the approval, take a representative sample of material which has been treated to the time temperature parameters specified in Part II of Schedule 1 or the Community Regulation and send it for testing for Salmonella and Enterobacteriaceae (or, in the case of material derived from catering waste, Salmonella only) in a laboratory approved to carry out those tests.
(2) A person shall not consign any material from a biogas or composting plant until the results of the tests relating to that material carried out in accordance with paragraph (1) are received from the laboratory.
(3) In the event of tests carried out in accordance with paragraph (1) establishing that treated material does not comply with the limits in Annex VI, Chapter II, paragraph 15 to the Community Regulation, the operator shall -
(c) record the action taken in accordance with this regulation.
(4) A person who contravenes any provision of this regulation shall be guilty of an offence.
Samples sent to laboratories
20.
- (1) Whenever an operator of a plant sends a sample to a laboratory in accordance with this Part, he shall send with the sample the following information in writing -
(2) A person shall not tamper with a sample taken under these Regulations with intent to affect the result of the test.
(3) The operator shall keep a record of all results of laboratory tests to which this Part relates.
(4) A person who contravenes any provision of this regulation shall be guilty of an offence.
Laboratories
21.
- (1) The Department shall approve laboratories under this regulation to carry out one or more of the tests referred to in this regulation if it is satisfied that they have the necessary facilities, personnel and operating procedures to do so.
(2) In deciding whether to grant or continue an approval, the Department may require the laboratory to successfully undertake any quality control tests as it reasonably thinks fit.
(3) The operator of a laboratory approved under this regulation carrying out tests for the purposes of these Regulations or the Community Regulation shall do so in accordance with the following provisions, and if he fails to do so he shall be guilty of an offence.
(4) A test for Clostridium perfingens shall be carried out in accordance with the method in Schedule 2 or (if specified in the approval) with a method which conforms with ISO 7937/1997 (BS-EN 13401 1999) (Enumeration of Clostridium perfingens) or equivalent[15].
(5) A test for Salmonella shall be carried out in accordance with the method in Schedule 2 or (if specified in the approval) with a method which conforms with -
(6) A test for Enterobacteriaceae shall be carried out in accordance with the method in Schedule 2 or (if specified in the approval) with a method which conforms with ISO 7402/1993 (BS 5763: Part 10: 1993) (Enumeration of Enterobacteriaceae) or equivalent[17].
(7) Where tests are carried out for the detection of any of the following, the operator of a laboratory approved under this regulation shall immediately notify the Department and the operator of the premises if -
and if he fails to do so he shall be guilty of an offence.
(8) The operator of a laboratory approved under this regulation shall in relation to processed material notify the Department on the last day of each month of the number, type and results of tests carried out and if he fails to do so he shall be guilty of an offence.
(9) Reprocessing in accordance with Article 25(2)(c) and (d) of the Community Regulation shall be carried out under the supervision of the Department.
(10) If a sample has been sent to the approved laboratory from premises outside Northern Ireland for a test to which this regulation relates, the requirements in this regulation to notify the Department shall be construed as a requirement to notify the competent authority for the premises from which the sample was sent.
(3) The feeding of animal by-products specified in Article 23(2)(b) of the Community Regulation to -
is permitted if it is in accordance with an authorisation.
(4) The Department shall maintain a register of premises used for the feeding of such animal by-products to zoo or circus animals, dogs from recognised kennels or recognised packs of hounds and maggots for fishing bait.
(5) The register in the previous paragraph shall contain the following information -
(6) A person who uses animal by-products for any of the purposes in this regulation other than in accordance with an authorisation shall be guilty of an offence.
Collection centres
27.
- (1) For the purposes of Article 23(2) of the Community Regulation a person shall not operate a collection centre, as defined in Annex I of the Community Regulation, for the purposes of feeding animal by-products to -
unless the premises and the operator of the premises are authorised.
(2) The operator of the premises authorised in accordance with paragraph (1) shall -
(b) ensure that any person employed by him, and any person invited to the premises complies with these conditions and requirements.
(3) A person who contravenes any provision of this regulation shall be guilty of an offence.
Burial of pet animals
28.
In accordance with Article 24(1)(a) of the Community Regulation, dead pet animals may be buried.
Burial in the event of a disease outbreak
29.
- (1) In accordance with Article 24(1)(c) of the Community Regulation, if there is an outbreak of disease mentioned in List A of the International Office of Epizootic Diseases, on-site burning or burial (as defined in Part A of Annex II to Commission Regulation (EC) No. 811/2003) of animal by-products shall not be an offence if the animal by-product is transported, and buried or burnt, in accordance with -
(2) The Department shall be the competent authority for the purposes of Article 6 of and Part B of Annex II to Commission Regulation (EC) No. 811/2003.
