The Fresh Meat (Hygiene and Inspection) Regulations 1992

PART III SUPERVISION AND CONTROL OF PREMISES

Supervision of premises

8.—(1) Every local authority shall, in relation to any premises, appoint for each such establishment one or more official veterinary surgeons, in each case to be an officer of that authority authorised to act in relation to the examination and seizure of meat, to provide the health certification of fresh meat in accordance with the provisions of regulation 15 and to be responsible for the following functions in relation to those premises, that is to say—

(a) the ante-mortem health inspection of animals in accordance with Schedule 8;

(b) the post-mortem health inspection of slaughtered animals in accordance with Schedule 10;

(c) where appropriate, the examination of the fresh meat of swine and horses for trichinellosis in accordance with paragraphs 12 and 13 of Part IX of Schedule 10;

(d) the health marking of fresh meat in accordance with Schedule 12; and

(e) securing the observance of the requirements of Schedules 1, 2, 3, 4, 5, 6, 7, 9, 11, 13, 14, 15 and 17.

(2) Every local authority shall, in relation to any premises, appoint such number of other persons to act as inspectors in relation to the functions specified in paragraph (1)(a) to (e) above as are necessary for the proper performance of those functions.

(3) An inspector appointed under paragraph (2) above shall act under the supervision and responsibility of an official veterinary surgeon and, in relation to the function specified in paragraph (1)(a) above shall only make an initial check on animals and assist with purely practical tasks.

Designation of official veterinary surgeons

9.—(1) The appropriate Minister may designate a veterinary surgeon as an authorised officer who is to act in the capacity of an official veterinary surgeon for the purposes of the Regulations.

(2) Subject to paragraphs (3) and (4) below, the appropriate Minister may, at any time, revoke or suspend the designation of any person as an official veterinary surgeon if it appears to the appropriate Minister that such person is unfit to perform one or more of the functions of an official veterinary surgeon under these Regulations.

(3) Where the appropriate Minister revokes or suspends a designation under paragraph (2) above he shall, as soon as possible, give to the person whose designation has been revoked or suspended a notice in writing of the reasons for the revocation or suspension and shall afford him an opportunity of making representations in writing to the appropriate Minister with regard to the revocation or suspension or of being heard by a person appointed for the purpose by the appropriate Minister.

(4) A notice given under paragraph (3) above shall inform the person to whom it is given of his right to make representations in writing, of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made and of his right to be heard and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which he may apply for an opportunity to be heard; and, in the event of the designated person making any representations (whether orally or in writing) to the appropriate Minister under this paragraph, the appropriate Minister shall reconsider whether that person is unfit to perform one or more of the functions of an official veterinary surgeon under these Regulations and shall reconsider, as soon as practicable, his decision to revoke or suspend the designation under paragraph (2) above in the light of those representations.

Powers of official veterinary surgeons and veterinary officers

10.—(1) Where it appears to an official veterinary surgeon that any of the requirements of these Regulations is no longer being complied with in respect of any premises he may, by notice in writing given to the occupier of the premises—

(a) prohibit the use of any equipment or any part of the premises specified in the notice; or

(b) require the rate of operation to be reduced to such an extent as is specified in the notice.

(2) A notice given under paragraph (1) above shall specify the breach of the Regulations that has occurred and the action needed in order to remedy it and it shall be copied to the local authority and the appropriate Minister; and

(a) such a notice shall be withdrawn by a further notice in writing given by an official veterinary surgeon to the occupier of the premises as soon as an official veterinary surgeon is satisfied that such action has been taken; and

(b) so long as such a notice is in effect, the licence in respect of the premises shall be treated as being altered by the addition of the requirements specified in the notice and the other provisions of the licence shall be subject to those requirements.

(3) An official veterinary surgeon or a veterinary officer may subject any animal or any carcase or meat in any premises to such examinations (including the taking and analysis of samples) as he may reasonably consider to be necessary for the protection of public health; and an official veterinary surgeon, veterinary officer or an inspector may, by notice in writing given to the occupier of any such premises, state that he requires to examine an animal, carcase or meat specified in the notice on the premises and once such notice is received the occupier shall detain any such animal, carcase or meat until such time as he is informed in writing, as soon as practicable, by the official veterinary surgeon or veterinary officer (as the case may be) that the result of any such examination has been obtained.

(4) A veterinary officer may at any time give to an official veterinary surgeon such reasonable directions as he may consider necessary so as to ensure that the duties and functions of such a person under the Regulations are being complied with and the official veterinary surgeon shall comply with those directions; where such a direction is given in writing, a copy shall be sent to the appropriate local authority.

(5) A person who is aggrieved by a decision of an official veterinary surgeon pursuant to paragraph (1) above may appeal to a magistrates' court or, in Scotland, to the sheriff.

Inspection and health marking

11.—(1) The local authority shall arrange for—

(a) ante-mortem health inspections and post-mortem health inspections to be carried out at every slaughterhouse in accordance with Schedules 8 and 10 respectively; and

(b) post-mortem health inspections to be carried out at every farmed game processing facility in accordance with Schedule 10.

(2) Where fresh meat has been passed as fit for human consumption following ante-and post-mortem health inspections it shall be marked in accordance with the requirements of Schedule 12 only if it complies with the requirements of these Regulations, and no other meat shall be so marked.

(3) No person shall remove, or cause or permit to be removed, from a slaughterhouse or a farmed game processing facility 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 paragraph (2) above.

