1. The supply of a worker to process or pack produce if the worker is supplied to—
(a)a catering establishment;
(b)a shop or other retail establishment;
(c)a wholesale market;
(d)a wholesale establishment;
(e)a distribution warehouse.
2. The supply of a worker to process or pack a product which includes a derivative of produce but where the product concerned is not a food product, pet food or a product which is primarily an agricultural, fish or shellfish product.
3. In this Part—
“catering establishment” means—
A restaurant, canteen, club, public house, school kitchen, prison kitchen, hospital kitchen or similar establishment (including a vehicle or a fixed or mobile stall) where—
Food is cooked or made ready for consumption without further preparation; and
Food is prepared for service to the consumer;
Other premises where—
Food is cooked or made ready for consumption without further preparation;
Food is prepared for service to the consumer; and
There is no change of ownership of the food concerned between preparation and delivery to the consumer;
“distribution warehouse” means premises where produce is received prior to onward distribution to a wholesale or retail establishment and—
There is no change in the ownership of the produce concerned between receipt and onward distribution;
The wholesale or retail establishment to which delivery is made is excluded under paragraph 1 of this Schedule; and
The premises are owned by the same person that owns the retail or wholesale establishment to which the produce is delivered;
“produce” means produce derived from agricultural work, shellfish, fish or products derived from shellfish or fish;
“wholesale establishment” means facility operated solely for the purpose of selling produce for the purposes of resale or to a catering establishment, and includes a cash and carry warehouse but excludes a food processing or packaging facility; and
“to process or pack” includes to carry out the daily cleaning and maintenance of machinery used for the processing or packing.