The Wild Game Meat (Hygiene and Inspection) Regulations 1995

PART IPRELIMINARY

Title and commencement

1.  These Regulations may be cited as the Wild Game Meat (Hygiene and Inspection) Regulations 1995 and shall come into force on 20th September 1995.

Interpretation

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

“the Act” means the Food Safety Act 1990;

“carcase”means the eviscerated, and in the case of birds plucked, body of any wild game, with or without the head and lower legs;

“cold store” means a cold store licensed under the Hygiene Regulations;

“collection centre” means any building, premises or place where killed wild game is kept prior to being transported to a wild game processing facility;

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

“cutting up” means—

“disinfect” means to apply hygienically satisfactory chemical or physical agents or processes with the intention of eliminating micro-organisms;

“EEA Agreement” means the Agreement on the European Economic Area(1) signed at Oporto on 2nd 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;

“fresh meat” has the meanings given in the Hygiene Regulations;

“frozen”, in relation to wild game meat, means meat which has been reduced to a temperature of not more than -12°C;

“health mark” means a mark of a kind set out in Schedule 7 and applied in accordance with regulation 10 and that Schedule;

“hunter” means any person who kills, or organises the killing of, wild game for human consumption;

“the Hygiene Regulations” means—

“inspector” means a person who—

“large wild game” means wild ungulates;

“licensed”, in relation to any wild game processing facility, means licensed by the Minister under regulation 3, and “ licence” has a corresponding meaning;

“occupier” means any person carrying on the business of a wild game processing facility or, in so far as the context requires, a cold store or a re-wrapping centre or his duly authorised representative and, in relation to an application in respect of any wild game processing facility for a licence under regulation 3, includes the owner of those premises, the person proposing to occupy those premises and the duly authorised representative of any such person;

“offal” means wild game meat other than that of the carcase, whether or not naturally connected to the carcase;

“OVS” means an official veterinary surgeon, being a veterinary surgeon designated by the Minister under regulation 6;

“packaging”, in relation to wild game meat, means placing wrapped wild game meat into a receptacle as well as the receptacle itself, and “package” shall be construed accordingly;

“PIA” means a plant inspection assistant, being a person who is authorised in accordance with regulation 9;

“potable water” has the same meaning as in the Food Safety (General Food Hygiene) Regulations 1995(5);

“premises” means any wild game processing facility;

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

“re-wrapping centre” means any re-wrapping centre licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;

“small wild game” means wild mammals of the Leporidae family and wild birds intended for human consumption;

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

“veterinary officer” means a veterinary officer of the Minister of Agriculture, Fisheries and Food;

“viscera” means offal from the thoracic, abdominal and pelvic cavities, including the trachea and the oesophagus;

“wild game” means—

“wild game meat” means all parts of wild game which are suitable for human consumption and which have not undergone any preserving process other than chilling, freezing, vacuum wrapping or wrapping in a controlled atmosphere;

“wild game processing facility” means any establishment used for the purpose of dressing or cutting up wild game, the meat derived from which is intended for sale for human consumption; and

“wrapping”, in relation to the protection of wild game meat, means placing in material which comes into direct contact with such meat 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.

(3) Nothing in these Regulations shall be construed as derogating from the provisions of the Animal Health Act 1981(6) or of any order made thereunder.

PART IILICENSING OF WILD GAME PROCESSING FACILITIES

Issue of licences

3.—(1) No person shall use any wild game processing facility for the purpose of dressing or cutting up wild game, the meat derived from which is intended for consignment, or sale for consignment, to a relevant EEA State for human consumption, unless that wild game processing facility is currently licensed under these Regulations.

(2) Without prejudice to paragraph (6) below, the Minister, on application made to him under this regulation, shall license the wild game processing facility to which the application relates if he is satisfied that—

(a)where only wild game meat is handled, it complies with the requirements of Schedule 1 or the occupier of the premises has agreed a work plan with the Minister to carry out and complete works at the premises necessary to comply with those requirements on or before 31 December 1995, the method of operation in those premises complies with the requirements of Schedules 2 to 6 and there is no significant risk either that facilities for inspection under Schedule 4 will be denied or that any wild game meat condemned under those Schedules will be used for human consumption; or

(b)where fresh meat and wild game meat are handled, it is an establishment licensed under the Hygiene Regulations and—

(i)the method of operation in the establishment, in relation to wild game meat, complies, in so far as is necessary for the type of operations carried out in the establishment, with the requirements of Schedules 2 to 6 and there is no significant risk either that the facilities for inspection under Schedule 4 will be denied or that any wild game meat condemned under those Schedules will be used for human consumption; and

(ii)wild game meat will be handled separately or at different times from fresh meat and measures will be taken to identify clearly the different types of meat;

and shall refuse to grant a licence if he is not so satisfied.

