The Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987

Statutory Instruments

1987 No. 800 (S. 63)

FOOD

FOOD HYGIENE

The Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987

Made

29th April 1987

Laid before Parliament

14th May 1987

Coming into force

11th June 1987

The Secretary of State, in exercise of the powers conferred on him by section 2(2) of the European Communities Act 1972((1)) (being one of the Ministers designated((2)) for the purposes of that section in relation to the common agricultural policy of the European Economic Community), and by sections 13, 26(3) and 56 of the Food and Drugs (Scotland) Act 1956((3)), and of all other powers enabling him in that behalf, having in accordance with section 56(6) of the said Act of 1956 consulted with such organisations as appear to him to be representative of interests substantially affected by the Regulations, hereby makes the following Regulations:

Citation, extent and commencement

1.  These Regulations, which may be cited as the Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987, shall apply to Scotland and shall come into force on 11th June 1987.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires –

“the Act” means the Food and Drugs (Scotland) Act 1956;

“animals” means domestic animals of the following species: bovine animals (including buffalo), swine, sheep, goats and solipeds;

“ante-mortem health inspection” means inspection of live animals in a slaughterhouse in accordance with the requirements of regulation 8 and Schedule 6;

“carcase” means the whole body of a slaughtered animal after bleeding and dressing in accordance with the requirements of Schedule 7;

“cold store” means premises, not forming part of a slaughterhouse or cutting premises, used for the cold storage of meat intended for sale for human consumption;

“country of destination” means the Member State to which fresh meat is sent;

“cutting premises” means premises used for the purpose of cutting up meat intended for sale for human consumption, whether or not they form part of a slaughterhouse;

“cutting up” means cutting meat into cuts smaller than half carcases cut into three wholesale cuts or boning meat;

“disinfect” means to apply hygienically satisfactory chemical or physical agents or processes with the intention of eliminating micro-organisms;

“examine in detail” means to examine by making multiple deep incisions into lymph nodes;

“export” means to send to a Member State;

“export cold store” means a cold store currently approved by the Secretary of State under these Regulations for the cold storage of fresh meat for export;

“export cutting premises” means cutting premises currently approved by the Secretary of State under these Regulations for the purpose of cutting up fresh meat for export;

“export slaughterhouse” means a slaughterhouse currently approved by the Secretary of State under these Regulations for the purpose of producing fresh meat for export;

“fresh” as applied to meat means all meat which has not undergone any preserving process and which includes meat vacuum wrapped or wrapped in a controlled atmosphere; however chilled and frozen meat shall be considered to be fresh meat;

“health mark” means a mark made by or under the supervision and responsibility of an official veterinary surgeon in accordance with regulation 8 and of a kind and in the manner set out in Schedule 11;

“inspector” means a person who is qualified in accordance with regulation 18 of the Food (Meat Inspection) (Scotland) Regulations 1961((4)) and who is appointed in accordance with regulation 12(2);

“lairage” means that part of a slaughterhouse used for the confinement of animals awaiting slaughter there;

“local authority” means the council of an islands area or district and in relation to any land or premises means the local authority within whose area the land or premises is or are situated;

“meat” means the flesh or other edible part of animals;

“occupier” means any person carrying on the business of an export slaughterhouse, export cutting premises or export cold store, either together or separately;

“offal” means meat other than that of the carcase whether or not naturally connected to the carcase;

“official veterinary surgeon” means a veterinary surgeon designated by the Secretary of State;

“packing”, in relation to meat, means placing wrapped meat into a carton or similar receptacle, and “package” shall be construed accordingly;

“post-mortem health inspection” means inspection of slaughtered animals in a slaughterhouse in accordance with the requirements of regulation 8 and Schedule 8;

“sell” includes offer or expose for sale or have in possession for sale;

“slaughterhouse” means any premises used for slaughtering animals, the flesh of which is intended for sale for human consumption, and includes any place used in connection therewith but does not include any place used in connection with a slaughterhouse solely for the manufacture of bacon and ham, sausages, meat pies or other manufactured meat products, or for the storage of meat used in such manufacture;

“transhipment centre” means an export slaughterhouse or export cutting premises currently approved by the Secretary of State under these Regulations for the purpose of unloading, assembling, inspecting and loading consignments of fresh meat for export where such meat bears the health mark of other premises approved by the Secretary of State under these Regulations or the meat comes from outside Scotland and satisfies the requirements of the European Economic Community;

“veterinary officer” means a veterinary officer of the Secretary of State;

“viscera” means offal from the thoracic, abdominal and pelvic cavities, including the trachea and oesophagus;

“workroom” means any part of a slaughterhouse (other than a slaughterhall), or cutting premises, in which meat is handled, hung or stored;

“wrapping”, in relation to meat, means placing in a material which comes into direct contact with the meat.

(2) Except insofar as the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

Exemption

3.  These Regulations shall not apply to fresh meat which is exported with the authority of the country of destination and intended exclusively as supplies for international organisations and military forces stationed on its territory but serving under another flag.

Approval of premises

4.—(1) The Secretary of State on an application made to him under this regulation –

(a) shall approve the premises to which the application relates as –

(i) an export slaughterhouse if he is satisfied that the premises comply with the requirements of Schedule 1 and that the method of operation in those premises complies with the requirements of Part I of Schedule 5 and Schedules 6, 7 and 8;

(ii) export cutting premises if he is satisfied that –

(aa) in the case of premises to which the Slaughterhouse Hygiene (Scotland) Regulations 1978((5)) apply, the premises comply with the requirements of Part I of Schedule 2 and the method of operation in those premises complies with the requirements of Part I of Schedule 5 and Schedule 9, and

(ab) in the case of premises to which the Slaughterhouse Hygiene (Scotland) Regulations 1978 do not apply, the premises comply with the requirements of Schedule 2 and the method of operation in those premises complies with the requirements of Parts I and II of Schedule 5 and Schedule 9, save that such premises shall not be approved if they are situated within the curtilage of a slaughterhouse which is not approved for export;

(iii) an export cold store if he is satisfied that the premises comply with the requirements of Schedule 3 and that the method of operation in those premises can comply with the requirements of Part III of Schedule 5 and Schedule 13, and such approval may relate to particular categories of meat;

(iv) a transhipment centre if he is satisfied that the premises, being an export slaughterhouse or export cutting premises, comply with the requirements of Schedule 4; and

(b) shall refuse so to approve those premises if he is not so satisfied.

(2) Each application for the approval of any premises under this regulation shall be made in writing to the Secretary of State by the occupier of, or a person proposing to occupy, those premises.

(3) The Secretary of State shall notify the local authority in writing of each such application and shall arrange for a veterinary officer to inspect the premises named in the application and to make a report on those premises.

(4) Where a local authority have been notified under paragraph (3) of this regulation of an application for the approval of any premises, they may submit written representations relating to that application to the Secretary of State within 21 days after the receipt of such notification and shall send a copy of any representations to the applicant.

(5) Within 21 days after the receipt of a copy of any representations submitted by the local authority under paragraph (4) of this regulation the applicant may submit written observations on those representations to the Secretary of State.

(6) In determining whether or not to approve any premises under paragraph (1) of this regulation the Secretary of State shall have regard to –

(a) the report made on the premises by the veterinary officer under paragraph (3) of this regulation;

(b) any representations submitted by the local authority under paragraph (4) of this regulation; and

(c) any observations submitted by the applicant under paragraph (5) of this regulation.

(7) The Secretary of State shall notify the applicant and the local authority in writing of his decision on each application for the approval of premises under this regulation and of the reasons for any refusal to approve such premises.

(8) Any approval of any premises under this regulation shall be subject to the condition that no significant alteration shall be made to –

(a) the premises or the equipment in those premises otherwise than by way of repairs and maintenance; or

(b) the method of operation in those premises;

without the prior agreement in writing of the Secretary of State who shall have regard to any views expressed by the local authority.

(9) Following the approval of any premises as an export slaughterhouse or as export cutting premises the Secretary of State shall issue to the local authority the necessary equipment for application of the health mark.

Premises approved prior to 11th June 1987

5.  Any slaughterhouse, cutting premises, cold store or transhipment centre in respect of which approval granted by the Secretary of State for the purpose of the export of fresh meat is in force immediately prior to 11th June 1987 shall be deemed to be approved in accordance with regulation 4.

Suspension and revocation of approval

6.—(1) The Secretary of State may suspend or revoke his approval of any export slaughterhouse, export cutting premises, export cold store or transhipment centre and require the withdrawal of the equipment for the application of the health mark if after an inspection of or an enquiry into, and a report on, the premises by a veterinary officer and, in the case of revocation of approval, after consultation with the local authority and the occupier, he is satisfied in respect of these premises that the requirements of these Regulations are no longer or have not been complied with, and no action has been taken to ensure that a similar breach does not recur or that the condition attached to the approval of those premises referred to in regulation 4(8) has not been observed.

(2) The Secretary of State shall forthwith notify the occupier and the local authority of his decision under paragraph (1) of this regulation to suspend or revoke his approval of any premises, of the date on which the suspension or revocation is to take effect and of the reasons for such suspension or revocation.

(3) Any notification under paragraph (2) of this regulation shall be given in writing in the case of any revocation of approval and may be given orally or in writing in the case of any suspension of approval, and where any such notification is given orally it shall be confirmed in writing.

(4) Where the Secretary of State has suspended approval of any premises under this regulation, those premises shall be treated throughout the period of suspension as if approval had not been granted under regulation 4.

(5) Where the suspension of approval of any premises under this regulation is not expressed to end on a specified date it may, if the Secretary of State thinks fit, be ended by notice given by him to the occupier, and the Secretary of State shall notify the local authority in writing that the suspension of approval of the premises has been ended.

Use of premises for production, cutting up, storage and loading of fresh meat for export

7.—(1) No person shall use any premises as a slaughterhouse for the production of fresh meat for export unless at the time of such use those premises are currently approved by the Secretary of State as an export slaughterhouse in accordance with regulation 4(1)(a)(i).

(2) No person shall use any premises, whether or not they comprise a part of a slaughterhouse, for the purpose of cutting up fresh meat for export unless at the time of such use those premises are currently approved by the Secretary of State as export cutting premises in accordance with regulation 4(1)(a)(ii).

(3) No person shall use any premises for the cold storage of fresh meat for export where those premises do not form part of an export slaughterhouse or export cutting premises unless at the time of such use those premises are currently approved by the Secretary of State as an export cold store in accordance with regulation 4(1)(a)(iii).

(4) No person shall use any premises for the purpose of unloading, assembling, inspecting and loading consignments of fresh meat for export where such meat bears the health mark of other premises approved by the Secretary of State under these Regulations or the meat comes from outside Scotland and satisfies the requirements of the European Economic Community unless at the time of such use the first mentioned premises are an export cold store or are currently approved by the Secretary of State as a transhipment centre in accordance with regulation 4(1)(a)(iv).

(5) In any export slaughterhouse, without prejudice to the requirements of the Slaughterhouse Hygiene (Scotland) Regulations 1978, the Slaughter of Animals (Prevention of Cruelty) (Scotland) Regulations 1955((6)) and the Slaughter of Animals (Stunning Pens) (Scotland) Regulations 1963((7)), the requirements of Part I of Schedule 5 and Schedules 6, 7 and 8 shall be complied with at all times and the requirements of Schedules 11 and 14 shall be complied with whenever fresh meat for export is being produced.

(6) In any export cutting premises, without prejudice to the requirements of the Slaughterhouse Hygiene (Scotland) Regulations 1978 or the Food Hygiene (Scotland) Regulations 1959((8)), as appropriate, the requirements of Part I of Schedule 5 and Schedules 9, 10, 11, 12 and 14 shall be complied with whenever fresh meat for export is being cut up, and in the case of premises to which the Slaughterhouse Hygiene (Scotland) Regulations 1978 do not apply Part II of Schedule 5 shall also be complied with whenever fresh meat for export is being cut up.

(7) In any export cold store the requirements of Part III of Schedule 5 and Schedule 13 shall be complied with whenever fresh meat for export is in cold storage.

