1994 No. 3082

FOOD

The Meat Products (Hygiene) Regulations 1994

Made

Laid before Parliament

Coming into force

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 16(1)(b), (c), (d), (e) and (f), 17(1), 26, 45, 48(1) and 49(2) and paragraphs 5(1), (2) and (3), 6(1)(a) and 7(1) and (2) of Schedule 1 to, the Food Safety Act 19901 and of all other powers enabling them in that behalf, after consultation in accordance with section 48(4) of that Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations, hereby make the following Regulations:—

PART IPRELIMINARY

Title and commencement1

These Regulations may be cited as the Meat Products (Hygiene) Regulations 1994 and shall come into force on 1st January 1995.

Interpretation2

1

In these Regulations, unless the context otherwise requires—

  • “the Act” means the Food Safety Act 1990;

  • “ambient store” means any premises, not being part of approved meat products premises, which store unpackaged meat products under non-refrigerated conditions;

  • “approval” means approval under these Regulations and “approved” has a corresponding meaning;

  • “approval authority” means—

    1. a

      in relation to combined premises, the Minister; and

    2. b

      in relation to other premises, the food authority in whose area they are situated;

  • “authorised officer”, in relation to an enforcement authority, means any person who is authorised by the authority in writing, either generally or specially, to act in matters arising under these Regulations;

  • “batch” means a quantity of a meat product which is covered by the same accompanying commercial document or health certificate;

  • “the Bovine Offal Regulations” means—

    1. a

      the Bovine Offal (Prohibition) Regulations 19892; and

    2. b

      the Bovine Offal (Prohibition) (Scotland) Regulations 19903;

  • “the British EC health mark” means the British EC health mark described in paragraph 1 of Part VI of Schedule 2;

  • “the British national health mark” means the British national health mark described in paragraph 2 of Part VI of Schedule 2;

  • “cold store” means any premises, not being part of approved meat products premises, which store unpackaged meat products under refrigerated conditions;

  • “cold treatment” means treatment by refrigeration;

  • “combined premises” means—

    1. a

      premises where meat processing operations are carried on and which share a common curtilage with a slaughterhouse;

    2. b

      any licensed cold store which stores both fresh meat and meat products;

  • “contravention” in relation to any provision of these Regulations includes a failure to comply with that provision;

  • “curing” means the distribution of salts throughout the product;

  • “drying” means natural or artificial reduction of the water content;

  • “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as amended by the Protocol signed at Brussels on 17th March 1993;

  • “EEA State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein (and accordingly includes—

    1. a

      any State that was a member State of the European Community before that Agreement; and

    2. b

      any other State which is a Contracting Party to the Agreement, whether or not it becomes such a member State);

  • “EC health mark”, in relation to meat, means a health mark required by any of the meat Directives;

  • “enforcement authority” is to be construed in accordance with regulation 19 below;

  • “establishment” means an establishment handling or storing any type of meat products or other products of animal origin;

  • “final consumer” means a person who buys meat products or other products of animal origin—

    1. a

      for his own consumption;

    2. b

      for direct transport to, and consumption on, premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him; or

    3. c

      for direct transport to premises used for handling or storing meat products either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him for sale as a ready-cooked take-away meat product for consumption off those premises;

  • “food authority” includes a port health authority;

  • “the Food Labelling Regulations” means the Food Labelling Regulations 19844 and the Food Labelling (Scotland) Regulations 19845;

  • “handling” means manufacturing, preparing, processing, packaging, wrapping, and rewrapping and “handled” has a corresponding meaning;

  • “heating” means the use of dry or damp heat;

  • “hermetically sealed container” means a container which is airtight and intended to protect the contents against the entry of micro-organisms after heat treatment;

  • “the Hygiene Regulations” means—

    1. a

      the Fresh Meat (Hygiene and Inspection) Regulations 19926; and

    2. b

      the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 19947;

  • “industrial meat products premises” means meat products premises whose production exceeds 7.5 tonnes of finished meat products per week or 1 tonne per week in the case of premises producing foie gras, or a lower level of production where a special hygiene direction is given;

  • “licensed” means licensed under the Hygiene Regulations;

  • “maturing” means any treatment of salted raw meat which in the course of a slow and gradual reduction of humidity is capable of generating natural fermentation or enzymatic processes, involving changes over a period of time which give the product typical organoleptic characteristics and ensure its preservation and wholesomeness at normal ambient temperature;

  • “meat” means—

    1. a

      meat as defined in—

      1. i

        article 2(a) of Directive 64/433/EEC8;

      2. ii

        article 2 of Directive 71/118/EEC9;

      3. iii

        article 2 of Directive 72/461/EEC10;

      4. iv

        article 2 of Directive 72/462/EEC11;

      5. v

        article 2 of Directive 88/657/EEC12;

      6. vi

        article 2(1) and (2) of Directive 91/495/EEC13;

      7. vii

        article 2(1)(d) of Directive 92/45/EEC14; and

    2. b

      minced meat and meat preparations falling within the definition of “meat” in regulation 2(1) of the Food Hygiene (General) Regulations 197015 and regulation 2(1) of the Food Hygiene (Scotland) Regulations 195916;

  • “meat-based prepared meal” means a wrapped meat product (excluding sandwiches or products made with pastry, pasta or dough) in which meat has been mixed with other foodstuffs before, during or after cooking and requires refrigeration for preservation;

  • “the meat Directives” means the Directives mentioned in the definition of “meat” in this regulation;

  • “meat preparations” means preparations made wholly or partly from meat or minced meat (but excludes meat which has undergone only cold treatment) which—

    1. a

      have undergone a treatment other than one specified in these Regulations for meat products; or

    2. b

      have been prepared by the addition of foodstuffs, seasonings or additives; or

    3. c

      have undergone a combination of the above;

  • “meat products” means products for human consumption prepared from or with meat which has undergone treatment such that the cut surface shows that the product no longer has the characteristics of fresh meat, but not—

    1. a

      meat which has undergone only cold treatment;

    2. b

      minced meat;

    3. c

      mechanically recovered meat;

    4. d

      meat preparations;

  • “the Meat Products etc. Regulations” means—

    1. a

      the Meat Products and Spreadable Fish Products Regulations 198417; and

    2. b

      the Meat Products and Spreadable Fish Products (Scotland) Regulations 198418;

  • “meat products premises” means any industrial or non-industrial premises handling or storing meat products;

  • “non-industrial meat products premises” means meat products premises whose production does not exceed 7.5 tonnes of finished meat products per week or 1 tonne per week in the case of premises producing foie gras, or a lower level of production where a special hygiene direction is given;

  • “occupier” means a person carrying on the business of producing, handling or storing meat products or other products of animal origin;

  • “other products of animal origin” means the following products intended for human consumption—

    1. a

      meat extracts;

    2. b

      rendered animal fat: fat derived from rendering meat, including bones;

    3. c

      greaves: the protein-containing residue of rendering, after partial separation of fat and water;

    4. d

      meat powder, powdered rind, salted or dried blood, salted or dried blood plasma;

    5. e

      stomachs, bladders and intestines, cleaned, salted or dried, and/or heated;

  • “packaging”, in relation to meat products or other products of animal origin, means the placing of one or more of such wrapped or unwrapped products in a container, as well as the container itself;

  • “potable water” means water within the meaning of Directive 80/778/EEC19 on the quality of water intended for human consumption;

  • “prepared food” means any food, intended for human consumption, not being a meat product or other product of animal origin or a meat-based prepared meal which is handled in an establishment;

  • “prohibited parts” means—

    1. a

      genital organs of female or male animals, except testicles;

    2. b

      urinary organs, except the kidneys and the bladder;

    3. c

      the cartilage of the larynx, the trachea and the extralobular bronchi;

    4. d

      eyes and eyelids;

    5. e

      the external, auditory meatus;

    6. f

      orneous tissues;

    7. g

      in poultry, the head (except the comb and the ears, the wattles and caruncles) the oesophagus, the crop, the intestines and the genital organs;

  • “raw material” means any animal product used as an ingredient in meat products or other products of animal origin, or used in the preparation of prepared food;

  • “relevant EEA State” means an EEA State other than Iceland;

  • “rewrapping centre” means premises where any of the following operations is carried out—

    1. a

      meat products are unwrapped, sliced or cut and subsequently rewrapped prior to desptach;

    2. b

      unpackaged meat products from different establishments are assembled into batches for despatch,

    and “rewrapped”, in relation to meat products, has a corresponding meaning;

  • “salting” means use of salt;

  • “slaughterhouse” means a licensed slaughterhouse;

  • “small percentage of meat” means 10% or less by weight of the raw meat used as a proportion of the weight of the final product;

  • “special hygiene direction” means a direction given by an enforcement authority for hygiene reasons at particular premises;

  • “third country” means a country which is not a relevant EEA State;

  • “treatment” means any chemical or physical process such as heating, smoking, salting, marinating, curing or drying, intended to preserve meat or animal products whether or not associated with other foodstuffs, or a combination of these various processes;

  • “wrapping”, in relation to meat products or other products of animal origin, means the protection of those products by the use of an initial wrapping or initial container in direct contact with the product concerned as well as the initial wrapper or initial container itself.

