The Quick-frozen Foodstuffs (Wales) Regulations 2007

Regulations 2 and 9(2)

SCHEDULE 1 SPECIFIED COMMUNITY PROVISIONS

1. Provision of Regulation 37/2005	2. Subject-matter
Article 2.1	Requirement that the means of transport, warehousing and storage of quick-frozen foodstuffs shall be fitted with suitable recording instruments to monitor, at frequent and regular intervals, the air temperature to which the quick-frozen foodstuffs are subjected.
Article 2.2 — first sentence of first paragraph	Requirement that all measuring instruments described in Article 2.1 of Regulation 37/2005 shall comply with EN 12830, EN 13485 and EN 13486 standards.
Article 2.2 — second sentence of first paragraph	Requirement that food operators keep all relevant documents verifying that the measuring instruments conform to the relevant EN standard.
Article 2.3	Requirement that temperature recording shall be dated and stored by the food operator for a period of at least a year, or for longer taking into account the nature and shelf life of the quick-frozen foodstuffs.
Article 3.1 — first paragraph	Requirement that storage in retail display cabinets, or in the course of local distribution the air temperature shall only be measured by at least one easily visible thermometer.
Article 3.1 — second paragraph (a) and (b)	Requirement that in open retail cabinets the maximum load line of the cabinet shall be clearly marked and the thermometer shall indicate the temperature at the air return side at the level of that mark.

Regulation 3

SCHEDULE 2 Conditions that have to be satisfied in relation to a quick-frozen foodstuff if it is to be placed on the market for human consumption

1.  The conditions are that—

(a) the quick-frozen foodstuff has been manufactured from raw materials of sound, genuine and merchantable quality and no other materials;

(b) no raw material has been used in the manufacture of the quick-frozen foodstuff unless, at the time of its use, it would have been lawful for the raw material to be placed on the market for human consumption;

(c) the preparation and quick-freezing of the quick-frozen foodstuff have been carried out with sufficient promptness, and by use of appropriate technical equipment, to minimise any chemical, biochemical and microbiological changes to the food comprised in it;

(d) no cryogenic medium other than an authorised cryogenic medium has been used in direct contact with any food comprised in the quick-frozen foodstuff;

(e) the quick-freezing of each food comprised in the quick-frozen foodstuff has resulted in the temperature of that food after thermal stabilisation being −18°C or colder; and

(f) following the quick-freezing and thermal stabilisation of each food comprised in the quick-frozen foodstuff in compliance with sub-paragraph (e) the temperature of that food has been maintained at a level no warmer than −18°C except where a permitted exception relating to the temperature of the food applies.

2.  For the purposes of paragraph 1—

(a) an authorised cryogenic medium is—

(i) air,

(ii) nitrogen, or

(iii) carbon dioxide;

and

(b) a permitted exception relating to the temperature of a food applies when—

(i) that food is kept within brief periods during transport (including local distribution) at a temperature warmer than −18°C but not warmer than −15°C, or

(ii) that food is kept in a retail display cabinet at a temperature warmer than −18°C to an extent consistent with good storage practice but not warmer than −12°C.

Regulation 9(3)

SCHEDULE 3 TRANSITITONAL REQUIREMENTS FOR MEASURING INSTRUMENTS INSTALLED BEFORE 1ST JANUARY 2006

Application

1.  This Schedule applies only in respect of measuring instruments used for the purpose of monitoring the temperature as provided for in Article 2.1 of Regulation 37/2005 that were installed before 1st January 2006.

2.  This Schedule will cease to have effect on 1st January 2010.

Requirements

3.  The requirements are that—

(a) in respect of any means of storage or transport other than those mentioned in the following sub-paragraphs of this paragraph, the instrument must be a system suitable for the monitoring, at frequent and regular intervals, of air temperatures within such means;

(b) in respect of storage in a cold chamber with a capacity of less than 10m³x2 on premises used for placing quick-frozen foodstuffs on the market for retail purposes, the instrument must be a thermometer so placed as to be easily visible;

(c) in respect of storage in a retail display cabinet (other than an open retail display cabinet) the instrument must be one or more thermometers so placed as to be easily visible;

(d) in respect of storage in an open retail display cabinet, the instrument must be one or more thermometers so placed as to be easily visible and indicating the temperature at the air return side at the level of the clearly marked maximum load line for that cabinet;

(e) in respect of a means of transport other than—

(i) a vehicle registered outside the United Kingdom, or

(ii) a means of transport when being used in the course of local distribution,

the instrument must be a system for monitoring air temperatures that—

(aa) has an accuracy of plus or minus 1°C when its sensor is measuring a temperature within the range of −25°C to +30°C,

(bb) has a measuring accuracy which does not change by more than plus or minus 0.5°C when it is operating in temperatures within the range of −20°C to +30°C,

(cc) has a display resolution of not more than 1°C, and

(dd) is robust and shockproof;

(f) in respect of a vehicle registered outside the United Kingdom, the instrument must be an instrument which has been approved by the competent authority in the country in which the vehicle is registered; and

(g) in respect of means of transport when being used in the course of local distribution, the instrument must be one or more thermometers so placed as to be easily visible.