(4) The health mark shall be applied by an official veterinary surgeon or by an inspector under the supervision and responsibility of an official veterinary surgeon and the equipment issued by the local authority for applying the health mark shall be used only by such persons; and no other person shall apply the health mark or possess or use the equipment for applying the health mark except that the occupier of any cutting premises or cold store who is acting under the supervision of an official veterinary surgeon may apply the health mark to cuts of meat or affix to meat that is packaged, a label on which the health mark is printed, and the equipment for applying the health mark and any labels on which the health mark is printed shall be kept securely in the room referred to in sub-paragraphs 1(r) of Schedule 2, 1(g) of Schedule 3 and 1(aa) of Part II of Schedule 6 or the facilities referred to in sub-paragraphs 1(o) of Part I of Schedule 5 and 1(y) of Part III of Schedule 6.

(5) No person shall use any mark so resembling a health mark used in accordance with Schedule 12 in such a way as to be likely to suggest that the product has been produced in accordance with these Regulations.

Control of times of slaughter, cutting up and admission or despatch of animals or products from premises

12.—(1) Subject to the provisions of this regulation a local authority may—

(a) determine the days on which, and the hours in those days between which—

(i) animals may be admitted to, or slaughtered in, any slaughterhouse or farmed game handling facility; and

(ii) where this is considered necessary to protect public health

(aa) the bodies of farmed game may be admitted to a farmed game processing facility;

(bb) fresh meat may be admitted to, or despatched from, any premises;

(cc) fresh meat may be cut up in any cutting premises; and

(b) vary the days and hours so determined.

(2) In determining, or varying, the days or hours referred to in paragraph (1) above a local authority shall have regard to—

(a) the need to secure adequate inspection and supervision for the purposes of these Regulations;

(b) the need to provide for continuous inspection for the purposes of these Regulations where this is necessary to maintain the flow of production and to avoid disruption of essential trade requirements; and

(c) the need to avoid demands on that authority’s resources which are dispropor tionate to the size of the business conducted at the premises in question.

(3) Before determining, or varying, the times of operations in any premises under paragraph (1) above the local authority shall consult the occupier of those premises or any other person who operates the premises with the occupier’s consent.

(4) The local authority shall give written notice of any determination or variation of the times of operation to the occupier of those premises and to any other person who has been consulted in accordance with paragraph (3) above.

(5) Any such determination or variation shall have effect in accordance with paragraph (10) below at the expiration of one month, beginning with the date of the said notice, unless an objection is made under paragraph (6) below before the determination or variation to which it relates has come into effect.

(6) A person who has been given notice in accordance with the provisions of paragraph (4) above may make objection to the local authority in writing that in determining or varying the times of operation at any premises the authority have not had proper regard to the factors set out in paragraph (2) above, or that due to a change of circumstance the authority should vary in accordance with those factors the times of operation previously determined or varied by them, whereupon the local authority shall reconsider the determination or variation having regard to those factors.

(7) The local authority shall give written notice of any further determination or variation or, where there is none, of their decision to maintain their previous determination or variation to the occupier of the premises concerned, and to any other person who operates the premises with the occupier’s consent.

(8) Any such further determination or variation or any such decision shall not have effect in accordance with paragraph (10) below or at all before the expiration of 21 days beginning with the date of the said notice and, where an appeal is made to a magistrates' court or, in Scotland, to the sheriff under paragraph (9) below, before the further determination or variation or decision to which it relates has come into effect, that further determination or variation or decision shall continue not to have effect until the expiration of fourteen days beginning with the date of the dismissal by the magistrates' court or, in Scotland, the sheriff of that appeal.

(9) A person who has been given notice in accordance with paragraph (7) above may appeal to a magistrates' court or, in Scotland, to the sheriff on the ground that in determining or varying, or in refusing to vary, the times of operation at any premises, the local authority have not had proper regard to the factors set out in paragraph (2) above.

(10) Subject to paragraph (11) below, so long as any notice of determination or variation is in effect, the licence in respect of the slaughterhouse or farmed game handling facility shall be treated as being altered by the addition of the requirements specified in that notice and the other provisions of the licence shall be subject to those requirements.

(11) The provisions of paragraph (10) above shall not apply in relation to any animal whose immediate slaughter is necessary by reason of any injury, or other emergency affecting that animal or by reason of the provisions of regulation 21 of the Slaughter of Animals (Humane Conditions) Regulations 1990, or regulation 11 of the Slaughter of Animals (Humane Conditions) (Scotland) Regulations 1990.

Notice of slaughter

13.—(1) Subject to paragraph (2) below and to other provisions of these Regulations, no person shall slaughter, or cause to be slaughtered, in any slaughterhouse or farmed game handling facility any animal intended for sale for human consumption unless he has not less than 24 hours before the time of slaughter or, in the case of farmed game slaughtered in a farmed game handling facility, not less than 72 hours before the time of slaughter, informed the local authority within whose area the place of slaughter is situated of the day and time on, and of the place at, which the slaughter will take place.

(2) Where—

(a) it is the regular practice in any slaughterhouse or farmed game handling facility to slaughter animals at fixed times on fixed days and written notice of this practice has been given to and accepted by the local authority this shall, as respects any animal slaughtered in accordance with such practice, be regarded as adequate compliance with the requirement in paragraph (1) above;

(b) by reason of injury or by reason of the provisions of regulation 21 of the Slaughter of Animals (Humane Conditions) Regulations 1990 or regulation 11 of the Slaughter of Animals (Humane Conditions) (Scotland) Regulations 1990, it is necessary that an animal should be slaughtered without delay, the provisions of paragraph (1) above shall be deemed to be satisfied if the local authority is informed of the slaughter as soon as reasonably possible, whether before or after the slaughter takes place.