2

Except in so far 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.

Exemption3

These Regulations shall not apply to establishments handling or storing meat products or other products of animal origin exclusively for sale from those establishments to the final consumer, or to persons engaged in such handling, storing or selling, or to the transporting of meat products to the final consumer.

PART IIAPPROVAL OF MEAT PRODUCTS PREMISES

Approvals of premises other than ambient stores, rewrapping centres and cold stores4

1

After 31st December 1995 no person shall handle meat products in any premises to which this regulation applies unless those premises—

a

are approved under this regulation; and

b

comply with the appropriate requirements of Schedules 1 and 2.

2

This regulation applies to meat products premises other than ambient stores, rewrapping centres and cold stores.

3

No person—

a

shall despatch from any meat products premises approved under this regulation any meat products which do not comply with the provisions of these Regulations;

b

shall despatch any meat products to a relevant EEA State from meat products premises to which this regulation applies but which are not approved under this regulation.

4

Subject to paragraph (5) below, the approval authority, on application under this regulation—

a

shall approve the meat products premises to which the application relates—

i

for the handling of meat products, other than those specified in sub-paragraphs (ii) to (iv) below, if the authority is satisfied that they comply with the requirements of Schedule 1 and Parts I, II, III, V and VII of Schedule 2;

ii

for the handling of meat products which contain a small percentage of meat, if the authority is satisfied that they comply with the requirements of Schedule 1 and with Parts II, III, V and VII of Schedule 2;

iii

for the pasteurisation or sterilisation of meat products in hermetically sealed containers, if the authority is satisfied that they comply with the requirements of Schedule 1 and with Part I (except in the case of meat products which contain a small percentage of meat) and Parts II, III, V and VII of Schedule 2, and in the case of products in hermetically sealed containers with the requirements of Part VIII of Schedule 2;

iv

for the manufacture of meat-based prepared meals, if the authority is satisfied that they comply with the requirements of Schedule 1 and with Part I (except in the case of meat-based prepared meals which contain a small percentage of meat) and Parts II, III, V, VII, and IX of Schedule 2; and

b

otherwise shall refuse to approve them for any of those purposes.

5

In the case of non-industrial meat products premises, the approval authority may issue an approval if the authority is satisfied that they comply with the provisions of—

a

Schedule 1;

b

Parts II, III and V of Schedule 2;

c

if they manufacture products in hermetically sealed containers, Part VIII of Schedule 2; and

d

if they manufacture meat-based prepared meals, Part IX of Schedule 2.

6

Each application for an approval under this regulation shall be made in writing by the occupier of, or a person proposing to occupy, the premises to which the application relates.

7

The approval authority shall notify the applicant in writing of the decision on an application under this regulation and of the reasons for any refusal to grant approval.

Approval of ambient stores, rewrapping centres and cold stores5

1

After 31st December 1995 no person shall use any ambient store, rewrapping centre or cold store for the handling or storage of meat products unless—

a

it is approved under this regulation or licensed under the Hygiene Regulations; and

b

it complies with the appropriate requirements of Schedule 3.

2

No person shall despatch any meat products to a relevant EEA State from an ambient store, rewrapping centre or cold store which is not approved under this regulation.

3

The approval authority, on application under this regulation—

a

shall approve the premises to which the application relates—

i

as an ambient store for the storage of meat products if the authority is satisfied that the occupier will comply with the requirements of Part I of Schedule 3; and

ii

as a rewrapping centre for the handling or storage of meat products if the authority is satisfied that the occupier will comply with the requirements of Part II of Schedule 3; and

b

otherwise shall refuse to approve them for either of those purposes.

4

The approval authority on application under this regulation—

a

shall approve the premises to which the application relates as a cold store for the storage of meat products if they are already licensed as a cold store for the storage of fresh meat or fresh poultry meat; and

b

if the premises are not already so licensed, shall approve them as a cold store for the storage of meat products if the authority is satisfied that they comply with the requirements of Part III of Schedule 3; and

c

otherwise shall refuse to approve the premises as a cold store for the storage of meat products.

5

Each application for an approval under this regulation shall be made in writing by the occupier of, or a person proposing to occupy, the premises to which the application relates.

6

The approval authority shall notify the applicant in writing of the decision on an application under this regulation and of the reasons for any refusal to grant approval.

Revocation of approvals6

1

Subject to paragraph (3) below and to regulation 7(3) below, the approval authority may revoke an approval granted by it in respect of any premises if it is satisfied—

a

that there is an obvious failure in respect of the premises to comply with these Regulations;

b

that there are obstacles to an adequate health inspection of the premises;

c

that the business carried on at the premises in respect of which the approval was granted is no longer being carried on there; or

d

that the premises have become exempt under regulation 3.

2

The approval authority shall give the occupier of the premises notice in writing—

a

of the authority’s decision to revoke the approval;

b

of the date on which the revocation is to take effect; and

c

of the reasons for revocation.

3

An approval may not be revoked under paragraph (1)(a) or (b) above unless there is in force in relation to the premises—

a

a prohibition order under section 11 of the Act; or

b

an emergency prohibition order under section 12,

and in consequence of compliance with the order meat products may no longer be handled or stored at the premises.

4

In paragraph (2) above “occupier”, in relation to a proposed revocation by virtue of paragraph (1)(c) above, where the premises are vacant, means the last person known to the enforcement authority to have carried on at the premises the business of producing, handling or storing meat products or other products of animal origin or his successor in respect of that business.

Right of appeal7

1

Any person who is aggrieved by the refusal or revocation of an approval or by a special hygiene direction may appeal to a magistrates' court or, in Scotland, to the sheriff.

2

Section 37(3) to (6) of the Act shall have effect in relation to an appeal under this regulation as they have effect in relation to an appeal under that section but with the omission—

a

of the references to appeals for which provision is made by regulations under section 37(2); and

b

of subsection (5)(b) and the word “or” immediately preceding it.

3

A revocation shall not take effect until the time for appealing against it has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.

PART IIICONDITIONS FOR THE HANDLING, STORING AND MARKETING OF MEAT PRODUCTS

General

General conditions8

No person shall sell for human consumption from approved meat products premises any meat product manufactured in Great Britain unless—

a

it has been handled and stored in accordance with the appropriate requirements of Schedule 1, 2 and 3;

b

it has been prepared from raw materials which complied with the requirements of Part III of Schedule 2;

c

it has been checked in accordance with regulation 13.

Information requirements

Wrapping etc.9

No person—

a

shall sell for human consumption from approved meat products premises any meat product manufactured in Great Britain which is intended for consignment to a relevant EEA State; or

b

shall sell for human consumption any meat product handled or stored in Great Britain after 31st December 1995,

unless it has been wrapped, packaged or labelled at manufacturing premises in accordance with the provisions of Part V of Schedule 2 or at an approved rewrapping centre.

Health marking10

1

No person shall sell for human consumption from approved meat products premises any meat product manufactured or rewrapped in Great Britain and intended for consignment to a relevant EEA State unless it carries the British EC health mark.

