In these Regulations—

• “the 1994 Regulations” means the Pig Carcase (Grading) Regulations (Northern Ireland) 19946;

• “the 2005 Regulations” means the Beef Carcase (Classification) Regulations (Northern Ireland) 20057;

• “adult bovine animal” means a bovine animal the live weight of which is more than 300 kilograms;

• “approved body” means the LMC or any other body approved by the Department;

• “approved slaughterhouse” means an establishment used for slaughtering and dressing adult bovine animals or pigs, the meat of which is intended for human consumption, and which—

  1. a

     is approved or conditionally approved under Article 31(2) of Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules8, or

  2. b

     (although lacking the approval or conditional approval that it requires under Article 4(3) of Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin9) was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 199710;

• “authorised officer” means a person authorised by the Department for the purposes of these Regulations;

• “bovine carcase” means a carcase or half-carcase of a slaughtered adult bovine animal bearing a health mark provided for in Article 5(2) of, and Chapter III of Section I of Annex I to, Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption11; and in this definition, “carcase” means the whole body as presented after bleeding, evisceration and skinning, and “half-carcase” means the product obtained by separating such a carcase symmetrically through the middle of each cervical, dorsal, lumbar and sacral vertebra and through the middle of the sternum and the ischiopubic symphysis;

• “classification”, except as otherwise indicated in regulation 5, means—

  1. a

     the classification of bovine carcases in accordance with the European beef provisions, or

  2. b

     the classification of pig carcases in accordance with the European pig provisions,

  as the case may be, and cognate terms are to be construed accordingly;

• “clean pig” means a pig which has not been used for breeding;

• “Commission Regulation” means Commission Regulation (EC) No. 1249/2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof;

• “Council Regulation” means Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;

• “electronic communication” has the same meaning as in the Electronic Communications Act (Northern Ireland) 200112;

• “European beef provision” means a provision which is specified in column 2 of Schedule 1, the subject matter of which is described in column 3 of that Schedule;

• “European pig provision” means a provision which is specified in column 2 of Schedule 2, the subject matter of which is described in column 3 of that Schedule;

• “LMC” means the Livestock and Meat Commission for Northern Ireland13 established under section 1 of the Livestock Marketing Commission Act (Northern Ireland) 196714

• “operator” means a person carrying on the business of a an approved slaughterhouse;

• “pig carcase” means the body of a slaughtered clean pig, bled and eviscerated, whole or divided down the mid-line;

• “prescribed communication” means a communication of the results of classification as required by Article 7(1) of the Commission Regulation; and

• “the Department” means the Department of Agriculture and Rural Development.

The Interpretation Act (Northern Ireland) 195415 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Other terms used in these Regulations that are also used in the Commission Regulation or the Council Regulation have the meaning they bear in those Regulations.

Any notice required or authorised under these Regulations to be given to any person must be in writing.

For the purposes of this regulation and section 24 of the Interpretation Act (Northern Ireland) 1954 (Service of documents) in its application to this regulation, the proper address of any person to whom a notice is to be given is the person’s last known address.

Paragraph (5) applies if a person to be given a notice under these Regulations has specified an address (“the specified address”) within the United Kingdom other than their proper address (as decided under paragraph (3)) as the one at which they, or someone on their behalf, will accept documents of the same description as a notice given under these Regulations.

The specified address is also to be treated for the purposes of this regulation and section 24 of the Interpretation Act (Northern Ireland) 1954 in its application to this regulation as the person’s proper address.

Every person who on 6^th August 2010 is, or who on a subsequent date becomes, an operator, must within 28 days of that date give notice to the Department of the particulars specified in paragraph (3).

Where any change occurs in any of the particulars specified in paragraph (3), the operator must within 28 days of the change give notice to the Department of particulars of the change.

Where an approved slaughterhouse ceases to be such a slaughterhouse its operator must within 10 days of such cessation give notice to the Department of the date of such cessation.

A small-scale bovine operator is not required to classify bovine carcases.

These Regulations do not apply to a small-scale bovine operator which does not classify bovine carcases.

But if a small-scale bovine operator chooses to classify bovine carcases, these Regulations apply in relation to that operator and the classification of those carcases.

In paragraphs (2) and (3), “classify” means classify in accordance with the European beef provisions or otherwise than in accordance with those provisions, and “classification” is to be construed accordingly.

In this regulation, “small-scale bovine operator” means an operator of an approved slaughterhouse at which not more than 75 adult bovine animals per week as an annual average are slaughtered.

