Animal By Products, not intended for human consumption

Transcription

1 Animal By Products, not intended for human consumption General presentation of: Regulation 1069/2009 (ABP Reg) Commission Regulation 142/2011 (Reg. 142/2011) Urška Galjot, dr.vet.med. Beograd, 28 February 1 March 2013 AGR 51719

2 Which are ABP rules? Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) Ammended with Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes

3 Which are ABP rules? Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive Ammended with : Commission Regulation (EU) No 749/2011 Commission Regulation (EU) No 1063/2012 Commission Implementing Regulation (EU) No 1097/2012.waiting for publication

4 Why do we need the ABP rules? Crisis in the past (BSE, dioxins ) To identify for which materials it applies - Scope - Starting point / End point - Categorisation Responsibilities - operator - official supervision To avoid / minimise the risks - use - treatment / processing / disposal - collection, transport, identification - traceability - approval / registration

5 Scope - 1 Article 2 (1) of 1069/2009 ABP by law ABP by decision of operator Treatment, processing, transformation Derived products Decision irreversible!!! Products of animal origin / raw material for their production 5

6 Scope - 2 Wild animals excl. Wild game no disease present Reproductive material for use in reproduction Wild game, not entering 853/2004 system Milk, colostrum and products thereof, originating, kept, and used / disposed of at the farm of origin Wild game products in retail / sale for final consumer Art. 1(3)(e) of 853/2004 Shells of shellfish without soft tissue Raw petfood from Retail shops / butchers Faeces and urine, excl. Manure and non-mineralized guano Catering waste, unless: International Use for feeding M1, biogas, compost Fish ABPs on fishing vessels, unless infested with certain parasites Raw petfood from Animals slaughtered on farm for own consumption 6

7 Definitions Art. 3 of Reg. 1069/2009 Annex I of Reg. 142/ animal by-products means entire bodies or parts of animals, products of animal origin or other products obtained from animals, which are not intended for human consumption, including oocytes, embryos and semen; 2. derived products means products obtained from one or more treatments, transformations or steps of processing of animal by-products;! 11. operator means the natural or legal persons having an animal by-product or derived product under their actual control, including carriers, traders and users; and more 7

8 Starting point Determines the point, at which ABP rules start to apply (art. 4 of Reg 1069/2009) as soon as operators generate animal by-products or derived products falling within the scope of this Regulation, they shall identify them and ensure that they are dealt with in accordance with this Regulation (starting point). operators shall ensure at all stages of collection, transport, handling, treatment, transformation, processing, storage, placing on the market, distribution, use and disposal within the businesses under their control that animal by-products and derived products satisfy the requirements of this Regulation which are relevant to their activities. Competent authorities have to perform official controls! 8

9 End point Determines the point, at which ABP rules stop to apply (art. 5 of Reg 1069/2009) derived products referred to in Article 33 which have reached the stage of manufacturing regulated by the Community legislation referred to in that Article shall be regarded as having reached the end point in the manufacturing chain, beyond which they are no longer subject to the requirements of this Regulation. the end point in the manufacturing chain may be modified: (a) for products referred to in Article 33(a) to (d), in case of risks to animal health; (b) for products referred to in Article 33(e) and (f), in case of risks to public or animal health. Additional specific rules for end point in Regulation 142/2011!!! 9

10 Categorisation Article 8, 9 and 10 or Reg. 1069/2009 Category 1 TSE risk, residue of illegal treatment and environmental contaminants Category 2 Microbiological risks, residues of veterinary medicinal products Category 3 ABPs from healthy animals, kitchen waste + art. 6 of Regulation 1069/2009 animal health restrictions 10

11 Use / disposal of Category 1 ABPs (a) disposed of as waste by incineration: (i) directly without prior processing; or (ii) following processing, by pressure sterilisation if the competent authority so requires, and permanent marking of the resulting material; (b) recovered or disposed of by co-incineration, if the Category 1 material is waste: (i) directly without prior processing; or (ii) following processing, by pressure sterilisation if the competent authority so requires, and permanent marking of the resulting material; (c) in the case of Category 1 material other than material referred to in Article 8(a)(i) and (ii), disposed of by processing by pressure sterilisation, permanent marking of the resulting material and burial in an authorised landfill; 11

12 Use / disposal of Category 1 ABPs (d) in the case of Category 1 material referred to in Article 8(f), disposed of by burial in an authorised landfill; (e) used as a fuel for combustion with or without prior processing; or (f) used for the manufacture of derived products referred to in Articles 33, 34 and 36 and placed on the market in accordance with those Articles. 12

13 Use / disposal of Category 2 ABPs a) disposed of as waste by incineration: (i) directly without prior processing; or (ii) following processing, by pressure sterilisation if the competent authority so requires, and permanent marking of the resulting material; (b) recovered or disposed of by co-incineration, if the Category 2 material is waste: (i) directly without prior processing; or (ii) following processing, by pressure sterilisation if the competent authority so requires, and permanent marking of the resulting material; (c) disposed of in an authorised landfill, following processing by pressure sterilisation and permanent marking of the resulting material; (d) used for the manufacturing of organic fertilisers or soil improvers to be placed on the market in accordance with Article 32 following processing by pressure sterilisation, when applicable, and permanent marking of the resulting material; 13

14 Use / disposal of Category 2 ABPs (e) composted or transformed into biogas: (i) following processing by pressure sterilisation and permanent marking of the resulting material; or (ii) in the case of manure, digestive tract and its content, milk, milk-based products, colostrum, eggs and egg products which the competent authority does not consider to present a risk for the spread of any serious transmissible disease, following or without prior processing; (f) applied to land without processing, in the case of manure, digestive tract content separated from the digestive tract, milk, milk-based products and colostrum which the competent authority does not consider to present a risk for the spread of any serious transmissible disease; (g) in the case of material originating from aquatic animals, ensiled, composted or transformed into biogas; (h) used as a fuel for combustion with or without prior processing; or (i) used for the manufacture of derived products referred to in Articles 33, 34 and 36 and placed on the market in accordance with those Articles. 14

15 Use / disposal of Category 3 ABPs (a) disposed of as waste by incineration, with or without prior processing; (b) recovered or disposed of by co-incineration, with or without prior processing, if the Category 3 material is waste; (c) disposed of in an authorised landfill, following processing; (d) processed, except in the case of Category 3 material which has changed through decomposition or spoilage so as to present an unacceptable risk to public or animal health, through that product, and used: (i) for the manufacturing of feed for farmed animals other than fur animals, to be placed on the market in accordance with Article 31, except in the case of material referred to in Article 10(n), (o) and (p); (ii) for the manufacturing of feed for fur animals, to be placed on the market in accordance with Article 36; (iii) for the manufacturing of pet food, to be placed on the market in accordance with Article 35; or (iv) for the manufacturing of organic fertilisers or soil improvers, to be placed on the market in accordance with Article 32; 15

16 Use / disposal of Category 3 ABPs (e) used for the production of raw petfood, to be placed on the market in accordance with Article 35; (f) composted or transformed into biogas; (g) in the case of material originating from aquatic animals, ensiled, composted or transformed into biogas; (h) in the case of shells from shellfish, other than those referred to in Article 2(2)(f), and egg shells, used under conditions determined by the competent authority which prevent risks arising to public and animal health; (i) used as a fuel for combustion with or without prior processing; (j) used for the manufacture of derived products referred to in Articles 33, 34 and 36 and placed on the market in accordance with those Articles; 16

17 Use / disposal of Category 3 ABPs (k) in the case of catering waste referred to in Article 10(p) processed by pressure sterilisation or by processing methods referred to in point (b) of the first subparagraph of Article 15(1) or composted or transformed into biogas; or (l) applied to land without processing, in the case of raw milk, colostrum and products derived therefrom, which the competent authority does not consider to present a risk of any disease communicable through those products to humans or animals. 17

18 Derogations for use / disposal Art. 16 of Reg 1069/2009 Which ABPs? Conditions? On- board evisceration of fish Art. 16(a) Research, exhibitions, artistic activities, diagnostics, education Art. 16(b) & 17 Alternative methods Art. 16(e) & 20 Feeding ZOO animals, circus animals, endangered species, fur animals, wild animals, dogd from recognised kennels, dogs and cats in shelters, fishing baits Art. 16 (c ) & 18 Which ABPs? Conditions? Art. 16 Reg. 1069/2009 Derogation for disposal: pets, equidae, remote areas, natural disasters, low quantities, disease occurence, bees Art. 16(d) in 19 Biodinamic preparations Art. 16(f) Petfood Art. 16(g) Surgical procedures on farm, births Art. 16(h)

19 Collection, transport and traceability - Art. 21 of Reg. 1069/ Art Annex VIII or Reg. 142/2011 ABPs have ot be categorised and identified immediatelly after they are produced, categories kept separate!!! Colour coding - colour coding between MSs (cat 1 black, cat 2 - yellow (except manure and digestive tract content), cat 3 green with high content of blue); - import colour coding after entry to the EU; Labelling - category; - prescribed wording (Chapter II, Annex VIII of Reg.142/2011); not necessary for certain cases in OF/SI, return of milk, milk based products and milk derived products to establishment of production (former foodstuffs), manure between two farms in same MS, compound feed manufactured from ABPs or DPs. Marking (GTH) 19

20 Collection, transport and traceability Commercial documents / certificates (2 years keeping) Model commercial document in line with Chapter III, Annex VIII of Reg. 142/ not necessary for: - DP from Cat 3 and OF/SI in the same MS by retailers to final users, or; - return of milk, milk based products and milk derived products or; - compound feed manufactured from ABPs or DPs. - produced at least in triplicate (original + 2 copies); - duly completed - for trade in unprocessed manure of species other than equidae, additional Health attestation signed by official veterinarian (Annex XI, Chapter I, Section 1, point 3) Movement in same MS - obligatory data Certificate between MSs only when required from AH reasons 20

