"animal by-products" means - 

(a) animal carcases;

(b) parts of animal carcases (including blood); or

(c) products of animal origin

not intended for human consumption, with the exception of animal excreta and catering waste;

    (2) On an application made to it under this regulation for the approval of premises for the production of fishmeal for feeding to farmed animals other than ruminants, the Department shall approve the premises for this purpose if, following an inspection of the premises by a veterinary inspector, it is satisfied that - 

(a) the premises will be dedicated only to fishmeal production;

(b) the premises are ABPR approved; and

(c) the person who will use the premises for the production of fishmeal for feeding to farmed animals other than ruminants will be able to maintain and use the premises in accordance with the ABPR approval and ensure that fishmeal is transported from the premises and intermediately stored in accordance with the conditions specified in paragraphs 1, 2 and 3 of Schedule 1.

    (3) The person carrying on any business at premises approved under this regulation shall ensure that - 

(a) the production of fishmeal at the premises is in accordance with the approval and in compliance with the provisions of these Regulations subject to which the approval is granted;

(b) any person employed by him, and any person invited to the premises, complies with those provisions; and

(c) any inspector, and any person acting under the responsibility of an inspector, is provided with adequate facilities so as to enable him to carry out his functions under these Regulations in relation to the premises and that he is given such reasonable assistance and access to such records (including any records held in electronic form) as he may at any reasonable time require for that purpose.

    (2) On an application made to it under this regulation for the approval of premises for the production of dicalcium phosphate for feeding to farmed animals other than ruminants, the Department shall approve the premises for this purpose if, following an inspection of the premises by a veterinary inspector, it is satisfied that - 

(a) the premises are ABPR approved; and

(b) the person who will use the premises for the production of dicalcium phosphate for feeding to farmed animals other than ruminants will be able to maintain and use the premises in accordance with the ABPR approval and the conditions specified in Schedule 2.

    (3) The person carrying on any business at premises approved under this regulation shall ensure that - 

(a) the production of dicalcium phosphate at the premises is in accordance with the approval and in compliance with the provisions of these Regulations subject to which the approval is granted;

(b) any person employed by him, and any person invited to the premises, complies with those provisions; and

(c) any inspector, and any person acting under the responsibility of an inspector, is provided with adequate facilities so as to enable him to carry out his functions under these Regulations in relation to the premises and that he is given such reasonable assistance and access to such records (including any records held in electronic form) as he may at any reasonable time require for that purpose.

    (2) On an application made to it under this regulation for the approval of premises for the production of hydrolysed protein for feeding to farmed animals other than ruminants, the Department shall approve the premises for this purpose if, following an inspection of the premises by a veterinary inspector, it is satisfied that - 

(a) the premises will be dedicated only to production of hydrolysed protein for feeding to farmed animals other than ruminants;

(b) the premises are ABPR approved for the production of hydrolysed protein derived from fish, feather, hides and skins; and

(c) the person who will use the premises for the production of hydrolysed protein for feeding to farmed animals other than ruminants will be able to maintain and use the premises in accordance with the ABPR approval and the conditions specified in Schedule 3.

    (3) The person carrying on any business at premises approved under this regulation shall ensure that - 

(a) the production of hydrolysed protein at the premises is in accordance with the approval and in compliance with the provisions of these Regulations subject to which the approval is granted;

(b) any person employed by him, and any person invited to the premises, complies with those provisions; and

(c) any inspector, and any person acting under the responsibility of an inspector, is provided with adequate facilities so as to enable him to carry out his functions under these Regulations in relation to the premises and that he is given such reasonable assistance and access to such records (including any records held in electronic form) as he may at any reasonable time require for that purpose.

shall be made in writing to the Department by or on behalf of the person carrying on or proposing to carry on the business at the premises to which the application relates.

    (2) The Department shall notify the applicant in writing of its decision on an application made to it in accordance with this regulation; and, if it refuses to approve the premises in respect of which an application is made, it shall notify the applicant in writing of its reasons for the refusal.

    (3) An approval of premises under regulation 5, 6 or 7 shall specify - 

(a) the name and address of the person to whom the approval is granted and the address of the approved premises;

(b) the use of the premises for the description of production for which the approval is granted; and

(c) the conditions subject to which the approval is granted.

    (4) If in relation to any use of premises approved under regulation 5, 6 or 7 it appears to the Department that - 

(a) the premises are not ABPR approved;

(b) the premises are being used otherwise than in accordance with the approval under regulation 5, 6 or 7;

(c) any condition specified in a Schedule to these Regulations which relate to the approval of the premises under regulation 5, 6 or 7 has not been complied with;

(d) inspection of the premises for the purposes of these Regulations is being hampered; or

(e) the production of fishmeal, dicalcium phosphate or hydrolysed protein at the premises in respect of which it is approved is no longer being carried on there,

it may decide to suspend or withdraw the approval of the premises relating to that use.

    (5) Where the Department decides to suspend or withdraw an approval relating to any premises it shall give notice of the suspension or withdrawal to the person carrying on the business at the premises (or, in the case of a suspension or withdrawal under paragraph (4)(e), to the person formerly carrying on the business at the premises), and to any other person who appears to the Department to be in current occupation of the premises.

    (6) A notice of suspension or withdrawal of an approval shall include the following information - 

(a) a summary of the decision of the Department to suspend or withdraw the approval of the premises and the use of the premises for the description of production for which the approval is suspended or withdrawn;

(b) the reason for the suspension or withdrawal; and

(c) the date on which the suspension or withdrawal takes effect (which may be the same date as the date on which the notice is issued).

