The Beef Carcase (Classification) (England) Regulations 2004 (revoked)

Statutory Instruments

2004 No.1317

AGRICULTURE, ENGLAND

The Beef Carcase (Classification) (England) Regulations 2004

Made

12th May 2004

Laid before Parliament

13th May 2004

Coming into force

7th June 2004

The Secretary of State, being the Minister 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, hereby makes the following Regulations:

Title, commencement and application U.K.

1.—(1) These Regulations may be cited as the Beef Carcase (Classification) (England) Regulations 2004 and shall come into force on 7th June 2004.

(2) These Regulations apply in relation to England only.

Interpretation U.K.

2.—(1) In these Regulations—

“1991 Regulations” means the Beef Carcase (Classification) Regulations 1991(3);

“1995 Regulations” means the Fresh Meat (Hygiene and Inspection) Regulations 1995(4);

“adult bovine animal” has the meaning assigned to it by Article 1(2) of Council Regulation (EC) No 1254/99 on the common organisation of the market in beef and veal(5);

“approval number” means (in relation to a regulated slaughterhouse) the unique number of that regulated slaughterhouse required to be specified in the centre of a health mark (as defined by regulation 2(1) of the 1995 Regulations);

“authorised officer” means a person authorised by the Secretary of State for the purposes of these Regulations;

“classification” means the classification of regulated carcases in accordance with Articles 3 and 4(1) of Council Regulation (EEC) No 1208/81 determining the Community scale for the classification of carcases of adult bovine animals(6);

“classification requirements” means the requirements relating to the classification and identification of carcases specified in the Community provisions and in regulations 5, 6 and 7 of these Regulations;

“Commission Regulation” means Commission Regulation (EEC) No 344/91 laying down detailed rules for applying Council Regulation (EEC) No 1186/90 to extend the scope of the Community scale for the classification of carcases of adult bovine animals(7);

“Community provision” means a provision of a regulation of the European Community referred to in column 1 of Schedule 1 to these Regulations which is specified in column 2, and the subject matter of which is described in column 3, of that Schedule;

“exempt carcase” means a regulated carcase which has been obtained in the circumstance specified in the second indent to Article 2(2) of the Commission Regulation;

“exempt occupier” means an occupier of a regulated slaughterhouse to which the first indent to Article 2(2) of the Commission Regulation applies;

“MLC” means the Meat and Livestock Commission established under section 1 of the Agriculture Act 1967(8);

“occupier” means a person carrying on the business of a regulated slaughterhouse;

“prescribed communication” means a communication of the results of classification as required by Article 1(2) of Council Regulation (EEC) No 1186/90 extending the scope of the Community scale for the classification of carcases of adult bovine animals(9);

“regulated carcase” means the carcase or half-carcase of an adult bovine animal which has been marked in accordance with regulation 11 of, and Schedule 12 to, the 1995 Regulations(10); and

“regulated slaughterhouse” means a slaughterhouse (as defined by regulation 2(1) of the 1995 Regulations) licensed in accordance with regulation 4 of the 1995 Regulations(11).

(2) Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in the Community provisions.

(3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.

Exemption U.K.

3.—(1) Subject to paragraph (2), the classification requirements shall not be compulsory in relation to an exempt occupier or an exempt carcase.

(2) Notwithstanding the exemptions from the classification requirements granted under paragraph (1), regulations 4, 8(2) and 10 to 14 shall apply to an exempt occupier.

Registration U.K.

4.—(1) Every person who on 7th June 2004 is, or who on a subsequent date becomes, an occupier shall within 28 days of that date give written notice to the Secretary of State of the particulars specified in Schedule 2.

(2) A person who has given notice pursuant to regulation 4(1) of the 1991 Regulations of the particulars specified in Schedule 2 to those Regulations shall be deemed to have given notice pursuant to paragraph (1).

(3) Where any change occurs in any of the particulars required to be notified under paragraph (1) the occupier shall within 28 days of the change give written notice to the Secretary of State of particulars of the change.

(4) Where an occupier of a regulated slaughterhouse ceases to be its occupier he shall within 10 days of such cessation give written notice to the Secretary of State of—

(a) the date of such cessation; and

(b) the person (if any) succeeding him as occupier of that slaughterhouse.

(5) Where a regulated slaughterhouse ceases to be such a slaughterhouse its occupier shall within 10 days of such cessation give written notice to the Secretary of State of the date of such cessation.

Labelling instead of marking U.K.