Burning and burial of bees and apiculture products
30.
In accordance with Article 8 of Commission Regulation (EC) 811/2003, bees and Category 2 apiculture products may be disposed of by burial or burning on site if this is done in accordance with that Article.
and if he fails to do so he shall be guilty of an offence.
Treatment records for biogas and composting plants
36.
The operator of a biogas or composting plant treating catering waste or other animal by-products shall record -
and if he fails to do so he shall be guilty of an offence.
Records for approved laboratories
37.
The operator of a laboratory approved under regulation 21 receiving any sample for the purposes of these Regulations shall record -
and if he fails to do so he shall be guilty of an offence.
Records to be kept for consignments of compost or digestion residue
38.
- (1) Subject to paragraph (2), the occupier of premises on which ruminant animals, pigs or poultry are kept shall record -
and if he fails to do so he shall be guilty of an offence.
(2) The requirement in paragraph (1) to make records shall not apply in the case of any supply of compost or digestion residue for use at any premises used only as a dwelling.
(3) If the Department refuses to grant the approval, or approves it subject to a condition it shall by notice in writing served on the applicant for the approval -
Suspension, amendment and revocation of approvals and registrations
40.
- (1) The Department, by notice in writing served on the operator of any premises -
(2) A suspension or amendment under paragraph (1)(b) -
(3) The notice shall -
(4) Where there is an appeal under regulation 41, the amendment or suspension to which it relates shall not have effect until the final determination by the Department in accordance with that regulation unless the Department considers that it is necessary for the protection of public or animal health for the amendment or suspension to have immediate effect.
(5) The Department may, by notice in writing, revoke an approval to which a notice of suspension under paragraph (1) relates if, following an appeal (if any) in accordance with the following regulation, which upholds a suspension, it is satisfied, taking into account all the circumstances of the case, that the premises will not be operated in accordance with these Regulations and the Community Regulation.
Appeals
41.
- (1) A person on whom a notice is served under regulation 39(3) or 40(1) (in this regulation referred to as "the appellant") may within 21 days beginning with the day on which the notice is served -
(2) Where the appellant gives notice of his wish to appear before and be heard by an independent person the Department shall appoint such an independent person (in this regulation referred to as the "appointed person") to hear representations and shall specify a time limit within which representations must be made.
(3) The appointed person shall not, except with the consent of the appellant, be an officer of the Department.
(4) If the appellant so requests any hearing before an appointed person shall be in public.
(5) The appointed person shall report to the Department.
(6) If the appellant so requests, the Department shall furnish to him a copy of the report of the appointed person.
(7) The Department shall consider the report of the independent person and having done so shall decide whether taking account of all the circumstances of the case -
shall give to the appellant written notification of its final determination and the reasons for it.
Notice requiring the disposal of animal by-products or catering waste
42.
If an inspector considers it necessary for animal or public health purposes or if any provision of these Regulations or the Community Regulation is not being complied with, he may -
Cleansing and disinfection
43.
- (1) If an inspector reasonably suspects that any vehicle, container or premises to which these Regulations or the Community Regulation apply constitutes an animal or public health risk, he may serve a notice on the person in charge of the vehicle or container, or on the occupier of the premises, requiring the vehicle, container or premises to be cleansed and disinfected.
(2) The notice may -
Compliance with notices
44.
- (1) A notice served under these Regulations shall be complied with at the expense of the person on whom the notice is served, and if it is not complied with, an inspector may arrange for it to be complied with at the expense of that person.
(2) A person on whom a notice is served who contravenes the provisions of that notice shall be guilty of an offence.
Powers of entry
45.
- (1) An inspector shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours, to enter any premises (excluding any premises used only as a dwelling) for the purpose of administering and enforcing these Regulations and the Community Regulation.
(2) An inspector may -
(3) A person who defaces, obliterates or removes any mark applied under paragraph (2) shall be guilty of an offence.
(4) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
(5) In this regulation " premises" includes any vehicle or container.
Obstruction
46.
- (1) A person who -
shall be guilty of an offence.
(2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question if to do so might incriminate him.
Penalties
47.
- (1) A person guilty of an offence under these Regulations shall be liable -
(2) A prosecution for an offence under this regulation shall not be begun after the expiry of -
whichever is the earlier.
Enforcement
48.
These Regulations shall be enforced by the Department, or the Department of the Environment or a district council within its district.
Transitional measures
49.
- (1) Schedule 3 (transitional measures) shall have effect.
