Wild Game Meat (Hygiene and Inspection) Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/2148 |
1995 No. 2148
FOOD
The Wild Game Meat (Hygiene and Inspection) Regulations 1995
Made 15th August 1995
Laid before Parliament 24th August 1995
Coming into force 20th September 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 on them by sections 6(4), 16(1)(b), (c), (d), (e) and (f), (2)(a) and (3), 17(1), 19(1)(b), 26, 48(1) and 49(2) of the Food Safety Act 19901and of all other powers enabling them in that behalf, after consultation in accordance with section 48(4) of the said Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations, hereby make the following Regulations:—
PART I
PRELIMINARY
Title and commencement
1. These Regulations may be cited as the Wild Game Meat (Hygiene and Inspection) Regulations 1995 and shall come into force on 20th September 1995.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the Food Safety Act 1990;
“carcase”means the eviscerated, and in the case of birds plucked, body of any wild game, with or without the head and lower legs;
“cold store” means a cold store licensed under the Hygiene Regulations;
“collection centre” means any building, premises or place where killed wild game is kept prior to being transported to a wild game processing facility;
“contravention”, in relation to any provision of these Regulations, includes a failure to comply with that provision, and “contravene” has a corresponding meaning;
“cutting up” means—
(a) cutting meat of large wild game into pieces smaller than half carcases;
(b) cutting meat of small wild game into pieces smaller than carcases; or
(c) removing bones from wild game 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 Area2signed at Oporto on 2nd May 1992, as adjusted by the Protocol3signed at Brussels on 17 March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“fresh meat” has the meanings given in the Hygiene Regulations;
“frozen”, in relation to wild game meat, means meat which has been reduced to a temperature of not more than -12°C;
“health mark” means a mark of a kind set out in Schedule 7 and applied in accordance with regulation 10 and that Schedule;
“hunter” means any person who kills, or organises the killing of, wild game for human consumption;
“the Hygiene Regulations” means—
(a) the Fresh Meat (Hygiene and Inspection) Regulations 19954; or
(b) the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 19955;
“inspector” means a person who—
(a) has been so appointed for the purposes of the Hygiene Regulations; and
(b) is appointed in accordance with regulation 6(2);
“large wild game” means wild ungulates;
“licensed”, in relation to any wild game processing facility, means licensed by the Minister under regulation 3, and “ licence” has a corresponding meaning;
“occupier” means any person carrying on the business of a wild game processing facility or, in so far as the context requires, a cold store or a re-wrapping centre or his duly authorised representative and, in relation to an application in respect of any wild game processing facility for a licence under regulation 3, includes the owner of those premises, the person proposing to occupy those premises and the duly authorised representative of any such person;
“offal” means wild game meat other than that of the carcase, whether or not naturally connected to the carcase;
“OVS” means an official veterinary surgeon, being a veterinary surgeon designated by the Minister under regulation 6;
“packaging”, in relation to wild game meat, means placing wrapped wild game meat into a receptacle as well as the receptacle itself, and “package” shall be construed accordingly;
“PIA” means a plant inspection assistant, being a person who is authorised in accordance with regulation 9;
“potable water” has the same meaning as in the Food Safety (General Food Hygiene) Regulations 19956;
“premises” means any wild game processing facility;
“relevant EEA State” means an EEA State other than Iceland;
“re-wrapping centre” means any re-wrapping centre licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;
“small wild game” means wild mammals of theLeporidae family and wild birds intended for human consumption;
“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 the oesophagus;
“wild game” means—
(a) wild land mammals which are hunted (including wild mammals living within an enclosed area under conditions of freedom similar to those enjoyed by wild game); and
(b) wild birds;
“wild game meat” means all parts of wild game which are suitable for human consumption and which have not undergone any preserving process other than chilling, freezing, vacuum wrapping or wrapping in a controlled atmosphere;
“wild game processing facility” means any establishment used for the purpose of dressing or cutting up wild game, the meat derived from which is intended for sale for human consumption; and
“wrapping”, in relation to the protection of wild game 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 19817or of any order made thereunder.
PART II
LICENSING OF WILD GAME PROCESSING FACILITIES
Issue of licences
3.—(1) No person shall use any wild game processing facility for the purpose of dressing or cutting up wild game, the meat derived from which is intended for consignment, or sale for consignment, to a relevant EEA State for human consumption, unless that wild game processing facility is currently licensed under these Regulations.
(2) Without prejudice to paragraph (6) below, the Minister, on application made to him under this regulation, shall license the wild game processing facility to which the application relates if he is satisfied that—
(a)
(a) where only wild game meat is handled, it complies with the requirements of Schedule 1 or the occupier of the premises has agreed a work plan with the Minister to carry out and complete works at the premises necessary to comply with those requirements on or before 31 December 1995, the method of operation in those premises complies with the requirements of Schedules 2 to 6 and there is no significant risk either that facilities for inspection under Schedule 4 will be denied or that any wild game meat condemned under those Schedules will be used for human consumption; or
(b)
(b) where fresh meat and wild game meat are handled, it is an establishment licensed under the Hygiene Regulations and—
(i) the method of operation in the establishment, in relation to wild game meat, complies, in so far as is necessary for the type of operations carried out in the establishment, with the requirements of Schedules 2 to 6 and there is no significant risk either that the facilities for inspection under Schedule 4 will be denied or that any wild game meat condemned under those Schedules will be used for human consumption; and
(ii) wild game meat will be handled separately or at different times from fresh meat and measures will be taken to identify clearly the different types of meat;
and shall refuse to grant a licence 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 occupier of the premises to which the application relates.
(4) The Minister shall notify the applicant in writing of his decision on the application and of his reasons for any refusal to grant a licence.
(5) Any licence granted in respect of any premises under this regulation shall be subject to the condition that any significant alteration to the premises or the equipment or method of operation in those premises shall comply with the provisions of these Regulations.
(6) In granting a licence in respect of any premises under this regulation the Minister may make that licence subject to conditions—
(a)
(a) in respect of the type or species of wild game which may be processed there; and
(b)
(b) as to the operations which may be carried out there.
(7) Where the Minister has refused to grant a licence under this regulation or granted a licence subject to any condition imposed pursuant to paragraph (6) above, the notification under paragraph (4) above shall state the right of appeal to a Meat Hygiene Appeals Tribunal, for which provision is made in regulation 5, and the time within which an appeal shall be lodged.
Revocation of licences
4.—(1) The Minister may revoke a licence granted by him under regulation 3 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 an inquiry into, the operation or structure of the premises and a report by an OVS or veterinary officer, he is satisfied that—
(a)
(a) the conditions of...
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