The Meat Products (Hygiene) Regulations 1994

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Food Safety Act 1990;

“ambient store” means any premises, not being part of approved meat products premises, which store unpackaged meat products under non-refrigerated conditions;

“approval” means approval under these Regulations and “approved” has a corresponding meaning;

“approval authority” means—

(a)

in relation to combined premises, the Minister; and

(b)

in relation to other premises, the food authority in whose area they are situated;

“authorised officer”, in relation to an enforcement authority, means any person who is authorised by the authority in writing, either generally or specially, to act in matters arising under these Regulations;

“batch” means a quantity of a meat product which is covered by the same accompanying commercial document or health certificate;

“the Bovine Offal Regulations” means—

(a)

the Bovine Offal (Prohibition) Regulations 1989(1); and

(b)

the Bovine Offal (Prohibition) (Scotland) Regulations 1990(2);

“the British EC health mark” means the British EC health mark described in paragraph 1 of Part VI of Schedule 2;

“the British national health mark” means the British national health mark described in paragraph 2 of Part VI of Schedule 2;

“cold store” means any premises, not being part of approved meat products premises, which store unpackaged meat products under refrigerated conditions;

“cold treatment” means treatment by refrigeration;

“combined premises” means—

(a)

premises where meat processing operations are carried on and which share a common curtilage with a slaughterhouse;

(b)

any licensed cold store which stores both fresh meat and meat products;

“contravention” in relation to any provision of these Regulations includes a failure to comply with that provision;

“curing” means the distribution of salts throughout the product;

“drying” means natural or artificial reduction of the water content;

“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 but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein (and accordingly includes—

(a)

any State that was a member State of the European Community before that Agreement; and

(b)

any other State which is a Contracting Party to the Agreement, whether or not it becomes such a member State);

“EC health mark”, in relation to meat, means a health mark required by any of the meat Directives;

“enforcement authority” is to be construed in accordance with regulation 19 below;

“establishment” means an establishment handling or storing any type of meat products or other products of animal origin;

“final consumer” means a person who buys meat products or other products of animal origin—

(a)

for his own consumption;

(b)

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

(c)

for direct transport to premises used for handling or storing meat products 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 a ready-cooked take-away meat product for consumption off those premises;

“food authority” includes a port health authority;

“the Food Labelling Regulations” means the Food Labelling Regulations 1984(3) and the Food Labelling (Scotland) Regulations 1984(4);

“handling” means manufacturing, preparing, processing, packaging, wrapping, and rewrapping and “handled” has a corresponding meaning;

“heating” means the use of dry or damp heat;

“hermetically sealed container” means a container which is airtight and intended to protect the contents against the entry of micro-organisms after heat treatment;

“the Hygiene Regulations” means—

(a)

the Fresh Meat (Hygiene and Inspection) Regulations 1992(5); and

(b)

the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1994(6);

“industrial meat products premises” means meat products premises whose production exceeds 7.5 tonnes of finished meat products per week or 1 tonne per week in the case of premises producing foie gras, or a lower level of production where a special hygiene direction is given;

“licensed” means licensed under the Hygiene Regulations;

“maturing” means any treatment of salted raw meat which in the course of a slow and gradual reduction of humidity is capable of generating natural fermentation or enzymatic processes, involving changes over a period of time which give the product typical organoleptic characteristics and ensure its preservation and wholesomeness at normal ambient temperature;

“meat” means—

(a)

meat as defined in—

(i)

article 2(a) of Directive 64/433/EEC(7);

(ii)

article 2 of Directive 71/118/EEC(8);

(iii)

article 2 of Directive 72/461/EEC(9);

(iv)

article 2 of Directive 72/462/EEC(10);

(v)

article 2 of Directive 88/657/EEC(11);

(vi)

article 2(1) and (2) of Directive 91/495/EEC(12);

(vii)

article 2(1)(d) of Directive 92/45/EEC(13); and

(b)

minced meat and meat preparations falling within the definition of “meat” in regulation 2(1) of the Food Hygiene (General) Regulations 1970(14) and regulation 2(1) of the Food Hygiene (Scotland) Regulations 1959(15);

“meat-based prepared meal” means a wrapped meat product (excluding sandwiches or products made with pastry, pasta or dough) in which meat has been mixed with other foodstuffs before, during or after cooking and requires refrigeration for preservation;

“the meat Directives” means the Directives mentioned in the definition of “meat” in this regulation;

“meat preparations” means preparations made wholly or partly from meat or minced meat (but excludes meat which has undergone only cold treatment) which—

(a)

have undergone a treatment other than one specified in these Regulations for meat products; or

(b)

have been prepared by the addition of foodstuffs, seasonings or additives; or

(c)

have undergone a combination of the above;

“meat products” means products for human consumption prepared from or with meat which has undergone treatment such that the cut surface shows that the product no longer has the characteristics of fresh meat, but not—