(2) Part I of Schedule 3 (intra-species recycling of fish) shall cease to have effect on 1st January 2004.
(3) Part II of Schedule 3 (collection, transportation and disposal of former foodstuffs) shall cease to have effect on 1st January 2006.
(4) Part III of Schedule 3 (used cooking oil in animal feed) shall cease to have effect on 1st November 2004.
(5) Part IV of Schedule 3 (disposal of mammalian blood) shall cease to have effect on 1st January 2005.
(6) Part V of Schedule 3 (oleochemical plants using rendered fats from Category 2 and Category 3 materials) shall cease to have effect on 1st November 2005.
(7) Part VI of Schedule 3 (low capacity incinerators) shall cease to have effect on 1st January 2005.
(8) Any laboratory authorised by the Department under Article 10 of the Animal By-Products Order (Northern Ireland) 2002[18] shall, notwithstanding the revocation of that Order, be deemed to be an approved laboratory for the purpose of regulation 21.
Amendments
50.
The Transmissible Spongiform Encephalopathy (Northern Ireland) Regulations 2002[19] are amended in accordance with the provisions of Schedule 4.
Revocations
51.
The provisions of the Orders specified in Schedule 5 are revoked.
Sealed with the Official Seal of the Department of Agriculture and Rural Development for Northern Ireland on
1st December 2003.
L.S.
Liam McKibben
A Senior Officer of the Department of Agriculture and Rural Development
(2) The clean area shall be adequately separated from the reception area and the area in which vehicles and containers are cleansed and disinfected so as to prevent contamination of the treated material. Floors shall be laid so that liquid cannot seep into the clean area from the other areas.
(3) The reception area shall be easy to clean and disinfect and shall have an enclosed and lockable place or container to receive and store the untreated animal by-products.
2.
The animal by-products shall be unloaded in the reception area and either -
3.
The plant shall be operated in such a way that -
4.
The operator shall identify, control and monitor suitable critical points in the operation of the plant to demonstrate that -
5.
Containers, receptacles and vehicles used for transporting untreated animal by-products shall be cleaned in the dedicated area before they leave the premises and before any treated material is loaded. In the case of vehicles transporting only untreated catering waste and not subsequently transporting treated material, only the wheels of the vehicle need be cleaned.
System | Composting in a closed reactor | Composting in a closed reactor | Composting in housed windrows |
Maximum particle size | 40 cm | 6 cm | 40 cm |
Minimum temperature | 60°C | 70°C | 60°C |
Minimum time spent at the minimum temperature | 2 days | 1 hour | 8 days (during which the windrow shall be turned at least 3 times at no less than 2 days intervals) |
System | Biogas in a closed reactor | Biogas in a closed reactor |
Maximum particle size | 5 cm | 6 cm |
Minimum temperature | 57°C | 70°C |
Minimum time spent at the minimum temperature | 5 hours | 1 hour |
Biogas plants
4.
The approval for a biogas plant shall specify one of the methods in the table and in addition require that either -
and incubated anaerobically at 37°C ± 1°C for 20 hours ± 2 hours.
17.
10 gram ± 1 gram portions of the rendered animal protein shall be placed aseptically in each of two sterile containers containing 90 ml ± 1 ml Buffered Peptone Water (BPW)[24] and mixed thoroughly until the samples are evenly suspended.
18.
One colony of Clostridium perfringens (16)(a) shall be placed in 10 ml ± 1 ml BPW and mixed to form an even suspension. 0.1 ml of the suspension shall be added to the suspension in the preceding paragraph. This shall be repeated for Escherichia coli (16)(b).
19.
These are then treated and examined in the same way as test samples. If no typical colonies are formed then that day's testing shall be invalid and shall be repeated.
23.
10 gram ± 1 gram portions of the rendered animal protein shall be placed aseptically in each of two sterile containers containing 90 ml ± 1 ml Buffered Peptone Water (BPW)[25] and mixed thoroughly until the samples are evenly suspended.
24.
One colony of Salmonella java (22)(a) shall be placed in 10 ml ± 1 ml BPW and mixed to form an even suspension. 0.1 ml of the suspension shall be added to the suspension in the preceding paragraph. This shall be repeated for Erwinia herbicola (22)(b).
25.
These are then treated and examined in the same way as test samples. If no typical colonies are formed then that day's testing shall be invalid and shall be repeated.
Day 2
26.
0.1 ml from the container of incubated BPW shall be inoculated into 10 ml ± 1 ml Rappaport-Vassiliadis Soya Broth (RVS broth)[26] and incubated at 41.5°C ± 0.5°C for 18 to 24 hours.
