FOOD Title and commencement 1 These Regulations may be cited as the Fresh Meat Export (Hygiene and Inspection) Regulations 1987 and shall come into force on 5th February 1988. Interpretation 2 1 In these Regulations, unless the context otherwise requires— “ the Act ” means the Food Act 1984; “animals” mean domestic animals of the following species: bovine animals (including buffalo), swine, sheep, goats and solipeds; “anti-mortem health inspection” means inspection of live animals in a slaughterhouse in accordance with the requirements of regulation 8 and Schedule 6; “appropriate Minister” means as respects England the Minister of Agriculture, Fisheries and Food, and as respects Wales the Secretary of State; “authorised officer of the Council” means in Schedules 7, 8, 9 and 13 an official veterinary surgeon or inspector; “carcase” means the whole body of a slaughtered animal after bleeding and dressing in accordance with the requirements of Schedule 7; “cold store” means premises, not forming part of a slaughterhouse or cutting premises, used for the cold storage of meat intended for sale for human consumption; “contravention” in relation to any provision of these Regulations includes a failure to comply with that provision; “country of destination” means the Member State to which fresh meat is sent; “cutting premises” means premises used for the purpose of cutting up meat intended for sale for human consumption, whether or not they form part of a slaughterhouse; “cutting up” means cutting meat into cuts smaller than half carcases cut into three wholesale cuts or boning meat; “disinfect” means to apply hygienically satisfactory chemical or physical agents or processes with the intention of eliminating micro-organisms; “examine in detail” means to examine by making multiple deep incisions into lymph nodes; “export” means to send to a Member State; “export cold store” means a cold store currently approved by the appropriate Minister under these Regulations for the cold storage of fresh meat prior to export; “export cutting premises” means cutting premises currently approved by the appropriate Minister under these Regulations for the purpose of cutting up fresh meat for export; “export premises” means an export cold store, export cutting premises or an export slaughterhouse; “export slaughterhouse” means a slaughterhouse currently approved by the appropriate Minister under these Regulations for the purpose of producing fresh meat for export; “fresh” as applied to meat means all meat which has not undergone any preserving process and includes meat vacuum wrapped or wrapped in a controlled atmosphere; but chilled and frozen meat shall be considered to be fresh meat; “health mark” means a mark made by or under the supervision and responsibility of an official veterinary surgeon in accordance with regulation 8 and of a kind and in the manner set out in Schedule 11; “inspector” means a person who, in accordance with section 73 of the Act and the Authorised Officers (Meat Inspection) Regulations 1987 , is authorised under the Act to act in relation to the examination and seizure of meat and who is appointed in accordance with regulation 12(2); “lairage” means that part of a slaughterhouse used for the confinement of animals awaiting slaughter there; “local authority” means— as respects the City of London, the Common Council; as respects any London borough, the council of the borough; as respects any district, the council of the district; and in relation to any land or premises means the local authority within whose area the land or premises is or are situated; “meat” means the flesh or other edible parts of animals; “occupier” means any person carrying on the business of an export slaughterhouse, export cutting premises or export cold store, either together or separately; “offal” means meat other than that of the carcase whether or not naturally connected to the carcase; “official veterinary surgeon” means a veterinary surgeon designated by the appropriate Minister; “packing”, in relation to meat, means placing wrapped meat into a carton or similar receptacle, and “package” shall be construed accordingly; “post-mortem health inspection” means inspection of slaughtered animals in a slaughterhouse in accordance with the requirements of regulation 8 and Schedule 8; “sell” includes offer or expose for sale or have in possession for sale; “slaughterhouse” has the same meaning as in the Act, except that it does not include any place available in connection with a slaughterhouse and used solely for the manufacture of bacon and ham, sausages, meat pies or other manufactured meat products, or for the storage of meat used in such manufacture; “transhipment centre” means an export slaughterhouse or export cutting premises currently approved by the appropriate Minister under these Regulations for the purpose of unloading, assembling, inspecting and loading consignments of fresh meat for export where such meat bears the health mark of other premises approved by the appropriate Minister under these Regulations or the meat comes from outside England and Wales and satisfies the requirements of the European Economic Community; “veterinary officer” means a veterinary officer of the appropriate Minister; “viscera” means offal from the thoracic, abdominal and pelvic cavities, including