(8) Any area which is not approved for export purposes and is within the curtilage of an export slaughterhouse, export cutting premises or export cold store shall not be operated in such a way as to affect adversely the hygiene standards required by these Regulations.

Inspection and health marking

8.—(1) Subject to paragraph (2) of this regulation, every animal which is to be slaughtered in an export slaughterhouse shall be subjected to an ante-mortem health inspection in accordance with Schedule 6.

(2) In the case of an animal to which the provisions of regulation 14 of the Slaughter of Animals (Prevention of Cruelty) (Scotland) Regulations 1955 apply, such animal may be slaughtered in an export slaughterhouse without having been subjected to an ante-mortem health inspection if, after taking all reasonable steps to that end, the occupier is unable to secure such inspection before it is necessary in compliance with the said regulation 14 for the animal to be slaughtered.

(3) Every animal slaughtered in an export slaughterhouse shall be subjected to a post-mortem health inspection in accordance with the appropriate provisions of Schedule 8.

(4) Where fresh meat intended for export has been passed as fit for human consumption following ante-and post-mortem health inspections and is eligible for export in accordance with these Regulations, it shall be marked in accordance with the requirements of Schedule 11 and, subject to paragraph (5) of this regulation, no other meat shall be so marked.

(5) Where fresh meat is not intended for export but has been passed as fit for human consumption following ante-and post-mortem inspection and is eligible for export in accordance with these Regulations, it shall be marked in accordance with regulation 9A of, and Schedule 6 to, the Food (Meat Inspection) (Scotland) Regulations 1961((9)) except that where the owner of the meat so requests it shall be marked in accordance with the requirements of Schedule 11.

(6) Where fresh meat has been passed as fit for human consumption following ante-and post-mortem health inspections but is not eligible for export in accordance with these Regulations, it shall be marked in accordance with regulation 9A of, and Schedule 6 to, the Food (Meat Inspection) (Scotland) Regulations 1961.

(7) No person shall remove, or cause or permit to be removed, from an export slaughterhouse any blood intended for human consumption or any carcase or part of a carcase or any offal until it has been inspected in accordance with these Regulations and, in the case of fresh meat passed as fit for human consumption after inspection, until it has been marked in accordance with paragraphs (4) to (6) of this regulation.

(8) The occupier shall give the local authority not less than 24 hours' notice of the day and time on and at which fresh meat intended for export is to be cut up on, or despatched from, any export cutting premises or admitted to, or despatched from, any export cold store.

(9) Where a local authority have been given notice under paragraph (8) of this regulation they shall arrange for fresh meat intended for export to be supervised –

(a) during cutting up on, and despatch from, any export cutting premises in accordance with the requirements of Schedule 10; and

(b) during admission to, and despatch from, any export cold store in accordance with the requirements of Schedule 13.

(10) No person shall apply the health mark described in Schedule 11 except in premises currently approved by the Secretary of State as an export slaughterhouse or export cutting premises.

Health certificate

9.  The official veterinary surgeon shall sign the health certificate referred to in Schedule 14 only if he is satisfied that the fresh meat has been produced, inspected, prepared, stored and handled in accordance with the requirements of these Regulations.

Conditions for export of fresh meat

10.—(1) No person shall export or sell for export for human consumption any fresh meat being carcases, half carcases, quarter carcases, half carcases cut into three wholesale cuts or offal unless –

(a) it has been obtained from an export slaughterhouse which is supervised in accordance with regulation 12;

(b) it comes from an animal which has been subjected to an ante-mortem health inspection and following such inspection has been passed as fit for slaughter for human consumption;

(c) it has been prepared under hygienic conditions in accordance with the requirements of Schedule 5;

(d) it comes from an animal which has been subjected to a post-mortem health inspection 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 11;

(f) if it has been stored after the post-mortem health inspection, this has been done under hygienic conditions in an export slaughterhouse, export cutting premises or an export cold store which in each case is supervised in accordance with regulation 12;

(g) it is accompanied by a health certificate in accordance with the requirements of Schedule 14; and

(h) if it has been transported, this has been done under hygienic conditions in accordance with the requirements of Schedule 15.

(2) No person shall export or sell for export for human consumption any fresh meat which has been cut up unless –

(a) it has been obtained from export cutting premises which are supervised in accordance with regulation 12;

(b) it has been cut up and obtained in accordance with the requirements of Schedule 9;

(c) it comes from –

(i) fresh meat from animals slaughtered in Scotland which satisfies the requirements of paragraph 1(a), (b), (c), (d), (e), (f) and (h) of this regulation; or

(ii) fresh meat from animals slaughtered in England or Wales or Northern Ireland which satisfies the requirements of the European Economic Community; or

(iii) fresh meat imported in accordance with the requirements of the European Economic Community;

(d) it has been prepared under hygienic conditions in accordance with the requirements of Schedule 5;

(e) it has been given a health mark in accordance with the requirements of Schedule 11;

(f) if it has been stored, this has been done under hygienic conditions in an export slaughterhouse, export cutting premises or an export cold store which in each case is supervised in accordance with regulation 12;

(g) it has been subjected to supervision in accordance with the requirements of Schedule 10;

(h) if it is wrapped or packed, this has been done under hygienic conditions in accordance with the requirements of Schedule 12;

(i) it is accompanied by a health certificate in accordance with the requirements of Schedule 14; and

(j) if it has been transported, this has been done under hygienic conditions in accordance with the requirements of Schedule 15.

(3) No person shall export or sell for export for human consumption–

(a) fresh meat of animals in which any form of tuberculosis or any living or dead cysticercus bovis or cysticercus cellulosae have been found;

(b) those parts of carcases or offal showing the traumatic lesions, malformations or changes referred to in paragraph (1)(d) of this regulation;

(c) those parts of carcases or offal which have been contaminated;

(d) fresh meat which has been treated with natural or artificial colouring matters;

(e) fresh meat which has been treated with ionizing or ultra-violet radiation.

(4) Except where the country of destination has granted a general authorisation or an authorisation restricted to a specific case, no person shall export or sell for export for human consumption –

(a) fresh meat from cryptorchid or hermaphrodite swine or from boars (unless it is to undergo one of the treatments provided for in Council Directive 77/99/EEC((10)) and it bears a special mark in accordance with the requirements of Schedule 11);

(b) heads of bovine animals and fresh meat from the heads of bovine animals excluding tongues and brains;

(c) fresh meat from animals to which tenderisers have been administered;

(d) blood;

(e) fresh meat in pieces each weighing less than 100g;

(f) minced meat or meat which is similarly finely divided and mechanically recovered meat.

Admission of animals and carcases to an export slaughterhouse

11.—(1) Without prejudice to regulations 10 to 12 of the Food (Meat Inspection) (Scotland) Regulations 1961, an official veterinary surgeon may require that the accommodation or alternative method of operation and facilities referred to in paragraph 2(b) of Schedule 1 shall be used for –

(a) the slaughtering and dressing of any animal which is brought into an export slaughterhouse and which is known or suspected to be diseased or injured;

(b) the carrying out of any necessary examination performed under regulation 32(2) of the Slaughterhouse Hygiene (Scotland) Regulations 1978 on any undressed and unbled carcase which is brought into an export slaughterhouse;

(c) the dressing of any undressed and bled carcase which is brought into an export slaughterhouse.

(2) Fresh meat from any carcase which has been examined or dressed in accordance with sub-paragraphs 1(b) or (c) of this regulation shall not be eligible for export.

Supervision of approved premises

12.—(1) Each local authority shall, in relation to any export slaughterhouse, export cutting premises or export cold store, appoint for each such establishment one or more official veterinary surgeon or surgeons to provide the health certification of fresh meat intended for export in accordance with the provisions of Schedule 14 and to be responsible for the carrying out of the following functions in relation to those premises –

(a) the ante-mortem health inspection of animals;

(b) the post-mortem health inspection of slaughtered animals;

(c) the health marking of fresh meat;

(d) securing the observance of the requirements of regulation 7 and Schedules 5, 7, 9 and 12;

(e) the supervision of export cutting premises with particular reference to the functions set out in Schedule 10;

(f) securing the observance of the requirements of Schedule 15 relating to the transport of fresh meat intended for export;

(g) the supervision of export cold stores in accordance with the requirements of Schedule 13;

(h) the supervision at transhipment centres of the unloading, assembly and inspection of fresh meat and the loading of fresh meat into the vehicle in which it is to be exported.

(2) Each local authority shall, in relation to any export slaughterhouse, export cutting premises or export cold store, appoint a sufficient number of other persons to act as inspectors under the supervision and responsibility of the official veterinary surgeon in relation to the functions specified in paragraph 1(a) to (h) of this regulation.

Charges by local authorities

13.—(1) Subject to the provisions of this regulation, a local authority may make charges in respect of the function of providing health certification of fresh meat intended for export and the other functions specified in regulation 12(1)(a) to (h) of such amounts as are determined by them from time to time.

(2) Charges made in pursuance of this regulation shall relate to functions exercised in respect of individual premises within the local authority area.

(3) In determining such charges as aforesaid, the local authority shall ensure that from time to time the charges are reasonably sufficient to meet the costs of the authority which are –

(a) specified in paragraph (5) of this regulation; and

(b) necessarily incurred in exercise of the functions referred to in paragraph (1) of this regulation.

(4) In determining such charges as aforesaid a local authority shall consult with such persons or organisations as appear to them to be representative of interests substantially affected by the charges and shall provide to any such person or organisation at his or their written request a breakdown in writing of the calculation of the charges against the costs specified in paragraph

(5) of this regulation.

(5) The costs referred to in paragraph (3)(a) of this regulation are –

(a) the remuneration paid to any official veterinary surgeon or inspector engaged in exercising the functions referred to in paragraph (1) of this regulation in the premises concerned, together with related costs being employer’s National Insurance and superannuation contributions. Where an official veterinary surgeon or inspector is engaged part-time in the premises concerned, such remuneration and costs shall relate to the proportion of time actually spent in exercise of the said functions in the premises;

(b) the cost of protective clothing and equipment, including the cleaning, maintenance and repair of these items, used by an official veterinary surgeon or inspector in exercise of the said functions in the premises concerned. Where such items are not used exclusively in the premises concerned, such costs shall be apportioned according to usage;

(c) the cost of travel and subsistence incurred by an official veterinary surgeon or inspector in respect of his exercise of the said functions in relation to the premises concerned. Where such travel and subsistence does not relate exclusively to the performance of the said functions in the premises concerned, such costs shall be apportioned accordingly;

(d) the administrative costs incurred by the local authority in respect of the exercise of the said functions in the premises concerned.

Powers of entry

14.  Any person authorised in that behalf either by the Secretary of State or the local authority on producing, if so required, a duly authenticated document showing his authority, shall have a right to enter, at any reasonable time, any premises which he has reasonable cause to believe to be premises on which animals are slaughtered for export for human consumption or on which fresh meat is prepared, stored or sold for export for human consumption, for the purpose of –

(a) performing his functions under these Regulations, and

(b) ascertaining whether there is or has been on, or in connection with, the premises any contravention of the provisions of these Regulations:

Provided that admission to any premises ostensibly used only as a private dwelling-house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupant of such premises.

Obstruction

15.  No person shall wilfully obstruct a person authorised under regulation 14 who is acting in the execution of these Regulations.

Information to be provided by local authorities

16.  Each local authority shall provide the Secretary of State with such information relating to the execution of their duties under these Regulations as he may from time to time require.

Enforcement by local authorities

17.  Each local authority shall execute and enforce the provisions of these Regulations in their area with the exception of regulations 4 and 6 which shall be executed and enforced by the Secretary of State.

Offences and penalties

18.  Any person who contravenes or fails to comply with any requirement of these Regulations shall be guilty of an offence and shall be liable –

(a) on summary conviction to a fine not exceeding £2,000;

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding one year, or both.

Application of the Food (Meat Inspection) (Scotland) Regulations 1961 to export slaughterhouses

19.  The provisions of these Regulations are without prejudice to the application in relation to any export slaughterhouse of the Food (Meat Inspection) (Scotland) Regulations 1961, except that the provisions of regulations 4 to 9, 16, 17, 22 and 23 of, and Schedules 1, 2 and 4 to, the 1961 Regulations shall not apply in relation to any such slaughterhouse.

