ABPOCompostingAdraftRMT4.19.11.02.doc

STATUTORY INSTRUMENTS

2002 No.

ANIMALS

ANIMAL HEALTH, ENGLAND

The Animal By-Products (Amendment) (England) Order 2002

Made ---------------------- 2002

Coming into force 2002

The Secretary of State for Environment, Food and Rural Affairs, in exercise of

the powers conferred on her by sections 1, 8(1), [87(2), (3) and (5)(a) and 88(2)

and (4)(a)] of the Animal Health Act 1981(a ) makes the following Order:

Title, application and commencement

1.- (1) This Order may be cited as the Animal By-Products (Amendment)

(England) Order 2002.

(2) This Order applies to England.

(3) This Order comes into force on [ ] 2002.

( a )1981 c. 22. Functions conferred under the 1981 Act on "the Ministers" (as defined in section 86 of

that Act) were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to

the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food)

Order 1999 (S.I. 1999/3141) and were then further transferred to the Secretary of State by the Ministry

of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794)..ABPOCompostingAdraftRMT4.19.11.02.doc

Amendment of the Animal By-Products Order 1999

2.- (1) The Animal By-Products Order 1999(a ) is amended in accordance with

the following provisions of this Order.

(2) In article 3(1) the following definitions are inserted in the appropriate

alphabetical order –

" "biogas plant" means a plant in which biological degradation of

catering waste to which article 19 applies, is carried out under anaerobic

conditions for the production and collection of biogas;

"compost" means any material derived in accordance with the

requirements of this Order from catering waste to which article 19

applies, in an approved composting plant, or any material containing

such compost;

"composting plant" means a plant in which biological degradation of

catering waste to which article 19 applies, is carried out under aerobic

conditions for the production of compost; and

"digestion residue" means any material, other than any gas, derived in

accordance with the requirements of this order from catering waste to

which article 19 applies, in an approved biogas plant, or any material

containing such digestion residues;

"meat-excluded catering waste" means catering waste derived from

waste other than animal carcases, parts of animal carcases or products of

animal origin in accordance with a procedure intended to ensure that no

animal carcases, parts of animal carcases or products of animal origin are

included in the waste;".

(3) In article 3(3) the following sub-paragraph is added after sub-paragraph

(g)–

( a ) S.I. 1999/646, as amended in relation to England by S.I. 2001/1704..ABPOCompostingAdraftRMT4.19.11.02.doc

"(h) the production and use at any premises used only as a dwelling of

any catering waste, or any material derived from catering waste,

originating on the premises where-(

i) no ruminant animals or pigs are kept; or

(ii) poultry is kept and where the catering waste or

material derived from catering waste is produced and

stored in a container which prevents the poultry having

access to such catering waste or material.".

(4) In article 19 –

(a) the following paragraph is substituted for paragraph (1) –

"(1) No person shall –

(a) feed to any livestock any catering waste to which

this article applies or any feeding stuffs which have

been in contact with it;

(b) allow any livestock to have access to any catering

waste to which this article applies or any feeding

stuffs which have been in contact with it;

have access to any land onto which, within the

period of two months immediately preceding the

access, he or any other person has applied or

otherwise deposited any –

(i) compost; or

(ii) digestion residue;

(d) allow any livestock, other than any wild birds, to

have access to any feeding stuffs which have been in

contact with any compost or digestion residue,

unless such compost or digestion residue has been

applied or otherwise deposited onto land for not less

than 2 months immediately preceding the access; or.ABPOCompostingAdraftRMT4.19.11.02.doc

(e) feed to any livestock any compost or digestion

residue

(f) produce and use at any premises where ruminant

animals or pigs are kept, any material derived from

catering waste, compost or digestion residue.".

(5) After article 20 the following articles are inserted –

"Approval of biogas and composting plants
20A.- (1) No person shall process catering waste to which article 19

applies to produce compost or digestion residue except on premises and

with equipment approved under this article.

(2) The Secretary of State shall approve premises and equipment to

produce compost or digestion residue from catering waste to which

article 19 applies if she is satisfied that –

(a) the premises and the equipment comply with the

requirements of Schedule 4A and will be maintained and

operated in accordance with that Schedule;

(b) the catering waste will be processed in accordance with

Schedule 4A;

(d) no livestock will be able to have access to any catering

waste on the premises; and

(e) the other requirements of this Order will be complied with.

(3) An approval for the production of compost or digestion residue

from catering waste to which article 19 applies shall specify –

(a) the address of the premises and the operator of the

premises; and

(b) the parts of the premises in which the catering waste may

be received and processed;.ABPOCompostingAdraftRMT4.19.11.02.doc

(4) The approval shall contain a statement of the methods in accordance

with which, and the parameters within which, the catering waste must be

processed.

