The Fresh Meat (Hygiene and Inspection) Regulations 1995

PART IPRELIMINARY

Title and commencement

1.—(1) These Regulations may be cited as the Fresh Meat (Hygiene and Inspection) Regulations 1995 and shall come into force on 1st April 1995.

Interpretation

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

“the Act” means the Food Safety Act 1990;

“animals” means the following food sources namely—

“carcase” means—

“cold store” means any premises, not forming part of a slaughterhouse, cutting premises, a farmed game processing facility or a farmed game handling facility, used for the storage under temperature controlled conditions of fresh meat intended for sale for human consumption;

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

“country of destination” means the relevant EEA State to which fresh meat is sent from another relevant EEA State;

“cutting premises” means premises used for the purpose of cutting up fresh meat intended for sale for human consumption;

“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 17th March 1993;

“EEA State” means a State which is a Contracting Party to the EEA Agreement but, until the EEA Agreement comes into force in relation to Leichtenstein, does not include the state of Liechtenstein;

“examine in detail” means to examine by making multiple deep incisions into lymph nodes;

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

“farmed game handling facility” means any building, premises or place, other than a slaughterhouse, used for the purpose of slaughtering farmed game the flesh of which is intended for sale for human consumption;

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

“farmed game processing facility” means premises, other than a slaughterhouse, used for the purpose of dressing farmed game the flesh of which is intended for sale for human consumption;

“final consumer” means a person who buys fresh meat—

“fresh”, as applied to meat, means all meat, including chilled or frozen meat, which has not undergone any preserving process and includes meat vacuum wrapped or wrapped in a controlled atmosphere;

“health mark” means a mark of a kind set out in Schedule 12 and applied in accordance with regulation 11 and that Schedule;

“the Humane Conditions Regulations” means the Slaughter of Animals (Humane Conditions) Regulations 1990(3) and the Slaughter of Animals (Humane Conditions) (Scotland) Regulations 1990(4);

“inspector” means a person appointed in accordance with regulation 8(2);

“lairage” means any part of a slaughterhouse used for the confinement of animals awaiting slaughter there;

“licensed”, in relation to any slaughterhouse, cold store, cutting premises, farmed game handling facility or farmed game processing facility, means licensed under regulation 4, and “licence” has a corresponding meaning;

“livestock unit” means 1 bovine animal or soliped, 3 swine or deer or 7 sheep or goats;

“low throughput”—

“manure pit” means a pit which is used to collect or contain dry sheep manure and which is situated beneath a self-“cleaning” open mesh or grating-type floor in a sheep lairage;

“meat” means all parts of animals which are suitable for human consumption;

“mechanically recovered meat” means finely comminuted meat obtained by mechanical means from flesh-bearing bones apart from—

and intended for establishments approved in accordance with Articles 8 or 9 of Council Directive 77/99/EEC(5) on health problems affecting intra-Community trade in meat products, as amended, and includes mechanically separated meat;

“occupier” means a person carrying on the business of a slaughterhouse, cutting premises or a cold store (either together or separately) or a farmed game processing or farmed game handling facility, or the duly authorised representative of such a person;

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

“OVS” means official veterinary surgeon, being a veterinary surgeon designated by the Minister under regulation 8;

“OVS room” means a room or rooms, suitable, sufficiently large and adequately equipped, capable of being securely locked and under the control of an OVS, for the exclusive use of the OVS and inspector;

“OVS” facilities" means suitable and sufficient facilities under the control of the OVS and inspector;

“packaging”, in relation to fresh meat, means placing wrapped fresh meat into a receptacle and “package” shall be construed accordingly;

“premises” means any slaughterhouse, cutting premises, cold store, farmed game handling facility or farmed game processing facility;

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

“slaughterhall” means that part of a slaughterhouse in which animals are slaughtered or the bodies of slaughtered animals are dressed;

“slaughterhouse” means any building, premises or place (other than a farmed game handling facility) for slaughtering animals the flesh of which is intended for sale for human consumption, and includes any place available in connection therewith for the confinement of animals while awaiting slaughter there;

“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 oesophagus;

“wild game”, “wild game meat” and “large wild game” shall have the meanings ascribed to them by Article 2(1) of Council Directive 92/45/EEC(6) on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat;

“wrapping”, in relation to the protection of fresh 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(7) or of any order under that Act.

