Fresh Meat and Poultry Meat (Hygiene, Inspection and Examinations for Residues) (Charges) Regulations 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/2494 |
1990 No. 2494
FOOD
The Fresh Meat and Poultry Meat (Hygiene, Inspection and Examinations for Residues) (Charges) Regulations 1990
Made 10th December 1990
Laid before Parliament 11th December 1990
Coming into force 1st January 1991
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 4(1), 45 and 48(1) of the Food Safety Act 19901and of all other powers enabling them in that behalf; 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 Economic 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 of the said Act of 1990 with such organisations as appear to them to be representative of interests substantially affected by the Regulations (in so far as the Regulations are made in exercise of the powers conferred by the said sections of the said Act of 1990) hereby make the following Regulations:—
Title and commencement
1. These Regulations may be cited as the Fresh Meat and Poultry Meat (Hygiene, Inspection and Examinations for Residues) (Charges) Regulations 1990 and shall come into force on 1st January 1991.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“animals” means domestic animals of the following species: bovine animals (including buffalo), swine, sheep, goats and solipeds;
“appropriate Minister” means, as respects England, the Minister and, as respects Scotland and Wales, the Secretary of State;
“authorised officer” means a person authorised by a food authority to carry out a health inspection and control exercise;
“birds” means domestic fowls, turkeys, guinea-fowls, ducks and geese;
“carcase” means—
(a) the whole body of a slaughtered animal or bird (other than an uneviscerated bird) after bleeding and dressing; or
(b) the whole body of a slaughtered uneviscerated bird after bleeding;
“catering establishment” means a restaurant, canteen, club, public house, school, hospital or other establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, any meat or poultry meat is prepared for delivery to the ultimate consumer for immediate consumption;
“cold store” means premises used for the cold storage of meat or poultry meat intended for sale for human consumption but does not include any premises used wholly or mainly for sales of meat or poultry meat to the ultimate consumer;
“the Community standard charge” is—
(a) in the case of each animal or bird inspected, the appropriate charge specified in column (3) in Part I of Schedule 1 opposite the animal or bird specified in column (1) in that part of that Schedule; and
(b) in the case of unboned meat or unboned poultry meat intended for cutting up, the appropriate charge specified in column (3) in Part II of Schedule 1;
“cutting premises” means premises (whether or not forming part of a slaughterhouse) used for the purpose of cutting up any meat or poultry meat which is intended for sale for human consumption but does not include any premises used wholly or mainly for sales of meat or poultry meat to the ultimate consumer;
“cutting up” means—
(a) in relation to meat, cutting meat into cuts smaller than half carcases cut into three wholesale cuts or boning meat;
(b) in relation to poultry meat, cutting poultry meat carcases into cuts or boning poultry meat;
“the Decision” means Council Decision 88/408/EEC4on the levels of the fees to be charged for health inspections and controls of fresh meat pursuant to Council Directive 85/73/EEC5;
“ECU” means European Currency Unit as defined in Council Regulation (EEC) No. 3180/786and any amount expressed as a number of ECUs shall be converted to sterling at such rate as shall be published annually on the first working day of September in the C Series of the Official Journal of the European Communities (as specified by article 9 of the Decision);
“food authority” means—
(a) as respects the City of London, the Common Council;
(b) as respects any district or London borough, the council of the district or borough; and
(c) as respects Scotland, an islands or district Council;
“health inspection and control exercise” means an inspection or supervisory function carried out by a food authority at any slaughterhouse, cutting premises or cold store—
(a) in England and Wales, under the Fresh Meat Export (Hygiene and Inspection) Regulations 19877, the Meat Inspection Regulations 19878, the Slaughterhouses (Hygiene) Regulations 19779, the Poultry Meat (Hygiene) Regulations 197610, the Food (Hygiene) (General) Regulations 197011, the Food Hygiene (Docks, Carriers, etc.) Regulations 196012or the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 196613;
(b) in Scotland, under the Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 198714, the Food (Meat Inspection) (Scotland) Regulations 198815, the Slaughterhouse Hygiene (Scotland) Regulations 197816, the Poultry Meat (Hygiene) (Scotland) Regulations 197617and the Food Hygiene (Scotland) Regulations 195918;
“meat” means the flesh or other edible parts of animals but does not include meat which has been subject to any preservation process other than chilling or freezing;
“the minimum charge” is—
(a) in the case of each animal or bird inspected, the appropriate charge specified in column (2) in Part I of Schedule 1 opposite the animal or bird specified in column (1) in that part of that Schedule; and
(b) in the case of unboned meat or unboned poultry meat intended for cutting up, the appropriate charge specified in column (2) in Part II of Schedule 1;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“poultry meat” means the flesh or other edible parts of birds but does not include poultry meat which has been subject to any preservation process other than chilling or freezing;
“real cost”, in relation to the carrying out of a health inspection and control exercise, means the cost of such an exercise calculated in accordance with the provisions of regulation 8;
“the residues Regulations” means the Animals and Fresh Meat (Examination for Residues) Regulations 198819and the Animals and Fresh Meat (Hormonal Substances) Regulations 198820;
“slaughterhouse” means—
(a) a slaughterhouse licensed by a local authority under the Slaughterhouses Act 197421, the Poultry Meat Hygiene Regulations 1976 or the Poultry Meat (Hygiene) (Scotland) Regulations 1976;
(b) a slaughterhouse registered with a local authority under the Slaughter of Animals (Scotland) Act 198022; or
(c) a public slaughterhouse provided by a local authority under section 15 of the Slaughterhouses Act 1974 or section 1 of the Slaughter of Animals (Scotland) Act 1980;
“ultimate consumer” means a person who purchases meat or poultry meat otherwise than—
(a) for the purpose of resale,
(b) for the purpose of a catering establishment, or
(c) for the purpose of a processing business.
(2) 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.
Charges for health inspection and control exercises
3.—(1) Every food authority shall make a charge for every health inspection and control exercise carried out by it at a slaughterhouse, cutting premises or a cold store.
(2) In connection with every health inspection and control exercise for which a charge is made under paragraph (1) above the Minister shall make a charge in respect of functions
Calculation of charges for health inspection and control exercises carried out at a slaughterhouse
4.—(1) Subject to paragraphs (2) and (3) below, the charge for a health inspection and control exercise carried out at a slaughterhouse shall be an amount equal to the Community standard charge less the charge for examinations for the presence of residues calculated in accordance with regulation 7.
(2) Where the total of the real cost of carrying out a health inspection and control exercise at a slaughterhouse and the charge for examinations for the presence of residues is lower than the Community standard charge then—
(a)
(a) where that total is higher than the minimum charge, the charge shall be an amount equal to that real cost; or
(b)
(b) where that total is no higher than the minimum charge, the charge shall be an amount equal to that minimum charge less the charge for examinations for the presence of residues.
(3) Where the total of the real cost of carrying out a health inspection and control exercise at a slaughterhouse and the charge for examinations for the presence of residues is higher than the Community standard charge, the charge shall be such an amount as is fixed by the food authority being—
(a)
(a) an amount not exceeding that real cost; or
(b)
(b) an amount equal to the Community standard charge less the charge for examinations for the presence of residues.
Calculation of charges for health inspection and control exercises carried out at cutting premises
5.—(1) Subject to paragraphs (2), (3) and (4) below, the charge for a health inspection and control exercise carried out at any cutting premises shall be the Community standard charge.
(2) Where the real cost of carrying out a health inspection and...
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