Operation of biogas and composting plants
20B.- (1) The occupier of premises approved under article 20A shall

maintain and operate the premises, and the equipment at the premises

used in connection with the approved use, in accordance with the

requirements of Schedule 4A to this Order and the approval.

(2) The occupier of premises approved under article 20A shall ensure

that any person employed by him, and any person invited to the

premises, complies with the approval.

Records to kept by occupiers of approved biogas and composting
plants
20C.- (1) The occupier of premises approved under article 20A shall

make the records specified in paragraph (2).

(2) The records are –

(a) the date on which any catering waste was delivered to the

premises;

(b) except in the case of collections of household waste by a

waste collection authority, the address of each of the

premises from which the waste was collected;

collection authority, the name of the waste collection

authority;

(d) the quantity and description of the catering waste,

including a statement of whether the waste is meat-excluded

waste; and.ABPOCompostingAdraftRMT4.19.11.02.doc

(e) the name of the person who transported the catering waste

and a description of the vehicle in which it was transported

sufficient to identify it.

(3) In paragraph (2) "household waste" and "waste collection

authority" have the same meanings respectively as they have for the

purposes of the Environmental Protection Act 1990(a ).

Consignments from approved premises
20D.- (1) No person shall consign any compost or digestion residue

unless it has been produced in accordance with the requirements of the

approval and Schedule 4A to this Order.

(2) Subject to paragraph (6), the occupier of premises from which any

compost or digestion residue is consigned shall make the records in

respect of the consignment specified in paragraph (3).

(3) The records are –

(a) the date on which any compost or digestion residue is

consigned from the premises;

(b) the address of each of the premises to which the compost or

digestion residue is consigned;

residue; and

(d) the name of the person who transported the compost or

digestion residue.

(4)_ Subject to paragraph (6), a livestock owner who receives the

consigned compost or digestion residue shall make the records of the

consignment as specified in paragraph (5).

(5) The records are-(

a) the date on which the compost or residue is received;

( a ) 1990 c.43..ABPOCompostingAdraftRMT4.19.11.02.doc

(b) the address of the premises from which the compost or

digestion residue is received;

residue;

(d) the land to which the compost or digestion residue us

applied;

(e) the date of such application; and

(f) the date on which the land is first cropped or the date on

which livestock, other than wild birds, were allowed

access to the land, whichever is sooner.

(6) The requirement in paragraphs (2) and (4) to make records shall not

apply in the case of any supply of compost or digestion residue to a

person who has received the compost or digestion residue for use at any

premises used as a dwelling ".

(6) For article 30 the following is substituted –

"Applications for approvals and registrations
30.- (1) Any approval or registration under this Order shall be in

writing.

(2) If the Secretary of State refuses to grant the approval or registration

approve or grants it subject to a condition she shall give the applicant

notice in writing of–

(a) the reasons; and

(b) his right to make written representations to the Secretary of

State and to be heard by an independent person appointed

by the Secretary of State.

Suspension or Revocation of Approvals and registrations
30A.- (1) The Secretary of State may amend, suspend or revoke

an approval or registration by notice in writing at any time

and in particular may do so if the Secretary of State is.ABPOCompostingAdraftRMT4.19.11.02.doc

reasonably of the opinion that the provisions of the Order

are not being complied with.

(2) The notice shall give –

(a) the reasons; and

(b) the right of the operator of the premises to make written

representations to the Secretary of State and to be heard by

an independent person appointed by the Secretary of State.

(3) An amendment suspension shall have immediate effect if the

Secretary of State reasonably considers that this is necessary for

the protection of public or animal health, and otherwise shall have

effect following the final determination by the Secretary of State

in accordance with the following article.

(4) A revocation shall have effect following the final

determination by the Secretary of State in accordance with the

following article.

Appeals
30B.- (1) A person on whom a notice is served under article 30 or

30A may within 21 days beginning with the day on which the

notice is served-(

a) provide written representations to the Secretary of

State; and

(b) provide notice of whether or not he wishes to appear

before an independent person appointed by the

Secretary of State.

(2) Where the appellant gives notice of his wish to appear before

and be heard by an independent person appointed for the purpose-.ABPOCompostingAdraftRMT4.19.11.02.doc

(a) the Secretary of State shall appoint an independent

person to hear representations and specify a time

limit within which representations must be made;

(b) the person so appointed shall not, except with the

consent of the appellant, be an officer or servant of

the Secretary of State;

public;

(d) if the appellant so requests, the Secretary of State

shall furnish to him a copy of of the report of the

person so appointed.

(3) The independent person shall report to the Secretary of State.

(4) The Secretary of State shall take that report and any written

representations made to her into account in determining the issue.

(5) The Secretary of State shall give to the appellant written

notification of her final determination and the reasons for it.

