The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007

PART 3 Movement of controlled meat

Restriction on the movement of controlled meat out of a wild bird control area

9.—(1) No person may move controlled meat out of a wild bird control area except under the authority of a licence granted by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

(2) A veterinary inspector may not grant or direct the grant of a licence under sub paragraph (1) unless it is for the movement of–

(a) fresh meat from poultry that was produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No. 853/2004 and has been subject to the official controls set out in Sections I, II and III, and Chapters V and VII of Section IV of Annex I to Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(1);

(b) processed fresh meat or meat products produced from such fresh meat from poultry that was produced in accordance with Sections V and VI of Annex III to Regulation (EC) No. 853/2004;

(c) fresh meat from poultry, processed fresh meat from poultry or meat products from such fresh meat or processed fresh meat, other than the fresh meat, processed fresh meat and meat products referred to in sub paragraphs (2)(a) and (b), to other parts of the United Kingdom, provided–

(i) the meat or product is identified with the national mark described in paragraph 10(1) or with the mark described in paragraph 10(2); and

(ii) the veterinary inspector is satisfied that the meat or product meets the conditions set out in paragraph 11;

(d) fresh meat or processed fresh meat produced from poultry or wild game birds originating from an area which subsequent to such production is declared a wild bird control area, provided such meat has been obtained, cut and stored separately from poultry or wild game bird meat produced after the date when the control area is established; or

(e) meat products containing the meat referred to in paragraph (d) produced in establishments within the wild bird control area.

(3) No person other than the final consumer of meat marked with a mark referred to in paragraph (2)(c) shall deface, obliterate or remove that mark, unless licensed by the Scottish Ministers.

National mark

10.—(1) The national mark referred to in paragraph 9(2)(c)(i) must–

(a) be square;

(b) be clear and visible; and

(c) contain in legible form, the following–

(i) on the upper part, the letters “UK”;

(ii) in the centre, the slaughterhouse approval number;

(iii) on the lower part, the letter “N”.

(2) The other mark referred to in paragraph 9(2)(c)(i) must be–

(a) in the form set out below;

(b) of the dimensions referred to below; or of proportionate dimensions; and

(c) legible to the naked eye.

(a) UK – letters 8 mm high;

(b) XXXX (where XXXX is the approval number of the premises, as referred to in point 7 of Part B of Section I of Annex II to Regulation (EC) No. 853/2004) – numbers 11 mm high;

(c) diameter (to outer edge of border) – not less than 30 mm;

(d) thickness of border – 3 mm.

Conditions for the movement of meat and products

11.  The conditions referred to in paragraph 9(2)(c)(ii) are that the meat (or the meat from which the product was made) was obtained, cut, and stored separately from–

(a) controlled meat being moved under paragraphs 9(2)(a), (b) or (d); and

(b) from meat from poultry from outside the wild bird control area.

Separation of controlled meat

12.—(1) A person moving controlled meat out of the wild bird control area under a licence granted in accordance with paragraph 9(2)(c) must ensure that it does not come into contact with controlled meat being moved under a licence granted in accordance with paragraphs 9(2)(a), (b) or (d) or any meat from poultry from outside that area.

(2) A person receiving controlled meat moved under a licence granted under paragraph 9(2)(c) must ensure that it is not used in meat products or meat preparations intended for placing on the market outside the United Kingdom unless it or the product or preparation in which it has been used has undergone a heat treatment at a minimum temperature of 70°C, which must be reached throughout the meat.

(3) If controlled meat referred to in paragraphs 9(2)(a), (b) or (d) has come into contact with meat referred to in paragraph 9(2)(c), the person moving such meat must identify it in accordance with paragraph 9(2)(c)(i) as soon as is reasonably practicable and must not transport it to premises outside the United Kingdom.

(1)

O.J. No. L 139, 30.4.2004, p.206. The revised text of the Regulation is contained in a corrigendum (O.J. No. L 226, 25.6.04, p.83).