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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Hello I asked the above question in October, and to be honest they did not chase me so as of yet I have not been back in touch. However the Trading Standards officer has paid me a visit about labeling regs. He produced a document that states that states " once the decision is made to use human foodstuff containing products of animal origin, in the manufacture of pet food then this material becomes a category 3 animal by-product (ABP) AHVLA approval as a pet food plant is always required to handle such ABP" It seems they are doing everything to put us small people out of business, do you know if this is true or are there any loop holes that can be used please

I thought you would be able to see previous question!

Background is the AHVLA told me I was operating illegally and needed to get approval for making pet food. I am a one man band making dog treats and this could close me down with the extensive testing they seem to want. I do not use by products so thought this would not apply to me 

When I googled ABP 3 it says parts of animal passed fit for human consumption but which are not intended for consumption. I use meat from a butcher for catering! I am so confused wether  I need to do this or not. Please help

My name isXXXXX and I helped you back in October.

It may take a little while for me to refresh my memory pf the history of this matter so please bear with me.

Also could you be a little more specific as to what you'd like to know today?
Customer: replied 3 years ago.

I have been told to operate my business I need to get approval by the AHVLA but it is hugely expensive and I am very small. When the trading standards guy came to see me I said the same thing as before that I dont use by products which is when he produced the above summary of as soon as you make food into a pet food/treat it becomes a by product as in bp3 but when I checked on the AHVLA website for definition it said what I put on the above question. What I am really looking for is can I tell them to get lost, I am very small and i think it will shut me down to go through this registration process. There is less regulations for human food

Customer: replied 3 years ago.

This is part of your response last time which may help refresh your mind.

Thanks for the additional information and indeed the form, which I have seen in past cases.

Although it is right to say that a domestic kitchen can be subject to the regulations, as far as I can see from the information you've given you are not using by-products, which is the key in determining whether the rules apply to you.

Looking at the DEFRA "Guidance on Regulation (EC) 1069/2009 and accompanying implementing Regulation (EC) 142/2011, enforced in England by the Animal By-Products (Enforcement) (England) Regulations 2011", I fail to see why AHVLA think you need approval or registration.

This matter clearly needs clarification. I suggest that you contact the AVHLA and ask them to clarify on what basis they believe you need approval or registration as your activities do not fall within the regulations.

Rather than asking you to complete the form and pay a hefty fee, AHVLA should at the very least explain the grounds on which they believe your activitys need approval or registration.

Thanks for the all the additional information.

I really need to have a look at the regulstions again and get the law clear in my head.

Are you have to wait for me to do this - I may not be able to give you an answer until tomorrow morning.
Customer: replied 3 years ago.
Yes of course no problem at all, this is the trouble it's so confusing and you know that the AHVLA are looking at us small bakeries as cash cows. A lot of bakeries are now registering and reporting others like myself that are not but I just need clarification, good night!
No problem. I will come back to you as soon as I can. there's no need to respond to this message for the time being. Alex
Hi Lisa

I have had an opportunity to review the past Q&A's and remind myself of the law which I outlined in my previous answer.

It does appear from the information you have provided that you do not need authorisation under the regulations and it may well be the case that AVHLA and Trading Standards have misunderstood the kind of business that you're operating and the contents of your products. Equally it may be that your operation does need a detailed assessment in order to determine whether authorisation is required or not.

Your options are:

1. Apply for authorisation which is a lengthy and expensive process;

2. Do nothing in which case there is a risk of legal action which could be more expensive then applying for authorisation.

Previously I advised that this matter clearly needs clarification. I suggested that you contact the AVHLA and ask them to clarify on what basis they believe you need approval or registration as your activities do not fall within the regulations.

Rather than asking you to complete the form and pay a hefty fee, AHVLA should at the very least explain the grounds on which they believe your activity need approval or registration.

Happy to discuss further if needed.


Alice H and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Alex


Thanks for getting back to me, TS & AVHLA say I need to as I make pet food, if I use meat then it becomes a By Product, even tho I have stated my grade of meat they will not except it. I just thought their info is contradictory but there is no back up for me to prove this, I have searched online for info to back up their quote " even if you but meat from the supermarket once you put it in a dog treat it comes a By Product" The trouble is I cant find if that is a proper law or something they have put in print to their advantage!

I know once I contact them that will be it and I will have to go through the process or close, they are a law unto themselves....

Thanks for your help



OK, good luck.