(3) Each application for a licence under this regulation shall be made in writing to the Minister by the occupier of the premises to which the application relates.

(4) The Minister shall notify the applicant in writing of his decision on the application and of his reasons for any refusal to grant a licence.

(5) Any licence granted in respect of any premises under this regulation shall be subject to the condition that any significant alteration to the premises or the equipment or method of operation in those premises shall comply with the provisions of these Regulations.

(6) In granting a licence in respect of any premises under this regulation the Minister may make that licence subject to conditions—

(a)in respect of the type or species of wild game which may be processed there; and

(b)as to the operations which may be carried out there.

(7) Where the Minister has refused to grant a licence under this regulation or granted a licence subject to any condition imposed pursuant to paragraph (6) above, the notification under paragraph (4) above shall state the right of appeal to a Meat Hygiene Appeals Tribunal, for which provision is made in regulation 5, and the time within which an appeal shall be lodged.

Revocation of licences

4.—(1) The Minister may revoke a licence granted by him under regulation 3 in respect of any premises and, where appropriate, require the withdrawal of the equipment for application of the health mark if, after an inspection of, or an inquiry into, the operation or structure of the premises and a report by an OVS or veterinary officer, he is satisfied that—

(a)the conditions of hygiene at those premises are inadequate and the occupier has failed to take the necessary measures to make good the shortcomings within such period as the Minister may specify;

(b)any requirement of these Regulations as to hygiene has not been complied with and inadequate or no action has been taken to ensure that a similar breach does not occur in future;

(c)any agreement made by the occupier with the Minister to carry out and complete any works referred to in regulation 3(2)(a) has not been complied with;

(d)any condition attached to the licence in accordance with regulation 3(5) or (6) has not been complied with; or

(e)the premises no longer fall within these Regulations because the business carried on at the premises has ceased to include the consignment or sale for consignment to a relevant EEA State of wild game meat for human consumption.

(2) The Minister shall forthwith notify the occupier in writing of his decision under paragraph (1) above to revoke any licence granted under these Regulations, of the date on which any revocation is to take effect and of the reasons for such revocation.

(3) Any notification under paragraph (2) above must state the right of appeal to a Meat Hygiene Appeals Tribunal, for which provision is made in regulation 5, and the time within which an appeal must be lodged.

(4) In paragraph (2) above “occupier”, in relation to a proposed revocation by virtue of paragraph (1) (e) above where the premises are vacant, means the last person known to the Minister to have carried on at the premises the business for which the licence was granted or his successor in respect of that business.

Appeals

5.—(1) Where the Minister has refused to license any premises or granted a licence with conditions under regulation 3, or revoked the licence of any premises under regulation 4, the occupier of those premises may, within 28 days of the date of the refusal, grant or revocation, appeal to a Meat Hygiene Appeals Tribunal.

(2) The provisions of Schedule 12 shall apply in respect of the constitution, appointment of members, remuneration of members and staffing of a Meat Hygiene Appeals Tribunal.

(3) Where on an appeal under paragraph (1) above a Meat Hygiene Appeals Tribunal determines that the grant of a licence should not have been refused, that unreasonable conditions have been attached to a licence or that a licence should not have been revoked, the Minister shall give effect to the determination of the Tribunal.

(4) Without prejudice to sections 9 to 13 of the Act, where the Minister has refused to license any premises under regulation 3 or revoked the licence of any premises under regulation 4, a person who, immediately before such refusal or revocation, had been lawfully using those premises for the dressing or cutting up of wild game may continue to use them for that purpose, subject to any reasonable conditions imposed by the Minister for the protection of public health, until the time for appealing has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.

