The Meat (Official Controls Charges) (Wales) Regulations 2009

Interpretation

2.—(1) In these Regulations —

• “accounting period” (“cyfnod cyfrifyddu”) means a period of less than a year determined by the Agency;

• “the Agency” (“yr Asiantaeth”) means the Food Standards Agency;

• “audit” (“archwilio”) has the meaning given to it in Article 2.6 of Regulation 882/2004;

• “controls” (“rheolaethau”) means those official controls performed by the Agency—

  (a)

  pursuant to Regulation 854/2004, at slaughterhouses, game-handling establishments and cutting plants, for the verification of compliance with the provisions of Regulation 853/2004 in so far as they apply in relation to meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game and meat of wild game;

  (b)

  at slaughterhouses, for the verification of compliance with the provisions of the Welfare of Animals (Slaughter or Killing) Regulations 1995(1) insofar as they apply in relation to animals slaughtered there for human consumption;

  (c)

  in relation to domestic ungulates slaughtered outside the slaughterhouse, pursuant to Chapter VI of Section I of Annex III to Regulation 853/2004;

  (d)

  in relation to poultry slaughtered on farm, pursuant to Chapter VI of Section II of Annex III to Regulation 853/2004; and

  (e)

  in relation to—

  (i)

  farmed ratites,

  (ii)

  farmed game mammals of the family Cervidae or the family Suidae,or

  (iii)

  bison,

  slaughtered at the place of origin, pursuant to Section III of Annex III to Regulation 853/2004;

• “cutting plant” (“safle torri”) means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which —

  (a)

  is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or

  (b)

  (although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 December 2005, operating as licensed cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations 1995(2) or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(3);

• “cutting up” (“torri”) has the meaning that it bears in Regulation 853/2004;

• “Directive 2004/41” (“Cyfarwyddeb 2004/41”), “Regulation 178/2002” (“Rheoliad 178/2002”), “Regulation 852/2004” (“Rheoliad 852/2004”), “Regulation 853/2004” (“Rheoliad 853/2004”), “Regulation 854/2004” (“Rheoliad 854/2004”), “Regulation 882/2004” (“Rheoliad 882/2004”), “Regulation 1688/2005” (“Rheoliad 1688/2005”), “Regulation 2073/2005” (“Rheoliad 2073/2005”), “Regulation 2074/2005” (“Rheoliad 2074/2005”), “Regulation 2075/2005” (“Rheoliad 2075/2005”) and “Regulation 2076/2005” (“Rheoliad 2076/2005”) have the meanings respectively given to them in Schedule 1;

• “domestic ungulates” (“carnolion domestig”) has the meaning given to it in point 1.2 of Annex I to Regulation 853/2004;

• “establishment” (“sefydliad”) has the meaning given to it in Article 2.1(c) of Regulation 852/2004;

• “farmed game” (“anifeiliaid hela a ffermir”) has the meaning given to it in point 1.6 of Annex I to Regulation 853/2004;

• “food business operator” (“gweithredydd busnes bwyd”) has the meaning given to it in Article 3.3 of Regulation 178/2002;

• “fresh meat” (“cig ffres”) has the meaning given to it in point 1.10 of Annex I to Regulation 853/2004;

• “game” (“anifeiliaid hela”) has the meaning that it bears in Regulation 853/2004;

• “game-handling establishment” (“sefydliad trin anifeiliaid hela”) means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which—

  (a)

  is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or

  (b)

  (although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 December 2005, operating as a licensed wild game processing facility under the Wild Game Meat (Hygiene and Inspection) Regulations 1995(4);

• “game meat” (“cig anifeiliaid hela”) has the meaning that it bears in Regulation 853/2004;

• “inspector” (“arolygydd”) means an official veterinarian, an official auxiliary or any other person appointed by the Agency for the purpose of performing controls;

• “lagomorphs” (“lagomorffiaid”) has the meaning given to it in point 1.4 of Annex I to Regulation 853/2004;

• “meat” (“cig”) has the meaning given to it in point 1.1 of Annex I to Regulation 853/2004;

• “official controls” (“rheolaethau swyddogol”) is construed in accordance with the definition of “official control” in Article 2.1 of Regulation 882/2004;

• “official controls charge” (“ffi rheolaethau swyddogol”) means the charge calculated in accordance with Schedule 2 and notified in accordance with regulation 3(1), (2) or (3);

• “official veterinarian” (“milfeddyg swyddogol”) has the meaning given to it in Article 2.1(f) of Regulation 854/2004;

• “operator” (“gweithredydd”) means a food business operator who is carrying on a food business at any premises or his or her duly authorised representative;

• “place of origin” (“tarddle”) has the meaning that it bears in point 3 of Section III of Annex III to Regulation 853/2004;

• “placing on the market” (“rhoi ar y farchnad”) has the meaning given to it in Article 3.8 of Regulation 178/2002;

• “poultry” (“dofednod”) has the meaning given to it in point 1.3 of Annex I to Regulation 853/2004;

• “premises” (“mangre”) means any slaughterhouse, game-handling establishment, cutting plant, place that is outside the slaughterhouse for the purposes of chapter VI of Section I of Annex III to Regulation 853/2004, farm or place of origin;

• “slaughterhouse” (“lladd-dy”) means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which —

  (a)

  is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or

  (b)

  (although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;

• “time costs” (“costau mewn amser”) means, in relation to any establishment for any accounting period, the costs calculated in accordance with paragraphs 7 to 9 of Schedule 2;

• “verification” (“gwirhau”) means checking, by examination and provision of objective evidence; and

• “wild game” (“anifeiliaid hela gwyllt”) has the meaning given to it in point 1.5 of Annex I to Regulation 853/2004.

(2) In these Regulations, any reference to a Community instrument defined in Schedule 1 is a reference to that instrument as amended from time to time.

(1)

S.I. 1995/731, amended by S.I. 1999/400, S.I. 1999/1820, S.I. 2000/656, S.I. 2001/1303 (W.80) and S.I. 2007/2461 (W.208).

(2)

S.I. 1995/539, revoked with effect from 1 January 2006 by S.I. 2005/3292 (W.252).

(3)

S.I. 1995/540, revoked with effect from 1 January 2006 by S.I. 2005/3292 (W.252).

(4)

S.1. 1995/2148, revoked with effect from 1 January 2006 by S.I. 2005/3292 (W.252).