The Meat (Official Controls) (Charges) (Wales) Regulations 2005

Interpretation

2.—(1) In these Regulations—

“accounting period” (“cyfnod cyfrifyddu”) means a period of less than a year determined by the Agency;

“the Agency” (“yr Asiantaeth”) means the Food Standards Agency;

“agreed slaughterhouse staff costs” (“costau staff lladd-dy a gytunwyd”) means, in respect of any slaughterhouse at which poultry or lagomorphs are slaughtered—

(a)

the proportion (expressed as a sum of money) of the salaries (including overtime payments and employers' National Insurance contributions and superannuation contributions) paid to the staff at that slaughterhouse in respect of an accounting period that the Agency and the operator of the slaughterhouse agree as being attributable to any such staff assisting with official controls by carrying out certain tasks there during that period under Article 5.6 of Regulation 854/2004; plus

(b)

25% of that sum;

“cutting plant” (“safle torri”) means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which—

(a)

is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or

(b)

(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 December 2005, operating as licensed cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations 1995(1) or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(2);

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

“Directive 2004/41” (“Cyfarwyddeb 2004/41”), “Regulation 178/2002” (“Rheoliad 178/2002”), “Regulation 852/2004” (“Rheoliad 852/2004”), “Regulation 853/2004” (“Rheoliad 853/2004”), “Regulation 854/2004” (“Rheoliad 854/2004”), “Regulation 882/2004” (“Rheoliad 882/2004”), “Regulation A” (“Rheoliad A”), “Regulation B” (“Rheoliad B”), “Regulation C” (“Rheoliad C”), “Regulation D” (“Rheoliad D”) and “Regulation E” (“Rheoliad E”) have the meanings respectively given to them in Schedule 1;

“employers' National Insurance contributions” (“cyfraniadau Yswiriant Gwladol cyflogwyr”) means those social security contributions for which employers are liable under Part I of the Social Security Contributions and Benefits Act 1992(3);

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

“food business operator” (“gweithredydd busnes bwyd”) has the meaning given to it in Regulation 178/2002;

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

“game” (“anifeiliaid hela”) has the meaning that it bears in Regulation 853/2004 and includes “farmed game”, “wild game”, “small wild game”, “large wild game” and “large wild game” as defined by that Regulation.

“game-handling establishment” (“sefydliad trin anifeiliaid hela”) means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which—

(a)

is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or

(b)

(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 December 2005, operating as a licensed wild game processing facility under the Wild Game Meat (Hygiene and Inspection) Regulations 1995(4);

“game meat” (“cig anifeiliaid hela”) has the meaning that it bears in Regulation 853/2004;

“lagomorph” (“lagomorff”) is construed in accordance with the definition of the term “lagomorphs” in point 1.4 of Annex I to Regulation 853/2004;

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

“official controls” (“rheolaethau swyddogol”) means the controls that the Agency performs under Regulation 854/2004 for the verification of compliance with—

(a)

Articles 3, 4.1(a), 5, 7 and (save insofar as it relates to minced meat and eggs) 8 of Regulation 854/2004; and

(b)

the requirements of the Welfare of Animals (Slaughter or Killing) Regulations 1995(5) insofar as such verification relates to the welfare of animals slaughtered for human consumption in slaughterhouses;

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

“operator” (“gweithredydd”) means a food business operator who is carrying on the business of a slaughter house, game-handling establishment or cutting plant or the operator’s duly authorised representative;

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

“placing on the market” (“rhoi ar y farchnad”) has the meaning given to it in Article 3.8 of Regulation 178/2002;

“premises” (“mangre”) means any slaughterhouse, cutting plant or game-handling establishment;

“slaughterhouse” (“lladd-dy”) means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which—

(a)

is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or

(b)

(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995; and

“verification” (“gwirhad”) means checking, by examination and the provision of objective evidence.

(1)

S.I. 1995/539, revoked with effect from 1st January 2006 by S.I. 2005/2059

(2)

S.I. 1995/540, revoked with effect from 1st January 2006 by S.I. 2005/2059.

(3)

1992 c. 4.

(4)

S.1. 1995/2148, revoked with effect from 1 January 2006 by S.I. 2005/3292 (W.252).

(5)

S.I. 1995/731.