Regulation (EC) No 1069/2009 (Animal by-products Regulation)

In force

This text since 14 Dec 2019law://eu/reg/2009/1069/art_11@2026-11-13

Contents

Article 11Restrictions on use#

1.The following uses of animal by-products and derived products shall be prohibited:

(a)the feeding of terrestrial animals of a given species other than fur animals with processed animal protein derived from the bodies or parts of bodies of animals of the same species;

(b)the feeding of farmed animals other than fur animals with catering waste or feed material containing or derived from catering waste;

(c)the feeding of farmed animals with herbage, either directly by grazing or by feeding with cut herbage, from land to which organic fertilisers or soil improvers, other than manure, have been applied unless the cutting or grazing takes place after the expiry of a waiting period which ensures adequate control of risks to public and animal health and is at least 21 days; and

(d)the feeding of farmed fish with processed animal protein derived from the bodies or parts of bodies of farmed fish of the same species.

2.Measures relating to the following may be laid down:

(a)the checks and controls to be carried out to ensure the application of the prohibitions referred to in paragraph 1, including detection methods and tests to be used to verify the presence of materials originating from certain species and thresholds for insignificant amounts of processed animal proteins referred to in points (a) and (d) of paragraph 1 which are caused by adventitious and technically unavoidable contamination;

(b)the conditions for the feeding of fur animals with processed animal protein derived from bodies or parts of bodies of animals of the same species; and

(c)the conditions for the feeding of farmed animals with herbage from land to which organic fertilisers or soil improvers have been applied, in particular a modification of the waiting period as referred to in paragraph 1(c).

Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 52(4).

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Key facts

Type: Regulation · (EC) No 1069/2009
Adopted: 21 Oct 2009
In force: 4 Dec 2009
Applies from: 4 Mar 2011
Text current to: 14 Dec 2019
Made by: Council of the European Union, European Parliament
Official: EUR-Lex 32009R1069 · ELI

Topics

animal product by-product food inspection food safety health control health risk Animal feedingstuffs Internal market - Principles Live animals, germinal products and products of animal origin Veterinary legislation

History · 1 version

14 Dec 2019Reading

Connections

See on a map

Interpreted by the courts in 4: Landkreis Jerichower Land v A (C-85/23); Toropet Ltd. v Landkreis Greiz (C-836/19); Criminal proceedings against XN and Others (C-21/19, C-22/19, C-23/19); ReFood GmbH & Co. KG v Landwirtschaftskammer Niedersachsen (C-634/17)
Cited by 1: Commission Regulation (EU) No 142/201125 provisions

Defined terms · 27

Show every defined term

animal
means any invertebrate or vertebrate animal;
animal by-products
means entire bodies or parts of animals, products of animal origin or other products obtained from animals, which are not intended for human consumption, including oocytes, embryos and semen;
aquatic animals
means aquatic animals as defined in Article 3(1)(e) of Directive 2006/88/EC;
authorised landfill
means a landfill for which a permit has been issued in accordance with Directive 1999/31/EC;
carcase
means carcase as defined in point 1.9 of Annex I to Regulation (EC) No 853/2004;
centrifuge or separator sludge
means material collected as a by-product after purification of raw milk and separation of skimmed milk and cream from raw milk;
competent authority
means competent authorities as defined in point (3) of Article 3 of Regulation (EU) 2017/625 of the European Parliament and of the Council;
derived products
means products obtained from one or more treatments, transformations or steps of processing of animal by-products;
export
means movement from the Community to a third country;
farmed animal
means:
feedingstuff
means feed or feedingstuff as defined in Article 3(4) of Regulation (EC) No 178/2002;
foodstuff
means food or foodstuff as defined in Article 2 of Regulation (EC) No 178/2002;
manure
means any excrement and/or urine of farmed animals other than farmed fish, with or without litter;
operator
means the natural or legal persons having an animal by-product or derived product under their actual control, including carriers, traders and users;
pet animal
means any animal belonging to species normally nourished and kept but not consumed, by humans for purposes other than farming;
placing on the market
means any operation the purpose of which is to sell animal by-products or derived products to a third party in the Community or any other form of supply against payment or free of charge to such a third party or storage with a view to supply to such a third party;
plant
means any place where any operation involving the handling of animal by-products or derived products is carried out, other than a fishing vessel;
pressure sterilisation
means the processing of animal by-products, after reduction in particle size to not more than 50 mm, to a core temperature of more than 133 °C for at least 20 minutes without interruption at an absolute pressure of at least 3 bar;
products of animal origin
means products of animal origin as defined in point 8.1 of Annex I to Regulation (EC) No 853/2004;
remote area
means an area where the animal population is so small, and where disposal establishments or plants are so far away that the arrangements necessary for the collection and transport of animal by-products would be unacceptably onerous compared to local disposal;
soil improver
means materials of animal origin used to maintain or improve plant nutrition and the physical and chemical properties and biological activities of soils, either separately or together;
specified risk material
means specified risk material as defined in Article 3(1)(g) of Regulation (EC) No 999/2001;
transit
means transit as defined in Article 3(44) of Regulation (EU) 2017/625;
transmissible spongiform encephalopathies (TSEs)
means all transmissible spongiform encephalopathies as defined in Article 3(1)(a) of Regulation (EC) No 999/2001;
user
means the natural or legal persons using animal by-products and derived products for special feeding purposes, for research or for other specific purposes;
waste
means waste as defined in point 1 of Article 3 of Directive 2008/98/EC.
wild animal
means any animal not kept by humans;