What are the ‘Animal By-Products Regulations’?

The Animal By-Products Regulations (ABPRs) apply controls on the use, treatment, handling and disposal of animal by-products (ABPs) and enforce the Animal By-Products Regulation (EC) No 1774/2002. The ABPRs require the approval of any premises that handle ABPs. They aim to control the risks, including disease, to both animals and the public. Please note that the information below is a brief overview. Detailed information is available at http://www.defra.gov.uk/animalh/ by-prods/default.htm.

When did the ABPRs come into force?

In England, the Animal By-Products Regulations 2005 (S.I. 2005/2347) came into force on 28 September 2005 and replaced the Animal By-Products Regulations 2003. Parallel domestic legislation has applied in Scotland, Wales and Northern Ireland since 1 October 2003. 

What are ABPs?

ABPs are defined as ‘entire bodies or parts of animals or products of animal origin not intended for human consumption (includes ova, embryos and semen)’. The ABPRs divide animal by-products into three categories according to their risk:

Category 1 - Very high risk material, including the carcasses of animals suspected or confirmed of being infected with Transmissible Spongiform Encephalopathy (TSE, eg the family of diseases which BSE belongs to), specified risk material (SRM, ie the riskiest parts of an animal’s body) and catering waste from international transport.

Category 2 - High risk material which consists of animals which die on a farm, ABPs that are contaminated, manure and the digestive tract content.

Category 3 - Any material which has previously been fit for human consumption, including catering waste, raw meat and fish.

What are the disposal routes?

Permitted disposal routes for each category are:

Category 1

  • incineration;
  • rendering to the pressure-cooking standard followed by incineration or landfill;
  • landfill for catering waste from international transport.

Category 2

  • incineration;
  • rendering followed by incineration or landfill;
  • pressure rendering followed by incineration, landfill, use as a fertiliser, or treatment in a biogas or composting plant;
  • use in an oleochemical plant to produce tallow for technical use;
  • provided that the material comes from animals which were not killed or did not die as a result of the presence or suspected presence of a disease communicable to animals or humans, use in feeding under an authorisation to recognised packs of hounds, zoo or circus animals, reptiles, birds of prey and maggots for fishing bait.

Category 3

  • incineration;   
  • rendering followed by incineration or landfill;
  • rendering followed by use in feeding stuffs or fertiliser (subject to the ban on feeding catering waste to livestock and the restriction on the use of processed animal protein in feeding stuffs);
  • use in petfood;
  • in a technical plant;  
  • treatment in a biogas or composting plant;  
  • for feeding fish, ensiling or composting;
  • use in an oleochemical plant to produce tallow derivatives;
  • disposal of former foodstuffs of animal origin in accordance with the Commission’s new regulation on the former foodstuffs (see below).

How do the ABPRs affect the food industry?

Animal by-products arising from retail, wholesale, manufacturing and distribution premises, convenience stores, food markets and bakers premises will generally be:

  1. raw meat and fish (which will fall into the scope of Article 6(1)(a) and (b) of Regulation (EC) No 1774/2002);
  2. former foodstuffs of animal origin (Article 6(1)(f) of Regulation (EC) No 1774/2002);
  3. catering waste (Article 6(1)(l) of Regulation (EC) No 1774/2002) if there is on-site catering, eg a café within a supermarket.

All of the above become Category 3 ABPs when they are no longer intended for human consumption. An indication of such intent could be when produce is removed from sale because it has passed its ’sell by’ date or ’use by’ date, or because it is damaged, soiled or contaminated to an extent that it is no longer appropriate to display it for sale. The decision as to whether a product is no longer intended for human consumption will rest with the store manager or anyone nominated in the store to take such decisions.

Which food businesses are affected by the ABPRs?

Food manufacturers - This includes any manufacturer of products that contain meat, fish or other products of animal origin.

