The Minced Meat and Meat Preparations (Hygiene) Regulations 1995

PART IPRELIMINARY

Title and commencement

1.  These Regulations may be cited as the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 and shall come into force on 1st January 1996.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires,—

“the Act” means the Food Safety Act 1990;

“approval authority” means—

“approved” in relation to any premises, means approved under these Regulations and “approval” has a corresponding meaning;

“cold store” means any premises which store minced meat or meat preparations under refrigerated conditions;

“cold treatment” means treatment by refrigeration;

“combined premises” means—

“contravention” in relation to any provision of these Regulations, includes a failure to comply with that provision, and “contravenes” has a corresponding meaning;

“EEA Agreement” means the Agreement on the European Economic Area(1) signed at Oporto on 2 May 1992, as adjusted by the Protocol(2) signed at Brussels on 17 March 1993;

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

“enforcement authority” is to be construed in accordance with regulation 12;

“farmed game” means wild land mammals which are reared and slaughtered in captivity, excluding—

“farmed game bird meat” means the meat of birds, including ratites, but excluding poultry, which are not generally considered domestic but which are bred, reared and slaughtered in captivity;

“farmed game meat” means meat obtained from farmed game;

“final consumer” means a person who buys minced meat or meat preparations—

“food authority” includes a port health authority;

“the Fresh Meat Regulations” means the Fresh Meat (Hygiene and Inspection) Regulations 1995(3);

“health mark” means a mark of a kind described in Schedule 7 and applied in accordance with regulation 7(1)(e) or 8(1)(h), as the case may be, and that Schedule;

“the Hygiene Regulations” means the Fresh Meat Regulations, the Poultry Meat Regulations or the Wild Game Meat Regulations;

“independent premises” means any premises which are not licensed premises or premises approved under the Meat Products Regulations;

“industrial premises” means any establishment which produces minced meat or, even if no minced meat is produced, whose total production of meat products and meat preparations exceeds 7.5 tonnes per week;

“licensed” means licensed under the Hygiene Regulations;

“meat” means parts of animals, excluding solipeds, or birds which are suitable for human consumption and have been—

“meat preparation” means meat to which foodstuffs, seasonings or additives have been added or which has undergone a treatment insufficient to modify its internal cellular structure and so alter its characteristics;

“meat product” means any product, intended for human consumption, prepared from or with meat which has undergone treatment such that the cut surface shows that the product no longer has the characteristics of fresh meat, but does not include—

“the Meat Products Regulations” means the Meat Products (Hygiene) Regulations 1994(5);

“mechanically recovered meat” means meat which—

“minced meat” means meat which has been minced into fragments or passed through a spiral screw mincer and includes such meat to which not more than 1 per cent salt has been added;

“non-industrial premises” means any establishment whose total production of meat products and meat preparations does not exceed 7.5 tonnes per week and which does not produce minced meat;

“occupier” means a person carrying on the business of producing or storing minced meat or meat preparations;

“packaging”, in relation to minced meat and meat preparations, means the placing of one or more of those products, wrapped or unwrapped, in a container, as well as the container itself;

“the Poultry Meat Regulations” means the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(6);

“premises” means any industrial or non-industrial premises;

“pre-prepared minced meat” means minced meat destined for use in a meat preparation but which has been stored, other than incidentally to a continuous manufacturing process, before such use;

“production” means manufacturing, preparing, processing, packaging, wrapping or rewrapping and “produce” has a corresponding meaning;

“registered premises” means premises which are not approved premises but which are licensed, approved under the Meat Products Regulations or registered under the Food Premises (Registration) Regulations 1991(7);

“relevant EEA State” means an EEA State other than Iceland;

“seasonings” means salt, mustard, spices and aromatic spice extracts, or aromatic herbs and aromatic extracts thereof;

“third country” means a country which is not a relevant EEA State;

“The Wild Game Meat Regulations” means the Wild Game Meat (Hygiene and Inspection) Regulations 1995(8);

“wrapping”, in relation to minced meat or meat preparations, means the placing of such products in material which comes into direct contact with them, as well as the material itself.

