Animal by-products not intended for human consumption

KEY POINTS

• The legislation applies to:
  • animal by-products and derived products which, by law, may not be used for human consumption;
  • animal-origin products which may be used for human consumption but are instead used for other purposes;
  • raw materials of animal origin used to manufacture animal-origin products not intended for human consumption.
• Producers of animal by-products and derived products must ensure they comply with the legislation from the start to the end of the manufacturing chain.
  • They must keep a record of the products they dispatch, transport or receive, along with the required documentation.
  • They must inform national authorities of the products and premises they use during the manufacturing chain. The latter must meet certain hygiene standards and require formal approval.
• EU Member States operate official checks to ensure producers collect, identify and transport animal by-products without delay and treat, use or dispose of them according to the rules.
• Derived products, such as cosmetics, medical devices and veterinary medicines, which comply with other pieces of EU legislation (Regulation (EC) No 1223/2009, Regulation (EU) 2017/745 and Regulation (EU) 2019/6, respectively) may be offered for sale when they reach the end of the manufacturing chain.
• Animal by-products are graded in three categories depending on the level of health risk they pose to the public or animals. These determine how they should be disposed of or recovered.
• Restrictions exist on the use of animal by-products and derived products. For instance, they may not be used to feed animals or farmed fish of the same species.
• Imports of both animal by-products and derived products must satisfy EU standards.
• A ban exists on the export of both animal by-products and derived products for incineration or landfill, or to countries which are not members of the Organisation for Economic Co-operation and Development for use in a biogas or composting plant.
• The definitions in the regulation were aligned with those used in Regulation (EU) 2017/625 (the ‘official controls regulation’), which lays down the rules on checks carried out along the agri-food chain. Regulation (EU) 2017/625 also ensures that animal by-products and derived products, previously not covered by the EU’s official controls legislation, now fall within its scope.
• An amendment introduced under Regulation (EU) 2019/1009, which lays down EU rules on fertilisers, enables derived products no longer posing significant risks to animal health to move freely on the EU market as fertilising products.
• A further amendment, a delegated act adopted by the European Commission, supplements Regulation (EC) No 1069/2009: Delegated Regulation (EU) 2023/1605. The act determines end points in the manufacturing chain for organic fertilisers and soil improvers manufactured in the EU beyond which they are no longer subject to the requirements in Regulation (EC) No 1069/2009, provided that they are used as component materials in EU fertilising products in accordance with Regulation (EU) 2019/1009.

Implementing act

An implementing act, Regulation (EU) No 142/2011, sets out implementing measures in relation to Regulation (EC) No 1069/2009. Amended on a number of occasions, it lays down detailed rules on the disposal and use of animal by-products and derived products.