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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
Disposal of animal by-products

C1: authorisation to dispose of certain category 1 petfood and category 3 petfood and former foodstuffs in an authorised landfill

Dated: 24 January 2014

Authorisation C1

The Scottish Ministers for the Scottish Government, acting 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 byproducts 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

Authorisation to dispose of certain category 1 petfood and category 3 petfood and former foodstuffs in an authorised landfill

In accordance with Article 7 of Commission Regulation (EU) No 142/2011, the Scottish Ministers authorise by way of derogation from Articles 12 and 14(c) of Regulation (EC) 1069/2009 the disposal of the following category 1 and 3 materials in an authorised landfill.

(a) imported pet food or pet food produced from imported materials, from category 1 material referred to in Article 8(c) of Regulation (EC) No 1069/2009 

(b) Category 3 material referred to in Article 10(f) and (g) (including petfood and former foodstuffs) of Regulation (EC) No 1069/2009, provided that:
(i) such materials have not been in contact with any of the animal by-products referred to in Articles 8 and 9 and Article 10(a) to (e) and (h) to (p) of that Regulation 
(ii) at the time when they are destined for disposal, the materials:

  • referred to in Article 10(f) of that Regulation have undergone processing as defined in Article 2(1)(m) of Regulation (EC) No 852/2004; and
  • referred to in Article 10(g) of that Regulation have been processed in accordance with Chapter II of Annex X or in accordance with the specific requirements for petfood set out in Chapter II of Annex XIII of Commission Regulation (EU) No 142/2011; and (iii) the disposal of such materials does not pose a risk to public or animal health.

This authorisation applies in Scotland.

*Enforced in Scotland by the Animal By-Products (Enforcement) (Scotland) Regulations 2013