Day 3
27.
The RVS broth shall be plated out onto two 90 mm plates of Brilliant Green Agar (BGA)[27] or onto one 90 mm plate of BGA and one 90 mm plate of Xylose Lysine Deoxycholate Agar (XLD)[28] using a 2.5 mm diameter loop. The plates shall be inoculated with a droplet taken from the edge of the surface of the fluid by drawing the loop over the whole of one plate in a zig zag pattern and continuing to the second plate without recharging the loop. The space between the loop streaks shall be 0.5 cm-1.0 cm. The plates shall be incubated at 37°C ± 1°C for 18 to 24 hours.
28.
The residual RVS broth shall be reincubated at 41.5°C ± 0.5°C for a further 18 to 24 hours.
Day 4
29.
The plates shall be examined and a minimum of 3 colonies from each plate showing suspicion of Salmonella growth shall be subcultured -
These media shall be incubated at 37°C ± 1°C overnight.
30.
The reincubated RVS broth shall be plated out as described in paragraph 27.
Day 5
31.
The incubated composite media or equivalent shall be examined and the findings recorded, discarding cultures which are obviously not Salmonella. Slide serological tests shall be performed using Salmonella polyvalent "O" and polyvalent "H" (phase 1 and 2) agglutinating sera on selected suspect colonies collected from the nutrient agar or MacConkey agar plates. If reactions occur with one or both sera, a subculture of the colonies shall be sent to one of the Department's laboratories at either Agriculture, Food and Environmental Science Division, Newforge Lane, Belfast, BT9 5PX or, Veterinary Science Division, Stoney Road, Belfast, BT4 3SD, for further typing.
32.
The plates referred to in paragraph 30 shall be examined and further action taken as in paragraphs 29 and 31.
B. ELECTRICAL CONDUCTANCE METHOD
33.
Tests shall be begun on receipt of the samples or on the first working day which allows the following method to be completed. If the test is not begun on the day of receipt the sample shall be stored in a refrigerator until required. If the sample has been refrigerated it shall be removed from the refrigerator and stored at room temperature for at least one hour before the test is started.
Day 1
34.
Tests shall be carried out in duplicate using two 25 gram ± 1 gram portions of each sample submitted for testing. Each 25 gram ± 1gram sample shall be placed aseptically in a sterile container containing 225 ml ± 1 ml Buffered Peptone Water (BPW) [30] and incubated at 37°C ± 1°C for 18 to 24 hours.
Control Tests
35.
Control tests shall be carried out each day that a test is initiated using -
36.
10 gram ± 1 gram portions of the rendered animal protein shall be placed aseptically in each of two sterile containers containing 90 ml ± 1 ml Buffered Peptone Water (BPW)[31] and mixed thoroughly until the samples are evenly suspended.
37.
One colony of Salmonella java (35)(a) shall be placed in 10 ml ± 1 ml BPW and mixed to form an even suspension. 0.1 ml of the suspension shall be added to the suspension in the preceding paragraph. This shall be repeated for Erwinia herbicola (35)(b).
38.
These are then treated and examined in the same way as test samples. If no typical colonies are formed then that day's testing shall be invalid and shall be repeated.
Day 2
39.
The incubated BPW shall be added to Rappaport -Vassiliadis Soya (RVS) Broth in tubes to be inserted into electrical conductance cells. Detection of growth will utilise indirect impediometry as in the method of Donaghy and Madden (1993)[32]. For cells or tubes containing more than 5 ml (RVS) medium 0.2 ml of the BPW shall be added and for cells or tubes containing 5 ml or less (RVS) medium 0.1 ml of the BPW shall be added. Cells or tubes shall be connected to appropriate electrical conductance measuring equipment set to monitor and record changes in electrical conductance at 6 minute intervals over a 24 hour period. The temperature of cells and tubes shall be kept at 42°C ± 0.5°C.
Day 3
40.
At the end of the 24 hour period, the information recorded by the conductance measuring equipment shall be analysed and interpreted using criteria defined by the manufacturers of the equipment. Where a tube or cell is provisionally identified as being positive for Salmonella, the result shall be confirmed by subculturing the contents of the tube or cell onto two 90 mm plates of BGA or onto one 90 mm plate of BGA and one 90 mm plate of Xylose Lysine Deoxycholate Agar (XLD) using a 2.5 mm diameter loop. The plates shall be inoculated with a droplet taken from the edge of the surface of the fluid by drawing the loop over the whole of one plate in a zig zag pattern and continuing to the second plate without recharging the loop. The space between the loop streaks shall be 0.5 cm-1.0 cm. The plates shall be incubated at 37°C ± 1°C overnight.
