Explanatory Note
(This note is not part of the Regulations)
These Regulations, which apply in Northern Ireland only, revoke and remake the provisions of the Beef and Pig Carcase Classification Regulations (Northern Ireland) 2010, consequent to the repeal of Commission Regulation (EC) No 1249/2008 (OJ No L 337, 16.12.2008, p 3). The Regulations enforce—
— Article 10 of, and Annex IV to, Regulation (EU) No 1308/2013 of the European Parliament and of the Council (OJ No L347, 20.12.2013, p 671), which relate to European Union scales for the classification of carcases; and
— Commission Delegated Regulation (EU) 2017/1182 (OJ No L171, 4.7.2017, p 74) (the Commission Delegated Regulation); and Commission Implementing Regulation (EU) 2017/1184 (OJ No L171, 4.7.2017, p 103) (the Commission Implementing Regulation) which sets out further details regarding the implementation of those scales.
The Regulations relate to the carcases of adult bovine animals (being animals aged eight months or more) and pigs.
Regulation 5 requires notifications to be made to the Department by operators of slaughterhouses which slaughter adult bovine animals or pigs. However, the regulations do not apply to small-scale bovine operators slaughtering fewer than 150 adult bovine animals per week as an annual average, unless they choose to classify bovine carcases (regulation 6); or to the operators of slaughterhouses at which fewer than 500 clean pigs per week as an annual average are slaughtered, unless they choose to classify pig carcases (regulation 13).
The Regulations provide for a licensing system for anybody who visually classifies bovine carcases and for the licensing of slaughterhouses using automated grading equipment for classifying such carcases (regulations 9 to 11). Breach of the licensing requirements is an offence (regulation 26).
The classification of pig carcases must be carried out using an authorised grading method and grading techniques operated by qualified personnel (regulation 15). Breach of this requirement is an offence (regulation 27). An operator may, instead of marking a pig carcase, keep a record concerning its classification (regulation 16)
Operators of approved slaughterhouses are required to keep records relating to bovine and pig carcases respectively (regulations 12 and 17 and Schedules 3 and 4).
Part 5 of the Regulations concerns enforcement, and makes provision relating to the powers of authorised officers, enforcement notices and criminal proceedings. Regulations 21(3) and 23 to 29 set out the offences under the Regulations, which are all punishable on summary conviction by a fine not exceeding level 5 on the standard scale, except for offences under regulation 28(2) or (3) (false marks).
In particular, regulations 23 and 24 provide that breach of specified provisions of European Union legislation is an offence, namely European beef provisions set out in Schedule 1 and European pig provisions set out in Schedule 2. The provisions specified in Schedules 1 and 2 include requirements for recording and reporting market prices for bovine and pig carcases respectively.
A full impact assessment has been produced and is available on the DAERA website at the following link: https://www.daera-ni.gov.uk/node/35792 .