Exemptions and saving for existing licences

3.—(1) These Regulations shall not apply—

(a)to premises where fresh meat—

(i)is used exclusively for the production for sale of meat products, meat preparations, minced meat or mechanically recovered meat;

(ii)is cut up or stored for sale from those premises to the final consumer; or

(iii)is used exclusively for carcase competitions;

(b)to a cold store which handles only fresh meat which is packaged;

(c)to fresh meat intended for exhibition, special studies or analysis provided that such meat is not used for human consumption and, except in the case of such meat used for analysis, it is destroyed after such exhibition or special study, as the case may be;

(d)to fresh meat intended exclusively for sale to international organisations;

(e)to fresh meat intended for uses other than human consumption; or

(f)to any person engaged in any activity described in this regulation, or to any vehicle used for the purpose of any such activity.

(2) Subject to regulation 5, nothing in these Regulations affects the validity of a licence issued under the Fresh Meat (Hygiene and Inspection) Regulations 1992(8).

PART IILICENSING OF SLAUGHTERHOUSES, CUTTING PREMISES, COLD STORES, FARMED GAME HANDLING FACILITIES AND FARMED GAME PROCESSING FACILITIES

Issue of licences

4.—(1) No person shall use any premises as a slaughterhouse, cutting premises, a cold store, a farmed game handling facility or a farmed game processing facility unless those premises are licensed by the Minister.

(2) Subject to paragraph (10) below, the Minister on an application made to him under this regulation—

(a)shall license the premises to which the application relates—

(i)as a slaughterhouse if he is satisfied that the premises comply with the requirements of Schedules 1 and 2 or as a low throughput slaughterhouse if it was in operation on or before 31st December 1991 and he is satisfied that it complies with the requirements of Schedule 5, and (in either case) if he is satisfied that the method of operation in those premises complies with the requirements of Schedules 7 to 10 and that there is no significant risk either that facilities for inspection under Schedule 10 will be denied or that any fresh meat or blood rejected under that Schedule will be used for human consumption;

(ii)as cutting premises if he is satisfied that the premises comply with the requirements of Schedules 1 and 3 or as low throughput cutting premises if he is satisfied that they comply with the requirements of Part I of Schedule 5, and (in either case) if he is satisfied that the method of operation in those premises complies with the requirements of Part I of Schedule 7 and Schedule 11;

(iii)as a cold store if he is satisfied that the premises comply with the requirements of Schedules 1 and 4 and that the method of operation in those premises complies with the requirements of Part I of Schedule 7 and Schedule 14 or as a cold store storing frozen meat if he is satisfied that it complies with Schedule 15;

(iv)as a farmed game handling facility if he is satisfied that the premises and the method of operation in those premises comply with the requirements of Part I of Schedule 6 and paragraphs 3 to 5 of Schedule 8;

(v)as a farmed game processing facility if he is satisfied that the premises and the method of operation in those premises comply with the requirements of Part II of Schedule 6 or as a low throughput farmed game processing facility if it was in operation before 31st December 1991 and he is satisfied that it complies with the requirements of Part III of Schedule 6, and (in either case) if he is satisfied that the method of operation in those premises complies with the requirements of Schedules 7, 9 and 10 and that there is no significant risk either that facilities for inspection under Schedule 10 will be denied or that any farmed game meat or blood rejected under that Schedule will be used for human consumption; and

(b)shall refuse so to license those premises 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 owner or occupier of, or a person proposing to occupy, the premises to which the application relates.

(4) The Minister shall notify the applicant in writing of his decision on the application.

(5) If he refuses a licence, he shall notify the applicant in writing of his reasons for refusal.

(6) A licence in respect of any premises shall be subject to the condition that, save in accordance with regulation 10 or 15, no significant alteration shall be made

(a)to the premises or the equipment in the premises otherwise than by way of repairs and maintenance; or

(b)to the method of operation in the premises,

without the Minister’s prior agreement in writing.

