FOOD Part I Preliminary Citation and commencement 1 These Regulations may be cited as the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997 and shall come into operation on 8th December 1997. Interpretation 2 1 In these Regulations— “animals” means the following food sources namely— domestic animals of the following species: bovine animals (including buffalo of the species Bubalus bubalis and Bison bison ), swine, sheep, goats and solipeds; and farmed game; “carcase” means— in relation to bovine animals, sheep, goats, solipeds and farmed game, the whole body of a slaughtered animal after bleeding, evisceration and removal of the limbs at the carpus and tarsus, removal of the head, tail and udder and flaying; and, in relation to swine, the whole body of a slaughtered animal after bleeding and evisceration, whether or not the limbs at the carpus and tarsus and the head have been removed; “cold store” means any premises, not forming part of a slaughterhouse, cutting premises, a farmed game processing facility or a farmed game handling facility used for the storage under temperature controlled conditions of fresh 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 relevant EEA State to which fresh meat is sent from another relevant EEA State; “cutting premises” means premises used for the purpose of cutting up fresh meat intended for sale for human consumption; “cutting up” means— cutting fresh meat into cuts smaller than half carcases cut into three wholesale cuts; or removing bones from fresh meat; “the Department” means the Department of Agriculture for Northern Ireland; “disinfect” means to apply hygienically satisfactory chemical or physical agents or processes with the intention of eliminating micro-organisms; “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; “EEA State” means a State which is a Contracting Party to the EEA Agreement; “examine in detail” means to examine by making multiple deep incisions into lymph nodes; “farmed game” means wild land mammals which are reared and slaughtered in captivity, excluding— mammals of the family Leporidae , and wild land mammals living within an enclosed territory under conditions of freedom similar to those enjoyed by wild game; “farmed game handling facility” means any building, premises or place, other than a slaughterhouse, used for the purpose of slaughtering farmed game, the flesh of which is intended for sale for human consumption; “farmed game meat” means meat obtained from farmed game; “farmed game processing facility” means premises, other than a slaughterhouse, used for the purpose of dressing farmed game the flesh of which is intended for sale for human consumption; “final consumer” means a person who buys fresh meat— otherwise than for the purpose of resale; for direct transport to, and consumption on, premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him; or for cooking on premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him for sale as take-away food for consumption off those premises; “fresh”, as applied to meat, means all meat, including chilled or frozen meat, which has not undergone any preserving process and includes meat vacuum wrapped or wrapped in a controlled atmosphere; “health mark” means a mark of a kind set out in Schedule 12 and applied in accordance with regulation 11 and that Schedule; “lairage” means any part of a slaughterhouse used for the confinement of animals awaiting slaughter there; “licensed”, in relation to any slaughterhouse, cold store, cutting premises, re-packaging centre, farmed game handling facility or farmed game processing facility, means licensed under regulation 4; “livestock unit” means 1 soliped, 1 adult bovine animal within the meaning of Council Regulation (EEC) No. 805/68 , 2 other bovine animals, 3 deer, 5 swine of over 100 kg liveweight, 7 other swine, 10 sheep or goats, or 20 lambs, kids or piglets of under 15 kg liveweight; “low throughput”— in relation to a farmed game processing facility, means a throughput of animals whose meat is intended for sale for human consumption of not more than 3,000 farmed deer or 7,000 farmed wild boar carcases each year at a rate not exceeding 60 or 140 each week respectively; subject to regulation 4(12) in relation to a slaughterhouse, means a throughput of animals whose meat is intended for sale for human consumption of not more than 1,000 livestock units each year at a rate not exceeding 20 each week; in relation to cutting premises means a production of not more than 5 tonnes of fresh meat intended for sale for human consumption each week; “manure pit” means a pit which is used to collect or contain dry sheep manure and which is situated beneath a self-cleaning open mesh or grating-type floor in a sheep lairage; “meat” means all parts of animals which are suitable for human consumption; “Meat Inspector” means a person appointed in accordance with regulation 7(2); “mechanically recovered meat” means finely comminuted meat obtained by mechanical means from flesh-bearing bones apart from— the bones of the head; the extremities of the limbs below the carpal and tarsal joints and, in the case of swine, the coccygeal vertebrae, and intended for establishments approved in accordance with Article 8 or 9 of Council Directive 77/99/EEC on health problems affecting intra-Community trade in meat products, as amended, and includes mechanically separated meat; “occupier” means a person carrying on the business of a slaughterhouse, cutting premises, a repackaging centre or cold store (either together or separately) or a farmed game processing or farmed game handling facility, or the duly authorised representative of such a person; “offal” means fresh meat other than that of the carcase, whether or not naturally connected to the carcase; “the Order” means the Food Safety (Northern Ireland) Order 1991; “OVS” means official veterinary surgeon, being a veterinary surgeon designated by the Department under regulation 8; “OVS room” means a room or rooms, suitable, sufficiently large and adequately equipped, capable of being securely locked, and under the control of an OVS, for the exclusive use of the OVS and Meat Inspector; “OVS facilities” means suitable and sufficient facilities under the control of the OVS and Meat Inspector; “packaging”, in relation to fresh meat, means placing wrapped fresh meat into a receptacle; “potable water” has the same meaning as in the Food Safety (General Food Hygiene) Regulations (Northern Ireland) 1995 ; “premises” means any slaughterhouse, cutting premises, re-packaging centre, cold store, farmed game handling facility or farmed game processing facility; “registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 ; “relevant EEA State” means an EEA State other than Iceland; “re-packaging centre” means premises where wrapped meat intended for placing on the market is re-packaged; “slaughterhall” means that part of a slaughterhouse in which animals are slaughtered or the bodies of slaughtered animals are dressed; “slaughterhouse” means any building, premises or place (other than a farmed game handling facility) for slaughtering animals, the flesh of which is intended for sale for human consumption, and includes any place available in connection therewith for the confinement of animals while awaiting slaughter there; “third country” means a country which is not a relevant EEA State; “veterinary officer” means a veterinary officer of the Department; “viscera” means offal from the thoracic, abdominal and pelvic cavities, including the trachea and oesophagus; “wild game”, “wild game meat”, “large wild game” and “small wild game” have the meanings given to them by regulation 2(1) of the Wild Game Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997 ; “wrapping”, in relation to the protection of fresh meat, means placing in material which comes into direct contact with such meat as well as the material itself. 2 Nothing in these Regulations shall be construed as derogating from the provisions of the Diseases of Animals (Northern Ireland) Order 1981 or of any Order made thereunder. 3 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly. Exemptions 3 These Regulations shall not apply— a to premises where fresh meat— i is used exclusively for the production for sale of meat products, meat preparations, minced meat or mechanically recovered meat; ii is cut up or repackaged exclusively for sale from those premises to the final consumer; or iii is used exclusively for carcase competitions; b to a cold store which handles only fresh meat which is— i packaged; or ii destined for sale to the final consumer; c to fresh meat intended for exhibition, special studies or analysis provided that such meat is not used for human consumption and, except in the case of such meat used for analysis, it is destroyed after such exhibition or special study, as the case may be; d to fresh meat intended exclusively for sale to international organisations; e to fresh meat intended for uses other than human consumption; or f to any person engaged in any activity described in this regulation, or to any vehicle used for the purpose of any such activity. Part II Licensing of Slaughterhouses, Cutting Premises, Cold Stores, Farmed Game Handling Facilities and Farmed Game Processing Facilities Issue of licences 4 1 A person shall not use any premises as a slaughterhouse, a cutting premises, a re-packaging centre, a cold store, a farmed game handling facility or a farmed game processing facility unless those premises are licensed by the Department. 2 Subject to paragraph (11) the Department on an application made to it under this regulation— a shall license the premises to which the application relates— i as a slaughterhouse if it is satisfied that the premises comply with the requirements of Schedules 1 and 2 or, as a low throughput slaughterhouse if it is satisfied that it complies with the requirements of Schedule 5 and (in either case) if it is satisfied that the method of operation in those premises complies with the requirements of Schedules 7 to 10 and that there is no significant risk either that facilities for inspection under Schedule 10 will be denied or that any fresh meat or blood rejected under that Schedule will be used for human consumption; ii as cutting premises if it is satisfied that the premises comply with the requirements of Schedules 1 and 3 or as low throughput cutting premises if it is satisfied that they comply with the requirements of Part I of Schedule 5, and (in either case) if it is satisfied that the method of operation in those premises complies with the requirements of Part I of Schedule 7 and Schedule 11; iii as a cold store if it is satisfied that the premises comply with the requirements of Schedules 1 and 4 and that the method of operation in those premises complies with the requirements of Part I of Schedule 7 and Schedule 14 and as a cold store storing frozen meat if it is satisfied that it complies with Schedule 15; iv as a farmed game handling facility if it is satisfied that the premises and the method of operation in those premises comply with the requirements of Part I of Schedule 6 and paragraphs 3 to 5 of Schedule 8; v as a farmed game processing facility if it is satisfied that the premises and the method of operation in those premises comply with the requirements of Part II of Schedule 6 or as a low throughput farmed game processing facility if it is satisfied that it complies with the requirements of Part III of Schedule 6 and (in either case) if it is satisfied that the method of operation in those premises complies with the requirements of Schedules 7, 9 and 10 and that there is no significant risk either that facilities for inspection under Schedule 10 will be denied or that any farmed game meat or blood rejected under that Schedule will be used for human consumption; or vi as a re-packaging centre if it is satisfied that the premises comply with Schedule 1 and that the method of operation in those premises complies with Schedules 7, 13 and 14; and b shall refuse so to license those premises if it is not so satisfied. 3 Each application for a licence under this regulation shall be made in writing to the Department by the owner or occupier of, or a person proposing to occupy, the premises to which the application relates. 4 The Department shall notify the applicant in writing of its decision on the application. 5 If it refuses a licence, it shall notify the applicant in writing of its reasons for refusal. 6 Any licence granted in respect of any premises under this regulation shall be subject to the condition that any significant alteration to the premises, or the equipment or method of operation in those premises, shall comply with the requirements of these Regulations. 