2

No person shall consign to a relevant EEA State any meat product which was imported into Great Britain and stored but not rewrapped there unless it carries—

a

if it was imported from a relevant EEA State, a mark applied in accordance with legislation having effect in that State and corresponding to the provisions of these Regulations relating to the British EC health mark; and

b

if it was imported from a third country, the health marking required under Directive 72/462/EEC20.

3

No person shall sell for human consumption in Great Britain any meat product manufactured or rewrapped in Great Britain after 31st December 1995 unless it carries—

a

the British EC health mark; or

b

the British national health mark.

Indication of storage temperature and durability11

No person—

a

shall sell for human consumption from approved meat products premises any packaged meat product which was manufactured in Great Britain after these Regulations come into force and is intended for consignment to a relevant EEA State, and which cannot be stored at an ambient temperature; or

b

shall sell for human consumption any packaged meat product which was handled or stored in Great Britain after 31st December 1995 and which cannot be stored at an ambient temperature,

unless the packaging carries—

i

a clear and legible indication of the temperature at which the product should be stored and transported; and

ii

the appropriate durability indication in accordance with the Food Labelling Regulations.

Storage and transportation

Storage and transportation conditions12

1

No person shall sell for human consumption from approved meat products premises, any meat product manufactured in or imported into Great Britain after these Regulations come into force unless—

a

it is or has been handled, stored and transported in accordance with Part VII of Schedule 2 and, after 31st December 1995, if it is stored in a cold store separate from the meat products premises from which it is sold, that store has been approved; and

b

subject to sub-paragraph (c) below, it is accompanied during transportation by a health certificate signed by an authorised officer of the enforcement authority at the time of loading corresponding in form and content to that specified in Schedule 4 where—

i

it contains meat from a slaughterhouse situated in a region or area subject to prohibition or restriction under the Animal Health Act 198121;

ii

it contains meat bearing a special mark under regulation 14(2)(c) or (d) of the Fresh Meat (Hygiene and Inspection) Regulations 199222; or

iii

it is intended to be sent to a relevant EEA State after transit through a third country, in which case it shall be in a sealed means of transport;

c

where—

i

the product does not fall within sub-paragraph (b) above; and

ii

the exemption specified in paragraph (2) below does not apply,

it is accompanied during transportation by a commercial document which bears the official approval code of the meat products premises of origin.

2

The exemption mentioned in paragraph (1)(c)(ii) above is an exemption for meat products in hermetically sealed containers and having undergone one of the treatments referred to in paragraph B(a) of Part VIII of Schedule 2.

3

The enforcement authority may make a reasonable charge for the issue of any health certificate pursuant to paragraph (1)(b) above.

4

Any person who receives a consignment of meat products together with the commercial document referred to in paragraph (1)(c) above shall keep that document, and make it available for inspection by an authorised officer of the enforcement authority, when requested, for at least one year after receipt; in the case of meat products which cannot be stored at an ambient temperature, the period may be reduced to 6 months after the appropriate durability date of the product.

PART IVCONDITIONS RELATING TO ALL ESTABLISHMENTS

Duties of occupier of establishment13

1

The occupier of an establishment shall take all necessary measures to ensure that, at all stages of production or rewrapping of meat products and other products of animal origin, these Regulations are complied with and shall carry out his own checks to ensure—

a

that critical points in the establishment relative to the process used are identified and acceptable to the enforcement authority; and

b

that methods for monitoring and controlling such critical points are established and acceptable to the enforcement authority; and

c

if samples are taken for the purpose of checking cleaning and disinfection or for the purpose of checking compliance with the standards prescribed in Schedule 1, Part II paragraph A.1, that they are analysed or examined as appropriate in a laboratory acceptable to the enforcement authority; and

d

that as far as is reasonable and practicable a record in permanent form is kept and made available to an authorised officer of the enforcement authority upon request, and is kept in respect of the matters specified in sub-paragraphs (a) to (c) above for a period of at least two years; in the case of meat products which cannot be stored at an ambient temperature, the period may be reduced to 6 months after the minimum durability date of the product; and

e

that health marking is controlled and carried out properly; and

f

hat the enforcement authority is notified immediately when a laboratory examination of samples or any other information at the occupier’s disposal reveals a health risk; and

g

in the event of an imminent health risk, the withdrawal from the market of the quantity of products obtained under technologically similar conditions and likely to present the same risk; any quantity of the products so withdrawn shall be held under the supervision and control of the enforcement authority until it is destroyed, used for purposes other than human consumption, or, with the agreement of the enforcement authority, reprocessed in a manner appropriate to ensure it is safe for human consumption.

2

The occupier of an establishment shall ensure that workers at the establishment are given instruction and training with regard to hygiene matters, but the instruction and training given to a worker need only be such as is appropriate to any task undertaken by the worker.

PART VPREPARED FOOD

Prepared food obtained from raw materials of animal origin14

No person shall sell for human consumption any prepared food (other than a meat-based prepared meal) obtained from raw materials of animal origin and manufactured on approved premises unless—

a

that prepared food has been prepared in accordance with the requirements of Part II of Schedule 1;

b

that prepared food complies with the requirements of Part IX of Schedule 2; and

c

the preparation of that prepared food has been checked in accordance with regulation 13.

PART VIREQUIREMENTS FOR OTHER PRODUCTS OF ANIMAL ORIGIN

Conditions for premises manufacturing other products of animal origin15

No person shall manufacture other products of animal origin unless the premises where the manufacture takes place meet the requirements—

a

of Schedule 1; and

b

of Part I of Schedule 5,

and also—

i

in the case of rendered animal fats, greaves and by-products, the requirements of Part II of Schedule 5; and

ii

in the case of stomachs, bladders and intestines, the requirements of Part III of that Schedule.

Sale of other products of animal origin — meat not to have been declared unfit for human consumption16

No person shall sell for human consumption other products of animal origin manufactured in Great Britain unless they have been derived from meat which has not been declared unfit for human consumption.

Transportation condition for other products of animal origin17

1

No person shall sell for human consumption other products of animal origin unless they are accompanied during transportation by a commercial document which specifies the premises of origin.

2

Any person who receives a consignment of other products of animal origin together with the commercial document referred to in paragraph (1) above shall keep that document for at least one year after receipt, and make it available for inspection, when requested, by an authorised officer of the enforcement authority.

PART VIITRANSITIONAL

Use of premises, tools and equipment for the preparation of meat products from meat without an EC health mark18

Until the expiry of the derogations provided for in Directive 91/498/EEC23 the enforcement authority may in writing authorise the use of premises, tools and equipment which are used for the preparation of meat products from or with meat bearing an EC health mark for the preparation of meat products from or with other meat which is fit for human consumption, subject to the condition that the authority is satisfied that sufficient precautions will be taken to avoid misidentification as between products prepared from the former and the latter description of meat.

PART VIIIPENALTIES AND ENFORCEMENT

Supervision and enforcement19

1

Subject to paragraph (2) below, a food authority shall be responsible in its area for the supervision of establishments which fall within these Regulations (and shall accordingly be responsible through authorised officers for checks under Part IV of Schedule 2) and shall be responsible also for enforcing and executing these Regulations in relation to any such establishments.

2

On 1st April 1995 the responsibilities mentioned in paragraph (1) above are transferred to the Minister, so far as they relate to combined premises.

3

Accordingly, in these Regulations “enforcement authority”, in relation to any premises, means the authority that has those responsibilities by virtue of paragraph (1) or (2) above.

Offences and penalties20

1

If—

a

a person (other than an approval authority or enforcement authority) contravenes any provision of these Regulations; or

b

the occupier of any establishment fails to take all reasonable steps to secure the compliance by any person employed by him or any person admitted to that establishment with any provision of these Regulations,

he shall be guilty of an offence and shall be liable—

i

on summary conviction, to a fine not exceeding the statutory maximum; or

ii

on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

2

No prosecution for such an offence shall commence after the expiry of—

a

three years from the commission of the offence; or

b

one year from its discovery by the prosecutor,

whichever is the earlier.

