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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The legislation establishes the enforcement framework in England for the rules governing animal by-products(ABPs). Its purpose is to:
The regulations enforce duties on those who handle animal by‑products. Key requirements include:
1. Classification and handling of ABPs
ABPs must be identified and categorised correctly (Category 1, 2 or 3 materials).
Each category must be handled, stored and transported separately to avoid contamination.
2. Approved facilities
Operators must use approved premises for processing, incineration, composting, biogas treatment or disposal of ABPs.
Facilities must meet structural, operational and record‑keeping standards.
3. Collection, transport and disposal
ABPs must be transported in leak‑proof, labelled containers or vehicles
Disposal must take place only via authorised routes such as rendering, incineration, anaerobic digestion, composting or approved landfill.
4. Record‑keeping
Businesses must keep accurate movement, processing and disposal records.
Traceability is essential to demonstrate compliance.
5. Registration and approvals
Certain operators must register with the competent authority or obtain approval to handle specific categories of ABPs.
6. Enforcement powers
The regulations provide inspectors with powers to:
The legislation applies to any person or business in England involved in:
Essentially, any entity that produces, handles, transports, stores, processes, uses, or disposes of animal by‑products.
This legislation applies only in England.
Other UK nations have their own equivalent regulations, meaning:
The enforcement structure is therefore regional, not UK‑wide.
Official Legislation
The Animal By-Products (Enforcement) (England) Regulations 2013
Government Guidance (Defra)
Animal by‑products legislation for England: exemptions and derogations
Controls on animal by‑products (Defra guidance)
Regulatory and Technical Guidance
Food Standards Agency – Animal By‑Products guidance (Manual for Official Controls)
Practical Industry Guidance
Fallen stock and ABP disposal guidance
Additional Legal/Reference Sources
FAOLEX summary (international legal database)
These regulations enforce retained EU rules on animal by‑products. The exemptions take the form of “authorisations” that allow certain activities under controlled conditions. They apply only where the operator follows any conditions set by the competent authority(usually Defra or APHA).
The key categories of exemptions include:
1. Feeding‑related exemptions
Certain uses of ABPs for feeding animals are permitted under controlled conditions, including:
2. Use of ABPs for pet food
Some ABPs that are no longer intended for human consumption may be used to produce pet food, provided the operator follows the required conditions and holds any necessary authorisation.
3. Exemptions for specialist or low‑risk uses
Use of uncooked shellfish shells containing residual flesh spread to land under controlled conditions.
Limited circumstances where fallen stock may be buried or burned in remote areas where no practical alternative exists.
4. Research, diagnostic and educational exemptions
5. On‑farm and small‑scale exemptions
Certain low‑risk on‑farm uses of ABPs may be authorised, provided they present minimal risk to public or animal health and follow the specified conditions.
6. Exemptions requiring prior consent
Some activities involving ABPs may only take place under an exemption after approval from the competent authority. These typically include:
Burials or burning of fallen stock in special circumstances.
Use of ABPs in controlled research or specialised applications.
Certain types of movement or processing of higher‑risk materials.
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