Animal Health
(Animal By-Products) (Jersey) Order 2018
Made 12th July 2018
Coming into force 19th
July 2018
THE MINISTER FOR THE ENVIRONMENT, in pursuance of Articles 2(2), 4(2),
7(1) and 32 of the Animal Health (Jersey) Law 2016[1], orders as follows –
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[2];
“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[3]);
(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[4]; 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[5]) 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), £106;
(b) for
checking suitability of vehicles to be listed on licence under Article 3(1),
£70;
(c) for
licensing a burial under Article 5(a)(iii), £106.
(4) A
licence granted under this Order expires in accordance with the terms of its
duration.
14 Citation
and commencement
This Order may be cited as the Animal Health (Animal By-Products)
(Jersey) Order 2018 and shall come into force 7 days after it is made.
Deputy J.H. Young of St. Brelade
Minister for the Environment
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.