The Poultrymeat (Wales) Regulations 2011

Regulation 2(1)

SCHEDULE 1 E+W [F1 [F2 ASSIMILATED] POULTRYMEAT PROVISIONS CONTRAVENTION OF WHICH MAY RESULT IN THE ISSUING OF A COMPLIANCE NOTICE]

Textual Amendments

F1 Sch. 1 heading substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 7(7); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in Sch. 1 heading substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Wales) Regulations 2023 (S.I. 2023/1332), regs. 1(2), 13(5)

PART 1 E+W PROVISIONS OF THE SINGLE CMO REGULATION [F3 or Regulation (EU) 2013]

Textual Amendments

F3 Words in Sch. 1 Pt. 1 heading inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 8(5)(a)

Column 1	Column 2	Column 3
[F4 Relevant provision of the Single CMO or Regulation (EU) 2013]	Provisions to be read with the provisions of the Single CMO Regulation [F5 or Regulation (EU) 2013] mentioned in column 1	Subject matter
[F6 Article 116 of the Single CMO Regulation, insofar as that provision relates to the marketing of poultrymeat]	[F7 Part B(I)(2) and (3) and (III)(1) of Annex XIV to the Single CMO Regulation and the Commission Regulation]	Prohibition on the marketing of poultrymeat except in accordance with the marketing standards laid down in [F8 Part B(I)(2) and (3) and (III)(I) of Annex XIV to the Single CMO Regulation and Part V of Annex VII to Regulation (EU) 2013] and the Commission Regulation. Quality grading.
Point III(1) of Part B of Annex XIV [F9 to the Single CMO Regulation]	Article 7 of the Commission Regulation
[F10 point III of Part V of Annex VII to Regulation (EU) 2013]	Regulation 4 of these Regulations and Point II(2) of [F11 Part V of Annex VII to Regulation (EU) 2013] in relation to fresh poultrymeat Point II(3) of [F11 Part V of Annex VII to Regulation (EU) 2013] in relation to frozen poultrymeat Point II(4) of [F11 Part V of Annex VII to Regulation (EU) 2013] in relation to quick-frozen poultrymeat Point II(6) of [F11 Part V of Annex VII to Regulation (EU) 2013] in relation to fresh poultrymeat preparation	Marketing of poultrymeat and poultrymeat preparations in a fresh, frozen or quick-frozen condition.

Textual Amendments

F4 Words in Sch. 1 Pt. 1 table substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 8(5)(b)

F5 Words in Sch. 1 Pt. 1 table inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 8(5)(c)

F6 Words in Sch. 1 Pt. 1 table substituted (20.11.2019) by The Rural Affairs and Environment (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/1408), regs. 1(2), 4(2)(a)

F7 Words in Sch. 1 Pt. 1 table substituted (20.11.2019) by The Rural Affairs and Environment (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/1408), regs. 1(2), 4(2)(b)

F8 Words in Sch. 1 Pt. 1 table substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 8(5)(f)

F9 Words in Sch. 1 Pt. 1 table inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 8(5)(g)

F10 Words in Sch. 1 Pt. 1 table substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 8(5)(h)

F11 Words in Sch. 1 Pt. 1 table substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 8(5)(i)