Day 4
41.
The plates shall be examined and a minimum of 3 colonies from each plate showing suspicion of Salmonella growth shall be subcultured -
These media shall be incubated at 37°C ± 1°C overnight.
Day 5
42.
The incubated composite media or equivalent shall be examined and the findings recorded, discarding cultures which are obviously not Salmonella. Slide serological tests shall be performed using Salmonella polyvalent "O" and polyvalent "H" (phase 1 and 2) agglutinating sera on selected suspect colonies collected from the nutrient agar or MacConkey agar plates. If reactions occur with one or both sera, a subculture of the colonies shall be sent to one of the Department's laboratories at either Agriculture, Food and Environmental Science Division, Newforge Lane, Belfast, BT9 5PX, or Veterinary Science Division, Stoney Road, Belfast, BT4 3SD, for further typing.
46.
A 10 gram ± 1 gram portion of the rendered animal protein shall be placed aseptically in a sterile container containing 90 ml ± 1 ml BPW and mixed thoroughly until the sample is evenly suspended.
47.
One colony of Escherichia coli shall be placed in 10 ml ± 1 ml BPW and mixed to form an even suspension. Approximately 0.1 ml of the suspension shall be added to the suspension in the preceding paragraph.
48.
This is then treated and examined in the same way as test samples. If no typical colonies are formed then that day's testing shall be invalid and shall be repeated.
Inoculations
49.
For each portion of the sample 1 ml ± 0.1 ml of solution shall be transferred to a sterile 90 mm petri dish (in duplicate). The plates shall be labelled to identify the portion of sample they were taken from. 15 ml ± 1 ml of Violet Red Bile Glucose Agar (VRBGA)[33] at a temperature of 46°C ± 1°C shall be added to each petri dish and immediately gently mixed by swirling the dish with five clockwise and five anticlockwise circular movements.
50.
Once the agar has set, each agar plate shall be overlaid with a further 10 ml (approximately) of VRBGA at a temperature of 46°C ± 1°C. Once the overlay has set, the plates shall be inverted and incubated aerobically at 37°C ± 1°C for 20 hours ± 2 hours.
Samples with colonies of Enterobacteriaceae
51.
After incubation each set of duplicate plates shall be examined for colonies characteristic of Enterobacteriaceae (purple colonies 1-2 mm in diameter). All characteristic colonies on each plate shall be counted and the arithmetic mean of the duplicate plates taken.
The sample provisionally fails if either -
in which case the following procedure shall be followed to establish whether or not the colonies are Enterobacteriaceae.
52.
After counting the colonies, characteristic colonies shall be taken at random from the agar plates, the number being at least the square root of the colonies counted. Each of the colonies shall be subcultured onto a nutrient agar plate and incubated aerobically at 37°C ± 1°C for 20 hours ± 2 hours.
Examination of subcultures
53.
An oxidase test and a glucose fermentation test shall be performed on each of the five subcultured colonies. Colonies which are oxidase-negative and glucose fermentation-positive shall be considered to be Enterobacteriaceae.
54.
If not all of the colonies prove to be Enterobacteriaceae, the total count in paragraph 51 shall be reduced in proportion prior to establishing whether or not the sample should fail.
Approvals
3.
- (1) The Department shall approve -
(2) The approval shall only be granted if the collector or operator was collecting, treating or blending used cooking oils on 1st November 2002.
4.
The approval shall specify -
5.
- (1) Approval shall be suspended immediately if the conditions under which it was granted are no longer fulfilled.
(2) Once suspended, the approval shall only be reinstated subject to fulfilment of the requirements of the Community Regulation in their entirety.
General obligations
6.
- (1) Used cooking oil shall be collected, transported, stored, handled, treated and used in accordance with this Part.
(2) A person who contravenes sub-paragraph (1) shall be guilty of an offence.
(3) Any used cooking oil which does not comply with the provisions of this Part shall be disposed of as directed by notice by an inspector.
7.
Used cooking oil shall be -
Collection and transportation of used cooking oil
8.
- (1) Used cooking oil shall be collected and transported in lidded containers or leak proof vehicles and identified in such a way that the contents, even after mixing, are traceable to all the premises of origin.
(2) Collectors shall take all necessary measures to ensure that the used cooking oil collected is free from contamination by harmful substances.
(3) Reusable containers, and all reusable items of equipment or appliances that come into contact with used cooking oil, shall be cleaned, washed and disinfected after each use.
(4) Vehicles or containers which carry any material which could contaminate the used cooking oil shall be thoroughly cleansed and disinfected before they are used to carry used cooking oil.