PART IIISUPERVISION AND CONTROL OF PREMISES

Supervision of premises

6.—(1) The Minister may designate veterinary surgeons as OVSs and shall, in relation to any licensed premises, appoint one or more OVSs, in each case to be an authorised officer of the Minister authorised to act in relation to the examination and seizure of wild game meat, to provide the health certification of wild game meat and to be responsible for the following functions in relation to those premises—

(a)the post mortem health inspection of wild game in accordance with Schedule 4;

(b)the approval as fit, or the condemnation as unfit, for human consumption of wild game meat in accordance with Schedule 5;

(c)where appropriate, the examination of the meat of wild boar for trichinellosis;

(d)the health marking of wild game meat in accordance with Schedule 7;

(e)securing the observance of the requirements of Schedules 1, 2, 3, 6, 8 and 9; and

(f)the carrying out of any necessary training, and the supervision, of PIAs.

(2) The Minister shall, in relation to any licensed premises, appoint such number of other persons to act as inspectors in relation to the functions specified in paragraphs (1) (a) to (f) above as appears to him to be necessary for the proper performance of those functions.

(3) An inspector appointed under paragraph (2) above shall act under the supervision and responsibility of an OVS.

(4) In considering whether it is necessary to appoint any inspector or inspectors in relation to any licensed premises processing small wild game, the Minister shall have regard to the availability in those premises of any PIAs.

(5) A veterinary surgeon designated as an OVS under regulation 8 of the Hygiene Regulations shall, in relation to any cold store or re-wrapping centre to which he is appointed under those Regulations and which handles wild game meat, be responsible for ensuring that the requirements of Schedules 8 and 9 to these Regulations are observed and that the health mark is applied in accordance with Schedule 7 to these Regulations in those establishments.

(6) An inspector appointed under regulation 8 of the Hygiene Regulations may, in relation to any cold store or re-wrapping centre to which he is appointed under those Regulations and which handles wild game meat, act as an inspector in relation to securing the observance of Schedules 8 and 9 to these Regulations, and the application of the health mark in accordance with Schedule 7 to these Regulations, in those establishments.

Revocation and suspension of designations of OVSs

7.—(1) Subject to paragraphs (2) and (3) below, the Minister may, at any time, revoke or suspend the designation of any person as an OVS if it appears to the Minister that such person is unfit to perform one or more of the functions of an OVS under these Regulations.

(2) Where the Minister revokes or suspends a designation under paragraph (1) above, he shall, as soon as possible, give to the person whose designation has been revoked or suspended a notice in writing of the reasons for the revocation or suspension and shall afford him an opportunity to make representations in writing to the Minister with regard to the revocation or suspension or to be heard by a person appointed for the purpose by the Minister.

(3) A notice given under paragraph (2) above shall inform the person to whom it is given of his rights to make representations in writing and to be heard, of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations or an application for an opportunity to be heard may be made; and, in the event of the designated person making any representations (whether orally or in writing) to the Minister under this paragraph, the Minister shall reconsider whether that person is unfit to perform one or more of the functions of an OVS under these Regulations and shall reconsider, as soon as practicable, his decision to revoke or suspend the designation under paragraph (1) above in the light of those representations.

Powers of OVSs and veterinary officers

8.—(1) Where it appears to an OVS that in respect of any licensed premises to which he is appointed—

(a)any of the requirements of these Regulations as to hygiene is being breached;

(b)adequate health inspection in accordance with these Regulations is being hampered; or

(c)the requirements of regulation 15(3) have not been complied with,

he may, by notice in writing given to the occupier of the premises—

(i)prohibit the use of any equipment or any part of the premises specified in the notice; or

(ii)require the rate of operation to be reduced to such an extent as is specified in the notice,

and the occupier shall comply with the notice.

(2) A person who is aggrieved by a decision of an OVS pursuant to paragraph (1) above may appeal to a magistrates' court or, in Scotland, to the sheriff in accordance with section 37(3) to (5) of the Act.

(3) A notice given under paragraph (1) above shall specify the breach of the Regulations that has occurred, the action needed in order to remedy it and the details specified in section 37(6) of the Act, and—

(a)such a notice shall be withdrawn by a further notice in writing given by an OVS, or by an inspector acting under the authority of an OVS, to the occupier of the premises as soon as an OVS or such inspector is satisfied that such action has been taken; and

(b)so long as such a notice is in effect, the licence in respect of the premises shall be treated as being altered by the addition of the requirements specified in the notice and the other provisions of the licence shall be subject to those requirements.

