FOOD Citation, extent and commencement 1 These Regulations, which may be cited as the Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987, shall apply to Scotland and shall come into force on 11th June 1987. Interpretation 2 1 In these Regulations, unless the context otherwise requires – “ the Act ” means the Food and Drugs (Scotland) Act 1956; “animals” means domestic animals of the following species: bovine animals (including buffalo), swine, sheep, goats and solipeds; “ante-mortem health inspection” means inspection of live animals in a slaughterhouse in accordance with the requirements of regulation 8 and Schedule 6; “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; “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 Secretary of State under these Regulations for the cold storage of fresh meat for export; “export cutting premises” means cutting premises currently approved by the Secretary of State under these Regulations for the purpose of cutting up fresh meat for export; “export slaughterhouse” means a slaughterhouse currently approved by the Secretary of State 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 which includes meat vacuum wrapped or wrapped in a controlled atmosphere; however 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 is qualified in accordance with regulation 18 of the Food (Meat Inspection) (Scotland) Regulations 1961( ) 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 the council of an islands area or 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 part 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 Secretary of State; “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” means any premises used for slaughtering animals, the flesh of which is intended for sale for human consumption, and includes any place used in connection therewith but does not include any place used in connection with a slaughterhouse 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 Secretary of State 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 Secretary of State under these Regulations or the meat comes from outside Scotland and satisfies the requirements of the European Economic Community; “veterinary officer” means a veterinary officer of the Secretary of State; “viscera” means offal from the thoracic, abdominal and pelvic cavities, including the trachea and oesophagus; “workroom” means any part of a slaughterhouse (other than a slaughterhall), or cutting premises, in which meat is handled, hung or stored; “wrapping”, in relation to meat, means placing in a material which comes into direct contact with the meat. 2 Except insofar 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 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 on its territory but serving under another flag. Approval of premises 4 1 The Secretary of State 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 Slaughterhouse Hygiene (Scotland) Regulations 1978( ) apply, the premises comply with the requirements of Part I of Schedule 2 and the method of operation in those premises complies with the requirements of Part I of Schedule 5 and Schedule 9, and ab in the case of premises to which the Slaughterhouse Hygiene (Scotland) Regulations 1978 do not apply, the premises comply with the requirements of Schedule 2 and the method of operation in those premises complies with the requirements of Parts I and II of Schedule 5 and Schedule 9, save that such premises shall not be approved if they are situated within the curtilage of a slaughterhouse which is not approved for export; 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, and such approval may relate to particular categories of meat; 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 Secretary of State by the occupier of, or a person proposing to occupy, those premises. 3 The Secretary of State 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 Secretary of State 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 Secretary of State. 6 In determining whether or not to approve any premises under paragraph (1) of this regulation the Secretary of State 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 Secretary of State 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 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 Secretary of State 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 Secretary of State shall issue to the local authority the necessary equipment for application of the health mark. Premises approved prior to 11th June 1987 5 Any slaughterhouse, cutting premises, cold store or transhipment centre in respect of which approval granted by the Secretary of State for the purpose of the export of fresh meat is in force immediately prior to 11th June 1987 shall be deemed to be approved in accordance with regulation 4. Suspension and revocation of approval 6 1 The Secretary of State 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 the application of the health mark if after an inspection of or an enquiry into, and a report on, the premises 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 these premises that the requirements of these Regulations are no longer or have not been complied with, and no action has been taken to ensure that a similar breach does not recur or that the condition attached to the approval of those premises referred to in regulation 4(8) has not been observed. 2 The Secretary of State 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 Secretary of State 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 regulation 4. 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 Secretary of State thinks fit, be ended by notice given by him to the occupier, and the Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State under these Regulations or the meat comes from outside Scotland 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 Secretary of State as a transhipment centre in accordance with regulation 4(1)(a)(iv). 5 In any export slaughterhouse, without prejudice to the requirements of the Slaughterhouse Hygiene (Scotland) Regulations 1978, the Slaughter of Animals (Prevention of Cruelty) (Scotland) Regulations 1955( ) and the Slaughter of Animals (Stunning Pens) (Scotland) Regulations 1963( ), 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 Slaughterhouse Hygiene (Scotland) Regulations 1978 or the Food Hygiene (Scotland) Regulations 1959( ), 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 Slaughterhouse Hygiene (Scotland) Regulations 1978 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 cold store 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 Any area which is not approved for export purposes and is within the curtilage of an export slaughterhouse, export cutting premises or export cold store shall not be operated in such a way as to affect adversely the hygiene standards required by these Regulations. Inspection and health marking 8 1 Subject to paragraph (2) of this regulation, every animal which is to be slaughtered in an export slaughterhouse shall be subjected to an ante-mortem health inspection in accordance with Schedule 6. 2 In the case of an animal to which the provisions of regulation 14 of the Slaughter of Animals (Prevention of Cruelty) (Scotland) Regulations 1955 apply, such animal may be slaughtered in an export slaughterhouse without having been subjected to an ante-mortem health inspection if, after taking all reasonable steps to that end, the occupier is unable to secure such inspection before it is necessary in compliance with the said regulation 14 for the animal to be slaughtered. 