European Union: Reform Of Feed Ban To Allow PAPs To Be Used In Aqua Feed

Last Updated: 12 March 2013
Article by Deborah Spence, Isabel Foley, Danielle Conaghan and Orla M. Clayton
Most Read Contributor in Ireland, February 2019

A new European Commission Regulation (Regulation 56/2013) came into force on 5 February 2013, which reforms the stringent rules on the use of processed animal proteins (PAPS) from non-ruminants (e.g. pigs and poultry) in feed. This Regulation amends the EU Regulation 999/2001 on transmissible sponigorm encephalopathies (TSEs)("TSE Regulation") and is the product of the agreement reached between the Commission and technical experts from the EU Member States in July 2012.

The TSE Regulation was adopted in reaction to the poor control of meat and bone meal in the animal feed chain during the 1980's and 1990's. However, with an ever decreasing risk of TSEs throughout Europe it is recognised that there is now less need for these measures. The result being that, from 1 June 2013 onwards, PAPs from non-ruminants will now be deemed suitable for use specifically in farmed aqua feed only.

Non-ruminant aqua feed

Up until the coming into force of Commission Regulation 56/2013, the TSE Regulation imposed a general ban on the use of PAPs in the feeding of both ruminants (e.g. cattle and sheep) and in non-ruminant animals, including fish and other aquaculture animals. Now, PAPs derived from non-ruminant animals can be used in aqua feed. The production of PAPs themselves is subject to the requirements set out in the EU animal by-products legislation (Regulation 1069/2009, Regulation 142/2011 and Regulation 749/2011). In particular PAPs must only be derived from so-called 'Category 3' animal by-products (e.g. undiseased carcasses and parts of slaughtered animals, including hides, skins, horns and feet), undergo pressure sterilisation and be subject to controlled storage.

The relaxation of rules on PAPs in the feed chain has come about for two principal reasons. First, in 2007, the European Food Safety Authority (EFSA) adopted scientific opinions which found no TSE risk occuring from the provision of non-ruminant feed to non-ruminant animals, where 'intra-species recycling' (i.e. cannabalism) is avoided. Second, the European Parliament (EP) adopted two resolutions in 2011 which called for reform of the rules on PAPs in animal nutrition. These resolutions were inspired by the deficits in EU protein crop production and the exposure of the EU livestock sector to volatility in global protein feed prices. The EP insisted, however, that any move to overhaul the feed ban be accompanied by specific methods "to identify the species origin of proteins in animal feed containing PAPs so that intra-species recycling and the presence of ruminant PAPs can be excluded".

Control Measures

The new Commission Regulation (Regulation 56/2013) is accompanied by a number of strict measures aimed at avoiding the risk of cross-contamination between ruminant and non-ruminant PAPs and between feed chains intended for different species of farmed animals. This approach is based on the experience gained during the BSE epidemic, when meat and bone meal, initially banned as a feed material for cattle, remained available on the market for non-ruminants and, as a result of weak controls, ended up being fed to bovine animals.

Slaughterhouses and cutting plants supplying animal by-products for PAP-based aqua feed, as well as the PAP plants themselves, may not generally process ruminant animals or by-products (TSE Regulation (as amended)). The competent authorities, such as the Department of Agriculture and the Food Safety Authority of Ireland, may derogate from this rule where certain criteria are satisfied, including the segregation of slaughter and processing lines, separate storage and regular sampling and analysis for the detection of ruminant proteins.

Special labelling requirements set down by the TSE Regulation (as amended) also apply. The commercial documentation or health certifications accompanying PAPs for aqua feed must bear the indication: '[contains] processed animal protein derived from non-ruminants – shall not be used for the production of feed for farmed animals except aquaculture animals and fur animals'.

Segregation rules have also been developed for vehicles and containers transporting PAPs for aqua feed and those used for transporting feed materials intended for cattle, sheep, pigs and poultry. Detailed records on the transportation of PAPs for aqua feed must be kept for two years. The same vehicles may only be used for the transportation of both types of feed if cleaning is undertaken in order to avoid the risk of cross-contamination. The cleaning method must be in accordance with a documented procedure approved in advance by competent authorities. In addition, records must be kept for two years detailing the carrying out of any such cleaning.

PAPs in pig and poultry feed

The Commission has noted that while effective DNA tests have been developed to detect even very low levels of any ruminant material in feed, no diagnostic method has been validated to test for non-ruminant material in feed. For this reason, and with the objective of avoiding any risk of intra-species recycling, the Commission has not authorised the use of porcine PAPs in poultry feed or poultry PAPs in pig feed. However, the Commission has suggested that if a diagnostic test for the detection of non-ruminant material is approved in the future by the EU Reference Laboratory for Animal Proteins, this may clear the way for the use of non-ruminant PAPs in the pig and poultry sectors.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Sign Up
Gain free access to lawyers expertise from more than 250 countries.
 
Email Address
Company Name
Password
Confirm Password
Country
Position
Industry
Mondaq Newsalert
Select Topics
Select Regions
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions