56It should also be highlighted that, according to recital 36, Regulation No 1069/2009 provides that the operators are primarily responsible for ensuring compliance with that regulation in order to protect public and animal health. In that respect, operators have a duty to comply with the requirements of that regulation which are relevant to their activities when treating animal by-products. Against that background, Article 28 of Regulation No 1069/2009 requires operators, by means of a system of own checks, to ensure that no animal by-products suspected or discovered not to comply with the regulation leave the establishment or plant, unless destined for disposal.
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