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EU animal by-products regulation: competent authority authorisations

The EU Animal By-Products Regulation allows member states to derogate from the basic framework of animal by-products controls in specified areas provided certain conditions are met. Some types of derogation are provided for directly in the Animal By-Products (Enforcement) (Scotland) Regulations 2013. Others will be the subject of an authorisation issued by the Scottish Ministers.

EU animal by-products regulation: competent authority authorisations
Application of animal by-products and derived products to land

B6: authorisation for the application to land of Category 3 aquatic crustacean shells with soft tissue and flesh attached

Dated: 5 June 2014

Authorisation B6

The Scottish Ministers act as the Competent Authority for Scotland in respect of the following EU Regulations:

  • Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002
  • Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council

These Regulations are enforced in Scotland by the Animal By-Products (Enforcement) (Scotland) Regulations 2013 (SSI 2013/307). 

Authorisation for the application to land of Category 3 aquatic crustacean shells with soft tissue and flesh attached

In accordance with Article 14(h) (disposal and use of Category 3 material) of Regulation (EC) No 1069/2009 the Scottish Ministers determine that shells from aquatic crustaceans with soft tissue and flesh attached, which do not show any signs of disease communicable to humans or animals (in this document referred to as “crustacean shells”), may be applied to land as organic fertilisers/soil improvers without additional processing or treatment (“processing” means using the methods set down in Annex IV, Chapter III of Commission Regulation (EU) No 142/2011; “treatment” means using other methods set out in Commission Regulation (EU) No 142/2011, such as composting and anaerobic digestion, as defined in Annex V of that Regulation), provided the following conditions are complied with to prevent risks arising to public and animal health:

  1. The crustacean shells originate from crustaceans cooked (“cooked” means subjected to the application of heat for a given period of time to reduce to an acceptable level the risks to public health arising from the material, in accordance with the HACCP principles set out in Regulation (EC) No 852/2004. It must be done as part of the routine food production activities in the plant, under the controls detailed in Regulation (EC) No 853/2004) in a fishery products processing plant approved under Article 4 of Regulation (EC) No 853/2004 and meeting the requirements of Annex 1 of Commission Regulation (EC) No 2073/2005.  
  2. The crustacean shells should have as much soft tissue and flesh removed as is reasonably practicable to leave no more than 40% volatile solids (“volatile solids” is a laboratory measure of the soft tissue content of a crustacean shell. The shell with its residual flesh is dried at 105°C until it reaches a constant weight. The dried residue is then ignited and the loss of the volatile solids is determined by the reduction in weight.)  
  3. The crustacean shells should be crushed and not reduced to a powdered material.  
  4. When it is necessary to store the crustacean shells prior to spreading on land, they must be stored in a way that prevents access by animals and birds, including all farmed animals.  
  5. The crustacean shell material is injected or otherwise incorporated with soil in such a way that animals and birds cannot access it e.g. by spreading on land and ploughing in without undue delay.
  6. The waiting period of at least 21 days before grazing or feeding with cut herbage (and at least 60 days in the case of pigs) referred to in Article 11(1)(c) of Regulation (EC) No 1069/2009 and regulation 6 of the Animal By-Products (Enforcement) (Scotland) Regulations 2013 is observed following application of cooked crustacean shells.

If these conditions are met the cooked crustacean shells can be applied to land without further “processing”.  However, there will still be environmental conditions for land spreading waste that must be followed: users of crustacean shells are advised to contact the SEPA.

This authorisation applies to Scotland.