The Processed Animal Protein (Wales) Regulations 2001 (revoked)

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Welsh Statutory Instruments

2001 No. 2780 (W.233)

AGRICULTURE, WALES

The Processed Animal Protein (Wales) Regulations 2001

Made

19th July 2001

Coming into force

1st August 2001

The National Assembly for Wales, being designatedF1 for the purposes of section 2(2) of the European Communities Act 1972F2 in relation to the common agricultural policy of the European Community, hereby makes the following Regulations —

Title, commencement and applicationE+W

1.  These Regulations may be cited as the Processed Animal Protein (Wales) Regulations 2001, shall come into force on 1st August 2001 and shall apply to Wales.

InterpretationE+W

2.—(1) In these Regulations, unless the context otherwise requires—

  • “animal by-product” (“sgîl-gynnyrch anifeiliaid”) has the same meaning as in the Animal By-Products Order 1999 F3;

  • “ABPO approved” (“wedi’i gymeradwyo o dan y GSGA”), in relation to premises, means approved under article 7 of the Animal By-Products Order 1999, in accordance with article 5(2) of Council Directive 90/667/EEC F4 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feeding-stuffs of animal or fish origin and amending Directive 90/425/EEC, for the purpose of rendering low risk animal by products; and “ABPO approval” shall be construed accordingly;

  • “animal waste” (“gwastraff anifeiliaid”) has the same meaning as in Council Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feeding-stuffs of animal or fish origin and amending Directive 90/425/EEC;

  • F5...

  • “catering waste” (“gwastraff arlwyo”) has the same meaning as in the Animal By-Products Order 1999;

  • “the Commission Decision” (“Penderfyniad y Comisiwn”) means Commission Decision 2001/9/EC F6 concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;

  • “the Council Decision” (“Penderfyniad y Cyngor”) means Council Decision 2000/766/EC F7 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein;

  • “farmed animal” (“anifail a ffermir”) means an animal which is kept, fattened or bred for the production of food;

  • “inspector” (“arolygydd”) means —

    (a)

    any person appointed to be an inspector under the Animal Health Act 1981; and

    (b)

    a person appointed as such for the purposes of these Regulations by a local authority in relation to its enforcement responsibilities under these Regulations;

  • “local authority” (“awdurdod lleol”) means in respect of a county or county borough, the council of that county or county borough;

  • “the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

  • “premises” (“safle”) includes any place, stall or moveable structure.

  • “processed animal protein” (“protein anifeiliaid wedi’i brosesu”) means meat and bone meal, meat meal, bone meal, blood meal, dried plasma and other blood products, hydrolysed protein, hoof meal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal, dicalcium phosphate, gelatin and any other similar products including mixtures, feeding-stuffs, feed additives and premixtures, containing these products;

  • F8...

  • “veterinary inspector” (“arolygydd milfeddygol”) means a person appointed to be a veterinary inspector under the Animal Health Act 1981.

(2) Expressions in these Regulations which are not defined in paragraph (1) above and which appear in the Council Decision or the Commission Decision have the same meaning in these Regulations as they have for the purposes of those Decisions.

(3) For the purposes of these Regulations and their application, material shall be treated as a feeding-stuff whether it is used or intended to be used as a feeding-stuff by itself or as an ingredient in something which is so used or intended for such use.

[F9(4) Any reference in these Regulations to a Schedule or regulation is, unless the context otherwise requires a reference to a Schedule to these Regulations or a regulation of these Regulations.]

F3S.I. 1999/646, amended by S.I. 2001/1735 (W.122).

F4OJ No. L363, 27.12.1990, p.51.

F6OJ No. L2, 5.1.2001 p.32.

F7OJ No. L306, 7.12.2000, p.32.

ApplicationE+W

3.—(1) These Regulations apply in relation to processed animal protein intended for the feeding of animals (excluding humans).

(2) These Regulations do not apply in relation to —

[F10(a)catering waste; or

(b)eggs and egg products.]

F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Feeding processed animal protein to farmed animalsE+W

F124.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Production of fishmeal for feeding to farmed animals other than ruminantsE+W

F125.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Production of dicalcium phosphate for feeding to farmed animalsE+W

F126.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Production of hydrolysed protein for feeding to farmed animalsE+W

F127.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of premises, suspension and withdrawal of approvalE+W

F128.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sale or supply of processed animal protein intended for the feeding of farmed animalsE+W

F129.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trade with other member StatesE+W

10.—(1) Subject to paragraphs (2) and (3) below, no person shall send any processed animal protein to another member State.

