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Part IVConditions for the Marketing of Fresh Meat

General conditions

12.—(1) A person shall not sell fresh meat for human consumption unless—

(a)it has been obtained from licensed premises;

(b)it comes from an animal which has been subjected to an ante-mortem health inspection in accordance with these Regulations, which, following such inspection, has been passed as fit for slaughter for human consumption and, where appropriate, is accompanied by a certificate in the form set out at Schedule 20;

(c)it has been prepared under hygienic conditions in accordance with the requirements of Schedule 7;

(d)it comes from the body of an animal which has been subjected to a post-mortem health inspection in accordance with Schedule 10 and which has shown no evidence of disease or other abnormal condition, except for traumatic lesions incurred shortly before slaughter or localised malformations or pathological changes, and it is established that these do not render unfit for human consumption those parts of the carcase or offal not affected by such lesions, malformations or changes;

(e)it has been given a health mark in accordance with the requirements of Schedule 12;

(f)it is accompanied during transportation by a commercial document or by a health certificate in accordance with regulation 13;

(g)if it has been stored in a cold store, it has been stored in accordance with Schedule 14;

(h)if it is wrapped or packaged, it has been wrapped or packaged under hygienic conditions in accordance with the requirements of Schedule 13;

(i)if it is frozen, it has been frozen in accordance with the requirements of Schedule 15;

(j)if it has been transported between licensed premises, it has been transported under hygienic conditions in accordance with the requirements of Schedule 17; and

(k)if it is mechanically recovered meat, it has been handled in accordance with Council Directive 77/99/EEC.

(2) A person shall not sell for human consumption—

(a)without prejudice to paragraph 6 of Schedule 12, fresh meat which has been treated with natural or artificial colouring matters;

(b)fresh meat which has been treated with ionising or ultra-violet radiation;

(c)fresh meat from male swine used for breeding or cryptorchid or hermaphrodite swine unless such meat has undergone one of the treatments specified in Council Directive 77/99/EEC and such meat bears a special mark in accordance with the requirements of paragraph 1 of Schedule 12;

(d)fresh meat from uncastrated male swine of a carcase weight (excluding the limbs at the carpus and tarsus and the head) exceeding 80 kgs unless—

(i)a Meat Inspector has tested it for pronounced sexual odours and declared it not to have such odours; or

(ii)without prejudice to the requirement in paragraph 1(1) of Part IX of Schedule 10 for boar meat with pronounced sexual odours to be declared unfit where a Meat Inspector has detected such meat to have pronounced sexual odours, it has undergone one of the treatments specified in Council Directive 77/99/EEC and bears a special mark in accordance with the requirements of paragraph 1 of Schedule 12; or

(e)fresh meat from animals to which tenderisers have been administered.

(3) Subject to paragraph (4) a person shall not consign or sell for consignment to a relevant EEA State for human consumption—

(a)fresh meat obtained from the body of an animal referred to in regulation 17(2);

(b)fresh meat produced, cut up or stored in premises to which the Department has granted a temporary derogation, while that derogation is in force;

(c)fresh meat produced in a low throughput slaughterhouse or in a low throughput farmed game processing facility; or

(d)fresh meat cut up in any low throughput cutting premises.

(4) Paragraph (3) shall not apply to meat—

(a)forming part of a traveller’s luggage and not intended for resale; or

(b)meat sent as small packages to private persons.

(5) Paragraphs (1) and (2) shall not apply to fresh meat imported from a relevant EEA State or a third country, but fresh meat so imported shall be handled and transported in accordance with these Regulations.

(6) Paragraphs (1) and (2) shall not apply to fresh meat which was obtained, cut up or stored prior to 8th December 1997provided it is handled in accordance with these Regulations and, except in the case of fresh meat obtained, cut up or stored in premises which immediately before 8th December 1997, were approved under Council Directive 64/433/EEC(1), it is not consigned or sold for consignment to a relevant EEA State.

(7) Without prejudice to Chapter IV of Schedule 1 to the Food Safety (General Food Hygiene) Regulations (Northern Ireland) 1995 (transport of foodstuffs) paragraph 1(j) shall not apply in relation to the transportation of any fresh meat from any licensed premises on sale direct to the final consumer or to a retailer in Northern Ireland.

(1)

O.J. No. L.121, 29.7.1964, as amended and updated by Council Directives 91/497/EEC O.J. No. L.268 24.9.91, 92/5/EEC O.J. No. L.57,2.3.92, 95/23/EC O.J. No. L.243 11.10.95 and Council Decision 95/1/EC O.J. No. L.1 1.1.95