7 In granting a licence in respect of any mobile slaughterhouse the Department may make it subject to the condition that the mobile slaughterhouse shall be used only in conjunction with the static unit or units specified in the licence. 8 In granting a licence in respect of any premises the Department may make it subject to conditions as to the type or species of animal which may be slaughtered or processed there. 9 In granting a licence in respect of low throughput premises the Department may make it subject to conditions— a as to the maximum limits of throughput; and b as to the persons to whom meat from the premises may be sold or supplied. 10 In granting a licence in respect of a cold store the Department may make it subject to the condition that fresh meat shall be stored only in one or more specified storage chambers or that the cold store shall store only fresh meat which is packaged. 11 Where the Department has granted any premises a temporary derogation in accordance with Council Directive 91/498/EEC in respect of one or more of the requirements specified in Schedules 1 to 6, those requirements shall not apply to the premises until such date as the Department may specify. 12 In low-throughput slaughterhouses— a while not exceeding the yearly limit of 1,000 livestock units, the weekly rate of 20 units per week may be exceeded to enable the slaughter of lambs and kids for religious festivals, provided that the OVS is present at the time of slaughter, the appropriate hygiene requirements are met and the meat is not frozen before being sold; and b where different operators slaughter on their own account at separate times during the week, or where an operator slaughters on behalf of any butcher operating on his own account, the yearly limit and weekly rate applicable to premises may be increased to 1,500 and 30 respectively, provided that the following conditions are satisfied— i the Department is satisfied that the hygienic operation of the premises is not compromised thereby; ii all operators of the premises have received training in production hygiene which the Department deems, and has confirmed in writing as, satisfactory; iii the animals to be slaughtered are the property of the operator carrying out the slaughter or of the butcher referred to above; iv the meat is obtained in premises which meet the requirements of Schedule 5; and v the meat obtained is supplied only to establishments belonging to the butcher referred to above or sold at the premises otherwise than for the purpose of resale. 13 Any person who is aggrieved by the imposition by the Department of a licence condition, may appeal against that decision to a court of summary jurisdiction in accordance with the provisions of Article 37(2) of the Order. 14 Where any premises licensed as a low throughput slaughterhouse or low throughput cutting premises are undergoing alterations on the basis of a restructuring plan approved by the Department with the aim of obtaining a licence as a slaughterhouse or cutting premises, the Department may determine the maximum throughput of those premises according to the progress of the alteration works. Revocation of licences 5 1 The Department may revoke a licence granted by it in respect of any premises and, where appropriate, require the withdrawal of the equipment for application of the health mark if, after an inspection of, or an inquiry into, the operation or structure of the premises and a report by an OVS or veterinary officer, it is satisfied that— a the conditions of hygiene at those premises are inadequate and the occupier has failed to take the necessary measures to make good the shortcomings within such period as the Department may specify; b any requirement of these Regulations as to hygiene has not been complied with and inadequate or no action has been taken to ensure that a similar breach does not occur in future; c any condition attached to the licence in accordance with regulation 4(6), (7), (8), (9) or (10) has not been complied with; d the premises no longer fall within these Regulations— i because the business carried on at the premises has ceased to be or include the slaughter of animals or the handling or storing of fresh meat; or ii because they have become exempt under regulation 3; or e any of the requirements specified by the Department in a temporary derogation in accordance with Council Directive 91/498/EEC has not been complied with. 2 The Department shall give the occupier of the premises notice in writing— a of its decision to revoke the licence; b of the date on which the revocation is to take effect; c of the reasons for revocation; d of his right to appeal to a court of summary jurisdiction; and e of the period within which such an appeal may be brought. 3 In paragraph (2) “occupier”, in relation to a proposed revocation by virtue of paragraph (1)( d )(i), where the premises are vacant, means the last person known to the Department to have carried on at the premises business for which the licence was granted or his successor in respect of that business. 4 Without prejudice to Articles 8 to 12 of the Order, where the Department has revoked the licence of any premises, a person, who, immediately before such revocation, had been using those premises may continue to use them, subject to any reasonable conditions imposed by the Department for the protection of public health, until the time for appealing has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned. Animals not intended for sale for human consumption 6 1 A person may use any slaughterhouse or farmed game handling facility, or cause any such premises so to be used, for the slaughter of an animal, the meat derived from which is not intended for sale for human consumption if— a one of the emergency slaughter conditions is satisfied; or b such slaughter takes place pursuant to, and in accordance with, a slaughter scheme introduced by or under Council Regulation (EEC) No. 805/68 . 2 The emergency slaughter conditions are— a that the animal has incurred an injury whilst in transit necessitating its slaughter; b that the animal is slaughtered by reason of the provisions of paragraph 2( e ), 4 or 5 of Schedule 3 to the Welfare of Animals (Slaughter or Killing) Regulations (Northern Ireland) 1996 . 3 A person shall not use any slaughterhouse or farmed game handling facility, or cause any such premises so to be used, for the slaughter of any animal whose meat is not intended for sale for human consumption unless the case falls within paragraph (1). 