The Meat Products (Hygiene) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 92/5/EEC (OJ No. L57, 2.3.92, p.1)(“the Directive”) amending and updating Directive 77/99/EEC (OJ No. L26, 31.1.77, p.85) on health problems affecting intra-Community trade in meat products and amending Directive 64/433/EEC (OJ No. 121, 29.7.64, (OJ/SE 1963-64 p.185)), as amended by Article 14(3) of Council Directive 92/45/EEC (OJ No. L268, 14.9.92, p.35) read with Commission Decision 94/383/EC (OJ No. L174, 8.7.94, p.33). The Regulations relate to States (other than Iceland) in the European Economic Area. This is by reason of the EEA Agreement (at OJ L1, 3.1.94) and Decision No. 7/94 of the EEA Joint Committee (see Annex 2 at OJ L160/13, 28.6.94).

The Regulations do not apply to establishments handling or storing meat products or other products of animal origin exclusively for sale from those establishments to the final consumer, or to the staff of such establishments or to the transporting of meat products to the final consumer (regulation 3).

The Regulations—

(a) require premises that handle or store meat products to be approved under and comply with the Regulations by 1st January 1996; from the date on which the Regulations come into force meat products may only be despatched to a relevant EEA State from approved premises; approvals will be granted on written application to the approval authority, subject to satisfaction of appropriate conditions (regulations 4 and 5);

(b) make provision for the revocation of approvals (regulation 6);

(c) provide a right of appeal (regulation 7);

(d) specify conditions to be complied with in relation to the sale of meat products for human consumption (regulation 8);

(e) specify requirements as to wrapping, packaging and labelling of meat products (regulation 9);

(f) specify requirements as to health marking of meat products and indication of storage temperature and durability (regulations 10 and 11);

(g) specify requirements as to storage and transportation of meat products (regulation 12);

(h) specify duties of the occupier of an establishment (regulation 13);

(j) specify conditions for the sale of any prepared food (other than a meat-based prepared meal) obtained from raw material of animal origin (regulation 14);

(k) prohibit the manufacture of other products of animal origin except in accordance with specified conditions and also specify the conditions for the marketing and transportation of such products (regulations 15 to 17);

(l) make transitional provision for the use of premises, tools and equipment used for the preparation of meat products bearing an EC health mark, for the production of other specified products in pursuance of derogations provided by Directive 91/498/EEC (OJ No. L268, 24.9.91, p.105)(regulation 18);

(m) require enforcement authorities to supervise establishments and to enforce and execute the Regulations (regulation 19);

(n) create offences and prescribe penalties (regulation 20);

(o) apply specified provisions of the Food Safety Act 1990, including the defence of due diligence (regulation 21);

(p) require food authorities to provide specified information to the Minister (regulation 22); and

(q) make provision for the sale of meat products and other products of animal origin from Northern Ireland, the Isle of Man and the Channel Islands and amend specified Regulations (regulations 23 and 24).

The approval authority (defined in regulation 2) is the food authority, except for certain meat products premises which are combined with other premises (and are accordingly defined as “combined premises” in that regulation), for which approvals will be granted centrally.

The enforcement authority is the food authority until 31st March 1995. Thereafter the Minister becomes the enforcement authority for combined premises, but not for other premises (regulation 19).

A Compliance Cost Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament and copies can be obtained from the Meat Hygiene Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.