(7) In granting a licence in respect of any premises the Minister may make it subject to conditions as to the species of animal which may be slaughtered or processed there.

(8) In granting a licence in respect of low throughput premises the Minister may make it subject to conditions—

(a)as to the maximum limits to throughput;

(b)as to the persons to whom meat from the premises may be sold or supplied.

(9) In granting a licence in respect of a cold store the Minister may make it subject to the condition that fresh meat shall be stored only in one or more specified storage chambers or that the cold store shall store only fresh meat which is packaged.

(10) Where the Minister has granted any premises a temporary derogation in accordance with Council Directive 91/498/EEC(9) in respect of one or more of the requirements specified in Schedules 1 to 6, those requirements shall not apply to the premises until 1st January 1996 or until any such earlier date as the Minister may specify.

(11) A slaughterhouse or farmed game processing facility first in operation after 31st December 1991 shall not be licensed as low throughput premises unless it has been approved in accordance with the procedure laid down in Article 16 of Council Directive 64/433/EEC on health problems affecting intra-Community trade in fresh meat, as amended and consolidated by Council Directive 91/497/EEC(10).

(12) Where the Minister—

(a)has refused a licence; or

(b)has granted a licence subject to a condition,

his notification under paragraph (4) above shall state the right of appeal under regulation 6 and the time allowed for appealing.

Revocation of licences

5.—(1) The Minister may revoke a licence granted by him 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 any 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 condition attached to the licence in accordance with regulation 4(6), (7), (8) or (9) has not been complied with;

(d)the premises no longer fall within these Regulations—

(i)because the business carried on at the premises has ceased to be or include the slaughter of animals or the handling or storing of fresh meat; or

(ii)because they have become exempt under regulation 3; or

(e)any of the requirements specified by the Minister in a temporary derogation in accordance with Council Directive 91/498/EEC has not been complied with.

(2) The Minister shall give the occupier of the premises notice in writing—

(a)of his decision to revoke the licence;

(b)of the date on which the revocation is to take effect;

(c)of the reasons for revocation;

(d)of his right to appeal under regulation 6; and

(e)of the time allowed for appealing.

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

Appeals

6.—(1) Where the Minister—

(a)has refused to license any premises; or

(b)has granted a licence subject to conditions; or

(c)has revoked the licence of any premises,

the owner or occupier of, or a person proposing to occupy the premises may, within 28 days of being notified of the Minister’s decision in accordance with regulation 4(4) or 5(2), appeal to a Meat Hygiene Appeals Tribunal.

(2) The provisions of Schedule 21 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 the grant of 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 exercised any of his powers under paragraph (1) above, a person who, immediately before the exercise of that power, has been using the premises in question for a purpose not allowed because of its exercise 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.

Animals not intended for sale for human consumption

7.—(1) A person may use any slaughterhouse or farmed game handling facility, or cause any such premises so to be used, for the slaughter of an animal the meat derived from which is not intended for sale for human consumption if—

(a)one of the emergency slaughter conditions is satisfied; or

(b)neither of the emergency slaughter conditions is satisfied but the private kill condition is satisfied.

(2) The emergency slaughter conditions are—

(a)that the animal has incurred an injury whilst in transit necessitating its slaughter;

(b)that the animal is slaughtered by reason of the provisions of regulation 21 or, in Scotland, 11 of the Humane Conditions Regulations (animal in pain etc).

(3) The private kill condition is that it is not intended that meat derived from the animal shall be sold for human consumption.

(4) No person shall use any slaughterhouse or farmed game handling facility, or cause any such premises so to be used, for the slaughter of any animal whose meat is not intended for sale for human consumption unless the case falls within paragraph (1) above.

(5) An animal whose meat is not intended for sale for human consumption may only be slaughtered in a slaughterhouse or farmed game handling facility if it is slaughtered in a different room or at a different time from any animal whose meat is intended for sale for human consumption.

(6) The operator must take appropriate steps to prevent contamination of fresh meat in a slaughterhouse or farmed game handling facility in consequence of the slaughter there of an animal whose meat is not intended for sale for human consumption.