4 An animal whose meat is not intended for sale for human consumption may only be slaughtered in a slaughterhouse or farmed game handling facility if it is slaughtered in a different room or at a different time from any animal whose meat is intended for sale for human consumption. 5 The operator must take appropriate steps to prevent contamination of fresh meat in a slaughterhouse or farmed game handling facility in consequence of the slaughter there of an animal whose meat is not intended for sale for human consumption. 6 Without prejudice to the generality of paragraph (5), the slaughterhall must be thoroughly cleaned and disinfected after such an animal has been slaughtered in it. 7 Meat from an animal falling within paragraph (1)( b ) must be stored separately from meat intended for sale for human consumption. 8 The carcase of an animal falling within paragraph (1)( b ) may only be dressed in a slaughterhouse if the animal was slaughtered there. 9 Such a carcase may only be dressed in a different room or at a different time from carcases of animals whose meat is intended for sale for human consumption. 10 The operator must take appropriate steps to prevent contamination of carcases of animals whose meat is intended for sale for human consumption in consequence of the dressing. 11 Without prejudice to the generality of paragraph (10), the slaughterhall must be thoroughly cleaned and disinfected after the dressing. Part III Supervision and Control of Premises Supervision of premises 7 1 The Department may designate veterinary surgeons as OVSs and shall, in relation to any premises, appoint one or more OVSs, in each case to be an authorised officer of the Department authorised to act in relation to the examination and seizure of meat, to provide the health certification of fresh meat and to be responsible for the following functions in relation to those premises— a the ante-mortem health inspection of animals in accordance with Schedule 8; b the post-mortem health inspection of slaughtered animals in accordance with Schedule 10; c where appropriate, the examination of the fresh meat of swine and horses for trichinellosis in accordance with paragraphs 12 and 13 of Part IX of Schedule 10; d the health marking of fresh meat in accordance with Schedule 12; and e securing the observance of the requirements of Schedules 1, 2, 3, 4, 5, 6, 7, 9, 11, 13, 14, 15 and 17. 2 The Department shall, in relation to any premises, appoint such number of other persons to act as Meat Inspectors in relation to the functions specified in paragraph (1) as are necessary for the proper performance of those functions. 3 The Department may not appoint any person to be a Meat Inspector unless that person is— a a registered medical practitioner; b a member of the Royal College of Veterinary Surgeons; c the holder of a qualification specified in the Schedule to the Authorised Officers (Meat Inspection) Regulations (Northern Ireland) 1987 ; or d the holder of a certificate or other qualification in fresh meat inspection obtained in the United Kingdom or another relevant EEA state which the Department has confirmed in writing as adequate for appointment as a Meat Inspector under these Regulations. 4 A Meat Inspector shall act under the supervision and responsibility of an OVS and, in relation to the function specified in paragraph (1)( a ), shall only make an initial check on animals and assist with purely practical tasks. Revocation and suspension of designation of OVSs 8 1 Subject to paragraphs (2) and (3) the Department may, at any time, revoke or suspend the designation of any person as an OVS if it appears to the Department that the person in question is unfit to perform one or more of the functions of an OVS under these Regulations. 2 Where the Department revokes or suspends a designation under paragraph (1) it shall, as soon as possible, give to the person whose designation has been revoked or suspended a notice in writing of the reasons for the revocation or suspension and shall afford him an opportunity of making representations in writing to the Department with regard to the revocation or suspension or of being heard by a person appointed for the purpose by the Department. 3 A notice given under paragraph (2) shall inform the person to whom it is given— a of his right to make representations in writing, b of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made; c of his right to be heard; and d of the manner in which and the time (not being less than 21 days from the giving of the notice) within which he may apply for an opportunity to be heard. 4 In the event of the designated person making any representations (whether orally or in writing) under paragraph (3) the Department shall reconsider whether that person is unfit to perform one or more of the functions of an OVS under these Regulations and shall reconsider, as soon as practicable, its decision to revoke or suspend the designation under paragraph (1) in the light of those representations. Powers of OVSs and veterinary officers 9 1 Where it appears to an OVS that in respect of any premises— a any of the requirements of these Regulations as to hygiene is being breached; or b adequate health inspection in accordance with these Regulations is being hampered, he may, by notice in writing given to the occupier of the premises— i prohibit the use of any equipment or any part of the premises specified in the notice; or ii require the rate of operation to be reduced to such an extent as is specified in the notice, and the occupier shall comply with the notice. 2 A notice given under paragraph (1) shall be given as soon as practicable and shall state why it is given. 3 If it is given under paragraph (1)( a ) it shall specify the breach and the action needed to remedy it. 4 Such a notice shall be withdrawn by a further notice in writing given to the occupier of the premises as soon as an OVS is satisfied that such action has been taken. 5 So long as such a notice is in effect, the licence in respect of the premises shall be treated as being altered by the addition of the requirements specified in the notice and the other provisions of the licence shall be subject to those requirements. 6 Subject to paragraph (8) an OVS or a veterinary officer may subject any animal or any carcase or meat in any premises to such examinations (including the taking and analysis of samples) as he may reasonably consider to be necessary for the protection of public health. 