Application of various sections of Food Safety Act 199021

The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to the Regulations—

  • section 2 (extended meaning of “sale” etc.);

  • section 3 (presumption that food is intended for sale for human consumption);

  • section 20 (offences due to fault of another person);

  • section 21 (defence of due diligence);

  • section 33 (obstruction, etc. of officers);

  • section 36 (offences by bodies corporate);

  • section 44 (protection of officers acting in good faith).

Information to be provided by food authorities22

Every food authority shall provide the Minister with such information relating to the execution of its duties under these Regulations as the Minister may from time to time require.

PART IXMISCELLANEOUS AND SUPPLEMENTARY

Meat products and other products of animal origin from Northern Ireland, the Isle of Man and the Channel Islands23

1

The places to which this regulation applies are Northern Ireland, the Isle of Man or the Channel Islands.

2

No person—

a

shall sell for human consumption from approved meat products premises—

i

any meat product; or

ii

any other product of animal origin,

which has been handled or stored in a place to which this regulation applies and which is intended for consignment to a relevant EEA State; or

b

shall sell for human consumption any meat product or other product of animal origin which has been handled or stored in a place to which this regulation applies after 31st December 1995,

unless any handling or storing of that product in that place was in accordance with legislation having effect in that place and corresponding to these Regulations.

3

No person shall sell for human consumption in Great Britain any meat product which has been handled after 31st December 1995 in a place to which this regulation applies unless it carries the relevant EC health mark or the relevant national health mark.

4

In this regulation “the relevant EC health mark” and “the relevant national health mark”, in relation to any place to which this regulation applies, mean a mark applied in accordance with legislation having effect in that place and corresponding to the provisions of Part VI of Schedule 2 or paragraph 2 of Part II of Schedule 3 relating to the British EC health mark or (as the case may be) the British national health mark.

Amendments24

1

After regulation 4A(b) of the Food Hygiene (Docks, Carriers, etc.) Regulations 196024, there shall be inserted—

c

the Meat Products (Hygiene) Regulations 1994.

2

At the end of sub-paragraph (b)(iv) of the definition of “food business” in regulation 2 of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 196625 there shall be added—

or

i

to which the Meat Products (Hygiene) Regulations 1994 apply;

3

At the end of regulation 3(2)(b) of the Food Hygiene (General) Regulations 197026 there shall be added—

iv

the Meat Products (Hygiene) Regulations 1994;

4

At the end of regulation 3(2)(e) of the Food Premises (Registration) Regulations 199127 there shall be added “or an approval is required under regulation 4 or 5 of the Meat Products (Hygiene) Regulations 1994;”.

Angela BrowningParliamentary Secretary, Ministry of Agriculture, Fisheries and Food

Signed by authority of the Secretary of State for Health

CumberlegeParliamentary Under Secretary of State for Health
Hector MonroParliamentary Under Secretary of State, Scottish Office

Signed by authority of the Secretary of State for Wales

Gwilym JonesParliamentary Under Secretary of State, Welsh Office

SCHEDULE 1GENERAL CONDITIONS

Regulations 4(1), (4) and (5), 8, 14(a) and 15

PART IGENERAL CONDITIONS FOR APPROVAL OF ESTABLISHMENTS

Establishments shall have at least the following facilities:

1

working areas of sufficient size for work to be carried out under adequate hygienic conditions; their design and layout shall be such as to preclude contamination of the raw materials and the products referred to in these Regulations;

2

in areas where the raw materials are handled and the products referred to in these Regulations are manufactured:

a

solid, impermeable flooring which is easy to clean and disinfect and laid in such a way as to facilitate the drainage of the water or provided with equipment to remove water;

b

walls which have smooth surfaces and are easy to clean, durable and impermeable, covered with a light-coloured, washable coating up to a height of at least two metres, or at least storage height in refrigeration and storage rooms;

c

ceilings or roof linings which are easy to clean;

d

doors in non-corrodible materials which are easy to clean;

e

adequate ventilation and, where necessary, steam and water-vapour extraction facilities;

f

adequate natural or artificial lighting;

g

an adequate number of facilities with hot and cold running water, or water pre-mixed to a suitable temperature, for cleaning and disinfecting hands; in work rooms and lavatories at industrial meat products premises taps shall not be operated by hand contact; these facilities shall be provided with cleaning and disinfecting materials and hygienic means of drying hands;

h

facilities for cleaning, and disinfecting tools, equipment and utensils;

3

in rooms where the raw materials and the products covered by these Regulations are stored, the conditions as those at paragraph 2 above apply, as appropriate, except that it is sufficient to have—

a

in chilling and refrigeration rooms, a floor which is laid in such a way as to facilitate the draining of water and is easy to clean and disinfect; and

b

in freezing and deep-freezing rooms, a floor which is impermeable and rotproof and is easy to clean.

In these cases, a sufficiently powerful refrigeration plant to keep the raw materials and products at any temperature indicated under regulation 11 shall be available.

The use of wooden walls in the rooms referred to in sub-paragraph (b) above does not constitute grounds for refusing or revoking approval provided they were built before 1st January 1983.

The capacity of the store rooms shall be adequate to store the raw materials used and the products referred to in these Regulations;

4

facilities for hygienic handling and protection of raw materials and non-packaged or wrapped finished products during loading and unloading;

5

appropriate arrangements for protection against pests such as insects, rodents and birds;

6

instruments and working equipment such as cutting tables, containers, conveyor belts, saws and knives, intended to come into direct contact with raw materials and products are made of corrosion-resistant material and are easy to clean and disinfect;

7

special watertight, non-corrodible containers, with lids and fasteners to prevent unauthorised persons from removing unfit material from them, in which to put raw materials or products not intended for human consumption, or a lockable room for such purposes if the quantities are large enough to necessitate this or if they are not removed or destroyed at least once daily. Where such raw materials or products are removed through conduits, these shall be constructed and installed so as to avoid any risk of contamination of the other raw materials or products;

8

appropriate facilities for the cleaning and disinfecting of equipment and utensils;

9

a waste water disposal system which meets hygiene requirements;

10

a supply of potable water; the use of non-potable water being restricted to steam production, fire fighting and refrigeration equipment, provided that the pipes installed for this purpose preclude the use of this water for other purposes and present no direct or indirect risk of contamination of the product; non-potable water pipes shall be clearly distinguished from those used for potable water;

11

at industrial meat products premises an appropriate number of changing rooms with smooth, waterproof washable walls and floors, at non-industrial meat products premises an appropriate number of lockers and at both descriptions of premises an appropriate number of wash basins and flush lavatories. The latter must not open directly on to the work rooms. Wash basins shall be equipped for hand-washing and have hygienic means of drying hands; wash-basin taps at industrial meat products premises shall not be operable by hand contact;

12

if the volume of products treated requires frequent or permanent presence of the inspection service, an adequately equipped lockable room for their exclusive use;

13

a room or a secure place for the storage of detergents, disinfectants and similar substances;

14

a room or cupboard for storing cleaning and maintenance material;

15

adequate facilites for cleaning and disinfecting means of transport. However, such facilities are not compulsory if there is a facility for the means of transport to be cleaned and disinfected in installations acceptable to the enforcement authority.

PART IIGENERAL CONDITIONS OF HYGIENE

General conditions of hygiene applicable to establishments, equipment and tools

A

1

Equipment and instruments used for working on raw materials and products, floors, walls and partitions, ceilings or roof linings, shall be kept in a satisfactory state of cleanliness and repair, so that they do not constitute a source of contamination for raw materials or products. Water, where used for sterilising tools, shall be at a temperature of not less than +82°C; or tools can be disinfected by other means which are acceptable to the enforcement authority.

2

No animals may enter the rooms during working hours. Rodents, insects and any other vermin shall be systematically exterminated from storage or processing areas; rodenticides, insecticides, disinfectants and any other potentially toxic substances shall be stored in rooms or cupboards which can be locked; their use shall not present any risk of contamination of the products.

