Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/1029 |
| Year | 1994 |
1994 No. 1029
FOOD
The Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1994
Made 7th April 1994
Laid before Parliament 7th April 1994
Coming into force 1st May 1994
The Minister of Agriculture, Fisheries and Food, and the Secretaries of State respectively concerned with health in England and food and health in Wales, in relation to England and Wales, and the Secretary of State, in relation to Scotland, acting jointly, in exercise of the powers conferred on them by sections 16(1)(b), (c), (d) and (f), 16(2)(a), 16(3), 17(1), 19(1)(b), 26, 37(2), 48(1) and 49(2) of, and paragraphs 2(1), 3(1), 5(1), (2)(a)(3), 6(1)(a), 7(1) and (2) of Schedule 1 to, 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 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), and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 19924hereby make the following Regulations:—
PART I
PRELIMINARY
Title and commencement
1.—(1) These Regulations may be cited as the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1994 and shall come into force on 1st May 1994.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the Food Safety Act 1990;
“the 1976 Regulations” means, in relation to England and Wales, the Poultry Meat (Hygiene) Regulations 19765and in relation to Scotland, the Poultry Meat (Hygiene) (Scotland) Regulations 19766;
“another member State” means a member State of the European Community other than the United Kingdom;
“batch” means a quantity of meat of the same species and type produced by or obtainedfrom the same production run and from the same flock of origin;
“birds” means poultry or farmed game birds;
“carcase” means—
(a) in relation to birds, the whole body of a bird after bleeding, plucking and evisceration, whether or not the heart, liver, lungs, the gizzard, crop and kidneys, the legs at the tarsus, the head, oesophagus or trachea have beenremoved; and
(b) in relation to rabbits, the whole body of a rabbit after bleeding, skinning and evisceration, whether or not the limbs at the carpus and tarsus, the head and tail have been removed;
“carcase parts” means parts of a carcase;
“cold store” means any premises, not forming part of a slaughterhouse, cutting premises or re-wrapping centre, 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;
“Council Directive 71/118/EEC” means Council Directive 71/118/EECon health problems affecting the production and placing on the market of fresh poultrymeat7, as amended and updated by Council Directive 92/116/EEC8;
“Council Directive 91/495/EEC” means Council Directive 91/495/EECconcerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat9as amended by Council Directive 92/65/EEC10;
“country of destination” means a member State to which fresh meat is sent from any other member State;
“cutting premises” means premises used for the purpose of cutting up fresh meat intended for sale for human consumption;
“cutting up” means cutting carcases into smaller cuts or removing bones from carcasesor parts of carcases;
“farmed game birds” means birds, other than poultry, which are not generally considered domestic but which are bred, reared and slaughtered in captivity;
“farmed game meat” means the meat of farmed game birds;
“final consumer” means a person who buys fresh meat—
(a) for his own consumption;
(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 ready-cooked 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;
“handling” includes the cutting up, storing, packaging, wrapping or re-wrapping of fresh meat and the preparation of fresh meat for any such purpose or for sale;
“health mark” means a mark applied in accordance with regulation 12 and of a kind and in the manner set out in Schedule 11;
“inspector” means an authorised officer who—
(a) has a qualification specified in Schedule 16; and
(b) is appointed as an inspector in accordance with regulation 8(2);
“licensed”, in relation to any slaughterhouse, cutting premises, cold store or re-wrapping centre, means licensed by the Minister under regulation 4;
“local market” means a market held in the same locality as, or in a neighbouring locality to, that in which the premises in question are situated;
“locality” means the area comprised within the boundary of—
(a) in relation to England:
(i) a metropolitan county named in Part I or a non-metropolitan county named in Part II of Schedule 1 to the Local Government Act 197211,
(ii) the Isles of Scilly, which shall be regarded as one locality,
(iii) Greater London, as defined in section 2(1) of the London Government Act 196312,
(b) in relation to Wales, a county named in Part I of Schedule 4 to the LocalGovernment Act 1972 save that the counties of Mid Glamorgan, South Glamorgan and West Glamorgan shall be regarded as one locality, and
(c) in relation to Scotland, a region named in Part I or an island area named in Part II of Schedule 1 to the Local Government (Scotland) Act 197313;
subject, in relation to a county in England or Wales or a London Borough comprised within the area of Greater London referred to in this definition, to any alterations made under Part IV of the Local Government Act 1972 and in relation to a region in Scotland, to any alterations made under Part II of the Local Government (Scotland) Act 1973.
“low throughput”—
(a) in relation to a slaughterhouse means a throughput of not more than 150,000 birds or 300,000 rabbits each year;
(b) in relation to a cutting premises not forming part of a slaughterhouse licensed under regulation 4(3), means a production of not more than 3 tonnes of cut up fresh meat each week;
“meat” means all parts of a bird or rabbit which are fit for human consumption;
“occupier” means any person carrying on the business of a slaughterhouse, cutting premises, cold store or re-wrapping centre (either separately or together) or his duly authorised representative and, in relation to an application in respect of any such premises for a licence under regulation 4, includes the owner of those premises, the person proposing to occupy those premises and the duly authorised representative of any such person;
“offal” means fresh meat other than that of the carcase, whether or not naturally connected to the carcase, including the head and feet where these are presented separate from the carcase;
“official veterinary surgeon” means a veterinary surgeon designated by the Minister under regulation 9;
“packaging”, in relation to fresh meat, means the placing of wrapped meat in a container, as well as the container itself;
“permitted preservative” means a preservative the use of which in foodstuffs is permitted under the Preservatives in Food Regulations 198914and the Preservatives in Food (Scotland) Regulations 198915;
“plant inspection assistant” means a person who is authorised in accordance with regulation 11;
“post-mortem health inspection” means the inspection of slaughtered birds or rabbits in a slaughterhouse in accordance with regulation 14(1)(d) and Schedule 9;
“poultry” means domestic fowls, turkeys, guinea fowls, ducks and geese;
“poultry meat” means the meat of poultry;
“pre-slaughter health inspection” means the inspection of live birds or rabbits in accordance with regulation 14(1)(b) and Schedule 7;
“premises” means any slaughterhouse, cutting premises, cold store or re-wrapping centre or a combination of some or all such premises;
“producer” means the person who owns or is in charge of any birds or rabbits and the duly authorised representative of any such person;
“production report” means the report referred to in paragraph 1(b)(ii) of Schedule 7;
“rabbit” means a domestic rabbit and “rabbit meat” shall be construed accordingly;
“restricted sale” means a sale of any fresh meat from any premises—
(a) direct to the final consumer at those premises, other than by mail order or itinerant sale; or
(b) direct to the final consumer at a local market; or
(c) to a retailer who sells direct to the final consumer, other than by itinerant sale or mail order, where such retailer pursues his trade in the same locality as, or in a neighbouring locality to, that in which those premises are situated;
“re-wrapping centre” means any premises where consignments of fresh meat intended for sale are packaged, wrapped or re-wrapped;
“sell” includes offer or expose...
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