Regulation (EC) No 854/2004 of the European Parliament and of the Council (repealed)Dangos y teitl llawn

[X1 SECTION III: U.K. RESPONSIBILITIES AND FREQUENCY OF CONTROLS

CHAPTER I: U.K. OFFICIAL AUXILIARIES

Official auxiliaries may assist the official veterinarian with all tasks, subject to the following restrictions and to any specific rules laid down in Section IV:

1.

in relation to auditing tasks, official auxiliaries may only collect information regarding good hygienic practices and HACCP-based procedures;

2.

[F1 in relation to ante-mortem inspection and checks concerning the welfare of animals, official auxiliaries may only help with purely practical tasks which may include a preselection of animals with abnormalities;]

3.

in relation to post-mortem inspection, the official veterinarian must regularly check the work of official auxiliaries and, in the case of animals having undergone emergency slaughter outside the slaughterhouse, carry out the inspection personally.

Textual Amendments

F1 Substituted by Commission Regulation (EU) No 218/2014 of 7 March 2014 amending Annexes to Regulations (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council and Commission Regulation (EC) No 2074/2005 (Text with EEA relevance).

CHAPTER II: U.K. FREQUENCY OF CONTROLS

1. The competent authority is to ensure that at least one official veterinarian is present: U.K.

(a)

in slaughterhouses, throughout both ante-mortem and post-mortem inspection;

and

(b)

in game handling establishments, throughout post-mortem inspection.

2. However, the competent authority may adapt this approach in certain slaughterhouses and game handling establishments identified on the basis of a risk analysis and in accordance with criteria laid down in accordance with Article 18, point 3, if there are any. In such cases: U.K.

(a)

the official veterinarian need not be present at the time of ante-mortem inspection in the slaughterhouse if:

(i)

an official veterinarian or an approved veterinarian carried out ante-mortem inspection at the holding of provenance, checked the food chain information and communicated the results of the check to the official auxiliary at the slaughterhouse,

(ii)

the official auxiliary at the slaughterhouse is satisfied that the food chain information does not point to any possible problem for food safety and that the animal's general state of health and welfare is satisfactory,

and

(iii)

the official veterinarian regularly satisfies himself/herself that the official auxiliary is carrying out such checks properly;

(b)

the official veterinarian need not be present at all times during post-mortem inspection if:

(i)

an official auxiliary carries out post-mortem inspection and puts aside meat with abnormalities and all other meat from the same animal,

(ii)

the official veterinarian subsequently inspects all such meat,

and

(iii)

the official auxiliary documents his/her procedures and findings in a manner that allows the official veterinarian to be satisfied that standards are being met.

However, in the case of poultry and lagomorphs, the official auxiliary may discard meat with abnormalities and, subject to Section IV, the official veterinarian need not systematically inspect all such meat.

3. The flexibility provided for in paragraph 2 does not apply: U.K.

(a)

to animals that have undergone emergency slaughter;

(b)

to animals suspected of having a disease or condition that may adversely affect human health;

(c)

to bovine animals from herds that have not been declared officially free of tuberculosis;

(d)

to bovine, ovine and caprine animals from herds that have not been declared officially free of brucellosis;

(e)

[F2 in the case of an outbreak of animal diseases for which animal health rules are laid down in Union legislation. This concerns animals susceptible to the particular disease in question that come from the particular region as defined in Article 2 of Council Directive 64/432/EEC (1) ;

(f)

when stricter controls are necessary to take account of emerging diseases or particular OIE listed diseases.]

Textual Amendments

F2 Substituted by Commission Implementing Regulation (EU) No 739/2011 of 27 July 2011 amending Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of officials controls on products of animal origin intended for human consumption (Text with EEA relevance).

4. In cutting plants, the competent authority is to ensure that an official veterinarian or an official auxiliary is present when meat is being worked on with a frequency appropriate to achieving the objectives of this Regulation. U.K.

CHAPTER III: U.K. INVOLVEMENT OF SLAUGHTERHOUSE STAFF

A. SPECIFIC TASKS CONCERNING THE PRODUCTION OF MEAT FROM POULTRY AND LAGOMORPHS U.K.

The Member States may permit slaughterhouse staff to take over the activities of the official auxiliaries in controlling the production of poultry and rabbit meat under the following conditions:

(a)

[F3 Where the establishment has used good hygiene practice in accordance with Article 4(4) of this Regulation and the HACCP procedure for at least 12 months, the competent authority may authorise staff of the establishment to carry out tasks of official auxiliaries. This authorisation may only be granted if the staff of the establishment have been trained, to the satisfaction of the competent authority, in the same way as the official auxiliaries for the tasks of official auxiliaries or for the specific tasks they are authorised to perform. This staff must be placed under the supervision, direction and responsibility of the official veterinarian. In these circumstances, the official veterinarian shall be present at ante-mortem and post-mortem examinations, shall supervise these activities and carry out regular performance tests to ensure that the performance of the slaughterhouse staff meets the specific criteria laid down by the competent authority, and shall document the results of those performance tests. Where the level of hygiene of the establishment is affected by the work of this staff, where this staff does not carry out the tasks properly or where in general this staff carries out its work in a manner that the competent authority considers unsatisfactory, this staff shall be replaced by official auxiliaries.]