(2) Except in so far as the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

Exemptions

3.  These Regulations shall not apply to—

(a)premises producing or storing minced meat and meat preparations exclusively for direct sale in the United Kingdom to the final consumer from those premises or from a sales point adjacent to those premises;

(b)the production of mechanically recovered meat; or

(c)the production or sale of minced meat intended to be used as a raw material for the production of sausage meat destined for inclusion in a meat product.

PART IIAPPROVAL OF PREMISES

Approval of premises

4.—(1) No person shall use any premises for the production of minced meat or meat preparations intended for consignment or sale for consignment to a relevant EEA State for human consumption unless those premises are approved under this regulation and comply with the appropriate requirements of the Schedules to these Regulations.

(2) Subject to paragraph (3) below, on an application made to it under this regulation the approval authority shall approve the premises to which the application relates—

(a)where the premises are licensed premises or premises approved under the Meat Products Regulations—

(i)for the production of minced meat if it is satisfied that the requirements of Schedule 1 are met; and

(ii)for the production of meat preparations if it is satisfied that the requirements of Schedule 2 are met; or

(b)where the premises are independent premises, for the production of minced meat and meat preparations if it is satisfied that the requirements of Schedule 3 are met,

and shall refuse so to approve those premises if it is not so satisfied.

(3) In the case of non-industrial premises the following derogations from the structural requirements for premises shall apply—

(a)taps near work stations may be hand-operable;

(b)an adequate number of lockers will suffice in place of changing rooms; and

(c)the manufacture and wrapping of meat preparations may take place in the same room, provided that—

(i)those operations constitute a single production cycle complying with the requirements of these Regulations and guaranteeing the safety of the raw materials and finished products; and

(ii)the design and dimensions of the room so allow.

(4) Each application for approval under this regulation shall be made in writing by the occupier of, or a person proposing to occupy, the premises to which the application relates.

(5) Any premises approved under this regulation shall be allocated an approval number.

(6) The approval authority shall notify the applicant in writing of its decision on an application under this regulation and of the reasons for any refusal to grant approval.

Revocation of approvals

5.—(1) Subject to paragraph (3) below and to regulation 6(3), the approval authority may revoke an approval granted by it in respect of any premises if it is satisfied that—

(a)the premises no longer comply with these Regulations;

(b)adequate health inspection of the premises is being hampered;

(c)the business carried on at the premises in respect of which the approval was granted is no longer being carried on there; or

(d)the premises have become exempt under regulation 3.

(2) The approval authority shall give the occupier of the premises notice of revocation in writing, stating—

(a)the date on which the revocation is to take effect; and

(b)the reasons for the revocation.

(3) An approval may not be revoked under paragraph 1(a) or (b) above unless—

(a)there is in force in relation to the premises—

(i)a prohibition order under section 11 of the Act; or

(ii)an emergency prohibition order under section 12 thereof; and

(b)under the order minced meat or meat preparations may no longer be produced at the premises.

(4) In paragraph (2) above “occupier”, in relation to a proposed revocation by virtue of paragraph (1)(c) above, where the premises are vacant, means the last person known to the approval authority to have carried on at the premises the business of producing minced meat or meat preparations or his successor in respect of that business.

Right of appeal

6.—(1) Any person who is aggrieved by the refusal or revocation of an approval may appeal to a magistrates' court or, in Scotland, to the sheriff.

(2) Section 37(3) to (6) of the Act shall have effect in relation to an appeal under this regulation as it has effect in relation to an appeal under that section but with the omission of—

(a)the references to appeals for which provision is made by regulations under section 37(2); and

(b)subsection (5)(b) and the word “or” immediately preceding it.

(3) A revocation shall not take effect until the time for appealing against it has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.

