The Beef and Pig Carcase Classification (England) Regulations 2010

PART 3 BOVINE CARCASES

Application of these Regulations to small-scale bovine operators

6.—(1) A small-scale bovine operator is not required to classify bovine carcases.

(2) These Regulations do not apply to a small-scale bovine operator which does not classify bovine carcases.

(3) But if a small-scale bovine operator chooses to classify bovine carcases, these Regulations apply in relation to that operator and the classification of those carcases.

(4) In paragraphs (2) and (3), “classify” means classify in accordance with the European beef provisions or otherwise than in accordance with those provisions, and “classification” is to be construed accordingly.

(5) In this regulation, “small-scale bovine operator” means an operator of an approved slaughterhouse at which not more than 75 adult bovine animals per week as an annual average are slaughtered.

(6) Nothing in this regulation prevents the application of these Regulations to an operator in relation to pig carcases if pigs are also slaughtered in that operator’s slaughterhouse.

Competent authority etc.: bovine carcases

7.—(1) The Secretary of State is the competent authority for the purposes of—

(a) Article 9 of the Commission Regulation (authorisation of automated grading techniques);

(b) Article 10(2)(b) of the Commission Regulation (classification by automated grading techniques); and

(c) Article 16 of the Commission Regulation (reporting of weekly prices to the competent authority and calculation of weekly prices).

(2) The Secretary of State is responsible for on-the-spot checks as described in Article 11 of the Commission Regulation.

Labelling instead of marking

8.  Subject to—

(a) the final paragraph of Article 6(4) of the Commission Regulation,

(b) Article 4(3)(c) of Commission Regulation (EC) No 1669/2006 (1) laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 as regards the buying-in of beef(2), and

(c) point I(a) of Annex I to Commission Regulation (EC) No 826/2008 laying down common rules for the granting of private storage aid for certain agricultural products(3),

an operator may, instead of marking a bovine carcase in accordance with Article 6(3) of the Commission Regulation, label it in accordance with Article 6(4) of that Regulation.

Licence to carry out classification

9.—(1) The Secretary of State must grant a licence to carry out classification of bovine carcases to any person who applies for such a licence and who appears to the Secretary of State to be qualified to carry out classification, but the Secretary of State may refuse to grant such a licence if the Secretary of State is satisfied that the applicant is not a fit and proper person to carry out classification of bovine carcases.

(2) In addition to the power to revoke a licence in the circumstances mentioned in Article 12(2) of the Commission Regulation (incorrect classifications or identifications), the Secretary of State may suspend or revoke a licence granted to a person under this regulation—

(a) if the person has contravened any of the terms or conditions of that licence; or

(b) if the Secretary of State is satisfied that the person holding that licence is no longer a fit and proper person to carry out classification of bovine carcases.

(3) Where the Secretary of State takes any decision in relation to a licence under this regulation which gives rise to a right of appeal under regulation 11, the Secretary of State must inform the person concerned of—

(a) the right of appeal; and

(b) the details of the person to whom an appeal may be made.

Licence for automated grading

10.—(1) The Secretary of State may grant, to the operator of an approved slaughterhouse, a licence authorising the use of automated grading equipment for classification of bovine carcases at that slaughterhouse.

(2) In addition to the power to revoke a licence in the circumstances mentioned in Article 12(2) of the Commission Regulation, the Secretary of State may suspend or revoke a licence granted to an operator under this regulation—

(a) if the operator has contravened any of the terms or conditions of that licence; or

(b) if the Secretary of State considers that the automated grading equipment no longer meets the standards required by Article 9 of, and Annex II to, the Commission Regulation, whether for reasons connected with the equipment itself or with the operator’s manner of use of the equipment.

(3) Where the Secretary of State takes any decision in relation to a licence under this regulation which gives rise to a right of appeal under regulation 11, the Secretary of State must inform the operator concerned of—

(a) the right of appeal; and

(b) the details of the person to whom an appeal may be made.

Appeals regarding licences

11.—(1) A person may appeal against—

(a) a decision by the Secretary of State to refuse an application by that person for a licence under regulation 9 or 10;

(b) a term or condition imposed by the Secretary of State in a licence granted to that person under regulation 9 or 10; or

(c) a decision by the Secretary of State to suspend or revoke a licence granted to that person under regulation 9 or 10.

(2) The appeal must be made to a person appointed for the purpose by the Secretary of State.

(3) The appointed person must consider the appeal (but may not consider any new information not available to the Secretary of State at the time of the original decision) and any representations made by the Secretary of State, and must report in writing, with a recommended course of action, to the Secretary of State.

(4) The Secretary of State must then reach a final decision and notify the appellant of that decision and the reasons for it.

Records: bovine carcases

12.—(1) An operator of an approved slaughterhouse must keep a record of the particulars specified in Schedule 3 relating to each bovine carcase which is classified in that slaughterhouse.

(2) The operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates.

(1)

OJ No L 312, 11.11.2006, p 6, to which there are amendments not relevant to these Regulations.

(2)

OJ No L 160, 26.6.1999, p 21, to which there are amendments not relevant to these Regulations.

(3)

OJ No L 223, 21.8.2008, p 3, to which there are amendments not relevant to these Regulations.