Key Benefits:
Minister of Economy, Finance and Industry, Minister of Agriculture and Fisheries and Minister for Budget and State Reform, Government Spokesperson,
Having regard to Regulation (EC) No. 999/2001 of the European Parliament and Council of 22 May 2001 establishing the rules for the prevention, control and eradication of certain communicable spongiform encephalopathies;
Having regard to Regulation (EC) No. 1774/2002 of the European Parliament and the amended Council of 3 October 2002 establishing the sanitary rules applicable to animal by-products not intended for human consumption;
Considering Commission Regulation (EC) No. 93/2005 of 19 January 2005 amending Regulation (EC) No. 1774/2002 of the European Parliament and of the Council with regard to the transformation of animal by-products from fish and commercial documents intended for the transport of animal by-products;
Considering the rural code, including its book II, titles Il et III;
Considering the consumer code, including its book II, titles I and II;
Considering the Customs Code, including Article 38;
Considering the 17 March 1992 decree on the conditions to be met by the butchery slaughterhouses for the production and marketing of fresh meats and determining the conditions for the sanitary inspection of these establishments;
Having regard to the decision of 11 March 1996 on health rules and veterinary controls applicable to products of animal origin from another Member State of the European Community and having the status of community goods;
Considering the decision of 11 February 2000 on sanitary conditions for the importation of products intended for animal feed from third countries;
In view of the decision of 25 April 2000 taken for application of Article 275-2 of the Rural Code and relating to veterinary certification in trade and export;
Considering the Order of 5 May 2000 establishing the terms and conditions of veterinary controls for the importation of products from third countries;
In view of the Decree of 20 March 2003 on sanitary conditions governing the use, marketing, trade, imports and exports of certain animal products intended for the supply and manufacture of animal feeds or other uses;
Considering the Order of 25 November 2003 on sanitary conditions for the importation of live animals, animal products and animal or animal products from third countries;
Considering the Order of 20 May 2005 setting the conditions for the preparation of pet foods;
Considering the opinion of the French Food Safety Agency dated 16 December 2004,
Stop:
This Order sets out the sanitary conditions for intra-community exchanges, imports and exports of certain animal products intended for the feeding and manufacturing of pet foods.
Products containing or prepared from animal material intended for the feeding and manufacture of pet foods, may only be exchanged, imported or exported if they do not contain and have not been prepared from substances of categories 1 or 2 referred to in sections 4 and 5 of Regulation (EC) No. 1774/2002 referred to above, including specified hazardous materials referred to in section 31,
- all or part of the skull, including the encephalus and eyes, and the spinal cord of cattle over twelve months of age;
- the spinal column, excluding caudal vertebrae, transverse apophyses of lumbar and thoracic vertebrae and the wings of the sacrum, but including rachidian ganglions, bovines aged twelve months and older;
- intestines, duodenum to rectum, including mesentery, spleen and tonsils of cattle;
- the thymus of the cattle, except that of the cattle:
- originating from the countries of the European Union, born between 1 January 2002 and 30 June 2002 and fed from their birth exclusively with foods not incorporating ruminant materials, except milk or milk materials;
- originating from the countries of the European Union, born after 30 June 2002, and which have been fed since their birth exclusively with foods not incorporating ruminant materials, except:
- milk or milk materials;
- where applicable, ruminant fats from the melting of the adipose tissues collected before cutting into demis by longitudinal slit of the vertebral column of the carcasses and subjected to a purification treatment to guarantee a maximum residual total insoluble impurities rate of 0.15 % by weight and a thermal treatment at 133 °C, for 20 minutes without interruption, at the maximum pressure of 3 bars with a size equal to
- all or part of the head, including the eyes and tonsils, but excluding encephalus, tongue, and slaughters, ovins and caprins less than six months;
- all or part of the head, including encephalus, eyes and tonsils, but excluding the language and masseters, ovins and caprins of more than six months;
- the spinal cord of sheep and caprins more than twelve months old;
- the spleen of sheep and caprins;
- the ileon of the ovines and caprins slaughtered as of 1 October 2003;
- all or part of the head, including encephalus, eyes and tonsils, but excluding the language and masseters, ovins and caprins born or raised in the United Kingdom.
However, products containing or prepared from animal materials, intended for the feeding and manufacturing of pet foods, originating in third countries listed in Annex XI, letter A, item 15 (b), of amended Regulation (EC) No 99912001, may contain or have been prepared from the materials cited in the dash one to ten of this section.