5.  Subject to—

(a) the final paragraph of Article 1(2) of the Commission Regulation;

(b) Article 4(3)(b) and (c) of Commission Regulation (EC) No 562/00 laying down detailed rules for the application of Council Regulation (EC) No 1254/99 as regards the buying-in of beef(12); and

(c) Article 3(2)(a) of Commission Regulation (EC) No 907/00 laying down detailed rules for the application of Council Regulation (EC) No 1254/99 as regards aid for private storage in the beef and veal sector(13),

an occupier may, instead of marking a regulated carcase in accordance with Article 1(1) of the Commission Regulation, label it in accordance with Article 1(2) of that Regulation, and such labels shall be applied on the positions specified in Article 1(1) of that Regulation.

Licensed classifiers U.K.

6.—(1) Classification shall not be carried out by any person unless he holds a licence granted under this regulation and complies with the terms and conditions of that licence.

(2) The Secretary of State may grant a licence to any person appearing to him to be qualified to carry out classification.

(3) A licence under this regulation—

(a) shall come into force on the date of its issue;

(b) shall be in the form prescribed in Schedule 3;

(c) shall be subject to the conditions specified in that form; and

(d) may be suspended or revoked—

(i) for contravention of any condition specified in that form, or

(ii) in the circumstances referred to in the fifth paragraph of Article 3(2) of the Commission Regulation.

Licence for automated grading U.K.

7.—(1) Classification shall not be carried out by means of automated grading equipment at any premises unless the occupier holds a licence granted under this regulation for the use of that equipment at those premises, and complies with the terms and conditions of that licence.

(2) The Secretary of State may grant a licence to an occupier pursuant to Article 3(1a) of the Commission Regulation authorising the use of automated grading equipment for classification at premises in England.

(3) A licence under this Regulation—

(a) shall come into force on the date of its issue;

(b) shall be in the form prescribed in Schedule 4;

(c) shall be subject to the conditions specified in that form; and

(d) may be suspended or revoked—

(i) for contravention of any condition specified in that form, or

(ii) in the circumstances referred to in the fifth paragraph of Article 3(2) of the Commission Regulation.

Keeping, retention and production of records U.K.

8.—(1) An occupier who is not an exempt occupier shall—

(a) keep a record of the particulars specified in Part I of Schedule 5 relating to each regulated carcase which is classified in a regulated slaughterhouse occupied by him; and

(b) keep a record of the particulars specified in Part II of Schedule 5 relating to each exempt carcase which is obtained in a regulated slaughterhouse occupied by him.

(2) An exempt occupier shall keep a record of the particulars specified in Part III of Schedule 5.

(3) A person who under paragraph (1) or (2) is required to keep a record shall—

(a) retain that record for a period of two years from the end of the calendar year to which the record relates; and

(b) upon demand by an authorised officer produce or cause to be produced the record for inspection by the authorised officer and shall allow him to take copies and make extracts from it.

Classifications by the MLC U.K.

9.—(1) The MLC may, under an agreement with the occupier, carry out the classification requirements in respect of regulated carcases at a regulated slaughterhouse occupied by him.

(2) Where an agreement is made under paragraph (1) the MLC shall immediately give written notice to the Secretary of State of that agreement.

(3) The MLC shall as soon as is reasonably practicable after carrying out classification requirements provide the occupier with the particulars specified in paragraphs 1, 3 and 5 of Part I of Schedule 5 and any other details relating to those classification requirements as the occupier may reasonably require so as to enable him to give the prescribed communication and to comply with regulation 8.

(4) Where the MLC suspends or revokes an agreement under paragraph (1), it shall immediately give written notice to the occupier and the Secretary of State of that fact.

(5) Where the occupier suspends or revokes an agreement under paragraph (1), he shall immediately give written notice to the MLC and the Secretary of State of that fact.

Powers of authorised officers U.K.

10.—(1) An authorised officer may at all reasonable hours and on producing, if so required, a duly authenticated document showing his authority, for the purpose of ascertaining whether the Community provisions or these Regulations have been or are being complied with—

(a) enter any regulated slaughterhouse or any slaughterhouse which he reasonably suspects to be such a slaughterhouse;

(b) inspect any regulated carcase or part of such a carcase, or any carcase or part of a carcase which he reasonably suspects to be such a carcase or part of such a carcase, in that slaughterhouse;

(c) examine any records which an occupier is required to keep under regulation 8 and where any such record is kept by means of a computer, have access to and inspect and check the operation of any computer and associated apparatus or material which is or has been in use in connection with that record;

(d) require that copies of or extracts from any such record be produced and, where such record is kept by means of a computer, require it to be produced in a form in which it may be taken away;

(e) retain any such record which he has reason to believe may be required as evidence in proceedings under these Regulations.