Application of enactments

20.—(1) Section 45 (which relates to contravention due to act or default of some other person), section 46 (which relates to conditions under which warranty may be pleaded as a defence) and section 47 (which relates to offences in relation to warranties and certificates of analysis) of the Act shall apply for the purposes of these Regulations as if references therein to proceedings taken or brought under that Act included references to proceedings taken or brought for an offence under these Regulations.

(2) Section 64(3) of the Local Government (Scotland) Act 1973((11)) (which relates to protection for local government officers acting in good faith) shall have effect for the purposes of these Regulations as if references therein to that Act were references to these Regulations.

Revocations

21.  The Regulations specified in Schedule 16 are revoked to the extent stated in that Schedule.

John J. MacKay

Parliamentary Under Secretary of State, Scottish Office

New St. Andrew’s House,

Edinburgh

29th April 1987

Regulations 4(1)(a)(i)and 11

SCHEDULE 1 CONDITIONS FOR THE APPROVAL OF EXPORT SLAUGHTERHOUSES

1.  The slaughterhouse shall comply with the requirements of Parts II and III (and without taking into account the provisions of regulation 57 in Part IV) of the Slaughterhouse Hygiene (Scotland) Regulations 1978.

2.  In addition the slaughterhouse shall have –

(a) a suitable, sufficient and separate room or rooms exclusively reserved for the storage of hides, skins, horns, hooves, swine bristles and fat not intended for human consumption;

(b) suitable, sufficient and separate accommodation capable of being securely locked for the slaughter and dressing of any animal which is diseased or injured or suspected of being diseased or injured, save that such accommodation need not be provided if –

(i) such diseased animals are slaughtered after completion of the slaughter of animals whose meat is intended for export;

(ii) steps are taken to prevent contamination of such meat;

(iii) the premises are cleaned and disinfected under official supervision before being used again for the slaughtering of animals intended for export; and

(iv) suitable and sufficient facilities are provided for the introduction of the carcase of an injured animal into the slaughterhall in a manner which will not prejudice the hygienic operation of the slaughterhouse;

(c) a suitable and sufficiently large refrigerated room for the cooling of and for the exclusive storage of meat prepared in an export approved slaughterhouse; the room shall be equipped with corrosion resistant fittings capable of preventing meat coming into contact with the floors and walls and, where a room is used to store meat already cooled, it shall also have a recording thermometer or recording telethermometer;

(d) a suitable, sufficiently large and adequately equipped room or rooms capable of being securely locked for the exclusive use of the official veterinary surgeon and inspectors, having regard to the number of such persons employed;

(e) sufficient and adequately equipped showers which are for the use of persons working in the slaughterhouse and are situated near the accommodation where such persons may change their clothes;

(f) facilities which will enable the inspections provided for in these Regulations to be carried out efficiently;

(g) means of controlling access to and exit from the slaughterhouse;

(h) where necessary, adequate means of steam extraction in rooms where work on meat is undertaken;

(i) a place and adequate equipment for cleansing and disinfecting vehicles;

(j) doors and door frames made of a hard wearing, non-corrodible material or, if made of wood, faced on both sides with a smooth, impermeable covering;

(k) facilities for the hygienic handling and protection of meat during loading and unloading;

(l) insulation materials which are rotproof and odourless;

(m) a separate room or rooms capable of being securely locked for the retention of meat rejected as being unfit for human consumption; except that where such meat is removed as often as may be necessary and at least daily and the quantities are not sufficient to require the provision of a separate room or rooms, then suitable and sufficient receptacles shall be provided which are capable of being securely locked; such receptacles shall be used only for holding meat rejected as being unfit for human consumption and shall be clearly marked to that effect; and any chutes used to transport meat to such receptacles shall be so constructed and installed as to enable them to be kept clean and avoid the risk of contamination of the fresh meat;

(n) suitable refrigeration equipment which will enable the internal temperature of the meat to be maintained at the level prescribed in Schedule 7; such equipment shall include drainage which must present no risk of contamination of the meat;

(o) in the accommodation where persons working in the slaughterhouse may change their clothes, surfaces of walls and floors which are smooth, washable and impermeable;

(p) on all hand washing facilities in changing rooms and rooms associated with the sanitary conveniences, taps which are not operable by hand or arm;

(q) in the lairage, walls and floors which are durable, impermeable, and easy to clean and disinfect;

(r) a suitable, sufficient and separate room exclusively reserved for the preparation and cleaning of offal other than the emptying and cleaning of stomachs and intestines and the dressing of guts and tripe and which includes a separate area for heads at a sufficient distance from other offal where these operations are carried out in the slaughterhouse other than on the slaughterline;

(s) a suitable and separate place for the packaging of offal in accordance with the requirements of Part II of Schedule 12.

3.  Water which is required to be clean and wholesome shall meet the requirements of Council Directive 80/778/EEC((12)) and records of the results of water tests and any consequent action shall be available at all times to an official veterinary surgeon or to a veterinary officer and shall be kept for a period of not less than three years. Water which is not clean and wholesome may only be used in the slaughterhouse for the purpose of fire fighting or the operation of refrigerators or steam boilers, and pipes carrying such water shall be arranged so as not to allow any such water to be used for any other purpose; and all such pipes shall clearly be distinguished from those used for potable water and shall present no risk of contamination of the fresh meat.

4.  In the case of a slaughterhouse where both swine and other animals are slaughtered, and no separate accommodation for the slaughter of swine exists, the slaughterhouse shall contain suitable and sufficient accommodation for the scalding, depilation, scraping and singeing of swine. Where such operations take place such accommodation shall be separated from the slaughter line for other species either by an open space of at least 5 metres or by a partition at least 3 metres high.

Regulation 4(1)(a)(ii)

SCHEDULE 2 CONDITIONS FOR THE APPROVAL OF EXPORT CUTTING PREMISES

PART I requirements applicable in all export cutting premises

1.  Without prejudice to the requirements of the Slaughterhouse Hygiene (Scotland) Regulations 1978 or the Food Hygiene (Scotland) Regulations 1959, as the case may be, the cutting premises shall have –

(a) suitable and sufficient refrigerated accommodation for –

(i) the reception and storage of meat; and

(ii) the separate storage of wrapped or packed meat;

(b) a room for cutting up meat in accordance with the requirements of Schedule 9 and for wrapping meat in accordance with the requirements of Part I of Schedule 12;

(c) a separate room for packing meat in accordance with the requirements of Part II of Schedule 12 except that cutting, boning, wrapping and packaging of meat may take place in the same room provided that the room is sufficiently large and so arranged that the hygiene of the operation is assured, that the rooms in which packaging and wrapping material are stored are free from dust and vermin and are not connected in any way with rooms containing substances which might contaminate fresh meat, and the requirements of paragraph 1(k) of Schedule 9 are observed;

(d) a suitable, sufficiently large and adequately equipped room or rooms capable of being securely locked for the exclusive use of the official veterinary surgeon and inspectors, having regard to the number of such persons employed;

(e) suitable storage accommodation under hygienic conditions for packaging and wrapping material;

(f) suitable, sufficient and adequately equipped rooms, not being any part of the premises which at any time contain meat, where persons working in the cutting premises may change their clothes; the surfaces of the walls and floors of such rooms shall be smooth, washable and impermeable;

(g) sufficient and adequately equipped showers which are for the use of persons working in the cutting premises and are situated near the rooms referred to in sub-paragraph (f) of this paragraph;

(h) a separate room or rooms capable of being securely locked for the retention of meat not intended for human consumption; except that where such meat is removed as often as may be necessary and at least daily and the quantities are not sufficient to require the provision of a separate room or rooms, then suitable and sufficient receptacles shall be provided which are capable of being securely locked; such receptacles shall be used only for holding meat not intended for human consumption and clearly marked to that effect and any chutes used to transport meat to such receptacles shall be so constructed and installed as to enable them to be kept clean and avoid the risk of contamination of the fresh meat;

(i) in the room referred to in sub-paragraph (b) of this paragraph, a recording thermometer or recording telethermometer;

(j) facilities which will enable the inspections and supervision provided for in these Regulations to be carried out efficiently;

(k) means of controlling access to and exit from the premises;

(l) doors and door frames made of a hard wearing, non-corrodible material or, if made of wood, faced on both sides with a smooth, impermeable covering;

(m) insulation materials which are rotproof and odourless;

(n) facilities for the hygienic handling and protection of meat during loading and unloading;

(o) suitable refrigeration equipment which will enable the internal temperature of the meat to be maintained at the level prescribed in Schedule 9; such equipment shall include satisfactory drainage which presents no risk of contamination of the meat;

(p) on all hand washing facilities in work rooms, changing rooms and rooms associated with the sanitary conveniences, taps which are not operable by hand or arm;

(q) a place and adequate equipment for cleansing and disinfecting vehicles;

(r) suitable and sufficient means of ventilation to the external air and where necessary adequate means of steam extraction.

2.  Water which is required to be clean and wholesome shall meet the requirements of Council Directive 80/778/EEC and records of the results of water tests and any consequent action shall be available at all times to an official veterinary surgeon or to a veterinary officer and shall be kept for a period of not less than three years. Water which is not clean and wholesome may only be used in the cutting premises for the purposes of fire fighting or the operation of refrigerators or steam boilers, and pipes carrying such water shall be arranged so as not to allow any such water to be used for any other purpose and all such pipes shall clearly be distinguished from those used for potable water and shall present no risk of contamination of the fresh meat.

PART II additional requirements applicable in export cutting premises not subject to the slaughterhouse hygiene (scotland) regulations 1978

Without prejudice to the requirements of the Food Hygiene (Scotland) Regulations 1959, the cutting premises shall have –

(a) a sufficient, clean and wholesome supply of water within the meaning of Council Directive 80/778/EEC available at an adequate pressure throughout the premises;

(b) a sufficient, clean, constant and wholesome supply of hot water within the meaning of Council Directive 80/778/EEC under adequate pressure available in the workrooms during working hours;

(c) satisfactory drainage, with traps for solids, which shall be maintained in proper working order;

(d) at places readily accessible to the work stations, suitable facilities adequately equipped with hot and cold or warm running water at a suitable temperature for the washing of hands by persons working in the cutting premises; any taps supplying these facilities shall not be operable by hand and disposable towels, which shall only be used once, shall be provided in a suitable container and a receptacle shall be provided for used towels;

(e) at places readily accessible to the sanitary conveniences, suitable facilities adequately equipped with hot and cold or warm running water at a suitable temperature for the washing of hands by persons working in the cutting premises; disposable towels, which shall only be used once, shall be provided in a suitable container and a receptacle shall be provided for used towels;

(f) in rooms where work on meat is undertaken, suitable and sufficient facilities, situated as close as possible to the work stations, for the cleaning and disinfection of knives and other hand tools, such facilities to be adequately supplied with water which shall be maintained at a temperature of not less than +82C;

(g) adequate protection against the entry of insects, vermin and birds;

(h) in rooms where work on meat is undertaken, adequate lighting which does not distort colours and is of an overall intensity of not less than 220 lux, save that at places where inspection of meat is normally carried out the overall intensity shall be not less than 540 lux;

(i) in the accommodation referred to in sub-paragraphs (a) and (b) of paragraph 1 of Part I of this Schedule–

(i) floors of impervious non-slip material, so constructed and kept in such good order, repair and condition as to enable them to be thoroughly cleaned; and floors in workrooms shall be laid so as to have a fall of not less than 5 centimetres in every 3 metres (i.e. a gradient of 1 in 60);

(ii) interior wall surfaces faced with smooth, durable, impervious and washable material, which shall be of a light colour, up to a height of not less than 2 metres from the floor;

(iii) rounded angles between floor and wall surfaces and between adjacent wall surfaces;

(j) equipment and fittings of a durable and impervious material other than wood, resistant to corrosion and of such construction as to enable them to be kept clean; all equipment for handling meat and for storing receptacles containing or intended to contain meat shall be so constructed that meat and the receptacles are not permitted to come into contact with the floor.