3

Subject to it being acceptable to the enforcement authority, working areas, instruments and working equipment may be used for work on other foodstuffs fit for human consumption.

4

Potable water, shall be used for all purposes. Exceptionally, non-potable water may be used for steam production, fire-fighting and the cooling of equipment, provided that the pipes installed for the purpose preclude the use of such water for other purposes and present no risk of contamination of the raw materials and products.

5

Detergents, disinfectants and similar substances shall be acceptable to the enforcement authority and used in such a way that they do not have adverse effects on the machinery, equipment, raw materials and products. If appropriate, such instruments and working equipment shall be thoroughly rinsed with potable water. Products for maintenance and cleaning shall be kept in the room or cupboard provided for in paragraph 14 of Part I of this Schedule.

6

The spreading of sawdust or any other similar substance on the floor of the workrooms and storage rooms for the raw materials and products referred to in these Regulations is prohibited.

General conditions of hygiene applicable to staff

B

1

Proper standards of cleanliness are required of staff at all times. Specifically:

a

staff shall wear suitable clean working clothes and where necessary headgear which completely encloses the hair;

b

staff assigned to the handling and preparation of raw materials and products shall be required to wash their hands at least each time work is resumed and/or where contamination has occured; wounds to the hands must be covered by a waterproof dressing;

c

smoking, spitting, eating and drinking in rooms where raw materials and products are worked on or stored is prohibited.

2

The occupier of meat products premises shall take all the requisite measures to prevent persons liable to contaminate raw materials and products from handling them, until there is evidence that such persons can do so without risk.

When recruited after these Regulations come into force to work in approved premises any person working on or handling raw materials and products shall be required to prove, by a medical certificate, that there is no impediment to such employment.

SCHEDULE 2SPECIAL CONDITIONS

Regulations 4(1), (4), and (5), and 8(2), (3), (4), 9, 12(1) and (2) and 14(b)

PART ISPECIAL CONDITIONS FOR APPROVAL OF MEAT PRODUCTS PREMISES

1

In addition to the general requirements laid down in Part I of Schedule 1, meat products premises handling or storing meat products shall have at least:

a

suitable rooms large enough for the separate storage:

i

of raw materials under refrigeration; and

ii

of meat products at ambient temperature or, where appropriate, depending on the nature of the products, under refrigeration;

non-packaged raw materials, meat products and other products of animal origin shall be stored separately from packaged raw materials, meat products and other products of animal origin;

b

one or more appropriate rooms large enough for the manufacture and wrapping of meat products. Provided these operations constitute a single production cycle complying with the requirements of these Regulations and guaranteeing the safety of the raw materials and finished products, and provided the design and dimensions of the manufacturing room allow, they may be carried out in the same room;

c

a room or a secure place for the storage of certain ingredients such as food additives;

d

a room for packaging, unless the conditions laid down for packaging in paragraph 3 of Part V of this Schedule are fulfilled, and for dispatch;

e

a room for the storage of wrapping and packaging materials;

f

a room for cleaning equipment and instruments, such as hooks and containers.

2

Depending on the type of product involved, and subject to the conditions in sub-paragraph (l) below, meat products premises may also be required to provide the following:

a

a room or — if there is no danger of contamination — an area, where packaging is removed;

b

a room or — if there is no danger of contamination — an area, for thawing raw materials;

c

a cutting room;

d

a room or equipment for drying or maturing;

e

a room or equipment for smoking;

f

a room for desalting, soaking and any other treatment, particularly of natural guts, where these raw materials have not undergone such operations in the establishment of origin;

g

a room for the prior cleaning of the raw materials needed to prepare meat products;

h

a room for salting, if necessary with air-conditioning facilities to maintain the temperature provided for in paragraph 4 of Part II of this Schedule;

i

a room for the prior cleaning, if necessary, of meat products to be sliced or cut and wrapped;

j

a room, if necessary with air-conditioning facilities, for slicing or cutting and packaging of meat products intended for sale in pre-packed form;

k

the specific rooms provided for in Schedule 5, where the products referred to therein are manufactured in the meat products premises referred to in this Part of this Schedule;

l

where the conditions laid down in paragraph 1(b) of this Part of this Schedule are met, some of these operations may be carried out in the same room, providing this is acceptable to the enforcement authority.

Where the conditions laid down in paragraph 1(b) are note met, operations which might constitute a health risk in the case of certain products manufactured simultaneously and operations associated with excessive heat production shall be carried out in a separate room.

PART IISEPCIAL CONDITIONS OF HYGIENE FOR PREMISES PREPARING MEAT PRODUCTS

1

Rooms used for storing or working on foodstuffs other than meat or meat products, liable to form part of the composition of meat products, shall be subject to the general rules on hygiene laid down in these Regulations.

2

Raw materials and the ingredients forming part of the composition of meat products as well as the products themselves and products of animal origin and their containers shall not come into direct contact with the ground and shall be handled and stored under conditions which preclude any risk of contamination. Care shall be taken to ensure that there is no contact between raw materials and finished products.

3

The use of wood is permitted in rooms in which meat products are smoked, cured, matured, pickled, stored or dispatched, when essential for technological reasons, provided there is no risk of the products being contaminated. Wooden pallets may be brought into those rooms but solely for transporting packaged meat or meat products and for no other purposes. In addition, the use of galvanised metals may be authorised for the drying of hams and sausages, provided that they are not corroded and do not come into contact with the meat products.

4

The temperature in rooms or parts of rooms where work on meat, minced meat used as a raw material, meat products and meat preparations is carried out shall ensure hygienic production.

5

Subject to paragraphs 6 and 7 below, where necessary during cutting, slicing and curing operations rooms for cutting and curing shall be kept at a temperature not exceeding 12°C.

6

Paragraph 5 above does not apply to non-industrial meat products premises.

7

The enforcement authority may grant a derogation from the requirement of paragraph 5 above where the authority considers such a derogation justified in the light of the technology used in manufacturing the meat products.

PART IIIREQUIREMENTS FOR RAW MATERIALS TO BE USED FOR THE MANUFACTURE OF MEAT PRODUCTS

1

1

Subject to paragraph (3) below, meat which is to be used for the manufacture of meat products shall comply with the requirements of these Regulations and—

a

must be fit for human consumption;

b

must have come from an establishment approved in accordance with the meat Directives and must comply with those Directives and with any applicable Regulations;

c

must have been transported in accordance with satisfactory hygiene conditions specified in the particular Directive applicable to that type of meat or in any applicable Regulations;

d

must from the time of its arrival in the meat products premises until the time of its use, have been kept in accordance with the requirements of the meat Directives and any applicable Regulations; and

e

must not include any of the prohibited parts.

2

If meat which is to be used for the manufacture of meat products is of a description required to bear an EC health mark, it must bear that health mark.

3

Until 31st December 1995—

a

meat obtained from premises granted derogations under Directive 91/498/EEC28 —

i

may be held in approved meat products premises only if it is stored separately from meat marked with an EC health mark; and

ii

may be used in the same place or at the same time as meat bearing an EC health mark but only in accordance with a written authorisation under regulation 18; and

b

meat products obtained from such meat shall not bear the British EC health mark.

2

Meat products which are to be used as a raw material must comply with the requirements of these Regulations. Meat products imported in accordance with Directives 72/462/EEC29 and 90/675/EEC30 may be used as a raw material in the manufacture of meat products.

3

Minced meat and meat preparations intended to be used in the production of meat products, unless produced in the manufacturing room referred to in paragraph 1(b) of Part I of this Schedule must—

a

have come from premises approved in accordance with Directive 88/657/EEC31 and have been transported under satisfactory health conditions in accordance with that Directive, and from the time of their arrival in the meat products premises until the time of their use have been kept in accordance with the requirements of that Directive; or

b

have come from premises registered under the Food Premises (Registration) Regulations 199132, in which case the meat products produced shall not be marked with the British EC health mark.

4

This Part of this Schedule is without prejudice—

a

to the Bovine Offal Regulations; and

b

to the Meat Products etc. Regulations.