21 Collection, transport and traceability Art. 48 of Reg. 1069/2009 Pre-authorisation - art. 48 of Reg 1069/2009 for Cat 1 and 2, MBM, rendered fats from Cat 1 and 2; - application format Section 10 Chapter III of Annex XVI of Reg 142/2011 (changed with amm. Reg. 1097/2012) TRACES notification for Cat 1 and 2, MBM, rendered fats from Cat 1 and 2, PAPs. CA at place of destination has to confirm arrival (Part 3 of TRACES, other means); Record keeping - General provisions: description of material, date in/date out, place of origin/place of destination - Additional provisions for use of derogations, use of certain OF/SI, photogelatine 21

22 Approval / Registration, obligations of operator. * art of Reg. 1069/2009 * implementing measures in Reg. 142/2011 Placing on the market of ABPs and DP * art of Reg. 1069/2009 * implementing measures in Reg. 142/2011 Concept of reducing risks with: Safe sourcing (art. 37 of Reg. 1069/2009) Safe treatment (art. 38 of Reg. 1069/2009) Safe end use (art. 39 of Reg. 1069/2009) 22

23 Import 1 Art. 41 of Reg. 1069/2009 ABP & DP SRM In line with Reg. 999/2001 in line with ABP rules at least equivalent for production and placing on the market within EU; under conditions, recognized as at least equivalent to those, which apply for production and placing on the market within EU; in case of ABP and DP from art. 33, 35 & 36 in line with those conditions. Hazardous waste In line with Reg. 1013/2006 ABP K1 in K2 & DP, Except for purpose of art , only if EU rules exist Nacional rules for research, lab. samples art. 17(1) Attention!!!

24 Import 2 Art. 41 or Reg. 1069/2009 Art.41 of 1069/ /2011 Art Annex XIV Annex XV NO! IMPORT Factory washed wool and hair or other safe method Fur dried 2 days, 18 C, 55% humidity New with Reg. 1063/2009: more options regarding wool Unprocessed manure Unprocessed feathers and dawn Beeswax in honeycombs Authorized by CA: Art. 26 of 142/2011 K1 (specific use) Art. 27 of 142/2011 (research, diagnostics) Art. 28 of 142/2011 (trade samples, exhibitions) Art. 29 of 42/2011 (Russian Federation - tranzit)

25 Import 3 Annex XIV Regulation 142/ amm. 749/2011, - amm. 1063/2012, - + one amm. waiting for publication Chapter I : Specific requirements for the importation into and transit through the EU of Cat. 3 materia and DP for uses in the feed chain other than for petfood or feed to fur animals Raw material (Category 3 material referred to in the column raw materials of Table 1); Conditions / treatment (column import and transit conditions of Table 1); Third country or part of a third country (listed in the column third countries list of Table 1); Health certificate (during transportation to the point of entry into the Union where the veterinary checks take place (column certificates/model documents of Table 1); or Other prescribed document presented at the point of entry into the Union where the veterinary checks take place (corresponding to the model referred to in the column certificates/model documents of Table 1); Establishment or plant which is registered or approved by the competent authority of the third country, as applicable, and which is on the list of such establishments and plants referred to in Article 30.

26 Import 4 Annex XIV Regulation 142/ amm. 749/2011, - amm. 1063/2012, - + one amm. waiting for publication Chapter II: Specific requirements for the importation into and tranzit through the EU of ABPs and DP for uses outside the feed chaon for farmed animals other then fur animals Raw material (referred to in the column raw materials of Table 2); Conditions / treatment (column import and transit conditions of Table 2); Third country or part of a third country (column third countries list of Table 2); Establishment or plant (registered or approved by the competent authority of the third country, as applicable, and which is on the list of such establishments and plants referred to in Article 30; Health certificate during transportation to the point of entry into the Union where the veterinary checks take place (column certificates/model documents of Table 1); or Other prescribed document presented at the point of entry into the Union where the veterinary checks take place (corresponding to the model referred to in the column certificates/model documents of Table 2).

27 Art. 43 of Reg. 1069/2009 Export of ABPs and DP Why limitations??? BSE Environment Hazardous waste -EU Legislation; -WTO (OIE); -OECD; -FAO (Codex Alimentarius); Food hygiene ABPs

28 Export of ABPs and DP Art. 43 of Reg. 1069/2009 ABP & DP incineration & landfill Cat1 & Cat2 & DP only if EU rules exist Biogas & composting (except OECD) attention Cat3 & DP Art /2002 Hazardous waste Reg. 1013/2006 SRM Reg. 999/2001

29 Official controls Art 4, points 3 5 of Regulation 1069/2009 -MSs follow and check operators during the whole ABP chain; -MSs have to ensure the ABP system is in place; Art. 45 of Regulation 1069/ Regular intervals; - Reference to Regulation 882/2004; - Possible to take into account Guides of good practice; Art. 32 of Regulation 142/2011 -CA has to take measures on the whole chain; -Detailed cinditions in Annex XVI -Control of sealing of consignments; -List of establishments; -Authorisation in line with art 48 of Regulation 1069/2009; 29

30 Thank you very much for your attention Questions?