3 Every animal slaughtered in an export slaughterhouse shall be subjected to a post-mortem health inspection in accordance with the appropriate provisions of Schedule 8. 4 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 (5) of this regulation, no other meat shall be so marked. 5 Where fresh meat is not intended for export but has been passed as fit for human consumption following ante-and post-mortem inspection and is eligible for export in accordance with these Regulations, it shall be marked in accordance with regulation 9A of, and Schedule 6 to, the Food (Meat Inspection) (Scotland) Regulations 1961( ) except that where the owner of the meat so requests it shall be marked in accordance with the requirements of Schedule 11. 6 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 9A of, and Schedule 6 to, the Food (Meat Inspection) (Scotland) Regulations 1961. 7 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 (4) to (6) of this regulation. 8 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. 9 Where a local authority have been given notice under paragraph (8) 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. 10 No person shall apply the health mark described in Schedule 11 except in premises currently approved by the Secretary of State 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 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 Scotland 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 England or Wales 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 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 have 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; c those parts of carcases or offal which have been contaminated; d fresh meat which has been treated with natural or artificial colouring matters; e 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 cryptorchid or hermaphrodite swine or from boars (unless it is 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 each weighing less than 100g; f minced meat or meat which is similarly finely divided and mechanically recovered meat. Admission of animals and carcases to an export slaughterhouse 11 1 Without prejudice to regulations 10 to 12 of the Food (Meat Inspection) (Scotland) Regulations 1961, an official veterinary surgeon may require that the accommodation or alternative method of operation and facilities 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 suspected to be diseased or injured; b the carrying out of any necessary examination performed under regulation 32(2) of the Slaughterhouse Hygiene (Scotland) Regulations 1978 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 sub-paragraphs 1(b) or (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 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 regulation 7 and 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 the functions specified in paragraph 1(a) to (h) of this regulation. Charges by local authorities 13 1 Subject to the provisions of this regulation, a local authority may make charges in respect of the function of providing health certification of fresh meat intended for export and the other functions specified in regulation 12(1)(a) to (h) of such amounts as are determined by them from time to time. 2 Charges made in pursuance of this regulation shall relate to functions exercised in respect of individual premises within the local authority area. 3 In determining such charges as aforesaid, the local authority shall ensure that from time to time the charges are reasonably sufficient to meet the costs of the authority which are – a specified in paragraph (5) of this regulation; and b necessarily incurred in exercise of the functions referred to in paragraph (1) of this regulation. 4 In determining such charges as aforesaid a local authority shall consult with such persons or organisations as appear to them to be representative of interests substantially affected by the charges and shall provide to any such person or organisation at his or their written request a breakdown in writing of the calculation of the charges against the costs specified in paragraph 5 of this regulation. 5 The costs referred to in paragraph (3)(a) of this regulation are – a the remuneration paid to any official veterinary surgeon or inspector engaged in exercising the functions referred to in paragraph (1) of this regulation in the premises concerned, together with related costs being employer’s National Insurance and superannuation contributions. Where an official veterinary surgeon or inspector is engaged part-time in the premises concerned, such remuneration and costs shall relate to the proportion of time actually spent in exercise of the said functions in the premises; b the cost of protective clothing and equipment, including the cleaning, maintenance and repair of these items, used by an official veterinary surgeon or inspector in exercise of the said functions in the premises concerned. Where such items are not used exclusively in the premises concerned, such costs shall be apportioned according to usage; c the cost of travel and subsistence incurred by an official veterinary surgeon or inspector in respect of his exercise of the said functions in relation to the premises concerned. Where such travel and subsistence does not relate exclusively to the performance of the said functions in the premises concerned, such costs shall be apportioned accordingly; d the administrative costs incurred by the local authority in respect of the exercise of the said functions in the premises concerned. Powers of entry 14 Any person authorised in that behalf either by the Secretary of State 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 ostensibly used only as a private dwelling-house 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 Secretary of State with such information relating to the execution of their duties under these Regulations as he may from time to time require. Enforcement by local authorities 17 Each local authority shall execute and enforce the provisions of these Regulations in their area with the exception of regulations 4 and 6 which shall be executed and enforced by the Secretary of State. Offences and penalties 18 Any person who contravenes or fails to comply with any requirement of these Regulations shall be guilty of an offence and shall be liable – a on summary conviction to a fine not exceeding £2,000; b on conviction on indictment to a fine or to imprisonment for a term not exceeding one year, or both. Application of the Food (Meat Inspection) (Scotland) Regulations 1961 to export slaughterhouses 19 The provisions of these Regulations are without prejudice to the application in relation to any export slaughterhouse of the Food (Meat Inspection) (Scotland) Regulations 1961, except that the provisions of regulations 4 to 9, 16, 17, 22 and 23 of, and Schedules 1, 2 and 4 to, the 1961 Regulations shall not apply in relation to any such slaughterhouse. Application of enactments 20 1 Section 45 (which relates to contravention due to act or default of some other person), section 46 (which relates to conditions under which warranty may be pleaded as a defence) and section 47 (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 64(3) of the Local Government (Scotland) Act 1973( ) (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 21 The Regulations specified in Schedule 16 are revoked to the extent stated in that Schedule. John J. MacKay Parliamentary Under Secretary of State, Scottish Office New St. Andrew’s House, Edinburgh 29th April 1987