Animal Health (Animal
By-Products) (Jersey) Order 2018
1 Interpretation
(1) In this Order –
“anaerobic digester” means the anaerobic digester plant
at Bellozanne;
“animal by-products” means carcases, products of animal
origin or other products obtained from animals, which are not intended for
human consumption, including oocytes, embryos and semen;
“animal carcase incinerator” means the animal carcase
incinerator at La Rue D’Asplet, Trinity, JE3
5JF;
“animal gathering” means an occasion at which animals
are gathered for either of the following purposes –
(a) a
sale, show or exhibition;
(b) collection
for onward consignment within Jersey;
“apiculture by-products” means untransformed or
unprocessed honey, beeswax, royal jelly, propolis or pollen;
“aquatic animals” means any –
(a) fish
belonging to the superclass Agnatha and to the
classes Chondrichthyes and Osteichthyes;
(b) mollusc
belonging to the Phylum Mollusca; and
(c) crustacean
belonging to the Subphylum Crustacea;
“centrifuge or separator waste” means material collected
as a by-product of the purification of raw milk or the separation of skimmed
milk and cream from raw milk;
“cleansed and disinfected” means cleansed and
disinfected in accordance with the Schedule;
“double bagged” means placed inside a bag which is then
placed inside another bag;
“farm deadstock” means dead animals and birds that, when
alive, were kept on a farm as part of its business, and includes stillborn
animals and afterbirth;
“Law” means the Animal Health (Jersey) Law 2016;
“licensed transporter” means a person licensed under
Article 3(1);
“manure” includes non-mineralised guano;
“milk” includes milk products, colostrum and centrifuge
or separator waste;
“necrophagous birds” means birds that feed on carcases;
“operator” means any person who has, under his or her
control, an animal by-product or any product derived from an animal by-product
and includes any carrier, trader or user;
“products of animal origin” means –
(a) food
of animal origin, including honey and blood;
(b) live
bivalve molluscs, live echinoderms, live tunicates and live marine gastropods,
intended for human consumption; and
(c) other
animals intended to be supplied live to the final consumer;
“raw milk” means milk that has not been heated to more
than 40°C nor undergone any treatment that has an effect equivalent to such
heating.
(2) For the purposes of
this Order –
(a) the
definition of “disease” in Article 2(1) of the Law is extended
to include –
(i) botulism
caused by the bacterium Clostridium botulinum, and
(ii) any
disease of fish;
(b) the
definition of “animal” in Article 4(1) of the Law is extended
to include any living being of the kingdom Animalia other than a human being.
2 Application
(1) This Order applies to –
(a) animal
by-products; and
(b) the
following products if the operator decides (which decision is irreversible)
that they are intended for purposes other than human consumption –
(i) products
of animal origin intended for human consumption, and
(ii) raw
materials for the production of products of animal
origin.
(2) However, this Order
does not apply to the following animal by-products –
(a) carcases
or parts of wild animals (other than aquatic animals landed for commercial
purposes) where there is no significant risk of their being infected or
contaminated with an agent that can cause disease in humans or animals;
(b) carcases
or parts of wild game that are not collected after killing, in accordance with
good hunting practice;
(c) animal
by-products from wild game and from wild game meat supplied by hunters directly
to the final consumer or to retail establishments in Jersey that directly
supply the final consumer;
(d) oocytes,
embryos and semen destined for breeding purposes;
(e) raw
milk, colostrum and products derived therefrom that are obtained, kept,
disposed of or used on the farm of origin;
(f) shells
from shellfish with the soft tissue and flesh removed so that there is no
visible sign of soft tissue or flesh;
(g) waste
food (within the meaning of the Animal Health (Waste Food) (Jersey)
Order 2018);
(h) material
from vessels acquired in the course of their fishing
operations and disposed of at sea, other than material derived from on-board
evisceration of fish showing signs of disease, including parasites,
communicable to humans;
(i) raw
pet food originating from retail shops, where the cutting and storage of that
food are performed solely for the purpose of immediate supply to the customer;
(j) raw
pet food derived from animals slaughtered on the farm of origin for private
domestic consumption;
(k) excrement
other than manure, and urine;
(l) products
obtained from one or more treatments, transformations or steps of processing of
animal by-products;
(m) samples
used in the fields of science and technology for diagnostic, educational or
research purposes; and
(n) animal
by-products lawfully imported in accordance with any other legislation or
international trade agreement.
3 Collection,
transport and traceability of certain animal by-products
(1) A person must not
transport animal by-products that originate from a slaughterhouse or a dairy or
consist of farm deadstock, unless the person is licensed to do so by an
inspector and the animal by-products are transported only in such vehicles as
may be specified by the licence granted by the inspector under this paragraph.
(2) The person responsible
for any slaughterhouse or dairy must keep a record of –
(a) the
quantity and description of the animal by-product removed from those premises;
(b) the
date of its removal; and
(c) the
licensed transporter who removed it,
for a period of 2 years from the date of the removal.
