The Animal By-Products (Enforcement) (Scotland) Regulations 2011

Made: 1st March 2011

Laid before the Scottish Parliament: 3rd March 2011

Coming into force: 4th March 2011

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PART 1 — Introduction

Citation, commencement and extent

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Interpretation

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PART 2 — The competent authority and miscellaneous provisions

The competent authority

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Access in relation to the prohibitions in Article 11(1)(a), (b) or (d) of the EU Control Regulation

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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 Regulation

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

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

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

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PART 3 — Registration and approval

Procedure for registration of plants and establishments

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Notifications of competent authority in respect of registration

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Procedure for application for approval

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Notification in respect of decisions on approval

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Reasons for decisions

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Appeals procedure

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PART 4 — Offences and penalties

Offence in respect of EU Control Regulation

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Offence of obstruction

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Offences by bodies corporate, Scottish partnerships and unincorporated associations

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Penalties

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PART 5 — Enforcement

Enforcement authority

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Authorised person

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Powers of authorised person

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Powers of entry and additional powers

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Warrant

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Notices served by an authorised person

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Power to share information for enforcement purposes

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PART 6 — Consequential amendments

Consequential amendments

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PART 7 — Revocations and saving and transitional provisions

Revocations

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Saving provisions

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Small quantities transitional provision

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SCHEDULE 1 — Animal by-product requirements