Products containing or prepared from animal materials intended for the feeding and manufacturing of pet foods may only be exchanged, imported or exported if they contain and have been prepared from Category 3 substances as defined in Article 6, Item 1 (a) to (j) of Regulation (EC) No 1774/2002, excluding:
(a) Adipose tissues of ruminants collected after slit of the spine;
(b) Fats obtained from the cast of ruminant fat tissues collected after slit of the spinal column;
(c) Ruminant cretons from ruminant aipous tissues collected after slit of the spinal column;
(d) Processed animal proteins of ruminants, other than;
- ruminant cretons from ruminant aipous tissues collected before slit of the spinal column;
- processed ruminant animal proteins originating from countries or regions deemed to be BSE compensation (category 1) under Regulation (EC) No 999/2001, Annex II, Chapter C, A, and listed in Appendix XI to the Regulations. The terms and conditions for the use of the aforementioned processed animal proteins will be specified by instruction of the Minister in charge of agriculture;
- ruminant bone meat flours derived from ruminant bone exclusively collected from approved human food establishments;
(e) Fats obtained from processed animal proteins derived from ruminants, other than ruminant bone greases from ruminant bones exclusively collected from approved human food establishments.
Without prejudice to the provisions of the above-mentioned Decree of 11 March 1996, the products containing or prepared from animal material, when they come from another Member State of the European Union, that they have the status of community goods and that they are intended to feed and manufacture foods of familiar animals, shall be accompanied by a accompanying trade document as provided by the regulations (EC)
Products containing or prepared from animal material, when they come from a third country and are intended for the feeding and manufacture of pet food, must be accompanied by a health certificate as provided for in Article 5 of the above-mentioned Order of 25 November 2003, supplemented by the certificate provided for in Chapter II of Appendix I to this Order and referred to by an official veterinarian of the country.
In the case of products in sections 4 and 5 above, containing or prepared from animal fats, the certificates provided for in sections 4 and 5 shall be supplemented by the attestation in Appendix II to this Order.
The Order of June 15, 2001 on sanitary conditions governing the marketing, trade, imports and exports of certain animal products intended for the supply and manufacture of pet food is repealed. Any reference to the above-mentioned decision of 15 June 2001 must be understood as a reference to this order from the date of its publication.
This Order comes into force thirty days after its date of publication in the Official Journal of the French Republic.
The Director General of Food, the Director General of Competition, Consumption and the Suppression of Frauds and the Director General of Customs and Indirect Rights are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E I
ATTESTMENTS TO COMMERCIAL DOCUMENTS OR SANITARY CERTIFICATS ACCOMPAGNING PRODUCTS CONTAINED OR PREPARED WITH PARTICULAR ANIMAL MATERIALS AND ASSESSMENT AND FABRICATION OF FAMILY ANIMAL ANIMATES
Chapter I
Attestation under section 4
Products containing or prepared from animal materials, from a Member State of the European Union and intended for feeding and manufacturing of pet foods
"The product referred to above does not contain and has not been prepared from:
1. Category 1 and 2 substances referred to in Articles 4 and 5 of Regulation (EC) No. 1774/2002;
2. Splendid cattle of any age;
Thymus of cattle whatever their age, excluding that of cattle:
- originating from the countries of the European Union, born between 1 January 2002 and 30 June 2002 and fed from their birth exclusively with foods not incorporating ruminant materials, except milk or milk materials;
- originating from the countries of the European Union, born after 30 June 2002, and which have been fed since their birth exclusively with foods not incorporating ruminant materials, except:
- milk or milk materials;
- where applicable, ruminant fats from the melting of the adipose tissues collected before cutting into demis by longitudinal slit of the vertebral column of the carcasses and subjected to a purification treatment to guarantee a maximum residual total insoluble impurities rate of 0.15 % by weight and a thermal treatment at 133 °C, for 20 minutes without interruption, at the maximum pressure of 3 bars with a size equal to
Of all or part of the head, including the eyes and tonsils, but excluding encephalus, tongue and slaughter, ovins and caprins less than six months;
Of all or part of the head, including encephalus, eyes and tonsils, but excluding the language and masseters, ovins and caprins of more than six months;
Of the spinal cord of ovins and caprins of a net weight carcass greater than twelve kilograms;
All or part of the head, including encephalus, eyes and tonsils, but excluding the language and masseters, ovins and caprins born or raised in the United Kingdom;
