Briefings

Animal By-Products Regulation

On 1 July 2003 the EU Animal By-Products Regulations introduced new rules for the collection, treatment and disposal of animal by-products and catering waste. The main change was to re-classify some materials as animal by-products, previously classified as catering waste. These wastes can no longer be sent to landfill and must be managed by prescribed treatment and disposal routes. This change in definition mainly affects ‘former foodstuffs’ from food manufacturers and food retailers.

Definitions
This briefing note covers Category 3 animal by-products and Category 3 catering wastes. Animal by-products are:

"former foodstuffs of animal origin, or former foodstuffs containing products of animal origin, other than catering waste, which are no longer intended for human consumption for commercial reasons or due to problems of manufacturing or packaging defects or other defects which do not present any risk to humans or animals."

Animal by-products include, among other things raw meat and raw fish, waste containing meat from food manufacturing processes and pre-cooked foods containing meat (e.g. ready meals) from food manufacturers and retailers.

Catering waste means:
"all waste food originating in restaurants, catering facilities and kitchens, including central kitchens and household kitchens".

Disposal routes
Category 3 animal by-products must be labelled 'not for human consumption' and transported in sealed new packaging or covered leak-proof containers or vehicles. Disposal must be by incineration or one of five processing methods prescribed in the Regulation. Catering waste can continue to be landfilled and may also be treated in a composting or biogas plant in accordance with specified process conditions.

Specific requirements

1. Raw meat (Butchers' shop waste and waste from fish mongers)
Raw meat and raw fish have been controlled by the UK Animal By-Products Order for a number years. Established collection and disposal routes for these wastes already exist. These wastes must go either for rendering or incineration or treated in a biogas or composting plant in accordance with the process conditions specified in the Regulations.

2. Former foodstuffs from retail outlets and food manufacturers.
Raw meat arising from food manufacturing processes has been controlled by the UK Animal By-Products Order for a number of years, and established collection and disposal routes already exist. These materials must go either for rendering or incineration or treated in a biogas or composting plant in accordance with the process conditions specified in the Regulations.

For former foodstuffs, such as pre-cooked foods sold by retail outlets, the European Commission has granted a transitional period until the end of 2005 during which these wastes can continue to be landfilled.

Composting
Category 3 animal by-products may not be disposed of in landfill but can be treated in a biogas (anaerobic digestion) or composting plant according to the following minimum requirements:

• maximum particle size before entering the unit: 12 mm;
• minimum temperature in all material in the unit: 70°C; and
• minimum time in the unit without interruption: 60 minutes.

When Category 3 catering waste is the only animal by-product it can be treated in a biogas or composting plant according to national rules. DEFRA has set out national standards based on the findings of a risk assessment. These are:

Enforcement
Composting plants must be approved by State Veterinary Service (SVS) in order to process category 3 animal by-products or catering waste.

Local Authority Trading Standards will be responsible for enforcing the provisions of the Regulation and will be the prosecuting authority in cases of non-compliance.

Some animal by-products are controlled wastes hence the Environment Agency also has some responsibility for regulating this area.

July 2004