Column 1	Column 2	Column 3
Subject matter of requirement	Provision(s) containing the basic requirement	Provisions to be read with the provision(s) mentioned in column 2
1.General Obligation	Article 4(1) or (2) of the EU Control Regulation	Article 5(1) and (2) of the EU Control Regulation as read with Article 3 of the EU Implementing Regulation (end point in the manufacturing chain for certain derived products)
1.General Obligation		Article 5(1) and (2) of the EU Control Regulation as read with Article 3 of the EU Implementing Regulation (end point in the manufacturing chain for certain derived products)
1.General Obligation		Article 5(1) and (2) of the EU Control Regulation as read with Article 3 of the EU Implementing Regulation (end point in the manufacturing chain for certain derived products)
2.Compliance with general animal health restrictions	Article 6(1) of the EU Control Regulation	Article 6(1) of the EU Control Regulation and Article 4 of the EU Implementing Regulation (serious transmissible diseases)
3.Compliance with restrictions on use for feeding purposes	Article 11 of the EU Control Regulation	Regulations 4 and 5 (access of farmed animals to animal by-products) and 7(2) of these Regulations (subject to regulation7(3)) (additional waiting period for pigs)
3.Compliance with restrictions on use for feeding purposes	Article 11 of the EU Control Regulation
3.Compliance with restrictions on use for feeding purposes	Article 11 of the EU Control Regulation	Article 11(2) of the EU Control Regulation as read with Article 5(1) of the EU Implementing Regulation (restrictions on use in respect of Article 11(1)(a) of the EU Control Regulation); and Article 5(2) of that Regulation (restrictions on use in respect of Article 11(1)(c) of the EU Control Regulation)
3A.Restrictions on carcases	Articles 12, 13 and 21(1) of the EU Control Regulation	Regulation 6 of these Regulations (restrictions on access to carcases)
4.Disposal and use of Category 1 material	Article 12 of the EU Control Regulation as read with the following provisions of Article 16 (derogations) of that Regulation:—	Article 15(1)(b) of the EU Control Regulation as read with Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments) and Article 9(b) of that Regulation (standard processing methods)
4.Disposal and use of Category 1 material
4.Disposal and use of Category 1 material	Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article18(2));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20); and Article7 of the EU Implementing Regulation	Article 15(1)(d) of the EU Control Regulation as read with Article 6(3) to (5) of the EU Implementing Regulation (disposal by incineration in respect of Article 12(a) or (b) of the EU Control Regulation)
4.Disposal and use of Category 1 material	Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article18(2));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20); and Article7 of the EU Implementing Regulation
4.Disposal and use of Category 1 material	Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article18(2));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20); and Article7 of the EU Implementing Regulation	Article 17(2) of the EU Control Regulation as read with Article 11(2) of the EU Implementing Regulation (special rules on research and diagnostic samples) and Article12(2) (special rules on trade samples and display items) of that Regulation
4.Disposal and use of Category 1 material	Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article18(2));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20); and Article7 of the EU Implementing Regulation
4.Disposal and use of Category 1 material	Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article18(2));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20); and Article7 of the EU Implementing Regulation	Article19(4) of the EU Control Regulation as read with Article15 of the EU Implementing Regulation (collection, transport and disposal)
4.Disposal and use of Category 1 material	Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article18(2));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20); and Article7 of the EU Implementing Regulation
4.Disposal and use of Category 1 material	Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article18(2));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20); and Article7 of the EU Implementing Regulation	Article 20(11) of the EU Control Regulation as read with Article 9(c) of the EU Implementing Regulation (alternative processing methods)
5.Disposal and use of Category 2 material	Article 13 of the EU Control Regulation, as read with—	Article 15(1)(b) of the EU Control Regulation as read with Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments) and Article 9(b) of that Regulation (standard processing methods);
5.Disposal and use of Category 2 material		Article 15(1)(b) of the EU Control Regulation as read with Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments) and Article 9(b) of that Regulation (standard processing methods);
5.Disposal and use of Category 2 material	Article 15(2)(b) of the	Article 15(1)(b) of the EU Control Regulation as read with Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments) and Article 9(b) of that Regulation (standard processing methods);
5.Disposal and use of Category 2 material	EU Control	Article 15(1)(b) of the EU Control Regulation as read with Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments) and Article 9(b) of that Regulation (standard processing methods);
5.Disposal and use of Category 2 material	Regulation and the following provisions of Article 16 (derogations) of that Regulation:—Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article 18(1));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20);Article 16(f) (disposal and use for the preparation and application of bio-dynamic preparations); and Article 16(h) (disposal and use of as a result of surgery on a farm)	Article 15(1)(c) of the EU Control Regulation as read with Article 10(1) of the EU Implementing Regulation (requirements regarding transformation into biogas and composting in respect of Article 13(e) or (f) of the EU Control Regulation)
5.Disposal and use of Category 2 material	Regulation and the following provisions of Article 16 (derogations) of that Regulation:—Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article 18(1));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20);Article 16(f) (disposal and use for the preparation and application of bio-dynamic preparations); and Article 16(h) (disposal and use of as a result of surgery on a farm)
