Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999

Approval of establishments for the preparation or despatch of foreign origin export eligible goods, DBES goods and ECHS goods and foreign origin bovine by-products

12.—(1) A person shall not use any premises—

(a)for any steps of the preparation DBES goods or ECHS goods or any foreign origin export eligible goods which are intended for despatch from Northern Ireland to a member State or third country;

(b)for the production of foreign origin bovine by-products (whether or not those goods are intended for despatch to a member state or third country),

unless those premises are approved under paragraph (2) for the production of, as the case may be, DBES goods, ECHS goods, foreign origin export eligible goods or foreign origin export eligible by-products of that type.

(2) The Department shall for the purposes of paragraph (1) approve an establishment—

(a)as an export dedicated establishment; or

(b)as an establishment which is not an export dedicated establishment,

if, and only if, following an inspection of that establishment by a veterinary inspector, it is satisfied that in relation to the establishment, the relevant requirements of paragraph (3) are satisfied.

(3) The requirements referred to in paragraph (2) in relation to any establishment are that—

(a)the establishment is licensed under the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997;

(b)in the case of an export dedicated establishment that it is not used for the preparation of any goods derived from bovine animals other than export eligible goods;

(c)in the case of an establishment which is not an export dedicated establishment, that it is not used for the preparation (other than cold storage) of any DBES goods or ECHS goods destined for despatch from Northern Ireland to another member State or third country;

(d)in respect of an export dedicated establishment—

(i)that any bovine product not eligible for despatch abroad must have been removed from the establishment; and

(ii)all parts of the premises, and equipment on the premises, used for the production, processing, treatment, handling, storage, loading or unloading of any bovine product not eligible for despatch abroad have been thoroughly cleaned after the last such use and procedures must have been put in place to prevent entry onto the premises of bovine products which are not eligible for despatch abroad;

(e)in respect of an export dedicated establishment that the methods of operation for the preparation of export eligible goods comply with the requirements set out in column (1) in Schedule 2 and the Department has determined how those requirements are to apply to the establishment as set out opposite thereto in columns (2) and (3);

(f)in respect of an establishment which is not an export dedicated establishment, the methods of operation for the preparation of foreign origin export eligible goods comply with the requirements of column (1) of Schedule 3 and the Department has determined how those requirements are to apply to the establishment as set out opposite thereto in columns (2) and (3); and

(g)there is in operation a system which ensures that it is possible—

(i)to identify the origin of the raw material contained in export eligible goods or foreign origin bovine by-products despatched from that establishment and to trace the raw material through each stage of preparation of goods at the establishment; and

(ii)to record all amounts of incoming and outgoing materials and to cross-check consignments entering the establishment against those leaving it.

(4) An application for the approval of any establishment under paragraph (2) shall be made in such form and shall contain such particulars as the Department may require.

(5) Where, in relation to any establishment approved under paragraph (2)—

(a)any requirement of paragraph (3) in relation to the establishment has not been complied with;

(b)the operator has failed to give any notice that he was required to give or obtained any agreement he was required to have under regulation 13(14) or (15); or

(c)ECHS goods, DBES goods or foreign origin export eligible goods are no longer prepared there,

the Department may withdraw the approval and, where it does so, it shall give notice to the operator of the establishment of that withdrawal and the reason for it.