The Meat (Hygiene,Inspection and Examinations for Residues) (Charges) Regulations1995

PART IPRELIMINARY

Title and commencement

1.—(1) These Regulations may be cited as the Meat (Hygiene,Inspection and Examinations for Residues) (Charges) Regulations1995 and, subject to paragraph (2), shall come into force on1st April 1995.

(2) Regulation 13 shall come into force on 1st March 1995together with regulation 12 so far as may be necessary toenable the Minister to exercise the power conferred on him byregulation 13.

Interpretation

2.—(1) In these Regulations unless the context otherwiserequires—

• “carcase” means—

  (a)

  the whole body of a slaughtered animal or of a completelyeviscerated bird after bleeding and dressing; or

  (b)

  the whole body of a slaughtered uneviscerated or partlyeviscerated bird after bleeding;

• “cold store” means a licensed cold store;

• “the Community standard slaughterhouse charge” means,in the case of each animal or bird inspected, the chargespecified in column (3) in Part I of Schedule 1 opposite theanimal or bird specified in column (1);

• “cutting premises” means licensed cutting premises;

• “cutting up” means—

  (a)

  cutting meat into cuts smaller than half carcases cut intothree wholesale cuts;

  (b)

  cutting poultry meat carcases into cuts; or

  (c)

  boning meat or poultry meat;

• “domestic animals” means domestic animals of thefollowing species—

  (a)

  bovine animals (including buffalo);

  (b)

  swine;

  (c)

  solipeds;

  (d)

  sheep; and

  (e)

  goats;

• “domestic birds” means—

  (a)

  turkeys;

  (b)

  ducks;

  (c)

  geese;

  (d)

  guinea-fowl; and

  (e)

  domestic fowl;

• “the Fresh Meat Regulations” means the Regulationsmentioned in paragraph (a) of Schedule 2;

• “game” means—

  (a)

  farmed game, as defined in the Fresh Meat Regulations;

  (b)

  farmed game birds, as defined in the Poultry MeatRegulations; and

  (c)

  domestic rabbits;

• “general charge” means a charge under regulations 4(1)or 9;

• “health inspection and control exercise” means aninspection or supervisory function carried out by the Ministerunder any provision of the Hygiene Regulations except paragraph3 of Schedule 7 to the Poultry Meat Regulations (on-farminspections);

• “the Hygiene Regulations” means the Regulationsspecified in Schedule 2;

• “meat” means—

  (a)

  the flesh or other edible parts of domestic animals ordomestic birds, except flesh or other parts which have beensubjected to any preservation process other than chilling orfreezing; and

  (b)

  all parts of game which are suitable for human consumption;

• “the minimum charge” means, in the case of each animalor bird inspected, the charge specified in column (2) in Part Iof Schedule 1 opposite the animal or bird specified in column(1);

• “PIA salary costs” means costs in respect of salariesof persons (plant inspection assistants) who are authorisedunder regulation 11 of the Poultry Meat Regulations to act asassistants in health inspection and control exercises underthose Regulations at premises where they are employed and ofcontributions paid by employers in respect of such personsunder the Social Security Contributions and Benefits Act1992(1) or as superannuation contributions;

• “poultry” and “poultry meat” have the meaningsassigned to them by the Poultry Meat Regulations;

• “the Poultry Meat Regulations” means the Regulationsmentioned in paragraph (b) of Schedule 2;

• “published”, in relation to rates of conversion of theECU, means published annually in the C Series of the OfficialJournal of the European Communities normally on the firstworking day of the month of September;

• “residues examination charge” means the charge underregulation 4(2);

• “the Residues Regulations” means the Animals, Meat andMeat Products (Examination for Residues and Maximum ResidueLimits) Regulations 1991(1);

• “rewrapping centre” has the meaning assigned to it bythe Poultry Meat Regulations; and

• “slaughterhouse” means a licensed slaughterhouse.

(2) Any reference in these Regulations to a numbered regulationor Schedule shall be construed as a reference to the regulationor Schedule bearing that number in these Regulations.

ECU conversions

3.—(1) In these Regulations “ECU” means European CurrencyUnit.

(2) Any amount expressed in these Regulations as a number ofECUs shall be converted to sterling at the official rate.

(3) For 1995 the official rate is the average of the publishedrates of conversion for the preceding three years.

(4) For each subsequent year it is the rate published in thepreceding year.

PART IIDOMESTIC ANIMALS AND DOMESTIC BIRDS

Duty to charge for health inspection and control exercises

Duty of Minister to charge for health inspection andcontrol exercises in respect of domestic animals or domesticbirds

4.—(1) The Minister shall make a general charge for theperformance of his functions in relation to health inspectionand control exercises in respect of domestic animals ordomestic birds.

(2) In connection with such exercises the Minister shall alsomake a charge in respect of functions performed by him inrelation to examinations for the presence of residues for thepurposes of the Residues Regulations.

General charges

Slaughterhouses

5.—(1) Subject to paragraphs (2) to (4) below, the general chargefor a health inspection and control exercise in respect ofdomestic animals or domestic birds which is carried out at aslaughterhouse shall be an amount equal to the Communitystandard slaughtershouse charge less the residues examinationcharge.

(2) Where the aggregate of the cost of carrying out such ahealth inspection and control exercise at a slaughterhouse andthe residues examination charge is lower than the Communitystandard slaughterhouse charge, then—

(a)if the aggregate is higher than the minimum charge, thegeneral charge shall be an amount equal to the cost; and

(b)if the aggregate is not higher than the minimum charge, thegeneral charge shall be an amount equal to the minimum chargeless the residues examination charge.

