The Fresh Meat Export (Hygiene and Inspection) (Amendment) Regulations 1990

Statutory Instruments

1990 No. 2493

FOOD

The Fresh Meat Export (Hygiene and Inspection) (Amendment) Regulations 1990

Made

10th December 1990

Laid before Parliament

11th December 1990

Coming into force

1st January 1991

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 4(1), 16(1)(b), (c), (d) and (e), 17(1), 26(1) and (3) and 48(1) of, and paragraphs 5(1) and (2) of Schedule 1 to, the Food Safety Act 1990(1) and of all other powers enabling them in that behalf; the Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to the common agricultural policy of the European Economic 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 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), hereby make the following Regulations:—

Title, commencement and extent

1.—(1) These Regulations may be cited as the Fresh Meat Export (Hygiene and Inspection) (Amendment) Regulations 1990 and shall come into force on 1st January 1991.

(2) These Regulations shall apply to England and Wales.

Amendment of principal Regulations

2.  The Fresh Meat Export (Hygiene and Inspection) Regulations 1987(4) shall be amended as follows—

(a) in regulation 7 (use of premises for production, cutting up, storage and loading of fresh meat for export) for paragraph (8) there shall be substituted the following paragraph—

“(8) Subject to regulation 8(4) and (5), the provisions of regulations 3, 6 to 8, 10 to 14 and 16A of, and of the Schedules to, the Meat Inspection Regulations 1987(5) shall not apply in relation to any export slaughterhouse.”;

(b) after regulation 16 there shall be inserted the following regulation—

“Records of inspections

16A.   Every food authority shall keep in respect of each slaughterhouse in their area a record, in such form as the appropriate Minister may require for the purpose of compliance with the provisions of Council Directive 64/433/EEC as amended(6), of the results of—

(a) ante-mortem health inspections which show that any of the conditions referred to in paragraph 3(a) or (b) of Schedule 6 exist in the animals subjected to such inspections; and

(b) post-mortem health inspections of the carcases or offal of any animals in which any such conditions have been shown to exist,

and each food authority shall supply to the appropriate Minister copies of any such records kept by them as the appropriate Minister may from time to time require.”;

(c) in Schedule 1 (conditions for the approval of export slaughterhouses), after paragraph 4 there shall be inserted the following paragraph—

“5.   Every room in the slaughterhouse in which any meat is produced, cut up, handled or stored shall have a ceiling or a roof covering with an interior surface which (in either case) is kept clean and is easy to clean.”;

(d) in Schedule 2 (conditions for the approval of export cutting premises)—

(i) in Part I, after paragraph 2 there shall be inserted the following paragraph—

“3.   Every room in the cutting premises in which any meat is cut up, handled or stored shall have a ceiling or a roof covering with an interior surface which (in either case) is kept clean and is easy to clean.”;

(ii) in Part II, in paragraph 1(d) after the words “operable by hand” there shall be inserted the words “or arm”;

(e) in Schedule 3 (conditions for the approval of export cold stores)—

(i) in paragraph 1(h), after the words “operable by hand” there shall be inserted the words “or arm”, and

(ii) after paragraph 2 there shall be inserted the following paragraph—

“3.   Every room in a cold store in which any meat is cut up, handled or stored shall have a ceiling or a roof covering with an interior surface which (in either case) is kept clean and is easy to clean.”;

(f) in Schedule 6 (ante-mortem health inspections—requirements applicable in export slaughterhouses), after paragraph 1 there shall be inserted the following paragraph—

“1A.   An animal to which the provisions of regulation 21(a) of the Slaughter of Animals (Humane Conditions) Regulations 1990(7) apply shall not be subjected to an ante—mortem health inspection in accordance with paragraph (1) above if it is not reasonably practicable for such an inspection to be carried out before it is necessary for the animal to be slaughtered in compliance with such regulation.”;

(g) for Schedule 7 (slaughter and dressing practices—requirements applicable in export slaughterhouses) there shall be substituted the following Schedule—

Regulations 2(1), 4(1)(a)(i), 7(5) and 12(1)

“SCHEDULE 7 SLAUGHTER AND DRESSING PRACTICES—REQUIREMENTS APPLICABLE IN EXPORT SLAUGHTERHOUSES

The occupier and persons engaged in the handling of meat shall ensure that—

(a) animals brought into the slaughterhall are slaughtered without delay;

(b) bleeding is completed without delay and any blood which is not immediately swilled down a drain is collected in a clean receptacle provided for that purpose and, if intended for human consumption, is so kept as to remain readily identifiable with the carcases from which it was collected until the carcases have been inspected in accordance with Schedule 8;

(c) the following are discarded immediately after slaughter:—

(i) in the case of sheep and goats, the head, including the tongue and brains, if it is not intended for human consumption;

(ii) the penis, if an authorised officer of the Council is satisfied that it shows no pathological symptom or lesion;