(3) The owner of farm
deadstock –
(a) must
arrange for the deadstock to be collected as soon as reasonably practicable by
a licensed transporter;
(b) must
not burn or bury the deadstock, or deliberately feed the deadstock to
necrophagous birds without the authority of the States Veterinary Officer;
(c) must
ensure to the extent reasonably practical that animals and birds cannot gain
access to the deadstock; and
(d) must
keep a record of the numbers of deadstock (or an estimate where it includes
large numbers of dead birds), the date of removal from the premises and the
licensed transporter who removed the deadstock, for a period of 2 years
from the date of the removal.
4 Disposal
of milk
A person disposing of milk other than under Article 3 must –
(a) transport it to the Energy
from Waste facility at La Colette or the anaerobic digester for disposal;
(b) transport it there as
soon as reasonably practicable in leak-proof and rodent-proof containers that
are either cleansed and disinfected after use or incinerated; and
(c) keep a record of the
type, quantity and place or origin of milk so transported and retain the record
for 2 years from the date on which the transportation occurred.
5 Disposal
of remains of pet animals
(1) A person must not
dispose of the remains of a pet animal other than –
(a) by
burial –
(i) on
the owner’s premises in such a way that carnivorous or omnivorous animals
cannot gain access to the remains,
(ii) at
the pet cemetery for which the Jersey Society for the Prevention of Cruelty to
Animals is responsible, or
(iii) at
any other premises licensed for such disposal by a veterinary inspector;
(b) by
transport for disposal at the JSPCA incinerator or at
any pet incinerator authorized under the Waste Management (Jersey) Law 2005; or
(c) in
accordance with the procedure set out in Article 3(3) that applies to farm
deadstock.
(2) In this Article “pet
animal” means a horse and any animal belonging to species normally
nourished and kept by humans for purposes other than farming and excludes any
animal kept for use as food.
6 Disposal
of aquaculture and aquatic animals
(1) Animal by-products
consisting of aquaculture or aquatic animals must be transported –
(a) directly
to the Energy from Waste facility at La Colette for disposal;
(b) in a
leak-proof and rodent-proof container,
and that container must be cleansed and disinfected or incinerated
after use.
(2) Nothing in paragraph (1)
limits the use of animal by-products consisting of aquatic animals as bait provided that they are taken direct to the place where they
are to be used as bait in a hygienic manner.
7 Animal
by-products for feeding to zoo animals and other animals
(1) Animal by-products
other than slaughterhouse waste and farm deadstock (including from animal
gatherings) may be transported to and used for feeding to –
(a) zoo
animals;
(b) reptiles
and birds of prey kept otherwise than in a zoo;
(c) dogs
housed in kennels or packs of hounds; and
(c) endangered
or protected species of necrophagous birds and other bird species living in
their natural habitat, for the promotion of biodiversity.
(2) The animal by-products
must be transported –
(a) directly
to their destination;
(b) in a
leak-proof and rodent-proof container,
and that container must be cleansed and disinfected or incinerated
after use.
8 Disposal
of oocytes, embryos, semen and apiculture by-products
(1) Oocytes, embryos and
semen not intended for breeding purposes must be transported –
(a) directly
to the animal carcase incinerator for disposal;
(b) either
double bagged or placed in a leak-proof and rodent-proof container,
and where placed in a container, the container must be cleansed and
disinfected or incinerated after use.
(2) Apiculture by-products
must be either burnt on the premises of origin or double bagged and disposed of
by a waste disposal service.
(3) In paragraph (2)
“waste disposal service” means any public authority (within the
meaning of Article 1 of the Freedom of Information (Jersey) Law 2011) exercising the function of
the collection or disposal of waste.
9 Safety
measures in respect of manure
(1) Manure must be –
(a) transported
to the anaerobic digester; or
(b) where
it is lawful to do so, spread on land.
(2) Manure transported for
the purposes of paragraph (1)(a) must be transported in covered leak-proof
containers or in vehicles that prevent animals or birds having access to it.
(3) Manure may be spread on
land under paragraph (1)(b) only if steps have been taken to prevent
animals from grazing the land for a period of 21 days or, in the case of
pigs, for 2 months, after it has been spread.
(4) In the case of manure
consisting of poultry litter, it can be spread on land only if –
(a) whilst
poultry were on the litter, the flock was inspected regularly and carcasses
removed;
(b) the
litter was not used to dispose of feathers and cracked eggs; and
(c) before
use the litter was stored as far as possible from livestock and fenced so that
livestock could not gain access to it.
(5) If a botulism outbreak
is traced to the premises of origin of poultry litter, a veterinary inspector
may serve a notice on –
(a) those
premises;
(b) any
other premises to which the poultry litter was sent; and
(c) any
other premises that the veterinary inspector considers to
have an epidemiological link to the premises mentioned in sub-paragraph (a)
or (b) such that there has been a risk of Clostridium
botulinum bacteria being spread to those other
premises.
(6) The notice must state –
(a) what
must happen to any remaining poultry litter on the premises;
(b) the
biosecurity measures that must be applied to any animals on the premises; and
(c) any
other biosecurity measures that the veterinary inspector considers necessary to
reduce the risk of the spread of Clostridium
botulinum bacteria.