Regulation 4(1)(a)(iii)

SCHEDULE 3 CONDITIONS FOR THE APPROVAL OF EXPORT COLD STORES

1.  The cold store shall have –

(a) adequate facilities for the hygienic reception, handling, storage, inspection and despatch of meat;

(b) adequate means and procedures, including fixed apparatus for mechanical or electrical recording of temperatures, for ensuring that each storage chamber is maintained at the temperatures required by paragraph 3 of Schedule 13;

(c) adequate artificial lighting in all storage chambers;

(d) adequate changing, washing and toilet facilities; the surfaces of the walls and floors of such rooms shall be smooth, washable and impermeable;

(e) adequate facilities to ensure that meat and receptacles containing or intended to contain meat are not permitted to come into contact with the floor;

(f) adequate protection against the entry of insects, vermin and birds;

(g) interior wall surfaces faced with smooth, durable, impervious and washable material, which shall be of a light colour, up to a height of not less than the usable storage height;

(h) floor surfaces which are waterproof and rotproof;

(i) doors and door frames made of a hard wearing, non-corrodible material and, if made of wood, faced on both sides with a smooth, impermeable covering;

(j) insulation materials which are rotproof and odourless;

(k) if applicable, at places readily accessible to the work stations, suitable facilities adequately equipped with hot and cold or warm running water at a suitable temperature for the washing of hands by persons handling meat; disposable towels, which shall only be used once, shall be provided in a suitable container and a receptacle shall be provided for used towels;

(l) in rooms were unwrapped fresh meat is handled or stored, equipment and fittings must be constructed of a durable and impervious material other than wood, resistant to corrosion and capable of being kept clean;

(m) suitable refrigeration equipment which will enable the internal temperature of meat to be maintained at the level prescribed in Schedule 13; such equipment shall include satisfactory drainage which presents no risk of contamination of the meat;

(n) suitable facilities for the exclusive use of the veterinary service;

(o) an adequate number of changing rooms with smooth, waterproof, washable walls and floors, wash basins and flush lavatories, not opening directly on to the work rooms; a sufficient number of wash basins shall be provided close to the lavatories; the wash basins shall have hot and cold running water or water premixed to a suitable temperature; sufficient materials for cleaning and disinfecting hands, and disposable hand towels which can be used once only shall be provided;

(p) on all hand washing facilities in work rooms, changing rooms and rooms associated with the sanitary conveniences, taps which are not operable by hand or arm;

(q) a sufficient, clean and wholesome supply of water available at an adequate pressure throughout the premises, and a sufficient, clean, constant and wholesome supply of hot water under adequate pressure available in the work rooms during working hours; such water shall meet the requirements of Council Directive 80/778/EEC and records of the results of water tests and any consequent action shall be available at all times to an official veterinary surgeon or to a veterinary officer and shall be kept for a period of not less than three years.

2.  Water which is not clean and wholesome may be used only for the purpose of firefighting or the operation of refrigeration equipment or steam boilers, and pipes carrying such water shall be so arranged as not to allow any such water to be used for any other purpose, and all such pipes shall be clearly distinguished from those used for carrying potable water and shall present no risk of contamination of the fresh meat.

Regulation 4(1)(a)(iv)

SCHEDULE 4 CONDITIONS FOR THE APPROVAL OF TRANSHIPMENT CENTRES

The transhipment centre shall have suitable and sufficient facilities for the hygienic unloading, assembly, inspection and loading of meat, including –

(a) a suitable loading bay; and

(b) suitable and sufficient refrigerated accommodation readily accessible to the loading bay.

Regulations 4(1)(a)(i), (ii) and (iii), 7(5), (6) and (7), 10(1)(c) and (2)(d) and 12(1)(d)

SCHEDULE 5 HYGIENE REQUIREMENTS IN RELATION TO STAFF, PREMISES, EQUIPMENT AND IMPLEMENTS IN EXPORT SLAUGHTERHOUSES, EXPORT CUTTING PREMISES AND EXPORT COLD STORES

PART I requirements applicable in all export slaughterhouses and export cutting premises

1.  No person shall engage in the handling of meat if he is likely to contaminate such meat. In particular, and without prejudice to the generality of the foregoing, no person shall engage in the handling of meat if he is suffering from or suspected of suffering from, or is the carrier of, typhoid fever, paratyphoid fever or any other salmonella infection, or dysentery, infectious hepatitis, scarlet fever or any staphylococcal infection likely to cause food poisoning, or is suffering from or suspected of suffering from infectious tuberculosis or any infectious skin disease.

2.  No person shall engage in the handling of meat if he is –

(a) undertaking any other activity which may involve any risk of contamination of meat; or

(b) wearing a bandage on the hands or forearms, other than a waterproof dressing protecting a non-infected wound.

3.—(1) Every person engaged in the handling of meat shall obtain a certificate signed by a registered medical practitioner certifying that there is no objection on public health grounds to his engagement in the handling of meat, and every such medical certificate shall be produced on request to an official veterinary surgeon or to a veterinary officer.

(2) Every medical certificate referred to in sub-paragraph (1) of this paragraph shall be renewed annually unless an official veterinary surgeon requires its renewal at any other time.

4.  Every person engaged in slaughtering animals or working on or handling meat shall wash his hands with hot water and soap or other detergent frequently during the working day and each time work is started and resumed.

5.  The occupier shall ensure that all equipment and implements which come into contact with meat are kept in a good state of repair.

6.  Smoking shall be prohibited in work rooms and store rooms.

7.  The occupier shall ensure that no sawdust or any similar substance is spread on floors.

PART II additional requirements applicable in export cutting premises not subject to the slaughterhouse hygiene (scotland) regulations 1978

1.  Every person engaged in handling meat shall –

(a) wear rubber boots or other footwear affording similar protection and overalls of washable material including a washable covering for the hair of the head, which must be kept as clean as is reasonably practicable; and any person liable to come into contact with any meat shall wear similar and adequate protective clothing;

(b) wash his hands and arms with hot water and soap or other detergent immediately after contact with meat which he knows or suspects to be diseased;

(c) ensure that all equipment and implements which come into contact with meat are cleansed and disinfected and then rinsed in clean water–

(i) prior to commencement of work;

(ii) frequently during the course of each working day;

(iii) immediately after any contact with meat known or suspected to be diseased;

(iv) before re-use after any break in work; and

(v) at the end of each working day.

2.  No person shall –

(a) urinate, defecate or spit except in a sanitary convenience;

(b) bring into or keep in any part of export cutting premises containing meat any article liable to prejudice the maintenance of hygiene or the proper performance of the functions reserved to that part of the export cutting premises.

3.  The occupier of the export cutting premises shall –

(a) take all reasonable steps to prevent the entry into the premises of dogs, cats, birds, vermin and insects, and take immediate steps to remove any which may be present;

(b) ensure that the premises and any plant, equipment, machinery or implements contained therein are not used for any purpose which is not properly connected with the preparation and storage of meat, and that instruments for cutting meat are used solely for that purpose;

(c) ensure that meat and receptacles which contain or may at any time contain meat are not allowed to come into contact with the floor;

(d) cause the floor and wall surfaces of the room or rooms provided in accordance with paragraph 1(a) and 1(b) of Part I of Schedule 2 to be cleaned and disinfected as often as may be necessary to maintain them at all times in a satisfactory state of cleanliness and in any event to be thoroughly cleaned when cutting up is completed for the day;

(e) where the premises are supplied with water which is not clean and wholesome for the purpose of fire fighting or the operation of refrigerators or steam boilers, ensure that any such water is not used for any other purpose;

(f) ensure that all detergents, disinfectants and pesticides used in the premises are of such a kind and are used in such a manner as not to affect the fitness of any meat.

PART III requirements applicable in export cold stores

1.  Every person engaged in the handling of meat or packages of meat shall –

(a) keep himself clean;

(b) wear clean and appropriate protective clothing to permit the hygienic handling of meat including, where necessary, headgear and neck protection;

(c) refrain from smoking or engaging in unhygienic practices;

(d) take precautions to avoid contamination of meat;

(e) wash his hands with hot water and soap or other detergent frequently during the working day and each time work is started and resumed;

(f) wash his hands and arms with hot water and soap or other detergent immediately after contact with meat which he knows or suspects to be diseased.

2.  Every person engaged in the handling of unwrapped meat and meat wrapped only in stockinette shall obtain an annual certificate signed by a registered medical practitioner certifying that there is no objection on public health grounds to his engagement in the handling of meat, and every such medical certificate shall be produced on request to an official veterinary surgeon or to a veterinary officer.

3.  The occupier shall –

(a) ensure that all detergents, disinfectants and pesticides used in the premises are of such a kind and are used in such a manner as not to affect the fitness of any meat;

(b) ensure that sawdust or any similar substance is not spread on floors;

(c) take all reasonable steps to prevent the entry into the premises of dogs, cats, birds, vermin and insects, and take immediate steps to remove any which may be present;

(d) ensure that meat and receptacles which contain or may at any time contain meat are not allowed to come into contact with the floor;

(e) ensure that all equipment and instruments which come into contact with meat and which are cleansed and disinfected are then rinsed in clean water.

Regulations 2(1), 4(1)(a)(i), 7(5) and 8(1)

SCHEDULE 6 ANTE-MORTEM HEALTH INSPECTION REQUIREMENTS APPLICABLE IN EXPORT SLAUGHTERHOUSES

1.  Animals intended for slaughter shall undergo ante-mortem health inspection on the day of their arrival at the slaughterhouse or before the beginning of daily slaughtering. The inspection shall be repeated immediately before slaughter if the animal has been kept in the lairage overnight and at any time if required by the official veterinary surgeon.

2.  The occupier of the slaughterhouse or his agent shall provide adequate facilities and assistance to enable ante-mortem health inspections to be undertaken.

3.  The ante-mortem health inspection shall be made under adequate natural or artificial lighting.

4.  The ante-mortem health inspection shall determine –

(a) whether the animals are showing symptoms of a disease which can be transmitted through the meat to humans or animals or whether there are any indications that such a disease may occur;

(b) whether they are showing symptoms of a disease or disorder which would be likely to make the meat unfit for human consumption;

(c) whether they are injured, fatigued or stressed;

(d) where there is visible evidence that they have had substances with pharmacological effects administered to them or have consumed any other substances which may make the meat unfit for human consumption.

5.  Animals shall not be slaughtered for production of meat for human consumption if they –

(a) show any of the conditions mentioned in paragraph 4(a) and (b) of this Schedule;

(b) have not been rested for an adequate period of time, which for fatigued or stressed animals must not, unless the official veterinary surgeon determines otherwise, be less than 24 hours;

(c) have been found to have any form of clinical tuberculosis.

6.  An animal which shows any of the conditions mentioned in paragraph 4(a) and (b) of this Schedule shall be taken to and kept in that part of the lairage provided for the isolation of animals which are diseased or injured or suspected of being diseased or injured and shall be examined by the official veterinary surgeon. Unless the official veterinary surgeon passes the animal as fit for slaughter for human consumption, he shall require either –

(a) that it shall be slaughtered and dressed in the accommodation referred to in paragraph 2(b) of Schedule 1, or

(b) that it shall be slaughtered and dressed at a time other than that at which the slaughter of other animals is taking place and that, immediately following slaughtering and dressing of the animal and before the slaughtering of other animals takes place, the premises shall be fully cleaned and disinfected in such manner as he shall determine.