PART IIICONDITIONS FOR THE MARKETING OF MINCED MEAT AND MEAT PREPARATIONS

General conditions for the marketing of minced meat

7.—(1) No person shall consign or sell for consignment to a relevant EEA State for human consumption any minced meat produced in Great Britain unless it is derived from meat of bovine animals, pigs, sheep or goats, and—

(a)it has been produced in approved premises;

(b)it has been prepared from striated muscle (other than heart muscle), including the adjoining fatty tissues, which, in the case of pigmeat, has been examined for trichinae (trichinella spiralis) or has undergone the appropriate treatment as described in Council Directive 77/96/EEC(9) on the examination for trichinae upon importation from third countries of fresh meat derived from domestic swine;

(c)it has been produced in accordance with the appropriate requirements of Schedule 4;

(d)it has been checked in accordance with the relevant provisions of paragraph 1 of Schedule 6;

(e)it has been labelled and given a health mark in accordance with the requirements of Schedule 7;

(f)it has been wrapped and packaged in accordance with the requirements of Schedule 8 and stored in a cold store in accordance with the requirements of Schedule 9;

(g)it is transported in accordance with the requirements of Schedule 10;

(h)it is accompanied during transportation by a commercial document and, where appropriate, by a health certificate in accordance with regulation 9;

(i)where the meat from which it is derived has been frozen or deep frozen, such meat was de-boned prior to freezing or deep-freezing and, after freezing or deep-freezing, was stored for not more than 18 months in the case of beef or veal, 12 months in the case of sheep meat or goat meat and 6 months in the case of pig meat, except that the boning of sheep meat and pig meat may have taken place immediately before mincing provided that this operation was carried out under hygienic conditions;

(j)where the meat from which it is derived has been chilled, such meat has been minced within 6 days of slaughter or, in the case of boned, vacuum-packed beef or veal, within 15 days thereof;

(k)it has undergone cold treatment within one hour of portioning and wrapping, except where processes were used requiring the lowering of the internal temperature of the meat during production;

(l)where it is packaged and presented chilled, it is obtained from meat as described in sub-paragraph (j) above and cooled to an internal temperature below 2°C as quickly as reasonably possible, except that a limited quantity of frozen meat as described in sub-paragraph (i) above may be added to the meat before mincing to accelerate the refrigeration process, provided that this addition is mentioned on the label and the cooling time referred to above does not exceed one hour;

(m)where it is packaged and presented deep frozen, it is obtained from meat as described in sub-paragraph (i) or (j) above and complies with the conditions specified in paragraph 1 of Schedule 1 to the Quick-frozen Foodstuffs Regulations 1990(10);

(n)it has not been treated by ionising or ultraviolet radiation; and

(o)where any of the designations specified in the table in paragraph 1 of Schedule 11 are used as described in that table on the packaging, the requirements as to total fat content, and collagen content of meat protein, appearing opposite that designation in that table are met.

(2) No person shall sell for human consumption in Great Britain minced meat produced in the United Kingdom unless—

(a)it has been produced in approved premises or in registered premises which comply with the requirements of Schedule 1 or Schedule 3, as appropriate;

(b)it has been produced in accordance with the requirements of paragraphs 1, 2 and 6 of Schedule 4;

(c)it has been checked in accordance with the relevant provisions of paragraph 1 of Schedule 6;

(d)it has been wrapped and packaged in accordance with the requirements of Schedule 8 and stored in a cold store in accordance with the requirements of paragraphs 4 and 5 of Schedule 9; and

(e)where any of the first three designations specified in the table in paragraph 1 of Schedule 11 are used as described in that table on the packaging, the requirements as to total fat content, and collagen content of meat protein, appearing opposite that designation in that table are met.

(3) Paragraph (1) above shall not apply to minced meat originating in a relevant EEA State or a third country, save that such minced meat shall be handled and transported in accordance with these Regulations.

(4) No person shall affix the health mark to any minced meat which does not satisfy the requirements specifed in paragraph (1) above.