(b)

The competent authority of the Member State shall decide, in principle and on a case-by-case basis, whether to permit the implementation of the system described above. Where the Member State decides in principle in favour of this system, it shall inform the Commission of that decision and its associated conditions. For food business operators in a Member State implementing the system, the actual use of the system is optional. Food business operators shall not be forced by the competent authority to introduce the system described here. Where the competent authority is not convinced that the food business operator satisfies the requirements, the system shall not be implemented in that establishment. In order to assess this, the competent authority shall carry out an analysis of the production and inspection records, the type of activities undertaken in the establishment, the history of compliance with rules, the expertise, professional attitude and sense of responsibility of the slaughterhouse staff in regard to food safety, together with other relevant information.

Textual Amendments

F3 Substituted by Commission Regulation (EC) No 1021/2008 of 17 October 2008 amending Annexes I, II and III to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption and Regulation (EC) No 2076/2005 as regards live bivalve molluscs, certain fishery products and staff assisting with official controls in slaughterhouses (Text with EEA relevance).

B. SPECIFIC SAMPLING AND TESTING TASKS U.K.

Slaughterhouse staff who have received specific training, under the supervision of the official veterinarian, may, under the responsibility and the supervision of the official veterinarian, carry out specific sampling and testing tasks in respect of animals of all species.

CHAPTER IV: U.K. PROFESSIONAL QUALIFICATIONS

A. OFFICIAL VETERINARIANS U.K.

1. The competent authority may appoint only veterinarians who have passed a test meeting the requirements of paragraph 2 as official veterinarians. U.K.

2. The competent authority must make arrangements for the test. The test is to confirm knowledge of the following subjects to the extent necessary depending on the veterinarian's background and qualifications: U.K.

(a)

national and Community legislation on veterinary public health, food safety, animal health, animal welfare and pharmaceutical substances;

(b)

principles of the common agricultural policy, market measures, export refunds and fraud detection (including the global context: WTO, SPS, Codex Alimentarius, OIE);

(c)

essentials of food processing and food technology;

(d)

principles, concepts and methods of good manufacturing practice and quality management;

(e)

pre-harvest quality management (good farming practices);

(f)

promotion and use of food hygiene, food related safety (good hygiene practices);

(g)

principles, concepts and methods of risk-analysis;

(h)

principles, concepts and methods of HACCP, use of HACCP throughout the food production food chain;

(i)

prevention and control of food-borne hazards related to human health;

(j)

population dynamics of infection and intoxication;

(k)

diagnostic epidemiology;

(l)

monitoring and surveillance systems;

(m)

auditing and regulatory assessment of food safety management systems;

(n)

principles and diagnostic applications of modern testing methods;

(o)

information and communication technology as related to veterinary public health;

(p)

data-handling and applications of biostatistics;

(q)

investigations of outbreaks of food-borne diseases in humans;

(r)

relevant aspects concerning TSEs;

(s)

animal welfare at the level of production, transport and slaughter;

(t)

environmental issues related to food production (including waste management);

(u)

precautionary principle and consumer concerns;

and

(v)

principles of training of personnel working in the production chain.

Candidates may acquire the required knowledge as part of their basic veterinary training, or through training undertaken, or professional experience acquired, after qualifying as veterinarians. The competent authority may arrange for different tests to take account of candidates' background. However, when the competent authority is satisfied that a candidate has acquired all the required knowledge as part of a university degree, or through continuing education resulting in a postgraduate qualification, it may waive the requirement for a test.

3. The veterinarian is to have aptitude for multidisciplinary cooperation. U.K.

4. In addition, each official veterinarian is to undergo practical training for a probationary period of at least 200 hours before starting to work independently. During this period the probationer is to work under the supervision of existing official veterinarians in slaughterhouses, cutting plants, inspection posts for fresh meat and on holdings. The training is to concern the auditing of food safety management systems in particular. U.K.

5. The official veterinarian is to maintain up-to-date knowledge and to keep abreast of new developments through regular continuing education activities and professional literature. The official veterinarian is, wherever possible, to undertake annual continuing education activities. U.K.

6. Veterinarians already appointed as official veterinarians must have adequate knowledge of the subjects mentioned in paragraph 2. Where necessary, they are to acquire this knowledge through continuing education activities. The competent authority is to make adequate provision in this regard. U.K.