(4) An OVS, in relation to any premises to which he is appointed, or a veterinary officer, may subject any killed wild game or wild game meat in any licensed premises to such examinations (including the taking and analysis of samples) as he may reasonably consider to be necessary for the protection of public health; and an OVS, a veterinary officer or an inspector may, by notice in writing given to the occupier of any such premises, state that he requires to examine on the premises any killed wild game or wild game meat specified in the notice, and once such notice is received the occupier shall detain any such game or meat until such time as he is informed in writing by the OVS, veterinary officer or inspector (as the case may be) that the result of any such examination has been obtained.

(5) A veterinary officer may at any time give to an OVS such reasonable directions as he may consider necessary to ensure that the duties and functions of such a person under these Regulations are being complied with, and the OVS shall comply with those directions.

Authorisation of PIAs

9.—(1) The Minister may, in relation to any licensed premises processing small wild game, authorise persons employed at those premises to act as PIAs to perform the function specified in Schedule 4 in relation to small wild game.

(2) No person shall act as a PIA unless that person is authorised under paragraph (1) above and supervised by an OVS.

(3) Subject to paragraphs (4) and (5) below, the Minister may at any time revoke or suspend the authorisation of any person as a PIA if it appears to him, on the basis of a report by a veterinary officer or an OVS, that—

(a)such person is unfit to perform the functions specified in Schedule 4 or has failed to perform such functions in accordance with these Regulations; or

(b)such person ceases to be employed at the premises in relation to which he was authorised to act.

(4) Where the Minister revokes or suspends an authorisation granted under paragraph (1) above, he shall, as soon as possible, give to the person whose authorisation has been revoked or suspended notice in writing of the reasons for such revocation or suspension and shall afford him an opportunity to make representations in writing to the Minister with regard to the revocation or suspension or to be heard by a person appointed for the purpose by the Minister.

(5) A notice given under paragraph (4) above shall inform the person to whom it is given of his rights to make representations in writing and to be heard and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations or an application for an opportunity to be heard may be made; and, in the event of that person making any representations (whether orally or in writing) to the Minister under this paragraph, the Minister shall reconsider whether that person is unfit to act or has failed to perform his functions as a PIA under these Regulations and shall reconsider, as soon as practicable, his decision to revoke or suspend the authorisation under paragraph (3) above in the light of those representations.

Inspection and health marking

10.—(1) The Minister shall arrange for post-mortem health inspections to be carried out at all licensed premises in accordance with Schedule 4.

(2) Where wild game meat has been passed as fit for human consumption in accordance with Part I of Schedule 5 following post-mortem health inspection and complies with the requirements of these Regulations, the health mark shall be applied to it in accordance with the requirements of Schedule 7, and no other meat shall be so marked.

(3) Meat derived from unskinned large wild game shall not bear the health mark.

(4) No person shall remove, or cause or permit to be removed, from any licensed premises any carcase, part of a carcase or offal intended for consignment or sale for consignment to a relevant EEA State for human consumption unless it has been inspected in accordance with these Regulations.

(5) The health mark shall be applied by persons acting under the responsibility of an OVS, and no other person shall apply the health mark or possess or use the equipment for applying the health mark.

(6) The equipment for applying the health mark and any labels, wrapping or seals on which the health mark is printed shall be kept under the responsibility of the OVS.

(7) No person shall use any mark so resembling a health mark, or in such a way, as to be likely to suggest that the product has been produced in accordance with these Regulations.

Notice of operation of licensed premises

11.—(1) Subject to paragraph (3) below, no person shall operate any licensed premises to produce wild game meat intended for consignment or sale for consignment to a relevant EEA State for human consumption unless he has notified the Minister, in accordance with paragraph (2) below, of the day on which, times between which and place at which they are to be operated.

(2) The notification referred to in paragraph (1) above shall be given to the Minister not less than 72 hours before the commencement of such operation except where the Minister has agreed with the person required to give such notice that he will accept notice of a shorter duration, in which case such person shall give to the Minister notice of such agreed duration.

(3) Where it is the regular practice in any licensed premises to operate at fixed times on fixed days and written notice of the practice has been given to and accepted by the Minister, this shall, as respects any operation in accordance with such practice, be regarded as adequate compliance with the requirements in paragraphs (1) and (2) above.