PART 2 E+W PROVISIONS OF THE COMMISSION REGULATION

Column 1	Column 2	Column 3
Relevant provision of the Commission Regulation	Provisions to be read with the provisions of the Commission Regulation mentioned in column 1	Subject matter
Article 3(1)	Article 3(2), (3) and (4) of the Commission Regulation	Presentation of poultry carcases.
Article 3(4), first sub-paragraph	Article 3(1) of the Commission Regulation	Composition of giblets where a poultry carcase is presented for marketing with giblets.
Article 3(4), second s ub-paragraph	Article 3(1) of the Commission Regulation	Labelling of a poultry carcase that is presented for marketing with giblets but the giblets do not include one or more of the heart, neck, gizzard or liver.
Article 3(5)	[F12 Point III(1) of Part B of Annex XIV to the Single CMO Regulation and point III of Part V of Annex VII to Regulation (EU) 2013]	Indications to be shown on certain commercial documents.
Article 4(1)	Articles 1 and 3(1) of, and Annex I to, the Commission Regulation	Names under which poultrymeat must be sold.
Article 4(2)	Articles 1(1) and (2) and 11 of the Commission Regulation	Requirement that supplemental terms do not mislead the consumer.
Article 5(1)	Articles 1 and 11 of the Commission Regulation	Restriction on the use of names to prevent confusion with the names in Article 1 of the Commission Regulation (relating to types and presentations of poultrymeat), and the indications provided for in Article 11 of the Commission Regulation (relating to types of farming method, age at slaughter and length of fattening period).
Article 5(2)	Article 5(3), (4) and (6) of the Commission Regulation, as read, in the case of Article 5(4), with Article 5(5) of that Regulation	Additional requirements relating to the labelling, presentation and advertising of poultrymeat intended for the final consumer.
Article 6	[F13 Point II(3) of Part V of Annex VII to Regulation (EU) 2013]	Temperature at which frozen poultrymeat must be stored and kept.
Article 7(1)	Point III(I) of Part B of Annex XIV to the Single CMO Regulation	Criteria to be applied when grading poultry carcases and cuts into class A or B.
Article 7(2)	Article 7(1) of the Commission Regulation	Additional criteria for grading poultry carcases and cuts as class A.
Article 10	Annex III to the Commission Regulation	Terms to describe the method by which poultrymeat has been chilled.
Article 11(1), first sub-paragraph	The second sub-paragraph of Article 11(1) of, and Annexes IV and V to, the Commission Regulation	Terms to describe particular types of farming method.
Article 11(1), third sub-paragraph	The first sub-paragraph of Article 11(1) of the Commission Regulation	Foie gras indication.
Article 11(2)	Article 1(1)(a), fourth indent and 11(1) of, and Annex V(b), (c) or (d) to, the Commission Regulation	Use of indications relating to age at slaughter and length of fattening period.
Article 12(1)	Article 11 of the Commission Regulation	Registration of producers and slaughterhouses using the special marketing terms mentioned in Article 11(1) relating to farming methods and related record-keeping obligation on slaughterhouses.
Article 12(2)	Article 12(1) of the Commission Regulation	Record-keeping by producers using the special marketing terms mentioned in Article 11(1) relating to farming methods.
Article 12(3)	Article 11(1)(a) of the Commission Regulation	Record-keeping by feed manufacturers and suppliers in respect of the composition of feed supplied to producers who are producing birds that will be marketed using the special marketing term relating to feed (“fed with .................... % .....................”).
Article 12(4)	Article 11(1)(d) and (e) of the Commission Regulation	Record-keeping by hatcheries supplying slow growing strains of birds to producers of “traditional free range” and “free-range — total freedom” birds.
Article 14, first paragraph	Article 10 and 11 of the Commission Regulation	Prohibition on imported poultrymeat bearing certain optional indications relating to method of chilling or certain types of farming unless accompanied by an official certificate.
Article 15(1)	Annexes VI and VII to the Commission Regulation	Prohibition on the marketing of frozen and quick-frozen chickens where the water content exceeds technically unavoidable values.
Article 16(1)	Annexes VI and IX to the Commission Regulation	Water content checks on carcases.
Article 16(1), second sub-paragraph	Annexes VI and XI to the Commission Regulation	Making the necessary technical adjustments when water content is above the permitted level.
Article 16(2)	Article 15(1) of, and Annexes VI and VII to, the Commission Regulation	Water content checks on frozen and quick frozen chickens.
Article 16(3)	Articles 16(1) and (2) of, and Annexes VI,VII and IX to, the Commission Regulation	Increased frequency of water content checks on frozen and quick frozen chickens.
Article 16(4)	Article 16(1) and (2) of, and Annexes VI to IX to, the Commission Regulation	Water content checks on air chilled chicken carcases.
Article 16(6)	Annex X to the Commission Regulation	Marketing of frozen and quick-frozen chickens under supervision where the water content exceeds technically unavoidable values.
Article 20(1)	Annex VIII to the Commission Regulation	Prohibition on the marketing of certain poultry cuts if the water content exceeds technically unavoidable values.
Article 20(2)(a)	Articles 16(1) and 20(1) of, and Annex IX to, the Commission Regulation	Water content checks at slaughterhouses on chicken and turkey carcases intended for use in poultry cuts.
Article 20(2), second sub-paragraph	Article 20(2)(a) and (3) of, and Annexes VI to IX to, the Commission Regulation	Water content checks on air-chilled poultry cuts.
Article 20(3)	Article 20(1) of, and Annex VIII to, the Commission Regulation	Water content checks at cutting plants on poultry cuts.
Article 20(4) in so far as it applies Article 16(3) of the Commission Regulation	Article 16(1) and (2) of, and Annexes VI, VII and IX to, the Commission Regulation	Increased frequency of water content checks on poultry cuts.
Article 20(4) in so far as it applies Article 16(6) of the Commission Regulation	Annex X to the Commission Regulation	Marketing of certain poultry cuts under supervision where the water content exceeds technically unavoidable values.

