The Meat (Official Controls Charges) Regulations (Northern Ireland) 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations revoke and replace the Meat (Official Controls Charges) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 89). N.I.

2.  These Regulations provide for the execution and enforcement in relation to Northern Ireland of Articles 26 and 27 of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ No. L165, 30.4.2004, p.1; the revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum, OJ No. L191, 28.5.2004, p.1, which should be read with a further Corrigendum, OJ No. L204, 4.8.2007, p.29), in so far as those provisions— N.I.

(a) require or, in the case of certain types of poultry (eg quail) permit, fees to be collected in respect of official controls performed under 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 (OJ No. L139, 30.4.2004, p.206; the revised text of Regulation (EC) No. 854/2004 is now set out in a Corrigendum, OJ No. L226, 25.6.2004, p.83, which should be read with a further Corrigendum, OJ No. L204, 4.8.2007, p.26) at slaughterhouses, game-handling establishments and cutting plants for the verification of compliance with the provisions of Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (OJ No. L139, 30.4.2004, p.55; the revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum, OJ No. L226, 25.6.2004, p.22, which should be read with a further Corrigendum, OJ No. L204, 4.8.2007, p.26) in so far as they apply in relation to meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game and meat of wild game;

(b) require fees to be collected to cover the costs occasioned by official controls performed at slaughterhouses to verify compliance with the animal welfare rules set out in Council Directive 93/119/EC on the protection of animals at the time of slaughter or killing (OJ No. L340, 31.12.93, p.21) in so far as they apply in relation to animals slaughtered for human consumption at slaughterhouses;

(c) permit fees to be collected to cover the costs occasioned by official controls performed outside the slaughterhouse where domestic ungulates have been slaughtered outside the slaughterhouse having suffered accidents that for welfare reasons prevent their transport to the slaughterhouse;

(d) permit fees to be collected to cover the costs occasioned by official controls performed where certain kinds of poultry are slaughtered on farm; and

(e) permit fees to be collected to cover the costs occasioned by official controls performed at the place of origin of farmed ratites, certain farmed game mammals and bison where for safety or animal welfare reasons the animals concerned are slaughtered there, rather than at a slaughterhouse.

3.  These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 (1972 c.68) and any reference to a Community instrument defined in Schedule 1 is to be construed as a reference to that instrument as amended from time to time. N.I.

4.  These Regulations — N.I.

(a) require the Agency to notify each operator who is carrying on a food business at any slaughterhouse, game-handling establishment, cutting plant, farm or place of origin at which official controls have been exercised of the official controls charge that has arisen in relation to those officials controls (the terms “slaughterhouse”, “game-handling establishment”, “cutting plant”, “place of origin”, “official controls” and “official controls charge” are all defined in regulation 2(1) (regulation 3);

(b) provide that any official controls charge so notified is payable by the operator to the Agency on demand (regulation 3);

(c) allow the Agency to refuse to exercise any further official controls at given premises where, despite a Court order requiring the operator of the premises to pay the official controls charge for which he is liable, he fails to comply with the order (regulation 4);

(d) require persons to supply the Agency on demand —

(i) with such information as it may reasonably require for the purpose of calculating the official controls charge or notifying the operator of it, and

(ii) with such evidence as it may reasonably require to enable it to verify that information (regulation 5);

(e) make provision as to the service of any such demand on the operator (regulation 5); and

(f) provide that persons to whom such a demand has been made commit an offence if —

(i) without reasonable excuse, they fail to comply within a reasonable time with the demand, or

(ii) in purported compliance with the demand, they knowingly or recklessly furnish information or evidence that is false or misleading in a material particular (regulation 5).

5.  Schedule 2 to these Regulations sets out how the official controls charge is to be calculated. N.I.

6.  An impact assessment of the effect that this rule will have on the costs of business and the voluntary sector is available on the FSA website and is annexed to the Explanatory Memorandum which is available alongside the rule on the OPSI website. N.I.