The Beef Carcase (Classification) Regulations 1991

Classification by the MLC

10.—(1) An occupier may request the MLC to carry out the classification requirements at a regulated slaughterhouse occupied by him.

(2) An occupier shall—

(a) make such a request by written notice, to be given to the MLC not less than six months before the date on which he requires the MLC to commence the carrying out of the classification requirements at that slaughterhouse, and

(b) within 30 days from the date of such notice, agree with the MLC a classification charge.

(3) The MLC may—

(a) notwithstanding paragraph (2)(a) above, accept a notice of less than six months, and

(b) notwithstanding paragraph (2)(b) above, agree with an occupier a classification charge at any time.

(4) If the occupier and the MLC fail to agree a classification charge, the MLC may refuse to carry out the classification requirements and in such event shall notify the occupier in writing of such refusal.

(5) Where the MLC has received a notice to carry out the classification requirements at a regulated slaughterhouse and agreed with the occupier a classification charge, the MLC shall—

(a) forthwith notify that occupier in writing of:

(i) agreement to carry out the classification requirements at that slaughterhouse;

(ii) the classification charge and the period for which such charge is to apply, as agreed between the MLC and that occupier; and

(iii) the date of commencement;

(b) forthwith notify the appropriate Minister in writing of its agreement to carry out the classification requirements at that slaughterhouse and the date of commencement;

(c) subject to paragraph (6) below, from the date of commencement carry out the classification requirements in respect of every regulated carcase obtained in that slaughterhouse; and

(d) as soon as reasonably practicable after carrying out such classification requirements provide the occupier with the particulars specified in paragraphs 1, 3 and 5 of Part I of Schedule 5 and any other details relating to such classification requirements as the occupier may reasonably require so as to enable him to give the prescribed communication and to comply with regulation 9.

(6) The MLC having agreed to carry out the classification requirements at a regulated slaughterhouse in accordance with paragraph (5) above may suspend or revoke that agreement if the occupier of that slaughterhouse—

(a) fails to pay to the MLC on demand the classification charge;

(b) fails to provide such information and assistance as the MLC may reasonably request so as to enable it to carry out the classification requirements;

(c) carries out or allows any other person to carry out the classification requirements in respect of any regulated carcase obtained in that slaughterhouse at any time after the date of commencement; or

(d) fails at any time after the date of commencement to present to the MLC any regulated carcase obtained in that slaughterhouse so as to enable the MLC to carry out the classification requirements in respect of that carcase.

(7) The MLC having agreed to carry out the classification requirements at a regulated slaughterhouse may suspend or revoke that agreement if the period referred to in paragraph (5)(a)(ii) above has expired without the MLC and that occupier agreeing a classification charge for a further period.

(8) The MLC shall forthwith give written notice to the occupier and the appropriate Minister of any action it may have taken under paragraphs (6) or (7) above.

(9) Where the MLC has agreed with an occupier to carry out the classification requirements at his regulated slaughterhouse and has agreed with that occupier a classification charge, that occupier shall not revoke that agreement except—

(a) by giving to the MLC a further notice in writing to take effect forthwith or on such date as may be specified in that notice where, for whatever reason, the MLC has failed to carry out the classification requirements in respect of every regulated carcase obtained in that slaughterhouse for a continuous period of 2 days (excluding days on which, under that agreement, the MLC is not obliged to carry out such requirements);

(b) by agreement with the MLC; or

(c) by giving to the MLC a further notice in writing of not less than six months provided that the occupier shall not give such notice during the first six months from the date of commencement.

(10) The occupier shall forthwith give written notice to the appropriate Minister of any action he may have taken under paragraph (9) above.

(11) In this regulation—

“classification charge” means the amount which the occupier of a regulated slaughterhouse may from time to time agree with the MLC to pay to it for the classification requirements to be carried out by the MLC at that slaughterhouse in accordance with this regulation;

“date of commencement” means the date, agreed between the MLC and an occupier of a regulated slaughterhouse, from which the MLC will carry out the classification requirements at that slaughterhouse;

“regulated carcase” does not include an exempt carcase.

(12) In Part I of Schedule 1 to the Agriculture Act 1967, after paragraph 10 there shall be inserted—

“10A.   Functions under regulation 10 of the Beef Carcase (Classification) Regulations 1991 (undertaking of classification etc of certain carcases).”.