the trachea and oesophagus; “wrapping”, in relation to meat, means placing in a material which comes into direct contact with the meat. 2 Except in so far as the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations. Exemption 3 These Regulations shall not apply to minced meat or to meat which is similarly finely divided or to fresh meat which is exported with the authority of the country of destination and intended exclusively as supplies for international organisations and military forces stationed in its territory but serving under another flag. Approval of premises 4 1 The appropriate Minister on an application made to him under this regulation— a shall approve the premises to which the application relates as— i an export slaughterhouse if he is satisfied that the premises comply with the requirements of Schedule 1 and that the method of operation in those premises complies with the requirements of Part I of Schedule 5 and Schedules 6, 7 and 8; ii export cutting premises if he is satisfied that— aa in the case of premises to which the Slaughterhouses (Hygiene) Regulations 1977 apply, the premises comply with the requirements of Part I of Schedule 2 and the method of operation in those premises can comply with the requirements of Part I of Schedule 5 and Schedule 9, and ab in the case of premises to which the Slaughterhouses (Hygiene) Regulations 1977 do not apply, the premises comply with the requirements of Schedule 2 and the method of operation in those premises can comply with the requirements of Parts I and II of Schedule 5 and Schedule 9; iii an export cold store if he is satisfied that the premises comply with the requirements of Schedule 3 and that the method of operation in those premises can comply with the requirements of Part III of Schedule 5 and Schedule 13; iv a transhipment centre if he is satisfied that the premises, being an export slaughterhouse or export cutting premises, comply with the requirements of Schedule 4; and b shall refuse so to approve those premises if he is not so satisfied. 2 Each application for the approval of any premises under this regulation shall be made in writing to the appropriate Minister by the occupier of, or a person proposing to occupy, those premises. 3 The appropriate Minister shall notify the local authority in writing of each such application and shall arrange for a veterinary officer to inspect the premises named in the application and to make a report on those premises. 4 Where a local authority have been notified under paragraph (3) of this regulation of an application for the approval of any premises, they may submit written representations relating to that application to the appropriate Minister within 21 days after the receipt of such notification and shall send a copy of any representations to the applicant. 5 Within 21 days after the receipt of a copy of any representations submitted by the local authority under paragraph (4) of this regulation the applicant may submit written observations on those representations to the appropriate Minister. 6 In determining whether or not to approve any premises under paragraph (1) of this regulation the appropriate Minister shall have regard to— a the report made on the premises by the veterinary officer under paragraph (3) of this regulation, b any representations submitted by the local authority under paragraph (4) of this regulation, and c any observations submitted by the applicant under paragraph (5) of this regulation. 7 The appropriate Minister shall notify the applicant and the local authority in writing of his decision on each application for the approval of premises under this regulation and of the reasons for any refusal to approve such premises. 8 Any approval of any premises under this regulation shall, in the interest of maintaining a sufficient standard of hygiene, be subject to the condition that no significant alteration shall be made to— a the premises or the equipment in those premises otherwise than by way of repairs and maintenance, or b the method of operation in those premises, without the prior agreement in writing of the appropriate Minister who shall have regard to any views expressed by the local authority. 9 Following the approval of any premises as an export slaughterhouse or as export cutting premises the appropriate Minister shall issue to the local authority the necessary equipment for application of the health mark. Existing approvals 5 Any approval to use premises as a slaughterhouse, cutting premises, cold store or transhipment centre granted or deemed to be granted under the Fresh Meat Export (Hygiene and Inspection) Regulations 1981 and in force immediately before the commencement of these Regulations shall continue in force and have effect as if it had been granted under and subject to the provisions of these Regulations. Suspension and revocation of approval 6 1 The appropriate Minister may suspend or revoke his approval of any export slaughterhouse, export cutting premises, export cold store or transhipment centre and require the withdrawal of the equipment for application of the health mark if, after an inspection of, or an inquiry into the method of operation of the premises and a report by a veterinary officer and, in the case of revocation of approval, after consultation with the local authority and the occupier, he is satisfied in respect of those premises that the requirements of these Regulations are no longer complied with, or have not been complied with and no action has been taken to ensure that a similar breach does not occur in future, or that the condition attached to the approval of those premises in accordance with regulation 4(8) has not been observed. 