Agriculture PART 1 GENERAL PROVISIONS Citation and commencement 1 These Regulations may be cited as the Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018; they apply in Northern Ireland and come into operation on 10th January 2019. Interpretation 2 1 In these Regulations— “ the 2010 Regulations ” means the Beef and Pig Carcase Classification Regulations (Northern Ireland) 2010 ; “ adult bovine animal ” means a bovine animal aged eight months or more; “ approved slaughterhouse ” means an establishment used for slaughtering adult bovine animals or pigs, the meat of which is intended for human consumption and which is approved or conditionally approved under Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin ; “ assimilated beef provision ” means a provision which is specified in column 2 of Schedule 1, the subject matter of which is described in column 3 of that Schedule; “ assimilated pig provision ” means a provision which is specified in column 2 of Schedule 2, the subject matter of which is described in column 3 of that Schedule; “ authorised officer ” means a person authorised by the Department for the purposes of these Regulations; “ bovine carcase ” means a carcase or half-carcase of a slaughtered adult bovine animal bearing a health mark as defined in Article 3(51) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products ; “ classification ” means— the classification of bovine carcases in accordance with the assimilated beef provisions, or the classification of pig carcases in accordance with the assimilated pig provisions and with regulation 15, as the case may be and cognate terms are to be construed accordingly; “ clean pig ” means a pig which has not been used for breeding; “ Commission Delegated Regulation ” means Commission Delegated Regulation (EU) 2017/1182 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals; “ Commission Implementing Regulation ” means Commission Implementing Regulation (EU) 2017/1184 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals; ... ... “ operator ” means a person carrying on the business of an approved slaughterhouse; “ pig carcase ” means the body of a slaughtered clean pig, bled and eviscerated, whole or divided down the mid-line; “ prescribed communication ” means a communication of the results of the classification as required by Article 1 of the Commission Implementing Regulation; “ Regulation (EU) 2013 ” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products. “ the Department ” means the Department of Agriculture, Environment and Rural Affairs. 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly . 3 Other terms used in these Regulations that are also used in Regulation (EU) 2013, the Commission Delegated Regulation or the Commission Implementing Regulation have the same meaning they bear in those Regulations. 4 In these Regulations, any reference to— a Regulation (EU) 2013; b the Commission Delegated Regulation; or c the Commission Implementing Regulation, is to be construed as a reference to that instrument as amended from time to time. Transitional provisions 3 Any notice, licence, approval or authorisation, given or granted under the 2010 Regulations and which has effect at the coming into operation of these Regulations remains in force as if it were given or granted under these Regulations. Revocations 4 The following are revoked— a the Beef and Pig Carcase Classification Regulations (Northern Ireland) 2010 ; and b regulation 2 of the Single Common Market Organisation (Consequential Amendments) Regulations (Northern Ireland) 2014 . PART 2 NOTIFICATIONS BY OPERATORS Notifications by operators 5 1 Every person who— a is an operator on the date of coming into operation of these Regulations, or b becomes on operator on a subsequent date must within 28 days of the date of coming into operation of these Regulations or of the date on which the person becomes an operator as the case may be, give notice to the Department of the particulars specified in paragraph (3). 2 A person— a who has given notice, or who has been deemed to have given notice, under regulation 4(1) or (2) of the 2010 Regulations, and b to whom these Regulations apply by virtue of regulation 6 or regulation 13 shall be deemed to have given notice under paragraph (1). 3 The particulars referred to in paragraph (1) are— a the full name and address of the operator; b where the operator is a partnership or joint owners, the full names and addresses of all the partners or joint owners; c where the operator is a body corporate, the full name, registered office address and registration number of the body; and d the address, telephone number and approval number of the slaughterhouse. 4 Where any change occurs in any of the particulars specified in paragraph (3), the operator must within 28 days of the change give notice to the Department of the particulars of the change. 5 Where an operator (“O”) ceases to be the operator of an approved slaughterhouse, O must within 10 days of the cessation give notice to the Department of— a the date of the cessation; and b the person (if any) succeeding O as operator of that slaughterhouse. 