Pig Carcase (Grading) Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/2155 |
| Year | 1994 |
1994 No. 2155
AGRICULTURE
The Pig Carcase (Grading) Regulations 1994
Made 9th August 1994
Laid before Parliament 22th August 1994
Coming into force 12th September 1994
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Community, acting jointly in exercise of the powers conferred upon them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:
Title, extent and commencement
1. These Regulations, which may be cited as the Pig Carcase (Grading) Regulations 1994, shall extend to Great Britain and shall come into force on 12th September 1994.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the appropriate Minister”—
(a)
(a) in relation to England, means the Minister of Agriculture, Fisheries and Food;
(b)
(b) in relation to Scotland or Wales, means the Secretary of State;
“authorised officer” means a person (whether or not an officer of that Minister) authorised by the appropriate Minister for the purposes of these Regulations;
“clean pig” means a pig which has not been used for breeding;
“the Commission Decision” means Commission Decision 88/234/EECauthorising methods for grading pig carcases in the United Kingdom3, as amended by Commission Decision 88/478/EEC4, Commission Decision 92/557/EEC5, Commission Decision 93/445/EEC6and Commission Decision 94/336/EC7;
“the Commission Regulation” means Commission Regulation (EEC) No. 2967/85laying down detailed rules for the application of the Community scale for grading pig carcases8;
“Community provision” means any requirement as to weighing, grading, marking or identifying of pig carcases or the making or keeping of any record in relation thereto under the Council Regulation, the Commission Regulation or the Commission Decision;
“the Council Regulation” means Council Regulation (EEC) No. 3220/84determining the Community scale for grading pig carcases9, as amended by Council Regulation (EEC) No. 3530/86(b) and Council Regulation (EC) No. 3513/93(c);
“exempt carcase” means the carcase of a pig—
(a) which has been used for breeding; or
(b) which has been obtained in a slaughterhouse in which there are slaughtered not more than 200 clean pigs per week on a yearly average basis;
“the MLC” means the Meat and Livestock Commission established by virtue of section 1(1) of the Agriculture Act 196710;
“occupier” means a person carrying on the business of operating a slaughterhouse;
“pig carcase” has the meaning assigned to it by the first indent of Article 2(1) of the Council Regulation, except that, in pursuance of the derogations contained in Articles 2 and 2a of the Commission Decision, the carcase may include—
(a) the tongue;
(b) the flare fat, the kidneys and the diaphragm; or
(c) the tongue, the flare fat, the kidneys and the diaphragm;
“slaughterhouse” means a slaughterhouse in which pigs are slaughtered.
(2) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Exemption
3. Regulation 6 shall not apply in relation to any exempt carcase.
Registration
4.—(1) Subject to paragraphs (3) and (4) below, every person who is or becomes an occupier on the day these Regulations come into force shall within 28 days of that day give written notice to the appropriate Minister of the particulars specified in Schedule 1.
(2) Every person who becomes an occupier on any day after the day these Regulations come into force shall within 28 days of becoming an occupier give written notice to the appropriate Minister of the particulars specified in Schedule 1.
(3) An occupier who—
(a)
(a) has notified particulars in compliance with paragraph (1) of regulation 3 of the Pig Carcase (Grading) Regulations 198811(whether or not he has notified a change in those particulars in compliance with paragraph (2) of that regulation); and
(b)
(b) on the day these Regulations come into force continues to be the occupier of the slaughterhouse in relation to which he notified those particulars,
shall not be under any obligation to give particulars as required by paragraph (1) above.
(4) Notwithstanding paragraph (3) above, an occupier described in that paragraph shall, on being required by written notice given to him by the appropriate Minister at any time, give to that Minister the particulars specified in Schedule 1 or such of those particulars as the appropriate Minister may specify in his notice, within such period (not being less than 28 days) as shall also be specified in that notice.
Special grading criterion
5. There shall be added to the grading scale which applies by virtue of Article 3(2) of the Council Regulation the additional grade referred to in Article 3(3) of that Regulation.
