Citation, commencement and extent
1.—(1) These Regulations may be cited as the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Amendment (Scotland) Regulations 2002.
(2) These Regulations shall come into force on 1st April 2002, except for regulation 2(2), (3), (4), (5) and (6), which shall come into force on 1st December 2002.
(3) These Regulations shall extend to Scotland only.
Amendments to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995
2.—(1) The Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(1) shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 2(1) (interpretation) the following definitions shall be inserted in the appropriate alphabetical positions:–
““farmer” means any person who is an agricultural producer and manages a holding;”; and
““holding” means an agricultural production unit situated in the United Kingdom managed by a farmer;”.
(3) In regulation 3(1) (exemptions and saving for existing licences)–
(a)sub-paragraph (b) shall be replaced with the following sub-paragraphs:–
“(b)subject to paragraphs (2), (3) and (4) below, to a farmer, with an annual production on the aggregate of all of that farmer’s holdings of less than 10,000 birds or 10,000 rabbits, who sells small quantities of fresh poultry meat, small quantities of fresh farmed game bird meat or small quantities of fresh rabbit meat derived from those birds or rabbits produced on the holding–
(i)direct to the final consumer at the holding where the birds or the rabbits were produced;
(ii)direct to the final consumer at the local market nearest to the holding where the birds or the rabbits were produced; or
(iii)direct to retailers for sale direct to the final consumer, provided the retailers make such sales in the same locality as, or in a neighbouring locality to, the holding where the birds or the rabbits were produced;
(bA)to a producer, with an annual production of less than 10,000 rabbits, who sells fresh rabbit meat derived from such rabbits produced at premises under the control of the producer direct to a person who buys the meat for that person’s own consumption;”; and
(b)in sub-paragraph (g), “(bA),” shall be inserted before “(c)”.
(4) For regulation 3(2) there shall be substituted–
“(2) The exemptions in paragraph (1)(b) and (bA) above shall not apply in relation to any itinerant sale or sale by mail order or, as regards a sale by a retailer, any sale by the retailer at a market.”.
(5) In regulation 3(3), for “slaughterhouse” there shall be substituted “holding”.
(6) In regulation 3(4), for “occupier of any such slaughterhouse” there shall be substituted “farmer”.
(7) In regulation 13 (notice of operation of licensed premises)–
(a)in paragraph (1, for “paragraph (3)” there shall be substituted “paragraphs (3) and (4)”; and
(b)after paragraph (3) there shall be inserted–
“(4) No person shall operate any licensed low throughput slaughterhouse unless the person has notified the Agency of the number and origin of the birds or rabbits to be slaughtered there.”.
(8) In each of paragraphs (1) and (2) of regulation 15 (transport documentation), “Subject to paragraph (3) below,” shall be omitted.
(9) Regulation 15(3) shall be omitted.
(10) In regulation 18(1)(a)(i)(2) (duties of occupier), “and origin” shall be inserted after “species”.
(11) For Schedule 5 (construction, layout and equipment of low throughput slaughterhouses and low throughput cutting premises), Part I, paragraph 5 there shall be substituted–
“5. Refrigeration equipment which–
(a)is adequate to keep the internal temperature of meat at the levels required by Schedule 12; and
(b)has a drainage system linked to the waste water pipes which minimises the risk of contamination of meat.”.
(12) In Schedule 8 (hygiene requirements for slaughter and the handling of fresh meat), paragraph 11(j), for “producer” there shall be substituted “occupier”.
(13) For Schedule 14 (transport), paragraph 1(a) there shall be substituted–
“(a)fresh meat shall be transported–
(i)from a licenced slaughterhouse or licensed cutting premises, other than any low throughput slaughterhouse or low throughput cutting premises, by a means of transport fitted with a hermetic closing system or, in the case of fresh meat imported from or intended to be transported through a third country, in a sealed means of transport, which in each case is designed and equipped in such a way that the temperatures specified in Schedule 12 are maintained throughout transportation; and
(ii)from a slaughterhouse licensed as a low throughput slaughterhouse, or cutting premises licensed as low throughput cutting premises, by means of transport designed and equipped in such a way that the temperatures specified in Schedule 12 are maintained throughout transportation;”.
Consequential amendment
3. In Schedule 2 (regulations relevant to intra-Community trade), paragraph 7 of the Products of Animal Origin (Import and Export) Regulations 1996(3) for “The Meat (Disease Control) (Scotland) Regulations 2000”, there shall be substituted–
The Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Amendment (Scotland) Regulations 2002;”.
MARY MULLIGAN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
5th March 2002