10 Imported
waste containing animal by-products
Waste containing any animal by-products imported into Jersey must be
transported to the Energy from Waste facility at La Colette for disposal
in a leak proof and rodent proof container that is cleansed and disinfected or
incinerated after use.
11 Storage
prior to disposal
(1) Where animal
by-products mentioned in Articles 4, 6, 7 and 10 are stored on premises
prior to disposal, the person responsible for the premises must –
(a) provide
a container for the storage of the animal by-products that –
(i) has
a closable lid,
(ii) is
leak-proof,
(iii) prevents
pets, wild animals or birds having access to the animal by-products, and
(iv) is
capable of being cleansed and disinfected;
(b) place
the animal by-products as quickly as possible into such a container; and
(c) keep
the container –
(i) in
a state of repair such that it always meets the requirements of sub-paragraph (a),
(ii) with
its lid closed at all times except when it is being
filled or emptied, and
(iii) in a
hygienic state by regular cleansing and disinfection.
(2) Where any animal
by-products mentioned in Article 8 are stored on premises prior to
disposal, the person responsible for the premises must –
(a) comply
with paragraph (1) as if that paragraph applied to those animal
by-products; or
(b) double
bag them and keep the bagged product in a place where pets, wild animals or
birds cannot gain access to it.
12 Order
not to limit Minister’s powers
Nothing in this Order limits any other powers of the Minister in
respect of the control or eradication of disease or control of a specified
pathogen.
13 Licences
and fees
(1) A person may apply for
a licence for the purposes of this Order to the States Veterinary Officer who
may provide an appropriate form for the purposes of the application.
(2) The application must be
accompanied by the application fee set out in paragraph (3).
(3) The amount of the fee
is –
(a) for a
licence under Article 3(1), £124;
(b) for
checking suitability of vehicles to be listed on licence under Article 3(1), £81.40;
(c) for
licensing a burial under Article 5(a)(iii), £124.[1]
(4) A licence granted under
this Order expires in accordance with the terms of its duration.
14 Citation
This Order may be cited as the Animal Health (Animal By-Products)
(Jersey) Order 2018.
Schedule
(Article 1(1), 4,
6-8 and 10-11)
cleansing and disinfection
1 General
All cleansing and
disinfection must be carried out in accordance with this Schedule so as to reduce, as far as reasonably practicable, the risk
of transmission of disease.
2 Parts
of vehicles and containers required to be cleansed
(1) The
following must be cleansed whether or not they are
soiled –
(a) all
the inside surfaces of those parts of a vehicle in which animal by-products are
transported; and
(b) the
interior of any container of animal by-products.
(2) The
following must be cleansed if they are soiled –
(a) any
detachable parts of a vehicle used for the transportation of livestock;
(b) any
other part of that vehicle;
(c) any
equipment carried with the vehicle; and
(d) the
exterior of a container used for the transportation of a live animal and any other
parts of the vehicle carrying the container.
3 Disinfection
(1) Every part of the
vehicle or container required to be cleansed must also be disinfected with a
disinfectant that is –
(a) an
approved disinfectant that is published as being approved in respect of General
Orders; and
(b) used
at the approved dilution rate and in accordance with the manufacturer’s
instructions.
(2) In
this paragraph –
“approved dilution
rate” means the dilution rate indicated for an approved disinfectants
product in the relevant column in the statutory table under the heading that
states General Orders;
“Orders”, in
relation to General Orders, means Orders of the description stated in the
relevant column heading of the statutory table;
“statutory
table” means the table of Disinfectants Approved for use in England,
Scotland and Wales published by the Department of Environment, Food and Rural
Affairs under powers that include those in the English Disinfectants Order.
4 Method
of cleansing
Cleansing must be carried
out by removing any remaining animal by-product using any appropriate means,
and then cleansing with water, steam or where appropriate chemicals or chemical
compounds (or, if necessary, any combination of these).
5 Disposal
of material after cleansing
(1) Any
animal by-product (other than milk) removed from a vehicle during cleansing and
disinfection –
(a) if
the cleansing and disinfection is undertaken at the animal carcase incinerator,
must be disposed of at that incinerator;
(b) if
the cleansing and disinfection is not undertaken at that incinerator, must be
transported to the appropriate disposal site for the animal by-product
concerned within 2 weeks of the cleansing and disinfection.
(2) Where
sub-paragraph (1)(b) applies the animal by-product must, prior to disposal,
comply with Article 11(1) but need not be transported to the animal
carcase incinerator, directly or separately from other consignments.
(3) Any
milk that is washed out during the cleansing and disinfection of a vehicle may
be disposed of where the cleansing and disinfection takes place.
6 Records
The person in charge of a
vehicle or container that is cleansed and disinfected under this Schedule must
ensure that a written record of the cleansing and disinfection is made,
including the date and time the cleansing and disinfection was carried out, and
that the record is kept for 6 months from that date.