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Animal By-Products Regulations 2005 (as amended)
Does your business produce waste food or animal waste?
If you are a food retailer, distributor, manufacturer, or a caterer, these regulations may affect you.
Purpose of the Regulations
These Regulations, update the Animal By-Products Regulations 2003 and came into force on 28th September 2005. They lay down rules for the collection, handling, transport, storage and disposal of animal by-products, which include catering waste, former foodstuffs and other animal waste. They aim to control the risks, including disease, to both animals and the public.
Some products may no longer be disposed of through the normal waste collection service, and there are rules on:
- who can collect the waste from you and how they can destroy it;
- keeping records of the waste produced; and
- cleaning and disinfection.
Catering waste
Catering waste is all waste food (including used cooking oils) originating in restaurants, catering facilities and kitchens, including domestic kitchens. The disposal of catering waste is only controlled by the Regulations if you are sending it:
- for animal consumption (for animals other than those farmed for food); or
- for use in a biogas plant or for composting.
All other catering waste can continue to be disposed of to landfill in the normal way. However, you must ensure that the waste is stored in covered leak-proof containers to which wild animals and birds cannot gain access.
If the catering operation shares premises with another food activity such as retail, bakery, or butchery, the non-catering waste must be disposed of as set out below.
Waste food originating from retailers, distributors, wholesalers and manufacturers
The following two categories of food products fall into the lowest category of animal by-product waste, which is Category 3, and so must be disposed of in accordance with the above Regulations.
- Raw meat and fish: including meat and fish off-cuts, products that require cooking before consumption, e.g. scampi, fish fingers, raw sausages, chicken kiev, bacon. These products must be collected by a licensed carrier and disposed of in an approved manner, e.g. by rendering, incineration, or disposal at an approved biogas or composting plant.
- Former foodstuffs: uncooked and lightly cooked meat, poultry and fish products that are no longer intended for human consumption, e.g. due to commercial reasons, or manufacturing/packaging defects, and also out-of-date foods. This includes, for example, rare cooked meat, beef and jerky, Parma and Serrano ham, sushi, raw eggs and smoked salmon. From 1st January 2006 these products must be disposed of at approved premises by one of the prescribed methods (in the same way as for raw meat and fish).
Two flow charts are attached to help you decide how to dispose of your food waste:
1. Animal By-Products Regulations flowchart (MS Word document)
2. Disposal of waste foods containing animal by-products flowchart (MS Word document)
What must I do with waste food that cannot go to landfill?
- Store all Category 3 waste (as defined above) separately from other wast in dedicated containers. It is important to keep animal by-product and general waste separated. If other waste becomes mixed with animal by-product waste, then it al has to be treated as animal by-product waste.
- Waste containers: Animal by-product waste must be stored in a clean, lidded, leak-proof container and must be labelled: ‘Category 3 material’ and ‘Not Intended for Human Consumption’.
Storage should not pose a risk of contamination to other foodstuffs, nor be left exposed to animals or wild birds.
- Collection must be by a licensed carrier (see below for how to find one) and be taken to approved premises for the correct method of disposal. You may want to work with other local retailers to establish a workable collection route by the same collector. The licensed carrier must give you a commercial document specifying the following:
1. The date the material was moved.
2. Description of the material and the category description.
3. The quantity of material.
4. Place of origin of material.
5. Name and address of carrier.
6. Name and address of receiver and approval number (if applicable).
The original commerical document should accompany the material to its destination and be retained by the recipient, and the third copy should be kept by the transporter.
- Records: As a consignor of animal by-product waste you must additionally keep a record showing (a) (b) (e) and (f) above. Records may be written or in electronic form.
Both the commercial documents and records are required to be kept for two years, and must be available for inspection by an authorised inspector.
- Cleansing and disinfection: After each collection you must thoroughly clean and disinfect the container.
- Emergencies: You are advised to make plans in case of an emergency, e.g. a freezer breakdown or product recall, when you may have to destroy large amounts of animal by-product at short notice.
What about ‘sale or return’ foods?
You can continue your normal practices with your supplier. However, you cannot use them to dispose of other former foodstuffs, e.g. out-of-date/damaged canned or dried meat products, which should be collected by a licensed carrier, as detailed above.
Do I have to empty food from its packaging before it is collected?
You should check with your licensed collector that they will accept waste animal by-products in its packaging. If they will not, the packaging must be properly emptied before the Category 3 material is collected, and the empty packaging sent to landfill. However, poorly emptied packaging will be considered as animal by-products and should be disposed of in accordance with the Regulation.
Packaging which is significantly contaminated with Category 3 material can not be sent to landfill and must be disposed of as Category 3 material
Where can I get a list of approved carriers?
Details of licensed carriers and approved premises to transport and dispose of animal by-product waste can be provided by your local Trading Standards Service. A list is also available on the DEFRA website: Animal by-products page and via the DEFRA Former Foodstuffs guidance document (PDF 79.3KB)
You can telephone DEFRA on 0116 278 7451. You will also find relevant companies in telephone and Internet directories.
Further information in the form of "Frequently Asked Questions" is available from the DEFRA website, by using the following link: Animal by-products: Former Foodstuffs - Frequently Asked Questions.
This leaflet is relevant for the following nations only:
- England
- Wales
- Northern Ireland
See below for the date this leaflet was last reviewed on.
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Categories : Food & Drink Bakery Products,Catering,Dairy Products,Delicatessen Products,Eggs,Fresh Fruit & Vegetables,Health Foods,Jam/Marmalade/Honey,Meat & Meat Products,Organic Foods,Pubs/Restaurants,Sandwiches,Supermarket
Trade Level :Manufacture,Import,Retail,Wholesale
Leaflet Reference No : 75 tsi.
Review Date :05/04/2006 |
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