The Animal By-Products (Enforcement) (England) Regulations 2013

Staining U.K.

10.—(1) This regulation applies to the operators of—

(a) slaughterhouses;

(b) cutting plants;

(c) game-handling establishments; and

(d) cold stores.

(2) In this part—

(a) the terms “slaughterhouse”, “cutting plant” and “game-handling establishment” have the meanings given to them in [F1 regulation 5(9) of the Food Safety and Hygiene (England) Regulations 2013];

(b) “cold store” means any other premises used for the storage, under temperature controlled conditions, of fresh meat intended for sale for human consumption.

(3) Operators must, subject to paragraph (5), without undue delay, stain the following animal by-products in accordance with paragraph (4)—

(a) animal by-products defined by any of the following articles of the EU Control Regulation—

(i) Article 8(c);

(ii) Article 8(d);

(iii) Article 9(c); or

(iv) Article 9(d);

(b) whole poultry bodies where the animals are dead on arrival at the slaughterhouse;

(c) bodies or parts of animals which are unfit for human consumption because they show signs of disease communicable to humans or animals;

(d) bodies or parts of animals which are unfit for human consumption because they have not been presented for either ante or post mortem inspection;

(e) bodies or parts of animals which have been contaminated with any substance which may pose a threat to public or animal health; and

(f) Category 3 material that has changed through decomposition or spoilage so as to present an unacceptable risk to public or animal health.

(4) Operators must—

(a) stain the material listed in paragraph (3) with a colouring agent and using a solution of such a strength that the staining is clearly visible and remains visible after the animal by-product has been chilled or frozen;

(b) apply the stain to the whole surface of the [F2 animal by-product], whether by immersing the [F2 animal by-product] in the stain, spraying it with the solution or applying the solution to it by any other equally effective means;

(c) in the case of an animal by-product F3 ... weighing more than 20 kg, apply the stain after its surface has been opened by multiple and deep incisions; and

(d) in the case of an animal by-product comprising a whole poultry body, whether or not it has been eviscerated or de feathered, apply the stain after the surface of the body has been opened by multiple and deep incisions.

(5) Operators need not stain pursuant to paragraph (3)—

(a) any animal by-product which is removed, or is intended to be removed, from any premises by, or under the authority of, a veterinary surgeon for examination by or on behalf of the surgeon;

(b) any animal by-product which is mixed with green offal in a container containing mainly green offal for disposal in accordance with the EU Control Regulation;

(c) any animal by-product which is intended for use for scientific purposes and which, pending such use or removal to premises for such use in accordance the EU Control Regulation, is placed in a room and in a receptacle designed for the purpose of holding animal by-products and bearing a notice that its contents are intended for use for scientific purposes;

(d) any animal by-product which is moved immediately after generation to a processing or incineration establishment or plant approved under the EU Control Regulation via a sealed and leak-proof pipe; or

(e) a whole animal body, except a whole poultry body.

F4 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In paragraph 5(b) of this regulation “green offal” means the stomach and intestines of an animal and the contents of the digestive tract.

Textual Amendments

F1 Words in reg. 10(2)(a) substituted (31.12.2013) by The Food Safety and Hygiene (England) Regulations 2013 (S.I. 2013/2996), regs. 1(1)(c), 38(a) (with reg. 1(2)) (as amended (15.10.2016) by S.I. 2016/868, regs. 1, 2(5)(a))

F2 Words in reg. 10(4)(b) substituted (31.12.2015) by The Animal By-Products (Enforcement) (England) (Amendment) Regulations 2015 (S.I. 2015/1980), regs. 1(b), 5(a)

F3 Words in reg. 10(4)(c) omitted (31.12.2015) by virtue of The Animal By-Products (Enforcement) (England) (Amendment) Regulations 2015 (S.I. 2015/1980), regs. 1(b), 5(b)

F4 Reg. 10(6) omitted (31.12.2020) by virtue of The Animal By-Products and Transmissible Spongiform Encephalopathies (England) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1120), regs. 1(1), 2; 2020 c. 1, Sch. 5 para. 1(1)