The Fresh Meat (Hygiene and Inspection) Regulations 1995

Powers of OVSs and veterinary officers

10.—(1) Where it appears to an OVS that in respect of any premises—

(a) any of the requirements of these Regulations as to hygiene is being breached; or

(b) adequate health inspection in accordance with these Regulations is being hampered,

he may, by notice in writing given to the occupier of the premises—

(i) prohibit the use of any equipment or any part of the premises specified in the notice; or

(ii) require the rate of operation to be reduced to such an extent as is specified in the notice,

and the occupier shall comply with the notice.

(2) A notice given under paragraph (1) above shall be given as soon as practicable and shall state why it is given.

(3) If it is given under paragraph (1)(a) above, it shall specify the breach and the action needed to remedy it.

(4) Such a notice shall be withdrawn by a further notice in writing given to the occupier of the premises as soon as an OVS is satisfied that such action has been taken.

(5) So long as such a notice is in effect, the licence in respect of the premises shall be treated as being altered by the addition of the requirements specified in the notice and the other provisions of the licence shall be subject to those requirements.

(6) Subject to paragraph (8) below, an OVS, or a veterinary officer may subject any animal or any carcase or meat in any premises to such examinations (including the taking and analysis of samples) as he may reasonably consider to be necessary for the protection of public health.

(7) Subject to paragraph (8) below, an OVS, veterinary officer or inspector may, by notice in writing given to the occupier of any such premises, state that he requires to examine an animal, carcase or meat specified in the notice on the premises.

(8) The powers conferred by paragraphs (6) and (7) above are not exercisable in relation to any animal, carcase or meat not intended for sale for human consumption.

(9) Once a notice under paragraph (7) is received, the occupier shall detain the animal, carcase or meat until such time as he is informed in writing by the OVS or veterinary officer (as the case may be) that the result of the examination has been obtained.

(10) A veterinary officer may at any time give to an OVS such reasonable directions as he may consider necessary so as to ensure that the OVS performs his functions under these Regulations, and the OVS shall comply with any such directions.

(11) A person who is aggrieved by a decision of an OVS pursuant to paragraph (1) above may appeal to a magistrates' court or, in Scotland, to the sheriff.

(12) Section 37(3) to (6) of the Act shall have effect in relation to an appeal under this regulation as they have effect in relation to an appeal under that section but with the omission

(a) of the references to appeals for which provision is made by regulations under section 37(2); and

(b) of subsection (5)(b) and the word “or” immediately preceding it.