General conditions for the marketing of meat preparations

8.—(1) No person shall consign or sell for consignment to a relevant EEA State for human consumption any meat preparation unless—

(a)it has been produced in approved premises;

(b)where it is derived from pig meat, such meat has been examined for trichinae (trichinella spiralis) or has undergone the appropriate treatment as described in Council Directive 77/96/EEC;

(c)where the meat from which it is derived has been deep frozen, such meat has been used within, in the case of beef and veal, 18 months of slaughter, in the case of sheep meat, goat meat, poultry meat, rabbit meat and farmed game meat, 12 months thereof and, in the case of other meat, six months thereof;

(d)where it is packaged and presented chilled, it has been cooled as quickly as reasonably possible to an internal temperature below—

(i)2°C where it contains minced meat;

(ii)7°C where it contains fresh meat;

(iii)4°C where it contains poultry meat; and

(iv)3°C where it contains offal;

(e)where it is packaged and presented deep frozen, it complies with the conditions specified in paragraph 1 of Schedule 1 to the Quick-frozen Foodstuffs Regulations 1990;

(f)it has been produced in accordance with the provisions of Schedule 5;

(g)it has been checked in accordance with the relevant provisions of paragraph 1 of Schedule 6;

(h)it has been labelled and given a health mark in accordance with the provisions of Schedule 7;

(i)it has been wrapped and packaged in accordance with the provisions of Schedule 8 and stored in a cold store in accordance with the provisions of Schedule 9;

(j)it has been transported in accordance with the provisions of Schedule 10; and

(k)it has not been treated by ionising radiation, save where this has taken place for medical purposes.

(2) No person shall consign or sell for consignment to a relevant EEA State for human comsumption meat preparations containing pre-prepared minced meat of bovine animals, pigs, sheep or goats unless such minced meat satisfied the requirements of regulation 7(1), except that this provision shall not apply to fresh sausage and sausage meat.

(3) No person shall sell for human consumption in Great Britain any meat preparation produced in the United Kingdom unless—

(a)it has been produced in approved premises or in registered premises which comply with the requirements of Schedule 2 or Schedule 3, as appropriate;

(b)it has been produced in accordance with the requirements of paragraphs 1 and 2 (ii) of Schedule 5;

(c)it has been checked in accordance with the relevant provisions of paragraph 1 of Schedule 6;

(d)it has been stored in a cold store in accordance with the requirements of paragraphs 4 and 5 of Schedule 9, or, where it is unpackaged, in a licensed cold store; and

(e)it has not been treated by ionising radiation save where this has taken place for medical purposes.

(4) Paragraphs (1) and (2) above shall not apply to meat preparations orginating in a relevant EEA State or a third country, save that such meat preparations shall be handled and transported in accordance with these Regulations.

(5) No person shall affix the health mark to any meat preparation which does not satisfy the requirements specified in paragraph (1) above.

Transport documentation

9.—(1) The occupier of approved premises shall ensure that minced meat and any meat preparation intended for consigment to a relevant EEA State is accompanied during the transportation from the premises—

(a)by an invoice or delivery note containing the following information—

(i)the approval number of the premises in which the minced meat or meat preparation was produced and, in the case of frozen minced meat, the month and year of freezing; and

(ii)in the case of minced meat destined for Finland or Sweden, a statement that the minced meat is free from salmonella bacteria; and

(b)in the case of minced meat or any meat preparations—

(i)which is obtained from any premises situated in a region or area subject to a prohibition or restriction under the Animal Health Act 1981(11); or

(ii)which will be transported through a third country; by a health certificate corresponding in form and content to that specified in Schedule 12 or Schedule 14, as the case may be, such certificate to be kept by the consignee for presentation upon request to the enforcement authority.

(2) In the case of minced meat or any meat preparation which has been consigned to a relevant EEA State and is intended for export to a third country, where the competent authority in the relevant EEA State so requests, veterinary certification shall be provided at the expense of the occupier of the approved premises in which the minced meat was produced.

(3) Any person who receives minced meat or meat preparations direct from any approved premises shall keep the invoice or delivery note so that it can be produced at the request of the enforcement authority.