Regulations 2(1), 4(1)(a)(i), 7(5) and 12(1)(d)

SCHEDULE 7 SLAUGHTER AND DRESSING PRACTICES REQUIREMENTS APPLICABLE IN EXPORT SLAUGHTERHOUSES

The occupier and persons engaged in the handling of meat shall ensure that –

(a) animals brought into the slaughterhall are slaughtered without delay;

(b) bleeding is completed without delay and any blood intended for human consumption is collected in a clean receptacle provided for that purpose and is so kept as to remain readily identifiable with the carcases from which it was collected until those carcases have been inspected in accordance with Schedule 8;

(c) slaughtered animals are dressed in the following manner:–

(i) in the case of bovine animals and solipeds, the following shall be removed: the hide or skin, the head (save that where retention of the ears on carcases of bovine animals is necessary for any certification purpose the ears need be removed only after completion of that certification), the tonsils (save that, in the case of bovine animals and solipeds not intended for export, the removal of the tonsils shall not be compulsory), the viscera (save that the lungs, the heart, the liver, the spleen, the mediastinum and the kidneys may remain attached to the carcase by their natural connections save that the kidneys shall be removed from their fatty and perirenal coverings), the genital organs, the urinary bladder, the feet up to the carpal and tarsal joints, and, in the case of lactating animals, animals that have given birth or are in advanced pregnancy, the udder;

(ii) in the case of swine, the following shall be removed: the tonsils (save that, in the case of swine not intended for export, removal of the tonsils shall not be compulsory), the hair and bristles (which may be removed by use of a debristling agent provided that the carcase is then rinsed by means of a spray system in running water which is clean and wholesome) or the skin, the claws, the viscera (save that the lungs, the heart, the liver, the spleen, the mediastinum and the kidneys may remain attached to the carcase by their natural connections save that the kidneys shall be removed from their fatty and perirenal coverings, save that, in the case of swine not intended for export, exposure of the kidneys shall not be compulsory), the genital organs, the urinary bladder, the feet up to the carpal and tarsal joints (save that in the case of swine not intended for export removal of the feet shall not be compulsory), and, in the case of lactating animals, animals that have given birth or are in advanced pregnancy, the udder;

(iii) in the case of sheep and goats, the following shall be removed: the skin (including that of the head save that, where the head is not to be examined in accordance with the requirements of Schedule 8, Part V, removal of the skin of the head shall not be compulsory), the head (save that where retention of the ears on carcases of sheep is necessary for any certification purpose the ears need be removed only after completion of that certification), the viscera (save that the lungs, the heart, the liver, the spleen, the mediastinum and the kidneys may remain attached to the carcase by their natural connections save that the kidneys shall be removed from their fatty coverings), the genital organs, the urinary bladder, the feet up to the carpal and tarsal joints and, in the case of lactating animals, animals that have given birth or are in advanced pregnancy, the udder;

(d) evisceration must be carried out immediately and completed not later than 45 minutes after stunning or, in the case of ritual slaughter, half an hour after bleeding;

(e) the following are discarded at the time of skinning the carcase –

(i) the head of a sheep or a goat, including the tongue and the brains, if the head, including the tongue and the brains, is excluded from human consumption;

(ii) the penis, provided that it shows no evidence of pathological condition;

(f) subject to paragraph (e) of this Schedule, the offal (other than the feet) of any animal are so kept as to remain readily identifiable with the carcase until that carcase has been inspected in accordance with Schedule 8 or confirmed as not to be required for the execution of such checks as are required by Council Directive 86/469/EEC((13)), and the feet of any animal are kept available for inspection in the slaughterhouse until an official veterinary surgeon or inspector authorises their removal;

(g) carcases of solipeds, bovine animals over six months old and swine over four weeks old are split lengthwise through the spinal column before being submitted for inspection in accordance with Schedule 8 (save that in the case of swine over four weeks old not intended for export the carcase need not be so split); heads of solipeds shall be split; an official veterinary surgeon or inspector may require any carcase or head to be split lengthwise if he considers it necessary for the purpose of carrying out the inspections prescribed in Schedule 8;

(h) slaughtered animals are dressed and treated in such a manner as not to prevent or hinder inspection in accordance with Schedule 8 or checks required to be carried out in accordance with the provisions of Council Directive 86/469/EEC and in particular no carcase is cut up and, subject to paragraph (e) of this Schedule, no part other than the hide or skin of any slaughtered animal is removed from the slaughterhouse until the inspection prescribed in Schedule 8 has been completed, and no action is taken which might alter or destroy any evidence of disease before inspection;

(i) where the blood or offal of several animals is collected in one receptacle, the entire contents of that receptacle are regarded as unfit for human consumption if the meat of any of the animals from which the blood or offal was collected is declared unfit for human consumption;

(j) fresh meat intended for export is placed without undue delay in refrigerated accommodation and is brought progressively to an internal temperature of not more than +7C for carcases, half carcases, quarter carcases and half carcases cut into three wholesale cuts, and +3C for offal, and is subsequently kept constantly at or below that temperature;

(k) meat which is brought into an export slaughterhouse and which is not eligible for export in accordance with these Regulations is stored and handled apart from or at other times than meat which is eligible for export;

(l) bleeding, flaying or removing bristles, dressing and evisceration is carried out in such a way as to avoid contamination of the carcase or offal;

(m) no implement is left in the meat;

(n) fresh meat intended for freezing is only frozen by a rapid method and is stored at a temperature of not more than–12C.

Regulations 2(1), 4(1)(a)(i), 7(5) and 8(3)

SCHEDULE 8 POST-MORTEM HEALTH INSPECTION REQUIREMENTS APPLICABLE IN EXPORT SLAUGHTERHOUSES

PART I general instructions

1.  The carcase and offal and the blood of each slaughtered animal shall be examined without delay by an official veterinary surgeon or inspector. He shall have regard to –

(a) the age and sex of the animal;

(b) the state of nutrition of the animal;

(c) any evidence of bruising or haemorrhage;

(d) any local or general oedema;

(e) the efficiency of bleeding;

(f) any swelling, deformity or other abnormality of bones, joints, musculature or umbilicus;

(g) any abnormality in consistency, colour, odour and, where appropriate, taste;

(h) the condition of the pleura and peritoneum;

(i) any other evidence of abnormality.

2.  The inspection shall include–

(a) palpation of certain organs, in particular the lungs, liver, spleen and tongue and, where considered necessary by the official veterinary surgeon, the uterus and udder;

(b) incisions of organs and lymph nodes as specified in Parts II, III, IV, V and VI of this Schedule.

3.  Where the official veterinary surgeon considers it necessary, incisions and inspection of meat other than those specified in Parts II, III, IV, V and VI of this Schedule shall be undertaken.

4.  Where necessary the official veterinary surgeon shall arrange for laboratory investigations to be carried out.

5.—(1) Any carcase, offal or blood which shows evidence of the diseases or conditions mentioned in the Annex to this Part of this Schedule, or which may for any reason be suspected of being unfit for human consumption, shall be isolated and shall not be removed from the place of isolation until it has been inspected by the official veterinary surgeon.

(2) Subject to sub-paragraph (3) of this paragraph, if the official veterinary surgeon is satisfied that the carcase or offal, or any part of the carcase or offal, or the blood is unfit for human consumption he shall give instructions, save in the case to which sub-paragraph (4) applies, that the carcase or offal, or such part of the carcase or offal, or the blood shall not be disposed of for human consumption but shall be disposed of in accordance with the provisions of any regulations providing for the disposal of an unfit carcase, offal or blood.

(3) If the official veterinary surgeon is satisfied that the carcase or offal, or any part of the carcase or offal, or the blood is derived from an animal which was suffering from any of the diseases specified in the Annex to this Part of this Schedule, he shall, after having made any assessment required by the Annex to this Part of this Schedule, give instructions, save in the case to which sub-pargraph (4) applies, that the carcase or offal, or such part of the carcase or offal as he is by the Annex in relation to that condition directed to give such instructions, or the blood shall not be disposed of for human consumption but shall be disposed of in accordance with the provisions of any regulations providing for the disposal of an unfit carcase, offal or blood.

(4) If the official veterinary surgeon has given instructions under sub-paragraphs (2) or (3) that the carcase or offal, or any part of the carcase or offal, or the blood derived from an animal is unfit for human consumption, the provisions of section 9 of the Food and Drugs (Scotland) Act 1956 (which relates to the examination and seizure of unsound food) shall apply in the case of the carcase or offal, or any part of the carcase or offal, or the blood.

ANNEX indications of unfitness for human consumption

1.  The official veterinary surgeon shall direct that no part of the carcase, offal or blood of any animal shall be sold for human consumption if he is satisfied from his examination of the carcase or offal that the animal was suffering from any of the following diseases or conditions, namely –

• actinobacillosis (generalised) or actinomycosis (generalised),

• anaemia (advanced),

• anthrax,

• blackleg,

• bruising, extensive and severe,

• caseous lymphadenitis associated with emaciation,

• caseous lymphadenitis (generalised),

• cysticercus bovis (generalised),

• cysticercus cellulosae,

• cysticercus ovis (generalised),

• decomposition (generalised),

• emaciation (pathological),

• fever,

• foot and mouth disease,

• glanders,

• immaturity,

  (a)

  stillborn or unborn carcases,

  (b)

  oedematous carcases, and carcases in poor physical condition,

• jaundice,

• malignant catarrhal fever,

• mastitis (acute septic),

• melanosis (generalised),

• metritis (acute septic),

• odour (abnormal) associated with disease or otherwise prejudicial to health,

• oedema (generalised),

• pericarditis (acute septic),

• peritonitis (acute diffuse septic),

• pleurisy (acute diffuse septic),

• pneumonia (acute septic),

• pyaemia (including joint-ill),

• sarcocysts (generalised),

• septicaemia or toxaemia,

• swine erysipelas (acute),

• swine fever,

• tetanus,

• trichinosis,

• tuberculosis (generalised),

• tuberculosis with emaciation,

• tumours,

  (a)

  malignant with secondary growths,

  (b)

  multiple,

• uraemia.

2.  The official veterinary surgeon shall direct that the blood of any animal shall not be sold for human consumption if he is satisfied–

(a) that the carcase or offal of that animal are affected with any infectious conditions, or

(b) that the blood is contaminated by stomach contents or other extraneous matter.

3.—(1) An official veterinary surgeon shall in determining for the purpose of this Schedule whether tuberculosis is generalised take into account the sum of the evidence of disease and the character of the lesions throughout the entire carcase and, for the purposes of this paragraph, shall accept the existence of tuberculosis in the associated lymph node of an organ or viscera as evidence of the disease in the organ or viscera.

(2) If the official veterinary surgeon is satisfied that any of the following conditions exist in the carcase or offal of an animal, namely –

(a) miliary tuberculosis of both lungs with evidence of tuberculosis elsewhere;

(b) multiple and actively progressive lesions of tuberculosis;

(c) widespread tuberculosis infection of the lymph nodes of the carcase;

(d) diffuse acute lesions of tuberculosis of both the pleura and peritoneum associated with an enlarged or tuberculous lymph node of the carcase;

(e) active or recent lesions present in the substance of any two of the following:–the spleen, kidney, udder, uterus, ovary, testicle, brain or its membranes, spinal cord or its membranes, in addition to tuberculous lesions in the respiratory and digestive tracts;

(f) in the case of a calf, congenital tuberculosis;

he shall determine the tuberculosis to be generalised.

(3) When, as the result of his examination, the official veterinary surgeon is satisfied that a carcase or offal of an animal is affected with tuberculosis other than of the kinds mentioned in paragraph 1 of this Annex he shall direct that –

(a) any part of the carcase in relation to which he is satisfied that it is so infected;

(b) any part of the carcase, contiguous to any such part;

(c) the head including the tongue, when tuberculosis exists in any lymph node associated with the head or tongue; and

(d) any organ when tuberculosis exists on the capsule or in the substance of the organ, or the viscera when tuberculosis exists on the surfaces or substances of the viscera or in any lymphatic glands associated with the organ or the viscera as the case may be;

shall not be sold for human consumption.

(4) An official veterinary surgeon shall direct that any part of a carcase or offal contaminated with tuberculous material shall not be sold for human consumption.

4.—(1) In any case in which the official veterinary surgeon, in the course of his examination, is satisfied that any part of the carcase or any offal is affected with a localised infestation of cysticercus bovis he shall direct that that part of the carcase or offal shall not be sold for human consumption.