PART IVSUPERVISION OF PRODUCTION

1

Establishments shall be subject to supervision by an authorised officer of the enforcement authority, who shall ensure that the requirements of these Regulations are met and in particular:

a

check:

i

the cleanliness of the establishments and equipment and staff hygiene;

ii

the efficacy of the checks carried out by the occupier in accordance with regulation 13;

iii

if appropriate, the microbiological and hygienic condition of the products of animal origin;

iv

the efficacy of the treatment of the meat products;

v

the hermetically sealed containers by means of random sampling;

vi

the appropriate health marking of the meat products and identification of products declared unfit for human consumption and what is done with the latter;

vii

the storage and transport conditions;

b

if appropriate take samples required for laboratory tests;

c

make any other checks considered necessary to ensure compliance with these Regulations;

d

if appropriate establish whether a meat product has been made from meat in which other foodstuffs, additives or condiments have been incorporated, by submitting it to an appropriate examination and establishing whether it complies with the production criteria laid down by the producer and especially whether the composition of the product truly corresponds to the information on the label, in particular where the sales description referred to in paragraph 4 of Part V of this Schedule is used.

2

The authorised officer shall have free access at all reasonable times to the cold stores and ambient stores and to all working establishments, to check that these provisions are being strictly complied with.

PART VWRAPPING, PACKAGING AND LABELLING

1

Wrapping, packaging and labelling shall take place under satisfactory hygiene conditions in rooms provided for that purpose.

Without prejudice of Council Directive 89/109/EEC33 on the approximation of the laws of the member States relating to materials and articles intended to come into contact with foodstuffs, wrapping and packaging shall comply with the rules of hygiene laid down in these Regulations, and be strong enough to protect the meat products effectively.

2

Wrapping and packaging may not be re-used for meat products, with the exception of certain special types of containers (“reusable containers”) such as earthenware, glass or plastic containers which may be re-used after thorough cleaning and disinfecting.

3

Manufacture of meat products and packaging operations may take place in the same room where reusable containers are used.

4

They may also take place in the same room if—

a

the room shall be sufficiently large and so equipped that the hygiene of the operations is not compromised;

b

where appropriate, the packaging and wrapping shall be enclosed in a sealed protective cover immediately after manufacture; this cover shall be protected from damage during transport to the meat products premises and stored under hygienic conditions in a room intended for that purpose;

c

the rooms for storing the packaging material shall be free from amounts of dust which could constitute an unacceptable risk of contamination of the products and from vermin and have no atmospheric connection with rooms containing substances which might contaminate meat, minced meat, meat preparations or meat products. Packaging shall not be placed directly on the floor;

d

packaging shall be assembled under hygienic conditions before being brought into the room; this requirement need not be complied with where the enforcement authority is satisfied that there is no risk of contamination of the meat products;

e

packaging shall be brought to the room under hygienic conditions and used without delay. Where there is a risk of contamination it may not be handled by staff handling unwrapped meat, minced meat, meat preparations or meat products;

f

immediately after packaging, the meat products shall be placed in the storage rooms provided for the purpose.

5

The species of meat used in the manufacture of the product shall be visible and legibly displayed on the wrapping or on the label of meat products, unless indicated by the sales description of the product or in the list of ingredients.

6

If the product is contained in packaging not intended for the final consumer, the date of preparation shall be visibly and legibly displayed on the packaging or otherwise clearly indicated.

PART VIHEALTH WORK

Descriptions of health mark

1

The British EC health mark shall consist of an oval mark containing in legible form and in printed capital letters the following information—

a

in the upper part, the letters “UK” followed by the meat products premises code and in the lower part the letters “EEC”; or

b

in the upper part the words “United Kingdom”, in the centre, the meat products premises code and in the lower part, the letters “EEC”.

2

The British national health mark shall consist of an oval surround containing in legible form and in printed capital letters the following information—

a

in the upper part, the letters “UK” followed by the meat products premises code and in the lower part the letters “GB”; or

b

in the upper part, the words “United Kingdom”, in the centre the meat products premises code and in the lower part the letters “GB”.

3

In the case of meat products from premises approved under regulation 4(4)(a)(ii), the British EC health mark or British national health mark (in addition to complying with paragraph 1 or 2 above) shall include the figure 8 and a hyphen, which shall precede the number which forms part of the premises approval code.

Other provisions

4

Subject to paragraph 6 below, meat products shall carry the British EC health mark or British national health mark in an easily visible place. Marking shall be carried out during or immediately after manufacture in the meat products premises or wrapping in a re-wrapping centre. The mark shall be legible, indelible and its characters easily distinguishable. The mark may be applied to the product or to the wrapping, if the meat product is individually wrapped, or to a label affixed to the wrapping in accordance with paragraph 7 below.

5

Subject to paragraph 6 below, where meat products marked in accordance with paragraph 4 are subsequently placed in a packaging, the health mark shall also be applied to the packaging. Where a meat product is individually wrapped and packaged, it shall be sufficient for the mark to be applied to the packaging.

6

The health marking of meat products in palletised consignments intended for further processing or wrapping in approved premises is not necessary provided that:

a

the consignments containing the meat products bear the health mark on the external surface;

b

the recipient premises maintain a separate record of the quantities, type and origin of meat products received in accordance with this paragraph;

c

the destination and intended use of meat products are clearly indicated on the external surface of the outer packaging except when this is transparent.

However, where a consignment of wrapped products is contained in a transparent packaging, it is not necessary to health mark the packaging as long as the British EC health mark or British national health mark on the wrapped products is clearly visible through the packaging.

7

The British EC health mark or British national health mark may be applied to the product, wrapping or packaging by an ink stamp or by branding, or it may be printed on or applied to a label. If it is applied to the packaging, the mark shall be destroyed when the package is opened. Non-destruction of the mark is permissible only when the packaging is destroyed by being opened.

8

The mark may also be on an irremovable plate of resistant material complying with the hygiene requirements laid down in these Regulations.

PART VIISTORAGE AND TRANSPORT

1

In meat products premises meat products shall be stored in the rooms provided for in paragraph 1(a) of Part I of Schedule 2.

2

Meat products shall be despatched in such a way that they are protected during transportation from anything which might contaminate or adversely affect them. For this purpose account shall be taken of the length of the journey, the means of transport employed and the weather conditions.

3

Meat products shall, if the product so requires, be transported in vehicles equipped to ensure that they can be transported at the required temperatures and in particular that the temperature indicated in accordance with regulation 11 is not exceeded.

PART VIIISPECIAL CONDITIONS FOR PASTEURISED OR STERLIISED MEAT PRODUCTS IN CANS AND OTHER HERMETICALLY SEALED CONTAINERS

The conditions in this Part of this Schedule must be satisfied in relation to meat products premises manufacturing pasteurised or sterilised meat products in hermetically sealed containers, in addition to the general conditions laid down in Schedule 1.

A1

Such premises shall have—

a

a device for conveying empty cans hygienically to the work room;

b

equipment enabling cans to be thoroughly cleaned immediately before filling;

c

equipment for washing containers in potable water hot enough to remove grease after they have been hermetically sealed and before retorting;

d

a suitable room, area or installation for cooling and drying containers after heat treatment;

e

facilities for the incubation of samples taken from meat products packed in containers;

f

adequate facilities for checking whether cans are hermetically sealed and undamaged.

2

The occupier of such premises shall ensure that—

a

containers are removed from the heating equipment at a sufficiently high temperature to ensure rapid evaporation of moisture and are not touched by hand until completely dry;

b

containers in which gas appears to be present undergo a further examination;

c

the thermometers of heating equipment are checked against calibrated thermometers;

d

containers are:

i

rejected if damaged or badly made;

ii

rejected or cleaned if they are dirty and thoroughly cleaned immediately before filling, by means of the cleaning equipment referred to in sub-paragraph 1(b) above; the use of static water is not permitted;

iii

if necessary, drained for a sufficiently long time after cleaning and before filling;

iv

if necessary, washed in potable water, sufficiently hot to remove grease if appropriate, after they have been hermetically sealed and before retorting, by means of the equipment referred to in sub-paragraph 1(c) above;

v

cooled, after heating, in water meeting the requirements in sub-paragraph (e) of B below;

vi

handled, before and after heat treatment, in such a way that any damage or contamination is avoided.

