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ENVIRONMENT, FOOD AND RURAL AFFAIRS

Animal By-products

Mr. Whittingdale: To ask the Secretary of State for Environment, Food and Rural Affairs what the requirements upon retailers are for the intermediate handling and disposal of category 1 and category 3 animal by-products. [177398]

Mr. Bradshaw: We would not expect retailers to produce category 1 animal by-products such are specified risk material. Full requirements for handling and disposal of all animal by-products are set out in Regulation (EC) No 1774/2002.
 
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The Regulation also sets out the standards that intermediate plants and processing or disposal operations must comply with and applies controls to the transport of animal by-products. These are listed in Annex III of the Regulation.

Among the requirements for a category 3 intermediate plant, it must have its own entrance, exit, should be capable of being washed and disinfected, and should have its own dedicated staff. It also lists the hygiene considerations to prevent cross-contamination with food intended for human consumption.

A guidance note on the requirements has been provided to the food industry which is available at: http://www.defra.gov.uk/animalh/by-prods/Former Foodstuffs/guidance dispffs.pdf.

Bovine TB

Mr. Paterson: To ask the Secretary of State for Environment, Food and Rural Affairs (1) in what circumstances shooting carried out under licence or other authority is a permitted means of killing badgers; [158500]

(2) pursuant to the Answer of 28 January 2004, Official Report, column 381W, on badgers, what methods other than shooting are available for the culling of badgers. [159154]

Mr. Bradshaw: Where killing is carried out under a licence issued by Defra, the techniqueemployed will depend on the particular circumstances of the individual case, but will normally involve cage trapping and humane dispatch by shooting.

All wild animals are protected by Section 11(1) of the Wildlife and Countryside Act 1981, against the use of self locking snares, bows, crossbows, or any explosive other than ammunition for a firearm for the purpose of killing or taking.

Schedule 6 of the Wildlife and Countryside Act 1981 details a list of species, including badgers, which are protected from further methods of killing or taking. Prohibited methods are detailed in Section 11(2) of the 1981 Act, and are any trap, net or snare, electrical devices, poisons, stupefying bait, automatic or semi-automatic weapon, any illuminating or sighting device for night shooting, any dazzling device, any gas or smoke, decoys, sound recording or, in immediate pursuit, mechanically propelled vehicles.

It is an offence if any person uses a prohibited method against a Schedule 6 species without obtaining a licence from Defra. On conviction the maximum summary fine and sentence is a £5,000 fine and/or six-month custodial sentence.

Section 2(1) of the Protection of Badgers Act 1992 makes it an offence to use in the course of killing or taking a badger any badger tongs or any firearms other than a smooth-bore weapon of not less than 20 bore or a rifle using ammunition having a muzzle energy of not less than 160 foot-pounds and a bullet weighing not less than 38 grains, or cruelly ill-treat any badger.
 
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The latter would make it an offence to mis-use a permitted or authorised method of killing or taking a badger, in a way which would be cruel to the badger concerned.

It is also an offence, except as permitted by the 1992 Act, to dig for a badger.

Further details of the provisions of the Protection of badgers act can be found in my previous response to the hon. Member's earlier question answered on 20 January 2004, Official Report, column 1187W.

On conviction, a person guilty of committing an offence under the 1992 Act is liable to a maximum summary fine of £5,000 fine and/or a six-month custodial sentence.

Cement and Lime Kilns

Mr. Evans: To ask the Secretary of State for Environment, Food and Rural Affairs what the (a) start and (b) end dates are for the consultation by the Environment Agency on proposals to revise the Substitute Fuels Protocol for use on cement and lime kilns. [178291]

Alun Michael: The Environment Agency's consultation on proposals to revise the Substitute Fuels Protocol started on 26 March 2004 and closes on 18 June 2004.

Mr. Evans: To ask the Secretary of State for Environment, Food and Rural Affairs if she will list those who have been sent the document in relation to the consultation to revise the Substitute Fuels Protocol for use on cement and lime kilns. [178292]

Alun Michael: The Environment Agency has made its consultation document on proposals to revise the Substitute Fuels Protocol available publicly on its website at www.environment-agency.gov.uk/yourenv/consultations/current consultations. In addition copies have been sent to the following organisations and individuals.

Government Departments/Organisations

Local Government Organisations


 
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Other Organisations


 
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Individuals


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