2 The appropriate Minister shall forthwith notify the occupier and the local authority of his decision under paragraph (1) of this regulation to suspend or revoke his approval of any premises, of the date on which the suspension or revocation is to take effect and of the reasons for such suspension or revocation. 3 Any notification under paragraph (2) of this regulation shall be given in writing in the case of any revocation of approval and may be given orally or in writing in the case of any suspension of approval, and where any such notification is given orally it shall be confirmed in writing. 4 Where the appropriate Minister has suspended approval of any premises under this regulation, those premises shall be treated throughout the period of suspension as if approval had not been granted under these Regulations. 5 Where the suspension of approval of any premises under this regulation is not expressed to end on a specified date it may, if the appropriate Minister thinks fit, be ended by notice given by him to the occupier, and the appropriate Minister shall notify the local authority in writing that the suspension of approval of the premises has been ended. Use of premises for production, cutting up, storage and loading of fresh meat for export 7 1 No person shall use any premises as a slaughterhouse for the production of fresh meat for export unless at the time of such use those premises are currently approved by the appropriate Minister as an export slaughterhouse in accordance with regulation 4(1)(a)(i). 2 No person shall use any premises, whether or not they comprise a part of a slaughterhouse, for the purpose of cutting up fresh meat for export unless at the time of such use those premises are currently approved by the appropriate Minister as export cutting premises in accordance with regulation 4(1)(a)(ii). 3 No person shall use any premises for the cold storage of fresh meat for export where those premises do not form part of an export slaughterhouse or export cutting premises unless at the time of such use those premises are currently approved by the appropriate Minister as an export cold store in accordance with regulation 4(1)(a)(iii). 4 No person shall use any premises for the purpose of unloading, assembling, inspecting and loading consignments of fresh meat for export where such meat bears the health mark of other premises approved by the appropriate Minister under these Regulations or the meat comes from outside England and Wales and satisfies the requirements of the European Economic Community unless at the time of such use the first mentioned premises are an export cold store or are currently approved by the appropriate Minister as a transhipment centre in accordance with regulation 4(1)(a)(iv). 5 In any export slaughterhouse, without prejudice to the requirements of the Slaughterhouses (Hygiene) Regulations 1977 and the Slaughter of Animals (Prevention of Cruelty) Regulations 1958 , the requirements of Part I of Schedule 5 and Schedules 6, 7 and 8 shall be complied with at all times and the requirements of Schedules 11 and 14 shall be complied with whenever fresh meat for export is being produced. 6 In any export cutting premises, without prejudice to the requirements of the Slaughterhouses (Hygiene) Regulations 1977 or the Food Hygiene (General) Regulations 1970 , as appropriate, the requirements of Part I of Schedule 5 and Schedules 9, 10, 11, 12 and 14 shall be complied with whenever fresh meat for export is being cut up, and in the case of premises to which the Slaughterhouses (Hygiene) Regulations 1977 do not apply Part II of Schedule 5 shall also be complied with whenever fresh meat for export is being cut up. 7 In any export colds store, without prejudice to the requirements of the Food Hygiene (General) Regulations 1970, the requirements of Part III of Schedule 5 and Schedule 13 shall be complied with whenever fresh meat for export is in cold storage. 8 Subject to regulation 8(4) and (5), the provisions of regulations 3, 6 to 8 and 10 to 14 of, and Schedules 1 to 3 to, the Meat Inspection Regulations 1987 shall not apply in relation to any export slaughterhouse. Inspection and health marking 8 1 Each local authority shall arrange for every animal which is to be slaughtered in an export slaughterhouse to be subjected to an ante-mortem health inspection. 2 Each local authority shall arrange for every animal slaughtered in an export slaughterhouse to be subject to a post-mortem health inspection. 3 Where fresh meat intended for export has been passed as fit for human consumption following ante-and post-mortem health inspections and is eligible for export in accordance with these Regulations, it shall be marked in accordance with the requirements of Schedule 11, and, subject to paragraph (4) of this regulation, no other meat shall be so marked. 