B

The occupier of meat products premises manufacturing meat products in hermetically sealed containers shall also check by sampling that—

a

either—

i

a process is applied to meat products intended for storing at ambient temperature which results in an Fo value equal to or exceeding 3.0 unless the equivalent stability has been obtained by the combined use of heat and curing salts; or

ii

that a heat treatment procedure is applied which is at least equivalent to pasteurisation, the parameters being approved by the enforcement authority;

b

empty containers meet production standards;

c

checks on the daily output are carried out at intervals determined in advance, to ensure the efficacy of the sealing. To this end, suitable equipment shall be available for examining perpendicular sections of the seams or torn down seams of the sealed cans;

d

the necessary checks are carried out to ensure that the containers have undergone an adequate heat treatment, using in particular control markers (where appropriate) to indicate that heat treatment has been applied;

e

the necessary checks are carried out to ensure that the cooling water contains a residual level of chlorine after use unless the enforcement authority is satisfied that the water fulfils the requirements of Directive 80/778/EEC34;

f

incubation tests acceptable to the enforcement authority are carried out on preserved meat products in containers which have undergone heat treatment;

g

pasteurised products in containers satisfy criteria acceptable to the enforcement authority.

C

1

The enforcement authority may accept the addition of certain substances to the water used in retorts in order to prevent corrosion of cans and to soften and disinfect the water.

2

The enforcement authority may allow the use of recirculated water for cooling heat-processed containers. Such water shall be purified and have either been treated with chlorine or undergone some other approved treatment.

3

The recirculated water shall circulate in closed circuit so that it cannot be used for other purposes. However, where there is no risk of contamination, the water used for cooling containers and water from retorts may be used at the end of a working period for cleaning floors.

PART IXSPECIAL CONDITIONS FOR MEAT-BASED PREPARED MEALS

In addition to the general conditions in Schedule 1 and in Parts I, II and III of this Schedule—

1

meat products premises manufacturing prepared meals shall have a separate room for the preparation and wrapping of prepared meals or, if there is no risk of contamination, a separate area; a separate room is not required where meat products and meat are handled at separate times, provided the rooms used for these operations are cleaned and disinfected between use for each type of product;

2

a

the meat product contained in the prepared meal shall, as soon as it has been cooked:

i

either be immediately mixed with the other ingredients; in that event the time during which the temperature of the meat product is between 10°C and 63°C shall be kept to a minimum;

ii

or be refrigerated to 10°C or less before being mixed with the other ingredients;

b

the meat product and the prepared meal shall be refrigerated to an internal temperature of +10°C or less within a period of not more than two hours after the end of cooking and to the storage temperature as soon as possible. Meat products premises need not comply with the two-hour period where a longer period is justified for reasons connected with the production technology employed, provided that the safety of the end product is guaranteed and it is acceptable to the enforcement authority;

c

the prepared meal shall, where appropriate, be frozen or quick-frozen immediately after cooling;

3

the results of the various checks to be carried out by the operator or manager shall be kept, so that they can be shown on receipt of any request from the enforcement authority, for a minimum period according to the durability of the product concerned.

SCHEDULE 3STORING, REWRAPPING AND ASSEMBLY OF MEAT PRODUCTS

Regulations 5(1), (3) and (4), 8(2)

PART IREQUIREMENTS FOR AMBIENT STORES

The occupier of an ambient store shall ensure that meat products are stored in rooms of solid construction which are easy to clean and disinfect.

PART IIREQUIREMENTS FOR REWRAPPING CENTRES

The occupier of premises approved in accordance with regulation 5(3)(a)(ii) shall comply with the appropriate requirements below—

1

a

for premises in which meat products are rewrapped, the appropriate conditions in Schedule 1 and Schedule 2, Part I, paragraph 1(a), (b), (d), (e) and (f) and paragraph 2(a), (c), (i) and (j); or

b

for premises in which unpackaged meat products are assembled for despatch elsewhere, the appropriate conditions in paragraph 1 of Part VII of Schedule 2.

2

a

The British EC health mark or the British national health mark must be applied to meat products at a rewrapping centre if the mark applied at the production establishment is removed or destroyed.

b

If meat products are put together into batches for despatch from the centre without removal of their original wrapping and the mark applied at the production establishment remains intact, the centre need not apply the British EC health mark or British national health mark to further packaging.

c

The British EC health mark or British national health mark must be applied to unpackaged meat products which have been stored under refrigerated conditions in a rewrapping centre. It shall be affixed to the last packaging applied at the centre, where such a last packaging is applied; and for the purposes of this Schedule “last packaging” means the final container or covering enclosing the meat products.

3

Occupiers of rewrapping centres must maintain adequate records so that an authorised officer of the enforcement authority may trace a rewrapped meat product back to its production establishment.

PART IIIREQUIREMENTS FOR COLD STORES

1

The following provisions of Schedule 1 have effect, where appropriate, in relation to premises approved as a cold store—

a

paragraphs 2, 6, 8, 9, 10, 11 and 13 of Part I; and

b

paragraphs A1, 2, 4, 5 and 6 and B1 and 2 of Part II.

2

Every room in a cold store in which meat products are stored shall, in addition, have:

a

insulation materials which are rotproof and odourless;

b

a recording thermometer or recording telethermometer in or for each storage area;

c

facilities for the hygienic handling and protection of meat products during loading and unloading.

3

The occupier of the cold store shall ensure that meat products are:

a

kept at the internal temperature indicated in accordance with regulation 11;

b

loaded, unloaded and handled in a hygienic manner;

c

adequately protected during storage from any risk of contamination;

d

identifiable as to origin while they are being stored;

e

made available for inspection on request by an authorised person.

4

The occupier of the cold store shall ensure that—

a

where unpackaged meat products are brought into the cold store they are not stored on wooden pallets;

b

unpackaged meat products are stored separate from or at other times than, packaged meat products.

5

The occupier of any premises at which meat products are to be frozen shall ensure that they are frozen—

a

without unavoidable delay (which shall not preclude an initial period of stabilisation where appropriate);

b

in a hygienic manner, by a rapid method, using suitable equipment.

SCHEDULE 4

Regulation 12(1)(b)

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SCHEDULE 5SPECIFIC HYGIENE STANDARDS FOR THE MANUFACTURE OF OTHER PRODUCTS OF ANIMAL ORIGIN INTENDED FOR HUMAN CONSUMPTION

Regulation 15

PART IGENERAL CONDITIONS

Establishments manufacturing other products of animal origin may be used for the production of products not intended for human consumption only under the following conditions:

a

raw materials unfit for human consumption shall be stored in a completely separate room or separate reception area;

b

they shall be processed in separate rooms using separate installations and equipment, except where the processing takes place in completely enclosed installations or is carried out with equipment used exclusively for this purpose;

c

the final products from these raw materials shall be stored in a different room or separate tanks which are labelled appropriately and shall not go for human consumption.

PART IISPECIAL CONDITIONS FOR RENDERED ANIMAL FATS, GREAVES AND BY-PRODUCTS

In addition to the conditions in Schedule 1, the following conditions apply.

Standards applicable to premises collecting or processing raw materials

A

1

Centres for the collection of raw materials and further transport to processing premises shall be equipped with a cold store to store raw materials at a temperature of 7°C or less, unless the raw materials are collected and rendered within the time limits laid down in paragraph B(c)(ii) and (iii) below.

2

The processing premises shall have at least:

a

a cold store, unless the raw materials are collected and rendered within the time limits laid down in paragraph B(c)(ii) and (iii) below;

b

a room or place to receive raw materials;

c

an installation to facilitate the visual inspection of raw materials;

d

if appropriate, an installation to crush raw materials;

e

equipment for the rendering of raw materials by heat or pressure or other appropriate method;

f

containers or tanks in which the fat can be kept in liquid state;

g

apparatus for plastification or crystallisation of the fat to facilitate market preparation and packaging, unless the establishment dispatches liquid rendered animal fat only;

h

a dispatch room, unless the establishment dispatches melted animal fat only by means of tankers;

i

watertight containers for the disposal of raw materials unfit for human consumption;

j

if appropriate, suitable equipment for the preparation of products consisting of rendered animal fat mixed with other foodstuffs and/or seasonings;

k

if greaves are produced, suitable facilities ensuring their hygienic collection, wrapping and packaging and storage under the conditions laid down in paragraph B(i) below.