PART IVADMINISTRATION, PENALTIES AND ENFORCEMENT

Information to be provided by food authorities

10.  Every food authority shall provide the Minister with such information relating to the execution of its duties under these Regulations as the Minister may from time to time require.

Duties of occupier

11.—(1) The occupier of any premises shall take all necessary measures to ensure that these Regulations are complied with at all stages of production of minced meat or meat preparations and shall carry out his own checks to ensure—

(a)that critical points in the premises relative to production are identified and acceptable to the enforcement authority;

(b)that methods for monitoring and controlling such critical points are established and acceptable to the enforcement authority;

(c)that, when samples are taken for the purpose of checking compliance with the hygiene standards required by these Regulations, they are analysed or examined as appropriate in a laboratory acceptable to the enforcement authority;

(d)that as far as is reasonable and practicable a record in permanent form is kept, to be made available to the enforcement authority upon request, in respect of the matters specified in sub-paragraphs (a) to (c) above for a period of at least two years, or, in the case of chilled minced meat or meat preparations, for a period of six months after the expiry of the “use-by” date;

(e)that health marking is controlled and carried out properly;

(f)that the enforcement authority is notified immediately when a laboratory examination of samples or any other information at the occupier’s disposal reveals a health risk; and

(g)in the event of an imminent health risk, that any minced meat or meat preparation obtained under technologically similar conditions and likely to present a similar degree of risk is withdrawn from the market, and that any minced meat or meat preparation so withdrawn is held under the supervision and control of the enforcement authority until it is destroyed, used for purposes other than human consumption, or, with the agreement of the enforcement authority, reprocessed in a manner appropriate to ensure it is safe for human consumption.

(2) The occupier of any premises shall further ensure—

(a)that each worker is given instruction and training with regard to hygiene matters appropriate to the tasks undertaken by that worker;

(b)that the packaging of the products bears a clear and legible indication of the temperature at which the products are to be transported and stored and—

(i)in respect of chilled products, the use-by date; or

(ii)in respect of deep frozen products, the minimum durability date; and

(c)that microbiological tests are conducted at the frequency, and assessed using the criteria for interpretation, laid down in Schedule 11 or 13, as appropriate.

Supervision and enforcement

12.—(1) In relation to combined premises the Minister shall be responsible for the supervision under these Regulations of those premises and for enforcing and executing these Regulations in relation to those premises.

(2) For the purposes of paragraph (1) above, any veterinary surgeon designated as an Official Veterinary Surgeon in accordance with the Hygiene Regulations in relation to any combined premises shall have overall responsibility under these Regulations for the performance in those premises of the functions described in paragraph (1), and the Minister shall appoint any such person to be an authorised officer of the Minister for the purpose of these Regulations.

(3) For the purposes of paragraph (1) above, any person appointed by the Minister as an inspector under the Hygiene Regulations in any combined premises may act under the supervision and responsibility of an Official Veterinary Surgeon in relation to the performance in those premises of the functions described in paragraph (1).

(4) In relation to any premises other than combined premises, responsibility for the supervision under these Regulations of those premises and for enforcing and executing these Regulations in relation to those premises shall lie with the food authority in whose area the premises are situated.

(5) For the purposes of paragraph (4) above any person qualified to be an inspector in accordance with regulation 8(3) of the Fresh Meat Regulations or regulation 8(2) of and Schedule 16 to the Poultry Meat Regulations may act under the supervision and responsibility of an authorised officer of a food authority in relation to the functions described in paragraph (1).

(6) Accordingly, in these Regulations “enforcement authority”, in relation to any premises, means the authority that, by virtue of paragraph (1) or (4) above, has the responsibilities described in paragraph (1) above.

(7) Premises shall be inspected and monitored in accordance with Schedule 6.