5.Disposal and use of Category 2 material	Regulation and the following provisions of Article 16 (derogations) of that Regulation:—Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article 18(1));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20);Article 16(f) (disposal and use for the preparation and application of bio-dynamic preparations); and Article 16(h) (disposal and use of as a result of surgery on a farm)	Article 15(1)(d) of the EU Control Regulation as read with Article 6(3) to (5) of the EU Implementing Regulation (disposal by incineration in respect of Article 13(a) or (b) of the EU Control Regulation)
5.Disposal and use of Category 2 material	Regulation and the following provisions of Article 16 (derogations) of that Regulation:—Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article 18(1));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20);Article 16(f) (disposal and use for the preparation and application of bio-dynamic preparations); and Article 16(h) (disposal and use of as a result of surgery on a farm)
5.Disposal and use of Category 2 material	Regulation and the following provisions of Article 16 (derogations) of that Regulation:—Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article 18(1));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20);Article 16(f) (disposal and use for the preparation and application of bio-dynamic preparations); and Article 16(h) (disposal and use of as a result of surgery on a farm)	Article17(2) of the EU Control Regulation as read with Article11(2) of the EU Implementing Regulation (special rules on research and diagnostic samples) and Article12(2) (special rules on trade samples and display items) of that Regulation
5.Disposal and use of Category 2 material	Regulation and the following provisions of Article 16 (derogations) of that Regulation:—Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article 18(1));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20);Article 16(f) (disposal and use for the preparation and application of bio-dynamic preparations); and Article 16(h) (disposal and use of as a result of surgery on a farm)
5.Disposal and use of Category 2 material	Regulation and the following provisions of Article 16 (derogations) of that Regulation:—Article 16(b) (disposal in accordance with Article 17);Article 16(c) (disposal in accordance with Article 18(1));Article 16(d) (disposal in accordance with Article 19);Article 16(e) (disposal in accordance with Article 20);Article 16(f) (disposal and use for the preparation and application of bio-dynamic preparations); and Article 16(h) (disposal and use of as a result of surgery on a farm)	Article 18(3) of the EU Control Regulation as read with Article 13(1) of the EU Implementing Regulation (special feeding rules) as read with regulation 8 of these Regulations (collection centres for feeding in relation to Article 18(1) of the EU Control Regulation)
		Article19(4) of the EU Control Regulation as read with Article15 of the EU Implementing Regulation (collection, transport and disposal)
		Article 20(11) of the EU Control Regulation as read with Article 9(c) of the EU Implementing Regulation (alternative processing methods)
6.Disposal and use of Category 3 material	Article 14 of the EU Control Regulation, as read with the following provisions of Article 16 (derogations) of that Regulation—	Article 15(1)(b) of the EU Control Regulationas read with Article 8(1) of the EUImplementing Regulation (requirements for processing plants and other establishments) andArticle 9(b) of that Regulation (standard processing methods)
6.Disposal and use of Category 3 material	Article 14 of the EU Control Regulation, as read with the following provisions of Article 16 (derogations) of that Regulation—
		Article 15(1)(c) of the EU Control Regulation as read with Article 10(1) of the EU Implementing Regulation (requirements regarding transformation into biogas and composting in respect of Article 14(f) or (g) of the EU Control Regulation)
	Article 16(b) (disposal	Article 15(1)(c) of the EU Control Regulation as read with Article 10(1) of the EU Implementing Regulation (requirements regarding transformation into biogas and composting in respect of Article 14(f) or (g) of the EU Control Regulation)
	and use in accordance with Article 17); Article 16(c) (disposal and use in accordance	Article 15(1)(c) of the EU Control Regulation as read with Article 10(1) of the EU Implementing Regulation (requirements regarding transformation into biogas and composting in respect of Article 14(f) or (g) of the EU Control Regulation)
	with Article 18(1));
	Article 16(d), (disposal and use in accordance with Article 19); Article 16(e) (disposal and use in accordance with Article 20); Article 16(f) (disposal and use for the preparation and application of bio-dynamic preparations); and Article 16(h) (disposal	Article 15(1)(d) of the EU Control Regulation as read with Article 6(3) to (5) of the EU Implementing Regulation (disposal by incineration in respect of Article 14(a) or (b) of the EU Control Regulation)
	Article 16(d), (disposal and use in accordance with Article 19); Article 16(e) (disposal and use in accordance with Article 20); Article 16(f) (disposal and use for the preparation and application of bio-dynamic preparations); and Article 16(h) (disposal
	Article 16(d), (disposal and use in accordance with Article 19); Article 16(e) (disposal and use in accordance with Article 20); Article 16(f) (disposal and use for the preparation and application of bio-dynamic preparations); and Article 16(h) (disposal	Article17(2) of the EU Control Regulation as read with Article11(2) of the EU Implementing Regulation (special rules on research and diagnostic samples) and Article12(2) (special rules on trade samples and display items) of that Regulation
	and use of as a result
	of surgery on a farm)	Article18(3) of the EU Control Regulation as
		read with Article13(2) of the EU Implementing
	Article 7 of the EU	Regulation (special feeding rules)
	Implementing
	Regulation	Article19(4) of the EU Control Regulation as
		read with Article15 of the EU Implementing Regulation (collection, transport and disposal)
		Article 20(11) of the EU Control Regulation as read with Article 9(c) of the EU Implementing Regulation (alternative processing methods)
		Article 36(3) of the EU Implementing Regulation (transitional measures) as read with regulation 31 of these Regulations (small quantities transitional provision)
7.Collection and identification as regards category and transport	Article 21(1) to (4) of the EU Control Regulation	Article 21(5) and (6) of the EU Control Regulation as read with Article 17 of the EU Implementing Regulation (requirements of collection, transport, identification and traceability)
8.Traceability	Article 22(1) and (2) of the EU Control Regulation	Article 22(3) of the EU Control Regulation;Article 17 of the EU Implementing Regulation (requirements of collection, transport, identification and traceability)
