The Animal By-Products (Enforcement) (Scotland) Regulations 2013

Staining S

11.—(1) This regulation applies to the operators of—

(a) slaughterhouses;

(b) cutting plants;

(c) game-handling establishments; and

(d) cold stores.

(2) In this regulation—

(a) the terms “slaughterhouse”, “cutting plant” and “game-handling establishment” have the meanings given to them in regulation 5(7) of the Food Hygiene (Scotland) Regulations 2006 M1 ; and

(b) “cold store” means any premises, not forming part of a slaughterhouse, cutting plant or game-handling establishment, used for the storage, under temperature controlled conditions, of fresh meat intended for sale for human consumption.

(3) Operators must, subject to paragraph (5), without undue delay, stain the following animal by-products in accordance with paragraph (4)—

(a) animal by-products defined by the following articles of the EU Control Regulation—

(i) Article 8(c) and (d) (Category 1 material);

(ii) Article 9(c) and (d) (Category 2 material);

(b) whole poultry bodies where the animals are dead on arrival at the slaughterhouse;

(c) bodies or parts of animals which are unfit for human consumption because they show signs of disease communicable to humans or animals;

(d) bodies or parts of animals which are unfit for human consumption because they have not been presented for either ante or post mortem inspection;

(e) bodies or parts of animals which have been contaminated with any substance which may pose a threat to public or animal health; and

(f) Category 3 material that has changed through decomposition or spoilage so as to present an unacceptable risk to public or animal health.

(4) Operators must—

(a) stain the animal by-products with a solution of colouring agent of such a strength that the staining is clearly visible and remains visible after the animal by-product has been chilled or frozen;

(b) stain the whole surface of the animal by-product, whether by immersing the animal by-product in the stain, spraying the animal by-product with the stain or applying the stain to the animal by-product by any other equally effective means;

(c) in the case of an animal by-product not falling within sub-paragraph (d) and weighing not less than 20kg, apply the stain after the surface of the animal by-product has been opened by multiple and deep incisions; and

(d) in the case of an animal by-product comprising an entire poultry body, whether or not it has been eviscerated or de-feathered, apply the stain after the surface of the body has been opened by multiple and deep incisions.

(5) Operators need not stain—

(a) any animal by-product which is removed, or is intended to be removed, from any premises by, or under the authority of, a veterinary surgeon for examination by, or on behalf of, that surgeon;

(b) any animal by-product consisting of the stomach and intestines or the digestive tract content of an animal, or which is mixed with those parts or content, in a container containing mainly those parts or content for disposal in accordance with the EU Control Regulation;

(c) any animal by-product which is intended for use for scientific purposes and which, pending such use or removal to premises for such use in accordance with the EU Control Regulation, is placed in a receptacle designed for the purpose of holding animal by-products and bearing a notice that its contents are intended for use for scientific purposes;

(d) any animal by-product which is moved immediately after generation, via a sealed and leak-proof pipe, to a processing or incineration establishment or plant approved under Article 24(1)(a), (b) or (c) of the EU Control Regulation; or

(e) an entire animal body, except an entire poultry body.

F1 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 11(6) omitted (31.12.2020) by virtue of The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 32(2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 S.S.I. 2006/3, to which there are amendments not relevant to these Regulations.