(d) subject to the requirements of Schedule 8, the stomachs and intestines of slaughtered animals are removed from the slaughterhall unopened, and in such a manner that they do not come into contact with the floor of the slaughterhall, as soon as possible after they have been separated from the carcase and that they are not opened or cleaned in any part of the premises which contains blood intended for human consumption or any meat other than stomachs or intestines;

(e) slaughtered animals are dressed in the following manner:—

(i) in the case of bovine animals and solipeds, by the removal of the tonsils, the hide or skin, the head (save that where retention of the ears on carcases of bovine animals is necessary for any certification purpose removal may be delayed until completion of that certification), the viscera (save that the lungs, the heart, the liver, the spleen, the mediastinum and the kidneys may remain attached to the carcase by their natural connections), the genital organs (subject to sub-paragraph (c)(ii) above), the urinary bladder, the feet up to the carpal and tarsal joints, and, in the case of lactating animals or animals that have given birth or are in advanced pregnancy, the udder and by the removal of the kidneys from their fatty and perirenal coverings;

(ii) in the case of swine, by the removal of the tonsils, the hair and bristles (where the bristles are removed by using a debristling agent the carcase must immediately afterwards be rinsed in water which is clean and wholesome) or the skin, the claws, the viscera (save that the lungs, the heart, the liver, the spleen, the mediastinum and the kidneys may remain attached to the carcase by their natural connections), the genital organs (subject to sub-paragraph (c)(ii) above), the urinary bladder, and, in the case of lactating animals or animals that have given birth or are in advanced pregnancy, the udder and by the removal of the kidneys from their fatty and perirenal coverings;

(iii) in the case of sheep and goats, by the removal of the tonsils, the skin (including that of the head except where the head is to be discarded pursuant to sub-paragraph (c) above), the head (save that where retention of the ears on carcases of sheep is necessary for any certification purpose removal may be delayed until completion of that certification), the viscera (save that the lungs, the heart, the liver, the spleen, the mediastinum and the kidneys may remain attached to the carcase by their natural connections), the genital organs (subject to sub-paragraph (c)(ii) above), the urinary bladder, the feet up to the carpal and tarsal joints, and, in the case of lactating animals or animals that have given birth or are in advanced pregnancy, the udder and by the removal the kidneys from their fatty covering;

(f) evisceration is carried out immediately and completed not later than 45 minutes after stunning or, in the case of ritual slaughter, not later than 30 minutes after bleeding or, in the case of an undressed and bled carcase brought into a slaughterhouse in accordance with regulation 19(3) of the Slaughterhouses (Hygiene) Regulations 1977(8), without delay;

(g) subject to paragraph (c) above, the organs and viscera (other than the feet) of any animal are so kept as to remain readily identifiable with the carcase until that carcase has been inspected in accordance with Schedule 8, and any samples required for residue tests under the Animals and Fresh Meat (Examination for Residues) Regulations 1988(9) have been taken, and the feet of any animal are kept available for inspection in the slaughterhouse until an authorised officer of the Council authorises their removal;

(h) carcases of solipeds, bovine animals over six months old and swine over four weeks old are split lengthwise through the spinal column and the heads of solipeds are split lengthwise before being submitted for inspection in accordance with Schedule 8 (save that in the case of swine over four weeks old and not intended for export, the carcase need not be so split, and if the carcase of a swine is not so split, the meat of that swine shall not be eligible for export) and any carcase or head is split lengthwise if an authorised officer of the Council considers it necessary for the purpose of carrying out the inspections prescribed in Schedule 8;

(i) slaughtered animals are dressed and treated in such a manner as not to prevent or hinder inspection in accordance with Schedule 8 and in particular no carcase is cut up and, subject to paragraph (c) above, no part other than the hide or skin of any slaughtered animal is removed from the slaughterhouse until the inspection prescribed in Schedule 8 has been completed and any samples required for residue tests under the Animals and Fresh Meat (Examination for Residues) Regulations 1988 have been taken, and no action is taken which might alter or destroy any evidence of disease before inspection;

(j) where the blood of several animals is collected in one receptacle the entire contents of that receptacle are regarded as unfit for human consumption if the meat of any of the animals from which the blood was collected is declared unfit for human consumption;

(k) fresh meat intended for export is placed without undue delay in refrigerated accommodation and is brought progressively to an internal temperature of not more than + 7°C for carcases, half carcases, half carcases cut into three wholesale cuts and quarter carcases and + 3°C for offal, and is subsequently kept constantly at or below that temperature;

(l) no implement is left in the meat;

(m) where back bleeding ensues upon the slaughter of an animal the pleura are not completely detached from the carcase until an authorised officer of the Council authorises removal of the pleura;

(n) fresh meat intended for freezing—

(i) is frozen without delay (which will not preclude an initial period of stabilization where appropriate),

