The Animal By-Products (Enforcement) (Scotland) Regulations 2013, No. 307 (as amended)

The regulations set out how animal by‑products must be controlled and enforced in Scotland. Their purpose is to:

• Protect public and animal health by ensuring animal by‑products are handled safely.
• Prevent animal by‑products from re‑entering the human or animal food chain where this is not permitted.
• Implement the retained EU framework governing animal by‑products and derived products.
• Provide powers for enforcement, inspection, penalties, registration and approvals.

Key requirements

1. Categorisation and labelling

Animal by‑products must be classified into Category 1, 2 or 3 according to risk. Each category has mandatory labelling requirements such as:

• “For disposal only”
• “Not for animal consumption”
• “Not for human consumption”

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2. Collection, transport and disposal

• Animal by‑products must be collected, transported and disposed of promptly.
• Containers and vehicles must be sealed, covered and leak‑proof.
• Burial or burning on‑site is not allowed except in designated remote areas.

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3. Registration and approval

Operators handling animal by‑products must:

• Register their premises or activities with the competent authority.
• Obtain approval where required.
• Comply with notification, decision and appeal procedures.

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4. Staining requirements

Higher‑risk materials must be stained to prevent their accidental misuse or diversion.

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5. Use of organic fertilisers and soil improvers

• Animal‑by‑product‑derived fertilisers and soil improvers must only be used under specific conditions.
• Grazing restrictions apply, particularly for pigs on land treated with such materials.
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6. Fallen stock and BSE monitoring

• Fallen stock must be disposed of via approved routes.
• Cattle over specified age thresholds must undergo BSE testing.
• Animals must be sent promptly to authorised collection points.

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7. Enforcement powers and penalties

The regulations include:

• Powers of entry, inspection, sampling and serving notices.
• Offences for obstruction or failing to comply.
• Penalties for breaches.

Who the legislation applies to

The regulations apply to any individual or business in Scotland that produces, handles, transports, stores, processes, uses or disposes of animal by‑products. This includes:

• Farmers and livestock keepers
• Slaughterhouses, cutting plants and meat processors
• Food manufacturers and caterers
• Rendering, composting and biogas plants
• Pet food manufacturers
• Fallen‑stock collectors and transporters
• Waste carriers handling animal by‑products
• Research, veterinary and diagnostic facilities

UK countries and regions where it applies

This legislation applies only in Scotland.

Other UK nations have their own separate animal by‑products enforcement regulations:

• England – The Animal By‑Products (Enforcement) (England) Regulations 2013
• Wales – The Animal By‑Products (Enforcement) (Wales) Regulations 2014
• Northern Ireland – The Animal By‑Products (Enforcement) Regulations (Northern Ireland) 2015

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There is no single UK‑wide regulation; each nation enforces its own framework based on the same underlying retained EU rules.

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1. Categorisation and Identification Records

Operators must retain evidence showing:

• Correct classification of ABPs into Category 1, Category 2 or Category 3.
• Clear labelling of containers, storage areas and vehicles according to category.
• Evidence of segregation to prevent cross‑contamination.

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2. Registration and Approval Documentation

Where registration or approval is required, operators must keep:

• Proof of registration or approval from the competent authority.
• Records of applications, decisions, renewals, conditions and any appeals.
• Correspondence confirming authorisations for specific activities.

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3. Commercial Documentation for Every Movement

Each consignment of ABPs must be accompanied by documentation showing:

• Date of transport.
• Description and quantity of material.
• Category of ABP.
• Name and address of the origin, transporter and destination.
• Approval or registration numbers for relevant sites.
• Signature of the responsible person.

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These documents must be kept for inspection for the required retention period.

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4. Storage and Handling Evidence

Operators must maintain:

• Records showing use of leak‑proof, covered containers and compliant storage areas.
• Evidence of hygiene controls, including cleaning and disinfection of equipment and vehicles.
• Documentation demonstrating measures to prevent access by pests or animals.

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5. Transport and Vehicle Hygiene Records

Evidence should include:

• Vehicle cleaning and disinfection logs.
• Maintenance records for vehicles transporting ABPs.
• Proof that vehicles and containers used were secure, labelled and kept separate by category.

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6. Processing and Disposal Documentation

Where ABPs are processed or disposed of, the operator must retain:

• Treatment logs (e.g., rendering temperatures, composting times, anaerobic digestion records).
• Certificates of disposal or receipts from authorised facilities.
• Records confirming that disposal was carried out without undue delay.

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7. Fallen Stock and Carcase Disposal Records

For fallen stock, evidence must include:

• Collection records from approved collectors.
• Timing records showing prompt reporting and removal.
• BSE testing documentation for cattle where required.

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8. Staining Compliance

Where staining is required, operators must retain:

• Records of staining procedures and materials used.
• Evidence that stained products were kept separate and disposed of correctly.

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9. Organic Fertilisers and Soil Improvers

Where ABP‑derived fertilisers or soil improvers are used:

• Documentation confirming materials were treated and applied according to conditions.
• Records showing compliance with mandatory waiting periods before animals graze treated land.

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10. Research, Educational or Diagnostic Use Records

Where ABPs are used for specialised purposes:

• Evidence of authorisation, where required.
• Registers of samples or consignments.
• Documentation showing safe handling, storage and disposal.
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11. Internal Policies, Procedures and Training

Operators should maintain:

• Documented procedures covering handling, storage, transport, staining, record‑keeping     and disposal.
• Staff training records, including refresher training.
• Internal audit or inspection records verifying compliance with the regulations.

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12. Enforcement and Incident Records

Operators must keep:

• Copies of any notices issued by inspectors.
• Evidence of corrective actions taken in response to non‑compliance.
• Incident logs for spillages, contamination events or procedural failures.

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