4 Where fresh meat is not intended for export but has been passed as fit for human consumption following ante-and post-mortem health inspections and is eligible for export in accordance with these Regulations, it shall be marked in accordance with regulation 11 of, and Schedule 3 to, the Meat Inspection Regulations 1987, except that where the owner of the meat so requests it shall be marked in accordance with the requirements of Schedule 11. 5 Where fresh meat has been passed as fit for human consumption following ante-and post-mortem health inspections but is not eligible for export in accordance with these Regulations, it shall be marked in accordance with regulation 11 of, and Schedule 3 to, the Meat Inspection Regulations 1987. 6 No person shall remove, or cause or permit to be removed, from an export slaughterhouse any blood intended for human consumption or any carcase or part of a carcase or any offal until it has been inspected in accordance with these Regulations and, in the case of fresh meat passed as fit for human consumption after inspection, until it has been marked in accordance with paragraphs (3) to (5) of this regulation. 7 The occupier shall give the local authority not less than 24 hours' notice of the day and time on and at which fresh meat intended for export is to be cut up on, or despatched from, any export cutting premises or admitted to, or despatched from, any export cold store. In the case of fresh meat intended for export which is to be despatched from an export cold store, such notice may be given on behalf of the occupier by any person having an interest in the meat. 8 Where a local authority have been given notice under paragraph (7) of this regulation they shall arrange for fresh meat intended for export to be supervised— a during cutting up on and despatch from any export cutting premises in accordance with the requirements of Schedule 10; and b during admission to and despatch from any export cold store in accordance with the requirements of Schedule 13. 9 No person shall use the health mark described in Schedule 11 except in premises currently approved by the appropriate Minister as an export slaughterhouse or export cutting premises. Health certificate 9 The official veterinary surgeon shall sign the health certificate referred to in Schedule 14 only if he is satisfied that the fresh meat has been produced, inspected, prepared, stored and handled in accordance with the requirements of these Regulations. Conditions for export of fresh meat 10 1 No person shall export or sell for export for human consumption any fresh meat being carcases, half carcases, quarter carcases, half carcases cut into three wholesale cuts or offal unless— a it has been obtained from an export slaughterhouse which is supervised in accordance with regulation 12; b it comes from an animal which has been subjected to an ante-mortem health inspection and following such inspection has been passed as fit for slaughter for human consumption; c it has been prepared under hygienic conditions in accordance with the requirements of Schedule 5; d it comes from an animal which has been subjected to a post-mortem health inspection and which has shown no evidence of disease or other abnormal condition except for traumatic lesions incurred shortly before slaughter or localised malformations or pathological changes and it is established that these do not render unfit for human consumption those parts of the carcase or offal not affected by such lesions, malformations or changes; e it has been given a health mark in accordance with the requirements of Schedule 11; f if it has been stored after the post-mortem health inspection, this has been done under hygienic conditions in an export slaughterhouse, export cutting premises or an export cold store which in each case is supervised in accordance with regulation 12; g it is accompanied to the country of destination by a health certificate in accordance with the requirements of Schedule 14; and h if it has been transported, this has been done under hygienic conditions in accordance with the requirements of Schedule 15. 2 No person shall export or sell for export for human consumption any fresh meat which has been cut up unless— a it has been obtained from export cutting premises which are supervised in accordance with regulation 12; b it has been cut up and obtained in accordance with the requirements of Schedule 9; c it comes from— i fresh meat from animals slaughtered in England and Wales which satisfies the requirements of paragraph (1)(a), (b), (c), (d), (e), (f) and (h) of this regulation; or ii fresh meat from animals slaughtered in Scotland or Northern Ireland which satisfies the requirements of the European Economic Community; or iii fresh meat imported in accordance with the requirements of the European Economic Community; d it has been prepared under hygienic conditions in accordance with the requirements of Schedule 5; e it has been given a health mark in accordance with the requirements of Schedule 11; f if it has been stored, this has been done under hygienic conditions in an export slaughterhouse, export cutting premises or an export cold store which in each case is supervised in accordance with regulation 12; g it has been subjected to supervision in accordance with the requirements of Schedule 10; h if it is wrapped or packed, this has been done under hygienic conditions in accordance with the requirements of Schedule 12; i it is accompanied to the country of destination by a health certificate in accordance with the requirements of Schedule 14; and j if it has been transported, this has been done under hygienic conditions in accordance with the requirements of Schedule 15. 