Fallen stock FAQ
General ABP
A: Farmers are responsible for the disposal of their fallen stock. The livestock industry has a great deal to gain from maintaining public confidence in its ability to dispose of its waste in a safe and sustainable manner.
Q2: How quickly must fallen stock be disposed of and what are the storage requirements prior to collection?
A: As with all animal by-products, Article 21 of the EU Control Regulation requires fallen stock to be collected, identified and transported without ‘undue delay’. Undue delay is not defined in the EU Control Regulation but is taken to mean as soon as reasonably practicable taking account of individual circumstances for example the availability of a collection service, the storage temperature of the fallen stock (for example carcasses stored at ambient temperatures should be disposed of more quickly that those kept chilled or frozen) and any extenuating circumstances such as poor weather or ill-health.
Although the Government expects farmers to make every effort they can to comply with the EU Control Regulation, it will take a pragmatic approach particularly in winter and poor weather conditions in upland areas and has advised enforcement agencies accordingly.
Pending consignment the carcass must be stored in such a way that animals and birds (including wild animals and birds) do not have access to it.
Q3: Can bins or dolavs be used for temporary storage of carcasses?
A: Bins and dolavs can be used for the temporary bulking of certain fallen stock especially during times of high mortality, such as the lambing season. They must be:
- clean, disinfected and intact before they are left on holdings
- sited so that they are not accessible to livestock and in a place where the collection vehicle has sufficient room to enter the site, collect and exit the site without encroaching on livestock areas
- leak-proof and lidded.
Q4: Are there any record keeping requirements for disposal of fallen stock?
A: It is important that carcass movements are fully traceable. Article 22 of the EU Control Regulation requires the keeping of records of any carcasses that are sent off-farm for disposal elsewhere. During transport, Article 21 of the EU Control Regulation requires carcasses to be accompanied by a Commercial Document.
Q5: How can farmers and horse owners find out about disposal services in their local area?
A: Local information on the disposal of animal carcasses is available from your local office.
The National Fallen Stock Company Ltd, a not for profit industry-led community interest company offers a collection service for farmers and horse owners. Further information is at: www.nfsco.co.uk.
The Licensed Animal Slaughterers’ & Salvage Association can provide a members list of companies which provide a collection service for farmers and horse owners. Further information is at: www.lassa.org.uk.
A: No. Although the testing of all fallen cattle aged over 48 months for BSE is required by the EU TSE Regulation 999/2001, the EU Control Regulation does not require Member States to pay for the collection or disposal of these carcasses.
- there is a derogation for specified remote areas
- for imported cattle a younger age threshold for BSE testing may apply.
Further information on BSE testing is available at:
A: The burial ban was introduced in all European Union Member States in 2003. It was done to protect the health of human and animals as well as to safeguard the environment. Improper burial can cause pollution especially to groundwater due to gas and leachate production. This can increase the risk of transmission of disease to man, animals, birds, & insects.
Q8: Are there any derogations to the ban on burial or burning?
A: Article 19(1) of the EU Control Regulation sets out the disposal derogations available to member States. The only exceptions from the ban that are permitted in the UK are:
- burial of dead pet animals and equidae (see questions 4 and 5)
- the disposal by burning or burial on site or by other means under official supervision which prevent the transmission of risks to public and animal health in remote areas (parts of the Highlands and Islands of Scotland, Bardsey Island and Caldy Island in Wales, and the Isles of Scilly and Lundy Island) of wild animals infected with communicable disease (see also question 12) and fallen stock except TSE suspects. In remote areas of Scotland, if a fallen stock collection services is available it should be used instead of burial
- the disposal by burning or burial on site or by other means under official supervision which prevent the transmission of risks to public and animal health of fallen stock (except carcasses of animals in which a TSE such as BSE or scrapie is suspected) in areas where access is practically impossible or where access would only be possible under circumstances, related to geographical or climatic reasons or due to a natural disaster, which would pose a risk to the health and safety of the personnel carrying out the collection or where access would necessitate the use of disproportionate means of collection.
More information on the circumstances in which the derogation for on-farm burial and burning can be used is available
Q9: Are there any derogations to the ban on burial or burning?
A: Burial and burning of animal by-products must be authorised by the competent authority and done at a site which minimises the risk to animal and public health and the environment, provided that the site is located within a range of distance sufficient to enable the competent authority to manage the prevention of the risk to animal and public health and the environment. The conditions for burial and burning are set out in Article 19(1) of the EU Control Regulation (see question 8) are set out in Annex VI, Chapter III, Section 1 of the EU Implementing Regulation. More information on the Conditions for burial and burning derogations is available here.
A: Yes. The EU Control Regulation allows member States to apply various derogations regarding the disposal of animal by-products (ABPs) and, amongst others the Government has applied the derogation to permit the burial of dead pet animals. The definition of a pet animal in the EU Control Regulation is 'any animal belonging to species normally nourished and kept, but not consumed, by humans for purposes other than farming'. Normal farm species such as sheep, cattle, pigs, goats and poultry fall outside this definition and must be disposed of by an approved route other than burial.
A: Under the previous ABP legislation, the burial of horses was only permitted if they had been kept as pets.
