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S.I. No. 396/1996:
EUROPEAN
COMMUNITIES (KNACKERY) REGULATIONS, 1996
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EUROPEAN COMMUNITIES (KNACKERY) REGULATIONS, 1996
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I, Ivan Yates, Minister for Agriculture, Food and Forestry, in exercise
of the powers conferred on me by section 3 of the European Communities Act,
1972 (No. 27 of 1972) and for the purpose of giving effect to Council
Decision No. 95/348/EC(1) of 22 June 1995, hereby make the
following Regulations:—
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(1) O.J. No. L202 of 26.8.1995, p.8
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Title and
Commencement
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1. (1) These Regulations may be cited as the European
Communities (Knackery) Regulations, 1996.
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(2) These Regulations shall come into operation on the thirty first
day of December 1996.
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Interpretation
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2. (1) In these Regulations —
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"authorised officer" means an officer of the Minister
appointed by the Minister to be an authorised officer for the purposes of
these Regulations;
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"the Council Decision" means Council Decision No.
95/348/EC of 22 June 1995;
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"knackery" means any premises used for and in connection
with the collection, delivery, supply, slaughter, storage, skinning or
cutting up of animals or parts of animals which are not intended for human
consumption and "knackery" shall include any premises which are
used:
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( a ) as a knacker's yard, or
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( b ) for the cutting up of dead animals, for sale as dog or
pet food, or
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( c ) as a kennels where dead animals or parts thereof are
fed to hounds, or
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( d ) as a dead animal collection depot, or
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( e ) for hide removal,
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but shall not include a premises or establishment approved or
registered under the European Communities (Disposal, Processing and Placing
on the Market of Animal By-Products) Regulations, 1994 ( S.I. No. 257 of 1994 ) or
a premises registered under the Diseases of Animals (Feeding and Use of
Swill) Orders, 1985 and 1987 ( S.I. No. 133 of 1987 );
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"the Minister" means the Minister for Agriculture, Food
and Forestry;
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"premises" includes any land and any buildings, structures
or private dwellings.
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(2) A word or expression that is used in these Regulations and is
also used in the Council Decision has, unless the contrary intention
appears, the meaning in these Regulations as it has in the Council Decision.
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(3) In these Regulations —
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( a ) a reference to a Regulation is to a Regulation of these
Regulations, unless it is indicated that reference to some other provision
is intended;
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( b ) a reference to a paragraph or subparagraph is to the
paragraph or subparagraph of the provision in which the reference occurs,
unless it is indicated that reference to some other provision is intended.
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General
Condition
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3. A person shall not use any premises as a knackery unless
the knackery has been licensed by the Minister in accordance with these
Regulations.
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Licensing
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4. (1) The Minister may, on application, license a premises
to operate as a knackery provided he is satisfied that such premises
complies with the conditions laid down in Regulation 7.
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(2) A licence granted under this Regulation shall relate to the
owner of the knackery who originally applied for the licence. The licence
shall cease in the event of the knackery being sold, leased, ceasing trading
or operation, or in the event of the death of the owner or the owner being
adjudged bankrupt.
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Register of
Knackery Premises
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5. (1) The Minister shall establish and maintain a register
of knackery licences granted by him under these Regulations which shall
include:
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( a ) the full name, address and description of the holder of
the licence;
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( b ) an exact description of the location and the limits and
extent of the knackery to which the licence relates;
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( c ) the date on which the licence was issued;
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( d ) such other particulars of, or in respect of, the
licence or of the knackery to which it relates as the Minister may, from
time to time, direct.
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(2) Whenever a knackery licence is altered or revoked, there shall
be entered in the register such particulars of the alteration or revocation,
as the case may be, as the Minister may from time to time, direct.
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(3) A certificate purporting to be under the hand of an officer,
authorised by the Minister in that behalf, of the Minister that a knackery
specified in the certificate is not entered in the register shall, until the
contrary is proved, be evidence of the matters so certified and it shall not
be necessary to prove the signature of such officer, or that he was such an
officer, or that he was in fact so authorised.
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Transport of
Animal Waste
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6. A person transporting animal waste to or from a knackery
shall ensure that: —
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(1) The animal waste is collected and transported to and from
knackeries in suitable containers or vehicles in such way as to prevent
leakage. The containers or vehicles are adequately covered.