(2) Where in any such case as aforesaid an official veterinary surgeon has directed that any part of the carcase of an animal or any offal of an animal shall not be sold for human consumption, the remainder of the meat of the animal shall also be subject to the like direction unless it is forthwith placed in cold storage at a temperature not exceeding–7C for a period of not less than three weeks or at a temperature not exceeding–10C for a period of not less than two weeks or is treated by such other method as may be approved by the Secretary of State:

• Provided that the alimentary tract in any such case shall not be placed in cold storage or be sold for human consumption.

(3) Any person who causes any part of a carcase or any offal to be placed in cold storage for the purposes of the last foregoing sub-paragraph shall, at the same time as he causes it to be so placed, give notice to the local authority within whose district the cold store is situated, in such form as the local authority may require, of the date of the placing and the period for which it is intended that the part of a carcase or offal, as the case may be, will remain in cold storage.

5.—(1) If, as a result of his inspection of a carcase and offal of an animal, an official veterinary surgeon is satisfied that the following conditions exist therein, namely –

(a) caseous lymphadenitis associated with emaciation;

(b) multiple, acute and actively progressive lesions of caseous lymphadenitis; or

(c) multiple lesions of caseous lymphadenitis which are inactive but widespread;

he shall direct that no part of the carcase and offal shall be sold for human consumption.

(2) If an official veterinary surgeon is satisfied that caseous lymphadenitis exists on the surface or substance of an organ or in its associated lymph node he shall direct that the organ and its associated lymph node shall not be sold for human consumption.

(3) If an official veterinary surgeon is satisfied that caseous lymphadenitis exists otherwise than as described in sub-paragraphs (1) and (2) of this paragraph he shall direct that the lesion and such of the surrounding parts as he may think proper, having regard to the age and degree of activity of the lesion, shall not be sold for human consumption.

6.  Where, as a result of his examination, the official veterinary surgeon is satisfied that the whole or any part of the carcase or any offal derived from an animal is affected by any disease or condition other than one mentioned in the foregoing paragraphs of this Annex or is contaminated, he shall direct that the whole of the carcase and all offal or the part of the carcase and the parts adjacent thereto or the offal, as he may think proper, shall not be sold for human consumption.

7.  Where, as a result of his examination, the official veterinary surgeon is satisfied that a part of the carcase or offal derived from an animal is affected by a slight localised infestation by a parasite not transmissible to man but that the remainder of the carcase or offal as the case may be is fit for human consumption, an official veterinary surgeon or an inspector may, if he thinks fit, remove the parasite and trim the surrounding part and shall direct that the trimmings shall not be sold for human consumption.

PART II detailed instructions bovine animals over 6 weeks

1.  In the case of bovine animals over 6 weeks old the inspection shall include in particular an examination of –

(a) the head and the throat; the surface of the tongue after it has been freed to permit a detailed inspection of the mouth and the fauces; the retro-pharyngeal, submaxillary and parotid lymph nodes shall be examined in detail; the external (masseter) cheek muscles in which at least two deep incisions shall be made and internal (pterygoid) cheek muscles in which at least one deep incision shall be made; all incisions shall be made parallel to the mandible from its upper muscular insertion;

(b) the lungs, the trachea and oesophagus; the oesophagus shall be palpated; the trachea and the main branches of the bronchi shall be opened lengthwise and the lungs shall be incised in their posterior third, at right angles to their main axes; save that these incisions are not necessary where the lungs are excluded from human consumption; the bronchial and mediastinal lymph nodes shall be examined in detail;

(c) the pericardium, which shall be opened, and the heart; the latter shall be incised lengthwise so as to open the ventricles and to cut through the intra-ventricular septum;

(d) the diaphragm;

(e) the surfaces and substance of the liver and the hepatic lymph nodes; an examination of the bile ducts shall be carried out by means of incisions into the gastric surface of the liver and at the base of the caudate lobe; the hepatic lymph nodes shall be palpated;

(f) the alimentary tract, the mesentery and the gastric, pancreatic and mesenteric lymph nodes; these lymph nodes shall be palpated and, if an official veterinary surgeon or inspector considers it necessary, the gastric and mesenteric lympth nodes shall be examined in detail;

(g) the surface of the spleen;

(h) the kidneys which, if an official veterinary surgeon or inspector considers it necessary, shall be incised and the renal lymph nodes examined in detail;

(i) the pleura and the peritoneum;

(j) the genital organs;

(k) the udder which, if an official veterinary surgeon or inspector considers it necessary, shall be incised; in the case of a cow the udder must be opened by a long deep incision as far as the lactiferous sinuses unless it is to be excluded from human consumption; if an official veterinary surgeon or inspector considers it necessary the supramammary lymph nodes shall be palpated and examined in detail;

(l) the feet, if an official veterinary surgeon or inspector considers it necessary.

2.  Where evidence of tuberculosis is found, an official veterinary surgeon or inspector shall –

(a) split the carcase, examine the vertebrae, ribs, sternum, spinal cord and brain, incise the kidneys;

(b) examine in detail such of the following lymph nodes as he has not already so examined: superficial inguinal, prescapular, prepectoral, presternal, suprasternal, xiphoid, subdorsal, intercostal, iliac, sublumbar, ischiatic, precrural and popliteal, the lymph nodes least likely in the particular case to show evidence of infection being examined first.

PART III detailed instructions bovine animals less than 6 weeks

1.  In the case of bovines less than 6 weeks old the inspection shall include in particular an examination of –

(a) the head, the throat, the surface of the tongue, the mouth and the fauces; the retro-pharyngeal lymph nodes shall be examined in detail;

(b) the lungs, the trachea and oesophagus; the trachea and the main branches of the bronchi shall be opened lengthwise and the lungs shall be incised in their posterior third, at right angles to their main axes; save that these incisions are not necessary where the lungs are to be excluded from human consumption; the bronchial and mediastinal lymph nodes shall be examined in detail;

(c) the pericardium, which shall be opened, and the heart; the latter shall be incised lengthwise so as to open the ventricles and to cut through the intra-ventricular septum;

(d) the diaphragm;

(e) the surfaces and substance of the liver and the hepatic lymph nodes; the liver shall be incised if an official veterinary surgeon or inspector considers it necessary; the hepatic lymph nodes shall be palpated and, if an official veterinary surgeon or inspector considers it necessary, examined in detail;

(f) the alimentary tract, the mesentery and the gastric, pancreatic and mesenteric lymph nodes; the gastric and mesenteric lymph nodes shall be palpated and, if an official veterinary surgeon or inspector considers it necessary, examined in detail;

(g) the surface of the spleen;

(h) the kidneys which, if an official veterinary surgeon or inspector considers it necessary, shall be incised and the renal lymph nodes examined in detail;

(i) the pleura and the peritoneum;

(j) the umbilical region and joints which shall be palpated; where an official veterinary surgeon or inspector considers it necessary the umbilical region shall be incised, the joints shall be opened and the synovial fluid examined;

(k) the feet, if an official veterinary surgeon or inspector considers it necessary.

2.  Where evidence of tuberculosis is found, an offical veterinary surgeon or inspector shall –

(a) split the carcase, examine the vertebrae, ribs, sternum, spinal cord and brain, incise the kidneys;

(b) examine in detail such of the following lymph nodes as he has not already so examined: superficial inguinal, prescapular, prepectoral, presternal, suprasternal, xiphoid, subdorsal, intercostal, iliac, sublumbar, ischiatic, precrural and popliteal, the lymph nodes least likely in the particular case to show evidence of infection being examined first.

PART IV detailed instructions swine

1.  In the case of swine the inspection shall include in particular an examination of –

(a) the head, the throat, the surface of the tongue, the mouth and the fauces; the submaxillary lymph nodes shall be examined in detail;

(b) the lungs, the trachea and oesophagus; the trachea and the main branches of the bronchi shall be opened lengthwise and the lungs shall be incised in their posterior third, at right angles to their main axes (save that the lungs need not be incised if they are to be excluded from human consumption); the bronchial and mediastinal lymph nodes shall be examined and palpated;

(c) the pericardium, which shall be opened, and the heart; the latter shall be incised lengthwise so as to open the ventricles and to cut through the intra-ventricular septum;

(d) the diaphragm;

(e) the surfaces and substance of the liver and the hepatic lymph nodes; the hepatic lymph nodes shall be palpated;

(f) the alimentary tract, the mesentery and the gastric, pancreatic and mesenteric lymph nodes; the gastric and mesenteric lymph nodes shall be palpated and, if an official veterinary surgeon or inspector considers it necessary, examined in detail;

(g) the surface of the spleen;

(h) the kidneys (save that in the case of swine not intended for export examination of the kidneys shall not be compulsory); if an official veterinary surgeon or inspector considers it necessary the kidneys shall be incised and the renal lymph nodes examined in detail;

(i) the pleura and the peritoneum;

(j) the genital organs;

(k) the udder and the supramammary lymph nodes; in the case of sows the supramammary lymph nodes shall be examined in detail;

(l) the umbilical region and joints of young animals which shall be palpated; where an official veterinary surgeon or inspector considers it necessary the umbilical region shall be incised and the joints shall be opened;

(m) the feet, if an official veterinary surgeon or inspector considers it necessary.

2.  An investigation for cysticercus cellulosae shall be carried out which shall include examination of the directly visible muscular surfaces, in particular the thigh muscles, the pillars of the diaphragm, the intercostal muscles, the heart, tongue and larynx; if an official veterinary surgeon or inspector considers it necessary, both the abdominal wall and the psoas muscles, freed from fatty tissue, shall be examined.

3.  If an abscess is found in the carcase or in any organ of any swine, or if an official veterinary surgeon or inspector has reason to suspect the presence of any such abscess, he shall require the carcase to be split through the spinal column if it has not already been so split and shall examine in detail such of the following lymph nodes as he has not already so examined: superficial inguinal, supramammary, cervical, prepectoral, prescapular, presternal, sublumbar, iliac, precrural and, if he considers it necessary, the popliteal.

4.  Where evidence of tuberculosis is found, an official veterinary surgeon or inspector shall –

(a) split the carcase, examine the vertebrae, ribs, sternum, spinal cord and brain, expose and incise the kidneys;

(b) examine in detail such of the following lymph nodes as he has not already so examined: superficial inguinal, cervical, prepectoral, prescapular, subdorsal, sublumbar, iliac, precrural and, if he considers it necessary, the popliteal.

PART V detailed instructions sheep and goats

1.  In the case of sheep and goats the inspection shall include in particular an examination of –

(a) the head after flaying with, if an official veterinary surgeon or inspector considers it necessary, the surface of the tongue, the mouth, throat, retro-pharyngeal and parotid lymph nodes (save that these examinations and the flaying are not required if the local authority ensures that the head, including the tongue and brains, is excluded from human consumption);

(b) the lungs, the trachea and oesophagus; if an official veterinary surgeon or inspector considers it necessary the trachea and the main branches of the bronchi shall be opened lengthwise and the lungs shall be incised in their posterior third, at right angles to their main axes; the bronchial and mediastinal lymph nodes shall be palpated and, if an official veterinary surgeon or inspector considers it necessary, examined in detail;

(c) the pericardium, which shall be opened, and the heart; where an official veterinary surgeon or inspector considers it necessary the heart shall be incised lengthwise so as to open the ventricles and to cut through the intra-ventricular septum;

(d) the diaphragm;

(e) the surfaces and substance of the liver which shall be incised on the gastric surface to examine the bile ducts; the hepatic lymph nodes shall be examined and palpated;

(f) the alimentary tract and the mesentery; the gastric, pancreatic and mesenteric lymph nodes shall be examined;

(g) the surface of the spleen;

(h) the kidneys which if an official veterinary surgeon or inspector considers it necessary shall be incised and the renal lymph nodes examined in detail;

(i) the pleura and the peritoneum;

(j) the genital organs;

(k) the udder; the supramammary lymph nodes shall be examined;

(l) the umbilical region and the joints of young animals which shall be palpated; where an official veterinary surgeon or inspector considers it necessary the umbilical region shall be incised and the joints shall be opened;

(m) the feet, if an official veterinary surgeon or inspector considers it necessary.

