B6: authorisation for the application to land of Category 3 shellfish shells with residual soft tissue and flesh attached
Dated: 5 June 2014 Amended: 08 February 2024
Authorisation B6
The Scottish Ministers act as the Competent Authority for Scotland in respect of the following EU Regulations:
- Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002
- Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council
These Regulations are enforced in Scotland by the Animal By-Products (Enforcement) (Scotland) Regulations 2013 (SSI 2013/307).
Authorisation for the application to land of Category 3 shellfish shells with soft tissue and flesh attached
In accordance with Article 14(h) (disposal and use of Category 3 material) of Regulation (EC) No 1069/2009 the Scottish Ministers determine that shells from shellfish with soft tissue and flesh attached, which do not show any signs of disease communicable to humans or animals (in this document referred to as “shellfish shells”), may be applied to land as organic fertilisers/soil improvers without additional processing or treatment (“processing” means using the methods set down in Annex IV, Chapter III of Commission Regulation (EU) No 142/2011; “treatment” means using other methods set out in Commission Regulation (EU) No 142/2011, such as composting and anaerobic digestion, as defined in Annex V of that Regulation), provided the following conditions are complied with to prevent risks arising to public and animal health:
- the shellfish shells originate from cooked and uncooked shellfish that originate from fishery products processing plants approved under Article 4 of Regulation (EC) No 853/2004 and meeting the requirements of Annex 1 of Commission Regulation (EC) No 2073/2005. Shells can only be used if the shellfish complied with all food safety requirements.
- the shellfish shells should have as much soft tissue and flesh removed as is reasonably practicable to leave no more than 40% volatile solids*, in accordance with standard good practice in shellfish preparation.
- the shellfish shells should be crushed and not reduced to a powdered material.
- when it is necessary to store the shellfish shells prior to spreading on land, they must be stored in a way that prevents access by animals and birds, including all farmed animals.
- the shellfish shell material is injected or otherwise incorporated with soil in such a way that animals and birds cannot access it e.g. by spreading on land and ploughing in without undue delay.
- the waiting period of at least 21 days before grazing or feeding with cut herbage (and at least 60 days in the case of pigs) referred to in Article 11(1)(c) of Regulation (EC) No 1069/2009 and regulation 6 of the Animal By-Products (Enforcement) (Scotland) Regulations 2013 is observed following application of shellfish shell material.
If these conditions are met the cooked and uncooked shellfish shells can be applied to land without further “processing”. However, there will still be environmental conditions for land spreading waste that must be followed: users of shellfish shells are advised to contact SEPA.
This authorisation applies to Scotland.
*“volatile solids” is a laboratory measure of the soft tissue content of a shellfish shell. The shell with its residual flesh is dried at 105°C until it reaches a constant weight. The dried residue is then ignited and the loss of the volatile solids is determined by the reduction in weight.