# The Products Containing Meat etc. (England) Regulations 2014

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Statutory Instruments

# 2014 No. 3001

Food, England

# The Products Containing Meat etc. (England) Regulations 2014

Made

12th November 2014

Laid before Parliament

13th November 2014

Coming into force

13th December 2014

The Secretary of State makes the following Regulations in exercise of the powers conferred by—

so far as relating to regulations 1(3) and 9 and Schedule 3, sections 114A F1 and 138(7) F2 and (8) of the School Standards and Framework Act 1998 F3; and                                    

so far as relating to the remaining regulations and Schedules, sections 6(4) F4, 16(1)(a) and (e) F5, 26(1)(a) and 48(1) F6 of the Food Safety Act 1990 F7 and now vested in the Secretary of State F8.                                    

So far as the following Regulations are made in exercise of powers under the Food Safety Act 1990, the Secretary of State                           has had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) F9 of the Food Safety Act 1990.                        

There has been consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing                           the European Food Safety Authority and laying down procedures in matters of food safety F10, during the preparation and evaluation of the following Regulations.                        

F1Section 114A was substituted for section 114, as originally enacted, by section 86(1) of the Education and Inspections Act 2006 (c. 40) and amended by section 8(1) of the Healthy Eating in Schools (Wales) Measure 2009 (2009 nawm 3) and S.I. 2010/1158. See section 142(1) for the meaning of “regulations”.

F2There is an amendment to section 138(7) not relevant to these Regulations. See section 142(1) for the meaning of “regulations”.

F31998 c. 31.

F4Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40), **paragraphs 10(1)** and (3) of Schedule 5, and Schedule 6, to the Food Standards Act 1999 (c. 28) and S.I. 2002/794.

F5Section 16(1) was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999.

F6Section 48(1) was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999.

F71990 c. 16.

F8Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister                              of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and                              health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary                              of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999.

F9Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.

F10OJ No L 31, 1.2.2002, p 1, last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJ No                              L 189, 27.6.2014, p 1).

## Citation, application, commencement and expiryE+W

1.—(1) These Regulations may be cited as the Products Containing Meat etc. (England) Regulations 2014.                  

(2) They apply in England only and come into force on 13th December 2014.

(3) Paragraphs 1 to 6 of Schedule 3, and regulation 9 so far as it relates to those paragraphs, cease to have effect on 1st January                     2015.                  

(4) The remaining provisions of these Regulations cease to have effect on 13th December 2021.

## InterpretationE+W

2.  In these Regulations—                  

“the Act” means the Food Safety Act 1990;                  

“FIC” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to                     consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004F11;                  

“ingredient” has the meaning given in Article 2(2)(f) of FIC;                  

“meat” means the skeletal muscles of mammalian and bird species recognised as fit for human consumption with naturally included                     or adherent tissue but does not include mechanically separated meat as defined in point 1.14 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin F12;                  

“regulated product” means a food that contains one of the following as an ingredient (whether or not the food also contains any other ingredient)—                  

meat;

mechanically separated meat as defined in point 1.14 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council;                           

the heart, the tongue, the muscles of the head (other than the masseters), the carpus, the tarsus or the tail of any mammalian                              or bird species recognised as fit for human consumption;                           

“sell” includes offer or expose for sale and includes have in possession for sale;                  

“uncooked”, in relation to a food, means a food that has not been subjected to a process of cooking throughout the whole food so that                     the food is sold on the basis that it will need further cooking before consumption.                  

F11OJ No L 304, 22.11.2011, p 18, last amended by Commission Delegated Regulation (EU) No 78/2014 (OJ No L 27, 30.1.2014, p 7).

F12OJ No L 139, 30.4.2004, p 55, last amended by Commission Regulation (EU) No 633/2014 (OJ No L 175, 14.6.2014, p 6).

## ScopeE+W

3.—(1) Subject to paragraphs (2) and (3), these Regulations apply to food that is ready for delivery to the final consumer or to                     a mass caterer.                  

(2) These Regulations do not apply in respect of any food—

(a)that is not intended for sale for human consumption; or                  

(b)to which the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003 F13 apply.                  

(3) These Regulations do not apply to any product that is brought into England from another part of the United Kingdom, an EEA                     State (other than the United Kingdom), a member State (other than the United Kingdom) or from the Republic of Turkey in which                     it was lawfully marketed.                  

(4) In this regulation—

“final consumer” has the meaning given in point 18 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing                     the European Food Safety Authority and laying down procedures in matters of food safety;                  

“mass caterer” has the meaning given in Article 2(2)(d) of FIC.                  

F13S.I. 2003/3207, amended by S.I. 2005/2626, 2630, 2007/2591, 2011/2131, 2014/1855.

