The Beef and Pig Carcase Classification (Wales) Regulations 2011

PART 1 GENERAL PROVISIONS

Title, commencement and application

1.—(1) The title of these Regulations is the Beef and Pig Carcase Classification (Wales) Regulations 2011.

(2) These Regulations apply in relation to Wales and come into force on 1 September 2011.

Interpretation

2.—(1) In these Regulations—

“adult bovine animal” (“anifail buchol llawn-dwf”) means a bovine animal the live weight of which is more than 300 kilograms;

“approved slaughterhouse” (“lladd-dy cymeradwy”) means an establishment used for slaughtering and dressing adult bovine animals or pigs, the meat of which is intended for human consumption, and which—

(a)

is approved or conditionally approved under Article 31(2) of Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(1), or

(b)

(although lacking the approval or conditional approval that it requires under Article 4(3) of Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(2)) was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995(3);

“authorised officer” (“swyddog awdurdodedig”) means a person authorised by the Welsh Ministers for the purposes of these Regulations, but does not include a person appointed for the purpose of considering an appeal under regulation 11;

“bovine carcase” (“carcas buchol”) means a carcase or half-carcase of a slaughtered adult bovine animal bearing a health mark provided for in Article 5(2) of, and Chapter III of Section I of Annex I to, Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(4); and in this definition, “carcase” (“carcas”) means the whole body as presented after bleeding, evisceration and skinning, and “half-carcase” (“hanner carcas”) means the product obtained by separating such a carcase symmetrically through the middle of each cervical, dorsal, lumbar and sacral vertebra and through the middle of the sternum and the ischiopubic symphysis;

“classification” (“dosbarthu”), except as otherwise indicated in regulation 6, means—

(a)

the classification of bovine carcases in accordance with the European beef provisions, or

(b)

the classification of pig carcases in accordance with the European pig provisions,

(c)

as the case may be, and cognate terms are to be construed accordingly;

“clean pig” (“mochyn glân”) means a pig which has not been used for breeding;

“Commission Regulation” (“Rheoliad y Comisiwn”) means Commission Regulation (EC) No 1249/2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof;

“Council Regulation” (“Rheoliad y Cyngor”) means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;

“European beef provision” (“darpariaeth eidion Ewropeaidd”) means a provision which is specified in column 2 of Schedule 1, the subject matter of which is described in column 3 of that Schedule;

“European pig provision” (“darpariaeth moch Ewropeaidd”) means a provision which is specified in column 2 of Schedule 2, the subject matter of which is described in column 3 of that Schedule;

“operator” (“gweithredwr”) means a person carrying on the business of an approved slaughterhouse;

“pig carcase” (“carcas mochyn”) means the body of a slaughtered clean pig, bled and eviscerated, whole or divided down the mid-line;

“prescribed communication” (“cyfathrebiad rhagnodedig”) means a communication of the results of classification as required by Article 7(1) of the Commission Regulation;

“the 1991 Regulations” (“Rheoliadau 1991”) means the Beef Carcase (Classification) Regulations 1991(5); and

“the 1994 Regulations” (“Rheoliadau 1994”) means the Pig Carcase (Grading) Regulations 1994(6)

(2) Other terms used in these Regulations that are also used in the Commission Regulation or the Council Regulation have the meaning they bear in those EU instruments.

(3) In these Regulations—

(a) any reference to the Commission Regulation is a reference to the Commission Regulation as amended from time to time, and

(b) any reference to the Council Regulation is a reference to the Council Regulation as amended from time to time.

Notices

3.—(1) Any notice required or authorised under these Regulations to be given to any person must be in writing.

(2) Any such notice may be given by—

(a) delivering it to the person;

(b) leaving it at the person’s proper address; or

(c) sending it by post to the person at that address.

(3) Where any such notice is to be given to a body corporate, it may be given to an officer of the body.

(4) For the purposes of this regulation and section 7 of the Interpretation Act 1978(7) (service of documents by post) in its application to this regulation, the proper address of any person to whom a notice is to be given is the person’s last known address, except that in the case of a body corporate or an officer of the body, the proper address is the address of the registered or principal office of the body.

(5) In this regulation—

• “director” (“cyfarwyddwr”), in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate; and

• “officer” (“swyddog”), in relation to a body corporate, means any director, manager, secretary or other similar officer of the body corporate.