PART IVCONDITIONS FOR THE MARKETING OF WILD GAME MEAT

General conditions

12.—(1) Subject, where appropriate, to paragraphs (3) and (4) below, no person shall consign, or sell for consignment, to a relevant EEA State wild game meat for human consumption unless—

(a)it has been obtained from licensed premises which are supervised in accordance with regulation 6 or from a cold store or re-wrapping centre;

(b)it comes from wild game which—

(i)has been killed by hunting;

(ii)does not come from a region subject to restrictions pursuant to Council Directives 72/461/EEC(7), 91/494/EEC(8) and 91/495/EEC(9);

(iii)immediately after killing has been prepared in accordance with paragraph 1 of Schedule 3 and transported to licensed premises under satisfactory hygiene conditions within a reasonable time and at such temperatures that the inspections required by Schedule 4 can be carried out; and

(iv)has been handled under hygienic conditions in accordance with Schedules 3 and 6;

(c)it comes from the body of a wild game animal which has been subjected to a post-mortem health inspection in accordance with Schedule 4 and approved as fit for human consumption in accordance with Part I of Schedule 5;

(d)in the case of small wild game, a representative sample of such killed game from the same source or batch (as described in paragraph 2(a) of Schedule 3) has undergone an inspection in accordance with Schedule 4;

(e)it has been given a health mark in accordance with Schedule 7 and, where appropriate, Schedule 13;

(f)it is accompanied during transportation from licensed premises, from a cold store or from a re-wrapping centre, by a commercial document or by a veterinary health certificate in accordance with regulation 13 below;

(g)it has been stored after the post-mortem health inspection in licensed premises under hygienic conditions in accordance with paragraph 2(g) of Schedule 3 or in a cold store or re-wrapping centre under conditions equivalent to those set out in that provision;

(h)if it is wrapped or packaged, it has been wrapped or packaged under hygienic conditions in accordance with Schedule 8; and

(i)where it is being or has been transported to licensed premises or to a cold store or re-wrapping centre, it is being or has been transported under hygienic conditions in accordance with Schedule 9.

(2) Subject where appropriate to paragraphs (3) and (4) below, no person shall consign, or sell for consignment, to a relevant EEA State for human consumption—

(a)wild game meat which has been condemned as unfit for human consumption in accordance with Part II of Schedule 5;

(b)wild game meat which has been treated with ionising or ultra-violet radiation;

(c)wild game meat which has been treated with colourings other than those used for health marking;

(d)wild game meat obtained from animals which have ingested substances which are likely to make the meat dangerous or harmful to human health;

(e)offal of large wild game declared fit for human consumption unless it has undergone appropriate treatment in accordance with Council Directive 77/99/EEC(10), as amended and updated by Council Directive 92/5/EEC(11);

(f)unskinned or unplucked and uneviscerated small wild game which has been frozen or which has not been handled and stored separately from fresh meat and skinned or plucked wild game meat; or

(g)unskinned large wild game unless—

(i)it meets the requirements of paragraph (1)(b)(i) and (ii) above;

(ii)it has undergone a visual inspection by an inspector;

(iii)such viscera as originally accompanied the game to the premises have undergone post-mortem inspection in a licensed premises;

(iv)it is accompanied by the veterinary health certificate set out in Schedule 10;

(v)it has been cooled to a temperature of between—

(aa)-1°C and +7°C and kept at that temperature during transportation to a wild game processing facility, which transportation must have taken place within 7 days of the post-mortem inspection referred to in (iii) above; or

(bb)-1°C and +1°C and kept at that temperature during transportation to a wild game processing facility, which transportation must have taken place within 15 days of the post-mortem inspection referred to in (iii) above.

(3) Paragraphs (1) and (2) above shall not apply to killed wild game or parts thereof carried by travellers in their private vehicle and intended for their personal consumption, or wild game meat sent as small packages to private persons, provided that in either case only 10 small wild game or a single large wild game animal is involved and that the meat does not come from a country or part of a country from which such trade is prohibited.

(4) Paragraph (1) above shall not apply to wild game meat imported from a relevant EEA State or third countries, save that wild game meat so imported shall be handled in accordance with these Regulations.