(2) An authorised officer entering a regulated slaughterhouse or other slaughterhouse by virtue of this regulation may take with him such other persons and such equipment as he considers necessary.

Assistance to authorised officers U.K.

11.  An occupier, and the MLC when carrying out the classification requirements under regulation 9, shall give to an authorised officer such assistance as he may reasonably request so as to enable him to exercise any power conferred under regulation 10.

Notices U.K.

12.—(1) A written notice to be given under these Regulations or a prescribed communication may be given—

(a) by delivering it to that person;

(b) by leaving it or sending it in a pre-paid letter addressed to him, at his usual or last known place of business or residence, or in the case of a body corporate its principal place of business in Great Britain or registered office, or in the case of the MLC its head office; or

(c) by sending it to that person by fax or other means of electronic communication which produces a text of the document.

(2) A written notice or prescribed communication may be sent to a person as mentioned in paragraph (1)(c) only if he has given his consent to the use of that method of communication.

(3) A written notice or prescribed communication sent as mentioned in paragraph (1)(c) shall be regarded as sent when the text of it is received in a legible form.

Offences and penalties U.K.

13.—(1) If any person—

(a) intentionally obstructs an authorised officer in the exercise of the powers conferred by regulation 10; or

(b) fails to comply with a request under regulation 8(3)(b), 10(1)(d) or 11,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) If any person—

(a) fails to comply with any other requirement imposed on him under a Community provision or these Regulations;

(b) contravenes any prohibition contained in a Community provision or these Regulations;

(c) for the purpose of obtaining a licence under regulation 6 or 7 knowingly or recklessly makes a statement which is false in a material particular; or

(d) makes an alteration to such a licence,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) Proceedings for an offence under paragraph (1) or (2) may, subject to paragraph (4), be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to his knowledge.

(4) No such proceedings shall be brought by virtue of paragraph (3) more than twelve months from the commission of the offence.

(5) For the purposes of paragraph (3)—

(a) a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to justify the proceedings came to his knowledge shall be conclusive evidence of that fact;

(b) a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(6) If any person—

(a) makes an entry which he knows to be false in any record which is required to be kept by virtue of regulation 8(1) or (2) or, with intent to deceive, makes use of any entry which he knows to be false;

(b) with intent to deceive—

(i) applies to a regulated carcase or part of such a carcase a mark prescribed by Article 1(1) of the Commission Regulation, or

(ii) applies to a label attached by virtue of regulation 5 an indication prescribed by Article 1(2) of that Regulation;

(c) applies to a regulated carcase or part of such a carcase a mark so closely resembling a mark prescribed by Article 1(1) of the Commission Regulation as to be calculated to deceive; or

(d) applies to a label attached by virtue of regulation 5 an indication so closely resembling an indication prescribed by Article 1(2) of the Commission Regulation as to be calculated to deceive,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.

(7) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(8) For the purposes of paragraph (7), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Defence of due diligence U.K.

14.  It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.

Amendment of the Agriculture Act 1967 U.K.

15.  In paragraph 10A of Part I of Schedule 1 to the Agriculture Act 1967(14) for “regulation 10 of the Beef Carcase (Classification) Regulations 1991 (undertaking of classification etc of certain carcases)” substitute “regulation 9 of the Beef Carcase (Classification) (England) Regulations 2004 (classifications by the MLC)”.

Revocation U.K.

16.  The 1991 Regulations(15), the Beef Carcase (Classification) (Amendment) Regulations 1994(16) and the Beef Carcase (Classification) (Amendment) Regulations 1998(17) are hereby revoked in so far as they apply in relation to England.

