Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999

Requirements imposed on the operator of an establishment approved under regulation 10(3)

11.—(1) The operator of an establishment approved under regulation 10(3) shall ensure that—

(a) any person employed by him, and any person invited to the establishment, complies with the requirements of these Regulations relating to the approval of the establishment;

(b) each stage of the slaughter of any bovine animal at the slaughterhouse—

(i) takes place under official supervision; and

(ii) complies with the requirements for the methods of operation of column (1) of Schedule 1 in accordance with the determination made by the Department under regulation 10(3)(d) as to the application of those requirements to the slaughterhouse;

(c) each stage of the preparation of any DBES goods or ECHS goods at the slaughterhouse complies with the requirements of the methods of operation for the preparation of such goods set out in column (1) of Schedule 2 in accordance with the determination made by the Department under regulation 10(3)(e)(ii) as to the application of those requirements to the slaughterhouse; and

(d) any inspector, and any person acting under the responsibility of an inspector, is provided with adequate facilities so as to enable him to carry out his functions under these Regulations in relation to the establishment and that he is given such reasonable assistance and access to such records (including any records held in electronic form) as he may at any reasonable time require for the purpose.

(2) The operator of an establishment approved under regulation 10(3) shall ensure that all DBES goods and ECHS goods prepared there, other than such goods destined for placing on the market in the United Kingdom or food for domestic carnivores (whether or not destined for placing on the market in the United Kingdom), are marked or labelled with an additional mark—

(a) in the case of fresh meat derived from an animal slaughtered at the establishment, immediately after the meat has been passed fit for human consumption following post-mortem inspection under the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997; and

(b) in the case of any other DBES goods or ECHS goods, before a relevant despatch of the goods from the establishment.

(3) In paragraph (2)(b), a “relevant despatch” of goods is—

(a) a despatch of the goods from the establishment for the purposes of a despatch of the goods from Northern Ireland to a member State or a third country;

(b) a despatch of the goods from the establishment to any establishment approved under these Regulations for the purpose of a despatch of the goods from that establishment or subsequently from any other establishment, from Great Britain to a member State or a third country; or

(c) a despatch of the goods from the establishment to any export dedicated establishment, whether or not for the purposes of despatch from that establishment or subsequently from any other such establishment, from Great Britain to a member State or third country.

(4) The operator of an establishment approved under regulation 10(3) shall not mark any goods with an additional mark other that those required to be so marked under paragraph (2).

(5) A person, other than a veterinary inspector or a person acting under his responsibility, shall not—

(a) apply any additional mark to any goods; or

(b) possess or use the instruments or labels intended to be used in connection with any additional mark.

(6) A person shall not produce, modify, store, sell or otherwise offer, expose or advertise for sale or supply, or deposit with or consign to, any other person for the purposes of sale or supply—

(a) an instrument intended for the application of any additional mark;

(b) any label or packaging bearing any additional mark; or

(c) an official seal,

except in accordance with the instructions of a veterinary inspector.

(7) The operator of an establishment approved under regulation 10(3) shall ensure that at any time an instrument, label, packaging or official seal referred to in paragraph (6) is delivered to him or to the establishment, or otherwise to his order, he notifies a veterinary inspector of the fact with a view to enabling the inspector, or a person acting under the inspector’s responsibility—

(a) to put the instrument, label, packaging or seal into a store at the establishment maintained under the responsibility of the inspector; or

(b) in the case of an instrument, label or packaging to give instructions for the use thereof at the establishment in connection with any additional mark.

(8) The operator of an establishment approved under regulation 10(3) shall ensure, in respect of any DBES goods or ECHS goods prepared there which are destined for placing on the market in the United Kingdom and which bear the additional mark, that the mark is removed or cancelled at whichever of the following times is the first to occur, that is to say—

(a) the time when, for any reason other than the removal of the additional mark, the goods ceased to be eligible for despatch from Northern Ireland to a member State or third country in accordance with these Regulations; or

(b) the time when the goods leave the establishment.

(9) If a bovine animal is slaughtered at an establishment in contravention of any of the requirements of these Regulations and the operator of the establishment becomes aware of the contravention before the carcase of the animal or any meat or product derived from the carcase at the establishment, has been consigned from the establishment for the purposes of despatch abroad, the operators shall ensure that the carcase, meat or product is not so consigned.

(10) If a bovine animal is slaughtered at an establishment in contravention of any of the requirements of these Regulations and the carcase of the animal or any meat or product derived from the carcase at the establishment has already been consigned from the establishment by the time the operator of the establishment becomes aware of the contravention, the operator, immediately after he has become aware of that contravention, shall—

(a) notify an inspector;

(b) take such further action as the inspector may require—

(i) for the purpose of preventing the despatch abroad of the carcase or any such meat or product; or

(ii) where the carcase or any such meat or product has already been despatched abroad, for the purpose of enabling the competent authority of the place of destination to take the measures referred to in paragraph 4 of Annex III to the Council Decision.

(11) The operator of an establishment approved under regulation 10(3) shall give the Department written notice of, and shall obtain its agreement to, any material change he intends to make to any facilities, processes or methods of operation used at the establishment in relation to the slaughter of DBES eligible animals or ECHS animals, before making such a change.