Revocations

4.  The following are revoked—

(a) the 1991 Regulations, in so far as they apply in relation to Wales;

(b) the 1994 Regulations, in so far as they apply in relation to Wales;

(c) the Beef Carcase (Classification) (Amendment) Regulations 1994(8);

(d) the Pig Carcase (Grading) (Amendment) (Wales) Regulations 2004(9); and

(e) the following provisions of the Agriculture and Horticulture Development Board Order 2008(10), only in so far as they apply in relation to Wales—

(i) in paragraph 8 of Schedule 5, the entry relating to the 1994 Regulations, and

(ii) article 18 in so far as it relates to that entry.

PART 2 NOTIFICATIONS BY OPERATORS

Notifications by operators

5.—(1) Every person who on 1 September 2011 is, or who on a subsequent date becomes, an operator, must within 28 days of that date give notice to the Welsh Ministers of the particulars specified in paragraph (3).

(2) A person who has given notice under—

(a) regulation 4(1) or (2) of the 1991 Regulations, or

(b) regulation 4(1) or (2) of the 1994 Regulations,

is deemed to have given notice under paragraph (1).

(3) The particulars referred to in paragraph (1) are—

(a) the full name and address of the operator;

(b) where the operator is a partnership or joint owners, the full names and addresses of all the partners or joint owners;

(c) where the operator is a body corporate, the full name, registered office address and registration number of the body; and

(d) the address, telephone number and approval number of the slaughterhouse.

(4) Where any change occurs in any of the particulars specified in paragraph (3), the operator must within 28 days of the change give notice to the Welsh Ministers of particulars of the change.

(5) Where an operator (“O”) ceases to be the operator of an approved slaughterhouse, O must within 10 days of such cessation give notice to the Welsh Ministers of—

(a) the date of such cessation; and

(b) the person (if any) succeeding O as operator of that slaughterhouse.

(6) Where an approved slaughterhouse ceases to be such a slaughterhouse its operator must within 10 days of such cessation give notice to the Welsh Ministers of the date of such cessation.

PART 3 BOVINE CARCASES

Application of these Regulations to small-scale bovine operators

6.—(1) A small-scale bovine operator is not required to classify bovine carcases.

(2) These Regulations do not apply to a small-scale bovine operator which does not classify bovine carcases.

(3) But if a small-scale bovine operator chooses to classify bovine carcases, these Regulations apply in relation to that operator and the classification of those carcases.

(4) In paragraphs (2) and (3), “classify” (“dosbarthu”) means classify in accordance with the European beef provisions or otherwise than in accordance with those provisions, and “classification” (“dosbarthiad”) is to be construed accordingly.

(5) In this regulation, “small-scale bovine operator” (“gweithredwr buchol ar raddfa fach”) means an operator of an approved slaughterhouse at which not more than 75 adult bovine animals per week as an annual average are slaughtered.

(6) Nothing in this regulation prevents the application of these Regulations to an operator in relation to pig carcases if pigs are also slaughtered in that operator’s slaughterhouse.

Competent authority etc: bovine carcases

7.—(1) The Welsh Ministers are the competent authority for the purposes of—

(a) Article 9 of the Commission Regulation (authorisation of automated grading techniques);

(b) Article 10(2)(b) of the Commission Regulation (classification by automated grading techniques); and

(c) Article 16 of the Commission Regulation (reporting of weekly prices to the competent authority and calculation of weekly prices).

(2) The Welsh Ministers are responsible for on-the-spot checks as described in Article 11 of the Commission Regulation.

Labelling instead of marking

8.  Subject to—

(a) the final paragraph of Article 6(4) of the Commission Regulation,

(b) Article 4(3)(c) of Commission Regulation (EC) No 1669/2006(11) laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 as regards the buying-in of beef(12), and

(c) point I(a) of Annex I to Commission Regulation (EC) No 826/2008 laying down common rules for the granting of private storage aid for certain agricultural products(13),

an operator may, instead of marking a bovine carcase in accordance with Article 6(3) of the Commission Regulation, label it in accordance with Article 6(4) of that Regulation.

Licence to carry out classification

9.—(1) The Welsh Ministers must grant a licence to carry out classification of bovine carcases to any person who applies for such a licence and who appears to the Welsh Ministers to be qualified to carry out classification, but the Welsh Ministers may refuse to grant such a licence if the Welsh Ministers are satisfied that the applicant is not a fit and proper person to carry out classification of bovine carcases.

