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The Food Hygiene (Wales) Regulations 2005

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Enforcement

5.—(1) In respect of any food business operator to whose operations Regulation 852/2004 applies but Regulation 853/2004 does not apply —

(a)the Agency must enforce and execute the Hygiene Regulations insofar as the operator concerned is carrying out primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 other than the associated operations described in sub-paragraphs (a) and (c) of that paragraph insofar as they concern wild game; and

(b)the food authority in whose area the food business operator carries out his or her operations must enforce and execute the Hygiene Regulations insofar as the operator concerned is carrying out operations which are not enforced and executed by the Agency pursuant to sub-paragraph (a).

(2) In respect of any food business operator to whose operations both Regulation 852/2004 and Regulation 853/2004 apply —

(a)the Agency must enforce and execute the Hygiene Regulations insofar as the operator concerned is carrying out operations in relation to the following establishments and activities —

(i)slaughterhouses,

(ii)game handling establishments,

(iii)cutting plants placing fresh meat on the market, and

(iv)activities in respect of eggs set out in Chapter I of Section X of Annex III to Regulation 853/2004; and

(b)the Agency or the food authority in whose area the food business operator carries out his or her operations must enforce and execute the Hygiene Regulations insofar as the operator concerned is carrying out operations in relation to any establishment or activity that is not specified in sub-paragraph (a) and is regulated by Regulation 853/2004.

(3) In respect of —

(a)collection centres and tanneries supplying raw material for the production of gelatine intended for human consumption pursuant to paragraph 5 of Chapter I of Section XIV of Annex III to Regulation 853/2004; and

(b)collection centres and tanneries supplying raw material for the production of collagen intended for human consumption pursuant to paragraph 5 of Chapter I of Section XV of Annex III to Regulation 853/2004,

the food authority in whose area the collection centre or tannery concerned is situated must enforce and execute the Hygiene Regulations.

(4) Each food authority must enforce and execute these Regulations in its area in relation to the matters regulated by —

(a)Schedules 3 to 5; and

(b)Schedule 6 insofar as it applies in relation to raw milk intended for direct human consumption other than raw cows' milk.

(5) The Agency must enforce and execute these Regulations in relation to the matters regulated by Schedule 6 insofar as it applies in relation to raw cows' milk intended for direct human consumption.

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