The Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 431

Animals

Animal Health

The Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008

Made

27th October 2008

Coming into operation

21st November 2008

The Department of Agriculture and Rural Development, being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, makes the following Regulations in exercise of the powers conferred on it by that section.

As required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3), as last amended by Regulation (EC) No 1642/2003 of the European Parliament and of the Council(4), there has been open and transparent public consultation during the preparation of these Regulations.

Citation and commencement N.I.

1.  These Regulations may be cited as the Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008 and come into operation on 21^st November 2008.

Commencement Information

I1 Reg. 1 in operation at 21.11.2008, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations—

“animal” means any mammal;

“disease” means any of the following: Classical Swine Fever; African Swine Fever; Swine Vesicular Disease; Rinderpest; Peste des Petits Ruminants; Newcastle Disease;

“disease legislation” means any of the legislation listed in Schedule 1;

“the Diseases of Poultry Order” means the Diseases of Poultry Order (Northern Ireland) 1983(5);

“establishment” means a slaughterhouse or a game handling establishment;

“game handling establishment” means an establishment where the preparation of wild game carcases takes place;

“inspector” means, a person appointed to be an inspector for the purposes of these Regulations by the Department;

“meat” means any part of the carcase of either an animal or poultry intended for human consumption, and includes a product resulting from the processing of meat from that animal or poultry or a product resulting from the further processing of such processed meat product;

“Newcastle disease” means an infection caused by any avian strain of the paramyxovirus 1 with an intracerebral pathogenicity index in day-old chicks greater than 0.7;

“occupier” means, in relation to any premises or establishments, the occupier of those premises or establishments;

“poultry” means all species of poultry reared or kept in captivity for the production of meat or eggs for consumption, the production of other commercial products, for restocking supplies of game or for the purposes of any breeding programme for the production of these categories of birds;

“premises” means any land, building or place in business use, other than a slaughterhouse or game handling establishment;

“product” means a product resulting from the processing of untreated meat or from the further processing of such processed meat product;

“relevant date” means the date disease was confirmed at infected premises or an establishment or the date of earliest infection where the Department specifies such a date;

“slaughter” means killing for the production of food for human consumption but does not include killing wild game;

“slaughterhouse” means premises for the slaughter of any animal or poultry and includes any part of those premises used for the preparation of meat;

“supply” means supply to the final consumer or to a person who then supplies to the final consumer and includes consignment for sale;

“treated” means—

(a)

in relation to meat from a restricted animal, subjected to the treatment listed in column (1) of the table in Schedule 2 opposite the reference in column (2) to the disease which triggered the restrictions in question;

(b)

in relation to meat from disease restricted poultry, subjected to the treatment listed in column (1) of row (b) of the table in Schedule 2;

(c)

in relation to meat from a restricted animal, treated in accordance with Schedules 5 and 6 of the Foot and Mouth Disease Regulations (Northern Ireland) 2006(6);

and “untreated” must be construed accordingly;

“treatment centre” means premises designated under regulation 5 for the purpose of subjecting meat to a treatment listed in Schedule 2;

“vehicle” includes—

(a)

a trailer, semi-trailer or other thing designed or adapted to be towed by another vehicle;

(b)

a detachable part of any vehicle;

(c)

a container or other structure designed or adapted to be carried on a vehicle.

“wild game” means a wild animal which is hunted for human consumption.

(2) The Interpretation Act (Northern Ireland) 1954(7) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Commencement Information

I2 Reg. 2 in operation at 21.11.2008, see reg. 1

Restricted animal, restricted poultry and restricted meat: definitions N.I.

3.—(1) In these Regulations a “restricted animal” is an animal which is—

(a) at, in or from—

(i) suspect premises;

(ii) an establishment where a disease is suspected;

(iii) infected premises;

(iv) an establishment where a disease is confirmed;

(v) an infected area;

(vi) a protection zone; or

(vii) a surveillance zone; and

(b) of a species susceptible to the disease in respect of which restrictions at such premises, in such an area or in such a zone have been imposed.

(2) In these Regulations, “restricted poultry” is poultry which is at, in or from any of the following under the Diseases of Poultry Order (Northern Ireland) 1995(8) —

(a) suspect premises;

(b) a slaughterhouse where a disease is suspected;

(c) infected premises;

(d) a slaughterhouse where a disease is confirmed;

(e) an infected area;

(f) a protection zone; or

(g) a surveillance zone.