2.  Where an official veterinary surgeon or inspector has reason to suspect that a suppurative condition exists in the carcase of any sheep or lamb he shall –

(a) examine by palpation as well as by observation such of the lymph nodes as are readily accessible; and

(b) in the case of a sheep, examine in detail such of the following lymph nodes as he has not already so examined: prescapular, superficial inguinal, precrural; and, in the case of a lamb, examine in detail such lymph nodes if he has found evidence of disease in the course of visual examination or palpation.

3.  Where evidence of tuberculosis is found, an official veterinary surgeon or inspector shall split the carcase, examine the vertebrae, ribs, sternum, spinal cord and brain, expose and incise the kidneys.

PART VI detailed instructions domestic solipeds

1.  In the case of domestic solipeds the inspection shall include in particular an examination of –

(a) the head and the throat; the surface of the tongue after it has been freed to permit a detailed inspection of the mouth and the fauces; the retro-pharyngeal, submaxillary and parotid lymph nodes shall be palpated and, if an official veterinary surgeon or inspector considers it necessary, examined in detail;

(b) the lungs, the trachea and oesophagus; the trachea and the main branches of the bronchi shall be opened lengthwise and the lungs shall be incised in their posterior third, at right angles to their main axes (save that these incisions are not necessary where the lungs are excluded from human consumption); the bronchial and mediastinal lymph nodes shall be palpated and, if an official veterinary surgeon or inspector considers it necessary, examined in detail;

(c) the pericardium, which shall be opened, and the heart; the latter shall be incised lengthwise so as to open the ventricles and to cut through the intra-ventricular septum;

(d) the diaphragm;

(e) the surfaces and substance of the liver and the hepatic lymph nodes; the liver shall be incised if an official veterinary surgeon or inspector considers it necessary; the hepatic lymph nodes shall be palpated and, if an official veterinary surgeon or inspector considers it necessary, the hepatic lymph nodes shall be examined in detail;

(f) the alimentary tract, the mesentery and the gastric, pancreatic and mesenteric lymph nodes; if an official veterinary surgeon or inspector considers it necessary the lymph nodes shall be examined in detail;

(g) the surface of the spleen;

(h) the kidneys, which shall be palpated and, if an official veterinary surgeon or inspector considers it necessary, incised; if an official veterinary surgeon or inspector considers it necessary the renal lymph nodes shall be examined in detail;

(i) the pleura and the peritoneum;

(j) the genital organs of stallions and mares;

(k) the udder and the supramammary lymph nodes shall be examined and, if an official veterinary surgeon or inspector considers it necessary, the supramammary lymph nodes shall be examined in detail;

(l) the umbilical region and joints of young animals which shall be palpated; where an official veterinary surgeon or inspector considers it necessary the umbilical region shall be incised and the joints shall be opened;

(m) all grey or white horses must be examined for melanosis and melanomata; in particular the muscles of one shoulder and the prescapular lymph node shall be examined; this lymph node shall be exposed beneath the scapular cartilage by loosening the attachment of one shoulder; in addition the kidneys shall be examined after splitting by a longitudinal incision which exposes both cortex and medulla.

2.  An investigation for glanders shall be carried out by means of careful examination of mucous membranes of the trachea, larynx, nasal cavities, sinuses and their ramifications, after splitting the head in the median plane and excision of the nasal septum.

3.  Where evidence of tuberculosis is found, an official veterinary surgeon or inspector shall –

(a) split the carcase, examine the vertebrae, ribs, sternum, spinal cord and brain, incise the kidneys;

(b) examine in detail such of the following lymph nodes as he has not already so examined: superficial inguinal, prescapular, prepectoral, presternal, suprasternal, xiphoid, subdorsal, intercostal, iliac, sublumbar, ischiatic, precrural and popliteal, the lymph nodes least likely in the particular case to show evidence of infection being examined first.

Regulations 4(1)(a)(ii), 7(6), 10(2)(b) and 12(1)(d)

SCHEDULE 9 CUTTING PRACTICES REQUIREMENTS APPLICABLE IN EXPORT CUTTING PREMISES

The occupier of the cutting premises shall –

(a) make available to an official veterinary surgeon or inspector all necessary facilities for the supervision of the premises in accordance with the requirements of Schedule 10 and in particular allow him unimpeded access at all times to all parts of the premises where meat is cut up or stored;

(b) make available to an official veterinary surgeon or inspector, when required to do so, evidence of the origin of any meat brought into the cutting premises;

(c) ensure that any meat which is not eligible for export in accordance with these regulations is stored and cut up apart from or at other times than meat which is eligible for export;

(d) ensure that as soon as fresh meat intended for cutting up enters the cutting premises it is placed in the refrigerated accommodation provided for the reception and storage of meat awaiting cutting and there maintained at an internal temperature of not more than +7C for carcases, half carcases, quarter carcases and half carcases cut into three wholesale cuts, and +3C for offal:

• Provided that meat transferred directly and without risk of contamination from an export slaughterhouse to export cutting premises within the same site complex by means of an extension of the overhead rail system employed in that slaughterhouse or other hygienic transport system may, notwithstanding the requirements of this sub-paragraph, of sub-paragraph (f) of this Schedule and of sub-paragraph (j) of Schedule 7, but subject to the two following conditions, be cut up without first being chilled.

• The conditions referred to in the foregoing proviso are that –

  (i)

  cutting up shall take place without delay, and

  (ii)

  as soon as cutting up, wrapping and packing are completed the meat shall be placed immediately in the refrigerated accommodation referred to in paragraph 1(a)(ii) of part I of Schedule 2 and be brought progressively to an internal temperature of not more than +7C for cut meat and +3C for offal;

  (e)

  ensure that meat is brought into the room provided in accordance with paragraph 1(b) of part I of Schedule 2 as and when required, that it remains in that room only for the minimum time required to carry out the necessary cutting up operations, and that on completion of cutting up, wrapping and packing the meat is transferred without undue delay to the refrigerated accommodation referred to in paragraph 1(a)(ii) of part I of Schedule 2 and there maintained at an internal temperature of not more than +7C for cut meat and +3C for offal;

  (f)

  ensure that the cutting up does not take place until the meat has reached an internal temperature of not more than +7C for carcases, half carcases, quarter carcases and half carcases cut into three wholesale cuts, and +3C for offal, that during cutting up, wrapping and packing the meat is kept at an internal temperature of not more than +7C for carcases and cuts and +3C for offal, and that while cutting up is taking place the temperature of the room does not exceed +12C;

  (g)

  ensure that any splinters of bone and clots of blood are removed from meat during cutting up;

  (h)

  ensure that no carcase, offal or cut meat is wiped down;

  (i)

  ensure that meat obtained from cutting up and not intended for human consumption is collected in the receptacles referred to in paragraph 1(h) of part I of Schedule 2 as it is cut;

  (j)

  ensure that no implement is left in the meat;

  (k)

  ensure that when cutting, boning, wrapping and packing operations take place in the same room, the following conditions are observed:—

  (i)

  packaging and wrapping material shall during storage be contained in a sealed and undamaged protective cover under hygienic conditions in a separate room;

  (ii)

  packaging and wrapping material shall not be stored on the floor;

  (iii)

  packaging material shall be assembled under hygienic conditions before being brought into the cutting room;

  (iv)

  packaging material shall be hygienically brought into the room and shall be used without delay: it shall not be handled by persons who handle fresh meat;

  (v)

  immediately after packing and wrapping the meat shall be placed in the storage rooms referred to in paragraph 1(a)(ii) of part I of Schedule 2;

  (l)

  ensure that fresh meat intended for freezing is only frozen by a rapid method and is stored at a temperature of not more than–12C.

Regulations 7(6), 8(9)(a), 10(2)(g) and 12(1)(e)

SCHEDULE 10 HEALTH CONTROL OF CUT MEAT REQUIREMENTS APPLICABLE IN EXPORT CUTTING PREMISES

1.  The official veterinary surgeon shall be responsible for the supervision of cutting premises while meat intended for export is being cut up and shall ensure that the requirements of these Regulations are observed. In particular he shall –

(a) supervise the maintenance of a register for fresh meat entering and leaving the premises;

(b) be responsible for the inspection of fresh meat intended for export held in the premises and at the time of its despatch;

(c) issue the certificate provided for in Schedule 14;

(d) be responsible for the maintenance of hygiene standards in the premises, with particular reference to the requirements of Schedule 5;

(e) be responsible for the taking of all samples necessary for any laboratory tests which may be required and the recording of the results of such tests in a register; these results shall be made available to the owner of the meat on request.

2.  The official veterinary surgeon may be assisted by inspectors in the discharge of the responsibilities set out in paragraph 1(a), (b), (d) and (e) of this Schedule.

Regulations 2(1), 7(5) and (6), 8(4) and (10), and 10(1)(e), (2)(e) and (4)(a)

SCHEDULE 11 HEALTH MARKING REQUIREMENTS APPLICABLE IN EXPORT SLAUGHTERHOUSES AND EXPORT CUTTING PREMISES

1.  The health mark shall be applied by or under the supervision and responsibility of the official veterinary surgeon.

2.  The health mark shall consist of an oval mark 6.5 cm wide by 4.5 cm high containing in legible form in letters 0.8 cm high and figures 1 cm high the following information –

(a) on the upper part, the letters “UK” or the letters “UNITED KINGDOM”;

(b) in the centre, the approval number of the export slaughterhouse or export cutting premises;

(c) on the lower part, the letters “EEC”;

(d) in addition, for fresh meat from boars and cryptorchid or hermaphrodite swine, the oval mark shall be covered along the main diameter by 2 parallel straight lines being as evident as the external edge of the mark with a distance apart of at least 1.0cm.

3.  Carcases weighing more than 65 kg shall have the health mark applied in ink or hot-branded on each half carcase in at least the following places– external surface of the thigh, loins, back, breast and shoulder. Other carcases shall have the health mark applied in ink or hot-branded in at least four places– on the shoulders and on the external surface of the thighs.

4.  Livers of bovine animals, swine and solipeds shall be hot-branded with the health mark.

5.  All the offal unless they are wrapped or packed in accordance with the requirements of Schedule 12 shall have the health mark applied in ink or hot-branded, but in the case of bovine animals under 3 months old, and swine, sheep and goats, health marking of tongues and hearts shall not be compulsory.

6.  Cuts, other than cuts weighing less than 100g each and cuts of fat, obtained in export cutting premises from carcases marked with the health mark and which do not bear a health mark shall, unless they are wrapped or packed in accordance with the requirements of Schedule 12, have that mark applied in ink or hot-branded.

7.  Cuts of swine belly and back fat from which the rind has been removed may be grouped into lots containing not more than five cuts; each lot and each piece, if it is separate, shall be sealed under the supervision of the official veterinary surgeon and be provided with a label which meets the requirements of paragraph 3 of part II of Schedule 12.

8.  Only methyl violet shall be used for marking meat in ink in accordance with this Schedule.

Regulations 7(6), 10(2)(h) and 12(1)(d)

SCHEDULE 12 WRAPPING AND PACKING OF CUT MEAT AND OFFAL

PART I wrapping

1.  The occupier shall ensure that any material used for wrapping meat is strong enough to protect the meat during the course of handling and transport and does not cause a deterioration in the organoleptic characteristics of the meat or transmit to it any substance harmful to human health and that only transparent and uncoloured wrapping material is used, except where the wrapping material used conforms to the requirements of paragraph 6 of this part of this Schedule.

2.  The occupier shall ensure that the wrapping operation is carried out immediately after cutting and in a hygienic manner and that wrapping material is not re-used for wrapping meat. The wrapping material shall not be handled by persons who handle fresh meat.

3.  The occupier shall ensure that cut meat, other than cuts of pig belly and pork fat, is wrapped in accordance with paragraphs 1 and 2 of this part of this Schedule unless it is transported hanging up.

4.  The occupier shall ensure that wrappings contain meat of only one animal species.

5.  The occupier shall ensure that all wrapped meat intended for sale bears a reproduction of the health mark bearing the letters “UK” on the wrapping material or on a label affixed to the wrapping material. The health mark shall include the approval number of the export cutting premises except that in the case of offal wrapped in an export approved slaughterhouse it shall bear the approval number of that slaughterhouse.