(7) Without prejudice to the generality of paragraph (6) above, the slaugtherhall must be thoroughly cleaned and disinfected after such an animal has been slaughtered in it.

(8) Meat from an animal falling within paragraph (1)(b) above must be stored separately from meat intended for sale for human consumption.

(9) The carcase of an animal falling within paragraph (1)(b) above many only be dressed in a slaughterhouse if the animal was slaughtered there.

(10) Such a carcase must be dressed in a different room or at a different time from carcases of animals whose meat is intended for sale for human consumption.

(11) The operator must take appropriate steps to prevent contamination of carcases of animals whose meat is intended for sale for human consumption in consequence of the dressing.

(12) Without prejudice to the generality of paragraph (11) above, the slaughterhall must be thoroughly cleaned and disinfected after the dressing.

PART IIISUPERVISION AND CONTROL OF PREMISES

Supervision of premises

8.—(1) The Minister may designate veterinary surgeons as OVSs and shall, in relation to any 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 meat, to provide the health certification of fresh meat and to be responsible for the following functions in relation to those premises—

(a)the ante-mortem health inspection of animals in accordance with Schedule 8;

(b)the post-mortem health inspection of slaughtered animals in accordance with Schedule 10;

(c)where appropriate, the examination of the fresh meat of swine and horses for trichinellosis in accordance with paragraphs 12 and 13 of Part IX of Schedule 10;

(d)the health marking of fresh meat in accordance with Schedule 12; and

(e)securing the observance of the requirements of Schedules 1, 2, 3, 4, 5, 6, 7, 9, 11, 13, 14, 15 and 17.

(2) The Minister shall, in relation to any premises, appoint such number of other persons to act as inspectors in relation to the functions specified in paragraph (1) above as are necessary for the proper performance of those functions.

(3) The Minister may not appoint any person to be an inspector unless that person is—

(a)a registered medical practitioner;

(b)a Member of the Royal College of Veterinary Surgeons;

(c)the holder of a qualification specified in paragraph 3 of the Schedule to the Authorised Officers (Meat Inspection) Regulations 1987(11); or

(d)the holder of a certificate or other qualification in fresh meat inspection obtained in the United Kingdom or another relevant EEA State which the Minister has confirmed in writing as adequate for appointment as an inspector under these Regulations.

(4) An inspector shall act under the supervision and responsibility of an OVS and, in relation to the function specified in paragraph (1)(a) above, shall only make an initial check on animals and assist with purely practical tasks.

Revocation and suspension of designations of OVSs

9.—(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 the person in question 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 of making representations in writing to the Minister with regard to the revocation or suspension or of being 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—

(a)of his right to make representations in writing;

(b)of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made;

(c)of his right to be heard; and

(d)of the manner in which and the time (not being less than 21 days from the giving of the notice) within which he may apply for an opportunity to be heard.

(4) In the event of the designated person making any representations (whether orally or in writing) under paragraph (3) above 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

10.—(1) Where it appears to an OVS that in respect of any premises—

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

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

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 notice given under paragraph (1) above shall be given as soon as practicable and shall state why it is given.

(3) If it is given under paragraph (1)(a) above, it shall specify the breach and the action needed to remedy it.

(4) Such a notice shall be withdrawn by a further notice in writing given to the occupier of the premises as soon as an OVS is satisfied that such action has been taken.

(5) 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.

(6) Subject to paragraph (8) below, an OVS, or a veterinary officer may subject any animal or any carcase or meat in any 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.

(7) Subject to paragraph (8) below, an OVS, veterinary officer or inspector may, by notice in writing given to the occupier of any such premises, state that he requires to examine an animal, carcase or meat specified in the notice on the premises.

(8) The powers conferred by paragraphs (6) and (7) above are not exercisable in relation to any animal, carcase or meat not intended for sale for human consumption.

(9) Once a notice under paragraph (7) is received, the occupier shall detain the animal, carcase or meat until such time as he is informed in writing by the OVS or veterinary officer (as the case may be) that the result of the examination has been obtained.

(10) A veterinary officer may at any time give to an OVS such reasonable directions as he may consider necessary so as to ensure that the OVS performs his functions under these Regulations, and the OVS shall comply with any such directions.

