WRITTEN QUESTION E-1489/03

by Reinhold Messner (Verts/ALE) to the Commission

(2 May 2003)

Subject: Hygiene rules for slaughter and processing on farms

Since the publication of the White Paper on food safety a large number of new regulations have been introduced in the area of food safety and hygiene.

What rules are currently applicable to the slaughter of animals (cattle, pigs, sheep, goats and fowl) on farms? What requirements have to be complied with in respect of buildings? What rules are applicable to processing (sausage products, escalope) on farms? What special rules apply to direct marketing of such products on farms (guest house or farm shop)?

In respect of which of these rules has the Commission recently put forward legislative proposals or plans to do so in the near future?

Answer given by Mr Byrne on behalf of the Commission

(10 June 2003)

At present the main hygiene rules on slaughter of domestic bovine animals, pigs, sheep and goats, on the one hand and of poultry, on the other hand, are contained in Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat(1) and in Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat(2), respectively. The scope of the Directives does not include the slaughter of an animal for private consumption by the farmer and his immediate family, which may be subject to the national law of the Member State. However, the production of these meats for human consumption, other than for private consumption, is subject to meeting the requirements of the Directives.

Lesser conditions, permitting certain simplified structure and infrastructure criteria, apply in respect of low-capacity slaughtering establishments. However, compliance with the hygiene rules of the Directive is required and, therefore, public health safety is not compromised. These establishments must be registered and may market their meat on their national territory under certain conditions. Such meat must, in particular, be marked with a national stamp that cannot be confused with the Community stamp.

Assuming that the sausage goods and the breaded, boned cutlets referred to by the Honourable Member are not produced by undergoing a treatment which modifies the internal cellular structure of the meat and causes the characteristics of fresh meat to disappear, such products fall within the definition of meat preparations. The rules currently in place for the production of meat preparations are contained in Council Directive 94/65/EC of 14 December 1994 laying down the requirements for the production and placing on the market of minced meat and meat preparations(3). Certain production authorisations may be permitted by the Member States, while ensuring that the health requirements of this Directive are observed, in order to take account of particular habits of consumption.

No special rules applying to establishments on farms as such are laid down. This means that, provided that the relevant requirements of the above-mentioned Directives, either for the placing on the Community or national market are met and that the national rules permit the sale of such meats at farm level, meat may be produced, cut and stored in approved or registered establishments located on farms.

Equally, no special arrangements exist for the direct marketing of these products on the farm, apart from certain situations concerning direct sale to the final consumer. Cutting and storage of meat, and preparation of meat preparations for the purpose of supplying the final consumer directly with the products are exempt from the requirements of the relevant Directive but are subject to the public health checks provided for in national rules governing retailing. Provisioning restaurants, hotels or premises outside the farm from the farm in question may not be considered as sales made direct to the consumer.

It should also be noted that the terms of Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs(4) apply horizontally to foodstuffs in general. This means that food business operators, including those covering stages after primary production, such as preparation, processing, storing, handling and offering for sale or supply to the consumer, must meet the requirements of this Directive to ensure the safety and wholesomeness of foodstuffs.

The principal objective of the new general and specific hygiene rules is to ensure a high level of consumer protection with regard to food safety, taking into account certain principles. Pending the adoption, entering into force and implementation of the draft Regulations making up the proposal, the existing requirements prevail.

The proposed Regulation of the Parliament and of the Council on the hygiene of foodstuffs(5), as it stands, includes the principles that the primary responsibility for the food safety rests with the food business operator and that there is a need to ensure food safety throughout the food chain. The general rules will apply to all stages of production and processing of food. However, Member States may, without compromising food hygiene objectives, adopt national measures adapting the requirements laid down in the new food hygiene Regulations in order (i) to enable the continued use of traditional methods at any stage of production, processing and distribution, and (ii) to accommodate the needs of food businesses situated in regions suffering from special geographical constraints.

The proposed Regulation of the Parliament and of the Council laying down specific hygiene rules for food of animal origin will not apply to the domestic preparation, handling or storage of food for private domestic use. Neither will it apply to the direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm to the final consumer or to local establishments directly supplying such meat to the final consumer as fresh meat. Member States will be obliged, in respect of such supply, to establish rules under national law to ensure the achievement of the objectives of the proposed Regulation. This Regulation, unless indicated otherwise, will not apply to retail. Under Article 10(3) of the proposal Member States will have the opportunity, without compromising food hygiene objectives, to adopt national measures adapting the specific requirements set down in Annex III under five sets of conditions.

(1) OJ P 121, 29.7.1964.

(2) OJ L 55, 8.3.1971.

(3) OJ L 368, 31.12.1994.

(4) OJ L 175, 19.7.1993.

(5) OJ C 365 E, 19.12.2000.