Approved premises and the operation of blending premises
9.
The operator of approved premises shall ensure that the premises comply with, and are operated in accordance with, the provisions of this Part.
10.
- (1) Before mixing with other oil, operators of blending premises must in addition ensure that each batch of used cooking oil is tested to ensure compliance with the standards in paragraph 16. A batch shall be no greater than 30 tonnes.
(2) Collectors and operators of approved premises shall ensure that used cooking oil that does not comply with the standards in paragraph 16 is not used for animal feed.
Approved premises
11.
- (1) Approved premises shall be constructed in such a way that they are easy to clean and disinfect.
(2) Unauthorised persons and animals shall not have access to the premises.
(3) The premises shall have adequate facilities for cleaning and disinfecting the containers or receptacles in which used cooking oil is received and, where appropriate, the vehicles in which it is transported.
(4) The premises shall have adequate lavatories and washing facilities for staff.
(5) The premises shall have a covered space, clearly marked, to receive used cooking oil.
(6) Where appropriate, the premises shall have a separate storage area for any used cooking oil that is not suitable for use in animal feed.
(7) Tanks shall be sealed with vents located and screened in a manner that prevents entry by contaminants or pests.
(8) Pipework shall be sealed when not in use.
Operators' own-checks
12.
- (1) Operators of approved premises shall adopt all measures necessary to comply with the requirements of this Part.
(2) They shall put in place, implement and maintain a procedure developed in accordance with the principles of the system of hazard analysis and critical control points (HACCP).
(3) They shall in particular -
13.
- (1) The operator of approved blending premises shall carry out checks and take samples for the purposes of checking compliance with the standards in paragraph 16.
(2) Where the results of a check or a test show that the used cooking oil does not comply with the provisions of this Part, the operator shall -
14.
- (1) The operator shall record the results of the checks and tests.
(2) The operator shall keep a sample of each consignment of used cooking oil despatched from the premises and shall keep it for at least six months.
Hygiene requirements in approved premises
15.
- (1) Containers, receptacles and, where appropriate, vehicles used for transporting used cooking oil shall be cleaned in a designated area.
(2) Preventive measures against birds, rodents, insects or other vermin shall be taken systematically.
(3) Used cooking oil intended for use in animal feed shall not be stored in the same area as used cooking oil which is not suitable for use in animal feed or products which may pose a risk to animal or human health.
(4) Cleaning procedures shall be established and documented for all parts of the premises.
(5) Hygiene control shall include regular inspections of the environment and equipment.
(6) Inspection schedules and results shall be recorded.
(7) Installations and equipment shall be kept in a good state of repair.
(8) Measuring equipment shall be calibrated at least once a year.
(9) Tanks and pipes shall be cleaned internally at least once a year or when there is build-up of water and physical contaminants.
(10) Treated used cooking oil must be handled and stored in such a way as to preclude contamination.
Specification for used cooking oil for use in animal feed
16.
- (1) Used cooking oil shall meet the following minimum standards before use in animal feed.
(2) Physical contamination:
(3) Presence of mineral oil: absence.
(4) Presence of oxidised fatty acids: >88% Elutable Fatty acid content.
(5) Presence of pesticide residues: complies with Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed[38].
(6) Presence of PCBs: <100ppb for the 7 main congeners[39].
(7) Presence of Salmonella: absence.
(8) Presence of animal fat:
Commercial documents
17.
- (1) Commercial documents may be in written or electronic form.
(2) A written commercial document or a printout of an electronic document shall accompany the consignment of used cooking oil during transportation.
(3) The producer, receiver and carrier shall each retain a copy of a written commercial document or, for electronic information, a printout of that information.
(4) Commercial documents shall contain the following information -
Records
18.
- (1) A person consigning, transporting or receiving used cooking oil shall keep a record containing the information specified in the commercial document.
(2) For used cooking oil which is suitable for use in animal feed, the records shall in addition provide for full traceability of the oil from the premises of origin to its incorporation into animal feed.
(3) For used cooking oil which is not suitable for use in animal feed, the person consigning the oil for disposal shall in addition keep a record showing the method and place of disposal and the date the oil was consigned for disposal.
List of premises
19.
- (1) The Department shall maintain a list of the names and addresses of approved:
(2) Each collector and operator of approved premises shall be assigned an official identification number.
(3) The Department shall make this list publicly available.
and if he fails to do so he shall be guilty of an offence.
5.
In the case of a breakdown or malfunction, the operator must reduce or close down operations as soon as practicable until normal operations can be resumed, and if he fails to do so he shall be guilty of an offence.