## Restrictions on the use of certain namesE+W

4.—(1) No person may sell or advertise a regulated product using a name that appears in column 1 of the table in Schedule 1 as the                     name of the food, whether or not qualified by other words, unless the food complies with the appropriate requirements in columns                     2 and 3 of that table.                  

(2) No person may sell or advertise a food using a name that appears in column 1 of the table in Schedule 1, whether or not qualified                     by other words, in such a way as to suggest, either expressly or by implication, that the product designated by that name                     is an ingredient of the food, unless that product is an ingredient of the food and that product complied with the appropriate                     requirements in columns 2 and 3 of the table in Schedule 1 at the time it was used as an ingredient in the preparation of                     the food.                  

## Parts of the carcase in uncooked regulated productsE+W

5.—(1) Subject to paragraph (3), no person may sell an uncooked regulated product if any part of a carcase specified in paragraph                     (2) has been used as an ingredient in the preparation of that product.                  

(2) The specified parts of a carcase are the brains, feet, large intestine, lungs, oesophagus, rectum, small intestine, spinal                     cord, spleen, stomach, testicles and udder of any mammalian species.                  

(3) The prohibition in paragraph (1) does not extend to the use of a mammalian large or small intestine solely as a sausage skin.

(4) In this regulation “sausage” includes chipolata, frankfurter, link, salami and any similar product.                  

## EnforcementE+W

6.  It is the duty of a food authority within its area and a port health authority within its district to enforce these Regulations.                  

## Application of provisions of the ActE+W

7.—(1) Subsections (1) and (2) of section 10 of the Act (improvement notices) apply for the purposes of these Regulations with the                     following modification.                  

(2) For subsection (1), substitute—

“(1)If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply                        with regulations 4(1) or (2) or 5(1) of the Products Containing Meat etc. (England) Regulations 2014, the authorised officer                        may, by a notice served on that person (in this Act referred to as an “improvement notice”)—                  

(a)state the officer's grounds for believing that the person is failing to comply with the relevant provision;                  

(b)specify the matters which constitute the person's failure so to comply;                  

(c)specify the measures which, in the officer's opinion, the person must take in order to secure compliance; and                  

(d)require the person to take those measures, or measures that are at least equivalent to them, within such period (not being                           less than 14 days) as may be specified in the notice.”.                  

(3) Subsections (1) and (6) of section 37 of the Act (appeals) apply for the purposes of these Regulations with the following                     modifications—                  

(a)for subsection (1), substitute—                  

“(1)Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice                        under section 10(1), as applied and modified by regulation 7(1) and (2) of the Products Containing Meat etc. (England) Regulations                        2014, may appeal to the First-tier Tribunal.”; and                  

(b)in subsection (6)—                  

(i)for “(3) or (4)”, substitute “ (1) ”; and                  

(ii)in paragraph (a), for “a magistrates' court or to the sheriff”, substitute “ the First-tier Tribunal ”.                  

(4) Section 39 of the Act (appeals against improvement notices) applies for the purposes of these Regulations with the following                     modifications—                  

(a)for subsection (1), substitute—                  

“(1)On an appeal against a decision of an authorised officer of an enforcement authority to serve an improvement notice under                        section 10(1), as applied and modified by regulation 7(1) and (2) of the Products Containing Meat etc. (England) Regulations                        2014, the First-tier Tribunal may either cancel or affirm the notice, and, if it affirms it, may do so either in its original                        form or with such modifications as the Tribunal may in the circumstances think fit. ”; and                  

(b)in subsection (3), omit “for want of prosecution”.                  

(5) The provisions of the Act specified in column 1 of the table in Schedule 2 apply for the purposes of these Regulations with                     the modifications specified in column 2 of that table.                  

## RevocationsE+W

8.—(1) The following Regulations are revoked—                  

(a)the Meat Products (England) Regulations 2003 F14;                  

(b)the Meat Products (England) (Amendment) Regulations 2008 F15.                  

(2) The following provisions are revoked—

(a)regulation 18(4) of the Food Additives (England) Regulations 2009 F16;                  

(b)the entry relating to the Meat Products (England) Regulations 2003 in the table in Part 2 of the Schedule to the Treaty of                        Lisbon (Changes in Terminology or Numbering) Order 2012 F17.                  

F14S.I. 2003/2075, as amended by S.I. 2005/2626, 2008/517, 2009/3238, 2011/1043, 2012/1809.

F15S.I. 2008/517.

F16S.I. 2009/3238, to which there are amendments not relevant to these Regulations.

F17S.I. 2012/1809, to which there are amendments not relevant to these Regulations.

## Consequential amendmentsE+W

9.  Schedule 3 has effect.                  

## ReviewE+W

10.—(1) Before 13th December 2019, the Secretary of State must—                  

(a)carry out a review of these Regulations;                  

(b)set out the conclusions of the review in a report; and                  

(c)publish the report.                  

