In these Regulations —

• “the Agency” means the Food Standards Agency;

• “animal feed” and “human food” have the meanings that they respectively bear in Regulation 999/2001;

• “authorised officer”, in relation to the relevant enforcement authority, means any person (whether or not an officer of the authority) authorised by it in writing, either generally or specially, to act in matters arising under these Regulations and in relation to —

  1. a

     a slaughterhouse;

  2. b

     a cutting plant;

  3. c

     an establishment to which Chapter I of Section V of Annex III to Regulation 853/2004 applies; and

  4. d

     an establishment at which meat products are produced,

  includes an official veterinarian and an official auxiliary;

• “bovine animal” includes —

  1. a

     buffalo of the species Bubalus bubalis; and

  2. b

     Bison bison;

• “cutting plant” means an establishment which is used for boning and/or cutting up fresh meat for placing on the market as defined in Article 3.8 of Regulation 178/2002 and which —

  1. a

     is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or

  2. b

     (although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, operating as licensed cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations 19955;

• “cutting up” has the meaning that it bears in Regulation 853/2004;

• “Decision 2005/598”, “Directive 2004/41”, “Regulation 999/2001”, “Regulation 178/2002”, “Regulation 1642/2003”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 932/2005” and “Regulation 1688/2005” have the meanings respectively given to them in the Schedule;

• “establishment” has the meaning given in Article 2.1(c) of Regulation 852/2004;

• “fertilisers” has the meaning given to it in Article 3.1(k) of Regulation 999/2001;

• “food authority” has the meaning that it bears by virtue of section 5(1) of the Food Safety Act 19906, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of that Act (which deals with the Inner Temple and Middle Temple);

• “fresh meat” means meat that has not undergone any preserving process other than chilling, freezing or quick-freezing, including meat that is vacuum-wrapped or wrapped in a controlled atmosphere;

• “material” and “product” shall respectively be construed in accordance with the meanings that “materials” and products” bear in Decision 2005/598;

• “meat” means edible parts of a bovine animal including its blood;

• “meat product” shall be construed in accordance with the definition of the term “meat products” in point 7.1 of Annex I to Regulation 853/2004;

• “official auxiliary” means a person who is qualified in accordance with Regulation 854/2004 to act in such a capacity, is appointed by the Agency and works under the authority and responsibility of an official veterinarian;

• “official veterinarian” means a veterinarian who is qualified in accordance with Regulation 854/2004 to act in such a capacity and is appointed by the Agency;

• “place on the market” means sell, supply in any other way against payment or free of charge and store with a view to supply against payment or free of charge and “placed on the market” shall be construed accordingly;

• “port health authority” means —

  1. a

     in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 19847 by section 7(1) of that Act), the Common Council of the City of London; and

  2. b

     in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease ) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;

• “the relevant enforcement authority” means the authority which by virtue of regulation 7 has the duty of executing and enforcing these Regulations; and

• “slaughterhouse” means an establishment used for slaughtering and dressing bovine animals, the meat of which is intended for human consumption and which —

  1. a

     is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or

  2. b

     (although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995.

Any reference in these Regulations to a food authority includes a reference to a port health authority and in the context of such a reference any reference to a food authority’s area includes a reference to a port health authority’s district.

Nothing in paragraph (1) shall prevent milk derived from a bovine animal born or reared within the United Kingdom before 1st August 1996 from being placed on the market.

An authorised officer of the relevant enforcement authority may at all reasonable times inspect any product that has been placed on the market and paragraphs (2) to (7) shall apply where, on such an inspection or for any other reasonable cause, it appears to the authorised officer that any person has failed to comply with regulation 3 in relation to any product.

If a notice under paragraph (2)(a) is withdrawn, or the justice of the peace by whom any product falls to be dealt with under this regulation refuses to condemn it, the relevant enforcement authority shall compensate the owner of the product for any depreciation in its value resulting from the action taken by the authorised officer.

Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.

Any person who contravenes regulation 3 or knowingly contravenes the requirements of a notice given under paragraph (2)(a) of regulation 5 shall be guilty of an offence.