4.
After regulation 34 there shall be inserted -
5.
For regulation 40 there shall be substituted the following regulation -
6.
- (1) In regulations 57(3) and (5) and 60(5) the words "and Schedule 6" shall be deleted.
(2) In regulations 60(1), 61(1) and 71(2) the words "or Schedule 6" shall be deleted.
7.
For regulation 102(1) there shall be substituted the following regulation -
8.
For Schedule 5 (Application of Part IV of the Regulations to scheme animals) there shall be substituted the following Schedule -
Provision of the regulations | Extent to which the provision applies to scheme animals |
Regulation 33(3) | Not applicable. |
Regulation 33(4) | Subject to the modification that from the point at which specified risk material derived from a scheme animal is removed from the slaughterhouse, it may come into contact with any other animal material from such an animal. |
Regulation 34 | Not applicable. |
Regulation 39(3)(b) | Not applicable. |
Regulation 57 | Not applicable.". |
Brucellosis Control Order (Northern Ireland) 1972[43] | In Article 16(4) the words "(a) bury the foetus and cleansings within ground; and (b)" |
Diseases of Animals (Northern Ireland) Order 1981[44] |
(1) Article 40 (1) and in paragraphs (2) and (3) the words "buried or" wherever they occur (2) Article 52(2)(l) |
The Dogs (Northern Ireland) Order 1983[45] | Article 32 |
The Animal By-Products Order (Northern Ireland) 2002 | The whole Order |
Provision in Northern Ireland for the administration and enforcement of measures in the Community Regulation in relation to export and trade between member States is intended to be made by a separate Rule.
The Regulations provide as follows.
It is a specific offence to categorise, collect, transport, dispose, store, process or use, Category 1, Category 2 or Category 3 material other than in accordance with the Community Regulation (regulations 4, 5 and 6).
It is a specific offence to collect, transport, identify or store animal by-products other than in accordance with the Community Regulation. (regulation 8).
Feeding unprocessed animal by-products to farmed animals is prohibited and access by such animals to animal by-products is controlled (regulation 9).
Regulation 10 enforces the restrictions on use of animal by-products in Article 22 of the Community Regulation. This includes intra-species re-cycling, feeding catering waste to farm animals and the application of organic fertilisers on to pasture land. Regulation 11 defines pasture land.
Regulation 12 permits the intra-species re-cycling of fish after 1st January 2004. Until then it is permitted by a transitional measure in Part VI of Schedule 4.
Regulations 13 to 16 provide for the approval of premises for the different types of treatment of animal by-products. Regulation 16 provides that composting on premises where the composted material originated do not need approval if the conditions of that regulation are complied with.
Regulations 17 to 21 provide for checks at plants, sampling and approved laboratories.
Regulations 22 to 24 regulate the placing on the market of various processed animal by-products.
Regulations 25 to 27 provide derogations relating to the use of animal by-products for taxidermy and feeding certain specified animals.
Regulation 28 permits the burial of pet animals.
Regulations 29 and 30 provide for burial or burning in the event of a disease outbreak and for burning or burial of bees and apiculture products.
Regulations 31 to 38 provide for record keeping.
Regulations 39 to 41 provide for applications for approvals, the suspension or revocation of approvals and an appeal against a notice to amend, suspend or revoke an approval.
Under Regulations 42 to 44 an inspector can serve a notice requiring the disposal of animal by-product or catering waste and requiring cleansing and disinfection of any vehicle, container or premises. Any notice served under these Regulations shall be complied with at the expense of the person on whom the notice is served.
Regulations 45 to 47 provide powers of entry, an offence of obstructing an inspector, penalties and enforcement arrangements.
Regulations 49 to 51 provide for transitional measures, amendments and revocations.
Schedule 1 makes provision for biogas and composting plants and Schedule 2 provides for testing methods.
Schedule 3 contains transitional provisions relating to intra-species re-cycling of fish, disposal of former foodstuffs, used cooking oils in animal feed, disposal of mammalian blood, oloechemical plants and low capacity incinerators.
Schedules 4 and 5 contain consequential amendments and revocations.