(2) If the conditions specified in paragraph (3) below are met, the prohibitions in paragraph (1) 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)to dicalcium phosphate referred to in regulation 4(2)(c) above, produced in accordance with Schedule 2, for feeding to farmed animals;

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

(g)to milk and milk products.

(3) The conditions referred to in paragraph (2) above are —

(a)the member State of destination

(i)has authorised receipt of processed animal protein from the United Kingdom for the purposes of article 3(1)(a) of the Commission Decision; and

(ii)has authorised processed animal protein from the United Kingdom to be sent only to premises in the member State of destination other than premises producing feeding-stuffs for farmed animals;

(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;

(c)the processed animal protein is —

(i)transported in sealed, covered containers or vehicles, in such a way as to prevent loss; and

(ii)conveyed directly to a petfood or feed plant in the member State of destination; and

(d)notice is given to a veterinary inspector by or on behalf of the person sending the processed animal protein in sufficient time and manner to enable the National Assembly to inform [F13the competent authority] of the member State of destination, in accordance with the ANIMO procedure established under Commission Decision 91/398/EEC F14 as applied for the purposes of the Commission Decision, of the place of destination of each consignment sent.

(4) Where processed animal protein has been sent to another member State and the member State of destination, in accordance with the ANIMO procedure established under Commission Decision 91/398/EEC as applied for the purposes of the Commission Decision, has not informed the National Assembly that the consignment has arrived, the National Assembly shall immediately take the appropriate action which, in its opinion, is necessary or expedient for the purposes of article 3(1)(e) of the Commission Decision.

(5) Subject to paragraphs (6) and (7) below, no person shall import any processed animal protein from another member State.

(6) If the conditions specified in paragraph (7) below are met, the prohibitions in paragraph (5) above shall not apply —

(a)to petfood referred to in chapter 4 of Annex I 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)to dicalcium phosphate referred to in regulation 4(2)(c) above, produced in accordance with Schedule 2, for feeding to farmed animals;

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

(g)to milk and milk products.

(7) The conditions referred to in paragraph (6) above are —

(a)the National Assembly —

(i)has authorised receipt of processed animal protein from the member State for the purposes of article 3(1)(a) of the Commission Decision; and

(ii)has authorised processed animal protein from the member State to be sent only to premises in Wales other than premises producing feeding-stuffs for farmed animals;

(b)before the processed animal protein is imported, the person who intends to import it has given notice of the proposed import to a veterinary inspector;

(c)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;

(d)the processed animal protein is —

(i)transported in sealed, covered containers or vehicles, in such a way as to prevent loss; and

(ii)conveyed directly to a petfood or feed plant in the member State of destination; and

(e)notice is given to a veterinary inspector by or on behalf of the person sending the processed animal protein in sufficient time and manner to enable the National Assembly to inform [F15the competent authority] of the member State of origin, in accordance with the ANIMO procedure established under Commission Decision 91/398/EEC as applied for the purposes of the Commission Decision, of the arrival of each consignment sent.

F14OJ No. L221, 9.8.1991 p.30.

Trade with third countriesE+W

11.—(1) Subject to paragraphs (2) and (3) below, no person shall export any processed animal protein to a third country.

(2) If the conditions specified in paragraph (3) below are met, the prohibition in paragraph (1) 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)to dicalcium phosphate referred to in regulation 4(2)(c) above, produced in accordance with Schedule 2, for feeding to farmed animals;

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

(g)to milk and milk products.

(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)[F16to] dicalcium phosphate referred to in regulation 4(2)(c) above, produced in accordance with Schedule 2, for feeding to farmed animals;

(f)[F17to] hydrolysed protein referred to in regulation 4(2)(d) above, produced in accordance with Schedule 3, for feeding to farmed animals; or

(g)[F18to] milk and milk products.

(6) The condition referred to in paragraph (5) above is that the processed animal protein is dealt with in accordance with the conditions laid down in article 8 of Directive 97/78/EC F19.