9.Registration of operators, establishments and plants	Article 23(1) of the EU Control Regulation (subject to Article23(4)); and Article 23(2) of that Regulation as read with Article 55 of that Regulation	Regulation 11 of these Regulations (procedure for registration)
9.Registration of operators, establishments and plants	Article 23(1) of the EU Control Regulation (subject to Article23(4)); and Article 23(2) of that Regulation as read with Article 55 of that Regulation
9.Registration of operators, establishments and plants	Article 23(1) of the EU Control Regulation (subject to Article23(4)); and Article 23(2) of that Regulation as read with Article 55 of that Regulation	Article 23(3) and Article 27 of the EU Control Regulation as read with Article 20(1) and (2) (subject to paragraph(3)) of the EU Implementing Regulation (requirements of certain registered establishments and plants)
9.Registration of operators, establishments and plants	Article 23(1) of the EU Control Regulation (subject to Article23(4)); and Article 23(2) of that Regulation as read with Article 55 of that Regulation
9.Registration of operators, establishments and plants	Article 23(1) of the EU Control Regulation (subject to Article23(4)); and Article 23(2) of that Regulation as read with Article 55 of that Regulation	Article 47(2) of the EU Control Regulation as read with Article 32(7) of the EU Implementing Regulation (format requirements for lists of registered operators)
10.Approval of establishments and plants	Article 24 of the EU Control Regulation as read with Article 44(3) of the EU Control Regulation as read with Article55 of that Regulation	Regulation 13 of these Regulations (procedure for approval)
10.Approval of establishments and plants	Article 24 of the EU Control Regulation as read with Article 44(3) of the EU Control Regulation as read with Article55 of that Regulation
10.Approval of establishments and plants	Article 24 of the EU Control Regulation as read with Article 44(3) of the EU Control Regulation as read with Article55 of that Regulation	Article 27 (implementing measures) of the EU Control Regulation as read with Article 19 of the EU Implementing Regulation (requirements concerning certain approved establishments and plants) and Article 33 of that Regulation (re-approval of plants and establishments after the grant of a temporary approval)
		Article 47(2) of the EU Control Regulation as read with Article 32(7) of the EU Implementing Regulation (format requirements for lists of registered operators)
11.General hygiene requirements	Article 25 of the EU Control Regulation	Article 27 of the EU Control Regulation as read with Article9(a) of the EU Implementing Regulation (hygiene and processing requirements) and Article19 of that Regulation (requirements in relation to certain approved plants in Article24 of the EU Control Regulation) and Article20 of that Regulation (requirements in relation to certain registered plants)
12.Handling of animal by-products within food businesses	Article 26 of the EU Control Regulation
13.Own checks	Article 28 of the EU Control Regulation
14.Hazard analysis and critical control points	Article 29(1) to (3) of the EU Control Regulation
15.Placing on the market animal by-products and derived products for feeding to farmed animals excluding fur animals	Article 31(1) of the EU Control Regulation	Article 31(2) of the EU Control Regulation as read with Article 21 of the EU Implementing Regulation (placing on the market for feeding to farmed animals) and Article24(2) (petfood and other derived products) of that Regulation
16.Placing on the market and use of organic fertilisers and soil improvers	Article 32(1) and (2) of the EU Control Regulation	Regulation 7(1) of these Regulations (subject to regulation7(3)) (application of fertilisers)
16.Placing on the market and use of organic fertilisers and soil improvers	Article 32(1) and (2) of the EU Control Regulation
16.Placing on the market and use of organic fertilisers and soil improvers	Article 32(1) and (2) of the EU Control Regulation	Article 32(3) of the EU Control Regulation as read with Article 22(1) to (3) of the EU Implementing Regulation (placing on the market of fertilisers)
		Article36(1) of the EU Implementing Regulation (transitional measures)
17.Collection and movement for manufacture of derived products	Article 34 of the EU Control Regulation (manufacture) except insofar as that relates to import	Article33 of the EU Control Regulation and Article23 of the EU Implementing Regulation (intermediate products)
18.Compliance with prohibition on use for manufacture for products not within	Article 24(1) of the EU Implementing Regulation	Article33 of the EU Control Regulation (placing on the market of certain derived products regulated by Community legislation)
Article33 or 36 of the EU Control Regulation	Article 24(1) of the EU Implementing Regulation	Article36 of that Regulation (placing on the market of other derived products)
19.Placing on the market of pet food	Article 35 of the EU Control Regulation	Article5(2) of the EU Control Regulation as read with Article3 of the EU Implementing Regulation (end point in the manufacturing chain)
19.Placing on the market of pet food	Article 35 of the EU Control Regulation
19.Placing on the market of pet food	Article 35 of the EU Control Regulation	Article 40 of the EU Control Regulation as read with Article 24(3) of the EU Implementing Regulation (petfood and other derived products)
20.Placing on the market of other derived products	Article 36 of the EU Control Regulation	Regulation 10 of these Regulations (placing on the market)
20.Placing on the market of other derived products
20.Placing on the market of other derived products		Article 5(2) of the EU Control Regulation as read with Article3 of the EU Implementing Regulation (end point in the manufacturing chain)
20.Placing on the market of other derived products
20.Placing on the market of other derived products		Article 40 of the EU Control Regulation as read with Article 24(1), (2) and (4) of the EU Implementing Regulation (petfood and other derived products)
21.Safe sourcing	Article37(2) of the EU Control Regulation
22.Export	Article 43 of the EU Control Regulation
23.Controls for dispatch to other Member States	Article 48(1), (4) and (5), as read with Article 48(6), of the EU Control Regulation	Article 48(7) of the EU Control Regulation as read with Article 11(3) of the EU Implementing Regulation (special rules on research and diagnostic samples), Article 12(3) of that Regulation (special rules on trade samples and display items) and Article 31 of that Regulation (models of health certificates and declarations for importation and transit)