Butchers - The legislation applies to butchers who handle animal carcasses for preparation on-site, as well as those who have their meat supplied to them ready for sale. Most waste from butchers’ premises is raw and must be disposed of in accordance with the Regulations (ie landfill is not permitted).

Fishmongers - Typically, waste from fishmongers would include unsold whole and prepared cuts of raw fish and material such as heads and bones. Fishmongers would be expected to operate in a similar fashion to butchers.

Bakers - Many bakeries produce and sell a wide range of meat products. If these have been cooked, disposal to landfill is acceptable. Bakery products not containing ABPs are suitable for feeding to livestock as long as strict measures are in place to prevent cross contamination with other ABPs.

Retailers - Raw meat and raw fish cannot be disposed of to landfill. Products containing cooked meat and fish may be disposed of to landfill as part of the transition period for former foodstuffs. Products (such as bread, biscuits, cakes, pasta, and confectionery) that contain ingredients of animal origin (such as eggs, rennet, milk, melted fats or lard) and which are no longer intended for human consumption can be fed to livestock provided that strict measures are in place to ensure against cross contamination with other ABPs.

Caterers - Catering wastes are only controlled by the ABPRs if it goes to composting or biogas, is fed to animals or is derived from means of international transport. If the catering operation shares premises with another food activity such as retail, bakery, or butchery, then the non-catering waste must be disposed of as set out below.

Distributors - Where these businesses generate or handle any former foodstuffs or other ABPs, they must abide by the ABPRs.

What is meant by ‘former foodstuffs’ and how should they be disposed of?

Former foodstuffs of animal origin are a sub-group of Category 3 ABPs. Former foodstuffs are described in Article 6(1)(f) of the ABPRs as '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’. Pet food does not fall into this category.

In May 2005, the European Commission proposed that member States should make their own risk analysis of which former foodstuffs could safely be disposed of to landfill. The Commission’s regulation on former foodstuffs gives the legal basis for this. This regulation is yet to be published in the Official Journal, but the new rules applied from 1 January 2006. The regulation effectively divides former foodstuffs of animal origin into three categories:

  1. Former foodstuffs that were previously permitted to go to landfill, but which member States consider to pose a risk to public and animal health if they are disposed of to landfill. These will continue to be covered by the ABPRs and have to be disposed of in the same way as raw meat and raw fish.
  2. Former foodstuffs which the member State considers can be safely disposed of to landfill.
  3. Former foodstuffs which the member State considers can be safely disposed of to landfill or by other means, and which can also safely be fed to animals (in accordance with strict separation from other products of animal origin).

Material which is suitable and may be fed to livestock, subject to strict separation from other ABPs, includes:

  • Bakery products, pasta, confectionary and similar products such as breakfast cereals which may:
    • contain ingredients such as fats, milk, milk products, eggs, honey or gelatine of non-ruminant origin but which do not constitute the main ingredient;
    • not contain and have not been in contact with raw eggs, meat or fish and products which are derived from or incorporate meat or fish.
  • Dairy products including pasteurised milk, cheese, whey, yoghurt, butter, milk passed desserts and ice-cream.

Material which may go to landfill but cannot be fed to livestock, includes:

  • meat and fish products that are fully pre-cooked;
  • ready to eat or ready for re-heating meat and fish products;
  • shells from cooked seafood and eggs;
  • highly processed meat and fish products in cans, jars, pouches etc;
  • dried products of animal origin;
  • highly processed products such as flavourings;
  • stock cubes;
  • processed animal fats;
  • greaves.

Former foodstuffs of animal origin that have not been treated or cooked to the extent that the risk to public or animal health is reduced will need to be disposed of in accordance with the ABPRs.

Where can I get more information?

The Envirowise guidance above is a brief summary of the ABPRs. Businesses must consult formal regulations to understand their own responsibilities, and the most comprehensive source of information is available at http://www.defra.gov.uk/animalh/ by-prods/default.htm.