Manufacture of feeding-stuffsE+W

F2012.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Production of feeding-stuffs containing fishmeal for feeding to farmed animals other than ruminantsE+W

F2013.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Production of feeding-stuffs containing dicalcium phosphate for feeding to farmed animalsE+W

F2014.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Production of feeding-stuffs containing hydrolysed protein for feeding to farmed animalsE+W

F2015.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use and storage of feeding-stuffs containing fishmeal, dicalcium phosphate or hydrolysed proteinE+W

F2016.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Records relating to processed animal proteinE+W

17.—(1) Any person who consigns processed animal protein shall keep for two years from the date of consignment (or, in the case of processed animal protein produced outside the United Kingdom, for two years from the date on which it was imported into the United Kingdom) a record indicating —

(a)the date of consignment and the nature of the processed animal protein consigned;

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

(c)the destination of the consignment;

(d)the name and address of the consignee;

(e)the registration number of the vehicle in which the consignment is transported; and

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

(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.

(5) The driver of a vehicle in which a consignment of processed animal protein is transported shall have a document recording the information required by paragraph (4) above in his or her possession at all times when he or she is in charge of that vehicle.

(6) In relation to a vehicle not having a registration number, the requirement to keep a record of the registration number pursuant to paragraphs (1)(e), (2)(e) and (4)(d) above shall be a requirement to keep such details as permit the identification of the vehicle in which the consignment was transported.

Powers of entryE+W

18.—(1) An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any premises (excluding premises used only as a dwelling) for the purpose of ascertaining whether—

(a)there is or has been on the premises any contravention of any provisions of these Regulations; or

(b)there is on the premises any evidence of any contravention of any provisions of these Regulations.

(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,

the Justice of the Peace may by warrant signed by him or her authorise an inspector to enter the premises, if need be by reasonable force.

(3) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him or her such other persons as he or she considers necessary, and on leaving any unoccupied premises which he or she has entered by virtue of such a warrant shall ensure that they are secured as effectively against unauthorised entry as when he or she found them.

Sampling and other checks and examinationsE+W

19.—(1) An inspector shall have power to carry out all checks and examinations necessary for the enforcement of these Regulations.

(2) An inspector may—

(a)take samples (and, if necessary, send the samples for laboratory testing) from any protein, feed or feeding-stuff;

(b)examine any record (including any record held in electronic form) which he or she believes to be relevant to any checks and examinations under these Regulations;

(c)seize, detain and require the production of any record which he or she has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations;

(d)take with him or her such other person as he or she considers necessary to carry out any checks and examinations under these Regulations;

(e)inspect any production, storage, transport or other operation carried out under these Regulations and anything used for the marking and identification of protein, feed or feeding-stuff; and

(f)take with him or her a representative of the Commission acting for any purposes of the Commission related to these Regulations.

ObstructionE+W

20.—(1) No person shall—

(a)intentionally obstruct any person acting in the execution of these Regulations;

(b)without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him or her for the purpose of carrying out his or her functions under these Regulations; or

(c)furnish to any person acting in the execution of these Regulations any information which he or she knows to be false or misleading.

(2) Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him or her.

Offences and penaltiesE+W

21.—(1) A person contravening or failing to comply with any provision of these Regulations, shall be guilty of an offence and shall be liable—

(a)on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

(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,

he or she, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3) For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Offences due to fault of another person and defence of due diligenceE+W

22.—(1) 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 of this regulation whether or not proceedings are taken against the first-mentioned person.

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

(3) If in any case the defence provided by paragraph (2) above 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 or she has previously appeared before a court in connection with the alleged offence, within one month of his or her first such appearance,

he or she has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his or her possession.

(4) In paragraph (3) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.

EnforcementE+W

23.—(1) Except as provided in paragraph (2) below, these Regulations shall be enforced and executed by the local authority.

(2) The National Assembly may direct, in relation to cases of a particular description or any particular case, that the duty imposed on a local authority under this regulation shall be discharged by the National Assembly and not by the local authority.

Service of notices and other documentsE+W

24.—(1) Any notice or other document to be given or served on any person under these Regulations may be given or served either—

(a)by delivering it to that person;

(b)in the case of an incorporated body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it by post to him or her at that office; or

(c)in the case of any other person, by leaving it, or sending it by post to him or her, at his or her usual or last known address.

(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.