(2) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations;                  

(b)assess the extent to which those objectives are achieved; and                  

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that                        imposes less regulation.                  

George Eustice

 Parliamentary Under Secretary of State

 Department for Environment, Food and Rural Affairs

12th November 2014

 Regulation 4

## SCHEDULE 1E+WReserved descriptions

### 

In this Schedule—

“cured meat” means a food consisting of meat and curing salt, whether or not the food also contains any other ingredient;                  

“curing salt” means—                  

sodium chloride, if used in sufficient quantity to have a significant preserving effect on the food;

potassium chloride, if used in sufficient quantity to have a significant preserving effect on the food;

a combination of any of sodium chloride, potassium chloride, sodium nitrate, potassium nitrate and sodium nitrite as authorised                              for use in Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives F18, except for a combination of sodium chloride and potassium chloride; or                           

a combination of sodium chloride and potassium chloride, if used in sufficient quantity to have a significant preserving effect                              on the food.                           

### NotesE+W

1.  In relation to items 4, 5 and 6, the percentages in column 2 are based on the weight of the raw meat used to make the food                     (“the raw meat ingredient”) as a percentage of the weight of the cooked finished product. In relation to the other items,                     the percentages are based on the weight of the raw meat ingredient used to make the food as a percentage of the total weight                     of all the ingredients used to make the food (including the raw meat ingredient) at the time of their use as an ingredient.                  

2.  The quantity of meat specified in the table is to be determined taking into account the provisions relating to total fat and                     connective tissue content in point 17 of Part B of Annex VII to FIC, including any downward adjustment needed in a case where                     the total fat and connective tissue content in the regulated product exceeds the values indicated in the table in point 17                     of Part B of Annex VII to FIC.E+W

 Regulation 7(5)

## SCHEDULE 2E+WApplication and modification of other provisions of the Act

F19Section 2 was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999.

F20Section 35(1) is amended by paragraph 42 of Schedule 26 to the Criminal Justice Act 2003 (c. 44) from a date to be appointed.

F21Section 36A was inserted by paragraph 16 of Schedule 5 to the Food Standards Act 1999.

 Regulation 9

## SCHEDULE 3E+WConsequential amendments

### The Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007E+W

1.  The Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007 F22 are amended as follows.                  

F22S.I. 2007/2359, amended by S.I. 2014/1855; there are other amending instruments but none is relevant.

2.  In regulation 2(1) (interpretation)—E+W

(a)omit the definition of “the Meat Product Regulations”;

(b)after the definition of “the Fruit Juices Regulations”, insert—

““the Products Containing Meat etc. Regulations” means the Products Containing Meat etc. (England) Regulations 2014;”;                     

(c)omit the definition of “meat product”; and

(d)after the definition of “portion”, insert—

““product containing meat” has the same meaning as “regulated product” in regulation 2 of the Products Containing Meat etc. Regulations;”.                     

3.  In Schedule 1 (food groups)—E+W

(a)in entry B of the table, in the second column, for “meat product” substitute “ product containing meat ”; and

(b)in entry C of the table—

(i)in the first column, for “Meat products” substitute “ Products containing meat ”; and

(ii)in the second column, for “meat product” (in each place occurring) substitute “ product containing meat ” and for “Schedule 2 to the Meat Products Regulations” substitute “ Schedule 1 to the Products Containing Meat etc. Regulations ”.

4.  In paragraph 4 of Schedule 2 (school lunch requirements)—E+W

(a)in sub-paragraph (2), for “Schedule 2 to the Meat Products Regulations” substitute “ Schedule 1 to the Products Containing Meat etc. Regulations ”;

(b)in sub-paragraph (3)—

(i)for “meat product” substitute “ product containing meat ”;

(ii)for “regulation 6(2) of the Meat Products Regulations” substitute “ regulation 5(2) of the Products Containing Meat etc. Regulations ”;

(iii)for “regulation 6(3)” substitute “ regulation 5(3) ”; and

(c)in sub-paragraph (4), for “Schedule 2 to the Meat Products Regulations” substitute “ Schedule 1 to the Products Containing Meat etc. Regulations ”.

5.  In paragraph 3 of Schedule 3 (nutritional standards and requirements applying in specified maintained schools)—E+W

(a)in sub-paragraph (2), for “Schedule 2 to the Meat Products Regulations” substitute “ Schedule 1 to the Products Containing Meat etc. Regulations ”;

(b)in sub-paragraph (3)—

(i)for “meat product” substitute “ product containing meat ”;

(ii)for “regulation 6(2) of the Meat Products Regulations” substitute “ regulation 5(2) of the Products Containing Meat etc. Regulations ”; and

(iii)for “regulation 6(3)” substitute “ regulation 5(3) ”; and

(c)in sub-paragraph (4), for “Schedule 2 to the Meat Products Regulations” substitute “ Schedule 1 to the Products Containing Meat etc. Regulations ”.