[(6) The Secretary of State shall be responsible for meeting the

reasonable fees and expenses of the independent person in relation

to the appeal except-(

a) where the Secretary of State confirms the notice served

under article 30 or 30A; and

(b) the Secretary of State is satisfied it is reasonable in all

the circumstances for the appellant to bear some or all of

the expense.

(7) Where the Secretray of State is satisfied that it is reasonable in

all the circumstances for the appellant to bear some or all of the

reasonable fees and expenses of the independent person, she shall.ABPOCompostingAdraftRMT4.19.11.02.doc

give notice to the appellant of the proportion of the expense, if

any, which she is satisfied the appellant should bear.

(8) The appellant and the Secretary of State shall each be

responsible for their own costs incurred in relation to the appeal.]

Notices
30C. Any notice served by an inspector under this Order shall be in

writing, may be subject to conditions and may be amended, suspended or

revoked by notice in writing at any time.".

(8) After Schedule 4 the following Schedule is substituted –

" "SCHEDULE 4A Article 20A
REQUIREMENTS
FOR PREMISES
PROCESSING
CATERING WASTE
Part I
Premises
1. There shall be a clean area and an unclean area, adequately separated. The

unclean area shall be easy to clean and disinfect. It shall have a covered place

(the reception area) to receive and store the unprocessed catering waste.

2. Unprocessed catering waste shall be unloaded in the reception area and

either–

(a) processed immediately, or

(b) stored in the reception area and processed without undue delay..ABPOCompostingAdraftRMT4.19.11.02.doc

3. Digestion residues and compost must be handled and stored at the plant in

such a way as to preclude recontamination. Digestion residues or compost shall

not be allowed to come into contact with any unprocessed catering waste.

Floors shall be laid so that liquids cannot seep from the unclean area into the

clean area.

4. Persons who have been in the unclean area shall not enter the clean area

without first disinfecting or changing their footwear and changing their outer

clothing. Equipment and utensils which have been in the unclean area shall not

be taken into the clean area unless they have been suitably cleansed and

disinfected.

5. Premises must have adequate facilities for cleaning and disinfecting vehicles

and containers transporting catering waste. Containers, receptacles and vehicles

used for transporting unprocessed catering waste must be cleaned in the unclean

area.

6. Animals and unauthorised persons shall not be permitted to enter the

premises. Preventive measures against birds, rodents, insects or other vermin

must be taken systematically. A documented pest-control programme must be

used for that purpose.

7. Cleaning procedures must be documented and established for all parts of the

premises. Suitable equipment and cleaning agents must be provided for

cleaning.

8. Hygiene control must include regular inspections of the environment and

equipment. Inspection schedules and results must be documented.

9. Installations and equipment must be kept in a good state of repair and

measuring equipment must be calibrated at regular intervals.

10. Biogas plants must be equipped with a pasteurisation/hygienisation unit,

which cannot be by-passed..ABPOCompostingAdraftRMT4.19.11.02.doc

11. Composting plants must be in enclosed units or equipped with a closed

composting reactor, which cannot be by-passed.

12. Pasteurisation/hygienisation units and composting units must have –

(a) installations for monitoring temperature against time;

(b) recording devices to record continuously the results of these

measurements; and

Part II
Sampling of digestion
residues and compost
1. Each biogas plant and composting plant shall have its own laboratory

approved under this Order or make use of the services of a laboratory approved

under this Order.

2. Each batch of digestion residue or compost consigned from the premises shall

be sampled and the sample sent to an approved laboratory for testing for

salmonella and Enterobacteriaceae.
3. Whenever an operator sends a sample to an approved laboratory, he shall

send with the sample the following information in writing –

(a) the name and address of the premises at which the sample was

taken;

(b) the date on which the sample was taken; and.ABPOCompostingAdraftRMT4.19.11.02.doc

4. No person shall tamper with a sample taken under this article with intent to

affect the result of a test.

5. Each batch of digestion residue or compost consigned from the premises

shall–

(a) be free from Salmonella; and

(b) have successfully passed the test for Enterobacteriaceae specified

in paragraph 5 of Part IV of Schedule 3.

6. If the test demonstrates that the batch of digestion residue or compost does

not comply with paragraph 5, the operator shall-(

a) immediately notify the appropriate Minister of the full details of

the nature of the sample and the batch from which it was derived;

(b) ensure that no further digestion residue or compost suspected or

known to be contaminated is moved from the premises unless-(

i) it has been re-processed under the supervision of the

appropriate Minister and resampled and re-tested by

the appropriate Minister, and the re-testing has

shown that the re-processed digestion residue or

compost complies with paragraph 5; or

(ii) it is to be disposed of by incineration or to a landfill

authorised to dispose of non-hazardous waste..ABPOCompostingAdraftRMT4.19.11.02.doc

7. In paragraph 6 "landfill" and "non-hazardous waste" have the same meanings

respectively as they have for the purposes of the Landfill (England and Wales)

Regulations 2002. (a)

7. The operator of a laboratory approved under this Order shall immediately

notify the appropriate Minister for the biogas plant and composting plant, in the

event of tests establishing that the digestion residue or compost does not comply

with paragraph 5.

