Regulation 7 – Animal By-products Aspects
Q.1 Is there a distinction in the animal by-product classification of “Raw Meat” dependent upon the different premises in which this “food waste” may be generated? – Is it always the case that
- all “raw meat” waste generated at restaurants/ kitchens is to be regarded as “catering waste”?,
- all “raw meat” waste generated in supermarkets is to be regarded as “former foodstuffs”?, and
- all “raw meat” waste generated at butchery counters is to be regarded as “butchery waste”?
Answer: The scope of the definition of “Catering Waste” is considered to be very clear as it includes all food waste “originating in restaurants, catering facilities and kitchens, including central kitchens and household kitchens”. This should not cause any complications either in interpretation or practice, as the Food Waste Regulations will require it to be source segregated at the point it is generated.
The relevant descriptions of “former foodstuff” and “butchery waste” are as follows:
“former foodstuffs” means former foodstuffs or products of animal origin or 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; and“butchery waste”, in accordance with the descriptions in Article 6(1)(a) and 6(1)(b) of EU Animal By-products Regulation 1774/2002, means animal by-products consisting of parts of slaughtered animals, or any material containing such by-products which are
(a) fit for human consumption in accordance with Community legislation, but are not intended for human consumption for commercial reasons;
(b) rejected as unfit for human consumption but are not affected by any signs of diseases communicable to humans or animals and derive from carcases that are fit for human consumption in accordance with Community legislation;All meat waste generated at a “butchery counter” is to be regarded as “butchery waste” and packaged meat waste arising on sales’ display shelves is to be regarded as “former foodstuffs”.
Q.2 Is it proposed that the current animal by-product requirement, supervised by the Health Service Executive, for butcher’s waste to be sent to a rendering plant will change under the Food Waste Regulations?
Answer:It is not proposed that there would be any change in the current requirement for “butchery waste” to be sent for treatment in a Rendering Plant as a result of the Food Waste Regulations.
The Food Waste Regulations are drafted in a way so as to be aligned with animal by-products legislation, by making appropriate reference to the relevant provisions within Regulation (EC) No. 1774/2002 and national legislation on animal by-products. The Food Waste Regulations are deliberately not attempting to re-iterate these very detailed provisions, thereby avoiding the creation of inconsistencies between veterinary and waste legislation. Animal by-product obligations must be fulfilled at all times. Accordingly, knowledge of animal by-products legislation is essential when interpreting and implementing the requirements of the Food Waste Regulations.
Q.3 What further clarification can be provided on the management requirements of catering waste, former food stuffs and categories of animal by-products (ABP) in relation to their storage, transport and treatment?
Answer: The specific provisions of the Food Waste Regulations do not extend to
- Category 1 Animal By-products (refer to Regulation 3(2)(b) of the Food Waste Regulations) which must instead be managed strictly in accordance with Regulation 1774/2002- in this regard, Category 1 Animal By-products include “catering waste” that has arisen from a means of transport operating internationally.
- Category 2 Animal By-products (refer to Regulation 3(2)(c) of the Food Waste Regulations) which must instead be managed strictly in accordance with Regulation 1774/2002 – in this regard, the three Category 2 animal by-products permitted to be accepted as feedstocks in Composting/ Biogas Plants under the DAFF “Conditions” documents (Manure, Digestive tract content separated from the digestive tract and Milk) do not constitute food within the meaning of the Food Waste Regulations.
The overall management requirements that prevail for animal by-Products are set out in Article 3 of Regulation (EC) No. 1774/ 2002, providing that “Animal by-products, and products derived therefrom, shall be collected, transported, stored, handled, processed, disposed of, placed on the market, exported, carried in transit and used in accordance with this Regulation (1774/2002)”
For the storage of animal by-products on the site of production, Articles 4 (Category 1 ABP), 5 (Category 2 ABP) and 6 (Category 3 ABP) of Regulation (EC) No. 1774/ 2002 each provide that the animal by-products “shall be collected, transported and identified without undue delay” – thus the animal by-product must be removed for the purposes of authorised treatment in an efficient manner.
Collection, transportation and storage of animal by-products should be undertaken in accordance with Article 7 of Regulation (EC) No. 1774/2002.
Treatment must take place in an authorised treatment process (see definition in Food Waste Regulations) within an authorised facility (see definition in Food Waste Regulations) possessing the requisite waste authorisations, planning permissions and animal by-products approvals as appropriate.
The particular rules applicable to the management of animal by-products should always be confirmed with the Department of Agriculture, Fisheries and Food (DAFF) and the DAFF “Frequently Asked Questions” on Animal By-products should also be consulted at
http://www.agriculture.gov.ie/agri-foodindustry/animalbyproducts/frequentlyaskedquestionsfaqs/
Article 6 of the Food Waste Regulations further requires that food safety and hygiene standards/ obligations shall be fulfilled at all times and these take precedence over the Food Waste Regulations.
Q. 3 What takes precedence if there is a conflict between the Animal By-Products regulations and the Food Waste Regulations?