(11) 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.

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

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

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

Inspection and health marking

11.—(1) The Minister shall arrange for

(a)ante-mortem health inspections and post-mortem health inspections to be carried out at every slaughterhouse in accordance with Schedules 8 and 10 respectively; and

(b)post-mortem health inspections to be carried out at every farmed game processing facility in accordance with Schedule 10.

(2) Where fresh meat intended for sale for human consumption—

(a)has been passed fit for human consumption following ante- and post-mortem health inspections: and

(b)complies with the requirements of these Regulations,

it shall be marked in accordance with the requirements of Schedule 12.

(3) No other meat shall be so marked.

(4) No person shall remove, or cause or permit to be removed, from a slaughterhouse or a farmed game processing facility any blood or any carcase or part of a carcase or any offal intended for sale for human consumption or any offal from a slaughtered animal intended for sale for human consumption until 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 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

12.—(1) Subject to the provisions of these Regulations, no person shall operate any licensed premises to produce fresh meat for sale for human consumption unless he has notified the Minister, in accordance with paragraph (2) below, of the day on which and the time and place at which they are to be operated.

(2) The notification referred to in paragraph (1) above shall be given to the Minister—

(a)if the operation is to be the slaughter of farmed game, not less than 72 hours before the time of slaughter;

(b)if the operation is to be any other description of slaughter, not less than 24 hours before that time; and

(c)for any other kind of operation, not less than 24 hours before its commencement,

unless the Minister has agreed with the person required to give the notice that he will accept notice of a shorter duration, in which case the notice shall be of the 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 this 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 paragraph (1) above;

(4) Paragraph (1) above does not apply to the slaughter of an animal where by reason of injury or by reason of the provisions of regulation 21 or, in Scotland, 11 of the Humane Conditions Regulations it is necessary that it should be slaughtered without delay.

(5) In that case the person who but for paragraph (4) above would have been required to give a notice under paragraph (1) above must inform the Minister of the circumstances.

(6) The information must be given as soon as reasonably possible.

(7) It may be given after the animal has been slaughtered if it is not reasonably possible to give it before.

PART IVCONDITIONS FOR THE MARKETING OF FRESH MEAT

General conditions

13.—(1) No person shall sell fresh meat for human consumption unless—

(a)it has been obtained from licensed premises;

(b)it comes from an animal which has been subjected to an ante-mortem health inspection in accordance with these Regulations, which, following such inspection, has been passed as fit for slaughter for human consumption and, where appropriate, is accompanied by a certificate in the form set out at Schedule 20;

(c)it has been prepared under hygienic conditions in accordance with the requirements of Schedule 7;

(d)it comes from the body of an animal which has been subjected to a post-mortem health inspection in accordance with Schedule 10 and which has shown no evidence of disease or other abnormal condition, except for traumatic lesions incurred shortly before slaughter or localised malformations or pathological changes, and it is established that these do not render unfit for human consumption those parts of the carcase or offal not affected by such lesions, malformations or changes;

(e)it has been given a health mark in accordance with the requirements of Schedule 12;

(f)it is accompanied during transportation by a commercial document or by a health certificate in accordance with regulation 14;

(g)if it has been stored in a cold store, it has been stored in accordance with Schedule 14;

(h)if it is wrapped or packaged, it has been wrapped or packaged under hygienic conditions in accordance with the requirements of Schedule 13;

(i)if it is frozen, it has been frozen in accordance with the requirements of Schedule 15;

(j)if it has been transported between licensed premises, it has been transported under hygienic conditions in accordance with the requirements of Schedule 17; and

(k)if it is mechanically recovered meat, it has been handled in accordance with Council Directive 77/99/EEC.