(2) In addition to the power to revoke a licence in the circumstances mentioned in Article 12(2) of the Commission Regulation (incorrect classifications or identifications), the Welsh Ministers may suspend or revoke a licence granted to a person under this regulation—

(a) if the person has contravened any of the terms or conditions of that licence; or

(b) if the Welsh Ministers are satisfied that the person holding that licence is no longer a fit and proper person to carry out classification of bovine carcases.

(3) Where the Welsh Ministers take any decision in relation to a licence under this regulation which gives rise to a right of appeal under regulation 11, the Welsh Ministers must inform the person concerned of—

(a) the right of appeal; and

(b) the details of the person to whom an appeal may be made.

Licence for automated grading

10.—(1) The Welsh Ministers may grant, to the operator of an approved slaughterhouse, a licence authorising the use of automated grading equipment for classification of bovine carcases at that slaughterhouse.

(2) In addition to the power to revoke a licence in the circumstances mentioned in Article 12(2) of the Commission Regulation, the Welsh Ministers may suspend or revoke a licence granted to an operator under this regulation—

(a) if the operator has contravened any of the terms or conditions of that licence; or

(b) if the Welsh Ministers considers that the automated grading equipment no longer meets the standards required by Article 9 of, and Annex II to, the Commission Regulation, whether for reasons connected with the equipment itself or with the operator’s manner of use of the equipment.

(3) Where the Welsh Ministers take any decision in relation to a licence under this regulation which gives rise to a right of appeal under regulation 11, the Welsh Ministers must inform the operator concerned of—

(a) the right of appeal; and

(b) the details of the person to whom an appeal may be made.

Appeals regarding licences

11.—(1) A person may appeal against—

(a) a decision by the Welsh Ministers to refuse an application by that person for a licence under regulation 9 or 10;

(b) a term or condition imposed by the Welsh Ministers in a licence granted to that person under regulation 9 or 10; or

(c) a decision by the Welsh Ministers to suspend or revoke a licence granted to that person under regulation 9 or 10.

(2) The appeal must be made to a person appointed for the purpose by the Welsh Ministers.

(3) The appointed person must consider the appeal (but may not consider any new information not available to the Welsh Ministers at the time of the original decision) and any representations made by the Welsh Ministers, and must report in writing, with a recommended course of action, to the Welsh Ministers.

(4) The Welsh Ministers must then reach a final decision and notify the appellant of that decision and the reasons for it.

Records: bovine carcases

12.—(1) An operator of an approved slaughterhouse must keep a record of the particulars specified in Schedule 3 relating to each bovine carcase which is classified in that slaughterhouse.

(2) The operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates.

PART 4 PIG CARCASES

Exemption for small-scale pig operators

13.—(1) These Regulations do not apply to an operator of an approved slaughterhouse at which not more than 200 clean pigs per week as an annual average are slaughtered.

(2) But nothing in paragraph (1) prevents the application of these Regulations in relation to bovine carcases if adult bovine animals are also slaughtered in that operator’s slaughterhouse.

Competent authority etc: pig carcases

14.—(1) The Welsh Ministers are the competent authority for the purposes of Article 22(2) of the Commission Regulation (carcase weight).

(2) The Welsh Ministers are responsible for on-the-spot checks as described in Article 24 of the Commission Regulation.

Records instead of marking

15.  Except where a pig carcase is to be marketed uncut in another member State, an operator may, instead of marking a pig carcase in accordance with Article 21(3) of the Commission Regulation—

(a) identify a pig carcase, and

(b) complete a record in relation to that carcase,

as provided for by Article 21(4) of that Regulation.

Records: pig carcases

16.—(1) An operator of an approved slaughterhouse must keep a record of the particulars specified in Schedule 4 relating to each pig carcase which is classified in that slaughterhouse.

(2) The operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates.

PART 5 ENFORCEMENT AND OFFENCES

Powers of entry

17.—(1) An authorised officer may at any reasonable hour and on producing, if so required, a duly authenticated authorisation, enter an approved slaughterhouse and any associated premises in which carcases may be handled or records relating to those carcases may be kept, for the purpose of ascertaining whether—

(a) any offence under these Regulations is being or has been committed on the premises; or

(b) there is on the premises any evidence of any such offence.

(2) The officer may be accompanied by such other persons as the officer considers necessary, including any representative of the European Commission.

(3) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into premises for any purpose in paragraph (1) and that either—

(a) admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the operator; or

(b) an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the operator temporarily absent,

the justice may by signed warrant authorise an authorised officer to enter the premises, if need be by reasonable force.

