There are Regulations affecting food retailers, distributors or manufacturers (and in certain circumstances caterers) who in the course of their business are left with food material consisting of or containing products originating from animals that is no longer intended for human consumption (for example, raw meat or fish past its use-by-date, milk and milk products, and eggs and egg products).

In the guide
Purpose of the Regulations
Can waste food be fed to livestock?
Waste food originating from retailers, distributors, wholesalers and manufacturers
What must I do with waste that cannot go to landfill?
What about 'sale or return' foods?
Do I have to empty food from its packaging before it is collected?
Catering waste
Where can I get a list of approved carriers?

Purpose of the Regulations
The Animal By-Products (Enforcement) (England) Regulations 2011 lay down rules for the collection, handling, transport, storage and disposal of animal by-products. They aim to control the risks, including disease, to both animals and the public.Food material consisting of or containing products originating from animals becomes an animal by-product (ABP), when the food business manager makes a decision that the product is no longer to be used for human consumption for whatever reason. Once this decision is made it is irreversible. The material then becomes a low risk (category 3) ABP and the origin of this food material determines how it can be disposed of or used.

Can waste food be fed to livestock?
In some instances former foodstuffs may be used for feeding to livestock providing the material does not contain and has not been in contact with materials of animal origin - for example, raw meat, fish, eggs or products derived from or incorporating meat or fish. Products that may be fed to farmed animals may include: eligible bakery, biscuit and confectionary products, fruit and vegetables.

Food businesses handling ABPs and former foodstuffs that wish to send eligible material for feeding to livestock must have a Hazard Analysis and Critical Control Points (HACCP) plan in place to effectively control the separation, identification and storage of this waste to prevent any cross-contamination.

All former foodstuffs to be disposed of as animal feed must be safe and wholesome for the intended species and must not be mouldy or contaminated with foreign bodies etc.

All stages in the chain need to be registered with their local authority under EU Regulation (EC) No 183/2005, including the food business, the livestock producer and the haulier (if not the food producer or livestock producer).

Waste food originating from retailers, distributors, wholesalers and manufacturers
The following two types of food products fall into the lowest category of animal by-product waste, which is category 3, and so must be disposed of in accordance with the above Regulations and are not eligible to be fed to livestock under any circumstances.

RAW MEAT AND FISH
Includes meat and fish off-cuts, products that require cooking before consumption, for example, scampi, fish fingers, raw sausages, chicken kiev, bacon. These products must be disposed of at approved premises by one of the prescribed methods, for example, by rendering, incineration, or disposal at an approved biogas or composting plant or as prescribed by the EU Regulation (EC) No 1069/2009.

FORMER FOODSTUFFS
Uncooked and lightly cooked meat, poultry and fish products that are no longer intended for human consumption (for example, due to commercial reasons, or manufacturing/packaging defects, and also out of date foods). This includes, for example, rare cooked meat (pink meat), beef jerky, Parma and Serrano ham, raw eggs and smoked salmon. These products must also be disposed of by one of the prescribed methods.

Small quantities of category 3 ABP from retailers, distributors or manufacturers premises (up to 20kg) maybe disposed of to landfill as normal business waste, with no requirement for commercial documentation or labelling.

This derogation applies to such businesses generating no more than 20kg of category 3 ABP a week. This does not mean that a business generating 50kg a week can put 20kg in landfill and then treat the remaining 30kg as ABP.  

Any small business taking advantage of this derogation will need to keep detailed records to show the type and total weight of each batch of category 3 material sent to landfill each week - for example, '17/09/2012 - 5 bags of raw mince weighing in total 15kgs'.

Two flow charts are attached to help you decide how to dispose of your food waste:

Animal by-products regulations flowchart (PDF 41KB)
Disposal of waste foods containing animal by-products flowchart (PDF 10KB)

For additional information see the animal by-products pages of the Animal Health website.

What must I do with waste food that cannot go to landfill?
STORAGE
Store all category 3 animal by-product waste covered in a safe place, separately from other waste and away from vermin, wild birds or livestock.