Whitty

Parliamentary Under-Secretary of State,

Department for Environment, Food and Rural Affairs

12th May 2004

Regulation 2(1)

SCHEDULE 1 U.K. Community provisions

(1)	(2)	(3)
Regulations containing Community provision	Provision	Subject Matter
1. Council Regulation (EEC) No 1208/81 determining the Community scale for the classification of carcases of adult bovine animals(18).	Article 3(1) Article 3(2), read with Annexes I and II Article 4(1) Article 4(2) Article 4(3)	Categories of carcase. Classes of conformation and fat cover. Requirements as to the timing and location of classification. Requirement to identify carcases and half-carcases. Authorisation to remove external fat.
2. Council Regulation (EEC) No 1186/90 extending the scope of the Community scale for the classification of carcases of adult bovine animals(19).	Article 1(1) Article 1(2)	Requirement for regulated slaughterhouses to classify and identify regulated carcases from 1st January 1992. Requirement to give the prescribed communication.
3. Commission Regulation (EEC) No 2930/81 adopting additional provisions for the application of the Community scale for the classification of carcases of adult bovine animals(20).	Article 1, read with Annex	Additional provisions specifying the definition of the classes of conformation and fat cover.
4. Commission Regulation (EEC) No 563/82 laying down detailed rules for the application of Council Regulation (EEC) No 1208/81(21).	Article 2 Article 3	Requirements as to the criterion for differentiating between categories of uncastrated male animals. Requirements as to the removal of external fat.
5. Commission Regulation (EEC) No 344/91 laying down detailed rules for applying Council Regulation (EEC) No 1186/90(22).	Article 1(1) Article 1(2) Article 1(2a) Article 1(3) Article 1(4) Article 2(3) Article 3(1b) Article 3(1c)	Requirements as to the identification of regulated carcases by marking. Requirements as to the identification of regulated carcases by labelling. Requirements as to timing of classification. Prohibition on the removal of marks and labels before boning. Requirement to indicate the category of carcase. Exemption from the identification requirements. Requirements as to identification and keeping of daily control reports where automated grading techniques are used. Provision about modification of the technical specification of automated grading techniques.
6. Commission Regulation (EC) No 295/96 laying down detailed rules for the application of Council Regulation (EEC) No 1892/87(23).	Article 2(1)	Requirement to record market prices.

Regulation 4(1)

SCHEDULE 2 U.K. Particulars of a regulated slaughterhouse to be notified to the Secretary of State

1.  The full name and address of the occupier. Where the occupier is a partnership or joint owners, the full names and addresses of all the partners or joint owners. Where the occupier is a body corporate, the full name, registered office address and registration number of the body. U.K.

2.  The address, telephone number and approval number of the regulated slaughterhouse. U.K.

3.  The principal place of business of the occupier, if different from item 2 above. U.K.

4.  The name under which the regulated slaughterhouse is operated, if different from item 1 above. U.K.

5.  The date on which he became occupier of the regulated slaughterhouse. U.K.

6.  A reasonable forecast (expressed as a weekly average) of the number of adult bovine animals to be slaughtered in the regulated slaughterhouse during the next twelve months, based on the actual number of such animals slaughtered in that slaughterhouse (if any) during the preceding twelve months or other relevant factors. U.K.

Regulation 6

SCHEDULE 3 U.K.

Form of classification licence U.K.

Regulation 7

SCHEDULE 4 U.K.

Form of licence for automated grading U.K.

Regulation 8

SCHEDULE 5 U.K.

PART 1 U.K. Records to be kept by occupier for each classified regulated carcase

1.  The results of the classification. U.K.

2.  The approval number of the regulated slaughterhouse. U.K.

3.  The kill or slaughter number of the animal from which the regulated carcase was obtained, as allocated by the occupier. U.K.

4.  The date of slaughter. U.K.

5.  The weight of the regulated carcase. U.K.

6.  A record that the prescribed communication has been effected. U.K.

7.  The name and Classification Licence serial number of the person who carried out the classification. U.K.

PART 2 U.K. Records to be kept by occupier for each exempt carcase

1.  The approval number of the regulated slaughterhouse. U.K.

2.  The kill or slaughter number of the animal from which the exempt carcase was obtained, as allocated by the occupier. U.K.

3.  The name and address of the retailer on whose account the exempt carcase was obtained. U.K.

PART 3 U.K. Records to be kept by exempt occupier

1.  The approval number of the regulated slaughterhouse. U.K.

2.  Details relating to the number of all adult bovine animals slaughtered in that regulated slaughterhouse, recorded in such form so as to indicate clearly to an authorised officer the number of such animals slaughtered in any consecutive period of twelve months. U.K.

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in relation to England only, provide for the administration and enforcement of the Community system of classification of beef carcases as required by Commission Regulation (EEC) No 344/91 laying down detailed rules for applying Council Regulation (EEC) No 1186/90 to extend the scope of the Community scale for the classification of carcases of adult bovine animals (OJ No L 41, 14.2.91, p.15).

