European Communities (Processed Animal Products) Regulations, 2000

• Jurisdiction: Ireland
• Citation: IR SI 486/2000
• Year: 2000

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No 27 of 1972 ), and for the purposes of giving effect to Council Decision 2000/766/EC of 4 December 20001 and the subsequent Commission Decision providing for the implementing control measures, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Processed Animal Products) Regulations, 2000.

(2) These Regulations shall come into operation on 1 January, 2001

2. (1) In these Regulations:

“animal” means an animal belonging to a species normally nourished and kept or consumed by man as well as animals living freely in the wild in cases where they are nourished with feedingstuffs;

“authorised officer” means a person who, for the time being, stands appointed under Regulation 8 of these Regulations or an inspector;

“export” means export from the State;

“farmed animal” means an animal which is kept, fattened or bred for the production of food;

“import” means import into the State;

“inspector” means an inspector within the meaning of the Diseases of Animals Act, 1966 (No. 6 of 1996);

“processed animal proteins” means meat and bone meal, meat meal, bone meal, blood meal, dried plasma and other blood products, hydrolised proteins, hoof meal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal, dicalcium phosphate obtained from defatted bones, gelatine, and any other similar products including mixtures, feedingstuffs, feed additives and premixtures, containing these products;

“put into circulation” means the holding of processed animal proteins for the purposes of sale, including offering for sale, or any other form of transfer, whether free or not, to third parties, and the sale and other forms of transfer themselves

“ruminant” includes cattle, deer, goats and sheep;

“the Council Decision” means Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;

“the Commission Decision” means the Commission Decision providing for control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;

“the Minister” means the Minister for Agriculture, Food and Rural Development;

“third country” means a country which is not a Member State of the European Union;

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

3. (1) Subject to paragraph (2) of this Regulation, a person shall not feed processed animal proteins to farmed animals.

(2) The provisions of paragraph 1 shall not apply to the feeding of:-

(a) fishmeal to animals other than ruminants in accordance with a licence issued by the Minister under Regulation 7 of these Regulations;

(b) gelatine of non-ruminant origin for coating additives within the meaning of Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs2 ;

(c) dicalcium phosphate to animals other than ruminants in accordance with a licence issued by the Minister under Regulation 7 of these Regulations;

(d) hydrolysed proteins to animals other than ruminants in accordance with a licence issued by the Minister under Regulation 7 of these Regulations;

(e) milk and milk products to farmed animals.

4. Where processed animal proteins intended for feeding to farmed animals were put into circulation prior to the 1st January 2001, the person responsible for putting the material into circulation shall, unless otherwise authorised, ensure that all remaining stock of such material is withdrawn immediately from the market, from distribution channels and from on-farm storage.

5. (1) A person shall not export processed animal proteins to another Member State unless:

(a) the material is exported in accordance with a licence issued by the Minister under Regulation 7 of these Regulations, and

(b) the conditions specified in Article 3 (1) of the Commission Decision are fulfilled.

(2) A person shall not import processed animal proteins from another Member State unless:

(a) the material is imported in accordance with a licence issued by the Minister under Regulation 7 of these...