(3) “Suspect premises” are premises where movement restrictions are in place under disease legislation because a disease is suspected there.

(4) “Infected premises” are premises where a disease has been confirmed under disease legislation.

(5) An “infected area” is an area declared under Article 8 of the Movement of Animals (Restrictions) Order (Northern Ireland) 2004(9) in respect of a disease.

(6) A “protection zone” is an area of this name declared by the Department under disease legislation following confirmation of a disease.

(7) A “surveillance zone” is an area of this name declared by the Department under disease legislation following confirmation of a disease.

(8) “Restricted meat” is meat produced from the relevant date from a restricted animal or restricted poultry from an infected area, a protection zone or a surveillance zone that has not been treated in accordance with Schedule 2 at a designated treatment centre, and includes meat that has come into contact with such meat.

Commencement Information

I3 Reg. 3 in operation at 21.11.2008, see reg. 1

Notices N.I.

4.  A notice served under these Regulations—

(a) must be in writing; and

(b) may be amended, suspended or revoked, by a further notice, at any time.

Commencement Information

I4 Reg. 4 in operation at 21.11.2008, see reg. 1

Designation of premises, slaughterhouses and game handling establishments N.I.

5.—(1) The Department may designate any establishment or premises for the purposes of slaughtering animals or poultry, or cutting, preparing, processing, packing, wrapping, storage or treatment of meat.

(2) Designation under these Regulations—

(a) shall be in writing; and

(b) may be subject to conditions; and

(c) may be amended, suspended or revoked by a notice.

(3) Premises designated by the Secretary of State for Environment, Food and Rural Affairs, the Scottish Ministers or the National Assembly for Wales for the same purposes as they may be designated under these Regulations are designated premises for the purposes of these Regulations.

(4) In these Regulations, “designated” refers to premises and establishments which are designated under this regulation.

Commencement Information

I5 Reg. 5 in operation at 21.11.2008, see reg. 1

Slaughter of restricted animals N.I.

6.  A person shall not—

(a) move a restricted animal or restricted poultry to an undesignated slaughterhouse; or

(b) slaughter a restricted animal, or restricted poultry at an undesignated slaughterhouse, except under the authority of, and in accordance with the conditions of a licence granted by the Department.

Commencement Information

I6 Reg. 6 in operation at 21.11.2008, see reg. 1

Movement of carcases to undesignated premises N.I.

7.—(1) Subject to paragraph (2) a person shall not move or cause to be moved the carcase of—

(a) a restricted animal, or

(b) any restricted poultry to any premises or establishment unless that premises is designated.

(2) The prohibition in paragraph (1) shall not apply in relation to any movement licensed by the Department.

Commencement Information

I7 Reg. 7 in operation at 21.11.2008, see reg. 1

Separation of restricted animals and meat from such animals N.I.

8.—(1) A person moving a restricted animal must ensure that it is kept separate from other animals.

(2) A person moving restricted poultry must ensure that it is kept separate from other poultry.

(3) A person who handles, stores or moves untreated meat from a restricted animal or meat which has come into contact with such meat must keep it separate from meat from other animals.

(4) A person who handles, stores or moves untreated meat from restricted poultry or meat which has come into contact with such meat must keep it separate from meat from other poultry.

Commencement Information

I8 Reg. 8 in operation at 21.11.2008, see reg. 1

Slaughterhouses N.I.

9.—(1) The occupier of a slaughterhouse may only slaughter restricted animals or restricted poultry if the slaughterhouse is designated.

(2) The occupier of a slaughterhouse must ensure that—

(a) restricted animals are kept separate from other animals;

(b) restricted animals are slaughtered separately from other animals;

(c) restricted poultry are kept separated from other poultry;

(d) restricted poultry are slaughtered separately from other poultry;

(e) untreated meat from restricted animals is kept separate from other meat;

(f) untreated meat from restricted poultry is kept separate from other meat.

(3) The occupier of a slaughterhouse who receives restricted animals that have not been kept separate from other animals or who has not kept restricted animals separate from other animals must, on being given notice by a veterinary inspector, deal with those other animals as restricted animals.

