Material flows in livestock product utilisation



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3.1.4. TSE REGULATIONS

The TSE regulation applies to all animal by-products and processed animal by-products in relation to the use or possible use in animal feeds. It is therefore complimentary to the ABPR and must be read as a conjoined document when considering what is possible. The current legislation governing the production of all animal proteins, including poultry proteins, and the limitations regarding the placing on the market of poultry proteins for use in animal feeds, can be traced back to the desire of the EU to prevent, control and eradicate certain Transmissible Spongiform Encephalopathies (TSE)


The earliest case of the bovine spongiform encephalopathy (BSE) epidemic was first confirmed in the UK in 1987. The scientific and epidemiologic evidence that was gathered to understand and explain the disease pointed to meat and bone meal as being the most probable vector of the disease. The EC, determined to eradicate BSE in Europe, thus introduced legislation to control the production and use as a feeding stuff of animal proteins. This legislation, although directed at the use of protein derived form mammals, nonetheless has necessarily incorporated protein from other animals including poultry, which in themselves are not implicated or directly linked to the incidence of TSE in Europe.
The Regulation EC 999/2001 was the first key piece of legislation that was brought to bear on the issue. This regulation had as some of its features:

  • The introduction of the control of the production and placing on the market of products of animal origin

  • The prohibition of feeding to ruminants of protein derived from mammals.

  • The principle of “zero tolerance” of prohibited animal constituents in feeding stuffs

The legislation, acting on the scientific evidence that meat and bone meal was a key vector in the disease, sought to create the framework within Europe whereby protein derived from mammals could not be fed to ruminants. Eliminating this vector was seen as a primary method of controlling and then eradicating TSE. By introducing the concept of “zero-tolerance”, the EC also created the framework of control to ensure that feedstuffs fed to ruminants not only should not, but did not, contain mammalian protein.


The link between the ABPR and TSER came about in October 2002, when the ABPR was published. This comprehensive regulation set out to define the conditions under which all animal by-products could be converted into feedstuffs, to control the methods and systems whereby these feedstuffs were “placed on the market”, and to define more closely the permitted usage of these feedstuffs.
The legislation addressed the processing of the by-products of all animals, including poultry. It also introduced the concept that feeding of animals with processed proteins from the same species was prohibited, thus banning intra-species feeding.
The primary legislation 999/2001 has continued to be addressed, and has to date been modified by twenty-five amendments. One important amendment, EC 1234/2003 was issued in July 2003. This amendment stated that although the EC accepted that there was no evidence of natural occurrence of TSE in non-ruminant farmed animals such as pigs or poultry. Nevertheless the prohibitions and restrictions on animal proteins from such non-ruminant farmed animals, which had been introduced under Decisions 2000/766/EC and 2001/9/EC, would continue because they still could not be differentiated from prohibited ruminant proteins by current tests.
In addition, these prohibitions and restrictions would continue in place until as and when the necessary control tools, and reasonable evidence that the implementation of the current provisions is satisfactory in all Member States, became available. Only then would the prohibition on the use of fishmeal to ruminants, the use of avian protein to farmed animals other than ruminants and the use of porcine protein to farmed animals other than ruminants be reviewed, ( while respecting the intra-species ban ).
These derogations were extended further in amendment EC 1292/2005 issued in August 2005. This amendment modified Annex IV of EC991/2201 as regards animal nutrition by allowing the feeding of non-ruminant blood meal (PAP) to aquaculture species, as well as relaxing the restrictions on feeding to farmed animals of blood products and hydrolysed proteins derived from non-ruminants.
Commission Regulation EC 1292/ 2005 also referred to a “risk based” approach vis a vis “bone spicules” ( in root crops such as sugar beet). Furthermore, Commission Regulation EC 1923/2006, introduced the concept of “tolerance” or threshold limits.
In the UK, the relevant legislation is 2006 No. 1228 ANIMALS, ENGLAND ANIMAL HEALTH, The Transmissible Spongiform Encephalophathies (No. 2) Regulations 2006, with parallel legislation for Wales and Scotland, and Northern Ireland. SI 2006:1228 came into force in May 2006. SCHEDULE 5 deals specifically with feedingstuffs.
DEFRA have issued a guidance Note on Feed Controls in the Transmissible Spongiform Encephalopathies Regulations 2006 http://www.defra.gov.uk/animalh/bse/legislation/index.html
The EU issued a TSE Roadmap in July 2005, a document that is still under active discussion. This document sets the framework for the way forward on TSE in Europe. In this discussion document, the strategic goal for the Feed Ban is defined as: “A relaxation of certain measures of the current total feed ban when certain conditions are met.”
In particular, when considering the lifting of the ban on the use of protein from non-ruminants, the roadmap states that further improvement in differentiating animal proteins specific to certain species may result in an amendment of the provisions with regard to the use in feeding stuffs of animal products, in particular non-ruminant proteins taking into account the prohibition on intra-species recycling in Regulation (EC) No 1774/2002 (e.g. poultry PAP to pigs).