Amendment of the Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999E+W

25.—(1) The Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999 F21 shall be amended in so far as they apply to Wales in accordance with the following provisions of this regulation.

(2) In regulation 2(1), after the definition of “premises” there shall be inserted the following definition — “ processed animal protein has the same meaning as in the Processed Animal Protein (Wales) Regulations 2001 ”F22;

(3) In regulation 3, for paragraph (1) there shall be substituted the following paragraph —

(1) An authorised officer, on producing, if so required, a duly authenticated document showing his authority, shall have the right at all reasonable hours to enter any premises and there take such samples —

(a)as are necessary to enable the Official ELISA tests for the identification of ruminant protein in feeding-stuff intended for ruminants to be carried out; or

(b)of any protein, feed or feeding-stuff, whether or not intended for ruminants, as are necessary to enable —

(i)the Official ELISA tests to be carried out for the identification of ruminant protein; or

(ii)tests to be carried out for the identification of processed animal protein, or the identification of any type or description of processed animal protein, in the protein, feed or feeding-stuff..

F23 Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .

D. Elis-Thomas

The Presiding Officer of the National Assembly

regulations 4(2)(a) and 5

F24SCHEDULE 1E+WConditions for the transport of fishmeal for feeding to farmed animals other than ruminants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

regulation 6

F25SCHEDULE 2E+WConditions for the production of dicalcium phosphate for feeding to farmed animals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

regulation 7

F26SCHEDULE 3E+WConditions for the production of hydrolysed protein for feeding to farmed animals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanatory Note

(This note does not form part of the Regulations)

These Regulations give effect in Wales to Council Decision 2000/766/EC (OJ No. L306, 7.12.2000, p.32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein and Commission Decision 2001/9/EC (OJ No. L 002 5.01.2001 p.32) concerning control measures required for the implementation of Council Decision 2000/766/EC.

Regulation 2 contains definitions. These include a definition of a farmed animal as an animal which is kept, fattened or bred for the production of food. Regulation 3 provides that the Regulations apply in relation to processed animal protein intended for the feeding of farmed animals and that the Regulations do not apply to catering waste, eggs and egg products or swill.

Subject to exceptions, regulation 4 prohibits the feeding of processed animal protein to farmed animals.

Regulation 5 and Schedule 1 make provision in relation to the production of fishmeal for feeding to farmed animals other than ruminants; this includes provision for the approval of premises, the use of premises and the transport, including intermediate storage, of fishmeal from approved premises. Regulations 6 and 7 and Schedules 2 and 3 make similar provision respectively in relation to the production, of dicalcium phosphate and hydrolysed protein for feeding to farmed animals.

Regulation 8 makes provision for approval of premises, suspension and withdrawal of approval.

Regulation 9 makes provision for the sale or supply of processed animal protein intended for the feeding of farmed animals. Regulation 10 makes provision for trade with other member States and regulation 11 makes provision for trade with third countries.

Regulation 12 makes provision for the manufacture of feeding-stuffs.

Regulation 13 makes provision for the production of feeding-stuffs containing fishmeal for feeding to farmed animals other than ruminants.

Regulation 14 makes provision for the production of feeding-stuffs containing dicalcium phosphate for feeding to farmed animals. Regulation 15 makes provision for the production of feeding-stuffs containing hydrolysed protein for feeding to farmed animals. Regulation 16 makes provision for the use and storage of feeding-stuffs containing fishmeal, dicalcium phosphate or hydrolysed protein.

Regulation 17 imposes requirements in respect of records relating to processed animal protein and regulation 18 makes provision in respect of powers of entry. Regulation 19 provides for sampling and other checks and examinations. Regulation 20 provides offences of obstruction and regulation 21 makes provision for offences and penalties. Regulation 22 makes provision for offences due to the fault of another person and the defence of due diligence. Regulation 23 makes provision for enforcement of the Regulations, and regulation 24 makes provision for the service of notices and other documents. Regulation 25 amends the Bovine Spongiform Encephalopathy (Feeding-stuffs and Surveillance) Regulations 1999.

A Regulatory Appraisal has been prepared and published on the National Assembly for Wales web-site (www.wales.gov.uk). Copies can also be obtained from the National Assembly for Wales, Agriculture Policy Division, Cathays Park, Cardiff, CF10 3NQ.