The Bovine Products (Restriction on Placing on the Market) (Scotland) (No. 2) Regulations 2005

Prospective

Interpretation S

2.  In these Regulations–

“the Agency” means the Food Standards Agency;

“animal feed” and “human food” have the meanings that they respectively bear in Regulation 999/2001;

“authorised officer”, in relation to the relevant enforcement authority, means any person appointed, or deemed to be appointed, by that authority under regulation 4;

“bovine animal” includes–

(a)

buffalo of the species Bubalus bubalis; and

(b)

Bison bison;

“cutting plant” means an establishment which is used for boning and/or cutting up fresh meat for placing on the market as defined in Article 3.8 of Regulation 178/2002 and which–

(a)

is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or

(b)

(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, licensed as cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations 1995(1)

“cutting up” has the meaning that it bears in Regulation 853/2004;

“Directive 2004/41”, “Regulation 999/2001”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004” and “Regulation 1688/2005” have the meanings respectively given to them in the Schedule;

“establishment” has the meaning given in Article 2.1(c) of Regulation 852/2004 ;

“fertilisers” has the meaning given in Article 3.1(k) of Regulation 999/2001;

“fresh meat” means meat that has not undergone any preserving process other than chilling, freezing or quick–freezing, including meat that is vacuum–wrapped or wrapped in a controlled atmosphere;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(2);

“material” and “product” shall respectively be construed in accordance with the meanings that “materials” and “products” bear in Commission Decision 2005/598/EC prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1st August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No. 999/2001(3);

“meat” means edible parts of a bovine animal including its blood;

“meat preparations” has the meaning given in point 1.15 of Annex I to Regulation 853/2004;

“meat product” shall be construed in accordance with the definition of the term “meat products” in point 7.1 of Annex I to Regulation 853/2004;

“mechanically separated meat” has the meaning given in point 1.14 of Annex I to Regulation 853/2004;

“minced meat” has the meaning given in point 1.13 of Annex I of Regulation 853/2004;

“official auxiliary” means a person who is qualified in accordance with Regulation 854/2004 to act in such a capacity, is appointed by the Agency and works under the authority and responsibility of an official veterinarian;

“official veterinarian” means a veterinarian who is qualified in accordance with Regulation 854/2004 to act in such a capacity and is appointed by the Agency;

“place on the market” means sell, supply in any other way against payment or free of charge and store with a view to supply against payment or free of charge and “placed on the market” shall be construed accordingly;

“the relevant enforcement authority” means the authority which by virtue of regulation 8 has the duty of executing and enforcing these Regulations; and

“slaughterhouse” means an establishment used for slaughtering and dressing bovine animals, the meat of which is intended for human consumption and which–

(a)

is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or

(b)

(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995.

Commencement Information

I1 Reg. 2 in force at 1.1.2006, see reg. 1(1)

(1)

S.I. 1995/539, revoked with effect from 1st January 2006 by S.S.I. 2005/470.

(2)

1994 c. 39. Section 2 was amended by the Environment Act 1995, Schedule 22, paragraph 232.

(3)

O.J. No. L 204, 5.8.05, p.22.