(4) A warrant granted under this regulation continues in force for three months.

(5) An officer who enters any unoccupied premises, or premises in which the operator is temporarily absent, must leave them as effectively secured against unauthorised entry as they were before entry.

Powers of authorised officers

18.  An authorised officer entering premises under these Regulations may—

(a) inspect any bovine carcase or pig carcase or part of such a carcase, or any carcase or part of a carcase which the officer reasonably suspects to be a bovine carcase or pig carcase or part of such a carcase, on those premises;

(b) examine any record which an operator is required to keep under regulation 12 or 16 or under the Commission Regulation, 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;

(c) 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; and

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

Enforcement notices

19.—(1) If the Welsh Ministers have reason to believe that a person has committed an offence under these Regulations, the Welsh Ministers may give that person a notice (an enforcement notice) in accordance with paragraph (2).

(2) An enforcement notice must—

(a) state the Welsh Ministers' grounds for believing this;

(b) specify the matter that constitutes the offence;

(c) specify what that person must stop doing, or the measure that, in the Welsh Ministers' opinion, that person must take in order to comply with these Regulations;

(d) require that person to stop doing the action specified in the notice, or take the measures specified in the notice, or measures at least equivalent to them, within the period (being not less than 14 days) specified in the notice;

(e) inform that person of the right of appeal conferred by regulation 20; and

(f) inform that person of the period within which such an appeal may be brought.

(3) Any person who contravenes or fails to comply with an enforcement notice is guilty of an offence.

Appeals against enforcement notices

20.—(1) A person may appeal to a magistrates' court against an enforcement notice if that person has reason to believe that the notice should not have been given.

(2) A person may appeal within the period of one month beginning with the date on which the notice was given.

(3) The procedure is by way of complaint for an order, and the Magistrates' Court Act 1980(14) applies to the proceedings.

(4) On an appeal the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court thinks fit.

Penalty notices

21.—(1) If the Welsh Ministers have reason to believe that a person has committed an offence under these Regulations, the Welsh Ministers may give that person a notice (a penalty notice) in accordance with paragraphs (2) and (3).

(2) A penalty notice may be of any amount up to a maximum of £5,000.

(3) A penalty notice must—

(a) give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence;

(b) state the amount of the penalty;

(c) state the period during which, by virtue of regulation 22, proceedings will not be taken for the offence;

(d) state the address at which the penalty may be paid; and

(e) state that payment must not be made in cash.

Restriction on proceedings for penalty offence

22.—(1) Where a person is given a penalty notice—

(a) no proceedings may be brought against that person for the offence to which that notice relates before the end of the period of 28 days, beginning with the date on which the notice was given; and

(b) that person may not be convicted of the offence if the penalty is paid in accordance with regulation 23 before the end of that period.

(2) Paragraph (1) does not apply if the penalty notice is withdrawn in accordance with regulation 24.

Payment of penalty

23.—(1) Payment of any penalty must be made to the Welsh Ministers by sending it by post or by such method as may be specified in the notice.

(2) In any proceedings a certificate purporting to be signed by or on behalf of the Welsh Ministers stating that payment of a penalty was or was not received by the date specified in the certificate is evidence of the facts stated.

Withdrawal of penalty notice

24.—(1) A penalty notice may be withdrawn if the Welsh Ministers have reason to believe that it ought not to have been given (whether to the person named in the penalty notice or otherwise).

(2) A penalty notice may be withdrawn by the Welsh Ministers giving notice to the person named in the penalty notice before or after payment of the penalty.

(3) Where a penalty notice is withdrawn, the Welsh Ministers must repay any penalty paid under the penalty notice to the person named in the penalty notice within 28 days, beginning with the date on which notice of the withdrawal of the penalty notice was sent.

Offences: European beef provisions

25.—(1) Subject to regulation 8 (labelling instead of marking), any person who—

(a) fails to comply with any requirement under a European beef provision, or

(b) contravenes any prohibition contained in a European beef provision,

is guilty of an offence.

(2) But a person falling within paragraph (3) does not commit an offence if that person—

(a) fails to comply with any requirement under a Part 2 European beef provision; or

(b) contravenes any prohibition contained in a Part 2 European beef provision.

(3) A person falls within this paragraph if the person is—

(a) an operator of an approved slaughterhouse which itself bones all the bovine carcases which it obtains; or

(b) responsible for the classification of bovine carcases in such a slaughterhouse.