7 Subject to paragraph (8), an OVS, veterinary officer or Meat Inspector may, by notice in writing given to the occupier of any such premises, state that he requires to examine an animal, carcase or meat specified in the notice on the premises. 8 The powers conferred by paragraphs (6) and (7) are not exercisable in relation to any animal, carcase or meat not intended for sale for human consumption. 9 Once a notice under paragraph (7) is received, the occupier shall detain the animal, carcase or meat until such time as he is informed in writing by the OVS or veterinary officer (as the case may be) that the result of the examination has been obtained. 10 A veterinary officer may at any time give to an OVS such reasonable directions as he may consider necessary so as to ensure that the OVS performs his functions under these Regulations, and the OVS shall comply with any such directions. 11 A person who is aggrieved by a decision of an OVS pursuant to paragraph (1) may appeal to a court of summary jurisdiction. 12 Article 37 (2) to (3) of the Order shall have effect in relation to an appeal under this regulation as it has effect in relation to an appeal under that Article but with the omission of paragraph (2A)( b ) and the word “or” immediately preceding it. Inspection and health marking 10 1 The Department shall arrange for— a ante-mortem health inspections and post-mortem health inspection to be carried out at every slaughterhouse in accordance with Schedules 8 and 10 respectively; and b post-mortem health inspections to be carried out at every farmed game processing facility in accordance with Schedule 10. 2 Where fresh meat intended for sale for human consumption— a has been passed fit for human consumption following ante- and post-mortem health inspections; and b complies with the requirements of these Regulations, it shall be marked in accordance with the requirements of Schedule 12. 3 No other meat shall be so marked. 4 A person shall not remove, or cause or permit to be removed, from a slaughterhouse or a farmed game processing facility any blood or any carcase or part of a carcase or any offal intended for sale for human consumption or any offal from a slaughtered animal intended for sale for human consumption until it has been inspected in accordance with these Regulations. 5 The health mark shall be applied by persons acting under the responsibility of an OVS, and no other person shall apply the health mark or possess or use the equipment for applying the health mark. 6 The equipment for applying the health mark and any labels on which the health mark is printed shall be kept under the responsibility of the OVS. 7 A person shall not use any mark so resembling a health mark, or in such a way, as to be likely to suggest that the product has been produced in accordance with these Regulations. Notice of operation of licensed premises 11 1 Subject to the provisions of these Regulations, a person shall not operate any licensed premises to produce fresh meat for sale for human consumption unless he has notified the Department, in accordance with paragraph (2), of the day on which and the time and place at which they are to be operated. 2 The notification referred to in paragraph (1) shall be given to the Department— a if the operation is to be the slaughter of farmed game, not less than 72 hours before the time of slaughter; b if the operation is to be any other description of slaughter, not less than 24 hours before that time; or c for any other kind of operation, not less than 24 hours before its commencement, unless the Department has agreed with the person required to give the notice that it will accept notice of a shorter duration, in which case the notice shall be of the agreed duration. 3 Where it is the regular practice in any licensed premises to operate at fixed times on fixed days and written notice of this practice has been given to and accepted by the Department, this shall, as respects any operation in accordance with such practice, be regarded as adequate compliance with paragraph (1). 4 Paragraph (1) does not apply to the slaughter of an animal where by reason of injury or by reason of the provisions of paragraph 2( e ), 4 or 5 of Schedule 3 to the Welfare of Animals (Slaughter or Killing) Regulations (Northern Ireland) 1996 it is necessary that it should be slaughtered without delay. 5 In that case the person who but for paragraph (4) would have been required to give a notice under paragraph (1) must inform the Department of the circumstances. 6 The information must be given as soon as reasonably possible. 7 It may be given after the animal has been slaughtered if it is not reasonably possible to give it before. Part IV Conditions for the Marketing of Fresh Meat General conditions 12 1 A person shall not sell fresh meat for human consumption unless— a it has been obtained from licensed premises; b it comes from an animal which has been subjected to an ante-mortem health inspection in accordance with these Regulations, which, following such inspection, has been passed as fit for slaughter for human consumption and, where appropriate, is accompanied by a certificate in the form set out at Schedule 20; c it has been prepared under hygienic conditions in accordance with the requirements of Schedule 7; d it comes from the body of an animal which has been subjected to a post-mortem health inspection in accordance with Schedule 10 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 12; f it is accompanied during transportation by a commercial document or by a health certificate in accordance with regulation 13; g if it has been stored in a cold store, it has been stored in accordance with Schedule 14; h if it is wrapped or packaged, it has been wrapped or packaged under hygienic conditions in accordance with the requirements of Schedule 13; i if it is frozen, it has been frozen in accordance with the requirements of Schedule 15; j if it has been transported between licensed premises, it has been transported under hygienic conditions in accordance with the requirements of Schedule 17; and k if it is mechanically recovered meat, it has been handled in accordance with Council Directive 77/99/EEC . 