Algae related regulation & legislation

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Regulation (EC) No 1069/2009 on animal by-products (ABP) and derived products is relevant to algae in ways that are not immediately obvious. It applies when algae are cultivated on substrates that include animal-origin materials, or when algae are fed to or used in the context of animal production in ways that implicate animal by-product streams. This chapter explains the ABP categorisation system, the circumstances in which algae production becomes subject to ABP law, and the permitted downstream uses.

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, OJ L 300, 14.11.2009, p. 1. EUR-Lex

“Animal by-products” (ABP) are defined as entire bodies or parts of animals, products of animal origin or other products obtained from animals that are not intended for human consumption. They include:

• Slaughterhouse waste, meat-and-bone meal, blood products, feathers, manure.
• Catering waste of animal origin, fish processing waste, dairy processing residues.
• Dead animals not slaughtered for human consumption.

The Regulation classifies ABPs into three categories (Category 1, 2 and 3) in descending order of risk, and defines which downstream uses are permitted for each category:

• Category 1 (highest risk, TSE risk, illegal substances): can generally only be incinerated or used for certain industrial purposes; not usable in feed or fertilisers.
• Category 2 (manure, digestive tract content, materials from Category 1 and 2 animals below the Category 1 threshold): can be used in specific applications (biogas, composting) under conditions.
• Category 3 (former foodstuffs of animal origin, processed animal protein from permitted species, fish material from human-food-grade processing): widest range of permitted uses, including as feed after specific processing.

If algae are cultivated using growth media or nutrient sources that include or are derived from ABPs, the resulting algal biomass may be classified as a “derived product” of ABPs and therefore subject to the ABP Regulation. Practically relevant scenarios include:

• Algae grown on fish processing wastewater — fish blood, offal water, and processing residues are Category 3 ABPs. If used as nutrient sources for algae, the algal biomass may be classified as derived from Category 3 ABPs.
• Algae grown on slaughterhouse effluent or wastewater — similar Category 2 or 3 classification depending on the origin.
• Algae grown on manure or digestate containing significant manure content — manure is a Category 2 ABP. This is directly relevant to algae systems integrated with livestock operations.
• Algae grown on aquaculture fish wastewater (IMTA systems) — the water column in an IMTA system co-inhabited by fish or shellfish contains animal-origin material; the ABP status of algae grown in this environment is a question that must be assessed.

The key question is whether the algal biomass itself is classified as a “derived product” of the ABP. The Regulation does not provide a bright-line answer for algae; this must be assessed with the national competent authority responsible for ABP regulation (typically veterinary or food safety authorities). National guidance exists in some member states but not in all.

Where algae are used as feed for animals whose products enter the human food chain (food-producing animals), the feed rules under ABP law interact with the Feed Hygiene Regulation and the Catalogue of Feed Materials. If the algae feed material is itself classified as an ABP derived product, its use in feed is governed by ABP feed use rules rather than (or in addition to) the general feed hygiene rules.

Algae cultivated in bioremediation systems treating farm effluent, manure slurry, or livestock processing wastewater are particularly likely to trigger ABP classification. Producers operating such systems should treat ABP compliance as a primary regulatory concern from the outset.

The ABP Regulation specifies seven “Processing Methods” (described in Commission Regulation (EU) No 142/2011, the implementing regulation) that determine how ABP-derived materials must be treated before they may be used in various applications:

• Processing Method 1 (pressure sterilisation): 133°C, 3 bar absolute, 20 minutes minimum — the standard for high-risk materials.
• Methods 2–7: alternative processing routes for specific lower-risk materials and applications.

For algal biomass derived from ABP-origin substrates, the processing method required will depend on the category of ABP involved and the intended use of the algal biomass. In practice, many uses that would be commercially attractive (e.g. food use of algae grown on fish wastewater) are difficult to achieve under current ABP rules because the processing requirements effectively destroy the commercially valuable properties of the algal biomass.

Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 as regards ABP health rules, OJ L 54, 26.2.2011, p. 1. (Note: large consolidated implementing regulation; search EUR-Lex for current consolidated version.)

Regulation (EU) 2021/1372 amending Regulation (EC) No 999/2001 partially re-authorises the use of processed animal proteins (PAPs) in feed for non-ruminant farmed animals (poultry, pigs, aquaculture). EUR-Lex This is relevant to algae in the context of IMTA and waste-stream cultivation: if algal biomass produced in an IMTA or waste-stream system is itself classified as a PAP or used alongside PAPs in feed, the TSE feed restrictions apply.

• Do not assume algae grown on animal-derived substrates are outside ABP regulation — in many cases they are within scope, and non-compliance with ABP law (particularly if the biomass enters feed or fertiliser chains) can result in regulatory enforcement, product recalls and significant liability.
• Engage the national ABP competent authority early for any production system using animal-origin nutrient sources; obtain a written determination on whether and how the ABP Regulation applies to your specific process.
• Sustainable circular economy systems — algae grown on manure or fish waste for fertiliser or soil improver production — are commercially attractive but require careful mapping of the ABP → WFD → FPR regulatory pathway before commercial development.
• For IMTA systems, obtain explicit guidance on the ABP status of algae grown in co-cultivation with fish or shellfish, as this varies between member states.
• Keep ABP records if within scope — the Regulation requires specific record-keeping and registration/approval of ABP-using establishments.

See also: Feed | Fertiliser Product Regulation | Waste, Wastewater, Nutrient Recovery | Aquaculture and Wild Harvesting

Last reviewed: June 2026.