(2) No person shall sell for human consumption—

(a)without prejudice to paragraph 6 of Schedule 12, fresh meat which has been treated with natural or artificial colouring matters;

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

(c)fresh meat from male swine used for breeding or cryptorchid or hermaphrodite swine unless such meat has undergone one of the treatments specified in Council Directive 77/99/EEC and such meat bears a special mark in accordance with the requirements of paragraph 1 of Schedule 12;

(d)fresh meat from uncastrated male swine of a carcase weight (excluding the limbs at the carpus and tarsus and the head) exceeding 80 kg unless

(i)an inspector has tested it for pronounced sexual odours and declared it not to have such odours; or

(ii)without prejudice to the requirement in paragraph 1(1) of Part IX of Schedule 10 for boar meat with pronounced sexual odours to be declared unfit where an inspector has detected such meat to have pronounced sexual odours, it has undergone one of the treatments specified in Council Directive 77/99/EEC and bears a special mark in accordance with the requirements of paragraph 1 of Schedule 12; or

(e)fresh meat from animals to which tenderisers have been administered.

(3) Subject to paragraph (4) below, no person shall consign or sell for consignment to a relevant EEA State for human consumption—

(a)fresh meat obtained form the body of an animal referred to in regulation 18(2);

(b)fresh meat produced, cut up or stored in premises to which the Minister has granted a temporary derogation, while that derogation is in force;

(c)fresh meat produced in a low throughput slaughterhouse or in a low throughput farmed game processing facility; or

(d)fresh meat cut up in any low throughput cutting premises.

(4) Paragraph (3) above shall not apply to meat—

(a)forming part of a traveller’s luggage and not intended for resale; or

(b)meat sent as smaller packages to private persons.

(5) Paragraphs (1) and (2) above shall not apply to fresh meat imported from a relevant EEA State or a third country, but fresh meat so imported shall be handled and transported in accordance with these Regulations.

(6) Paragraphs (1) and (2) above shall not apply to fresh meat which was obtained, cut up or stored prior to 1st January 1993 provided it is handled in accordance with these Regulations and, except in the case of fresh meat obtained, cut up or stored in premises which, immediately before 1st January 1993, were approved under regulation 4 of the Fresh Meat Export (Hygiene and Inspection) Regulations 1987(12), it is not consigned or sold for consignment to a relevant EEA State.

(7) Without prejudice to regulation 23 of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966(13) (transport of meat), paragraph (l)(j) above shall not apply in relation to the transportation of any fresh meat from any licensed premises on sale direct to the final consumer to a retailer in Greater Britain.

Transport documentation

14.—(1) Subject to paragraph (2) below, the occupier of licensed premises shall ensure that fresh meat is accompanied during transportation from the premises—

(a)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 from which the meat is to be transported;

(iii)the date of issue of the document and a number enabling it to be identified;

(iv)a description of the product transported; and

(v)the total quality despatched; and

(b)in the case of fresh meat intended for consignment to a relevant EEA State which

(i)is obtained from a slaughterhouse 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, by the health certificate referred to in Schedule 16.

(2) Paragraph (1) above shall not apply where the fresh meat is being transported from licensed premises direct to the final consumer or to a retailer in Great Britain.

(3) Any person other than those referred to in paragraph (2) above who receives fresh meat direct from any licensed premises shall keep the invoice or delivery note for a period of at least one year from the date of receipt.

PART VADMISSION TO AND DETENTION IN SLAUGHTERHOUSES AND FARMED GAME PROCESSING FACILITIES OF ANIMALS AND CARCASSES

Alternative accommodation for certain animals

15.—(1) An OVS or an inspector acting under the supervision of an OVS may require the accommodation or alternative methods of operation and facilities referred to in paragraph 1(d) of Schedule 2 and paragraph 1(n) of Part II of Schedule 5 to be used for—

(a)the slaughtering and dressing of any animal which is brought into a slaughter-house and which is known to be, or suspected of being, diseased or injured;

(b)the dressing of any slaughtered and bled animal which is brought into a slaughter-house in accordance with regulation 18.

(2) So long as any requirement to use alternative accommodation in such circumstances, or to prohibit the entry of a dirty animal in the circumstances set out in paragraph (3) below, is in effect, the licence in respect of the premises shall be treated as being altered by the addition of that requirement, and the other provisions of the licence shall be subject to that requirement.

(3) An inspector or OVS—

(a)may require the detention in a lairage, or prohibit the slaughter, of any animal which in his opinion is so dirty as to be likely to prevent hygienic dressing operations if it is taken into the slaughterhall at that slaughterhouse; and

(b)may require the occupier of the slaughter-house to clean the animal before presenting it to an OVS for an ante-mortem inspection.