SCHEDULE 2 — Consequential amendments

The Animal By-Products (Identification) Regulations 1995

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The Products of Animal Origin (Import and Export) Regulations 1996

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11

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The Pollution Prevention and Control (Scotland) Regulations 2000

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The Rendering (Fluid Treatment) (Scotland) Order 2001

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The Older Cattle (Disposal) (Scotland) Regulations 2006

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The Foot-and-Mouth Disease (Scotland) Order 2006

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20

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21

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22

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23

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24

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

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26

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27

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The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007

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29

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30

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31

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32

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33

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34

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35

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36

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37

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

38

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39

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40

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41

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The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007

42

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43

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44

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45

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The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007

46

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47

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The Zoonoses and Animal By-Products (Fees) (Scotland) Regulations 2009

48

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49

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50

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The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

51

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52

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53

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54

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55

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56

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SCHEDULE 3 — Revocations

Column1 – instrument	Column2 – citation	Column3 – extent of revocation
The Animal By-Products (Scotland) Regulations 2003	S.S.I. 2003/411	The whole Regulations
The Food Hygiene (Scotland) Regulations 2006	S.S.I. 2006/3	Schedule7 (consequential amendments), paragraph44
The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006	S.S.I. 2006/530	Schedule 8 (miscellaneous amendments), paragraph1[^f00023]
The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007	S.S.I. 2007/1	Regulations 29-33 (the disposal and burial of unused on-board catering supplies and other material) and 71(f) (revocations)
The Animal By-Products (Scotland) Amendment Regulations 2009	S.S.I.2009/7	The whole Regulations

Signed

RICHARD LOCHHEAD — A member of the Scottish Executive — 2011-03-01

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations enforce Regulation (EC) No1069/2009 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) No1774/2002 (“the EU Control Regulation”).