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(2) Vehicles, tarpaulin covers and reusable containers are
maintained in a clean condition.
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(3) In the case of delivery to a knackery the person transporting
the animal waste must give a record of each consignment to the knackery
owner and ensure that identifying documentation accompanies the animal waste
during its journey. Such records and identifying documentation must be
retained by the knackery owner and must show:
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( a ) the date on which the animal waste was removed;
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( b ) the quantity, description and source of the animal
waste and the name and address of its owner and details of the ear tags in
the case of cattle;
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( c ) the destination to which the animal waste was
delivered;
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( d ) the name and address of the person who transported the
animal waste;
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( e ) any other relevant information and documentation
requested by an authorised officer.
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Conditions
of Approval
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7. The owner of a licensed knackery, or an applicant for a
knackery licence, shall, subject to Regulation 11(1), ensure that:
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( a ) the premises of the knackery is adequately separated
from the public highway and other premises such as slaughterhouses;
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( b ) the premises has a clean and an unclean section,
adequately separated. The unclean section must have a covered place to
receive the animal waste and must be constructed in such a way that it is
easy to clean and disinfect. Floors must be laid in such a way as to
facilitate the draining of liquids. The premises must have adequate
lavatories, changing rooms and washbasins for staff;
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( c ) to prevent recontamination of the processed animal
waste material by incoming animal waste, there is clear separation between
the area of the plant where the incoming animal waste is unloaded, and the
area set aside for its further processing or storage;
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( d ) the premises has adequate facilities for cleaning and
disinfecting the containers or receptacles in which animal waste is received
and the vehicles in which it is transported;
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( e ) adequate facilities are provided for disinfecting the
wheels of vehicles leaving the premises;
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( f ) a waste-water disposal system meeting hygiene
requirements is operational at the premises;
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( g ) animal waste is processed as soon as possible after
arrival. It must be stored properly until processed;
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( h ) containers, receptacles and vehicles used for the
transport of animal waste are cleaned, washed and disinfected after each
use;
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( i ) preventive measures against
birds, rodents, insects or other vermin are taken systematically;
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( j ) installations and equipment are kept in a good state of
repair;
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( k ) hides are salted using sodium chloride;
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( l ) the finished products are handled and stored at the
premises in such a way as to preclude recontamination;
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( m ) after treatment the processed animal waste is packaged
before distribution and sale and that the packaging includes the name and
address of the knackery and is clearly and legibly marked "not for
human consumption".
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Treatment of
Animal Waste
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8. Animal waste must be either:
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( a ) denatured with the solution of an approved colouring
agent in preparation for processing; the solution to be of such a strength
that the colouring on the stained meat is clearly visible, and that the
whole surface of all pieces of meat have been covered with a solution as
aforesaid either by immersing the meat in, or spraying or otherwise
applying, the solution; or
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( b ) sterilised, that is to say, boiled or steamed under
pressure until every piece of meat is cooked throughout.
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Marketing
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9. All processed animal waste must be marketed nationally and
cannot be exported.
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Knackery
Records
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10. (1) The owner of a knackery shall keep records:
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( a ) in the manner outlined in Regulation 6(3) of all animal
waste which is collected for delivery or delivered to the knackery;
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( b ) and in the case of animals, every record shall include
the following —
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(i) the name and address of the owner of
the animal and the lands or place on which the animal was maintained
immediately prior to its debility, casualty or death;
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(ii) the species and, in the case of cattle, the numbers of the ear
tags;
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(iii) the date on which the animal was collected and delivered to
the knackery;
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( c ) of the manner of disposal of dead animals or parts
thereof and the name and address of each person to whom they were sold or
disposed of and the business carried on by that person; and in any case,
such other particulars as an authorised officer shall direct to be included.
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(2) Records kept and maintained by a knackery owner for the purposes
of these Regulations shall be readily available at the knackery and shall be
produced for inspection at all reasonable times on request by an authorised
officer. Records must be retained for a minimum period of 2 years.
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Ministerial
Approval
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11. (1) The Minister may attach conditions, as he sees fit,
to a licence granted under Regulation 4, may amend or revoke a condition
attached to the licence and shall notify the owner of the knackery concerned
in writing of the conditions, amendment or revocation concerned.
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(2) The Minister may, if he is satisfied that the relevant
provisions of these Regulations are not being complied with in relation to a
knackery, refuse to license the knackery and shall notify the owner of the
knackery in writing of the refusal and the reason for such refusal.