(4) The occupier of a slaughterhouse who receives restricted poultry that have not been kept separate from other poultry or who has not kept restricted poultry separate from other poultry must, on being given notice by a veterinary inspector, deal with that other poultry as restricted poultry.

(5) The occupier of a slaughterhouse where disease is suspected or has been confirmed must detain all meat in the slaughterhouse until a veterinary inspector notifies that occupier that the inspector is satisfied that detention of all or some of that meat is no longer necessary to reduce the risk of transmission of disease.

Commencement Information

I9 Reg. 9 in operation at 21.11.2008, see reg. 1

Game handling establishments N.I.

10.—(1) The occupier of a game handling establishment may only receive restricted meat if that establishment is designated.

(2) The occupier of a game handling establishment where disease is suspected or has been confirmed must detain all meat in the game handling establishment until a veterinary inspector notifies that occupier that the inspector is satisfied that detention of all or some of that meat is no longer necessary to reduce the risk of transmission of disease.

Commencement Information

I10 Reg. 10 in operation at 21.11.2008, see reg. 1

Receipt and possession of restricted meat N.I.

11.—(1) The occupier of any premises or establishment may only receive restricted meat if that premises or establishment is designated.

(2) Any person in possession of restricted meat must keep it separate from other meat.

Commencement Information

I11 Reg. 11 in operation at 21.11.2008, see reg. 1

Marking of meat from restricted animals N.I.

12.—(1) The occupier of an establishment must ensure that restricted meat is marked in accordance with Schedule 3.

(2) A person must not be in possession or control of restricted meat unless it is marked in accordance with Schedule 3.

(3) A person must not remove a mark applied under this regulation except to enable cutting, preparing, processing, packing or treatment of the restricted meat.

(4) Any person who removes a mark applied under this regulation, other than a person treating meat at a treatment centre with a treatment listed in Schedule 2, must reapply the mark, with the appropriate plant approval number, after cutting, preparing, processing, packing or treatment of the meat.

Commencement Information

I12 Reg. 12 in operation at 21.11.2008, see reg. 1

Movement of restricted meat N.I.

13.—(1) Subject to paragraph (2), a person shall not move or cause or permit to be moved restricted meat to any premises or establishment unless that premises or establishment is designated.

(2) The prohibition in paragraph (1) shall not apply in relation to any movement licensed by the Department.

Commencement Information

I13 Reg. 13 in operation at 21.11.2008, see reg. 1

Prohibition on supply and export of meat N.I.

14.—(1) A person shall not—

(a) supply restricted meat; or

(b) export restricted meat.

(2) The prohibition in paragraph (1)(a) does not apply to restricted meat from restricted poultry intended for supply on the domestic market provided—

(a) the occupier of the slaughterhouse where the meat was produced complied with regulations 9, 11, 12 and 16(1) and (2);

(b) any person who is in possession of the meat complies with regulations11(2) and 12;

(c) the occupier of the premises where cutting, preparing, processing, packing, wrapping, storage or treatment of the meat takes place complies with regulations 12, 16(2) and (3).

(3) The “domestic market” is the market for the sale of poultry meat in England, Scotland, Wales and Northern Ireland.

Commencement Information

I14 Reg. 14 in operation at 21.11.2008, see reg. 1

Notification of the movement of restricted meat N.I.

15.—(1) The occupier of premises from which restricted meat, is moved must notify the following information to the Department in writing within 24 hours of the movement—

(a) the date of the movement;

(b) the species of animal from which the meat came;

(c) the quantity of meat moved;

(d) the address of the premises from which the meat was moved;

(e) the name and address of the occupier of those premises;

(f) the name and address of the person transporting the meat;

(g) the address of premises to which the meat was moved; and

(h) the name and address of the occupier of those premises;

(2) The occupier of any premises to which restricted meat or restricted poultry meat is moved must notify the Department in writing within 24 hours of receipt of that meat—

(a) the date of receipt;

(b) the species of animal from which the meat came;

(c) the quantity of meat moved;

(d) the address of the premises from which the meat was moved;

(e) the name and address of the occupier of those premises;

(f) the name and address of the person transporting the meat;

(g) the address of premises to which the meat was moved; and

(h) the name and address of the occupier of those premises.