    (7) The Department shall not withdraw an approval unless - 

(a) it appears to the Department that - 


(i) the person using or last using the premises for the description of production for which the approval is granted no longer wishes to carry on that use of the premises;

(ii) the description of production for which the premises are approved is no longer carried on there;

(iii) if the approval is suspended, the person formerly using the premises, or any other person who it appears to the Department would use the premises for the description of production to which the approval applies, will not use the premises in accordance with the approval or one or more of the conditions specified in the Schedules to these Regulations which relate to the approval; or

(iv) if the approval is not already suspended, a suspension would not enable the person using the premises for the description of production to which the approval applies to take remedial action within a reasonable period after the suspension to enable the premises to be used in accordance with the approval or one or more of the conditions specified in the Schedules to these Regulations which relate to the approval; and



(b) it has given notice to the person using the premises for the description of production for which the approval is granted or, where the premises are not being used for that purpose, to the person last known to the Department to be using the premises for that purpose, of its intention to withdraw the approval and has taken into account any representations made to it by that person in relation to that intention.

    (8) Where - 

(a) a suspension of an approval of premises under this regulation has taken effect; or

(b) an approval is withdrawn,

the premises shall be treated as if they were not approved for the description of production for which the approval was granted and in relation to which the approval is suspended or withdrawn.

    (9) The Department shall lift a suspension of an approval where it is satisfied that - 

(a) the reason for the suspension no longer applies; and

(b) the person who would use the premises for the description of production to which the approval applies will use the premises in accordance with the approval and the conditions specified in the Schedules to these Regulations which relate to the approval.

    (3) The conditions referred to in paragraph (2) are - 

    (3) The conditions referred to in paragraph (2) are - 

(a) the state of destination has entered into an agreement with the United Kingdom for the purposes of article 3(2)(a) of the Commission Decision - 


(i) that processed animal protein imported from the United Kingdom is authorised to be sent only to premises other than premises producing feedingstuffs for farmed animals; and

(ii) that it will not authorise the export of processed animal protein imported from the United Kingdom unless it is incorporated in a product destined for final use as feed for animals which are not kept, fattened or bred for the production of food; and



(b) the processed animal protein is accompanied by an official certificate as laid down in Annex V of the Commission Decision or, in the case of dicalcium phosphate or hydrolysed protein, an official certificate as laid down in Annex IV to the Commission Decision.

    (4) Subject to paragraphs (5) and (6), a person shall not import any processed animal protein from a third country.

    (5) If the condition specified in paragraph (6) is met, the prohibition in paragraph (4) shall not apply to - 

(a) petfood referred to in chapter 4 of Annex I to Directive 92/118/EEC;

(b) processed animal protein not intended for the feeding of any farmed animal;

(c) fishmeal referred to in regulation 4(2)(a), transported and intermediately stored in accordance with Schedule 1, for feeding to farmed animals other than ruminants;

(d) gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC concerning additives in feedingstuffs;

(e) dicalcium phosphate referred to in regulation 4(2)(c), produced in accordance with Schedule 2, for feeding to farmed animals other than ruminants;

(f) hydrolysed protein referred to in regulation 4(2)(d), produced in accordance with Schedule 3, for feeding to farmed animals other than ruminants; or

(g) milk and milk products.

    (2) Any person receiving a consignment of processed animal protein shall keep for two years from the date of receipt of the consignment a record indicating - 

(a) the date on which it was received and the nature of the processed animal protein received;

(b) its weight on receipt and, unless consigned loose, the number and weight of the packages, pallets or other containers in which it was consigned;

(c) the place from which it was consigned;

(d) the name and address of the person by whom it was consigned;

(e) the registration number of the vehicle in which it was consigned; and

(f) the name and address of the operator of that vehicle.

    (3) Any person receiving a consignment of processed animal protein shall keep for two years from the date of any use, disposal or further consignment a record indicating - 

(a) in the case of any use, the nature of the processed animal protein used and details of each use, the weight of any part of the consignment incorporated into a product and the nature and date of manufacture of any such product;

(b) in the case of disposal, the weight disposed of, the date of such disposal, and the place in which, method by which and name of the person by whom it was disposed of; and

(c) in the case of further consignment, the information required by paragraph (1).

    (4) Any person who controls a vehicle in which processed animal protein is transported shall keep, for two years from the date on which transport of a particular consignment of such protein commenced (or, in the case of an import, from the date on which that material entered the United Kingdom), a record of - 

(a) the person and place from which that consignment was transported and the nature of the processed animal protein consigned;

(b) the date on which it was collected from that person;

(c) the weight consigned and, unless consigned loose, the number and weight of the packages, pallets or other containers in which it is consigned;

(d) the registration number, and the name and address of the driver, of the vehicle in which it was transported and, if the vehicle includes a trailer, the number of the trailer;

(e) the person and place to which it was to be or was delivered; and

(f) the date or intended date of delivery to that person.

    (2) If a justice of the peace, on sworn complaint in writing, is satisfied that there is reasonable ground for entry into any premises (excluding premises used only as a dwelling) for any such purpose as is mentioned in paragraph (1) and that either - 

(a) admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b) an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

    (2) Where the commission by any person of an offence under any of the provisions of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

    (3) In any proceedings for an offence under any of the provisions of these Regulations, it shall, subject to paragraph (4), be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.

    (4) If in any case the defence provided by paragraph (3) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless - 

(a) at least seven clear days before the hearing; and

(b) where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,