(4) In the case of a slaughtered and bled animal which is brought into a slaughterhouse or farmed game processing facility in accordance with regulation 18 or paragraph (1)(g) of Part I of Schedule 6, an inspector or OVS may give notice that in his opinion any such animal is so dirty as to be likely to prevent hygienic dressing operations if it is taken into the slaughterhall at that slaughterhouse or the dressing room at that farmed game processing facility, and if such notice is given the occupier of the premises shall not take the animal in.

Period of time for keeping an animal in a lairage and removal of an animal from a slaughterhouse

16.—(1) No person shall keep or permit to be kept in any lairage for a period exceeding 72 hours any animal intended for slaughter unless—

(a)the OVS gives his consent to it being kept in a lairage for a period exceeding 72 hours, which consent shall only be given in exceptional circumstances; and

(b)it is isolated from animals in respect of which no such consent has been given.

(2) In this regulation “lairage” means any covered part of a slaughterhouse used for the confinement of animals awaiting slaughter there, but does not include any field, pasture or other open lairage forming part of any slaughterhouse or otherwise.

(3) No person shall, unless directed by an OVS or a veterinary officer, remove from a slaughterhouse an animal intended for slaughter if it is intended that meat from it shall be sold for human consumption.

Conditions on the admission of diseased or injured animals

17.—(1) No person shall send an animal which he knows or suspects to be diseased or injured to a slaughterhouse unless he has given the occupier of the slaughterhouse reasonable notice of his intention to send it.

(2) No person shall bring into, or permit to be brought into, a slaughterhouse any animal which he knows or suspects to be diseased or injured unless

(a)he has already ensured that it is accompanied by a written declaration signed by the owner or person in charge of it containing the information specified in Schedule 18; and

(b)that declaration is handed to an inspector or an OVS as soon as is practical after the animal’s arrival at the slaughterhouse.

(3) The occupier of the slaughterhouse shall ensure that on arrival at the slaughterhouse the animal—

(a)is slaughtered without delay following ante-mortem inspection; or

(b)is taken without delay under the direction of an inspector or the OVS to that part of the lairage provided for the isolation of diseased or injured animals.

Conditions on the admission of dead or slaughtered animals

18.—(1) No person shall bring into, or permit to be brought into or to remain in, a slaughterhouse the body of an animal which has died unless—

(a)it died in transit to the slaughterhouse; and

(b)it is removed from the slaughterhouse immediately following the carrying out of any necessary examination performed under the Animal Health Act 1981.

(2) No person shall bring into, or permit to be brought into, a slaughterhouse the slaughtered body of an animal, unless

(a)it has been bled;

(b)the animal has undergone an ante-mortem inspection by a veterinary surgeon;

(c)the animal has been slaughtered as a result of an accident or because it was suffering from a serious physiological or functional disorder;

(d)the body of the animal has not been dressed;

(e)the body of the animal is accompanied to the slaughterhouse by a certificate in the form set out in Schedule 19; and

(f)the body of the animal is transported to the slaughterhouse in a container or vehicle under hygienic conditions and, if it cannot be delivered to the slaughterhouse within one hour of slaughter, it is transported there in a container or vehicle under hygienic conditions in which the ambient temperature is between 0°C and 4°C.

(3) Paragraph (2) above does not apply to the slaughtered and bled body of farmed game if it comes from a farmed game handling facility and the occupier of the facility has performed in relation to the body the duty imposed on him by Part I of Schedule 6.

(4) Paragraphs 3 to 5 of Schedule 8 apply to an ante-mortem inspection under paragraph (2)(b) above.

(5) On arrival at the slaughterhouse the certificate which paragraph (2)(e) above requires to accompany the body of the animal to the slaughterhouse must be given to an inspector or OVS.

PART VIADMINISTRATION, PENALTIES AND ENFORCEMENT

Records of Inspections

19.—(1) The Minister shall keep in respect of individual licensed premises, where appropriate, a record, for the purpose of compliance with the provisions of Council Directive 91/497/EEC, of the results of—

(a)ante-mortem health inspections; and

(b)post-mortem health inspections.

