The Fresh Meat (Hygiene and Inspection) Regulations 1995

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(1) 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(2).

(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.