The Meat (Official Controls Charges) Regulations (Northern Ireland) 2009

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InterpretationN.I.

2.—(1) In these Regulations —

“accounting period” means a period of less than a year determined by the Agency;

“the Agency” means the Food Standards Agency;

“audit” has the meaning given to it in [F1Article 3 (30) of Regulation 2017/625] ;

“controls” means those official controls performed by the Agency—

(a)

pursuant to [F2Regulation 2017/625, Regulation 2019/624 and Regulation 2019/627] , at slaughterhouses, game-handling establishments and cutting plants, for the verification of compliance with the provisions of Regulation 853/2004 in so far as they apply in relation to meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game and meat of wild game;

(b)

[F3pursuant to [F4Regulation 2017/625, Regulation 2019/624 and Regulation 2019/627] ,] at slaughterhouses, for the verification of compliance with the provisions of [F5Council Regulation (EC) No 1099/2009 and the Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014] (1) in so far as they apply in relation to animals slaughtered there for human consumption;

(c)

in relation to domestic ungulates slaughtered outside the slaughterhouse, pursuant to Chapter VI of Section I of Annex III to Regulation 853/2004;

(d)

in relation to poultry slaughtered on farm, pursuant to Chapter VI of Section II of Annex III to Regulation 853/2004; and

(e)

in relation to—

(i)

farmed ratites,

(ii)

farmed game mammals of the family Cervidae or the family Suidae,or

(iii)

bison,

slaughtered at the place of origin, pursuant to Section III of Annex III to Regulation 853/2004;

[F6“cutting plant” means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which is approved or conditionally approved under Article 148 of Regulation 2017/625;]

“cutting up” has the meaning that it bears in Regulation 853/2004 and “cut up” shall be construed accordingly;

[F7“Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2015/1375”, “Regulation 2017/185”, “Regulation 2017/625”, “Regulation 2019/624” and “Regulation 2019/627” have the meanings respectively given to them in Schedule 1;]

“domestic ungulates” has the meaning given to it in point 1.2 of Annex I to Regulation 853/2004;

“establishment” has the meaning given to it in Article 2.1(c) of Regulation 852/2004;

“farmed game” has the meaning given to it in point 1.6 of Annex I to Regulation 853/2004;

“food business operator” has the meaning given to it in Article 3.3 of Regulation 178/2002;

“fresh meat” has the meaning given to it in point 1.10 of Annex I to Regulation 853/2004;

“game” has the meaning that it bears in Regulation 853/2004;

[F8“game-handling establishment” means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which is approved or conditionally approved under Article 148 of Regulation 2017/625;]

“game meat” has the meaning that it bears in Regulation 853/2004;

“inspector” means an official veterinarian, an official auxiliary or any other person appointed by the Agency for the purpose of performing controls;

“lagomorphs” has the meaning given to it in point 1.4 of Annex I to Regulation 853/2004;

“meat” has the meaning given to it in point 1.1 of Annex I to Regulation 853/2004;

“official auxiliary” has the meaning given to it in [F9Article 3 (49) of Regulation 2017/625] ;

“official controls” shall be construed in accordance with the definition of “official control” in [F10Article 2(1) of Regulation 2017/625] ;

“official controls charge” means the charge calculated in accordance with Schedule 2 and notified in accordance with regulation 3(1), (2) or (3);

“official veterinarian” has the meaning given to it in [F11Article 3 (32) of Regulation 2017/625] ;

“operator” means a food business operator who is carrying on a food business at any premises, or his duly authorised representative;

“place of origin” has the meaning that it bears in point 3 of Section III of Annex III to Regulation 853/2004;

“placing on the market” has the meaning given to it in Article 3.8 of Regulation 178/2002;

“poultry” has the meaning given to it in point 1.3 of Annex I to Regulation 853/2004;

“premises” means any slaughterhouse, game–handling establishment, cutting plant, place that is outside the slaughterhouse for the purposes of Chapter VI of Section I of Annex III to Regulation 853/2004, farm or place of origin;

[F12“slaughterhouse” means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which is approved or conditionally approved under Article 148 of Regulation 2017/625;]

“time costs” means, in relation to any establishment for any accounting period, the costs calculated in accordance with paragraphs 7 to 9 of Schedule 2;

“verification” means checking, by examination and provision of objective evidence; and

“wild game” has the meaning given to it in point 1.5 of Annex I to Regulation 853/2004.

(2) In these Regulations, any reference to a Community instrument defined in Schedule 1 is a reference to that instrument as amended from time to time.

(3) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Textual Amendments

F1Words in reg. 2(1) substituted (14.12.2019) by The Meat (Official Controls Charges) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/219), regs. 1, 3(a)

F2Words in reg. 2(1)(a) substituted (14.12.2019) by The Meat (Official Controls Charges) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/219), regs. 1, 3(b)(i)

F3Words in reg. 2(1)(b) inserted (21.5.2014) by The Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014 (S.R. 2014/107), regs. 1, 35, Sch. 6 para. 2(2)(a)

F4Words in reg. 2(1)(b) substituted (14.12.2019) by The Meat (Official Controls Charges) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/219), regs. 1, 3(b)(ii)

F5Words in reg. 2(1)(b) substituted (21.5.2014) by The Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014 (S.R. 2014/107), regs. 1, 35, Sch. 6 para. 2(2)(b)

F6Words in reg. 2(1) substituted (14.12.2019) by The Meat (Official Controls Charges) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/219), regs. 1, 3(c)

F7Words in reg. 2(1) substituted (14.12.2019) by The Meat (Official Controls Charges) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/219), regs. 1, 3(d)

F8Words in reg. 2(1) substituted (14.12.2019) by The Meat (Official Controls Charges) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/219), regs. 1, 3(e)

F9Words in reg. 2(1) substituted (14.12.2019) by The Meat (Official Controls Charges) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/219), regs. 1, 3(f)

F10Words in reg. 2(1) substituted (14.12.2019) by The Meat (Official Controls Charges) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/219), regs. 1, 3(g)