Transport documentation

13.—(1) The occupier of any licensed premises, cold store or re-wrapping centre shall ensure that wild game meat intended for consignment to a relevant EEA State shall be accompanied during transportation from the premises by—

(a)in the case of wild game meat which—

(i)is obtained from licensed premises, a cold store or a re-wrapping centre situated in a region or area subject to a prohibition or restriction under the Animal Health Act 1981; or

(ii)will be transported through a third country in a sealed vehicle,

the veterinary health certificate set out in Schedule 11; and

(b)in any other case, by an invoice or delivery note containing the following information:

(i)the name and address of the consignor and the consignee;

(ii)the approval number of the premises, cold store or re-wrapping centre from which the wild game meat is to be transported;

(iii)the date of issue of such delivery note or invoice and a number enabling it to be identified;

(iv)a description of the product transported;

(v)the total quantity despatched;

(vi)in the case of frozen wild game meat, the month and year of freezing; and

(vii)the information provided for in paragraph 1 of Schedule 7.

(2) The occupier of any licensed premises shall ensure that unskinned large wild game carcases intended for consignment to a relevant EEA State are accompanied during transportation from the premises by—

(a)in the case of an unskinned large wild game carcase which—

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

(ii)will be transported through a third country in a sealed vehicle,

the veterinary health certificate set out in Schedule 11; and

(b)in any other case, by the veterinary health certificate set out in Schedule 10.

PART VADMINISTRATION, PENALTIES AND ENFORCEMENT

Records of inspections

14.—(1) The Minister shall keep in respect of individual licensed premises, where appropriate, a record of the results of post-mortem health inspections for the purpose of compliance with the provisions of Council Directive 92/45/EEC(12).

(2) The Minister shall retain any record of such an inspection until the end of the period of 1 year commencing with the date of the inspection to which it relates.

Duties of occupier

15.—(1) The occupier of any licensed premises shall—

(a)keep, and retain for a period of at least one year from its date, a record adequate to show the source and quantity of killed wild game and wild game meat received into, and despatched from, the premises during each week;

(b)take all practicable steps to secure compliance by any of his employees or by any person invited on to the premises with the provisions of these Regulations;

(c)ensure that any OVS, inspector or veterinary officer is provided with adequate facilities so as to enable him to carry out his duties under these Regulations and that he is given such reasonable assistance and access to records as he may from time to time require for that purpose;

(d)take all necessary measures to ensure that, at all stages of production, the requirements of these Regulations are complied with and carry out checks (including any microbiological checks that the Minister may require) on the general hygiene of conditions of production in his establishment to ensure that all equipment, machinery, instruments, fittings, facilities and wild game meat, comply with the requirements of these Regulations;

(e)take all necessary measures to ensure—

(i)that a record in permanent form, which shall be made available to the OVS or inspector upon request, is kept in respect of the matters specified in sub-paragraph (d) above for a period of at least one year from the date of such record;

(ii)the proper application of the health mark, as provided for in regulation 10(2), including any labels, wrapping or seals on which the health mark is printed;

(iii)that the OVS or inspector is notified immediately when any information at the occupier’s disposal reveals a serious health risk; and

(iv)in the event of a serious health risk, the withdrawal of wild game meat which has been obtained under or stored in similar conditions (as the case may be) and is likely to present the same risk; and

(f)ensure that wild game meat is transported in accordance with Schedule 9.

(2) The occupier of any licensed premises shall arrange or establish, in consultation with the OVS, a staff training programme to train staff to comply with hygiene requirements appropriate to the operations that they perform in those premises.

(3) Where the occupier of any licensed premises has informed the Minister that a specified number of PIAs are, or will be made, available at those premises, he shall ensure that such PIAs—

(a)are present at the times notified to him by the OVS appointed in respect of those premises; and

(b)carry out the functions specified in Schedule 4 as directed by such OVS.

Offences and penalties

16.—(1) If any person contravenes—

(a)regulation 8(1); or

(b)regulation 11(1),

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) if any person contravenes—

(a)any other provision of these Regulations; or

(b)a condition imposed by the Minister under regulation 5(4),

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.

(3) Neither paragraph (1) nor paragraph (2) above applies to anything done or omitted by the Minister.

(4) No prosecution for an offence under any of the provisions mentioned in paragraphs (1) and (2) above shall be begun 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

17.  The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of sections 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 the Regulations—

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

• section 3 (presumptions that food intended 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 shall include a Scottish partnership and a reference to a director shall include a partner in a Scottish partnership; and

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

Enforcement

18.  These Regulations shall be enforced and executed by the Minister of Agriculture, Fisheries and Food in relation to England and the Secretary of State in relation to Scotland and Wales.