3.1.5. ENVIRONMENT


Within the Environmental legislation the definition of “waste” is vitally important and this is currently under review. The Waste Framework Directive determines what is and what is not “waste”. This has major implications for the food industry, as it will influence the future cost of the disposal or treatment of by-products.
The following regulations do not directly affect the ability of materials to enter to food chain as value added products, but they may cause materials to be down graded to “waste” by cause of the definition of waste. In EU terms “waste” is regarded as anything that is discarded, or is intended to be discarded or has to be discarded because of a legislative reason.
Some countries, including the UK, consider that animal by-products are “discarded” at the slaughterhouse, as they are not the primary product. As such government consider that some or all of the materials dealt with by the by-products industry have to be treated as waste in any case. Some of the environmental legislation, such as the Integrated Pollution Prevention Control regulations (IPPC), and parts of the Waste Management Licensing Regulations (WMLR) do not require double regulation.
However some parts of the WMLR and most of the Waste Incineration Directive (WID) are problematic because they still assume that processed products such as Products of Animal Protein (PAP) or rendered fat are still waste and have to be treated as waste if used as fertiliser or fuel respectively. If this issue is unresolved, even materials that are considered by industry to be “recovered” [accepting that they might be waste at some point earlier], such as fertiliser or fuel will still have very low values or even still require a charge for disposal.

3.1.6. LEGISLATION OVERVIEW


In terms of this report there are four main areas of legislation that need to be considered (i)


  1. Food and Edible Co-Products Food Hygiene Regulations FHR

  2. Animal by-Product Regulations [not intended for human consumption] ABPR

  3. TSE {Transmissible Spongiform Encephalopathy Regulations} TSER

  4. Environment

    1. Integrated pollution controls IPPC

    2. Waste Incineration Directive WID

    3. Waste management licensing (UK) regulations (ii) WMLR

(i) All of the legislation above is a direct EU regulation or is an EU origin and then transposed into UK except (ii) above.


Table 3.1.6: Summary of Legislation pertaining to the Animal products sectors

Legislation



Food

Edible Co-Products

Animal By-Products


Food & ECP









ABP








TSE








IPPC








WID



?

?


WMLR



?

?



 Legislation applies

 Legislation does not apply

? Legislation may or may not apply depending on circumstances



3.1.6.1. EC Regulation
3.1.6.1: EC Regulations as they affect the feeding of processed animal proteins to different species








Feeding Processed Animal Protein to:

Processed Animal Protein from




RUMINANTS

PIGS

POULTRY

FISH

RUMINANTS




EC999/2001

EC1234/2003 EC1292/2005

EC1234/2003 EC1292/2005


EC1234/2003 EC1292/2005


PIGS




EC999/2001

EC1774/2002

EC1234/2003 EC1292/2005

EC1234/2003 EC1292/2005

POULTRY including feather meal




EC1234/2003 EC1292/2005


EC1234/2003 EC1292/2005

EC1774/2002

EC1234/2003 EC1292/2005

FISH




EC1234/2003 EC1292/2005







EC1774/2002

Hydrolysed proteins derived from non-ruminants




Allowed, subject to controls on process and usage

Subject to controls on process and usage

Subject to controls on process and usage

Subject to controls on process and usage

Egg and egg products




Allowed, subject to controls on process and usage

Allowed, subject to controls on process and usage

Allowed, subject to controls on process and usage

Allowed, subject to controls on process and usage

Key
















Intra species feeding prohibited; it is very unlikely that this ban will ever be relaxed