6 Where an approved slaughterhouse ceases to be such a slaughterhouse, its operator must within 10 days of such cessation give notice to the Department of the date of that cessation. PART 3 BOVINE CARCASES Application of these Regulations to small-scale bovine operators 6 1 A small-scale bovine operator is not required to classify bovine carcases. 2 These Regulations do not apply to a small-scale bovine operator which does not classify carcases. 3 But if a small-scale bovine operator chooses to classify bovine carcases, these Regulations apply in relation to that operator and the classification of those carcases. 4 In this regulation, “ small-scale bovine operator ” means an operator of an approved slaughterhouse at which fewer than 150 adult bovine animals per week as an annual average are slaughtered. 5 Any small-scale bovine operator who, until the coming into operation of these Regulations, was required to classify bovine carcases under the 2010 Regulations shall not by that reason alone be deemed to have chosen to do so for the purposes of paragraph (3). 6 Nothing in this regulation prevents the application of these Regulations to an operator in relation to pig carcases if pigs are also slaughtered in that operator's slaughterhouse. Competent authority: bovine carcases 7 1 The Department is the competent authority for the purposes of— a Article 12(2)(b) of the Commission Delegated Regulation (additional provisions on classification by automated grading techniques); b Articles 13 and 14 of the Commission Delegated Regulation and Articles 13(2) and 14 of the Commission Implementing Regulation (reporting of market prices and calculation of weekly market prices and average price per class); c Article 17(2) of the Commission Delegated Regulation (supplementary provisions for reporting of market prices for carcases); d Article 4(1) of the Commission Implementing Regulation (making and keeping reports for on-the-spot checks). 2 The Department is responsible for – a the authorisation of automated grading methods for beef carcases as described in Article 10 of the Commission Delegated Regulation; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c on-the-spot checks as described in Articles 2 and 3 of the Commission Implementing Regulation. Records instead of marking 8 An operator or the person responsible for the classification of bovine carcases may, instead of marking a carcase in accordance with the assimilated beef provisions set out in Part 2 of Schedule 1, draw up a record for that carcase which comprises at least— a the individual identification of the carcase by any unalterable means; b the warm weight of the carcase; and c the result of the classification. Licence to carry out classification 9 1 The Department may grant a licence to carry out visual classification of bovine carcases to any person who appears to the Department to be qualified to carry out the classification, if the Department is satisfied that the applicant is a fit and proper person to carry out classification of bovine carcases. 2 The licence may be made subject to such terms and conditions as the Department considers necessary for the purposes of paragraph (1). 3 In addition to the power to revoke a licence in the circumstances mentioned in Article 4(2) of the Commission Implementing Regulation (incorrect classification, presentations or identifications), the Department may suspend or revoke a licence granted to a person under this regulation if— a the person has contravened any of the terms or conditions of that licence; or b the Department is satisfied that the person holding that licence is no longer a fit and proper person to carry out classification of bovine carcases. 4 Where the Department takes any decision in relation to a licence under this regulation which gives rise to a right to appeal under regulation 11, the Department must— a inform the person of the decision in writing; b give the reasons; and c explain that there is a right of appeal to a magistrates' court. Licence for automated grading 10 1 The Department may grant to the operator of an approved slaughterhouse a licence authorising the use of automated grading equipment for classification of bovine carcases at that slaughterhouse, if the Department is satisfied on the application of the operator for such a license that the equipment and the manner of its operation would meet the standards required by Article 9(b) and 10(2) (read with Part A of Annex IV) of the Commission Delegated Regulation. 2 The licence may be made subject to such terms and conditions as are necessary to ensure compliance with those standards. 3 In addition to the power to revoke a licence in the circumstances mentioned in Article 4(2) of the Commission Implementing Regulation (incorrect classification, presentations or identifications), the Department may suspend or revoke a licence granted to an operator under this regulation if— a the operator has contravened any of the terms or conditions of the licence; or b the Department considers that the automated grading equipment no longer meets the standards required by the Commission Delegated Regulation, whether for reasons connected with the equipment itself or with the operator's manner of operation of the equipment. 