AGRICULTURE Citation, extent, commencement and interpretation 1 1 These Regulations, which extend to Great Britain, may be cited as the Fresh Meat (Import Conditions) Regulations 1996 and shall come into force on 1st January 1997. 2 Unless the context otherwise requires, in these Regulations— “animal health and certification decision” means any decision under the third countries Directive specified in Schedule 1 concerning animal health conditions and veterinary certificates for imports of fresh meat from specified States; “approved establishment decision” means any decision under the third countries Directive specified in Schedule 2 on lists of establishments in specified States approved for the importation of fresh meat or, where indicated in Part II of that Schedule, of certain categories of fresh meat; “border inspection post” has the meaning given by Article 2(2)(g) of Council Directive 90/675/ EEC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, as amended by Council Regulation EEC No. 1601/92 ; “ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as amended by the Protocol signed at Brussels on 17th March 1993; “EEA State” means a State which is a Contracting Party to the EEA Agreement; “free zone” and “free warehouse” have the meaning given by Article 1(2) of the Products of Animal Origin Regulations ; “the fresh meat Directive” means Council Directive 64/433/EEC on health conditions for the production and marketing of fresh meat, set out in the Annex to Council Directive 91/497/EEC and amended by Council Directive 92/5/EEC ; “the licensing Order ” means the Importation of Animal Products and Poultry Products Order 1980 ; “non-importation decision” means a decision specified in Schedule 3; “the Products of Animal Origin Regulations” means the Products of Animal Origin (Import and Export) Regulations 1996 ; “relevant animal health and certification decision” means, in relation to a State specified in any paragraph of Schedule 1, the animal health and certification decision specified in that paragraph; “relevant approved establishments decision” means, in relation to a State specified in any paragraph of Schedule 2, the approved establishments decision specified in that paragraph; “relevant EEA State” means an EEA State other than Iceland; “samples” means fresh meat imported into Great Britain for exhibition, special studies or analysis; “special importation requirement” means any requirement, relating to a region or State referred to in Schedule 4, which is indicated in the paragraph of that Schedule relating to that region or State; “the third countries Directive” means Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries, as amended by the provisions listed in paragraph 1 of Schedule 5; “third country” means a State which is not a relevant EEA State; and “the third country list” means the list in the Annex to Council Decision 79/542/ EEC drawing up a list of third countries from which the member States authorise imports of bovine and porcine animals, equidae, sheep and goats, fresh meat and meat products, which Annex was replaced by the Annex to Commission Decision 93/435/EEC and has since been amended by the provisions listed in paragraph 2 of Schedule 5. 3 Except in so far as the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations. 4 Unless the context otherwise requires, expressions used in these Regulations and in the fresh meat Directive have the same meaning in these Regulations as in that Directive. 5 The following expressions, in particular, are defined in Article 1 of the fresh meat Directive— a “meat” and “fresh meat”; and b “wrapping” and “packaging”. 6 Any reference in these Regulations to an instrument relating to the European Community or the European Economic Area is a reference to it as amended, modified or otherwise affected by any other such instrument; in particular all the Directives referred to in these Regulations have been adapted by the Act of Accession to the European Union of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden . Fresh meat to which the Regulations apply 2 Subject to regulations 3, 4, 5, and 10, these Regulations apply to fresh meat intended for human consumption. Fresh meat for crew and passengers on board means of transport operating internationally 3 1 Subject to paragraph (2) below, these Regulations do not apply to fresh meat which is for consumption by the crew or passengers on board means of transport operating internationally. 2 Where such fresh meat, including kitchen waste, is unloaded, it shall be destroyed, except where such unloading is solely for the purpose of transferring such fresh meat, directly or after being placed under customs supervision, from one means of transport to another. Personal imports 4 These Regulations do not apply to imports of fresh meat— a forming part of a traveller’s personal luggage and intended for his personal consumption; or b sent as small packages on a non-commercial basis, provided that the fresh meat so imported comes from a third country, or part thereof, listed in Schedule 1 and the quantity does not exceed 1kg. Fresh meat imported under authorisation, or for international organisations or visiting forces 5 In relation to the following regulation 9(1)(c), (d) and (e) shall not apply— a fresh meat imported with the authorisation of the country of destination for uses other than human consumption; b fresh meat which is intended exclusively for the supply of international organisations; and c fresh meat which is intended exclusively for consumption by members of a visiting force or their dependants (as defined in section 11 of the Visiting Forces Act 1952 ). Transhipment and storage of fresh meat consigned to a relevant EEA State from a third country 6 Fresh meat consigned to a relevant EEA State from a third country may be transhipped through, and stored in, Great Britain, provided that— a it complies with the conditions of the State to which it is consigned; b it is not unloaded in Great Britain or is unloaded at a border inspection post in Great Britain; and c during its time in Great Britain it is never outside a border inspection post, free zone or free warehouse except during any journey from one such place to another. Fresh meat subject to a non-importation decision 7 No person may import into Great Britain any fresh meat to which a non-importation Decision applies. Fresh meat originating in a relevant EEA State 8 No person may import into Great Britain fresh meat which originated in a relevant EEA State other than the United Kingdom unless— a it has been obtained in accordance with Articles 3, 4 and 8a of Council Directive 72/461/EEC , as amended by the provisions listed in paragraph 3 of Schedule 5, on health problems affecting intra-Community trade in fresh meat; b subject to regulation 10, it has been obtained from animals slaughtered in an establishment on a list of approved establishments drawn up by a relevant EEA State under Article 10 of the fresh meat Directive; and c any special importation requirement is satisfied. Fresh meat originating in a third country 9 1 No person may import into Great Britain fresh meat which originates