3 No person shall export or sell for export for human consumption— a fresh meat of animals in which any form of tuberculosis or any living or dead cysticercus bovis or cysticercus cellulosae has been found; b those parts of carcases or offal showing the traumatic lesions, malformations or changes referred to in paragraph (1)(d) of this regulation or which are contaminated; c fresh meat which has been treated with natural or artificial colouring matters; d fresh meat which has been treated with ionizing or ultra-violet radiation. 4 Except where the country of destination has granted a general authorisation or an authorisation restricted to a specific case, no person shall export or sell for export for human consumption— a fresh meat from boars or from cryptorchid or hermaphrodite swine unless it is intended to undergo one of the treatments provided for in Council Directive 77/99/ EEC and it bears a special mark in accordance with the requirements of Schedule 11; b heads of bovine animals and fresh meat from the heads of bovine animals excluding tongues and brains; c fresh meat from animals to which tenderisers have been administered; d blood; e fresh meat in pieces weighing less than 100g each. Admission of animals and carcases to an export slaughterhouse 11 1 Without prejudice to regulation 19 of the Slaughterhouses (Hygiene) Regulations 1977 an official veterinary surgeon may require that the accommodation or alternative methods of operation and facilitaties referred to in paragraph 2(b) of Schedule 1 shall be used for— a the slaughtering and dressing of any animal which is brought into an export slaughterhouse and which is known or is suspected to be diseased or injured; b the carrying out of any necessary examination performed under the Animal Health Act 1981 on any undressed and unbled carcase which is brought into an export slaughterhouse; c the dressing of any undressed and bled carcase which is brought into an export slaughterhouse. 2 Fresh meat from any carcase which has been examined or dressed in accordance with subparagraph 1(b) or 1(c) of this regulation shall not be eligible for export. Supervision of approved premises 12 1 Each local authority shall, in relation to any export slaughterhouse, export cutting premises or export cold store, appoint for each such establishment one or more official veterinary surgeon or surgeons, in each case to be an officer of the Council authorised to act in relation to the examination and seizure of meat, to provide the health certification of fresh meat intended for export in accordance with the provisions of Schedule 14 and to be responsible for the carrying out of the following functions in relation to those premises:— a the ante-mortem health inspection of animals; b the post-mortem health inspection of slaughtered animals; c the health marking of fresh meat; d securing the observance of the requirements of Schedules 5, 7, 9 and 12; e the supervision of export cutting premises with particular reference to the functions set out in Schedule 10; f securing the observance of the requirements of Schedule 15 relating to the transport of fresh meat intended for export; g the supervision of export cold stores in accordance with the requirements of Schedule 13; h the supervision at transhipment centres of the unloading, assembly and inspection of fresh meat and the loading of fresh meat into the vehicle in which it is to be exported. 2 Each local authority shall, in relation to any export slaughterhouse, export cutting premises or export cold store, appoint a sufficient number of other persons to act as inspectors under the supervision and responsibility of the official veterinary surgeon in relation to functions specified in paragraph 1(a) to (h) of this regulation. Charges by local authorities 13 1 Subject to paragraph (4) of this regulation, a local authority may make charges, of such amounts as they may from time to time determine in accordance with the requirements of paragraph (2) or (3) of this regulation, in respect of the inspections and supervisory functions carried out by them in pursuance of these Regulations, other than any such functions carried out for the purpose of securing the observance of the requirements of Schedule 5. 2 A local authority which intend to make, or to increase the amounts of any existing, charges shall— a calculate on the basis of the permitted cost factors set out in Schedule 16 the amounts of their charges; b consult the occupier of any export premises affected by those charges about the amounts which the local authority propose to charge, the number of persons whom they propose to employ in the carrying out of the inspections and supervisory functions to which those charges relate and the hours during which those persons are intended to be engaged on those inspections and supervisory functions; c supply to any person consulted by them in accordance with sub-paragraph (b) of this paragraph on his request made in writing within fourteen days of the day on which he was consulted, details of the calculations used to decide the amounts of the proposed charges; d consider any representations made to them by, or on behalf of, any person whom they have consulted and, having regard thereto, determine the amounts of their charges; and e notify such amounts to all persons consulted in accordance with sub-paragraph (b) of this paragraph at least fourteen days before the day on which the charges are to take effect. 