2 A person shall not sell for human consumption— a without prejudice to paragraph 6 of Schedule 12, fresh meat which has been treated with natural or artificial colouring matters; b fresh meat which has been treated with ionising or ultra-violet radiation; c fresh meat from male swine used for breeding or cryptorchid or hermaphrodite swine unless such meat has undergone one of the treatments specified in Council Directive 77/99/EEC and such meat bears a special mark in accordance with the requirements of paragraph 1 of Schedule 12; d fresh meat from uncastrated male swine of a carcase weight (excluding the limbs at the carpus and tarsus and the head) exceeding 80 kgs unless— i a Meat Inspector has tested it for pronounced sexual odours and declared it not to have such odours; or ii without prejudice to the requirement in paragraph 1(1) of Part IX of Schedule 10 for boar meat with pronounced sexual odours to be declared unfit where a Meat Inspector has detected such meat to have pronounced sexual odours, it has undergone one of the treatments specified in Council Directive 77/99/EEC and bears a special mark in accordance with the requirements of paragraph 1 of Schedule 12; or e fresh meat from animals to which tenderisers have been administered. 3 Subject to paragraph (4) a person shall not consign or sell for consignment to a relevant EEA State for human consumption— a fresh meat obtained from the body of an animal referred to in regulation 17(2); b fresh meat produced, cut up or stored in premises to which the Department has granted a temporary derogation, while that derogation is in force; c fresh meat produced in a low throughput slaughterhouse or in a low throughput farmed game processing facility; or d fresh meat cut up in any low throughput cutting premises. 4 Paragraph (3) shall not apply to meat— a forming part of a traveller’s luggage and not intended for resale; or b meat sent as small packages to private persons. 5 Paragraphs (1) and (2) shall not apply to fresh meat imported from a relevant EEA State or a third country, but fresh meat so imported shall be handled and transported in accordance with these Regulations. 6 Paragraphs (1) and (2) shall not apply to fresh meat which was obtained, cut up or stored prior to 8th December 1997provided it is handled in accordance with these Regulations and, except in the case of fresh meat obtained, cut up or stored in premises which immediately before 8th December 1997, were approved under Council Directive 64/433/EEC , it is not consigned or sold for consignment to a relevant EEA State. 7 Without prejudice to Chapter IV of Schedule 1 to the Food Safety (General Food Hygiene) Regulations (Northern Ireland) 1995 (transport of foodstuffs) paragraph 1( j ) shall not apply in relation to the transportation of any fresh meat from any licensed premises on sale direct to the final consumer or to a retailer in Northern Ireland. Transport documentation 13 1 Subject to paragraph (2), the occupier of licensed premises shall ensure that fresh meat is accompanied during transportation from the premises— a by an invoice or delivery note containing the following information— i the name and address of the consignor and the consignee; ii the approval number of the premises from which the meat is to be transported; iii the date of issue of the document and a number enabling it to be identified; iv a description of the product transported; v the total quantity despatched; vi in the case of frozen meat, the month and year of freezing, clearly indicated; and vii in the case of meat destined for Finland or Sweden, an indication that— aa the meat is intended for processing; bb the meat comes from an establishment which is subject to a recognised programme as referred to in paragraph 15 of Part IX of Schedule 10; or cc the test referred to in paragraph 15 of Part IX of Schedule 10 has been carried out; b in the case of fresh meat intended for consignment to a relevant EEA State which— i is obtained from a slaughterhouse situated in a region or area subject to a prohibition or restriction under the Diseases of Animals (Northern Ireland) Order 1981 ; or ii will be transported through a third country in a sealed vehicle, by the health certificate referred to in Schedule 16; and c in the case of meat intended for consignment to a member State which is then intended for export to a third country after processing, when requested by the competent authority in that member State, by an appropriate form of health attestation, the costs of which are to be borne by the operator of the consigning premises. 2 Paragraph (1) shall not apply where the fresh meat is being transported from licensed premises direct to the final consumer or to a retailer in Northern Ireland. 3 Any person other than those referred to in paragraph (2) who receives fresh meat direct from any licensed premises shall keep the invoice or delivery note so that it can be produced at the request of the Department or a district council. Part V Admission and Detention in Slaughterhouses and Farmed Game Processing Facilities of Animals and Carcases Alternative accommodation for certain animals 14 1 An OVS or a Meat Inspector acting under the supervision of an OVS may require the accommodation or alternative methods of operation and facilities referred to in paragraph 1( d ) of Schedule 2 and paragraph 1( n ) of Part II of Schedule 5 to be used for— a the slaughtering and dressing of any animal which is brought into a slaughterhouse and which is known to be, or suspected of being, diseased or injured; or b the dressing of any slaughtered and bled animal which is brought into a slaughterhouse in accordance with regulation 17. 2 So long as any requirement to use alternative accommodation in such circumstances, or to prohibit the entry of a dirty animal in the circumstances set out in paragraph (3), is in effect, the licence in respect of the premises shall be treated as being altered by the addition of that requirement and the other provisions of the licence shall be subject to that requirement. 3 A Meat Inspector or OVS— a may require the detention in a lairage, or prohibit the slaughter, of any animal which in his opinion is so dirty as to be likely to prevent hygienic dressing operations if it is taken into the slaughterhall at that slaughterhouse; and b may require the occupier of the slaughterhouse to clean the animal before presenting it to an OVS for an ante-mortem inspection. 