7. Notwithstanding paragraphs 1 to 6, Member States may lay down specific rules for official veterinarians working on a part-time basis who are responsible for inspecting small businesses U.K.

B. OFFICIAL AUXILIARIES U.K.

1. The competent authority may appoint as official auxiliaries only persons who have undergone training and passed a test in accordance with the following requirements. U.K.

2. The competent authority must make arrangements for such tests. To be eligible for these tests, candidates must prove that they have received: U.K.

(a)

at least 500 hours of theoretical training and at least 400 hours of practical training, covering the areas specified in paragraph 5;

and

(b)

such additional training as is required to enable official auxiliaries to undertake their duties competently.

3. The practical training referred to in paragraph 2(a) is to take place in slaughterhouses and cutting plants, under the supervision of an official veterinarian, and on holdings and in other relevant establishments. U.K.

4. Training and tests are to concern principally red meat or poultrymeat. However, persons who undergo training for one of the two categories and passed the test need only undergo abridged training to pass the test for the other category. Training and test should cover wild game, farmed game and lagomorphs, where appropriate. U.K.

5. Training for official auxiliaries is to cover, and tests are to confirm knowledge of, the following subjects: U.K.

(a)

in relation to holdings:

(i)

theoretical part:

• familiarity with the farming industry organisation, production methods, international trade etc.,

• good livestock husbandry practices,

• basic knowledge of diseases, in particular zoonoses — viruses, bacteria, parasites etc.,

• monitoring for disease, use of medicines and vaccines, residue testing,

• hygiene and health inspection,

• animal welfare on the farm and during transport,

• environmental requirements — in buildings, on farms and in general,

• relevant laws, regulations and administrative provisions,

• consumer concerns and quality control;

(ii)

practical part:

• visits to holdings of different types and using different rearing methods,

• visits to production establishments,

• observation of the loading and unloading of animals,

• laboratory demonstrations,

• veterinary checks,

• documentation;

(b)

in relation to slaughterhouses and cutting plants:

(i)

theoretical part:

• familiarity with the meat industry organisation, production methods, international trade and slaughter and cutting technology,

• basic knowledge of hygiene and good hygienic practices, and in particular industrial hygiene, slaughter, cutting and storage hygiene, hygiene of work,

• HACCP and the audit of HACCP-based procedures,

• animal welfare on unloading after transport and at the slaughterhouse,

• basic knowledge of the anatomy and physiology of slaughtered animals,

• basic knowledge of the pathology of slaughtered animals,

• basic knowledge of the pathological anatomy of slaughtered animals,

• relevant knowledge concerning TSEs and other important zoonoses and zoonotic agents,

• knowledge of methods and procedures for the slaughter, inspection, preparation, wrapping, packaging and transport of fresh meat,

• basic knowledge of microbiology,

• ante-mortem inspection,

• examination for trichinosis,

• post-mortem inspection,

• administrative tasks,

• knowledge of the relevant laws, regulations and administrative provisions,

• sampling procedure,

• fraud aspects;

(ii)

practical part:

• animal identification,

• age checks,

• inspection and assessment of slaughtered animals,

• post-mortem inspection in a slaughterhouse,

• examination for trichinosis,

• identification of animal species by examination of typical parts of the animal,

• identifying and commenting on parts of slaughtered animals in which changes have occurred,

• hygiene control, including the audit of the good hygiene practices and the HACCP-based procedures,

• recording the results of ante-mortem inspection,

• sampling,

• traceability of meat,

• documentation.

6. Official auxiliaries are to maintain up-to-date knowledge and to keep abreast of new developments through regular continuing education activities and professional literature. The official auxiliary is, wherever possible, to undertake annual continuing education activities. U.K.

7. Persons already appointed as official auxiliaries must have adequate knowledge of the subjects mentioned in paragraph 5. Where necessary, they are to acquire this knowledge through continuing education activities. The competent authority is to make adequate provision in this regard. U.K.

8. However, when official auxiliaries carry out only sampling and analysis in connection with examinations for trichinosis, the competent authority need only ensure that they receive training appropriate to these tasks.] U.K.

Editorial Information

X1 Substituted by Corrigendum to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (Official Journal of the European Union L 139 of 30 April 2004).

(1)

[X1 [F2 OJ 121, 29.7.1964, p. 1977/64 .] ]

Editorial Information

X1 Substituted by Corrigendum to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (Official Journal of the European Union L 139 of 30 April 2004).

Textual Amendments

F2 Substituted by Commission Implementing Regulation (EU) No 739/2011 of 27 July 2011 amending Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of officials controls on products of animal origin intended for human consumption (Text with EEA relevance).