4 Where the Department takes any decision in relation to a licence under this regulation which gives rise to a right to appeal under regulation 11, the Department must— a inform the person of the decision in writing; b give the reasons; and c explain that there is a right of appeal to a magistrates' court. Appeals regarding licences 11 1 A person may, within 21 days of the notification of a decision to which this regulation applies, appeal against that decision to a magistrates' court. 2 A specified decision for the purpose of paragraph (1) is a decision by the Department to— a refuse an application by that person for a licence under regulation 9 or 10; b impose a term or condition in a licence granted to that person under regulation 9 or 10; or c suspend or revoke a licence granted to that person under regulation 9 or 10. 3 The procedure is by way of a complaint for an order, and the Magistrates' Courts (Northern Ireland) Order 1981 applies to the proceedings. 4 On an appeal the court may either cancel or affirm the decision and, if the court affirms the decision, it may do so either in its original form or with such modifications as the court thinks fit. Records: bovine carcases 12 1 An operator of an approved slaughterhouse must keep a record of the particulars specified in Schedule 3 relating to each bovine carcase which is classified in that slaughterhouse. 2 The operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates. PART 4 PIG CARCASES Exemption for small-scale pig operators 13 1 These Regulations do not apply to the operator of an approved slaughterhouse at which fewer than 500 clean pigs per week as an annual average are slaughtered. 2 But if a small-scale pig operator chooses to classify pig carcases, these Regulations apply in relation to that operator and the classification of those carcases. 3 Nothing in paragraph (1) prevents the application of these Regulations to an operator in relation to bovine carcases if adult bovine animals are also slaughtered in that operator's slaughterhouse. Competent authority: pig carcases 14 1 The Department is the competent authority for the purposes of— a Article 7(4) of the Commission Delegated Regulation; b Article 12(2)(b) of the Commission Delegated Regulation (additional provisions on classification by automated grading techniques); c Articles 13 and 14 of the Commission Delegated Regulation and Article 14 of the Commission Implementing Regulation (reporting of market prices and calculation of average price per class); d Article 17(2) of the Commission Delegated Regulation (supplementary provisions for reporting of market prices for carcases); e Article 4(1) of the Commission Implementing Regulation (making and keeping reports for on-the-spot checks). 2 The Department is responsible for- a authorisation of automated grading methods for pig carcases as described in Article 11 of the Commission Delegated Regulation; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c on-the-spot checks as described in Articles 2 and 3 of the Commission Implementing Regulation. Authorised grading methods 15 1 The classification of pig carcases must be carried out at an approved slaughterhouse— a using an authorised grading method provided for in Article 11 of the Commission Delegated Regulation; and b using grading techniques provided for in Article 11 of the Commission Delegated Regulation which are operated by qualified personnel. 2 In this regulation, “ qualified personnel ” means any person who is using a grading technique provided for in Article 11 of the Commission Delegated Regulation and who is proficient in the use of that technique. Records instead of marking 16 An operator or the person responsible for the classification of pig carcases may, instead of marking a carcase in accordance with the assimilated pig provisions set out in Part 2 of Schedule 2, draw up a record for that carcase which comprises at least — a the individual identification of the carcase by any unalterable means; b the warm weight of the carcase; and c the result of the classification. Records: pig carcases 17 1 An operator of an approved slaughterhouse must keep a record of the particulars specified in Schedule 4 relating to each pig carcase which is classified in that slaughterhouse. 2 The operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates. PART 5 ENFORCEMENT AND OFFENCES Notices 18 1 Any notice required or authorised under these Regulations to be given to any person must be in writing. 2 Any such notice may be given by— a delivering it to the person; b leaving it at the person's proper address; or c sending it by post to the person at that address. 3 Where any such notice is to be given to a body corporate, it may be given to an officer of the body. 4 For the purpose of this regulation, the proper address of any person to whom a notice is to be given is the person's last known address, except that in the case of a body corporate or an officer of the body, the proper address is the address of the registered or principal office of the body. 5 In this regulation— “ director ”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate; and “ officer ”, in relation to a body corporate, means any director, manager, secretary or other similar officer of the body corporate. Powers of entry 19 1 An authorised officer may at any reasonable hour and on producing, if so required, a duly authenticated authorisation, enter an approved slaughterhouse and any associated premises in which carcases may be handled or records relating to those carcases may be kept, for the purpose of ascertaining whether— a any offence under these Regulations is being or has been committed on the premises; or b there is on the premises any evidence of any such offence. 