6.  In the second column of entry (iii) of the table in Schedule 5 (requirements for school lunches provided at maintained nursery                     schools and nursery units within primary schools), for “meat or fish products” substitute “ products containing meat, fish products ”.E+W

### The Requirements for School Food Regulations 2014E+W

7.  The Requirements for School Food Regulations 2014 F23 are amended as follows.                  

F23S.I. 2014/1603.

8.  In regulation 2(1) (interpretation)—E+W

(a)omit the definition of “the Meat Product Regulations” and in its place insert—

““the Products Containing Meat etc. Regulations” means the Products Containing Meat etc. (England) Regulations 2014;”;                     

(b)omit the definition of “meat product”; and

(c)after the definition of “portion”, insert—

““product containing meat” has the same meaning as “regulated product” in regulation 2 of the Products Containing Meat etc. Regulations;”.                     

9.  In paragraph 2 of Schedule 3 (requirements for food provided as part of a school lunch or otherwise)—E+W

(a)in sub-paragraph (1), for “meat products” substitute “ products containing meat ”;

(b)in sub-paragraph (2), for “Schedule 2 to the Meat Products Regulations” substitute “ Schedule 1 to the Products Containing Meat etc. Regulations ”;

(c)in sub-paragraph (3)—

(i)for “meat product” substitute “ product containing meat ”;

(ii)for “regulation 6(2) of the Meat Products Regulations” substitute “ regulation 5(2) of the Products Containing Meat etc. Regulations ”; and

(iii)for “regulation 6(3)” substitute “ regulation 5(3) ”;

(d)in sub-paragraph (4), for “Schedule 2 to the Meat Products Regulations” substitute “ Schedule 1 to the Products Containing Meat etc. Regulations ”; and

(e)in sub-paragraph (5), for “meat products” substitute “ products containing meat ”.

## Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Meat Products (England) Regulations 2003 (S.I. 2003/2075). They apply in England.

The Regulations will cease to have effect on 13th December 2021, apart from the consequential amendments made by these Regulations                        to the Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007 (S.I. 2007/2359). Those                        consequential amendments will cease to have effect on 1st January 2015 when the Education (Nutritional Standards and Requirements                        for School Food) (England) Regulations 2007 are revoked by the Requirements for School Food Regulations 2014 (S.I. 2014/1603).                     

Regulation 3 sets out the scope of the Regulations.

Regulation 4 and Schedule 1 prohibit the use of specified names in the sale and advertising of regulated products if the products                        do not satisfy specific compositional requirements.                     

Regulation 5 prohibits, subject to an exception, the sale of uncooked regulated products which include among their ingredients                        specified parts of the carcase of any mammalian species of animal.                     

Regulation 6 imposes an obligation on food authorities and port health authorities to enforce the Regulations.

Regulation 7 and Schedule 2 apply certain provisions of the Food Safety Act 1990 (c. 16), with modifications. In particular,                        they include the application (with modifications) of section 10(1), enabling an improvement notice to be served to require                        compliance with regulations 4(1) or (2) or 5(1).                     

The provisions, as applied, make the failure to comply with an improvement notice an offence.

Regulation 7 and Schedule 2 also apply sections 37(1) and (6), and 39, of the Food Safety Act 1990, with modifications, enabling                        a decision to serve an improvement notice to be appealed to the First-tier Tribunal.                     

As well as revoking the Meat Products (England) Regulations 2003, regulation 8 revokes the Meat Products (England) (Amendment)                        Regulations 2008 (S.I. 2008/517) and provisions in other statutory instruments that amended the Meat Products (England) Regulations                        2003.                     

Regulation 9 and Schedule 3 make consequential amendments to the Education (Nutritional Standards and Requirements for School                        Food) (England) Regulations 2007 and the Requirements for School Food Regulations 2014.                     

Regulation 10 requires the Secretary of State to review the operation and effect of these Regulations and publish a report                        within five years after the Regulations come into force. Following the review it will fall to the Secretary of State to consider                        whether the Regulations should be allowed to expire as regulation 1(4) provides, be revoked early, or continue in force with                        or without amendment. A further instrument would be needed to continue the Regulations in force with or without amendments                        or to revoke them early.                     

The Regulations were notified in draft (Notification No 2014/0100/UK on 4th March 2014) to the European Commission in accordance                        with Directive 98/34/EC of the European Parliament and of the Council (OJ No L 204, 21.7.1998, p 37), which lays down a procedure for the provision                        of information in the field of technical standards and regulations.                     

A full impact assessment of the effect these Regulations will have on the costs of business, the voluntary sector and the                        public sector is available from Food and Materials Security and Food Standards, Department for Environment, Food and Rural                        Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and is published with the Explanatory Memorandum alongside the Regulations                        on www.legislation.gov.uk.