Commencement Information

I15 Reg. 15 in operation at 21.11.2008, see reg. 1

Record keeping N.I.

16.—(1) The occupier of a slaughterhouse where a restricted animal or restricted poultry is slaughtered must make records of the following—

(a) the number and type of restricted animals or restricted poultry slaughtered;

(b) the date of such slaughter;

(c) the disease which caused the animals or poultry to be subject to restrictions under the disease legislation.

(2) Any person who is in possession of restricted meat must make records of the following—

(a) the quantity of restricted meat handled;

(b) the disease which caused the meat to be subject to restrictions under the disease legislation;

(c) the quantity of restricted meat placed into and removed from cold storage;

(d) the date of such movement into or out of cold storage;

(e) the quantity of restricted meat disposed of as animal by-product.

(3) The occupier of a treatment centre where restricted meat is treated must keep records of the following—

(a) the date of the treatment;

(b) the species of animal from which the meat came;

(c) the quantity of meat treated;

(d) the treatment applied.

(4) Records made under this regulation must be retained for at least 3 years from the date of the slaughter, movement or treatment to which they refer.

Commencement Information

I16 Reg. 16 in operation at 21.11.2008, see reg. 1

Requirements in relation to milk and milk products N.I.

17.—(1) The Department may declare that requirements in respect of milk and milk products apply if it considers those requirements necessary to minimise the risk of the spread of disease.

(2) “Milk and milk products” includes cows’ milk, goats’ milk, ewes’ milk and products obtained from such milk, in each case intended for human consumption.

(3) A declaration under paragraph (1)—

(a) must be in writing;

(b) may be amended by further declaration at any time; and

(c) may only be revoked by further declaration.

Commencement Information

I17 Reg. 17 in operation at 21.11.2008, see reg. 1

Restrictions relating to things moved from England, Scotland or Wales N.I.

18.—(1) Measures in these Regulations applying in respect of any thing moved from any of the premises, establishments, areas or zones referred to in regulation 3 also apply in respect of any such thing moved from equivalent premises, establishments, areas or zones in England, Scotland or Wales.

(2) This regulation only applies if the person to whom the measure applies is aware or should reasonably have been aware that the thing moved is from such premises, establishments, areas or zones.

Commencement Information

I18 Reg. 18 in operation at 21.11.2008, see reg. 1

Meat from suspect or infected premises N.I.

19.—(1) Any person who is in possession of meat from a restricted animal or restricted poultry originating from the relevant date from suspect premises, or meat that has come into contact with such meat, must detain that meat until those premises are no longer suspect premises.

(2) Paragraph (1) only applies if the person in possession of the meat is aware or should reasonably have been aware that the meat is from a restricted animal or restricted poultry originating from the relevant date from suspect premises, or is meat that has come into contact with such meat.

(3) Any person in possession of meat produced from a restricted animal or restricted poultry originating from infected premises from the relevant date, or meat that has come into contact with such meat, must destroy that meat without delay.

Commencement Information

I19 Reg. 19 in operation at 21.11.2008, see reg. 1

Tracing of meat from infected premises N.I.

20.  Any person who has owned or been in possession of meat referred to in regulation 19(3) must—

(a) use best endeavors to trace that meat; and

(b) inform the recipient of that meat, other than a consumer, that the meat is from infected premises.

Commencement Information

I20 Reg. 20 in operation at 21.11.2008, see reg. 1

Provision of reasonable assistance, information and cooperation N.I.

21.—(1) Any person to whom any requirement under these Regulations applies or who is required to give reasonable assistance or information to a person executing these Regulations must, unless he has reasonable cause, do so without delay.

(2) A person shall not deface, obliterate or remove any mark applied by an inspector under these Regulations, unless he is authorised to do so by an inspector.

Commencement Information

I21 Reg. 21 in operation at 21.11.2008, see reg. 1

Costs of compliance N.I.

22.  The costs incurred by any person in taking any action required under these Regulations, or of refraining from taking action prohibited under them, must be met by that person unless the Department directs otherwise in writing.

Commencement Information

I22 Reg. 22 in operation at 21.11.2008, see reg. 1

Default powers of Department N.I.

23.  If a person does not comply with a requirement of these Regulations, the Department may arrange for any such requirement to be complied with at the expense of that person.

