On March 1, 2023, Law No. 248-FZ on livestock by-products came into force. Previously, the waste products of farm animals were considered as waste products of production and consumption. Therefore, agricultural producers had to obtain a license for waste management, draw up waste passports, develop draft standards for the generation and limits for their disposal, and pay a fee for the negative impact on the environment (hereinafter referred to as NEI). The new law recognizes manure, manure, bedding, etc., not as production and consumption waste, but as by-products of animal husbandry, to which the above requirements will not apply.
Legal entities, individual entrepreneurs, unincorporated peasant (farm) enterprises engaged in the production of agricultural products can classify waste as by-products of animal husbandry as follows:
- independently classify waste generated during the maintenance of farm animals, including manure, litter, bedding, runoff, and used in agricultural production as by-products of animal husbandry.
- notify the Federal Service for Veterinary and Phytosanitary Supervision (Rosselkhoznadzor) about the decision to classify waste as by-products of animal husbandry. The following information should also be provided to Rosselkhoznadzor:
• volumes of animal by-products,
• date of formation of animal by-products,
• about the planned timing of the use of animal by-products in the production or transfer of animal by-products to other persons and the results of use or transfer.
- keep records of animal by-products, the procedure is also not established at present.
If the Rosselkhoznadzor revealed violations of the law during the inspection, from the date of the inspection act, the owner of the waste must comply with all environmental requirements for waste (passports, determining the composition of waste, keeping records of waste, setting the standard for waste generation, etc.)
Also, the owner of animal by-products recognized as waste is obliged to calculate and pay a fee for the negative impact on the environment.
The right of ownership to by-products of animal husbandry arises from legal entities, individual entrepreneurs, peasant (farm) enterprises without forming a legal entity that keep farm animals.
In other cases, the right of ownership of animal by-products arises in accordance with civil law.
The circulation of animal by-products is carried out in accordance with the requirements for the circulation of animal by-products, established by veterinary norms and rules, sanitary and epidemiological rules and hygienic standards, and requirements in the field of environmental protection.
Storage of animal by-products before their processing, processing is allowed only at specialized sites.
The transfer of livestock by-products is allowed only to legal entities, individual entrepreneurs, peasant (farm) enterprises without forming a legal entity engaged in the production of agricultural products.
In general, it can be said that the new Law has not entirely made life easier for the owners of livestock by-products. Rosselkhoznadzor can easily reclassify livestock by-products as waste if a violation is detected, which will entail fines and liability. In any case, companies are advised to analyze the composition of the substances generated during production and consider the possibility of classifying them as animal by-products in order to exclude the application of waste management regulations to them.
Nadmitov, Ivanov & Partners Law Firm is ready to provide legal support to companies on all issues of handling livestock by-products and production waste.
See Federal Law No. 248-FZ, dated July 14, 2022, “On Livestock By-Products and on Amendments to Certain Legislative Acts of the Russian Federation.”
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