(3) PIA salary costs are to included when calculating theaggregate.

(4) Where the aggregate of the cost of carrying out at aslaughterhouse a health inspection and control exercise inrespect of domestic animals or domestic birds and the residuesexamination charge is higher than the Community standardslaughterhouse charge, the general charge shall be—

(a)an amount not greater than the cost of carrying out theexercise; or

(b)an amount equal to the Community standard slaughterhousecharge less the residues examination charge;

and the Minister shall determine whether it is to becalculated for a particular slaughterhouse under sub-paragraph(a) or sub-paragraph (b) above.

Cutting premises

6.—(1) Subject to paragraph (2) below, the general charge for ahealth inspection and control exercise in respect of domesticanimals or domestic birds which is carried out at cuttingpremises shall be—

(a)ECU 3 per tonne on meat entering the premises, (“thestandard amount”); or

(b)an amount equal to the cost of carrying out the exercise.

(2) Where the cutting operations are carried out in theestablishment where the meat is obtained, the Minister maydetermine a charge calculated by reducing the standard amountby up to 55%.

(3) In this regulation and regulation 7 the cost shall bedetermined by reference to the numbers of hours worked, anyfraction of an hour being counted as an hour worked.

Rewrapping centres and cold stores

7.  The general charge for a health inspection and controlexercise in respect of domestic animals or domestic birds whichis carried out at a rewrapping centre or cold store shall be anamount equal to the cost of carrying out the exercise.

Residues examination charges

Residues examination charges

8.—(1) The residues examination charge for the carcase of ananimal specified in column (1) of Part II of Schedule 1 shallbe the charge specified opposite it in column (2).

(2) It shall be assumed, for the purpose of making thecalculations specified in regulation 5, that a residuesexamination charge is made at the rate of ECU 1.35 per tonne ofunboned poultry meat.

PART IIIGAME

Power of Minister to charge for health inspection andcontrol exercises in respect of game

9.—(1) The Minister may make a general charge for the performanceof his functions in relation to health inspection and controlexercises in respect of game.

(2) The charge shall not exceed the cost of the exercise.

PART IVGENERAL

Calculation of general charge

10.—(1) The general charge for carrying out a health inspection andcontrol exercise—

(a)must be reasonable; and

(b)must cover the items specified in paragraph (2) below.

(2) The items mentioned in paragraph (1) above are—

(a)salary costs other than PIA salary costs;

(b)administrative costs, which may include the expenditurerequired for in-service training; and

(c)the costs resulting from monitoring the rules laid down inDirective 93/119/EC(2) on the protection of animalsat the time of slaughter or killing.

(3) In calculating the cost of carrying out a health inspectionand control exercise at a slaughterhouse the Minister shallassume that the administrative costs are not lower than ECU0.725 per tonne of unboned meat.

Recovery of and liability for charges

11.—(1) Charges under these Regulations shall be payable to andrecoverable by the Minister.

(2) Charges under these Regulations shall be payable by theoperator or owner of the slaughterhouse, cutting premises,rewrapping centre or cold store in relation to which theyarise, but he shall have the option of passing on the cost ofany such charge which he has paid to any natural or legalperson on whose behalf the operations in relation to which hemade the payment were carried out.

Determination and variation of charges

12.—(1) Charges under these Regulations are to be fixed by theMinister in accordance with the provisions of theseRegulations.

(2) Before determining and, subject to paragraph (3) below,before varying charges under these Regulations the Ministershall give any person who appears to him to be affected noticein writing—

(a)of the charges that he proposes to fix; and

(b)of the date on which they are to commence.

(3) Notice is not required where a proposed variation is theresult of a change in the published rate for conversion of theECU.

(4) The date specified in a notice must be a date after the endof the period of 14 days commencing with the day on which thenotice is given.

(5) If not later than the end of the period of 14 dayscommencing with the day on which notice is given a person towhom it was given makes a written request to the Minister fordetails of how he calculated the proposed charges, the Ministershall supply him with those details.

(6) If not later than the end of the period of 14 dayscommencing with the day on which the Minister supplies a personwith such details in pursuance of the duty imposed on him byparagraph (5) above that person, or a person acting on hisbehalf, makes representations to the Minister concerning theproposed charges, the Minister shall have regard to therepresentations.

(7) The Minister shall give all persons to whom notice of thecharges was given under paragraph (2) above written notice ofthe charges which he fixes.

(8) When a charge is fixed, it shall be payable in respect ofany health inspection and control exercise carried out on orafter the date notified under paragraph (2) above, and thereference in that paragraph to the date on which charges are tocommence is to be construed accordingly.

(9) Pending the fixing of the amount of a charge in accordancewith this regulation the charge notified under paragraph (2)above shall be payable.

(10) When the charge is fixed, such payments shall be made by orto the Minister as will secure that the person liable to paythe charge does not pay more or less than the amount fixed.

Power of Minister to determine or take steps towardsdetermination of charges before 1st April 1995

13.  The Minister may determine charges under these Regulationsbefore the date specified in regulation 1(1) and mayaccordingly take any step for which regulation 12 providesbefore that date.

Information

14.  A person shall, on demand by the Minister,supply—

(a)such information as the Minister may reasonably require forthe purpose of calculating charges under these Regulations; and

(b)such evidence as the Minister may reasonably require toenable him to verify information supplied under paragraph (a)above.

Revocations

15.  The Regulations specified in Schedule 3 are hereby revokedto the extent specified in column 3 of that Schedule.