Commencement Information

I23 Reg. 23 in operation at 21.11.2008, see reg. 1

Powers and duties of inspectors N.I.

24.—(1) On producing, if required, a duly authenticated document showing his authority, an inspector may, at all reasonable hours, enter any premises, establishments or vehicle for the purpose of ensuring that these Regulations are being complied with.

(2) An inspector may require a person in possession of any meat to detain that meat at a place specified by the inspector.

(3) An inspector may require a person in possession of meat to dispose of that meat.

(4) An inspector may require a person in possession of meat to treat that meat.

(5) An inspector may carry out such inquiries, examinations and tests and take such samples as he considers necessary.

(6) An inspector may mark any animal, meat or other thing for identification purposes.

(7) An inspector may, by notice served on the occupier of a slaughterhouse or game handling establishment require the marking of any meat.

(8) An inspector may, by notice served on the occupier of any premises or establishment, require the tracing of any meat that the occupier has handled.

(9) An inspector may, by notice served on the occupier of any premises or establishment, require the cleansing and disinfection of any part of those premises.

(10) An inspector may, by notice served on the person in charge of any thing, require the cleansing and disinfection of that thing.

(11) An inspector may, by notice served on the occupier of any premises or establishment or the person in charge of any animal or thing require—

(a) the isolation of the animal or thing in a specified place;

(b) the separation of any animal or thing from any other animal or thing.

(12) An inspector may inspect and copy any records (in whatever form they are held) kept under these Regulations and remove such records so they may be copied.

(13) An inspector may inspect and check the operation of any computer and associated apparatus or material used in connection with the making and keeping of records under these Regulations.

(14) An inspector may require computer records to be produced in a form which may be taken away.

[F1 (15) An inspector who enters any premises, establishment or vehicle may be accompanied by such other persons as the inspector considers necessary.]

(16) An inspector who enters unoccupied premises or an unoccupied establishment must leave them as effectively secured against unauthorised entry as he found them.

(17) Any person required by these Regulations to disinfect must use a disinfectant approved by the Department under the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 2008(10).

Textual Amendments

F1 Reg. 24(15) substituted (31.12.2020) by The Exotic Disease (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/111), regs. 1(1), 12(2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I24 Reg. 24 in operation at 21.11.2008, see reg. 1

Offences N.I.

25.  A person is guilty of an offence if, without reasonable cause, he—

(a) fails to comply with a requirement of these Regulations;

(b) obstructs any person executing these Regulations; or

(c) provides information which he knows to be false or misleading to such a person.

Commencement Information

I25 Reg. 25 in operation at 21.11.2008, see reg. 1

Penalties N.I.

26.  A person guilty of an offence under these Regulations is liable—

(a) on summary conviction to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 3 months, or both;

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.

Commencement Information

I26 Reg. 26 in operation at 21.11.2008, see reg. 1

Enforcement N.I.

27.—(1) These Regulations shall be enforced by the Department in any slaughterhouse or game handling establishment.

(2) Other than as specified in paragraph (1), these Regulations shall be enforced by the District Council, unless the Department directs otherwise.

Commencement Information

I27 Reg. 27 in operation at 21.11.2008, see reg. 1

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 27^th October 2008.

L.S.

R J Jordan

A senior officer of the Department of Agriculture and Rural Development

Regulation 2

SCHEDULE 1 N.I. Disease legislation

Commencement Information

I28 Sch. 1 in operation at 21.11.2008, see reg. 1

Title of Rule	Articles imposing restrictions on suspicion of disease	Articles imposing restrictions on confirmation of disease	Articles imposing protection and surveillance zones
The Swine Vesicular Disease Order (Northern Ireland) 1973(11)	Article 2 (applies provisions in the Foot-and-Mouth Disease Order to Swine Vesicular Disease)	Article 2 (applies provisions in the Foot-and-Mouth Disease Order to Swine Vesicular Disease)	Article 2 (applies provisions in the Foot-and-Mouth Disease Order to Swine Vesicular Disease)
The Specified Diseases (Notification) Order (Northern Ireland) 2004(12)	4	4	4
The African Swine Fever Order (Northern Ireland) 2003(13)	4 and 5	7 and 8	11
The Classical Swine Fever Order (Northern Ireland) 2003(14)	4 and 5	7 and 8	11
The Diseases of Poultry Order (Northern Ireland)1995 (15)	6	9	9
The Movement of Animals (Restrictions) Order (Northern Ireland) 2004(16)	Article 6 (insofar as restrictions are imposed in relation to a specified disease)

Regulation 2

SCHEDULE 2 N.I. TABLE

Commencement Information

I29 Sch. 2 in operation at 21.11.2008, see reg. 1

Approved meat treatments N.I.

