The title of these Regulations is the Poultrymeat (Wales) Regulations 2011.

These Regulations come into force on 15 August 2011 and apply in relation to Wales.

These Regulations apply to poultrymeat described in point I of Part V of Annex VII to Regulation (EU) 2013, excluding poultrymeat described in point I(2) of Part B of Annex XIV to the Single CMO Regulation.

In these Regulations—

In these Regulations, any reference to Part B of Annex XIV to the Single CMO Regulation is a reference to Part B of Annex XIV to the Single CMO Regulation as amended from time to time.

Other expressions used in these Regulations and in the Single CMO Regulation or Regulation (EU) 2013 or the Commission Regulation have the same meaning in these Regulations as in the European Regulation in which they are used.

Poultrymeat that is cut and handled in premises of the type mentioned in paragraph (2) and is marketed on those premises as fresh poultrymeat must be kept on those premises at a temperature not below — 2ºC and not higher than 8ºC .

The Welsh Ministers are designated as the competent authority for the purpose of registration of slaughterhouses and producers as required by Article 12 of the Commission Regulation.

Where the Welsh Ministers receive an application for registration the Welsh Ministers must notify the applicant in writing of the matters specified in paragraph (4) without unreasonable delay.

Where the Welsh Ministers decide to cancel a registration, the Welsh Ministers must notify the producer, or the person carrying on the business of the slaughterhouse concerned, as the case may be, of the matters specified in paragraph (6).

Any person who is aggrieved about a decision specified in paragraph (2) may appeal against that decision to a magistrates' court.

The procedure on an appeal to a magistrates' court under paragraph (1) is by way of complaint and the Magistrates' Courts Act 1980 applies to the proceedings.

The period within which an appeal may be brought against a decision specified in paragraph (2) is 28 days, beginning with the day on which notification of the decision is given.

The cancellation of a registration mentioned in paragraph (2)(b) does not take effect until the time for appealing against it has expired or, if an appeal is lodged, until the appeal is finally disposed of or withdrawn.

Except where a water content check required by Article 16(1), (2), (3) or (4) or 20(2), (3) and (4) of the Commission Regulation is carried out by the Agency, such a check must be carried out by the food business operator of the slaughterhouse or cutting plant concerned.

Schedule 3 has effect in relation to the fees payable to the Agency for water content checks carried out by the Agency.

In this regulation “food business operator” (“gweithredwr busnes bwyd”) has the same meaning as in Article 3(3) of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

The Agency must enforce the assimilated poultrymeat provisions at slaughterhouses and cutting plants.

A port health authority must enforce these Regulations in its district in relation to poultrymeat imported from a third country.

The record keeping requirements in Article 12(2) and (4) of the Commission Regulation must be enforced by the Welsh Ministers.

In this regulation—

An authorised officer may enter any premises (except premises used as a private dwelling house) at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with.

An authorised officer must not exercise the powers under paragraph (1) or (2) except on the production, if so required, of a duly authenticated document showing the officer's authority.

Admission to any premises used as a private dwelling house may not be demanded as of right unless entry is in accordance with a warrant granted under this regulation.

If a justice of the peace, on sworn information in writing, is satisfied of the matters mentioned in paragraph (6), the justice may sign a warrant permitting an authorised officer to enter any premises, if need be by reasonable force.

Condition A is that on the premises there are items of the type mentioned in regulation 12(1)(a) or documents or records of the type mentioned in regulation 12(1)(d) and that their inspection is likely to disclose evidence of a contravention of these Regulations.

Condition B is that a contravention of these Regulations has occurred, is occurring or is about to occur on those premises.

Condition C is that admission to the premises has been, or is likely to be, refused, and that the occupier has been informed (whether orally or in writing) that a warrant may be applied for.

Condition D is that admission to the premises has been, or is likely to be, refused, and informing the occupier that a warrant under this regulation may be applied for may defeat the object of the entry.

Condition E is that the premises are unoccupied or that the occupier is temporarily absent and it may defeat the object of the entry to await the occupier's return.

Condition F is that the premises are used as a private dwelling house.

An authorised officer who enters any premises that are unoccupied or where the occupier is temporarily absent must leave the premises as effectively secured against unauthorised entry as when the officer found them.

Where O gives a person a direction under paragraph (2) those items which are the subject of the direction must be kept on the premises at that person's expense.

O may seize and detain any item of the type mentioned in paragraph (1)(a)(i) to (iv) or document or record mentioned in paragraph (1)(d) that O has reason to believe may be required as evidence in proceedings under these Regulations.

