In the guide
This guidance is for Wales
The Animal By-Products (Enforcement) (Wales) Regulations 2014 require that fallen farm animals (including stillborn animals) are collected and transported without undue delay to approved premises, technical plants or authorised premises. Burial or burning of animal by-products is not permitted.
Carcases from fallen cattle aged over 48 months (not slaughtered for human consumption) must be tested for bovine spongiform encephalopathy (BSE).
Animal by-products must be transported in covered leakproof containers / vehicles and be accompanied by a commercial document.
'Animal by-products' are defined in article 3 of EU Regulation (EC) 1069/2009 laying down health rules as regards animal by-products and derived products not intended for human consumption as: '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'.
Animal by-product, for the purpose of this guide, includes:
Animal by-products can fall into one of three categories:
The Animal By-Products (Enforcement) (Wales) Regulations 2014 require that fallen farm animals - generally category 2 material, including stillborn animals - are collected and transported without undue delay to one of the following:
More information on approved, technical or 'authorised' premises in Great Britain can be found on the GOV.UK website.
Animal by-products must be collected, identified and disposed of without undue delay, in order to prevent risks arising to public and animal health.
Animal by-products must be transported in sealed new packaging, or covered leakproof containers or vehicles.
Containers should be dedicated to the use of specific categories of animal by-products; if not they must be cleaned and disinfected after each use in order to prevent cross contamination.
Animal by-products must be identified in accordance with the Animal By-Products (Enforcement) (Wales) Regulations 2014:
You must ensure all by-products are covered / contained whilst awaiting collection / disposal to prevent animals and birds gaining access.
The person consigning the animal by-product must keep a record of each consignment and ensure that identifying documentation (a commercial document) accompanies the by-product during its transport. Such records must show:
If the document is produced by the consignor, it should be signed by the consignor. If the document is produced by the transporter, it should be signed by the transporter. Each movement of animal by-products and derived products must be accompanied by the top copy of the commercial document, which has to be left at the destination premises. The premises of origin and the transporter each retain a copy.
A commercial document template is attached for your use.
Commercial documents and all records relating to animal by-products must be retained for at least two years and produced on demand to an inspector.
The EU allows member states to apply various derogations regarding the disposal of animal by-products (ABPs) and, amongst others, the government has applied the following derogations.
Burial or burning of fallen stock in Wales is only permitted on the following remote areas: Ramsey, Caldey, Bardsey and Flatholm islands. Disposal in this way is subject to strict rules and record keeping and does not include TSE suspect animals.
The burial of pet animals is allowed. The definition of 'pet animal' in EU Regulation (EC) No 1069/2009 is: 'any animal belonging to species normally nourished and kept but not consumed, by humans for purposes other than farming'. Normal farm species such as sheep, cattle, pigs, goats and poultry fall outside this definition. Therefore they can never legally be regarded as pets and must be disposed of by an approved route other than burial.
The burial of horses is allowed subject to Natural Resources Wales and/or local authority controls. However, Welsh government and local authorities recommend that the owners of dead horses and ponies should first consider disposal of the carcase via the normal route for ABPs.
Carcases from fallen cattle (not slaughtered for human consumption) aged over 48 months need to be tested for BSE. Farmers must contact a collector within 24 hours of death to arrange delivery to an approved sampling site.
If delivering the carcases themselves, they should contact an approved sampling site to agree to this within 24 hours, and must deliver the carcase within 48 hours. Contact your normal collector or the National Fallen Stock Company (NFSCo) on 01335 320014.
Failure to comply with the requirements of the Animal By-Products (Enforcement) (Wales) Regulations 2014 is an offence. The maximum penalty is a fine and two years' imprisonment.
Last reviewed / updated: August 2017
This information is intended for guidance; only the courts can give an authoritative interpretation of the law.
The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on amendments to UK legislation can be found on each link's 'More Resources' tab; amendments to EU legislation are usually incorporated into the text.
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