Column (1)	Column (2)
Meat treatment	Diseases against which the treatment is effective
(a) Heat treatment in a hermetically sealed container with an F value of 3 or more (where F is the killing effect on bacterial spores: an F value of 3 means that the coldest point in the product has been heated sufficiently to achieve the same killing effect as 121°C in three minutes with instantaneous heating and chilling)	All diseases.
(b) Heat treatment at a minimum temperature of 70°C which must be reached throughout the meat	All diseases except African swine fever
(c) Heat treatment at a minimum temperature of 80°C which must be reached throughout the meat	All diseases
(d) Heat treatment in a hermetically sealed container to at least 60°C for a minimum of 4 hours during which time the core temperature must be at least 70°C for 30 minutes	All diseases except Newcastle disease
(e) Natural fermentation and maturation of not less than nine months for boneless meat resulting in the following characteristics: Water Activity (Aw) value of not more than 0.93 or a pH value of not more than 6	All diseases except Peste des Petits Ruminants and Newcastle disease
(f) Natural fermentation as in (e) but with the bone still in the meat	Classical swine fever and Swine vesicular disease
(g) Treatment of hams and loins involving natural fermentation and maturation for at least 190 days for hams and 140 days for loins	African swine fever
(h) Heat treatment ensuring a core temperature of at least 65°C is reached for the time necessary to achieve a pasteurisation value (pv) equal to or more than 40	Peste des Petits Ruminants

Regulation 12

SCHEDULE 3 N.I.

Special identification mark for untreated meat from restricted animals and Newcastle disease restricted poultry N.I.

1.  The identification mark for untreated meat from restricted animals must be— N.I.

(a) a diagonal cross, superimposed on the health mark or identification mark applied under article 5 of Regulation (EC) 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(17) or article 4 of Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulation (EC) No. 853/2004, (EC) No.854/2004 and (EC) No.882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(18), consisting of two straight lines intersecting at the centre of the stamp and enabling the information on the existing mark to remain legible, or

(b) a single oval stamp, 6.5 cm wide and 4.5 cm high, upon which the following information is legible:

[F2 (i) on its upper part the letters UK(NI);]

(ii) in the centre, the approval number of the slaughterhouse or game handling establishment;

(iii) on the lower part, the letters EC;

(iv) two straight lines crossing at the centre of the stamp in such a way that the information is not obscured;

(v) information which identifies the veterinarian who inspected the meat.

Textual Amendments

F2 Sch. 3 para. 1(b)(i) substituted (31.12.2020) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), regs. 1(3), 13

Commencement Information

I30 Sch. 3 para. 1 in operation at 21.11.2008, see reg. 1

2.  If the single oval stamp referred to in paragraph (1)(b) is used— N.I.

(a) the letters must be at least 0.8 cm high;

(b) the figures must be at least 1 cm high; and

(c) the application of the mark must be supervised by a veterinary inspector.

Commencement Information

I31 Sch. 3 para. 2 in operation at 21.11.2008, see reg. 1

3.  Restricted meat from poultry must be marked with an identification mark which is— N.I.

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 ...

(b) the mark described in the Annex to Commission Decision 2007/118/EC laying down detailed rules in relation to an alternative identification mark pursuant to Council Directive 2002/99/EC(19)

Textual Amendments

F3 Sch. 3 para. 3(a) omitted (11.4.2019) by virtue of The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/82), reg. 1, Sch. 3 para. 31(a)

F4 Word in Sch. 3 para. 3 omitted (11.4.2019) by virtue of The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/82), reg. 1, Sch. 3 para. 31(b)

Commencement Information

I32 Sch. 3 para. 3 in operation at 21.11.2008, see reg. 1

4.  The identification mark may be applied according to the methods in paragraphs 9, 10, 11 and 13 of section 1 (c) of Annex II to Regulation EC No. 853/2004 laying down specific hygiene rules for food of animal origin(20) N.I.