Textual Amendments

F12 Words in Sch. 1 Pt. 2 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 8(6)(a)

F13 Words in Sch. 1 Pt. 2 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 8(6)(b)

Regulation 3

SCHEDULE 2 E+W PROVISIONS OF THE COMMISSION REGULATION, CONTRAVENTION OF WHICH IS AN OFFENCE

Column 1	Column 2	Column 3
Relevant provision of the Commission Regulation	Provisions to be read with the provisions of the Commission Regulation mentioned in column 1	Subject matter
Article 4(2)	Articles 1(1) and (2) and 11 of the Commission Regulation	Requirement that supplemental terms do not mislead the consumer.
Article 5(2)	Article 5(3), (4) and (6) of the Commission Regulation, as read, in the case of Article 5(4), with Article 5(5) of that Regulation	Additional requirements relating to the labelling, presentation and advertising of poultrymeat intended for the final consumer.
Article 11(1), first sub-paragraph	The second sub-paragraph of Article 11(1) of, and Annexes IV and V to, the Commission Regulation	Terms to describe particular types of farming method.
Article 11(1), third sub-paragraph	The first sub-paragraph of Article 11(1) of the Commission Regulation	Foie gras indication.

Regulation 8(3)

SCHEDULE 3 E+W FEES FOR WATER CONTENT CHECKS

1.  In this Schedule— E+W

“Article 16(1) water content check” (“gwiriad cynhwysiad dŵr Erthygl 16(1)”) means a check of the type mentioned in the first sub-paragraph of Article 16(1) of the Commission Regulation;

“Article 16(2) water content check” (“gwiriad cynhwysiad dŵr Erthygl 16(2)”) means a check of the type mentioned in Article 16(2) of the Commission Regulation;

“Article 16(3) water content check” (“gwiriad cynhwysiad dŵr Erthygl 16(3)”) means a check of the type mentioned in the second sub-paragraph of Article 16(3) of the Commission Regulation;

“Article 20(2) water content check” (“gwiriad cynhwysiad dŵr Erthygl 20(2)”) means a check of the type mentioned in paragraph (a) of the first sub-paragraph of Article 20(2) of the Commission Regulation;

“Article 20(3) water content check” (“gwiriad cynhwysiad dŵr Erthygl 20(3)”) means a check of the type mentioned in Article 20(3) of the Commission Regulation;

“Article 20(4) water content check” (“gwiriad cynhwysiad dŵr Erthygl 20(4)”) means a check of the type mentioned in second sub-paragraph of Article 16(3) of the Commission Regulation, as applying to poultry cuts by virtue of Article 20(4) of that Regulation.

2.  The following table sets out the fees payable in respect of water content checks carried out by the Agency— E+W

Check	Fee (£)
Article 16(1) water content check	42
Article 16(2) water content check	297.02
Article 16(3) water content check	297.02
Article 20(2) water content check	42
Article 20(3) water content check	207.02
Article 20(4) water content check	207.02

3.  All fees payable under this Schedule are payable to the Agency within 28 days of the Agency giving an operator an invoice demanding the payment of the fee, beginning with the day on which the invoice is received. E+W