[3] O.J. No. L273, 10.10.2002, p. 1back
[4] O.J. No. L117, 13.5.2003, p. 1back
[5] O.J. No. L117, 13.5.2003, p. 14back
[6] O.J. No. L117, 13.5.2003, p. 22back
[7] O.J. No. L117, 13.5.2003, p. 24back
[8] O.J. No. L117, 13.5.2003, p. 30back
[9] O.J. No. L117, 13.5.2003, p. 42back
[10] O.J. No. L117, 13.5.2003, p. 44back
[12] Chapter VII was added to Annex IV by Commission Regulation (EC) No. 808/2003back
[13] These paragraphs were added by Commission Regulation (EC) No. 808/2003back
[14] O.J. No. L182 16.7.1999, p. 4back
[15] Published by the British Standards Institute, British Standards House, 389 Chiswick High Road, London W4 4ALback
[16] Published by the Nordic Committee on Food Analysis, National Veterinary Institute, Department of Food and Hygiene, PO Box 8156, N-0033, Oslo, Norwayback
[17] Published by the British Standards Institute; see aboveback
[20] E-Y free TSC agar - See Hauschild, and Hilsheimer, R (1974) Applied Microbiology 27: 78-82back
[21] Motility nitrate medium - See Hauschild AHW, Gilbert RJ, Harmon SM, O'Keefe MF, Vahlefeld R, (1997) ICMSF Methods Study VIII, Canadian Journal of Microbiology 23, 884-892. National Research Council of Canada, Ottawa ON K1A OR6, Canadaback
[22] Lactose gelatine medium - See Hauschild AHW, Gilbert R J, Harmon S M, O'Keefe MF, Vahlefeld R, (1997) ICMSF Methods Study VIII, Canadian Journal of Microbiology 23, 884-892back
[23] The National Collection of Type Cultures, Central Public Health Laboratory, 61 Colindale Avenue, London NW9 5HT.back
[24] Buffered Peptone Water - See Edel, W. and Kampelmacher, E.H. (1973) Bulletin of World Health Organisation, 48: 167-174, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerland (ISSN 0042-9686)back
[25] Buffered Peptone Water - See Edel, W. and Kampelmacher, E.H. (1973) Bulletin of World Health Organisation, 48: 167-174, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerland (ISSN 0042-9686)back
[26] Van Schothurst M., Renauld A., and Van Beek C. (1987) Food Microbiology 4: 11-18.back
[27] Brilliant Green Agar - See Edel, W and Kampelmacher, E.H. (1969) Bulletin of World Health Organisation, 41:297-306, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerland (ISSN 0042-9686).back
[28] Xylose Lysine Deoxycholate Agar - See Taylor, W.I. (1965) American Journal of Clinical Pathology, 44:471-475, Lippincott and Raven, 227 E. Washington Street Philadelphia PA19106, USAback
[29] MacConkey aga - See (1963) International Standards for Drinking Water, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerlandback
[30] Buffered Peptone Water - See Edel, W. and Kampelmacher, E. H. (1973) Bulletin of World Health Organisation, 167-174, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerland (ISSN 0042-9686)back
[31] Buffered Peptone Water - See Edel, W. and Kampelmacher, E. H. (1973) Bulletin of World Health Organisation, 167-174, World Health Organisation Distribution and Sales, CH-1211, Geneva 27, Switzerland (ISSN 0042-9686)back
[32] Donaghy and Madden - See Donaghy, J. A. and Madden R. H. (1993) International Journal of Food Microbiology. 17; 281-288back
[33] Violet Red Bile Glucose Agar - See Mossel, D.A.A., Eelderink, I. Koopmans, M., van Rossem, F. (1978) Laboratory Practice 27 No. 12 1049-1050; Emap Maclaren, PO Box 109, Maclaren House, 19 Scarbrook Road, Croydon CR9 1QH.back
[34] An arithmetic mean of 30 is equivalent to 3 × 10 2 colony forming units per gramme of original sampleback
[35] This Part of the Schedule enforces Article 1 of Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures, (O.J. No. L117, 13.5.2003, p. 14)back
[36] This Part of the Schedule enforces Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs, (O.J. No. L117, 13.5.2003, p. 22)back
[37] This Part of the Schedule enforces Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oils, O.J. No. L117, 13.5.2003, p. 24back
[38] O.J. No. L140, 30.5.2002, p. 10back
[39] ICES 7 polychlorinated biphenylsback
[40] This Part of the Schedule implements Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood, (O.J. No. L117, 13.5.2003, p. 30)back
[41] This Part of the Schedule implements Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants, O.J. No. L117, 13.5.2003, p. 42back
[42] This Part of the Schedule implements Commission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcases containing them, O.J. No. L117, 13.5.2003, p. 44back
[43] S.R. 1972 No. 94 to which there are amendments not relevant to these Regulationsback
[44] S.I. 1981/1115 (N.I. 22) to which there are amendments not relevant to these Regulationsback
[45] S.I. 1983 No. 764 (N.I. 8) to which there are amendments not relevant to these Regulationsback