Nothing in this regulation prevents the application of these Regulations to an operator in relation to pig carcases if pigs are also slaughtered in that operator’s slaughterhouse.

The Department is responsible for on-the-spot checks as described in Article 11 of the Commission Regulation.

The Department must grant a licence to carry out classification of bovine carcases to any person who applies for such a licence and who appears to the Department to be qualified to carry out classification, but the Department may refuse to grant such a licence if the Department is satisfied that the applicant is not a fit and proper person to carry out classification of bovine carcases.

Where the Department takes any decision in relation to a licence under this regulation which gives rise to a right of appeal under regulation 10, the Department must inform the person concerned of the right of appeal.

The Department may grant, to the operator of an approved slaughterhouse, a licence authorising the use of automated grading equipment for classification of bovine carcases at that slaughterhouse.

Where the Department takes any decision in relation to a licence under this regulation which gives rise to a right of appeal under regulation 10, the Department must inform the person concerned of the right of appeal.

A person may, within 21 days of the notification of a decision to which this regulation applies, appeal against that decision to a magistrates’ court.

The procedure is by way of complaint for an order, and the Magistrates’ Courts (Northern Ireland) Order 198119 applies to the proceedings.

On an appeal the court may either cancel or affirm the decision and, if the court affirms the decision, it may do so either in its original form or with such modifications as the court thinks fit.

An operator of an approved slaughterhouse must keep a record of the particulars specified in Schedule 3 relating to each bovine carcase which is classified in that slaughterhouse.

The operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates.

An approved body may, under an agreement with the occupier, carry out the classification requirements in respect of bovine carcases at an approved slaughterhouse occupied by him.

Where an agreement is made under paragraph (1) the approved body shall immediately give written notice to the Department of that agreement.

The approved body shall as soon as is reasonably practicable after carrying out classification requirements provide the occupier with the particulars specified in paragraphs 1, 3 and 5 of Schedule 3 and any other details relating to those classification requirements as the occupier may reasonably require so as to enable him to give the prescribed communication and to comply with regulation 11.

Where the approved body suspends or revokes an agreement under paragraph (1), it shall immediately give written notice to the occupier and the Department of that fact.

Where the occupier suspends or revokes an agreement under paragraph (1), he shall immediately give written notice to the approved body and the Department of that fact.

These Regulations do not apply to an operator of an approved slaughterhouse at which not more than 200 clean pigs per week as an annual average are slaughtered.

But nothing in paragraph (1) prevents the application of these Regulations in relation to bovine carcases if adult bovine animals are also slaughtered in that operator’s slaughterhouse.

The Department is the competent authority for the purposes of Article 22(2) of the Commission Regulation (carcase weight).

The Department is responsible for on-the-spot checks as described in Article 24 of the Commission Regulation.

An operator of an approved slaughterhouse must keep a record of the particulars specified in Schedule 4 relating to each pig carcase which is classified in that slaughterhouse.

The operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates.

The officer may be accompanied by such other persons as the officer considers necessary, including any representative of the European Commission.

A warrant granted under this regulation continues in operation for 3 months.

An officer who enters any unoccupied premises, or premises in which the operator is temporarily absent, must leave them as effectively secured against unauthorised entry as they were before entry.

If the Department (“D”) has reason to believe that a person (“P”) has committed an offence under these Regulations, D may give P a notice (an enforcement notice) in accordance with paragraph (2).

Any person who contravenes or fails to comply with an enforcement notice is guilty of an offence.

A person may appeal to a magistrates’ court against an enforcement notice if that person has reason to believe that the notice should not have been given.

A person may appeal within 21 days beginning with the date on which the notice was given.

The procedure is by way of complaint for an order, and the Magistrates’ Courts (Northern Ireland) Order 1981 applies to the proceedings.

On an appeal the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court thinks fit.

In this regulation, “Part 2 European beef provision” means a provision of the Commission Regulation which is specified in column 2 of Part 2 of Schedule 1.

Any person who makes an alteration to a licence granted under regulation 8 or 9 is guilty of an offence.

Any person who fails to comply with any requirement of regulation 11 (records: bovine carcases) or regulation 16 (records: pigs carcases) is guilty of an offence.

Proceedings for an offence under regulation 19(3), 21, 22, 23, 24, 25(1) or 26 may be brought within a period of 12 months from the date on which the prosecutor first knows of evidence sufficient, in the prosecutor’s opinion, to justify proceedings.

But no such proceedings may be brought more than 18 months from the commission of the offence.