There are three categories of animal by-products:

• Category 1 covers very high risk material including animals suspected or confirmed to be infected by certain diseases, animals that have been experimented on and other specified risk material;


• Category 2 covers high risk material including other diseased animals (not included in Category 1) and animals kept for human consumption which die by means other than slaughtering; and


• Category 3 covers low risk material that is fit, but not intended, for human consumption.

If you have animal by-products, you must send them to approved premises for treatment or disposal. Different categories of animal by-product should be handled at different sites (e.g. category 1 must be disposed of by direct incineration whereas category 3 has more options).

Catering waste is waste food from restaurants, catering facilities and kitchens. Catering waste can go directly to landfill for disposal but can only be sent to a composting or biogas facility approved under the Regulations.

Former foodstuffs are food, other than catering waste, that contains products of animal origin that is no longer intended for human consumption. Generally former food stuffs are category 3 animal by-products and you cannot send category 3 animal by-products to landfill but must dispose of them at approved premises, by rendering or incineration. However an exception allows businesses to send former foodstuffs to landfill until 31 July 2011. Otherwise you can dispose of former foodstuffs to landfill if they have been cooked or smoked.

If you are storing animal by-product waste, it must be stored in clean, sealed, leak-proof containers. You must not store animal by-products where they could contaminate other foodstuffs or be exposed to animals or wild birds.

Label all containers as follows:

• Category 3 material: 'Not for human consumption';


• Category 2 material: 'Not for animal consumption'; or


• Category 1 material: 'For disposal only'.

You must ensure that anyone removing your animal by-products is registered as either a carrier of controlled waste or a professional collector of waste. If the carrier only transports waste that contains animal by-products they do not need to be a registered waste carrier, but they must be registered as a professional collector with the Environment Agency. Make sure that the carrier gives you the correct documentation and keep a copy of all documents for at least two years as you may need to show them during an inspection.

Duty of Care
You have a duty of care as you are legally responsible for ensuring that waste your business produces or handles is stored, transported, treated, reprocessed and disposed of safely. The duty of care has no time limit. You are specifically responsible for your waste from when you produce it until you have transferred it to an authorised person. If you think that your waste is not being managed correctly you must take action to check and prevent this. You must keep records of all transfers of your waste.

Penalties & implications of non-compliance:

The local authority is responsible for enforcement. Breach of the Animal By-Products Regulations is liable to a fine and imprisonment.

Further information:

NetRegs:
http://www.netregs.gov.uk