The Fresh Meat and Poultry Meat (Hygiene, Inspection and Examinations for Residues) (Charges) Regulations 1990

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“animals” means domestic animals of the following species: bovine animals (including buffalo), swine, sheep, goats and solipeds;

“appropriate Minister” means, as respects England, the Minister and, as respects Scotland and Wales, the Secretary of State;

“authorised officer” means a person authorised by a food authority to carry out a health inspection and control exercise;

“birds” means domestic fowls, turkeys, guinea-fowls, ducks and geese;

“carcase” means—

(a)

the whole body of a slaughtered animal or bird (other than an uneviscerated bird) after bleeding and dressing; or

(b)

the whole body of a slaughtered uneviscerated bird after bleeding;

“catering establishment” means a restaurant, canteen, club, public house, school, hospital or other establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, any meat or poultry meat is prepared for delivery to the ultimate consumer for immediate consumption;

“cold store” means premises used for the cold storage of meat or poultry meat intended for sale for human consumption but does not include any premises used wholly or mainly for sales of meat or poultry meat to the ultimate consumer;

“the Community standard charge” is—

(a)

in the case of each animal or bird inspected, the appropriate charge specified in column (3) in Part I of Schedule 1 opposite the animal or bird specified in column (1) in that part of that Schedule; and

(b)

in the case of unboned meat or unboned poultry meat intended for cutting up, the appropriate charge specified in column (3) in Part II of Schedule 1;

“cutting premises” means premises (whether or not forming part of a slaughterhouse) used for the purpose of cutting up any meat or poultry meat which is intended for sale for human consumption but does not include any premises used wholly or mainly for sales of meat or poultry meat to the ultimate consumer;

“cutting up” means—

(a)

in relation to meat, cutting meat into cuts smaller than half carcases cut into three wholesale cuts or boning meat;

(b)

in relation to poultry meat, cutting poultry meat carcases into cuts or boning poultry meat;

“the Decision” means Council Decision 88/408/EEC(1) on the levels of the fees to be charged for health inspections and controls of fresh meat pursuant to Council Directive 85/73/EEC(2);

“ECU” means European Currency Unit as defined in Council Regulation (EEC) No. 3180/78(3) and any amount expressed as a number of ECUs shall be converted to sterling at such rate as shall be published annually on the first working day of September in the C Series of the Official Journal of the European Communities (as specified by article 9 of the Decision);

“food authority” means—

(a)

as respects the City of London, the Common Council;

(b)

as respects any district or London borough, the council of the district or borough; and

(c)

as respects Scotland, an islands or district Council;

“health inspection and control exercise” means an inspection or supervisory function carried out by a food authority at any slaughterhouse, cutting premises or cold store—

(a)

in England and Wales, under the Fresh Meat Export (Hygiene and Inspection) Regulations 1987(4), the Meat Inspection Regulations 1987(5), the Slaughterhouses (Hygiene) Regulations 1977(6), the Poultry Meat (Hygiene) Regulations 1976(7), the Food (Hygiene) (General) Regulations 1970(8), the Food Hygiene (Docks, Carriers, etc.) Regulations 1960(9) or the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966(10);

(b)

in Scotland, under the Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987(11), the Food (Meat Inspection) (Scotland) Regulations 1988(12), the Slaughterhouse Hygiene (Scotland) Regulations 1978(13), the Poultry Meat (Hygiene) (Scotland) Regulations 1976(14) and the Food Hygiene (Scotland) Regulations 1959(15);

“meat” means the flesh or other edible parts of animals but does not include meat which has been subject to any preservation process other than chilling or freezing;

“the minimum charge” is—

(a)

in the case of each animal or bird inspected, the appropriate charge specified in column (2) in Part I of Schedule 1 opposite the animal or bird specified in column (1) in that part of that Schedule; and

(b)

in the case of unboned meat or unboned poultry meat intended for cutting up, the appropriate charge specified in column (2) in Part II of Schedule 1;

“the Minister” means the Minister of Agriculture, Fisheries and Food;

“poultry meat” means the flesh or other edible parts of birds but does not include poultry meat which has been subject to any preservation process other than chilling or freezing;

“real cost”, in relation to the carrying out of a health inspection and control exercise, means the cost of such an exercise calculated in accordance with the provisions of regulation 8;

“the residues Regulations” means the Animals and Fresh Meat (Examination for Residues) Regulations 1988(16) and the Animals and Fresh Meat (Hormonal Substances) Regulations 1988(17);

“slaughterhouse” means—

(a)

a slaughterhouse licensed by a local authority under the Slaughterhouses Act 1974(18), the Poultry Meat Hygiene Regulations 1976 or the Poultry Meat (Hygiene) (Scotland) Regulations 1976;

(b)

a slaughterhouse registered with a local authority under the Slaughter of Animals (Scotland) Act 1980(19); or

(c)

a public slaughterhouse provided by a local authority under section 15 of the Slaughterhouses Act 1974 or section 1 of the Slaughter of Animals (Scotland) Act 1980;

“ultimate consumer” means a person who purchases meat or poultry meat otherwise than—

(a)

for the purpose of resale,

(b)

for the purpose of a catering establishment, or

(c)

for the purpose of a processing business.

(2) Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

(1)

OJ No. L194, 22.7.88, p.24.

(2)

OJ No. L32, 5.2.85, p.14.

(3)

OJ No. L379, 30.12.78, p.1.

(4)

S.I. 1987/2237, amended by S.I. 1990/2493 and 1990/2486.

(5)

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

(6)

S.I. 1977/1805; relevant amending instruments are S.I. 1987/2235 and 1990/2486.

(7)

S.I. 1976/1209; relevant amending instruments are S.I. 1979/693, 1981/1168 and 1990/2486.

(8)

S.I. 1970/1172; relevant amending instrument is S.I. 1990/2486.

(9)

S.I. 1960/1602; relevant amending instrument is S.I. 1990/2486.

(10)

S.I. 1966/791; relevant amending instruments are S.I. 1966/1487 and 1990/2486.

(11)

S.I. 1987/800, amended by S.I. 1990/2625.

(12)

S.I. 1988/1484, amended by S.I. 1990/2625.

(13)

S.I. 1978/1273; relevant instruments are S.I. 1984/842, 1985/1856, 1986/1808, 1987/1957 and 1990/2625.

(14)

S.I. 1976/1221; relevant amending instruments are S.I. 1979/768, 1981/1169 and 1990/2625.

(15)

S.I. 1959/413; relevant amending instruments are S.I. 1959/1153, 1961/622, 1966/967, 1978/173 and 1990/2625.

(16)

S.I. 1988/848.

(17)

S.I. 1988/849.

(18)

1974 c. 3.

(19)

1980 c. 13.