3 A local authority which intend to reduce the amounts of any existing charges shall— a determine the amounts which, on the basis of the permitted cost factors set out in Schedule 16, are to be charged; b notify the occupier of any export premises affected by those charges of the amounts of their charges, the number of persons whom they propose to employ in carrying out the inspections and supervisory functions to which those charges relate and the hours during which those persons are intended to be engaged on those inspections and supervisory functions; and c supply to any person so notified, on his request in writing made within seven days of the day on which he was notified, details of the calculations used to determine the amounts of the charges. 4 A local authority shall not apply any charge unless the requirements of paragraph (2) or (3) of this regulation have been complied with in respect of that charge. 5 Any charge made by a local authority by virtue of paragraph (1) of this regulation shall be payable— a in respect of any animal slaughtered in a public slaughterhouse, by the person on whose behalf the animal is slaughtered; b in the case of fresh meat intended for export which is to be despatched from an export cold store, by the person giving notice to the local authority pursuant to regulation 8(7); and c in any other case, by the occupier. 6 Any charge due to a local authority by virtue of this regulation shall be recoverable by them summarily as a civil debt. 7 In this regulation and in Schedule 16 “occupier”, in relation to a public slaughterhouse, includes any person who slaughters animals there with the consent of the local authority which provides that slaughterhouse. Powers of entry 14 Any person authorised in that behalf either by the appropriate Minister or the local authority on producing, if so required, a duly authenticated document showing his authority, shall have a right to enter, at any reasonable time, any premises which he has reasonable cause to believe to be premises on which animals are slaughtered for export for human consumption or on which fresh meat is prepared, stored or sold for export for human consumption, for the purpose of— a performing his functions under these Regulations, and b ascertaining whether there is or has been on, or in connection with, the premises any contravention of the provisions of these Regulations: Provided that admission to any premises used only as a private dwellinghouse shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupant of such premises. Obstruction 15 No person shall wilfully obstruct a person authorised under regulation 14 who is acting in the execution of these Regulations. Information to be provided by local authorities 16 Each local authority shall provide the appropriate Minister with such information relating to the execution of their duties under these Regulations as he may from time to time require. Penalties and enforcement 17 1 If any person contravenes or fails to comply with any provision of these Regulations he shall be guilty of an offence and shall be liable— a on summary conviction, to a fine not exceeding £2,000; and b on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both. 2 Each local authority shall enforce and execute the provision of these Regulations in their district with the exception of regulations 4 and 6 which shall be enforced and executed by the appropriate Minister. Application of various sections of the Act 18 1 Section 100 (which relates to a contravention due to some person other than the person charged), section 102 (which relates to conditions under which warranty may be pleaded as a defence) and section 103 (which relates to offences in relation to warranties and certificates of analysis) of the Act shall apply for the purposes of these Regulations as if references therein to proceedings taken or brought under that Act included references to proceedings taken or brought for an offence under these Regulations. 2 Section 116 of the Act (which relates to protection for local government officers acting in good faith) shall have effect for the purposes of these Regulations as if references therein to that Act were references to these Regulations. Revocations 19 1 The Fresh Meat Export (Hygiene and Inspection) Regulations 1981 , the Fresh Meat Export (Hygiene and Inspection) (Amendment) Regulations 1983 and the Fresh Meat Export (Hygiene and Inspection) (Amendment) Regulations 1985 are hereby revoked. 2 The reference to the Fresh Meat Export (Hygiene and Inspection) Regulations 1981 shall be omitted from Schedule 2 to the Food (Revision of Penalties) Regulations 1982 and Part II of the Schedule to the Food (Revision of Penalties) Regulations 1985 . In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1987. John MacGregor Minister of Agriculture, Fisheries and Food John Moore Secretary of State for Social Services 10th December 1987 Peter Walker Secretary of State for Wales 10th December 1987