2 The authorised officer may be accompanied by such other persons as the authorised officer considers necessary. 3 If a lay magistrate, on sworn information in writing, is satisfied that there is reasonable ground for entry into premises for any purpose in paragraph (1) and that either — a admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the operator; or b an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the operator temporarily absent, the lay magistrate may by signed warrant authorise an authorised officer to enter the premises, if need be by reasonable force. 4 A warrant granted under this regulation continues in force for three months. 5 An officer who enters any unoccupied premises, or premises from which the operator is temporarily absent, must leave them as effectively secured against unauthorised entry as they were before entry. Powers of authorised officers 20 An authorised officer entering premises under these Regulations may— a inspect any bovine carcase or pig carcase or part of such a carcase, or any carcase or part of a carcase which the officer reasonably suspects to be a bovine or pig carcase or part of such a carcase; b examine any record which an operator is required to keep under regulation 8, 12, 16 or 17 or under the Commission Delegated Regulation or the Commission Implementing Regulation, and where any such record is kept by means of a computer, have access to and inspect and check the operation of any computer and associated apparatus or material which is or has been in use in connection with that record; c require that copies of or extracts from any such record be produced and, where such record is kept by means of a computer, require it to be produced in a form in which it may be taken away; and d retain any such record which the authorised officer has reason to believe may be required as evidence in proceedings under these Regulations. Enforcement notices 21 1 If the Department has reason to believe that a person has committed an offence under these Regulations, the Department may give that person an enforcement notice in accordance with paragraph (2). 2 An enforcement notice must— a state the Department's grounds for believing that an offence has been committed; b specify the matter that constitutes the offence; c specify what that person must stop doing, or the measures that, in the Department's opinion, the person must take in order to comply with these Regulations; d require the person to stop doing the action specified in the notice, or to take the measures specified in the notice or measures at least equivalent to them, within the period (being not less than 14 days) specified in the notice; e inform the person of the right of appeal conferred by regulation 22; and f inform the person of the period within with such an appeal may be brought. 3 Any person who contravenes or fails to comply with an enforcement notice is guilty of an offence. Appeals against enforcement notices 22 1 A person may appeal to a magistrates' court against an enforcement notice if that person has reason to believe that the notice should not have been given. 2 A person may appeal within 21 days beginning with the date on which the notice was given. 3 The procedure is by way of complaint for an order; and the Magistrates' Court (Northern Ireland) Order 1981 applies to the proceedings. 4 On an appeal the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court thinks fit. Offences: assimilated beef provisions 23 1 Any person who— a fails to comply with any requirement under an assimilated beef provision, or b contravenes any prohibition contained in an assimilated beef provision, is guilty of an offence. 2 But where an operator or the person responsible for the classification of bovine carcases draws up a record in compliance with the conditions referred to in regulation 8 (records instead of marking) no offence is committed by failure to comply with or contravening the Part 2 assimilated beef provisions. 3 In this regulation, “ Part 2 assimilated beef provision ” means a provision which is specified in column 2 of Part 2 of Schedule 1. Offences: assimilated pig provision 24 1 Any person who— a fails to comply with any requirement under an assimilated pig provision, or b contravenes any prohibition contained in an assimilated pig provision, is guilty of an offence. 2 But where an operator or the person responsible for the classification of pig carcases draws up a record in compliance with the conditions referred to in regulation 16 (records instead of marking) no offence is committed by failure to comply with or contravening the Part 2 assimilated pig provisions. 