The Foot-and-Mouth Disease (Marking of Meat, Meat Preparations and Meat Products) Regulations 2002

Statutory Instruments

2002 No. 118

FOOD, ENGLAND

The Foot-and-Mouth Disease (Marking of Meat, Meat Preparations and Meat Products) Regulations 2002

Made

2.00 p.m. on 25th January 2002

Laid before Parliament

28th January 2002

Coming into force

8.00 p.m. on 25th January 2002

The Secretary of State for Environment, Food and Rural Affairs, being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on her by that section, and of all other powers enabling her in that behalf, makes the following Regulations:

Title, commencement and extent

1.  These Regulations may be cited as the Foot-and-Mouth Disease (Marking of Meat, Meat Preparations and Meat Products) Regulations 2002; they extend to England and come into force at 8.00 pm on 25th January 2002.

Amendment to Meat Products (Hygiene) Regulations 1994

2.—(1) The Meat Products (Hygiene) Regulations 1994(3) are amended in so far as they extend to England in accordance with this regulation.

(2) For regulation 10(3) there is substituted—

“(3) Any person who sells for human consumption any meat product manufactured or re-wrapped in Great Britain shall ensure that it carries—

(a) the British EC health Mark; or

(b) the circular mark referred to in Paragraph 3 of Part VI of Schedule 2 to these Regulations; or

(c) the British national health mark,

in each case applied in accordance with Part VI of Schedule 2.”.

(3) Regulation 10(4) is revoked.

(4) For paragraphs 3A and 3B of Part VI of Schedule 2 there is substituted—

“3A.— (1) Notwithstanding paragraphs 1 to 3 above, meat products made from fresh meat originating from animals of the bovine, ovine, caprine and porcine species and other biungulates slaughtered in Great Britain from 1st February 2001 to 23rd January 2002 or containing meat from those species of animals and processed in Great Britain during that period shall be marked with a stamp consisting of a circular mark containing—

(a) in the upper part the letters “GB”; and

(b) in the lower part the meat product premises code.

(2) Meat products referred to in paragraph (1) which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC or which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6 may be marked either in accordance with this paragraph or in accordance with paragraph 1 to 3 above.

(3) Sub-paragraph (1) does not apply in relation to meat products made from fresh meat eligible for dispatch in accordance with Commission Decision 2001/172/EEC (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom)(4), Commission Decision 2001/356/EC (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/172/EC)(5) or Commission Decision 2001/740/EC (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC)(6).”.

Amendment to the Fresh Meat (Hygiene and Inspection) Regulations 1995

3.—(1) The Fresh Meat (Hygiene and Inspection) Regulations 1995(7) are amended in so far as they extend to England in accordance with this regulation.

(2) For paragraph 9 of Schedule 12 there is substituted—

“9.— (1) Notwithstanding the provisions of paragraphs 1 and 8 of this Schedule, fresh meat originating from animals of the bovine, ovine, caprine and porcine species and other biungulates slaughtered in Great Britain from 1st February 2001 to 23rd January 2002, and meat processed in Great Britain during that period which would otherwise have been marked in accordance with those paragraphs shall instead be marked with a stamp consisting of a circular mark with an outer diameter of 50 mm, with the line thickness of circle of 3 mm and containing—

(a) in the upper part the letters “GB” 7 mm high, and

(b) in the lower part the approval number of the premises 10 mm high.

(2) Notwithstanding paragraph 6 of this Schedule, E129 Allura Red AC may not be used in a stamp applied under this paragraph.

(3) Sub-paragraph (1) does not apply to fresh meat eligible for dispatch in accordance with Commission Decision 2001/172/EC, 2001/356/EC or 2001/740/EC.”.

Amendment of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995

4.—(1) The Minced Meat and Meat Preparations (Hygiene) Regulations 1995(8) are amended in so far as they extend to England in accordance with this regulation.

(2) Paragraph (1B) of regulation 7 and paragraph (4B) of regulation 8 are revoked.

(3) For paragraphs (5), (6), (7) and (8) of regulation 7 there is substituted—

“(5) No person shall affix the health mark to minced meat produced from fresh meat originating from animals of the bovine, ovine, caprine and porcine species and other biungulates slaughtered in Great Britain from 1st February 2001 to 23rd January 2002 or meat processed during that period unless it was fresh meat eligible for dispatch in accordance with Commission Decision 2001/172,/EC, 2001/356/EC or 2001/740/EC.”.

(4) For paragraphs (6), (7) and (8) of regulation 8 there is substituted—

“(6) No person shall affix the health mark to any meat preparation produced from fresh meat originating from animals of the bovine, ovine, caprine and porcine species and other biungulates slaughtered in Great Britain from 1 February 2001 to 23rd January 2002 or meat from those species of animals processed during that period unless it was fresh meat eligible for dispatch in accordance with Commission Decision 2001/172,/EC, 2001/356/EC or 2001/740/EC.”

Alun Michael

Minister of State

Department for Environment, Food and Rural Affairs

2.00 pm 25th January 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Meat Products (Hygiene) Regulations 1994, the Fresh Meat (Hygiene and Inspection) Regulations 1995 and the Minced Meat and Meat Preparations (Hygiene) Regulations 1995. They implement Commission Decision 2002/49/EC amending for the second time Decision 2001/304/EC on marking and use of certain animal products in relation to Decision 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom (OJ No. L21, 24.1.2001, p. 30).

They permit meat, meat products, minced meat and meat preparations to be marked with the health mark in specified circumstances. This does not apply in relation to meat from animals slaughtered between 1 February 2001 and 23 January 2002.

(1)

S.I. 1972/1811.

(2)

1972 c. 68.

(3)

S.I. 1994/3082 as amended by S.I. 1995/1763, 1995/2200, 1996/1499, 2000/656, 2000/790, 2000/225, 2000/2215, 2001/1512 and 2001/1771.

(4)

OJ No. L62, 2.3.2001, p. 22.

(5)

OJ No. L125, 5.5.2001, p. 46.

(6)

OJ No. L277, 20.10.2001, p. 30.

(7)

S.I. 1995/539 as amended by S.I. 1995/3189, S.I. 2000/2215, S.I. 2001/1512, S.I. 2001/1739, S.I. 2001/1771 and S.I. 2001/3451.

(8)

S.I. 1995/3205 as amended by S.I. 2000/225, S.I. 2000/656, S.I. 2001/1512, S.I. 2001/260, S.I. 2001/1739, S.I. 2001/1771 and S.I. 2001/3451.