The government has approved the list of violations that will result in animal by-products being recognised as waste
Pepeliaev Group advises that, on 3 November 2022, the Government published its Instruction No. 3256-r dated 31 October 2022[1] approving the list of violations of the rules for handling animal by-products (ABPs), which will result in such by-products being recognised as waste.
The Instruction has been adopted pursuant to articles 4(4) and 5(6) 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 Instruction will come into force on 1 March 2023 at the same time as the above law.
We remind you that, pursuant to Law No. 248-FZ, in the event of a breach of the requirements for handling ABPs[2], the latter are treated as waste.
The Instruction contains a list of six violations that will give rise to the implications described above:
1) storing non-treated / non-processed ABPs outside special areas (manure yards etc.);
2) processing / reprocessing ABPs outside special areas (manure yards, animal litter stores etc.);
3) using ABPs that do not comply with the regulations[3] on the content of toxic elements, pesticides, pathogens, disease-producing germs and parasites;
4) transferring ABPs that do not comply with the regulations on[4] toxic elements, pesticides, pathogens, disease-producing germs and parasites to persons that do not conduct any activities connected with the manufacturing of agricultural products;
5) storing, processing, or reprocessing ABPs together with domestic and household, production and mixed waste waters and/or failing to prevent pollutants from entering the water-bearing stratum;
6) transporting ABPs with the use of hydro mechanical equipment (hose-based or irrigation systems) that does (do) not prevent the pollution of human habitat, the environment and its components, including soils, water bodies and forests.
The Russian Federal Service for Veterinary and Phytosanitary Surveillance (known by the acronym ‘Rosselkhoznadzor’) may identify the above violations during veterinary control (surveillance) or land control (surveillance) activities on agricultural lands.
If they are identified, the date when ABPs are recognised as waste will be the date when the report on controlling (surveillance) activities issued by Rosselkhoznadzor comes into legal force and the owner of the ABPs that have been recognised as waste will have the obligation to calculate and make a payment for the negative impact on the environment in connection with the disposal of such waste.
What to think about and what to do
Companies operating in the sphere of animal farming and planning to treat 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 and conducting their business to avoid ABPs being recognised as waste.
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] http://publication.pravo.gov.ru/Document/View/0001202211030015.
[2] The requirements for handling ABPs were approved by the Russian Government’s Resolution No. 1940 “On approving the requirements for the handling of animal by-products” dated 31 October 2022.
[3] Approved by the Russian Government’s Resolution No. 1940 dated 31 October 2022 “On approving the requirements for the handling of animal by-products”.
[4] Approved by the Russian Government’s Resolution No. 1940 dated 31 October 2022 “On approving the requirements for the handling of animal by-products”.