Offences and penalties

13.—(1) If—

(a)a person (other than an approval authority or enforcement authority) contravenes any provision of these Regulations; or

(b)the occupier of any premises fails to take all reasonable steps to secure the compliance by any person employed by him or any person admitted to those premises with any provision of these Regulations,

he shall be guilty of an offence and shall be liable—

(i)on summary conviction, to a fine not exceeding the statutory maximum; or

(ii)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

(2) No prosecution for such an offence shall commence after the expiry of—

(a)three years from the commission of the offence; or

(b)one year from its discovery by the prosecutor,

whichever is the earlier.

Application of various sections of the Act

14.  The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to these Regulations—

• section 2 (extended meaning of “sale” etc.);

• section 3 (presumptions that food intended for sale for human consumption);

• section 9 (inspection and seizure of suspected food) with the modification that it shall apply to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority;

• section 20 (offences due to fault of another person);

• section 21 (defence of due diligence);

• section 33 (obstruction etc. of officers);

• section 36 (offences by bodies corporate) subject to the modification that a reference to a body corporate includes a Scottish partnership and a reference to a director includes a reference to a partner in a Scottish partnership; and

• section 44 (protection of officers acting in good faith).

PART VMISCELLANEOUS AND SUPPLEMENTARY

Minced meat and meat preparations from Northern Ireland, the Isle of Man and the Channel Islands

15.—(1) No person shall sell for human consumption any minced meat or meat preparation produced or stored in a place to which this regulation applies and intended for consignment to a relevant EEA State unless any such production or storage in that place was in accordance with legislation having effect in that place and corresponding to the provisions of these Regulations concerning the consignment or sale for consignment of such products to a relevant EEA State for human consumption.

(2) No person shall sell for human consumption in Great Britain any minced meat or meat preparation which has been produced or stored in a place to which this regulation applies unless such production or storage in that place was in accordance with legislation having effect in that place and corresponding to the provisions of these Regulations concerning the sale of such products for human consumption in Great Britain.

(3) The places to which this regulation applies are Northern Ireland, the Isle of Man and the Channel Islands.

Amendments

16.—(1) After regulation 3(2)(g) of the Food Premises (Registration) Regulations 1991 there shall be added—

“(h)as premises, approved under regulation 4 of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995, producing minced meat or meat preparations for export to another State (other than Iceland) which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993.”.

(2) In Part III of Schedule 2 to the Meat Products (Hygiene) Regulations 1994—

(a)paragraph 1(3) shall be replaced by—

“(3) Meat obtained from premises granted derogations under Directive 91/498/EEC, or from the low throughout premises referred to in regulation 2 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 or the Fresh Meat (Hygiene and Inspection) Regulations 1995—

(a)may be held in approved meat products premises provided that it is stored separately from meat bearing an EC health mark; and

(b)may be used in the same place or at the same time as meat bearing an EC health mark, provided that, in the case of meat fom derogated premises, an authorisation in accordance with regulation 18 has been obtained, but meat products obtained from such meat shall not bear the British EC health mark.”; and

(b)in paragraph 3(a)—

(i)“Directive 88/657/EEC” shall be replaced by “the Minced Meat and Meat Preparations (Hygiene) Regulations 1995”, and

(ii)the words “that Directive” shall be replaced in both places where they occur by “those Regulations”.

(3) In regulation 3 of the Food Safety (General Food Hygiene) Regulations 1995(12), after paragraph (2)(1) there shall be inserted—

“(m)the Minced Meat and Meat Preparations (Hygiene) Regulations 1995.”.

(4) In regulation 20(4) of the Poultry Meat Regulations, “(1) or” shall be deleted.

(5) In the Wild Game Meat Regulations—

(a)in regulation 16(4) “paragraphs (1) and” shall be replaced by “paragraph”; and

(b)in regulation 19(1), after “regulation 3” there shall be inserted “, regulation 12(1)(e)”.

(6) After regulation 3(2)(k) of the Food Safety (Temperature Control) Regulations 1995(13) there shall be added—

“(l)the Minced Meat and Meat Preparations (Hygiene) Regulations 1995.”.