4 In the case of a slaughtered and bled animal which is brought into a slaughterhouse or farmed game processing facility in accordance with regulation 17 or paragraph (l)( g ) of Part I of Schedule 6, a Meat Inspector or OVS may give notice that in his opinion any such animal is so dirty as to be likely to prevent hygienic dressing operations if it is taken into the slaughterhall at that slaughterhouse or the dressing room at that farmed game processing facility, and if such notice is given the occupier of the premises shall not take the animal in. Period of time for keeping an animal in a lairage and removal of an animal from a slaughterhouse 15 1 A person shall not keep or permit to be kept in any lairage for a period exceeding 72 hours any animal intended for slaughter unless— a the OVS gives his consent to it being kept in a lairage for a period exceeding 72 hours, which consent shall only be given in exceptional circumstances; and b it is isolated from animals in respect of which no such consent has been given. 2 In this regulation “lairage” means any covered part of a slaughterhouse used for the confinement of animals awaiting slaughter there, but does not include any field, pasture or other open lairage forming part of any slaughterhouse or otherwise. 3 A person shall not, unless directed by an OVS or a veterinary officer, remove from a slaughterhouse an animal intended for slaughter if it is intended that meat from it shall be sold for human consumption. Conditions on the admission of diseased or injured animals 16 1 A person shall not send an animal which he knows or suspects to be diseased or injured to a slaughterhouse unless he has given the occupier of the slaughterhouse reasonable notice of his intention to send it. 2 A person shall not bring into, or permit to be brought into, a slaughterhouse any animal which he knows or suspects to be diseased or injured unless— a he has already ensured that it is accompanied by a written declaration signed by the owner or person in charge of it containing the information specified in Schedule 18; and b that declaration is handed to a Meat Inspector or an OVS as soon as is practical after the animal’s arrival at the slaughterhouse. 3 The occupier of the slaughterhouse shall ensure that on arrival at the slaughterhouse the animal— a is slaughtered without delay following ante-mortem inspection; or b is taken without delay under the direction of a Meat Inspector or the OVS to that part of the lairage provided for the isolation of diseased or injured animals. Conditions on the admission of dead or slaughtered animals 17 1 A person shall not bring into, or permit to be brought into, or to remain in, a slaughterhouse the body of an animal which has died unless— a it died in transit to the slaughterhouse; and b it is removed from the slaughterhouse immediately following the carrying out of any necessary examination performed under the Diseases of Animals (Northern Ireland) Order 1981. 2 A person shall not bring into, or permit to be brought into, a slaughterhouse the slaughtered body of an animal, unless— a it has been bled; b the animal has undergone an ante-mortem inspection by a veterinary surgeon; c the animal has been slaughtered as a result of an accident or because it was suffering from a serious physiological or functional disorder; d the body of the animal has not been dressed; e the body of the animal is accompanied to the slaughterhouse by a certificate in the form set out in Schedule 19; and f the body of the animal is transported to the slaughterhouse in a container or vehicle under hygienic conditions and, if it cannot be delivered to the slaughterhouse within one hour of slaughter, it is transported there in a container or vehicle under hygienic conditions in which the ambient temperature is between 0°C and 4°C. 3 Paragraph (2) does not apply to the slaughtered and bled body of farmed game if it comes from a farmed game handling facility and the occupier of the facility has performed in relation to the body the duty imposed on him by Part I of Schedule 6. 4 Paragraphs 3 to 5 of Schedule 8 apply to an ante-mortem inspection under paragraph (2)( b ). 5 On arrival at the slaughterhouse the veterinary certificate which paragraph (2)( e ) requires to accompany the body of the animal to the slaughterhouse must be given to a Meat Inspector or OVS. Part VI Administration, Penalties and Enforcement Records of inspections 18 1 The Department shall keep in respect of individual licensed premises, where appropriate, a record, for the purpose of compliance with the provisions of Council Directive 91/497/EEC , of the results of— a ante-mortem health inspections; and b post-mortem health inspections. 2 The Department shall retain the record of such an inspection until the end of the period of one year commencing with the date of the inspection to which it relates. Duties of occupier 19 1 The occupier of any licensed premises— a shall keep a record adequate to show the number of animals received into, and the amounts of fresh meat despatched from, the premises during each week; b shall take all practicable steps to secure compliance by any person employed by him or by any person invited on to the premises, with the provisions of these Regulations; c shall ensure that an OVS, Meat Inspector or a veterinary officer is provided with adequate facilities so as to enable him to carry out his duties under these Regulations and that he is given such reasonable assistance and access to records as he may from time to time require for that purpose; d shall take all necessary measures to ensure that, at all stages of production, the requirements of these Regulations are complied with and shall carry out checks (including any microbiological checks the Department may require) on the general hygiene of conditions of production in his establishment to ensure that equipment and, if necessary, fresh meat, comply with the requirements of these Regulations; e shall keep in permanent form a record of the results of those checks and make it available to the OVS or Meat Inspector upon request; f shall keep in permanent form a record of the results of water testing on the premises and make it available to the OVS for inspection upon request; g shall ensure that the health mark is properly applied as provided for in regulation 10, and that any labels on which the health mark is printed are used properly; h shall ensure that the OVS or Meat Inspector is notified immediately when any information at the occupier’s disposal reveals a serious health risk; and i shall, in the event of a serious health risk, ensure that fresh meat is withdrawn if it has been obtained under or stored in conditions similar to those which produced the risk and is itself likely to present the same risk. 2 The occupier shall retain records required to be kept under this regulation until the end of the period of one year from the date of the check. 