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

Issue of licences

4.—(1) Subject to paragraph (2) below, no person shall use any premises as a slaughterhouse, cutting premises, cold store or re-wrapping centre unless those premises are currently licensed.

(2) Paragraph (1) above shall not apply until 1st August 1994, to—

(a) low throughput premises;

(b) premises, other than low throughput premises, the supply of fresh meat from which before the coming into force of these Regulations was exempt under the proviso to regulation 3 of the 1976 Regulations;

(c) premises, other than low throughput premises, the occupier of which holds a licence issued under the 1976 Regulations on or before 30th April 1994 and which is valid at that date;

(d) cold stores;

(e) re-wrapping centres;

(f) premises used as a slaughterhouse, cutting premises, cold store or re-wrapping centre for the slaughter or handling of farmed game meat or rabbit meat, or both, only.

(3) Without prejudice to paragraphs (10), (11) and (12) below, the Minister on application made to the Minister under this regulation—

(a) shall, subject to paragraph (8) below, license the premises to which the applicationrelates as—

(i) a slaughterhouse if either—

(aa) the Minister is satisfied that the premises comply with the requirements of Schedules 1 and 2; or

(bb) the occupier of the premises has agreed a work plan with the Minister to carry out and complete works at the premises necessary to comply with the requirements of Schedules 1 and 2 on or before 1st August 1996, and the supply of fresh meat from those premises before 1st May 1994 was exempt under the proviso to regulation 3 of the 1976 Regulations,

and (in either case) that the method of operation in those premises complies with the requirements of Schedules 6 to 9;

(ii) a low throughput slaughterhouse if either—

(aa) the Minister is satisfied that it complies with the requirements of Parts I and II of Schedule 5; or

(bb) the occupier of the premises has agreed a work plan with the Minister to carry out and complete works at the premises necessaryto comply with the requirements of Parts I and II of Schedule 5 on or before 1st August 1996,

and (in either case) that the method of operation in those premises complies with the requirements of Schedules 6 to 9;

(iii) cutting premises if either—

(aa) the Minister is satisfied that the premises comply with the requirements of Schedules 1 and 3; or

(bb) the occupier of the premises has agreed a work plan with the Minister to carry out and complete works at the premises necessary to comply with the requirements of Schedules 1 and 3 on or before 1st August 1996 and the supply of fresh meat from those premises before 1st May 1994 was exempt under the proviso to regulation 3 of the 1976 Regulations,

and (in either case) that the method of operation in those premises complies with the requirements of Schedules 6 and 10;

(iv) low throughput cutting premises if either—

(aa) the Minister is satisfied that they comply with the requirements of Part I of Schedule 5; or

(bb) the occupier of the premises has agreed a work plan with the Minister to carry out and complete works at the premises necessary to comply with the requirements of Part I of Schedule 5 on or before 1st August 1996,

and (in either case) that the method of operation in those premises complies with the requirements of Schedules 6 and 10;

(v) a cold store if the Minister is satisfied that the premises comply with the requirements of Schedules 1 and 4 and that the method of operation in those premises complies with the requirements of Schedule 6 and Schedule 12;

(vi) a re-wrapping centre if the Minister 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 Schedules 6, 12 and 13; and

(b) shall refuse so to license those premises if the Minister is not so satisfied.

(4) Each application for a licence under this regulation shall be made in writing to the Minister by the occupier of the premises to which the application relates.

(5) The Minister shall notify the food authority in writing of each such application.

(6) Where a food authority has been notified under paragraph (5) above of an applicationfor the licensing of any premises, it shall, within 14 days after receipt of such notification, submit to the Minister—

(a) written notification that it is making arrangements for the appointment of an adequate number of official veterinary surgeons to supervise those premises as required by regulation 8; and

(b) where appropriate, written representations relating to that application, a copy of which it shall send to the occupier.

(7) Within 14 days after the receipt of a copy of any representations submitted by the food authority under paragraph (6) above the occupier may submit written observations on those representations to the Minister.

(8) In determining whether or not to license any premises under paragraph (3) above the Minister shall have regard to—

(a) any representations submitted by the food authority under paragraph (6) above; and

(b) any observations submitted by the occupier under paragraph (7) above.

(9) The Minister shall notify the occupier and the food authority in writing of the Minister’s decision on each application for a licence under this regulation and of the reasons for any refusal to license such premises.

(10) Any licence granted in respect of any premises under this regulation shall be subject to the condition that any significant alteration to the premises or the equipment in those premises or the method of operation in those premises shall comply with the provisions of these Regulations.

(11) In granting a licence in respect of any premises under this regulation the Minister may make that licence subject to conditions in respect of any rabbits or species of bird which shall be slaughtered or handled there.

(12) In granting a licence in respect of a cold store the Minister may make that licence subject to the condition that fresh meat shall be stored only in one or more specified storage chambers or that the cold store shall store only fresh meat which is packaged.

(13) Where the Minister has refused to grant a licence under this regulation or granted a licence subject to any condition imposed pursuant to paragraph (11) or (12) above, the notification under paragraph (9) above shall state the right of appeal to a Meat Hygiene Appeals Tribunal for which provision is made in regulation 6, and the time within which an appeal shall be lodged.