(ii) is frozen in a hygienic manner, by a rapid method, using suitable equipment and only in rooms in the same premises where the meat was produced,

(iii) is frozen so that it reaches an internal temperature of −12°C or lower and is not stored at a higher temperature thereafter, and

(iv) is stamped legibly before freezing so as to indicate the month and year in which it is frozen or a label is attached to it after freezing indicating this or, if the meat is packaged or wrapped, the packaging or wrapping in which it is placed after freezing is marked clearly and visibly in such a way as to indicate this.”;

(h) in Part IV of Schedule 8 (post-mortem health inspections—requirements relating to swine applicable in export slaughterhouses), in paragraph 1(h) the words from and including “save that in the case of swine” to the end of that paragraph shall be omitted;

(i) in Schedule 9 (cutting practices—requirements applicable in export cutting premises), for paragraph 1(1) there shall be substituted the following paragraph—

“(1) ensure that fresh meat intended for freezing—

(i) is frozen without delay (which will not preclude an initial period of stabilization where appropriate),

(ii) is frozen in a hygienic manner, by a rapid method, using suitable equipment and only in rooms in the same premises where the meat was cut up,

(iii) is frozen so that it reaches an internal temperature of −12°C or lower and is not stored at a higher temperature thereafter, and

(iv) is stamped legibly before freezing so as to indicate the month and year in which it is frozen or a label is attached to it after freezing indicating this or, if the meat is packaged or wrapped, the packaging or wrapping in which it is placed after freezing is marked clearly and visibly in such a way as to indicate this.”; and

(j) in Schedule 13 (storage of meat-requirements applicable in export cold stores)—

(i) for paragraph 3(c) there shall be substituted the following—

“(c) handled, loaded, unloaded and stored in a hygienic manner and, in particular, that it is loaded and unloaded under cover;”,

(ii) paragraph 3(h) shall be omitted; and

(iii) after paragraph 3 there shall be inserted the following paragraph—

“3A.   The occupier shall ensure that fresh meat intended for freezing comes directly from an export slaughterhouse or export cutting premises and—

(i) is frozen without delay (which will not preclude an initial period of stabilization where appropriate),

(ii) is frozen in a hygienic manner, by a rapid method, using suitable equipment;

(iii) is frozen so that it reaches an internal temperature of −12°C or lower and is not stored at a higher temperature thereafter, and

(iv) is stamped legibly before freezing so as to indicate the month and year in which it is frozen or a label is attached to it after freezing indicating this or, if the meat is packaged or wrapped, the packaging or wrapping in which it is placed after freezing is marked clearly and visibly in such a way as to indicate this.”.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1990.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Stephen Dorrell

Parliamentary Under Secretary of State for Health

10th December 1990

David Hunt

Secretary of State for Wales

7th December 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Fresh Meat (Hygiene and Inspection) Regulations 1987, thereby implementing in part the provisions of Council Directive 88/288/EEC No. L124, 8.5.88, p.28) further amending Council Directive 64/433/EEC (OJ No. L121, 29.7.64; OJ/SE 1963—64, p.185) on health problems affecting intra-Community trade in fresh meat.

The changes of substances made to the 1987 Regulations are the inclusion of additional conditions which must be complied with before any slaughterhouse, cutting premises or cold store can be approved under those Regulations for intra-Community trade in fresh meat; in particular such conditions—

(a) require fresh meat intended for freezing prior to export to be frozen without delay (which will not preclude an initial period of stabilization where appropriate) and to be marked so as to indicate clearly the month and year in which it was frozen (regulation 2(g), (i) and (j)(iii)),

(b) require every room in a slaughterhouse, cutting premises or cold store in which any meat is produced, cut up, handled or stored to have a ceiling or roof covering which is kept clean and which is easy to clean (regulations 2(c), (d)(i)and (e)(ii)),and

prohibit the use of arm operable taps in cutting premises and cold stores for supplying washing facilities for persons working there (regulations 2(d)(ii)and (e)(i)).

The Regulations also require food authorities to keep records of ante-and post-mortem inspections carried out at slaughterhouses in their areas which show that any specified conditions exist in any of the animals inspected (regulation 2(b)).

(1)

1990 c. 16

(2)

S.I. 1972/1811.

(3)

1972 c. 68.

(4)

S.I. 1987/2237, amended by S.I. 1990/2486 and 2494.

(5)

S.I. 1987/2236, amended by S.I. 1990/2486, 2494 and 2495.

(6)

OJ No. L121, 29.7.64; OJ/SE 1963—64, p. 185; the relevant amending instrument is Council Directive 88/288/EEC, OJ No. L124, 18.5.88, p.28.

(7)

S.I. 1990/1242.

(8)

S.I. 1977/1805; to which there are amendments not relevant to these Regulations.

(9)

S.I. 1988/848, amended by S.I. 1990/2486.