3 The occupier of licensed premises shall arrange or establish in consultation with the OVS a staff training programme to train staff to comply with hygiene requirements appropriate to the operations that they perform on those premises. Offences and penalties 20 1 If any person contravenes— a regulation 9(1); or b regulation 11(1), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. 2 If any person contravenes— a any other provision of these Regulations; or b a condition imposed by the Department under regulation 5(4), he shall be guilty of an offence and shall be liable— i on summary conviction, to a fine not exceeding the statutory maximum; or ii on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both. 3 Neither paragraph (1) nor paragraph (2) applies to anything done or omitted by the Department. 4 A prosecution for an offence under any of the provisions mentioned in paragraph (2) shall not be begun after the expiry of— a three years from the commission of the offence; or b one year from its discovery by the prosecutor, whichever is the earlier. Application of various Articles of the Order 21 The following provisions of the Order shall apply for the purposes of these Regulations as they apply for the purposes of Articles 7, 13 and 14 of the Order and, unless the context otherwise requires, any reference in them to the Order shall be construed as a reference to the Regulations— Article 2(4) (extended meaning of “sale”); Article 3 (application to food offered as prizes, etc.); Article 4 (presumption that food intended for human consumption); Article 19 (offences due to fault of another person); Article 20 (defence of due diligence); Article 34 (obstruction, etc. of officers). Supervision and enforcement 22 These Regulations shall be enforced and executed by the Department. Part VII Miscellaneous and Supplementary Fresh meat from Great Britain, the Isle of Man and the Channel Islands 23 1 A person shall not consign or sell for consignment to a relevant EEA State for human consumption fresh meat produced in a place to which this regulation applies, unless it was produced at premises in accordance with legislative provisions having effect in that place and corresponding to regulation 4 and paragraph 1 of Schedule 12. 2 A person shall not sell for human consumption in Northern Ireland fresh meat produced in a place to which this regulation applies unless it carries a health mark applied in accordance with legislation having effect in that place and corresponding to the provisions of Schedule 12. 3 The places to which this regulation applies are Great Britain, the Isle of Man and the Channel Islands. Amendments 24 1 In regulation 3(2) of the Food Premises (Registration) Regulations (Northern Ireland) 1992 — a sub-paragraph ( c ) shall be revoked; b for sub-paragraph ( e ) there shall be substituted the following sub-paragraph— e as premises in respect of which a licence is required under regulation 4(1) of the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997; . 2 In regulation 3(2) of the Food Safety (General Food Hygiene) Regulations (Northern Ireland) 1995, there shall be added at the end— i the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997. 3 In regulation 3(2) of the Food Safety (Temperature Control) Regulations (Northern Ireland) 1995 there shall be added at the end— i the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland)1997. . 4 In the Meat (Hygiene, Inspection and Examinations for Residues) (Charges) Regulations (Northern Ireland) 1995 — a in regulation 2(2)— i for the definitions of “farmed game”, “farmed game birds”, “game” and “health inspection and control exercise” there shall be substituted the following definitions— “the Fresh Meat Regulations” means the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997; “health inspection and control exercise” means an inspection or supervisory function carried out by the Department under any provision of the Hygiene Regulations except paragraph 3 of Schedule 7 to the Poultry Meat Regulations (on-farm inspections); “the Hygiene Regulations” means— the Fresh Meat Regulations; the Poultry Meat Regulations; ; ii the definition of “rabbit” shall be omitted; iii for the definition of “slaughterhouse” there shall be substituted the following definition— “slaughterhouse” means a slaughterhouse licensed by the Department under the Fresh Meat Regulations or the Poultry Meat Regulations; ; b in regulation 4 for paragraph (1) there shall be substituted the following paragraph— 1 The Department shall make a general charge for the performance of its functions in relation to health inspection and control exercises in respect of domestic animals or domestic birds. ; c in regulations 5(4) and 6 for the words “the body carrying out the health inspection and control exercise” wherever they occur there shall be substituted the words “the Department”; d in regulations 9, 10(6), 11 and 13(1) the words “or, as the case may be, a district council” wherever they occur shall be omitted; e regulations 10(1), (3), (4) and (7), 12 and 13(2) shall be revoked; f in regulation 10(2) the words “Subject to paragraph (3)” shall be omitted; and g in regulations 11 and 13(1) the words “or as the case may be, the district council” wherever they occur shall be omitted. Repeals and revocations 25 1 The statutory provisions specified in Schedule 21 are hereby repealed or revoked to the extent specified in column 3 of that Schedule. 2 The Slaughterhouses (Hygiene) Regulations (Northern Ireland) 1963 , the Meat Inspection Regulations (Northern Ireland) 1984 , the Meat Inspection (Amendment) Regulations (Northern Ireland) 1988 , the Meat Inspection (Amendment) Regulations (Northern Ireland) 1991 and the Slaughterhouses (Hygiene) (Amendment) Regulations (Northern Ireland) 1991 , in so far as they are still in operation, are hereby revoked. Sealed with the Official Seal of the Department of Agriculture on Liam McKibben Assistant Secretary 13th November 1997.