These Regulations also enforce Commission Regulation (EU) No142/2011 implementing Regulation (EC) No1069/2009 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 Category1 material, next in risk is Category2 and then Category3 material. The EU Control Regulation allows the Member State to derogate from the obligations and also enable 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:—

1 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 9). Access by farmed animals to animal by-products is restricted in relation to Article11 of the EU Control Regulation (regulations 4-7) (Part 2).

2 Procedure and appeals in respect of registration and approval (Part3).

3 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. 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 will be made available on the Scottish Government website at (www.scotland.gov.uk). In addition, that website will also make available the authorisations exercised by the Scottish Ministers (Part 4).

4 Enforcement powers by appointing enforcement authorities (Part 5).

5 Consequential provisions (Part 6) and revocations (Part 7). In particular, these Regulations revoke the Animal By-Products (Scotland) Regulations 2003 and amending instruments. 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.

Footnotes

[^f00001]: 1972 c.68 (“the 1972 Act”). Section2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule8, paragraph15(3) (which was amended by the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”), section27(4)). Section2(2) was also amended by the 2006 Act, section27(1)(a) and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part1. Paragraph1A of Schedule2 was inserted by the 2006 Act, section28 and was amended by the 2008 Act, Schedule, Part1. The functions conferred upon the Minister of the Crown under the 1972 Act, section2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of the 1998 Act, section53.

[^f00002]: O.J.L54, 26.02.2011, p.1.

[^f00003]: O.J. L300, 14.11.2009, p.1, amended by Directive 2010/63/EU (O.J.L276, 20.10.2010, p.33).

[^f00004]: 2008 c.32.

[^f00005]: 2000 c.7, amended by the Communications Act 2003 (c.21), sections 406 and 411(2) and (3) and Schedule 17, paragraph 158.

[^f00006]: 1994 c.39, amended by the Environment Act 1995 (c.25), section120(1) and Schedule22, paragraph232(1).

[^f00008]: S.S.I. 2003/411, amended by S.S.I. 2006/3 and 530, 2007/1 and 2009/7.

[^f00009]: S.I.1995/614, relevantly amended by S.S.I.2003/53 and 411 and 2006/3.

[^f00010]: O.J.L300, 14.11.2009, p.1, amended by Directive 2010/63/EU (O.J.L276, 20.10.2010, p.33).

[^f00011]: S.I. 1996/3124, relevantly amended by S.I. 1996/3000 and S.S.I. 2003/568.

[^f00013]: S.S.I.2001/189, relevantly amended by S.S.I.2002/255, 2003/411 and 2010/177.

[^f00015]: S.S.I. 2006/44, relevantly amended by S.S.I.2007/455.

[^f00016]: S.S.I. 2006/45.

[^f00017]: S.S.I. 2007/1, amended by S.S.I.2007/304, 2009/228 and 2010/225.

[^f00018]: S.S.I. 2007/61.

[^f00019]: S.S.I. 2007/62.

[^f00020]: S.S.I.2007/194, relevantly amended by S.S.I.2010/343.

[^f00023]: Regulation23 of the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 (S.S.I. 2010/177) revoked S.S.I. 2006/530; however, regulation22 of those regulations saved the miscellaneous amendment in Schedule8, paragraph1 of the revoked instrument.

Editorial notes

[^key-541bdb9a787c0314066992002ec81c76]: Regulations revoked (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 3 (with reg. 31)

Restrictions on access to carcases

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 Regulation

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

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

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

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