(a) S.I. 2002/794..ABPOCompostingAdraftRMT4.19.11.02.doc

Part III
Processing systems and
parameters
1. Unless an approval specifically permits a different system, catering waste

must be processed by one of the systems specified in the table below. The

system must ensure, as a minimum, that 99.8% of the material is treated to the

following parameters:

System Composting (in closed reactor) Biogas (in pasteurisation or hygienisation unit)
Composting (in closed reactor) or biogas (in pasteurisation or hygienisation unit)
Composting (in housed windrows) Maximum particle size
40 cm 5 cm 6 cm 40 cm

Minimum
temperature
60 o C 57 o C 70 o C 60 o C

Minimum
time spent at
the
minimum
temperature
2 days 5 hours 1 hour 8 days

(during which

the windrow

shall be

turned 3 times

at no less than

2 days

intervals)

2. The approval must specify-(

a) in the case of composting plants either-(

i) sub-paragraph (a) and (c); or

(ii) sub-paragraph (b).ABPOCompostingAdraftRMT4.19.11.02.doc

of the additional measures specified in paragraph 3; or

(b) in the case of biogas plants one of the additional measures specified

in paragraph 3.

3. The additional measures are –

(a) the catering waste must be meat-excluded catering waste;

(b) in the case of the production of compost, following treatment in

the approved system the catering waste shall be

processed by one of the systems specified in paragraph 1 or

by composting in open windrows to the same treatment

parameters as for housed windrows in paragraph 1.

must be stored for at least 18 days after treatment (storage need

not be in an enclosed system).

4. If an approval permits a system other than one described in the table, the

complete processing system for the catering waste must be described in the

approval.

5. The approval must specify in the case of composting plants that for a

minimum of seven days during the processing system the catering waste shall

be processed in a closed system..ABPOCompostingAdraftRMT4.19.11.02.doc

Signed

Parliamentary Under-Secretary of State

Department for Environment, Food and Rural Affairs.ABPOCompostingAdraftRMT4.19.11.02.doc

EXPLANATORY NOTE
(This note is not part of the Order)
This Order further amends the Animal By-Products Order in relation to England

("ABPO"), S.I. 1999/646, as amended in relation to England by S.I. 2001/1704.

This Order makes provision in relation to the production of compost and

digestion residue, a by-product from the production of biogas, from the catering

waste derived from animal carcases and products of animal origin described in

article 19(3) of ABPO.

The amendments made by the Order –

(a) inserts sub paragraph (g) in article 3 to disapply the provisions of

the ABPO to certain premises used only as a dwelling.

(b) substitute a new article 19(1) of ABPO. This new article 19(1)

continues in force the existing prohibitions on feeding to

livestock, or allowing livestock to have access to, the catering

waste derived from animal carcases and products of animal origin

described in article 19(3) of ABPO and the prohibition on

bringing any of this category of catering waste onto any premises

where any livestock are kept. And it adds related prohibitions: to

prohibit allowing livestock (other than wild birds) to have access

to any land if within the previous two months anyone has applied

or otherwise deposited any compost digestion residue; a

prohibition on allowing any livestock, other than any wild birds,

to have access to any feeding stuffs which have been in contact

with any compost or digestion residue; a prohibition on feeding to

any livestock any compost or digestion residue; and a prohibition

on producing and using at any premises where ruminant animals

or pigs are kept any compost or digestion residue.

(i) to prohibit the processing of catering waste derived from

animal carcases and products of animal origin described in

article 19(3) of ABPO except on premises and with

equipment approved under the new article; and

(ii) to provide, together with a new Schedule 4A to ABPO, the

requirements for approval;

(d) inserts new articles in ABPO to impose requirements in

connection with the approved use of the premises, records and.ABPOCompostingAdraftRMT4.19.11.02.doc

consignments of catering waste, compost and digestion residue

from approved premises;

(e) substitutes a new article 30 in ABPO in relation to applications for

approvals of premises; and

(f) inserts new provisions about notices suspensions and revocations

of approvals and registrations of premises under ABPO and

appeals against decisions in relation to approvals and registrations

(articles 30A to 30C).

A Regulatory Impact Assessment has been prepared and placed in the library of

each House of Parliament. Copies can be obtained from the TSE Directorate of

the Department for Environment, Food and Rural Affairs, 1A Page Street,

London SW1P 4PQ.