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(3) In the event of continued non compliance with these Regulations
or failure by the owner of a licensed knackery to take the measures required
under these Regulations the Minister may either temporarily suspend or
revoke the licence.
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(4) The Minister shall not:
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( a ) revoke or suspend a licence granted under Regulation 4,
or
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( b ) refuse to licence a knackery on foot of an application,
without —
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(i) notifying the holder of, or applicant
for, the licence of his intention to revoke or suspend or refuse the licence
as the case may be; and
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(ii) specifying his reason for the intended revocation or suspension
or refusal, as the case may be; and
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(iii) affording the holder of, or the applicant for, the licence an
opportunity of making representations or having representations made on his
behalf within 14 days, to the Minister in relation to the proposed
revocation or suspension or refusal, as the case may be.
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(5) Where a licence under Regulation 4 in respect of a knackery is
suspended or revoked, the owner of that knackery shall not produce, place on
the market, supply, sell or use products originating from that knackery
subsequent to the date of revocation or suspension, as the case may be,
except with the approval of the Minister.
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(6) The Minister may restore a licence, if approval has been
suspended in accordance with paragraph (3), in instances where:
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( a ) the owner or person in charge of the suspended knackery
has rectified the shortcomings notified to him by the Minister, and
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( b ) the tests or checks carried out by an authorised
officer confirm the safety of the animal waste emanating from the suspended
knackery, and
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( c ) the Minister is satisfied that the suspended knackery
will fully comply with the requirements of Regulation 7.
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Powers of
Inspection
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12. (1) The Minister may appoint such and so many persons as
he thinks fit to be authorised officers for the purposes of these
Regulations.
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(2) An authorised officer shall be furnished with a warrant of his
appointment by the Minister as an authorised officer and when exercising any
power conferred on him by these Regulations such officer shall, if required
by any person affected, produce the warrant to that person.
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(3) An authorised officer may at all reasonable times enter a
knackery licensed under these Regulations or for which an application for a
licence has been received for the purposes of carrying out inspections and
supervision as required by these Regulations.
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(4) An authorised officer may at all reasonable times enter a
licensed knackery or any other premises or place in which he has reasonable
grounds for believing that animal waste, meat or other products of animal
origin are being produced in contravention of these Regulations.
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(5) An authorised officer shall have at all times free access to all
parts of a knackery and to accounting or other documents which enable the
premises of origin of the animal waste to be traced and for any other
purpose of these Regulations.
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(6) An authorised officer may:
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( a ) make such examinations, tests and inspections at all stages of
processing and on any animal waste, and
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( b ) inspect, take or take copies of or extracts from any books,
documents, or other records as he finds in the course of his inspection, and
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( c ) take such reasonable samples of any animal waste, meat or
other product of animal origin, which he finds in the course of his
inspection,
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as he may consider appropriate for the purposes of these
Regulations.
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(7) The owner of a licensed knackery shall make available for
inspection by an authorised officer all animals, dead animals or parts
thereof, records, eartags, machinery, equipment,
instruments, containers, fittings, vehicles and all parts of the premises as
may be requested by such officer for inspection.
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(8) Such facilities and assistance, including information, as may be
requested by an authorised officer shall be provided by the owner of a
knackery.
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Offences
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13. (1) An offence under these Regulations may be prosecuted
by the Minister.
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(2) Any person who contravenes a provision of these Regulations
shall be guilty of an offence.
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(3) Any person who obstructs or otherwise interferes with an
authorised officer in exercise of a power conferred on him by these
Regulations shall be guilty of an offence.
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Penalties
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14. A person guilty of an offence under these Regulations shall
be liable, on summary conviction, to a fine not exceeding £1,000 or, at the
discretion of the court, to imprisonment for a term not exceeding six months
or to both such fine and such imprisonment.
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GIVEN under my
Official Seal, this 19th day of December 1996.
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Ivan Yates,
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Minister for Agriculture, Food and Forestry.
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EXPLANATORY NOTE
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These Regulations implement Council Decision (95/348/EC) of 22 June 1995,
and provide for the licensing and registering of knackery premises. They lay
down the rules applicable to the collection, treatment and disposal of
animal waste to be used as feedstuffs for animals not intended for human
consumption.
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