In England it is now permitted for all horses to be buried, whether they are pets or not. In Scotland and Wales only pet horses may be buried. Before burying a horse, advice should be sought on the correct procedure e.g. on deciding the location of the burial site to take account of factors such as livestock access and the potential for leaching into watercourses.
Further advice is available from the Environment Agency website.
Q12: What controls are there on the disposal of the carcasses of Wild Animals?
A: A wild animal is defined in Article 3 of the EU Control Regulation as ‘any animal not kept by humans’. Whether or not an animal is a wild animal is a question of fact. In most cases it will be obvious (for example, wild birds that have never been owned or controlled are wild animals). However, where there is doubt, some of the considerations to take into account in deciding whether or not something is a wild animal are:
- Has the animal ever been fed by man?
- Has it ever been managed by man, or received veterinary attention from man?
- Has man ever established artificial boundaries that it cannot ordinarily pass?
However, even if some or all of these questions are answered in the affirmative, it is still possible that the animal is, or may have subsequently become a wild animal. This will be a question of fact in each case.
The carcasses or parts of carcasses of wild animals, other than wild game, are exempt from the scope of the EU Control Regulation unless they are suspected of being infected or affected with a disease communicable to humans or animals. Even though the EU Control Regulation places them under no legal obligation, owners of property on which there are dead wild animals are advised to contact their local authority for advice on appropriate disposal methods.
If carcasses of wild animals are suspected of being infected with a communicable disease the landowner must ensure that the carcasses are disposed of in accordance with the EU Control Regulation as category 1 (high risk) ABPs unless in a remote area (see question 2).
Q13: What controls are there on the disposal of the carcasses of Wild Game?
A: Under article 2 of the EU Control Regulation, entire bodies or parts of bodies of wild game which are not collected after killing in accordance with good hunting practice are exempt from the scope of the EU Control Regulation e.g. the internal organs removed from deer after killing (the gralloch) would not be in scope but leaving the excess carcasses of game birds in the open following a shoot would not be good hunting practice and would be in scope and subject to enforcement under the EU Control Regulation. Even if the carcasses are not in scope, environmental controls will still apply. For further information see the Environment Agency website or the Scottish Environment Protection Agency.
Q14: Who enforces the legislation on the disposal of animal by-products, including fallen stock?
A: Local authorities, usually Trading Standards, are the enforcement authority for the EU Control Regulation.
A: Where a carcass is dumped on private land, wherever possible the owner of the animal will be identified and held responsible. If ownership cannot be proven, responsibility for disposal rests with the landowner. The local authority, usually Environmental Health, has powers under the statutory nuisance provisions of The Environmental Protection Act 1990 to deal with 'accumulations or deposits which are prejudicial to health or a nuisance'.
Appropriate action can subsequently be taken against the owner of the carcass. Where a carcass is dumped elsewhere, including on public land or highways, and ownership of the carcass cannot be ascertained, responsibility for disposal rests with the local authority.
Incinerators and other means of disposal
Q16: Does the EU Control Regulation control carcass incinerators?
A: Yes. Guidance regarding the use of incinerators to dispose of fallen stock including mobile incinerators and the sharing of incinerators by farming cooperatives can be found on our Approval and operation of incineration plants which receive ABP page.
A: The direct spreading of ash to land is controlled by Environmental Legislation and not the EU Control Regulation. Further information can be found on our Environment Agency website or the Scottish Environment Protection Agency.
Ash can also be disposed of at a licensed landfill site.
Q18: Are composting and bio-digestion permitted disposal routes?
A: No. The direct composting or bio-digestion of fallen stock is illegal but with revision of the legislation, Article 20(5)(a) of EU Control Regulation makes it more straightforward to obtain EU approval for alternative measures for the effective containment of fallen stock, such as by using innovative bioreduction systems. Research in this area sponsored by the Welsh Government is progressing well and we hope to present a dossier to the European Food Safety Authority for consideration in 2011. If a favorable opinion is obtained the Commission will then be able to make the necessary legislative changes to allow their use as soon as possible thereafter.
Q19: What about the feeding of fallen stock to necrophagous birds, such as red kites?
A: The EU Control Regulation permits Member States to authorise the feeding of Category 1 animal by-products to birds of prey. A derogation to permit the feeding of fallen stock to necrophagous birds is available in some member States, for example as part of approved conservation measures for vultures. This derogation is not available in the UK.
A: No. The routine on-farm burial and burning of afterbirth and stillborn animals etc. Is not permitted. However the derogation permitting the burial of pet animals (see question 3) would also apply to afterbirth material and stillborn animals from a pet animal.
Q21: What about disposal of animal by-products that arise on farm as a result of surgical intervention?
A: The UK exercises the derogation in Article 16(h) of EU Control Regulation to permit disposal of animal by-products (except high risk category 1) that arise on-farm from surgical intervention on healthy animals (e.g. amputations, castrations and the like) these may be buried in according with good practice on burial - see the Environment Agency website or the Scottish Environment Protection Agency.
Hunt Kennels
Q22: Are hunt kennels permitted to collect fallen stock under the EU Animal By-Products Regulation?
A: Yes. The EU Control Regulation permits hunt kennels to collect fallen stock and they must be registered as final users/collection centres.
