European Communities (Animal By-Products) Regulations, 2003

• Jurisdiction: Ireland

I, Joe Walsh, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving full effect to Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 20021 (as amended by Commission Regulation (EC) No. 808/2003 of 12 May 20032 ) and Directive No. 2002/33/EC of the European Parliament and of the Council of 21 October 20023 , hereby make the following regulations -
	Citation	1. These Regulations may be cited as the European Communities (Animal By-products Regulations 2003.
	Interpretation	2.(1) In these Regulations -
“authorised officer” means-
(a) an authorised officer within the meaning of the Food Hygiene Regulations 1950 to 1999,
(b) a sea fisheries protection officer within the meaning of Part XIII of the Fisheries (Consolidation) Act 1959 (No. 14 of 1959),
(c) an authorised officer within the meaning of section 17A (inserted by the Diseases of Animals (Amendment Act 2001 (No. 3 of 2001)) of the Diseases of Animals Act 1966 (No. 6 of 1966),
(d) a person who, immediately before the making of these Regulations, was an authorised officer within the meaning of the European Communities (Disposal Processing and Placing on the Market of Animal By-products Regulations 1994 ( S.I. No. 257 of 1994 ),
(e) a person who, immediately before the making of these Regulations, was an authorised officer within the meaning of the European Communities (Knackery Regulations 1996 ( S.I. No. 396 of 1996 ),
(f) an authorised office within the meaning of the European Communities (Fresh Meat) Regulations 1997 ( S.I. No. 434 of 1997 ), or
(g) a person authorised under Regulation 5.
“European Regulation” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003;
“Minister” means, subject to Regulations 6(20), 7(17), 8(13) and 9(16) the Minister for Agriculture and Food;
“premises” includes land with or without buildings and, where the context so requires or admits, includes a vehicle, vessel, aircraft or container;
“sell” includes offer, expose or keep for sale, invite an offer to buy, or distribute for reward or otherwise (whether directly or through another person) and cognate words shall be construed accordingly;
“supply” means to give without reward.
(2) A word or expression that is used in the European Regulation and is also used in these Regulations has, in these Regulations, the same meaning as in the European Regulation.
(3) In these Regulations, unless the contrary intention appears, a reference to a Regulation is to a reference in these Regulations and a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs.
	Offences	3.(1) A person who -
(a) contravenes Article 3(1), 4(2), (3), (4), 5(2), (3), (4),6(2), (3), 7(1) (2), (5), 8(1), (2), (3), 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 22 (1) 25 or 29 of the European Regulation,
(b) places on the market or exports a processed animal protein or another processed product that could be used as feed material other than in accordance with Article 19 of the European Regulation,
(c) obstructs or impedes an authorised officer in the exercise of any of his or her powers under Regulation 5,
(d) fails, without reasonable excuse, to comply with a requirement or direction made by an authorised officer under Regulation 5,
(e) in making an application for an approval under Regulation 6, a burial licence, a research licence or a licence under Regulations 9 or in purporting to give information required by an authorised officer for the performance of the officer's powers under Regulation 5 -
(i) makes a statement which he or she knows to be false in a material particular or recklessly make a statement which is false in a material particular, or
(ii) fails to disclose any material particular,
(f) contravenes Regulations 4, 6(1), (2), (3), (4), (5), (6), (7), (16) 7(1), (9), (13), 8(1), (10), 9(1), (5), (6), (9), (13),10, 11, 13 or 14(3),
(g) contravenes Article 9 of Commission Regulation (EC) No. 811/2003 of 12 May 20034
(h) tampers with a seal applied pursuant to the European Regulation or an approval or licence granted under these Regulations,
(i) tampers with or interferes with an animal by-product or with a sample taken under these Regulations, or
(j) aids or abets a contravention of the European Regulation or these Regulations,
is guilty of an offence and is liable, on conviction, to a fine not exceeding €3,000 or to a term of imprisonment not exceeding 6 months or to both.
(2) In a prosecution for an offence under paragraph (1), where a contravention of Article 15 of the European Regulation is alleged, it is a defence for the defendant to prove that, as regards category 3 material and manure used in a composting plant, he or she operated in compliance with Commission Regulation (EC) No. 809/2003 of 12 May 2003.
