The Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1994

Powers of official veterinary surgeons and veterinary officers

10.—(1) Where it appears to an official veterinary surgeon that in respect of any premises to which he is appointed—

(a) any of the requirements of these Regulations as to hygiene is clearly being breached; or

(b) adequate health inspection in accordance with these Regulations is being hampered; or

(c) the requirements of regulation 18(3) have not been complied with;

he may by notice in writing given to the occupier of those premises—

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

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

(2) Before giving notice under paragraph (1) above, the official veterinary surgeon shall consult with the food authority unless he reasonably considers that—

(a) it is necessary for the protection of public health to give such notice without delay, and

(b) it is not practicable to consult the food authority before giving such notice.

(3) 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, in accordance with the provisions of section 37(3) to (5) of the Act.

(4) A notice given under paragraph (1) above shall specify the breach of the Regulations that has occurred, the action needed in order to remedy it and the details specified in section 37(6) of the Act; and—

(a) such a notice shall be withdrawn by a further notice in writing given by an official veterinary surgeon or by an inspector acting under the authority of the official veterinary surgeon, to the occupier of the premises as soon as an official veterinary surgeon or such inspector 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.

(5) The official veterinary surgeon giving a notice under paragraph (1) above shall send a copy of that notice to the food authority and the Minister.

(6) An official veterinary surgeon, in relation to any premises to which he is appointed, or a veterinary officer, may subject any bird or rabbit 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, where he reasonably considers it necessary for the protection of public health, by notice in writing given to the occupier of any such premises, state that he requires to examine any specified group, bird or rabbit, carcase, or meat specified in the notice, on the premises and once such notice is received the occupier shall detain any such specified group, bird or rabbit, carcase or meat until such time as he is informed in writing, as soon as practicable, by the official veterinary surgeon, or veterinary officer or inspector (as the case may be) that the result of any such examination has been obtained.

(7) 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 these Regulations are being complied with and the official veterinary surgeon shall comply with those directions; the veterinary officer shall notify the food authority of any such directions given by him.