The government has established requirements for handling animal by-products

Pepeliaev Group advises that on 3 November 2022, the Russian Government’s Resolution No. 1940 dated 31 October 2022 (the “Resolution”)[1] was published, which establishes requirements for the storage, processing, reprocessing, transportation, sale and use of by-products of animal farming in agricultural production.

The Resolution was adopted in furtherance of Federal Law No. 248-FZ dated 14 July 2022 “On by-products of animal husbandry and on amendments to individual legislative acts of the Russian Federation” (Law No. 248-FZ), which we mentioned in our previous alert.

The Resolution will come into force as of 1 March 2023 along with the above law and will be in effect for 6 years until 1 March 2029.

We remind you that Law No. 248-FZ will allow manufacturers of agricultural products to decide independently whether to classify manure, animal litter and sewage water as waste or products.

Law No. 248-FZ provides that the Russian Government must develop rules for the handling of animal by-products (ABPs). We will examine the most significant of these rules in more detail.

Firstly, ABPs must be stored, processed, reprocessed and transported separately from domestic and household, industrial and mixed waste waters, including sewage waters from residential areas.

For this purpose, a facility for keeping livestock must be equipped with a system where domestic and household, industrial and mixed waste waters, including sewage waters from residential areas are treated separately (if such waste waters enter the facility for keeping livestock).

Storage of ABPs

As a general rule, it is allowed to store raw and unprocessed ABPs only at specialised sites (manure stores, animal litter stores, etc.).

These sites must comply with specific requirements, for instance:

• be located separately from livestock housing facilities;

• have monolithic concrete or hermetically welded film surfaces or have a clay bed at least 20 centimetres thick at the base (to protect groundwater from contamination);

• be located lower than water intake facilities.

If farm animals are kept on pasture (the whole year round or seasonally), ABPs are not stored during the open grazing period.

In addition, it is allowed to place processed and recycled solid fractions of ABPs in piles on agricultural land (on top of the fertile soil layer) on a temporary basis (for no longer than 5 months). Such a pile must be located outside of water protection zones adjacent to water bodies and outside of sanitary protection zones adjacent to the sources of the drinking and domestic water supply.

Processing and reprocessing of ABPs

The processing and reprocessing of ABPs is also performed at specialised sites.

The Resolution sets out the following ways of processing and reprocessing ABPs:

• the accumulation and treatment of sewage or clarified fractions;

• composting of solid fractions;

• processing of solid fractions with chemical and/or biological preparations and additives.

Processed / reprocessed ABPs must conform to the regulations set out in the Resolution regarding the content of toxic elements, pesticides, pathogens and disease-producing germs and parasites. Such conformity must be confirmed by an accredited laboratory.

If farm animals are kept on pasture (all the year round or seasonally), ABPs are not processed/reprocessed during the open grazing period.

Transportation of ABPs

It is permitted to use for the transportation of ABPs only those means of transportation and equipment that rule out the pollution of the human habitat, the environment and its components.

In addition, roads and passageways used to transport ABPs within a livestock housing facility must not intersect with roads and passageways used to transport animals, animal products and feed.

Use and disposal of ABPs

The Resolution prohibits the use of untreated / unprocessed ABPs.

At the same time, it is permitted to add treated / processed ABPs to soil as fertilisers if the following conditions are met:

• this must not have a negative impact on land and soil (including impoverishment, degradation, contamination or destruction);

• when ABPs are added nutrients must not be flushed into groundwater and surface water;

• ABPs may be added to agricultural land at a distance of at least 300 metres from the boundaries of residential areas;

• ABPs are added to the soil of agricultural areas by overall dissemination across the specified areas.

To use and sell ABPs, their manufacturer must draw up and approve terms of reference that will define:

• the characteristics of ABPs;

• ways of treating/processing them;

• terms for using them;

• methods of control and

• safety requirements.

What to think about and what to do

Companies operating in the sphere of animal farming and planning to treat the substances formed in connection with the breeding of farm livestock as ABPs are recommended to study the Resolution and take its provisions into account when planning their business.

We recommend such companies to start developing terms of reference for treated / processed ABPs and to search for an accredited laboratory that will confirm that the ABPs comply with the requirements of the Resolution to start using / disposing of the ABPs as soon as possible after Law No. 248-FZ and Resolution comes into legal force.

Help from your adviser

The lawyers of Pepeliaev Group are ready to provide the necessary legal assistance to companies on any matters of handling animal by-products.

[1] The Russian Government’s Resolution No. 1940 dated 31 October 2022 “On approving the requirements for the handling of by-products of animal farming”.