3. Category 3 substances other than those defined in Article 6, Item 1 (a) to (j) of Regulation (EC) No 1774/2002.
4. Category 3 substances:
(a) Adipose tissues of ruminants collected after slit of the spine;
(b) Fats obtained from the cast of ruminant fat tissues collected after slit of the spinal column;
(c) Ruminant cretons from aipous ruminantscollected tissue after slit of the spine;
(d) Processed animal proteins of ruminants, other than:
- ruminant cretons from ruminant aipous tissues collected before slit of the spinal column;
- processed animal ruminant proteins originating from countries or regions deemed to be BSE compensation (category 1) under Regulation (EC) No 999/2001, Annex II, Chapter C, A, and listed in Annex XI to the Regulations;
- ruminant bone meat flours derived from ruminant bone exclusively collected from approved human food establishments;
(e) Fats obtained from processed animal proteins derived from ruminants, other than ruminant bone greases from ruminant bones exclusively collected from approved human feed plants. »
Chapter II
Attestation under section 5
Products containing or prepared from animal materials, originating in a third country and intended for feeding and manufacturing of pet foods
I. - Declaration as provided for in Annex XI, letter A, item 15 (b) of the above-mentioned Regulation (EC) No 999/2001.
II. - The following are added:
"The product referred to above does not contain and has not been prepared from:
1. Category 1 and 2 substances referred to in Articles 4 and 5 of Regulation (EC) No. 1774/2002;
2. Splendid cattle of any age;
Thymus of cattle;
Of all or part of the head, including the eyes and tonsils, but excluding encephalus, tongue and slaughter, ovins and caprins less than six months;
Of all or part of the head, including encephalus, eyes and tonsils, but excluding the language and masseters, ovins and caprins of more than six months;
Of the spinal cord of ovins and caprins of a net weight carcass greater than 12 kilograms;
All or part of the head, including encephalus, eyes and tonsils, but excluding the language and masseters, ovins and caprins born or raised in the United Kingdom (1).
3. Category 3 substances other than those defined in Article 6, Item 1 (a) to (j) of Regulation (EC) No 1774/2002;
4. Category 3 substances:
(a) Adipose tissues of ruminants collected after slit of the spine;
(b) Fats obtained from the cast of ruminant fat tissues collected after slit of the spinal column;
(c) Ruminant cretons from ruminant aipous tissues collected after slit of the spinal column;
(d) Processed animal proteins of ruminants, other than:
- ruminant cretons from ruminant aipous tissues collected before slit of the spinal column;
- processed animal ruminant proteins originating from countries or regions deemed to be BSE compensation (category 1) under Regulation (EC) No 999/2001, Annex II, Chapter C, A, and listed in Annex XI to the Regulations;
- ruminant bone meat flours derived from ruminant bone exclusively collected from approved human food establishments;
(e) Fats obtained from processed animal proteins derived from ruminants, other than ruminant bone greases from ruminant bones exclusively collected from approved human feed plants.
Chapter III
Common Terms for Chapters I and II
If the documentary and physical controls make it clear that the product contains and has been prepared only from Category 3 material within the meaning of Regulation (EC) No. 1774/2002, or that the product is specific to human consumption, the reference provided for in Chapter I, paragraph 1 and Chapter II-1 is optional.
If the documentary and physical controls make it clear that the product does not contain and has not been prepared from the raw material of bovine, ovine or caprine origin, or that the product is made exclusively of dairy products, the references in Chapter I, paragraph 2 and Chapter II-2 are optional.
A N N E X E I
ATTESTMENTS TO COMMERCIAL DOCUMENTS OR SANITARY CERTIFICATS ACCOMPAGNING PRODUCTS CONTAINED OR PREPARED FROM ANIMAL ORIGIN GRAISSES AND DESTINED TO THE ALTERNATATION OF FAMILY ANIMAL ANIMATES
"The product referred to above:
- contains or has been prepared from fats obtained from the melting of ruminant adipose tissues collected before slit of the spinal column, which have been subjected to purification in order to obtain a maximum rate of non-soluble total residual impurities not exceeding 0.15 % by weight of the finished product;
- does not contain and has not been prepared from melted fats from ruminant fats (1).
Done in Paris, 4 August 2005.
Minister of Agriculture and Fisheries,
For the Minister and by delegation:
The Executive Director of Food,
S. Villers
Minister of Economy,
finance and industry,
For the Minister and by delegation:
The Director General of Competition,
consumption
and the suppression of fraud,
G. Cerruti
Minister for Budget
and the reform of the state,
Government spokesperson,
For the Minister and by delegation:
The Chief Customs Officer
and indirect rights,
F. Mongin