Weighing, etc., of carcases of pigs
6. An occupier shall—
(a) forthwith prepare each carcase of a pig slaughtered in his slaughterhouse so that it becomes a pig carcase;
(b) except where the MLC is bound by the obligation specified in regulation 7(5)(c), weigh each such pig carcase in accordance with the provisions of Article 2(2) of the Council Regulation, make a record of the weight of each such pig carcase and thereafter calculate the weight of the cold carcase by reference to the provisions of Article 3 of the Commission Decision;
(c) except where the MLC is bound by the obligation specified in regulation 7(5)(c), grade each such pig carcase in compliance with the requirements of Article 3(1) and (2) of the Council Regulation as read with regulation 5, by the application of one of the methods authorised by the Commission Decision;
(d) except where MLC is bound by the obligation specified in regulation 7(5)(c), in the case of each such pig carcase to be marketed whole in another Member State, mark it in the manner prescribed by Article 4(1) of the Council Regulation and Article 4(1) or (2) of the Commission Regulation; and
(e) in the case of each such pig carcase to be marketed whole or in cuts in the United Kingdom or in cuts in another Member State—
(i) except where the MLC is bound by the obligation specified in regulation 7(5)(c), mark it in the manner so prescribed, or
(ii) make and, except where the MLC is bound by the obligation specified in regulation 7(5)(c), keep a record relating to it in compliance with the requirements of Article 4(2) of the Council Regulation and identify it in accordance with Article 5 of the Commission Regulation.
Undertaking of grading, etc., of certain pig carcases by the MLC
7.—(1) An occupier may request the MLC to carry out the Community classification requirements at a slaughterhouse occupied by him.
(2) An occupier shall, subject to paragraphs (3) and (4) below—
(a)
(a) make such a request by written notice, to be given to the MLC not less than six months before the date on which he requires the MLC to commence the carrying out of the Community classification requirements at the slaughterhouse concerned; and
(b)
(b) within 30 days from the date of such notice, agree with the MLC a classification charge.
(3) The MLC may—
(a)
(a) notwithstanding paragraph (2)(a) above, accept a notice of less than six months; and
(b)
(b) notwithstanding paragraph (2)(b) above, agree with an occupier a classification charge at any time.
(4) If the occupier and the MLC fail to agree a classification charge, the MLC may refuse to carry out the Community classification requirements and in such event shall notify the occupier in writing of such refusal.
(5) Where the MLC has received a notice to carry out the Community classification requirements at a slaughterhouse and agreed with the occupier a classification charge, the MLC shall—
(a)
(a) forthwith notify that occupier in writing of—
(i)
(i) its agreement to carry out the Community classification requirements at that slaughterhouse,
(ii) the classification charge and the period for which such charge is to apply, as agreed between the MLC and that occupier, and
(iii) the date of commencement;
(b)
(b) forthwith notify the appropriate Minister in writing of its agreement to carry out the Community classification requirements at that slaughterhouse and the date of commencement;
(c)
(c) subject to paragraphs (6), (7) and (9) below, from the date of commencement carry out the Community classification requirements in respect of every pig carcase, other than any exempt carcase, obtained in that slaughterhouse and presented by the occupier; and
(d)
(d) as soon as reasonably practicable after carrying out such Community classification requirements provide the occupier with—
(i)
(i) the particulars specified in Schedule 2,
(ii) the particulars relating to each pig carcase to be recorded under regulation 6(e)(ii), and
(iii) any other details relating to such Community classification requirements or any pig carcase as the occupier may reasonably require so as to enable him to comply with these Regulations or any Community provision.
(6) The MLC having agreed to carry out the Community classification requirements at a slaughterhouse in accordance with paragraph (5) above may suspend or revoke that agreement if the occupier of that slaughterhouse—
(a)
(a) fails to pay to the MLC on demand the classification charge;
(b)
(b) fails to present to the MLC for such Community classification pig carcases that fully comply with the definition of “pig carcase” in regulation 2(1);
(c)
(c) fails to provide such information and assistance as the MLC may...
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