Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997

Issue of licences

4.—(1) A person shall not use any premises as a slaughterhouse, a cutting premises, a re-packaging centre, a cold store, a farmed game handling facility or a farmed game processing facility unless those premises are licensed by the Department.

(2) Subject to paragraph (11) the Department on an application made to it under this regulation—

(a) shall license the premises to which the application relates—

(i) as a slaughterhouse if it is satisfied that the premises comply with the requirements of Schedules 1 and 2 or, as a low throughput slaughterhouse if it is satisfied that it complies with the requirements of Schedule 5 and (in either case) if it is satisfied that the method of operation in those premises complies with the requirements of Schedules 7 to 10 and that there is no significant risk either that facilities for inspection under Schedule 10 will be denied or that any fresh meat or blood rejected under that Schedule will be used for human consumption;

(ii) as cutting premises if it is satisfied that the premises comply with the requirements of Schedules 1 and 3 or as low throughput cutting premises if it is satisfied that they comply with the requirements of Part I of Schedule 5, and (in either case) if it is satisfied that the method of operation in those premises complies with the requirements of Part I of Schedule 7 and Schedule 11;

(iii) as a cold store if it is satisfied that the premises comply with the requirements of Schedules 1 and 4 and that the method of operation in those premises complies with the requirements of Part I of Schedule 7 and Schedule 14 and as a cold store storing frozen meat if it is satisfied that it complies with Schedule 15;

(iv) as a farmed game handling facility if it is satisfied that the premises and the method of operation in those premises comply with the requirements of Part I of Schedule 6 and paragraphs 3 to 5 of Schedule 8;

(v) as a farmed game processing facility if it is satisfied that the premises and the method of operation in those premises comply with the requirements of Part II of Schedule 6 or as a low throughput farmed game processing facility if it is satisfied that it complies with the requirements of Part III of Schedule 6 and (in either case) if it is satisfied that the method of operation in those premises complies with the requirements of Schedules 7, 9 and 10 and that there is no significant risk either that facilities for inspection under Schedule 10 will be denied or that any farmed game meat or blood rejected under that Schedule will be used for human consumption; or

(vi) as a re-packaging centre if it is satisfied that the premises comply with Schedule 1 and that the method of operation in those premises complies with Schedules 7, 13 and 14; and

(b) shall refuse so to license those premises if it is not so satisfied.

(3) Each application for a licence under this regulation shall be made in writing to the Department by the owner or occupier of, or a person proposing to occupy, the premises to which the application relates.

(4) The Department shall notify the applicant in writing of its decision on the application.

(5) If it refuses a licence, it shall notify the applicant in writing of its reasons for refusal.

(6) Any licence granted in respect of any premises under this regulation shall be subject to the condition that any significant alteration to the premises, or the equipment or method of operation in those premises, shall comply with the requirements of these Regulations.

(7) In granting a licence in respect of any mobile slaughterhouse the Department may make it subject to the condition that the mobile slaughterhouse shall be used only in conjunction with the static unit or units specified in the licence.

(8) In granting a licence in respect of any premises the Department may make it subject to conditions as to the type or species of animal which may be slaughtered or processed there.

(9) In granting a licence in respect of low throughput premises the Department may make it subject to conditions—

(a) as to the maximum limits of throughput; and

(b) as to the persons to whom meat from the premises may be sold or supplied.

(10) In granting a licence in respect of a cold store the Department may make it subject to the condition that fresh meat shall be stored only in one or more specified storage chambers or that the cold store shall store only fresh meat which is packaged.

(11) Where the Department has granted any premises a temporary derogation in accordance with Council Directive 91/498/EEC(1) in respect of one or more of the requirements specified in Schedules 1 to 6, those requirements shall not apply to the premises until such date as the Department may specify.

(12) In low-throughput slaughterhouses—

(a) while not exceeding the yearly limit of 1,000 livestock units, the weekly rate of 20 units per week may be exceeded to enable the slaughter of lambs and kids for religious festivals, provided that the OVS is present at the time of slaughter, the appropriate hygiene requirements are met and the meat is not frozen before being sold; and

(b) where different operators slaughter on their own account at separate times during the week, or where an operator slaughters on behalf of any butcher operating on his own account, the yearly limit and weekly rate applicable to premises may be increased to 1,500 and 30 respectively, provided that the following conditions are satisfied—

(i) the Department is satisfied that the hygienic operation of the premises is not compromised thereby;

(ii) all operators of the premises have received training in production hygiene which the Department deems, and has confirmed in writing as, satisfactory;

(iii) the animals to be slaughtered are the property of the operator carrying out the slaughter or of the butcher referred to above;

(iv) the meat is obtained in premises which meet the requirements of Schedule 5; and

(v) the meat obtained is supplied only to establishments belonging to the butcher referred to above or sold at the premises otherwise than for the purpose of resale.

(13) Any person who is aggrieved by the imposition by the Department of a licence condition, may appeal against that decision to a court of summary jurisdiction in accordance with the provisions of Article 37(2) of the Order.

(14) Where any premises licensed as a low throughput slaughterhouse or low throughput cutting premises are undergoing alterations on the basis of a restructuring plan approved by the Department with the aim of obtaining a licence as a slaughterhouse or cutting premises, the Department may determine the maximum throughput of those premises according to the progress of the alteration works.

(1)

O.J. No. L.268, 24.4.91, p. 105