(4) In this regulation, “Part 2 European beef provision” (“darpariaeth eidion Ewropeaidd Rhan 2”) means a provision of the Commission Regulation which is specified in column 2 of Part 2 of Schedule 1.

Offences: European pig provisions

26.  Subject to regulation 15 (records instead of marking), any person who—

(a) fails to comply with any requirement under a European pig provision, or

(b) contravenes any prohibition contained in a European pig provision,

is guilty of an offence.

Offences: notifications by operators

27.  Any person who fails to comply with any requirement of regulation 5 (notifications by operators) is guilty of an offence.

Offences: licences (bovine carcases)

28.—(1) If classification of a bovine carcase is carried out at an approved slaughterhouse—

(a) without a licence granted under regulation 9, or

(b) in breach of any term or condition of such a licence,

the person who carries out the classification and the operator of that slaughterhouse are each guilty of an offence.

(2) If classification of a bovine carcase is carried out at an approved slaughterhouse by means of automated grading equipment—

(a) without a licence granted under regulation 10 for the use of that equipment at that slaughterhouse, or

(b) in breach of any term or condition of such a licence,

the person who carries out the classification and the operator of that slaughterhouse are each guilty of an offence.

(3) Any person who makes an alteration to a licence granted under regulation 9 or 10 is guilty of an offence.

Offences: records and marks

29.—(1) Any person who fails to comply with any requirement of regulation 12 (records: bovine carcases) or regulation 16 (records: pig carcases) is guilty of an offence.

(2) Any person who—

(a) applies to a bovine carcase or part of such a carcase a mark—

(i) prescribed by Article 6(3) of the Commission Regulation, or

(ii) closely resembling a mark prescribed by that provision,

which is likely to mislead;

(b) applies to a pig carcase or part of such a carcase a mark—

(i) prescribed by Article 21(3) of the Commission Regulation, or

(ii) closely resembling a mark prescribed by that provision,

which is likely to mislead;

(c) applies to a label relating to a bovine carcase or part of such a carcase an indication—

(i) prescribed by Article 6(4) of that Regulation, or

(ii) closely resembling an indication prescribed by that provision,

which is likely to mislead; or

(d) applies to a pig carcase or part of such a carcase a label prescribed by the last sub-paragraph of Article 21(3) of the Commission Regulation which is likely to mislead,

is guilty of an offence.

Offences: obstruction etc.

30.  Any person who—

(a) without reasonable excuse, obstructs any person acting under these Regulations,

(b) without reasonable cause, fails to give any person acting under these Regulations any assistance or information that that person may reasonably require for the purpose of carrying out functions under these Regulations,

(c) gives any person acting under these Regulations any information knowing it to be false or misleading, or

(d) fails to produce any document or record when required to do so by any person acting under these Regulations,

is guilty of an offence.

Period for bringing prosecution

31.—(1) Proceedings for an offence under regulation 19(3), 25, 26, 27, 28, 29(1) or 30 may be brought within a period of 12 months from the date on which the prosecutor first knows of evidence sufficient, in the prosecutor’s opinion, to justify proceedings.

(2) But no such proceedings may be brought more than 18 months from the commission of the offence.

(3) For the purposes of paragraph (1)—

(a) a certificate signed by or on behalf of the prosecutor and stating the date on which the prosecutor first knew of evidence sufficient to justify the proceedings is conclusive evidence of that fact;

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

Offences by bodies corporate

32.—(1) If an offence under these Regulations committed by a body corporate is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer, that officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member were a director of the body.

(3) In this regulation, “officer” (“swyddog”), in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Defence of due diligence

33.  It is a defence for a person charged with an offence under these Regulations (“P”) to prove that P took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by P or by a person under P’s control.

Offences: punishment

34.—(1) A person guilty of an offence under—

(a) regulation 19(3) (enforcement notices),

(b) regulation 25 (European beef provisions),

(c) regulation 26 (European pig provisions),

(d) regulation 27 (notifications by operators),

(e) regulation 28 (licences (bovine carcases)),

(f) regulation 29(1) (records), or

(g) regulation 30 (obstruction etc.),

is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) A person guilty of an offence under regulation 29(2) (misleading marks etc.) is liable—

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

(b) on conviction on indictment, to a fine.

Alun Davies

Deputy Minister for Agriculture, Food, Fisheries and European Programmes, under authority of the Minister for Business, Enterprise, Technology and Science, one of the Welsh Ministers

21 July 2011