Additional hygiene requirements relating to the preparation of rendered animal fat, greaves and by-products

B

1

Raw materials shall originate from animals which received ante and post mortem inspection and the raw materials were found fit for human consumption.

2

The raw materials shall consist of adipose tissues or bones found fit for human consumption and which are reasonably free from blood and impurities. They shall not show signs of deterioration and shall be obtained under hygienic conditions.

3

Subject to paragraphs 4 and 5 below, for the preparation of rendered animal fat, only adipose tissues or bones, collected at slaughterhouses, cutting plants or meat products premises shall be used. Raw materials shall be transported and stored until rendering in hygienic conditions and at an internal temperature of 7°C or less.

4

Raw materials may be stored and transported unrefrigerated provided that they are rendered within twelve hours after the day on which they were obtained.

5

Raw materials collected at retail shops or in premises adjacent to sales points, where the cutting and the storage of meat or poultry meat is performed for the sole purpose of supplying the final consumer directly, may be used for the preparation of rendered animal fat, provided they are in a satisfactory hygienic condition and properly packed. When the raw materials are collected daily the temperature requirements laid down in paragraph 3 above shall be complied with. If the raw materials are not collected daily, they shall be refrigerated immediately after they have been obtained.

6

Vehicles and containers for the collection and transport of raw materials shall have smooth internal surfaces, easy to wash, clean and disinfect and vehicles shall be adequately covered. Vehicles for refrigerated transport shall have been designed in such a way that the temperature required can be maintained throughout the period of transport.

7

Before rendering, raw materials shall be inspected for the presence of raw materials unfit for human consumption, or extraneous matter. When present these shall be removed.

8

Raw materials shall be rendered by heat, pressure or other appropriate method, followed by separation of the fat by decantation, centrifugation, filtration or other appropriate method. The use of dissolvents is prohibited.

9

Rendered animal fat which is prepared in accordance with the foregoing paragraphs may for the production of raw materials be refined in the same or other premises to improve its physico-chemical quality when the fat for refining satisfies the standards laid down in paragraph 10 below.

10

Rendered animal fat, depending on type, shall meet the following standards:

Bovines

Edible tallow

Premier jus41

Other

Tallow for refining

Pigs

Edible lard42

Lard for refining

Other animal fat

Edible

For refining

FFA (m/m % oleic acid) maximum

0.75

1.25

3.0

0.75

2.0

1.25

3.00

Peroxyd maximum

4 meg/kg

4 meg/kg

6 meg/kg

4 meg/kg

6 meg/kg

4 meg/kg

10 meg/kg

Moisture and impurities

maximum 0.5%

Odour, taste, colour

normal

11

Greaves intended for human consumption shall be stored:

a

when rendered at a temperature of 70°C or less: at a temperature of less than 7°C for a period not exceeding 24 hours or at −18°C or lower;

b

when rendered at a temperature of more than 70°C and having a moisture content of 10% (m/m) or more either:

  • at a temperature of less than 7°C for a period not exceeding 48 hours or at a time/ temperature ratio offering an equivalent guarantee, or

  • at −18deg;C or lower;

c

when rendered at a temperature of more than 70°C and having a moisture content of less than 10% (m/m): no specific requirement.

PART IIISPECIAL CONDITIONS FOR STOMACHS BLADDERS AND INTESTINES

In addition to the conditions in Schedule 1, premises treating stomachs, bladders and intestines shall comply with the following conditions.

1

Premises, instruments and tools shall be used only for work on the products concerned; there shall be a clear division between clean and unclean sections;

2

The use of wood is forbidden; however the use of wooden pallets is authorised for the transport of the containers of the products concerned;

3

Premises shall be provided for storing, wrapping and packaging materials;

4

Wrapping and packaging shall take place under hygienic conditions in a room or in a place intended for that purpose;

5

Products which cannot be kept at ambient temperature shall be stored until their despatch in premises intended for that purpose;

In particular, products which are not salted or dried shall be kept at a temperature not exceeding 3°C.

6

Raw materials shall be transported from the slaughterhouse of origin to the premises under satisfactory hygiene conditions and, where appropriate having regard to the period between slaughter and the collection of the raw materials, refrigerated. Vehicles and containers for transporting such materials shall have smooth internal surfaces which are easy to wash, clean and disinfect. Vehicles for refrigerated transport shall have been designed in such a way that the temperature required can be maintained throughout the period of transport.

(This note is not part of the Regulations)

These Regulations implement Council Directive 92/5/EEC (OJNo. L57, 2.3.92, p.1)(“the Directive”) amending and updating Directive 77/99/EEC (OJNo. L26, 31.1.77, p.85) on health problems affecting intra-Community trade in meat products and amending Directive 64/433/EEC (OJNo. 121, 29.7.64, (OJ/SE 1963-64 p.185)), as amended by Article 14(3) of Council Directive 92/45/EEC (OJNo. L268, 14.9.92, p.35) read with Commission Decision 94/383/EC (OJNo. L174, 8.7.94, p.33). The Regulations relate to States (other than Iceland) in the European Economic Area. This is by reason of the EEA Agreement (at OJ L1, 3.1.94) and Decision No. 7/94 of the EEA Joint Committee (see Annex 2 at OJ L160/13, 28.6.94).

The Regulations do not apply to establishments handling or storing meat products or other products of animal origin exclusively for sale from those establishments to the final consumer, or to the staff of such establishments or to the transporting of meat products to the final consumer (regulation 3).

The Regulations—

a

require premises that handle or store meat products to be approved under and comply with the Regulations by 1st January 1996; from the date on which the Regulations come into force meat products may only be despatched to a relevant EEA State from approved premises; approvals will be granted on written application to the approval authority, subject to satisfaction of appropriate conditions (regulations 4 and 5);

b

make provision for the revocation of approvals (regulation 6);

c

provide a right of appeal (regulation 7);

d

specify conditions to be complied with in relation to the sale of meat products for human consumption (regulation 8);

e

specify requirements as to wrapping, packaging and labelling of meat products (regulation 9);

f

specify requirements as to health marking of meat products and indication of storage temperature and durability (regulations 10 and 11);

g

specify requirements as to storage and transportation of meat products (regulation 12);

h

specify duties of the occupier of an establishment (regulation 13);

j

specify conditions for the sale of any prepared food (other than a meat-based prepared meal) obtained from raw material of animal origin (regulation 14);

k

prohibit the manufacture of other products of animal origin except in accordance with specified conditions and also specify the conditions for the marketing and transportation of such products (regulations 15 to 17);

l

make transitional provision for the use of premises, tools and equipment used for the preparation of meat products bearing an EC health mark, for the production of other specified products in pursuance of derogations provided by Directive 91/498/EEC (OJNo. L268, 24.9.91, p.105)(regulation 18);

m

require enforcement authorities to supervise establishments and to enforce and execute the Regulations (regulation 19);

n

create offences and prescribe penalties (regulation 20);

o

apply specified provisions of the Food Safety Act 1990, including the defence of due diligence (regulation 21);

p

require food authorities to provide specified information to the Minister (regulation 22); and

q

make provision for the sale of meat products and other products of animal origin from Northern Ireland, the Isle of Man and the Channel Islands and amend specified Regulations (regulations 23 and 24).

The approval authority (defined in regulation 2) is the food authority, except for certain meat products premises which are combined with other premises (and are accordingly defined as “combined premises” in that regulation), for which approvals will be granted centrally.

The enforcement authority is the food authority until 31st March 1995. Thereafter the Minister becomes the enforcement authority for combined premises, but not for other premises (regulation 19).

A Compliance Cost Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament and copies can be obtained from the Meat Hygiene Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.