The Pig Carcase (Grading) Regulations 1994

Undertaking of grading, etc., of certain pig carcases by the MLC

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

(2) An occupier shall, subject to paragraphs (3) and (4) below—

(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 Community classification requirements at the slaughterhouse concerned; 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 Community 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 Community classification requirements at a slaughterhouse and agreed with the occupier a classification charge, the MLC shall—

(a) forthwith notify that occupier in writing of—

(i) its agreement to carry out the Community 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 Community classification requirements at that slaughterhouse and the date of commencement;

(c) subject to paragraphs (6), (7) and (9) below, from the date of commencement carry out the Community classification requirements in respect of every pig carcase, other than any exempt carcase, obtained in that slaughterhouse and presented by the occupier; and

(d) as soon as reasonably practicable after carrying out such Community classification requirements provide the occupier with—

(i) the particulars specified in Schedule 2,

(ii) the particulars relating to each pig carcase to be recorded under regulation 6(e)(ii), and

(iii) any other details relating to such Community classification requirements or any pig carcase as the occupier may reasonably require so as to enable him to comply with these Regulations or any Community provision.

(6) The MLC having agreed to carry out the Community classification requirements at a 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 present to the MLC for such Community classification pig carcases that fully comply with the definition of “pig carcase” in regulation 2(1);

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

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

(e) fails at any time after the date of commencement to present to the MLC any pig carcase, other than an exempt carcase, obtained in that slaughterhouse so as to enable the MLC to carry out the Community classification requirements in respect of that pig carcase,

and the obligation specified in paragraph (5)(c) above shall not bind the MLC during the period of effect of such suspension or, as the case may be, from the date of effect of such revocation.

(7) The MLC having agreed to carry out the Community classification requirements at a 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, and the obligation specified in paragraph (5)(c) above shall not bind the MLC during the period of effect of such suspension or, as the case may be, from the date of effect of such revocation.

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

(9) Where the MLC has agreed with an occupier to carry out the Community classification requirements at his slaughterhouse and has agreed with that occupier a classification charge, that occupier shall not revoke that first-mentioned 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 Community classification requirements in respect of every pig 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,

but from the date of effect of any revocation in accordance with this paragraph the obligation specified in paragraph (5)(c) above shall not bind the MLC.

(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 slaughterhouse may from time to time agree with the MLC to pay to it for the Community classification requirements to be carried out by the MLC at that slaughterhouse in accordance with this regulation;

“Community classification requirements” means the requirements imposed on occupiers of slaughterhouses by regulation 6(b) to (e), except the requirements to keep a record and to identify each carcase specified in sub-paragraph (ii) of the said regulation 6(e);

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

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

“10B.  Functions under regulation 7 of the Pig Carcase (Grading) Regulations 1994 (undertaking of grading, etc., of certain pig carcases).”.