6.  The occupier shall ensure that wrapped meat is packed in accordance with the requirements of Part II of this Schedule, save that where the wrapping material used fulfills the requirement of packaging material in accordance with the provisions of paragraph 1 of part II of this Schedule it does not in addition require to be packed.

PART II packing

1.  The occupier shall ensure that any material used for packing meat is strong enough to protect the meat during the course of handling and transport and does not cause a deterioration in the organoleptic characteristics of the meat or transmit to it any substance harmful to human health.

2.  The occupier shall ensure that any material used for packing meat is not re-used for this purpose unless it is made of a non-corrodible and impervious substance which is easy to clean and has been cleaned and disinfected prior to re-use for packing meat.

3.  The occupier shall ensure that –

(a) every package bears the health mark either on the package itself or on a label affixed to wrapping material which fulfills the requirements of paragraph 6 of part I of this Schedule;

(b) such label is serially numbered; and

(c) such label is affixed in such a way that it is torn when the package is opened.

4.  The occupier shall ensure that packages contain meat of only one animal species.

Regulations 4(1)(a)(iii), 7(7), 8(9)(b) and 12(1)(g)

SCHEDULE 13 STORAGE OF MEAT REQUIREMENTS APPLICABLE IN EXPORT COLD STORES

1.  The occupier of the cold store shall facilitate supervision of the store, and of the handling and inspection of the meat, and shall place the necessary facilities at the disposal of an official veterinary surgeon or inspector.

2.  The owner of the meat and the occupier of the cold store shall secure arrangements for supervision of meat during movement into the store and during storage as follows –

(a) unwrapped meat, meat wrapped in stockinette and all Intervention meat owned by the Intervention Board for Agricultural Produce shall be supervised during movement into the store and during storage by an official veterinary surgeon or inspector; however, for privately-owned, packed and wrapped meat supervision during movement into the store and during storage may be waived at the owner’s discretion;

(b) for all meat there shall be maintained at the store adequate records including the accompanying veterinary health certificate in the form prescribed in the Annex to Schedule 14, and thermographs (identified and validated) to record the time and date when the meat was taken into store, its location in the store and the storage conditions; these records shall be made available on request to an official veterinary surgeon or inspector and shall be sufficient to provide the information necessary to enable the official veterinary surgeon to issue the health certificate provided for in Schedule 14.

3.  The occupier shall ensure that fresh meat intended for export is –

(a) kept at an internal temperature of not more than +7C for carcase and cuts and +3C for offal and, if frozen, maintained at a temperature of not more than–12C;

(b) supervised by an official veterinary surgeon or inspector at the time of loading for despatch;

(c) handled, loaded and unloaded, stored and, if freezing is carried out, frozen in a hygienic manner, and in particular that it is handled, loaded and unloaded under cover;

(d) adequately protected during storage from the risk of contamination including taint;

(e) stored separately from meat which is not eligible for export in accordance with these Regulations;

(f) identifiable as to origin while it is being stored;

(g) made available for inspection on request by an official veterinary surgeon or inspector.

4.  The occupier shall ensure that where meat that is not packed is brought into the cold store for freezing it is not stored on wooden pallets and that during freezing it is suspended from either a rail system or suitable frames of a material resistant to corrosion.

Regulations 7(5) and (6), 9, 10(1)(g) and (2)(i), and 12(1)

SCHEDULE 14 HEALTH CERTIFICATE

1.  Where meat is to be exported directly the official veterinary surgeon shall sign a health certificate which is to accompany the meat to the country of destination at the time the meat is loaded into the means of transport in which it is to travel.

2.  The health certificate shall be provided by the Secretary of State and shall correspond in form to, and contain the information specified in, the model in the Annex to this Schedule. It shall be expressed at least in English and in the language of the country of destination.

3.  Where meat is not intended for immediate export the official veterinary surgeon shall sign a health certificate which will accompany the meat to other export premises or to premises approved under the provisions of Council Directive 77/99/EEC((14)) at the time the meat is loaded into the means of transport in which it is to travel.

4.  A health certificate under paragraph 3 above shall be provided by the Secretary of State and shall contain the information specified in the model in the Annex to this Schedule.

ANNEX

Regulations 10(1)(h) and (2)(j), and 12(1)(f)

SCHEDULE 15 TRANSPORT OF FRESH MEAT INTENDED FOR EXPORT REQUIREMENTS APPLICABLE TO OCCUPIERS OR PERSONS RESPONSIBLE FOR THE CONTROL AND MANAGEMENT OF TRANSPORT

1.  Fresh meat shall be loaded at a temperature of not more than +7C for carcases and cuts and +3C for offal and shall be transported in sealed vehicles so designed and equipped that the meat is maintained at a temperature of not more than +7C for carcases and cuts and +3C for offal and, if frozen, maintained at not more than–12C throughout the period of transport; however when fresh meat is transported from an export slaughterhouse to export cutting premises in the United Kingdom sealing of vehicles shall not be required.

2.  The interior surfaces of vehicles used for the transport of fresh meat and any other parts of the vehicle which may come into contact with the meat shall be so finished as to enable them effectively to be kept clean and disinfected and shall be constructed of material resistant to corrosion which does not cause a deterioration in the organoleptic characteristics of the meat or render it harmful to human health.

3.  Vehicles used for the transport of fresh meat shall be provided with efficient devices for protecting the meat against the entry of insects and dust and shall be watertight; where such vehicles are used for the transport of carcases, half carcases, quarter carcases and unpacked cut meat they shall be equipped with fittings of material resistant to corrosion for hanging the meat fixed at such a height that the meat cannot come into contact with the floor, except that fittings for hanging such meat shall not be required where the meat is transported by aircraft in which suitable facilities resistant to corrosion have been provided for hygienically loading, holding and unloading the meat.

4.  Vehicles used for the transport of fresh meat shall not be used for conveying live animals or any substance which may be detrimental to, or contaminate, the meat so conveyed.

5.  Fresh meat shall not be transported in the same vehicle at the same time as any other product likely to affect the hygiene of the meat or to contaminate it unless it is transported in such a manner that it will not contaminate the fresh meat.

6.  Stomachs shall be scalded or cleaned and feet and heads skinned or scalded and depilated before being transported in a vehicle containing other fresh meat.

7.  Fresh meat shall not be transported in vehicles which are not properly cleaned and disinfected.

8.  Carcases, half carcases and quarter carcases, other than frozen meat packed in a hygienic manner, shall be suspended throughout the period of transport except where such meat is transported by aircraft in which suitable facilities resistant to corrosion have been provided for hygienically loading, holding and unloading the meat. Other cuts and offal, other than the viscera, shall be hung or placed on supports if not placed in packages of material resistant to corrosion. The supports and packages shall be hygienically satisfactory and where appropriate shall meet the requirements of Schedule 12.

9.  The viscera may only be transported in strong, clean and impervious packages which may only be re-used after being cleaned and disinfected.

10.  The official veterinary surgeon shall be satisfied before despatch that the loading bay is clean and that transport vehicles comply with the requirements of this Schedule.

Regulation 21

SCHEDULE 16

Column 1	Column 2	Column 3
References	Regulations revoked	Extent of revocation
S.I. 1981/1034	The Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1981	The whole Regulations
S.I. 1983/703	The Fresh Meat Export (Hygiene and Inspection) (Scotland) Amendment Regulations 1983	The whole Regulations
S.I. 1984/1885	The Fresh Meat Export (Hygiene and Inspection) (Scotland) Amendment Regulations 1984	The whole Regulations
S.I. 1985/1068	The Food (Revision of Penalties and Mode of Trial) (Scotland) Regulations 1985	In Schedule 1 the item relating to S.I. 1981/1034

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply to Scotland only and come into force on 11th June 1987.

The Regulations revoke and re-enact the provisions of the Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1981 and subsequent amending instruments, which implemented in part the provisions of Council Directive No. 64/433/EEC (OJ No. 121, 29.7.1964, p. 2012/64; OJ/SE 1963-64, p. 185) on health problems affecting intra-Community trade in fresh meat, as amended by Council Directive No. 66/601/EEC (OJ No. 192, 27.10.1966, p. 3302/66; OJ/SE 1965-66, p. 244), Council Directive No. 69/349/EEC (OJ No. L256, 11.10.1969, p. 5; OJ/SE 1969 (II), p. 432), Council Directive No. 83/90/EEC (OJ No. L59, 5.3.1983, p.10) and the Act annexed to the Treaty of Accession to the European Economic Community (Annex I(II)(F)– Cmnd 5179 I). These Regulations in addition implement Council Directive No. 86/587/EEC (OJ No. L399, 2.12.86, p.26).

The Regulations apply to fresh meat of domestic bovine animals (including buffalo), swine, sheep, goats and solipeds. They prescribe conditions which must be satisfied for the production, cutting up, storage and transport of such meat when it is intended for export, or for sale for export, to a Member State of the EEC for human consumption.

In particular, the Regulations –

(a) provide that only premises which are approved by the Secretary of State may be used for the production, cutting up, storage and loading of fresh meat for intra-Community trade, and that such premises must comply with prescribed requirements as to structure and hygiene (regulations 4 to 7 and 10 and Schedules 1 to 4); and

(b) lay down requirements as to slaughter, dressing and cutting practices, ante-and post-mortem inspection, hygiene, health control of cut meat, health marking, certification, storage, wrapping, packing and transport of such meat (regulations 8 to 11 and Schedules 5 to 15).

Apart from the approval, suspension and revocation of approval of premises for intra-Community trade (regulations 4 to 6), which are functions of the Secretary of State, enforcement of the Regulations is the responsibility of local authorities (regulation 17). They are required to provide the necessary supervision and inspection resources at approved premises (regulation 12), for which they may make charges (regulation 13).

The Regulations also make provision for powers of entry by persons authorised by the Secretary of State or local authorities (regulation 14) and concerning offences and penalties (regulation 18).

The Regulations do not affect the application as appropriate to export-approved premises of the provisions of the Slaughter of Animals (Prevention of Cruelty) (Scotland) Regulations 1955, the Food Hygiene (Scotland) Regulations 1959, the Food (Meat Inspection) (Scotland) Regulations 1961, the Slaughter of Animals (Stunning Pens) (Scotland) Regulations 1963 or the Slaughterhouse Hygiene (Scotland) Regulations 1978, except that they disapply (in regulation 19 of these Regulations) certain provisions of the said Food (Meat Inspection) (Scotland) Regulations 1961.

(1)

1972 c. 68; section 2 is subject to Schedule 2 to that Act and is to be read with sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (c. 21) (as inserted by section 54 of the Criminal Justice Act 1982 (c. 48)), and S.I. 1984/526.

(2)

S.I. 1972/1811.

(3)

1956 c. 30; section 26(3) was amended by paragraph 123 of Schedule 27 to the Local Government (Scotland) Act 1973 (c. 65) and by section 22(a) of the Local Government and Planning (Scotland) Act 1982 (c. 43); section 56(8) was amended by, and section 56(8A) inserted by, paragraph 8 of Schedule 15 to the Criminal Justice Act 1982 (c. 48); section 56(8A) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 41 and is to be read with section 289G of the Criminal Procedure (Scotland) Act 1975 and S.I. 1984/526.

(4)

S.I. 1961/243, amended by S.I. 1963/1231, 1979/1563, 1981/996, 1983/702 and 1985/1068.

(5)

S.I. 1978/1273, amended by S.I. 1984/842, 1985/1068, 1856 and 1986/1808.

(6)

S.I. 1955/1993, amended by S.I. 1963/1888, 1983/874 and 1984/1205.

(7)

S.I. 1963/1888, to which there are amendments not relevant to these Regulations.

(8)

S.I. 1959/413, amended by S.I. 1959/1153, 1961/622, 1966/967, 1978/173 and 1985/1068.

(9)

S.I. 1961/243, amended by S.I. 1983/702.

(10)

O.J. No. L26, 31.1.77, p.85.

(11)

1973 c. 65.

(12)

O.J. No. L229, 30.8.80, p.11.

(13)

O.J. No. L275, 26.9.86, p.36.

(14)

O.J. No. L26, 31.1.77, p.85.