WASTE CONTAINERS
Animal by-product waste must be stored in a clean, lidded, leak proof container and must be labelled: 'Category 3 material. Not for human consumption'.

Storage should not pose a risk of contamination to other foodstuffs, nor be left exposed to animals or wild birds.

COLLECTION
Must be by a licensed carrier (see below for how to find one) and be taken to approved premises for the correct method of disposal. The carrier must give you a commercial document specifying as a minimum:

• date of transport
• description of the material and the category description
• quantity
• name and address of origin of material
• name and address of transporter
• name and address of destination and approval/registration number (if applicable)
• signature of responsible person (generally the person producing the document)

RECORDS
As a consignor of animal by-product waste you must keep a record showing 1, 2, 5 and 6 above. In most cases, the copy of the commercial document can serve as your record. However, it is advisable to have additional records in book form or on computer, as appropriate. Both the commercial documents and records are required to be kept for two years and must be available for inspection by an authorised inspector.

CLEANSING AND DISINFECTION
After each collection you must thoroughly clean and disinfect the container.

EMERGENCIES
You are advised to make plans in case of an emergency - for example, a freezer breakdown or product recall - when you may have to destroy large amounts of ABP at short notice.

What about 'sale or return' foods?
You can continue your normal practices with your supplier. However you cannot use them to dispose of other former foodstuffs - for example, out of date/damaged canned or dried meat products. If the decision is made that they are an ABP, they should be collected/disposed of as detailed above. Special care and provisions should be taken with 'sale or return' items if you are intending to supply into the feed chain. You should contact your local authority animal health/trading standards for further advice if you are considering doing this.

Do I have to empty food from its packaging before it is collected?
Any raw meat or raw fish still in packaging or packaging contaminated with such material cannot be disposed of to landfill.

You should check with your collector that they will accept waste animal by-products in its packaging. If they will not, then packaging must be properly emptied before the carrier collects the category 3 materials and the empty and clean packaging is then sent to landfill or recycling as appropriate. Many waste processing companies such as renderers and incinerators can take, and deal with, packaging.

Any packaging which is significantly contaminated with category 3 material cannot go for landfill and must be disposed of as per category 3 material.

Catering waste
Catering waste means all waste food (including used cooking oils) originating in restaurants, catering facilities and kitchens, including domestic kitchens. Catering waste is classified as category 3 ABP, except in the case of international catering waste (ICW), when it is classified as category 1 ABP.

The disposal of catering waste is only controlled by the Regulations under limited circumstances - for example, if you are sending it for any of the following:

• animal consumption (it is illegal to feed catering waste containing meat to livestock)
• use in a biogas plant for composting (international catering waste is classified as high risk category 1 ABP and as such cannot be used for biogas or composting)
• use in pet food (it is illegal to use catering waste in the manufacture of pet food)

All other catering waste can continue to be disposed of to landfill in the normal way. However, you must ensure that the waste is stored in covered leak proof containers to which wild animals, birds and livestock cannot gain access.

If the catering operation shares premises with another food activity such as retail, bakery, or butchery then the non-catering waste must be disposed of as set out earlier.

Where can I get a list of approved carriers?
Details of licensed carriers and approved premises to transport and dispose of animal by-product waste can be provided by your area Animal Health and Veterinary Laboratories Agency office (formerly Animal Health). Further details can be found on the Defra website: Premises / Collectors.

Additional material can be found on Defra's Controls on animal by-products page.

Please note
This leaflet is not an authoritative interpretation of the law and is intended only for guidance. Any legislation referred to, while still current, may have been amended from the form in which it was originally enacted. Please contact us for further information.

Relevant legislation
EU Regulation (EC) No 183/2005 laying down requirements for feed hygiene
EU Regulation (EC) No 1069/2009 laying down health rules as regards animal by-products and derived products not intended for human consumption (Animal by-products Regulation)
Animal By-Products (Enforcement) (England) Regulations 2011
EU Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 and Council Directive 97/78/EC

Last reviewed/updated: October 2012