(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 National Assembly 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 ABPO approved

(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 ABPO approval and ensure that fishmeal is transported from the premises and intermediately stored in accordance with the conditions specified in paragraphs 3, 4, and 5 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 and Schedule to these Regulations subject to which the approval is granted;

(b) any person employed by him or her, 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 or her to carry out his or her functions under these Regulations in relation to the premises and that he or she is given such reasonable assistance and access to such records (including any records held in electronic form) as he or she 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, the National Assembly 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 ABPO approved; and

(b) the person who will use the premises for the production of dicalcium phosphate for feeding to farmed animals will be able to maintain and use the premises in accordance with the ABPO 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 and Schedule to these Regulations subject to which the approval is granted;

(b) any person employed by him or her, 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, are provided with adequate facilities so as to enable them to carry out their functions under these Regulations in relation to the premises and that they are given such reasonable assistance and access to such records (including any records held in electronic form) as they 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, the National Assembly 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;

(b) the premises are ABPO 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 will be able to maintain and use the premises in accordance with the ABPO approval and 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 and Schedule to these Regulations subject to which the approval is granted;

(b) any person employed by him or her, 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, are provided with adequate facilities so as to enable them to carry out their functions under these Regulations in relation to the premises and that they are given such reasonable assistance and access to such records (including any records held in electronic form) as they may at any reasonable time require for that purpose.

shall be made in writing to the National Assembly 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 National Assembly 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 regulations 5, 6 or 7 above 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 premises approved under regulations 5, 6 or 7 above it appears to the National Assembly that  - 

(a) the premises are not ABPO approved;

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

(c) any condition specified in a Schedule to these Regulations which relate to the approval of the premises under regulations 5, 6 or 7 above 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 National Assembly 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) above, to the person formerly carrying on the business at the premises), and to any other person who appears to the National Assembly 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 National Assembly 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 National Assembly shall not withdraw an approval unless  - 

(a) it appears to the National Assembly 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 being carried on there;

(iii) if the approval is suspended, the person formerly using the premises, or any other person who in the opinion of the National Assembly would use the premises for the description of production for which the approval is granted, will not use the premises in accordance with the approval or one or more of the conditions specified in the Schedule to these Regulations which relate to the approval;

(iv) if the approval is not already suspended, a suspension would not enable the person using the premises for the description of production for which the approval is granted 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 a Schedule 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 National Assembly to be using the premises for that purpose, of its intention to withdraw the approval and has had regard to 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 National Assembly 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 for which the approval is granted 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) above are  - 

    (3) The conditions referred to in paragraph (2) above 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 feeding-stuffs 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 to 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) below, no person shall import any processed animal protein from a third country.

    (5) If the condition specified in paragraph (6) below is met, the prohibitions in paragraph (4) above shall not apply  - 

(a) to petfood referred to in chapter 4 of Annex 1 to Directive 92/118/EEC;

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

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

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

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

(f) hydrolysed protein referred to in regulation 4(2)(d) above, produced in accordance with Schedule 3, for feeding to farmed animals; 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) above.

    (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 information in writing is satisfied that there is reasonable ground for entry into any premises (excluding premises used only as a dwelling) for any purpose as is mentioned in paragraph (1) above 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 a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of - 

(a) any director, manager, secretary or other similar person of the body corporate, or

(b) any person who was purporting to act in any such capacity,

    (2) Where a notice or other document is to be given or served on the owner, proprietor, operator or occupier of any premises and it is not practicable, after reasonable enquiry, to ascertain the name and address of the person to or on whom it should be given or served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of "owner", "proprietor", "operator" or "occupier" of the premises (naming them) and - 

(a) by delivering it to some person on the premises; or

(b) if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

(a) be derived from hides and skins obtained from animals which have been slaughtered in a slaughterhouse and whose carcases have been found fit for human consumption following ante and post mortem inspection; and

(b) be produced by a production process which involves appropriate measures to minimise contamination of hides and skins, preparation of the raw material by brining, liming and intensive washing followed by exposure of the material to a pH of >11 for >3 hours at temperature >80°C and followed by heat treatment at >140°C for 30 minutes at >3.6 bar; or by an equivalent production process approved in accordance with the procedure of article 17 of Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market.

     2. Hydrolysed protein from fish, feather, hides and skins shall be sampled after processing and found to have a molecular weight below 10000 Dalton.