in a third country unless— a it is derived from animals which have remained for at least three months before slaughter, or since birth if they were less than three months old at slaughter, in a third country on the third country list from which imports of fresh meat of the species concerned are indicated as “authorised” on that list; b it has been obtained in accordance with the animal health requirements set out in Article 14(2) and (3) of the third countries Directive and in the relevant animal health and certification decision; c in the case of half carcases, half carcases cut into no more than three cuts, quarters or offal— i the requirements of Chapters VI to VIII , XIV and XV of the fresh meat Directive are satisfied; and ii it is derived from animals slaughtered in an establishment on a list in the relevant approved establishments decision; d in the case of cuts smaller than quarters, boned meat, or offal, or sliced livers of bovine animals— i the requirements of Chapters VI to X, XII , XIV and XV of the fresh meat Directive are satisfied; and ii it is derived from carcases cut up in an establishment on a list in the relevant approved establishments decision; e it bears a health mark applied in accordance with Chapter XI of the fresh meat Directive which— i complies with paragraph 50 of that Chapter; or ii indicates in clearly legible form— aa the name of the country of origin in capitals, an abbreviation of its name or the International Organisation for Standardisation’s Code for the country as referred to in the third country list; and bb the veterinary approval number of the establishment from which it comes as assigned by the relevant approved establishments decision; f it is accompanied by— i documentation in accordance with Article 3(1)(A)(f) of the fresh meat Directive; or ii a public health certificate conforming to the model laid down in Annex A to the third countries Directive and an animal health certificate in accordance with the relevant animal health and certification decision; g any special importation requirement is satisfied; and h in the case of fresh meat derived from swine or solipeds, it has been examined or treated for trichinae in accordance with Council Directive 77/96/EEC on the examination for trichinae (trichinella spiralis) upon importation from third countries of fresh meat derived from domestic swine, as amended by the provisions listed in paragraph 4 of Schedule 5. 2 Paragraph (1)(c), (d) and (e) has effect subject to regulation 10. 3 No person may import into Great Britain fresh meat— a derived from boars or cryptorchid pigs; b derived from animals to which hormonal substances prohibited under Council Directive 81/602/EEC concerning the prohibition of certain substances having a hormonal action and of any substances having a thyrostatic action or Council Directive 88/146/EEC prohibiting the use in livestock farming of certain substances having a hormonal action have been administered; c which has been treated with ionising or ultra-violet radiation; d derived from animals to which tenderisers or other products likely to affect adversely the composition or organoleptic characteristics of the meat have been administered; e to which, for the purpose of health marking, any colouring matter other than those referred to in paragraph 58 of Chapter XI of Annex I to the fresh meat Directive has been added; f derived from animals which have been found— i to have any form of tuberculosis; ii to be carrying any cysticerci bovis or cysticerci cellulosae, whether live or dead; or iii in the case of swine, to have trichinae; g derived from animals slaughtered too young; or h in pieces of less than 100 grams. 4 No person shall import into Great Britain any mechanically recovered meat, or any blood, bovine head or any muscular or other tissue of a bovine head other than the tongue. Importation and treatment of samples and their packaging 10 1 Regulations 8(1)(b) and 9(1)(c), (d) and (e) above shall not apply to samples. 2 Samples shall be taken directly from the port or airport of entry to the address at which they are to be exhibited, studied or analysed. 3 Samples shall not be used for human consumption or sold. 4 All residues of the samples and all of their packaging shall be destroyed by incineration or by other means sufficient to destroy pathogenic agents. 5 It shall be the duty of the person having possession of the samples for the time being to comply with paragraph (2) above and to ensure that there is no contravention of paragraph (3) above. 6 It shall be the duty of the person having possession of the samples at the time of the completion or abandonment of the exhibition, special studies or analysis for which the samples were intended, to comply with paragraph (4) above. Certificates and other documents 11 A certificate or other document required for any of the purposes of these Regulations is invalid for that purpose unless— a it is in English and at least one of the official languages of the country of destination where this is a member State other than the United Kingdom; b it is original or, where the consignment has entered the European Community through a border inspection post, a copy provided and authenticated by the official veterinarian responsible for that border inspection post; c it consists of a single piece of paper; and d it is made out to a single consignee. Offences and penalties 12 A person contravening any provision of these Regulations shall be guilty of an offence and shall be liable— a on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding three months or both; and b on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both. Disapplication of the Imported Food Regulations and licensing Order 13 1 The Imported Food Regulations 1984 and the Imported Food (Scotland) Regulations 1985 shall not apply to fresh meat to which these Regulations apply. 2 The licensing Order shall not apply to fresh meat to which these Regulations apply. 3 The licensing Order shall not apply to samples other than those coming from a third country. Application of the Products of Animal Origin Regulations 14 1 The Products of Animal Origin Regulations shall apply to imports of fresh meat subject to the following provisions of this regulation. 2 Regulation 5 of the Products of Animal Origin Regulations shall be construed as if the conditions of import in regulation 9 of these Regulations (fresh meat originating in a third country) formal part of the checking and certification required to be carried out by local authorities. 3 Regulation 13 of the Products of Animal Origin Regulations shall be construed as if the conditions of import in regulation 8 of these Regulations (fresh meat originating in a relevant EEA State) were health conditions. 4 Regulation 25(2) of the Products of Animal Origin Regulations shall be construed as if the conditions of import in regulation 9 of these Regulations (fresh meat originating in a third country) were health conditions. Angela Browning Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food 10th December 1996 Lindsay Parliamentary Under Secretary of State, Scottish Office 11th December 1996