The Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, give effect to the provisions of CouncilDirective 71/118/EEC, and Council Directive 91/495/EEC (both defined in regulation 2(1)),and in part to the provisions of Council Directive 91/494/EEC on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat (OJ No. L268, 24.9.91, p. 35), as amended by Council Directive 93/121/EEC (OJ No. L340,31.12.93, p. 39). They revoke and replace the Regulations specified at items 1 to 3, 7 to 11, 14 and 15 in Schedule 23.

The powers conferred upon the Ministers by section 2(2) of the European Communities Act 1972 (1972 c. 68) are being exercised so far as is required to give effect to specified requirements as to the welfare of poultry and for the amendment and revocation of Regulations made in exercise of powers under that section.

The Regulations do not apply to premises where fresh meat is cut up, stored or re-wrapped for sale direct to the final consumer; premises with an annual production of less than 10,000 birds or rabbits and cold stores (subject to specified restrictions); fresh meat intended for exhibitions; special studies or analyses, or for sale to international organisations; and fresh meat not intended for human consumption (regulation 3).

The Regulations—

(a)prohibit the use of any premises as a slaughterhouse, cutting premises, cold storeor re-wrapping centre unless they are licensed and make provision for the issue, on application, of licences by the Minister (regulation 4);

(b)provide for the revocation of licences (regulation 5);

(c)provide for an Appeals Tribunal to hear appeals against refusals to licence, conditions imposed on the grant of licences, and revocations of licences (regulation 6);

(d)subject to a specified exemption, prohibit the use of a slaughterhouse for slaughtering a bird or rabbit not intended for sale for human consumption (regulation 7);

(e)require every food authority to appoint official veterinary surgeons and inspectors to supervise licensed premises (regulation 8);

(f)provide for the designation by the Minister of official veterinary surgeons, there vocation and suspension of such designations, and specify the powers of official veterinary surgeons (regulations 9 and 10);

(g)provide for the authorisation by the Minister of persons as plant inspection assistants and for the revocation and suspension of such authorisations (regulation 11);

(h)require food authorities to arrange for the carrying out of pre-slaughter health inspections and post-mortem health inspections of birds and rabbits and also make provision in relation to the application of the health mark, and prohibit the use of a mark resembling a health mark likely to deceive (regulation 12);

(i)prohibit the slaughter of a bird or rabbit for human consumption without giving the food authority at least 72 hours, or other shorter period as agreed with the food authority, advance notice except where such slaughter is at a fixed time and day in accordance with a regular practice (regulation 13);

(j)specify the conditions to be complied with in relation to the sale of fresh meat for human consumption and, subject to specified exceptions, prohibit the sale of such meat unless those conditions are complied with (regulation 14);

(k)specify the documents necessary when transporting fresh meat (regulation 15);

(l)enable an official veterinary surgeon or inspector to prohibit slaughter in specified circumstances and provide for authorisation of slaughter subject to conditions (regulation 16);

(m)require official veterinary surgeons to keep specified records and also require them to notify the presence of specified diseases, and require food authorities to keep specified records and supply copies to the Minister on request (regulation 17);

(n)specify the duties of occupiers and producers (regulations 18 and 19);

(o)create offences and prescribe penalties (regulation 20);

(p)enable food authorities to recover specified costs from producers (regulation 21);

(q)require food authorities to supply specified information to the Minister (regulation 22);

(r)provide defences in relation to exports (regulation 23);

(s)specify the enforcement authorities and make provision for the application of various provisions of the Food Safety Act 1990 (regulations 24 and 25);

(t)amend specified Regulations (regulation 26).

A Compliance Cost Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament and copies can be obtained from the Meat Hygiene Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.