Answer: The Food Waste Regulations are drafted in a way so as to be aligned with animal by-products legislation, by making appropriate reference to the relevant provisions within Regulation (EC) No. 1774/2002 and national legislation on animal by-products. The Food Waste Regulations are deliberately not attempting to re-iterate these very detailed provisions, thereby avoiding the creation of inconsistencies between veterinary and waste legislation. Animal by-product obligations must be fulfilled at all times Accordingly, knowledge of animal by-products legislation is essential when interpreting and implementing the requirements of the Food Waste Regulations. In this regard:
- the definitions of “catering waste” and “former foodstuffs” are taken
directly from Regulation (EC) No. 1774/2002;
- Category 1, Category 2 and Category 3 Animal By-products are referred to
within the Food Waste Regulations – knowledge of the relevant animal by-
products legislation is essential for the interpretation and implementation
of the resultant obligations on producers, collectors, treatment facilities
etc.
Q.4 When is a catering waste a category 3 ABP?
Answer: Article 6.1(l) of Regulation (EC) No. 1774/ 2002 provides that “Catering Waste”, other than catering waste from means of transport operating internationally, is a Category 3 Animal By-product
Q.5 Can waste material currently sent for rendering e.g. bones and raw meat from butchers, now be suitable for composting through a brown bin collection system?
Answer: The “Conditions” Documents published by DAFF prescribe the permitted feedstocks that may be accepted at composting/ biogas plants – in this regard, Butcher shop waste is classified as Category 3 material in
accordance with Article 6. 1 (a) and (b) of Regulation (EC) No 1774/2002
and is not specified as a permitted feedstock in a composting/biogas
plant – instead it is required to be sent to a rendering plant for treatment.The Composting/ Biogas Plant “Conditions” documents provide a full schedule of the animal by-product (ABP) materials that may be used as feedstock in Composting and Biogas Plants in Ireland (note: animal by-product classification as set out in EU Regulation No. 1774/2002 in italics)
1. .CATEGORY 2 MATERIAL comprising the following:
o Manure (Article 5, 1 (a))
o Digestive tract content separated from the digestive tract, (Article 5, 1(a))
O Milk (Article 5, 1 (c))
2. CATEGORY 3 MATERIAL comprising the following:
o Feathers (Article 6, 1(c))
o 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, (Article 6, 1 (f))
o Raw milk, originating from animals that do not show clinical signs of any disease communicable through that product to humans or animals (Article 6, 1 (g))
o Fish or other sea animals, except sea mammals, caught in the open sea for the purposes of fishmeal production (Article 6, 1 (h))
o Fresh by-products from fish from plants manufacturing fish products for human consumption (Article 6,1 (i))
o Shells, hatchery by-products and cracked eggs by-products originating from animals which did not show clinical signs of any disease communicable through that product to humans or animals (Article 6, 1 (j))
o Catering waste which is defined as ‘ all waste food including used cooking oil originating in restaurants, catering facilities and kitchens, including central kitchens and household kitchens.’(Article 6, 1(l))3. Other Acceptable Feedstocks
Processed animal protein, as defined in Annex 1 of EU Regulation No. 1774/2002.
Q.6 When does the exemption for a waste collection permit apply in respect of food waste under Article 30 (1) (g) of the Waste Collection Permit Regulations 2007-2008?
Answer: Waste collection permit legislation only applies to the collection of animal by-products in respect of “catering waste”. The collection and transport of all other types and categories of animal by-products is subject only to the requirements of Regulation (EC) No. 1774/2002 (i.e. as per Article 30(1)(g) of the Waste Collection Permit Regulations). All other food waste that is a non-animal by-product is subject to the Waste Collection Permit Regulations.
The legal requirements for animal by-product should always be confirmed with the Department of Agriculture, Fisheries and Food. The DAFF “Frequently Asked Questions” on Animal By-products should also be consulted at
http://www.agriculture.gov.ie/agri-foodindustry/animalbyproducts/frequentlyaskedquestionsfaqs/
Q 8. Hotels that have a small scale composting unit which might generate excess compost beyond its own needs. Will the Department of Agriculture, Fisheries and Food allow this compost to be sent to a waste collector/composter?
Answer: Formal animal by-product approval is currently not required for a small-scale composting plant situated on the grounds of a hotel under conditions where
- The input material is generated on the premises where the plant is situated; and
- the output material from the composting process is applied only to land at those premises in situations where pigs, ruminants and poultry do not have access in accordance with the provisions of the Diseases of Animals Act, 1966 (Prohibition on the Use of Swill) Order, 2001 (S.I. No. 597 of 2001).
It should also be noted that the Diseases of Animals Act 1966 (Prohibition on the Use of Swill) (Amendment) Order 2009 (S.I. No. 12 of 2009) provides that these particular restrictions do not automatically apply to a composting plant that operates in accordance with a formal animal by-products’ approval granted by DAFF for the purposes of Article 15 of Regulation (EC) No. 1774/2002 (subject to the specific conditions that may attach to a DAFF approval).
The legal requirements for animal by-product should always be confirmed with the Department of Agriculture, Fisheries and Food. The issue of small-scale Plants operated on the grounds of premises is currently under review by DAFF and the DAFF “Frequently Asked Questions” on Animal By-products should also be consulted athttp://www.agriculture.gov.ie/agri-foodindustry/animalbyproducts/frequentlyaskedquestionsfaqs/