The Regulations consolidate with minor amendments the Beef Carcase (Classification) Regulations 1991, Beef Carcase (Classification) (Amendment) Regulations 1994 and the Beef Carcase (Classification) (Amendment) Regulations 1998 which are revoked. In particular they—

(a) make provision for exemptions from the Community system (regulation 3);

(b) require every occupier of a regulated slaughterhouse to give the Secretary of State particulars of his business (regulation 4);

(c) authorise certain carcases to be identified using labels rather than marks (regulation 5);

(d) make provision for the granting of classification licences (regulation 6);

(e) require occupiers of regulated slaughterhouses to keep, retain and produce records (regulation 8);

(f) give the Meat and Livestock Commission power to carry out classification requirements for regulated carcases and make provision for its entering into agreements with the occupiers of regulated slaughterhouses for such a purpose (regulation 9);

(g) confer on authorised officers of the Secretary of State powers of entry and inspection for the purpose of ensuring compliance with the Community system and Regulations, and require that reasonable assistance be given to them at their request (regulations 10 and 11);

(h) provide for the service of notices (regulation 12); and

(i) create offences and penalties, and provide for defences (regulations 13 and 14).

In addition, these Regulations introduce provision for granting licences for the use of automated grading equipment for the classification of carcases as permitted by Commission Regulation (EC) No 1215/03 (OJ No L 169, 8.7.03, p.32) (regulation 7).

A full regulatory impact assessment has not been prepared for this instrument as it has no impacts on the costs of business.

(1)

S.I. 1972/1811.

(2)

1972 c. 68; The function of the former Minister of Agriculture of making regulations under section 2(2) was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(3)

S.I. 1991/2242.

(4)

S.I. 1995/539.

(5)

OJ No L 160, 26.6.99, p. 21, as last amended by Council Regulation (EC) No 1782/03 (OJ No L 270, 21.10.03, p.1).

(6)

OJ No L 123, 7.5.81, p.3 as amended by Council Regulation (EEC) No 1026/91 (OJ No L106, 26.4.91, p.2 ).

(7)

OJ No L 41, 14.2.91, p.15, as last amended by Commission Regulation (EC) No 1215/2003 (OJ No L 169, 8.7.03, p.32).

(8)

1967 c. 22; section 1 was amended by section 7 of the Agriculture Act 1986 (c. 49).

(9)

OJ No L 119, 11.5.90 p.32, as amended by the Act of Accession of the Kingdom of Norway, Republic of Austria, Republic of Finland and Kingdom of Sweden (OJ No C 241, 29.8.94, p.122).

(10)

Regulation 11 was amended by S.I. 2000/656, and Schedule 12 was amended by S.I. 1995/3124, 1995/3189, 2000/2215, 2000/2257, 2001/1508 and 2001/1512 .

(11)

Regulation 4 was amended by S.I. 1995/3189, 1996/2235, 2000/225, 2000/656 and 2001/2198.

(12)

OJ No L 68, 16.3.00, p. 22, as last amended by Commission Regulation (EC) No 1592/01 (OJ L 210, 3.8.01, p.18).

(13)

OJ No L 105, 3.5.00, p. 6.

(14)

1967 c. 22; paragraph 10A was inserted by S.I. 1991/2242.

(15)

S.I. 1991/2242.

(16)

S.I. 1994/2853.

(17)

S.I. 1998/12.

(18)

OJ No L 123, 7.5.81, p.3, as amended by Council Regulation (EEC) No 1026/91 (OJ No L 106, 26.4.91, p.2).

(19)

OJ No L 119, 11.5.90, p.32, as amended by the Act of Accession of the Kingdom of Norway, Republic of Austria, Republic of Finland and Kingdom of Sweden (OJ No C 241, 29.8.94, p.122).

(20)

OJ No L 293, 13.10.81, p.6, as amended by Commission Regulation (EEC) No 2237/91 (OJ No L 204, 27.7.91, p.11).

(21)

OJ No L 67, 11.3.82, p.23, as last amended by Commission Regulation (EEC) No 2181/01 (OJ No L 293, 10.11.01, p. 8).

(22)

OJ No L 41, 14.2.91, p.15, as last amended by Commission Regulation (EEC) No 1215/03 (OJ No L 169, 8.7.03, p. 32).

(23)

OJ No L 39, 17.2.96, p. 1.