Fresh Meat (Hygiene and Inspection) Regulations 1995

JurisdictionUK Non-devolved
CitationSI 1995/539

1995 No. 539

FOOD

The Fresh Meat (Hygiene and Inspection) Regulations 1995

Made 28th February 1995

Laid before Parliament 9th March 1995

Coming into force 1st April 1995

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred by sections 5(6), 6(4), 16(1)(b), (c), (d), (e) and (f), (2)(a) and (3), 17(1), 19(1)(b), 26, 37(2), 48(1) and 49(2) of, and paragraphs 5(1), (2)(a) and (3), 6(1)(a) and 7(1) and (2) of Schedule 1 to, the Food Safety Act 19901and of all other powers enabling them in that behalf, and the Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated2for the purposes of section 2(2) of the European Communities Act 19723in relation to the common agricultural policy of the European Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2) and of all other powers enabling them in that behalf, after consultation in accordance with section 48(4) of the said Act of 1990 with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations (in so far as the Regulations are made in exercise of the powers conferred by the said provisions of the said Act of 1990) hereby make the following Regulations:—

1 PRELIMINARY

PART I

PRELIMINARY

S-1 Title and commencement

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.

S-2 Interpretation

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—

(a) domestic animals of the following species: bovine animals (including buffalo of the species Bubalus bubalis and Bison bison), swine, sheep, goats and solipeds; and

(b) farmed game;

“carcase” means—

(a) in relation to bovine animals, sheep, goats, solipeds and farmed game, the whole body of a slaughtered animal after bleeding, evisceration, removal of the limbs at the carpus and tarsus, removal of the head, tail and udder and flaying; and

(b) in relation to swine, the whole body of a slaughtered animal after bleeding and evisceration, whether or not the limbs at the carpus and tarsus and the head have been removed;

“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—

(a) cutting fresh meat into smaller than half carcases cut into three wholesale cuts; or

(b) removing bones from fresh meat;

“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 Area4signed at Oporto on 2nd May 1992, as adjusted by the Protocol5signed 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—

(a) “mammals of the family Leporidae; and”

(b) wild land mammals living within an enclosed territory under conditions of freedom similar to those enjoyed by wild game;

“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—

(a) otherwise than for the purpose of resale;

(b) for direct transport to, and consumption on, premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him; or

(c) for cooking on premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him for sale as take-away food for consumption off those premises;

“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 19906and the Slaughter of Animals (Humane Conditions) (Scotland) Regulations 19907;

“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”—

(a) “in relation to a farmed game processing facility,” means a throughput of animals whose meat is intended for sale for human consumption of not more than 3,000 farmed deer or farmed wild boar carcases each year at a rate not exceeding 60 each week;

(b) “in relation to a slaughterhouse,” means a throughput of animals whose meat is intended for sale for human consumption of not more than 1,000 livestock units each year at a rate not exceeding 20 each week; and

(c) “in relation to cutting premises,” means a production of not more than 5 tonnes of fresh meat intended for sale for human consumption each week;

“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—

(a) “the bones of head; and”

(b) the extremities of the limbs below the carpal and tarsal joints and, in the case of swine, the coccygeal vertebrae,

and intended for establishments approved in accordance with Articles 8 or 9 of Council Directive 77/99/EEC8on 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/EEC9on 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...

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