3 In this regulation, “ Part 2 r assimilated pig provision ” means a provision which is specified in column 2 of Part 2 of Schedule 2. Offences: notifications by operators 25 Any person who fails to comply with any requirement of regulation 5 (notification by operators) is guilty of an offence. Offences: licences (bovine carcases) 26 1 If classification of a bovine carcase is carried out at an approved slaughterhouse— a without a licence granted under regulation 9, or b in breach of any term or condition of such a licence, the person who carries out the classification and the operator of that slaughterhouse are each guilty of an offence. 2 If classification of a bovine carcase is carried out at an approved slaughterhouse by means of automated grading equipment— a without a licence granted under regulation 10 for the use of that equipment at that slaughterhouse, or b in breach of any terms or condition of such a licence, the person who carries out that classification and the operator of that slaughterhouse are each guilty of an offence. 3 Any person who makes an alteration to a licence granted under regulation 9 or 10 is guilty of an offence. Offences: authorised grading methods (pig carcases) 27 If classification of a pig carcase is carried out at an approved slaughterhouse using a grading method or grading technique in a manner which fails to comply with the requirements of regulation 15, the person who carries out the classification and the operator of that slaughterhouse are each guilty of an offence. Offences: records and marks 28 1 Any person who fails to comply with any requirement of regulation 12 (records: bovine carcases) or regulation 17 (records: pig carcases) is guilty of an offence. 2 Any person who marks a bovine carcase or part of such a carcase— a as prescribed by Article 8(1), (2)(a), (3)(a) (read with the second paragraph of Article 8(3)), (4) and (5) of the Commission Delegated Regulation, or b in a way closely resembling the marking prescribed by those provisions, which is likely to mislead, is guilty of an offence. 3 Any person who marks a pig carcase or part of such a carcase— a as prescribed by Article 8(1), (2)(b), (3)(c) (read with the second paragraph of Article 8(3)), (4) and (5) of the Commission Delegated Regulation, or b in a way closely resembling the marking prescribed by those provisions, which is likely to mislead, is guilty of an offence. Offences: obstruction etc. 29 Any person who— a without reasonable excuse, obstructs any person acting under these Regulations, b without reasonable cause, fails to give any person acting under these Regulations any assistance or information that that person may reasonably require for the purpose of carrying out functions under these Regulations, c gives any person acting under these Regulations any information knowing it to be false or misleading, or d fails to produce any document or record when required to do so by any person acting under these Regulation, is guilty of an offence. Period for bringing prosecution 30 1 Proceedings for an offence under regulations 21(3), 23, 24, 25, 26, 27, 28(1) or 29 may be brought within a period of 12 months from the date on which the prosecutor first knows of evidence sufficient, in the prosecutor's opinion, to justify proceedings. 2 But no such proceedings may be brought more than 18 months from the commission of the offence. 3 For the purposes of paragraph (1)— a a certificate signed by or on behalf of the prosecutor and stating the date on which the prosecutor first knew of evidence sufficient to justify the proceedings is conclusive evidence of that fact; b a certificate stating the matter and purporting to be so signed is deemed to be so signed unless the contrary is proved. Offences by bodies corporate 31 1 If an offence under these Regulations committed by a body corporate is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer, that officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly. 2 If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member's functions of management as if that member were a director of the body. 3 In this regulation, “ officer ”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity. Defence of due diligence 32 It is a defence for a person charged with an offence under these Regulations to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by them or by a person under their control. Offences: penalties 33 1 A person guilty of an offence under— a regulation 21(3) (enforcement notices), b regulation 23 ( assimilated beef provisions), c regulation 24 ( assimilated pig provisions), d regulation 25 (notifications by operators), e regulation 26 (licences (bovine carcases)), f regulation 27 (authorised grading methods: (pig carcases)), g regulation 28(1) (records), or h regulation 29 (obstruction etc.) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 2 A person guilty of an offence under regulation 28(2) or (3) (misleading marks etc.) is liable— a on summary conviction to a fine not exceeding the statutory maximum; or b on conviction on indictment, to a fine. Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 19th December 2018. Colette McMaster A Senior Officer of the Department of Agriculture, Environment and Rural Affairs