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

Duties of occupier

20.—(1) The occupier of any licensed premises—

(a)shall keep a record adequate to show the number of animals received into, and the amounts of fresh meat despatched from, the premises during each week;

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

(c)shall ensure that an 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)shall 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 the Minister may require) on the general hygiene of conditions of production in his establishment to ensure that equipment and, if necessary, fresh meat, comply with the requirements of these Regulations;

(e)shall keep in permanent form a record of the results of those checks and make it available to the OVS or inspector upon request;

(f)shall keep in permanent form a record of the results of water testings on the premises and make it available to the OVS for inspection upon request;

(g)shall ensure that the health mark is properly applied as provided for in regulation 11 above, and that any labels on which the health mark is printed are used properly;

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

(i)shall, in the event of a serious risk, ensure that fresh meat is withdrawn if it has been obtained under or stored in conditions similar to those which produced the risk and is itself likely to present the same risk.

(2) The occupier shall retain records required to be kept under this regulation until the end of the period of one year from the date of the check.

(3) The occupier of 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 on those premises.

Offences and penalties

21.—(1) If any person contravenes—

(a)regulation 10(1); or

(b)regulation 12(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 6(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 paragraph (1) or (2) above shall be begun after the expiry—

(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

22.  The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 and 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 (presumption that food is intended for sale for human consumption);

• section 20 (offences due to fault of other 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 partner in Scottish partnership; and

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

Enforcement

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

PART VIIMISCELLANEOUS AND SUPPLEMENTARY

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

24.—(1) No person shall sell for human consumption fresh meat produced in a place to which this regulation applies and intended for consignment to a relevant EEA State, unless it was produced at premises in that place which, if these Regulations had effect in that place, would qualify for a licence under regulation 4 and be entitled to apply the health mark described in paragraph 1 of Schedule 12.

(2) No person shall sell for human consumption in Great Britain fresh meat produced in a place to which this regulation applies unless it carries a health mark applied in accordance with legislation having effect in that place and correspondence to the provisions of Schedule 12.

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

Revocations

25.  The Regulations specified in Schedule 22 are hereby revoked to the extent specified in column 3 of that Schedule.

Amendments

26.—(1) For regulation 4A(a) of the Food Hygiene (Docks, Carriers, etc.) Regulations 1960(14), there shall be substituted—

“(a)the Fresh Meat (Hygiene and Inspection) Regulations 1995;”.

(2) For regulation 2(b)(iii) of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966(15) there shall be substituted—

“(iii)to which the Fresh Meat (Hygiene and Inspection) Regulations 1995 apply;”.

(3) For regulation 3(2)(b)(ii) of the Food Hygiene (General) Regulations 1970(16) there shall be substituted—

“(ii)the Fresh Meat (Hygiene and Inspection) Regulations 1995;”.

(4) In regulation 3(2)(e) of the Food Premises (Registration) Regulations 1991(17), for “1992” there shall be substituted “1995”.

(5) In the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992(18)—

(a)for paragraph (2) of regulation 1 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 regulation 6 of, and Schedule 15 to, the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 or regulation 6 of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995,”;

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

“2.  These Regulations shall have effect for the purpose of proceedings before a Meat Hygiene Appeals Tribunal (“the Tribunal”) relating to the refusal to license any premises, the grant of a licence subject to conditions or the revocation of the licence of any premises under 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 under regulation 4 or 5, as the case may be, of the Fresh Meat (Hygiene and Inspection) Regulations 1995.”.

(6) In regulation 2(1) of the Meat Products (Hygiene) Regulations 1994(19), in the definition of “final consumer”, for the words “for his own consumption” there shall be substituted the words “otherwise than for resale”.

(7) In paragraph (a) of Schedule 2 to the Meat (Hygiene, Inspection and Examination for Residues) (Charges) Regulations 1995(20) the words “the Fresh Meat (Hygiene and Inspection) Regulations 1992” shall be replaced by the words “the Fresh Meat (Hygiene and Inspection) Regulations 1995”.