Commencement Information

I33 Sch. 3 para. 4 in operation at 21.11.2008, see reg. 1

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations partially transpose in Northern Ireland Articles 3 and 4 of Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (OJ No L 18, 23.1.2003, p. 11).

These Articles are also transposed by the Diseases of Poultry Order (Northern Ireland) 1995 (S.R. 1995 No.465), the Foot-and-Mouth Disease Regulations (Northern Ireland) (S.R. 2006 No.42) and the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007 (S.R.2007 No.68).

Other Articles of the Council Directive and other EC measures supplementing them are transposed by:

(a) The Official Feed and Food Controls Regulations (NI) 2006 (S.R.2006 No.2)

(b) The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2007 (S.R.2007 No.133);

(c) The Animal and Animal Products (Import and Export) Regulations (Northern Ireland) 2006 (S.R.2006 No.401);

(d) The Products of Animal Origin (Import and Export) Regulations (Northern Ireland) (1998 No.45 as amended);

(e) The Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007 (S.R.2007 No.199);and

(f) The Food Hygiene Regulations (Northern Ireland) 2006 (S.R.2006 No.3).

These Regulations also transpose, insofar as they apply to Newcastle disease, the Commission Decision 2007/118/EC establishing an alternative health mark pursuant to Directive 2002/99/EC (OJ No. L 51, 20.2.2007, p19)

These Regulations require:

(g) the marking and treatment of meat from animals sent for slaughter from premises in zones declared to control animal diseases;

(h) that such animals are sent only to slaughterhouses designated by the Department;

(i) the occupiers of premises from and to which untreated meat is moved to keep records of such movements.

Regulation 2 defines “disease” as Classical Swine Fever, African Swine Fever, Swine Vesicular Disease, Rinderpest, Peste des Petits Ruminants and Newcastle Disease.

Regulation 5 gives the Department the power to designate premises, slaughterhouses and game handling establishments. Regulation 6 prohibits the movement of restricted animals or restricted poultry for slaughter other than at designated slaughterhouse. Regulation 7 restricts the movement of carcases of restricted animals and birds. Regulation 8 requires that animals and meat subject to disease restrictions are kept separate from other animals, poultry and meat.

Regulation 9 imposes restrictions at slaughterhouses and Regulation 10 imposes restrictions at game handling establishments where diseases are suspected or confirmed.

Regulation 12 relates to the marking of meat from restricted animals and restricted poultry, Regulation 13 to the movement of such meat and regulation 14 to the supply of such meat and meat products.

Regulation 15 requires the occupier of premises from and to which meat subject to disease restrictions is moved to notify the Department and Regulation 16 imposes record keeping requirements relating to the movement of such meat.

Regulations 25 to 27 relate to offences, penalties and enforcement.

Schedule 1 sets out the legislation under which zones and areas are declared in respect of the diseases to which these Regulations relate. Schedule 2 sets out the treatments which must be applied to restricted meat. Schedule 3 sets out the meat marking requirements for restricted meat and restricted poultry.

(1)

S.I. 2000/2812

(2)

1972 c. 68

(3)

OJ No L 31, 1.2.2002, p.1

(4)

OJ No L 245, 29.9.2003, p.4

(5)

S.R. 1983 No.406 as amended by S.R.1995 No.465

(6)

S.R. 2006 No.42

(7)

1954 c.33 (N.I.)

(8)

S.R.1995 No.465, as amended by S.R.2003 No.401 and disapplied insofar as it relates to Avian Influenza by S.R.2007 No.68

(9)

S.R.2004 No.249

(10)

S.R. 2008 No.272

(11)

S.R. 1973 No.52

(12)

S.R. 2004 No.248

(13)

S.R. 2003 No.494

(14)

S.R. 2003 No.425

(15)

S.R. 1995 No.465 amended by S.R. 2003 No.401

(16)

S.R. 2004 No.249

(17)

OJ No.L 226, 25.6.2004, p.22

(18)

OJ No.L 338, 22.12.2005, p.83

(19)

OJ No.L 51, 20.02.2007, p.19

(20)

OJ No.L 226, 25.06.2004, p.22