Animal Health
(Waste Food) (Jersey) Order 2018
1 Interpretation
(1) In this Order –
“composting” includes anaerobic digestion;
“poultry” has the same meaning as in the Animal Health (Bird Diseases) (Jersey)
Order 2017;
“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;
“waste food” means –
(a) any
meat, bones, offal or other part of the carcase of any animal, or of any
poultry, intended for human consumption, including any part of the carcase
discarded as part of the process of food preparation;
(b) any
waste product of food preparation (including table or kitchen refuse) that
contains, or is likely to have been in contact with, any meat, bones or offal
or with any other part of the carcase of any animal or poultry; and
(c) any
waste edible fats or oils of animal or vegetable origin.
(2) For the purposes of
this Order –
(a) the
definition of animal in the Animal Health (Jersey) Law 2016 does not include a horse or
a honey bee;
(b) despite
the definition in that Law “bird” means any bird.
2 Restrictions
on use of waste food
A person must not –
(a) feed any waste food to
any animal or poultry;
(b) allow waste food to be
collected from any premises by any other person other than a waste food disposal
service or person licensed under Article 4; or
(c) compost or otherwise
dispose of waste food other than as permitted by Article 5.
3 Storage of waste food
(1) A person responsible
for any premises where waste food originates must –
(a) provide
a container for the storage of waste food that –
(i) has
a closable lid,
(ii) is
leak-proof,
(iii) prevents
pets, wild animals or birds having access to the waste food, and
(iv) is
capable of being cleansed and disinfected;
(b) move
the waste food as quickly as possible to the 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) However, paragraph (1)
does not apply where the person has caused waste food to be placed in bins for
collection by a waste disposal service.
4 Commercial
collection and transport of waste food
A person other than a waste disposal service must not collect or
transport any waste food except under and in accordance with a licence granted
by an inspector.
5 Disposal
of waste food directly by person responsible for premises of origin
(1) A person responsible
for any premises where waste food originates may transport and dispose of waste
food from those premises other than by means of a waste disposal service or a
person licensed under Article 4 only in accordance with this Article.
(2) That person must
transport the waste food directly –
(a) to a
site authorized by the Waste Management (Jersey) Law 2005; or
(b) if so
licensed under paragraph (6)(a), to premises on which it will be
composted.
(3) The container for
transporting the waste food must –
(a) be
capable of being covered and actually be covered
whilst containing waste food;
(b) be
leak-proof;
(c) prevent
pets, wild animals or birds having access to the waste food;
(d) be
capable of being cleansed and disinfected; and
(e) be
maintained in a state of repair so that it continues to meet the other
requirements of this paragraph.
(4) The container and any
vehicle used to transport the waste food must be maintained in a hygienic state
by regular cleansing and disinfection.
(5) The disposal of waste
food by composting is permitted except where the composting consists of –
(a) composting
on any premises –
(i) other
than the premises on which the waste food was produced, or
(ii) where
any animals or poultry are kept;
(b) spreading
or burying composted material other than on the premises where it was
composted;
(c) composting
that results in the production of more composted material than can reasonably
be spread or buried on those premises; or
(d) composting
is undertaken without biosecurity measures being in place –
(i) to
prevent as far as is practicable wild birds accessing the composted material,
and
(ii) to
reduce the risk of cross-contamination from the composted material being spread
from the area where it is composted.
(6) Despite paragraph (5)
a veterinary inspector may grant licences permitting the person –
(a) to
compost waste food on premises other than those on which it was produced and
laying down conditions for moving the waste food to those other premises;
(b) to
compost waste food on premises on which animals or poultry are kept; or
(c) to
spread or bury composted material on premises other than the premises on which
it was composted.
6 Licences
and fees
(1) A person may apply for
a licence granted under Article 4 or 5(6) 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) (which fee is
not refundable in the event of the licence not being granted).
(3) The amount of the fee
is –
(a) in
respect of an application for a licence under Article 4, £124;
(b) in
respect of an application for a licence under Article 5(6) –
(i) where
the work is done by an inspector, £55 for each hour and pro rata for
any part of an hour taken, or
(ii) where
the work is done by a veterinary inspector, £107 for each hour and
pro rata for any part of an hour taken.[1]
(4) A licence granted under
this Order expires in accordance with the terms of its duration.
7 Cleansing
and disinfection
(1) Cleansing and
disinfection must be carried out in accordance with this Article so as to reduce, as far as reasonably practicable, the risk
of transmission of disease.
(2) The inside of any
container used for waste food must be cleansed and disinfected, and if the
exterior of such a container, any detachable fittings not used during
transportation of the waste food, any other part of the means of transport or
any equipment has been soiled with waste food, it must also be cleansed and
disinfected.
(3) Cleansing must be with
water, steam or where appropriate chemicals or chemical compounds (used singly
or in combination) until free from visible waste food contamination.
(4) Any disinfectant used under
this Order must be –
(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.
(5) Where cleansing and
disinfection is required to be undertaken by this Order, a record must be made
and kept for 6 months from the date of the cleansing and disinfection,
(6) In this Article –
“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.
8 Saving
Any licence granted under the Diseases of Animals (Waste Foods)
(Jersey) Order 1958 still in force on the commencement of this Order is
treated as a licence granted under Article 4(1).
9 Citation
This Order may be cited as the Animal Health (Waste Food) (Jersey) Order 2018.