Wild game meat from Northern Ireland, the Isle of Man and the Channel Islands

19.—(1) No person shall consign or sell for consignment to a relevant EEA State for human consumption wild game meat produced in a place to which this regulation applies unless it was produced at premises in that place in accordance with legislative provisions having effect in that place and corresponding to regulation 3 and paragraph 1 of Schedule 7.

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

Amendments

20.—(1) At the end of sub-paragraph (b) (v) of the definition of “food business” in regulation 2(1) of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966(13) there shall be added—

“(vi)to which the Wild Game Meat (Hygiene and Inspection) Regulations 1995 apply.”.

(2) At the end of regulation 3(2)(b) of the Food Hygiene (General) Regulations 1970(14) there shall be added—

“(v)the Wild Game Meat (Hygiene and Inspection) Regulations 1995.”.

(3) At the end of regulation 3(2) of the Food Premises (Registration) Regulations 1991(15) there shall be added—

“(g)as a wild game processing facility in respect of which a licence is required under regulation 3 of the Wild Game Meat (Hygiene and Inspection) Regulations 1995.”.

(4) In the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992(16)—

(a)for regulation 1(2) there shall be substituted the following—

“(2) Any reference in these Regulations to a Chairman or Secretary shall be a reference to the Chairman or Secretary appointed for the purposes of:—

(a)regulation 6 of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995;

(b)regulation 6 of, and Schedule 15 to, the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995; or

(c)regulation 5 of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995.”; and

(b)in regulation 2, after the words “or the revocation of the licence of any premises” there shall be substituted the following—

“under—

(a)regulation 4 or 5, as the case may be, of the Fresh Meat (Hygiene and Inspection) Regulations 1995;

(b)regulation 4 or 5, as the case may be, of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995; or

(c)regulation 3 or 4, as the case may be, of the Wild Game Meat (Hygiene and Inspection) Regulations 1995.”.

(5) In the Meat (Hygiene, Inspection and Examination for Residues) (Charges) Regulations 1995(17)—

(a)in regulation 2(1), in the definition of “PIA salary costs”, after “Poultry Meat Regulations” there shall be inserted—

“or regulation 9 of the Wild Game Meat (Hygiene and Inspection) Regulations 1995”;

(b)at the end of regulation 2(1) after the definition of “slaughterhouse” there shall be added—

““wild game” means—

(c)in regulation 9, after “game” there shall be inserted “and wild game”; and

(d)after paragraph (b) of Schedule 2 there shall be added—

“(c)the Wild Game Meat (Hygiene and Inspection) Regulations 1995.”.

(6) In the Fresh Meat (Hygiene and Inspection) Regulations 1995—

(a)in regulation 2(1), for the definitions of “wild game”, “wild game meat” and “large wild game”, there shall be substituted the following—

““wild game”, “wild game meat”, “large wild game” and “small wild game” have the meanings given to them by regulation 2(1) of the Wild Game Meat (Hygiene and Inspection) Regulations 1995;”;

(b)in regulation 22, after the words “section 3 (presumption that food is intended for sale for human consumption);” there shall be inserted the following paragraph—

“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;”; and

(c)in paragraph 2 of Schedule 14, after sub-paragraph (d) there shall be added—

“(e)wild game meat is kept at a temperature which must not at any time exceed -12°C if frozen or, if chilled, +4°C in the case of small wild game and +7°C in the case of large wild game.”.

(7) In the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995—

(a)in regulation 2(1), for the definition of “small wild game” there shall be substituted the following—

““small wild game” and “wild game meat” have the meanings given to them by regulation 2(1) of the Wild Game Meat (Hygiene and Inspection) Regulations 1995;”;

(b)in regulation 20(2)(a), for “or 19(3)” there shall be substituted, “19(3) or 25”;

(c)in regulation 24, after the words “section 3 (presumption that food is intended for sale for human consumption);” there shall be inserted the following paragraph—

“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;”; and

(d)in Schedule 12, after paragraph 3 there shall be added—

“4.  Wild game meat derived from small wild game shall be chilled or frozen and kept at a temperature which must not at any time exceed +4°C if chilled or -12°C if frozen.”.

(8) In regulation 3 of the Food Safety (General Food Hygiene) Regulations 1995(18), after paragraph 2(k) there shall be added—

“(1) the Wild Game Meat (Hygiene and Inspection) Regulations 1995.”.