(3) In a prosecution for an offence under paragraph (1), where a contravention of Article 15 of the European Regulation is alleged, it is a defence for the defendant to prove that, as regards category 3 material and manure used in a biogas plant, he or she operated in compliance with Commission Regulation (EC) No. 810/2003 of 12 May 2003.
(4) In a prosecution for an offence under paragraph (1), where a contravention of Article 29(3), (4), (5) or (6) of the European Regulation is alleged, it is a defence for the defendant to prove that product to which the alleged offence relates has been imported into the State in accordance with Commission Regulation (EC) No. 812/2003 of 12 May 20035 .
(5) In a prosecution for an offence under paragraph (1), where a contravention of Article 7 of the European Regulation is alleged in relation to the collection storage, transport or disposal of former foodstuffs that comprise category 3 material, it is a defence for the defendant to prove that the collection transport, storage or disposal of the category 3 material to which the alleged offence relates is in accordance with Commission Regulation (EC) No. 813/2003 of 12 May 20036 .
(6) Paragraphs (2) and (3) cease to have effect on 1 January 2005.
(7) Paragraph (4) ceases to have effect on 1 January 2004.
(8) Paragraph (5) ceases to have effect on 1 January 2006.
	Cooking oil	4.(1) A person shall not incorporate used cooking oil in feed or collect, store or transport used cooking oil with a view to incorporating it in feed other than under and in accordance with Commission Decision No. 2003/320/EC of 12 May 20037 .
(2) A person shall not have in his or her possession or under his or her control sell or supply a feed that consists of or contains used cooking oil that was incorporated in the feed in contravention of paragraph (1).
(3) A person shall not export a feed that consists of or contains used cooking oil other than to the United Kingdom or import a feed that consists of or contains used cooking oil from a place other than the United Kingdom.
(4) This Regulation ceases to have effect on 1 November 2004.
	Authorised officers	5.(1) The Minister may, by instrument in writing, appoint such and so many persons as he or she thinks fit to be authorised officers for the purposes of some or all of these Regulations as may be specified in the instrument.
(2) The Minister for Health and Children may, by instrument in writing, appoint such and so many of his or her officers or officers of a health board as he or she thinks fit to be authorised officers for the purposes of some or all of the functions conferred on that Minister by these Regulations as may be specified in the instrument.
(3) The Minister for Communications, Marine and Natural Resources may, by instrument in writing, appoint such and so many of his or her officers as he or she thinks fit to be authorised officers for the purposes of some or all of the functions conferred on that Minister by these Regulations as may be specified in the instrument.
(4) The Minister, Minister for Health and Children or Minister for Communications Marine and Natural Resources may terminate the appointment of an authorised officer appointed by him or her, whether or not the appointment was for a fixed period.
(5) An appointment as an authorised officer ceases-
(a) where it is terminated pursuant to paragraph (4),
(b) where it is for a fixed period, on the expiry of that period, or
(c) where the person appointed is an officer of the Minister, Minister for Health and Children or Minister for Communications, Marine and Natural Resources, upon the person ceasing to be such an officer.
(6) Nothing in paragraph (5) is to be construed so as to prevent the Minister Minister for Health and Children or Minister for Communications, Marine and Natural Resources from reappointing as an authorised officer a person to whom that paragraph relates.
(7) An authorised officer or a veterinary expert employed by or acting on the authority of the Commission of the European Communities accompanied by an authorised officer, if the authorised officer has reasonable cause to suspect that -
(a) an animal by-product is present or may be present on the premises,
(b) an animal by-product is or has been processed, stored or otherwise dealt with on the premises,
(c) the premises has been approved for a purpose specified in the European Regulation, is the subject of an application for approval or is ancillary to a premises either approved or subject to an application for approval,
(d) a document relating to an animal by-product or other thing referred to in paragraph (a), (b) or (c), or
(e) any offence is being or has been committed under these Regulations,
may enter any premises and the authorised officer may-
(i) search the premises,
(ii)...