DEPARTMENT OF THE ENVIRONMENT
Request for law drafting – An Order to control animal by-products
(Public)
Purpose of the Report
It is proposed that the Minister for the Environment make an Order to provide legislation to regulate animal by-products and derived products not intended for human consumption in accordance with Regulation (EC) 1069/2009 under the Animal Health (Jersey) Law 2016.
Background
Animal by-products not intended for human consumption are a potential source of risks to public and animal health. Past crises related to outbreaks of foot-and-mouth disease and the spread of transmissible spongiform encephalopathies such as bovine spongiform encephalopathy (BSE) have shown the consequences of the improper use of certain animal by-products for public and animal health, the safety of the food and feed chain and consumer confidence.
Animal by-products arise mainly during the slaughter of animals for human consumption, during the production of products of animal origin such as dairy products, and in the course of the disposal of dead animals and during disease control measures. Regardless of their source, they pose a potential risk to public and animal health and the environment. This risk needs to be adequately controlled, either by directing such products towards safe means of disposal or by using them for different purposes, provided that strict conditions are applied which minimise the health risks involved.
The disposal of all animal by-products is not a realistic option, as it would lead to unsustainable costs and risks for the environment. Conversely, there is a clear interest for all that, provided the health risks are minimised, a wide range of animal by-products are safely used for various applications in a sustainable manner. A wide range of animal by-products are indeed commonly used in important productive sectors, such as the pharmaceutical, feed and leather industries.
The rules on animal by-products laid down in Regulation (EC) No 1069/2009 should apply to products that may not be used for human consumption, in particular where they do not comply with food hygiene legislation or where they may not be placed on the market as food since they are unsafe either because they are injurious to health or unfit for human consumption.
In addition, in order to prevent risks arising from wild animals, bodies or parts of bodies of such animals suspected of being infected with a transmissible disease should be subject to the rules laid down in this Regulation. This inclusion should not imply an obligation to collect and dispose of bodies of wild animals that have died in their natural habitat.
The rules laid down in Regulation (EC) No 1069/2009 should apply to animal by-products derived from aquatic animals, other than material from vessels operating under Community food hygiene legislation. However, risk-proportionate measures should be adopted as regards the handling and disposal of material which arises on board fishing vessels from the evisceration of fish and which shows signs of disease. Such measures for the implementation of this Regulation should be adopted on the basis of a risk assessment carried out by the appropriate scientific institution in view of the available evidence regarding the effectiveness of certain measures to combat the spread of diseases communicable to humans, in particular of certain parasites.
Establishments or plants should be approved following the submission of information to the competent authority and following a visit carried out on site which demonstrates that the requirements of Regulation (EC) No 1069/2009 for the infrastructure and equipment of the establishment or plant will be met, so that any risks to public and animal health arising from the process used will be adequately contained. It should be possible to grant the approvals conditionally in order to allow operators to rectify deficiencies before the establishment or plant obtains full approval.
Animal by-products and derived products should be classified into three categories which reflect the degree of risk that they pose to public and animal health, on the basis of risk assessments. While animal by-products and derived products posing a high risk should only be used for purposes outside the feed chain, their use posing a lower risk should be permitted under safe conditions.
Due to the high risk to public health, animal by-products giving rise to a risk of transmissible spongiform encephalopathy (TSE) should, in particular, not be used for feed. This restriction should also apply to wild animals through which a communicable disease may be transmitted. The restriction on the feeding of animal by-products giving rise to a TSE risk should be without prejudice to the feeding rules laid down in Regulation (EC) No 999/2001 and enforced under the EU Legislation (Transmissible Spongiform Encephalopathies) (Jersey) Regulations 2015.
The use of animal by-products or derived products as a fuel in the combustion process should be authorised and should not be considered as a waste disposal operation. However, such use should take place under conditions which ensure the protection of public and animal health, as well as the appropriate environmental standards.
Shells from shellfish from which the soft tissue or flesh have been removed, should be excluded from the scope of Regulation (EC) No 1069/2009. Due to the various practices in the Community regarding the removal of such soft tissue or flesh from shells, it should be possible to use shells from which the entire soft tissue or flesh has not been removed, provided such use does not lead to a risk arising to public and animal health. National guides to good practice could assist in the dissemination of knowledge regarding proper conditions under which such use would be possible.
Burial and burning of animal by-products, in particular of dead animals may be justified in specific situations, in particular in remote areas, or in disease control situations requiring the emergency disposal of the animals killed as a measure to control an outbreak of a serious transmissible disease. In particular, disposal on site should be allowed under special circumstances, since the available rendering or incinerator capacity within a region or a Member State could otherwise be a limiting factor in the control of a disease.
Since 1st September 1973, as a matter of European Union (EU) law for the purposes of trade in agricultural products and products processed therefrom, Jersey is treated as part of the same Member State of the European Union as the United Kingdom and Jersey must apply rules in relation to such products on the same basis as the United Kingdom.
European Community rules in the field of veterinary legislation, animal health legislation, food legislation and feedingstuffs legislation as well as plant health legislation, quality and marketing standards must, therefore, be part of the law of Jersey. European Community Regulations in these areas are of direct effect and application in Jersey. To comply with obligations for international trade, Jersey must implement European Community Directives in these subject areas and administer and enforce Regulations under domestic law.
Discussion
Much veterinary legislation governing animal health covers diverse controls and requires complex legislation, much of it derived from the EU. Consequently, it is recommended it will be most effective to enact this legislation under the Animal Health (Jersey) Law 2016 which provides powers, by Order, for the Minister to control, administer and enforce in accordance with EU standards and obligations.
The legislation will provide the framework enabling the Minister to administer and enforce controls governing a wide range of species, activities and businesses involving aquatic and terrestrial animals by-products not intended for human consumption. The controls must provide for implementation of relevant European legislation.
In accordance with States of Jersey User Pays policy, provision to levy fees for carrying out inspections, sampling and tests whether or not these result in issuing of approval and issue of approvals, licences, authorisations and certificates will be included.
Recommendation
The Minister is recommended to make an Order to implement the EU Regulations 1069/2009 and 142/2011.
Written by: | States Veterinary Assistant |
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Approved by: | Director for Environment / Deputy Chief Officer |
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[File Ref]
Ministerial Decision ref: MD-PE-2017-0018
22 February 2017
gov.je