(a)

meat which has undergone only cold treatment;

(b)

minced meat;

(c)

mechanically recovered meat;

(d)

meat preparations;

“the Meat Products etc. Regulations” means—

(a)

the Meat Products and Spreadable Fish Products Regulations 1984(16); and

(b)

the Meat Products and Spreadable Fish Products (Scotland) Regulations 1984(17);

“meat products premises” means any industrial or non-industrial premises handling or storing meat products;

“non-industrial meat products premises” means meat products premises whose production does not exceed 7.5 tonnes of finished meat products per week or 1 tonne per week in the case of premises producing foie gras, or a lower level of production where a special hygiene direction is given;

“occupier” means a person carrying on the business of producing, handling or storing meat products or other products of animal origin;

“other products of animal origin” means the following products intended for human consumption—

(a)

meat extracts;

(b)

rendered animal fat: fat derived from rendering meat, including bones;

(c)

greaves: the protein-containing residue of rendering, after partial separation of fat and water;

(d)

meat powder, powdered rind, salted or dried blood, salted or dried blood plasma;

(e)

stomachs, bladders and intestines, cleaned, salted or dried, and/or heated;

“packaging”, in relation to meat products or other products of animal origin, means the placing of one or more of such wrapped or unwrapped products in a container, as well as the container itself;

“potable water” means water within the meaning of Directive 80/778/EEC(18) on the quality of water intended for human consumption;

“prepared food” means any food, intended for human consumption, not being a meat product or other product of animal origin or a meat-based prepared meal which is handled in an establishment;

“prohibited parts” means—

(a)

genital organs of female or male animals, except testicles;

(b)

urinary organs, except the kidneys and the bladder;

(c)

the cartilage of the larynx, the trachea and the extralobular bronchi;

(d)

eyes and eyelids;

(e)

the external, auditory meatus;

(f)

orneous tissues;

(g)

in poultry, the head (except the comb and the ears, the wattles and caruncles) the oesophagus, the crop, the intestines and the genital organs;

“raw material” means any animal product used as an ingredient in meat products or other products of animal origin, or used in the preparation of prepared food;

“relevant EEA State” means an EEA State other than Iceland;

“rewrapping centre” means premises where any of the following operations is carried out—

(a)

meat products are unwrapped, sliced or cut and subsequently rewrapped prior to desptach;

(b)

unpackaged meat products from different establishments are assembled into batches for despatch,

and “rewrapped”, in relation to meat products, has a corresponding meaning;

“salting” means use of salt;

“slaughterhouse” means a licensed slaughterhouse;

“small percentage of meat” means 10% or less by weight of the raw meat used as a proportion of the weight of the final product;

“special hygiene direction” means a direction given by an enforcement authority for hygiene reasons at particular premises;

“third country” means a country which is not a relevant EEA State;

“treatment” means any chemical or physical process such as heating, smoking, salting, marinating, curing or drying, intended to preserve meat or animal products whether or not associated with other foodstuffs, or a combination of these various processes;

“wrapping”, in relation to meat products or other products of animal origin, means the protection of those products by the use of an initial wrapping or initial container in direct contact with the product concerned as well as the initial wrapper or initial container itself.

(2) 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.

(1)

S.I. 1989/2061, amended by S.I. 1990/2486, 1992/306, 1994/2628.

(2)

S.I. 1990/112, amended by S.I. 1990/2625, 1992/158, 1994/2544.

(3)

S.I. 1984/1306; relevant amending instrument is S.I. 1990/2488.

(4)

S.I. 1984/1519; relevant amending instrument is S.I. 1990/2506.

(5)

S.I. 1992/2037.

(6)

S.I. 1994/1029.

(7)

Directive 64/433/EEC has been amended and consolidated by Directive 91/497/EEC (OJ No. L268, 24.9.91, p.69).

(8)

OJ No. L55, 8.3.71, p.23, amended and replaced by Council Directive 92/116/EEC (OJ No. L62, 15.3.93, p.1).

(9)

OJ No. L302, 31.12.72, p.24 (OJ/SE 1972 (31 December) p.3).

(10)

OJ No. L302, 31.12.72, p.28 (OJ/SE 1972 (31 December) p.7).

(11)

OJ No. L382, 31.12.88, p.3.

(12)

OJ No. L268, 24.9.91, p.41.

(13)

OJ No. L268, 14.9.92, p.35.

(14)

S.I. 1970/1172, to which there are amendments not relevant to these Regulations.

(15)

S.I. 1959/413, to which there are amendments not relevant to these Regulations.

(16)

S.I. 1984/1566, relevant amending instruments are S.I. 1985/987, 1990/2486, 1991/1476.

(17)

S.I. 1984/1714, relevant amending instruments are S.I. 1986/1288, 1990/2625, 1991/1476.

(18)

OJ No. L229, 30.8.80, p.11.