Currently banned. Some inter species feeding could be allowed, but only when controls are in place that prevent contamination of feed with banned substances, according to the principle of zero tolerance
Non-ruminant feedstuff allowed, but Intra species feeding prohibited





Food and Edible Co-Products (Food Hygiene Regulations)

Official Journal of the European Communities, 2004. L226/3

Official Journal of the European Communities, 2004. L226/221

Official Journal of the European Communities, 2004. L226/83


ABPR

Official Journal of the European Communities, 2002. L273/1

Regulation (EC) No 1774/2002 of the European Parliament and of the Council, laying

down health rules concerning animal by-products not intended for human consumption



TSER

Official Journal of the European Communities, 1999 L147/1

Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathy’s.
Main Amending regulations to Regulation (EC) 999/2001

Regulation (EC) 1234/2003 – amends Annexes I, IV & XI

Regulation (EC) 1292/2005 – amends Annex IV and- refers to a “risk based approach”

Regulation (EC) 1923/2006 - includes concept of “tolerance” threshold limits.

UK SI 2006/1228 The Transmissible Spongiform Encephalopathy’s (No. 2) Regulations
Environment

IPPC Regulation UK SI 2000/1973

WID EC Directive 200/76 L332/91

WMLR UK SI 2005/1728


3.2. RED MEAT
3.2.1. BACKGROUND
Pre-1996, offal and by-products from cattle, sheep and pigs were still often referred to as the ‘fifth quarter’, because the harvesting and sale of these materials produced extra revenue for the abattoir in addition to the four carcase quarters. In recent years the profit available from the ‘fifth quarter’ has been substantially eroded, and much of the material from which once a great deal of value could be derived now fits the definition of ‘waste’ as used for this study.
With the advent of new pathogens within the meat sector and the resulting increase in hygiene and sanitary control, many of the fifth quarter products have been consigned to the dangerous waste category, and the income available from many has been turned into a disposal cost. Similarly many of the ‘meat sector service companies’ that used some of the ‘by-products’ as raw materials to produce derived products (e.g. such as the rendering industry), were in themselves turned into ‘waste disposal’ operatives, particularly after the BSE crisis in 1996.
In recent years the waste disposal industry has faced increasing regulation from the EU Animal By-Product Regulations, the Waste Incineration Directive. This trend looks likely to continue, as environmental issues remain high on the socio/political agenda.
Since the BSE outbreak there has been considerable pressure on animal by-products, especially after meat and bone meal was banned from all livestock rations and derivatives of animal by-products failed to retain their market share. The policy groups in Brussels decided that only by-product materials that had been passed fit for human consumption should be used for animal, bird and fish feed and it was also agreed that intra-species recycling should not be permitted.
These views were expanded and explained in EU Regulation 1774/2002, which also introduced controls on blood, intestinal contents, manure, slaughterhouse effluent and catering waste. It also introduced controls and processing standards on both aerobic and anaerobic (biogas) digestion and a community procedure for the approval of new processing methods e.g. biofuels.

3.2.2. DEFINITIONS OF RED MEAT OFFAL & BY-PRODUCTS


The definition of ‘animal by-products’ used by the Meat Hygiene Service (MHS, 2007) in its control manual for the industry:

Is the entire body, part of an animal or product of animal origin which is not intended for human consumption. Material becomes ABP when it is not intended for human consumption or is no longer intended for human consumption. For example, material may still be fit for human consumption but have no commercial value or not be intended for use on aesthetic grounds. Once material becomes ABP it cannot later revert to being a foodstuff.’


In addition to the output from slaughterhouses, included within another definition of animal by-products are also all those products of the livestock and meat using food industries, including animals that die on farm and a range of surplus or rejected foodstuffs. This also includes catering waste (i.e. waste food originating from restaurants, catering facilities and kitchens) that contains products of animal origin, whether cooked or uncooked.
For the purposes of this report the definition of waste as ‘offal and by-products’ is inclusive of the non carcase meat residuals of the slaughtering process, that include both edible and inedible products that have a low commercial value (before or after processing), or represent a disposal cost.

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