O may seize as liable to destruction any item of the type mentioned in paragraph (1)(a)(i) to (iv) that O reasonably believes contravenes any provision of these Regulations.

O may seize any computer equipment for the purpose of copying documents or records of the type mentioned in paragraph (1)(d), and for checking the data on, and operation of, any computer equipment that is, or has been, in use in connection with those documents or records (and in doing so may recover data), provided the equipment is returned as soon as practicable and, in any event, within 14 days, beginning with the day on which the equipment is seized.

Where, in accordance with Article 8 of the Commission Regulation, O has checked a batch of poultrymeat and is satisfied that it does not comply with the requirements of Article 1 or 7 of the Commission Regulation, O may direct any person appearing to O to be in charge of the batch or premises not to market or import that batch until such time as proof has been produced to the enforcement authority that it has been made to comply with those requirements.

O must not exercise any power under this regulation, or give a direction under this regulation, except on the production, if so required, of a duly authenticated document showing O's authority.

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In this regulation “live poultry” (“dofednod byw”) has the meaning given to it in Part XX of Annex I to the Regulation (EU) 2013.

An authorised officer (“O”) must follow the procedures set out in this regulation if O seizes anything under regulation 12(4), (5) or (6).

But where the premises are unoccupied, or no-one appears to O to be in charge of the premises, O must attach a notice to a conspicuous part of the premises containing the information mentioned in sub-paragraphs (a) to (d) of paragraph (2).

A person having a proprietary interest in the seized item or computer equipment (including a creditor who has a debt secured on the item or equipment) may notify O of any claim that the seized item, document or record, or equipment was not liable to seizure, setting out the grounds for the claim in full.

The claim must be made within 14 days of the seizure, beginning on the day on which the item or computer equipment was seized, to the address specified in the seizure notice.

If a notification of a claim is not received within 14 days in respect of an item seized under regulation 12(4), the enforcement authority may retain the seized item for as long as necessary while it is being held for the purpose of any criminal investigation or proceedings or for use as evidence at a trial.

If, in regulation 13(11)(c) proceedings, the magistrates' court authorises the enforcement authority to destroy the seized item, it may also make an order requiring the claimant (but not a claimant who is a creditor with a debt secured on the item) to pay such of the costs listed in paragraph (10) as the court may specify.

If, in the case of any computer equipment seized under regulation 12(6), the magistrates' court authorises the enforcement authority to retain the seized computer equipment, the court may impose conditions as to the basis on which the equipment may continue to be retained, including the imposition of a deadline by which the equipment must be returned.

The procedure in a magistrates' court under this regulation is by way of complaint and the Magistrates' Courts Act 1980 applies to the proceedings.

It is an offence not to comply with a compliance notice.

Any person who is aggrieved about a compliance notice may appeal against that notice to a magistrates' court.

The procedure on an appeal to a magistrates' court under paragraph (1) is by way of complaint and the Magistrates' Courts Act 1980 applies to the proceedings.

The period within which an appeal may be brought against a compliance notice is 28 days, beginning with the day on which the compliance notice is served.

A magistrates' court may suspend a compliance notice pending an appeal.

An enforcement authority may publicise the cases in which items seized under regulation 12(5) have been destroyed, in such manner as it sees fit.

An enforcement authority may publicise the cases in which compliance notices are given by it in such manner as it sees fit.

Proceedings for an offence under these Regulations may be commenced within the period of one year from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor's knowledge.

But no such proceedings may be commenced by virtue of paragraph (1) more than three years after the commission of the offence.

Where an offence committed by a body corporate (other than a limited liability partnership or a Scottish partnership) is proved to have been committed with the consent or connivance of, or is attributable to any neglect on the part of, an officer of the body corporate, or a person purporting to act in such a capacity, that officer or person (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member, and a person purporting to act in such a capacity, in connection with the member's functions of management as it applies to an officer of a body corporate.

Where an offence committed by an unincorporated body (other than an unincorporated partnership) is proved to have been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, or a person purporting to act in such a capacity, that officer or person (as well as the unincorporated body) is guilty of the offence and liable to be proceeded against and punished accordingly.

Where an offence committed by a partnership (including a limited liability partnership and a Scottish partnership) is proved to have been committed with the consent or connivance of, or is attributable to any neglect on the part of a partner, or a person purporting to act in such a capacity, the partner or person (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

In this regulation “offence” (“tramgwydd”) means an offence under these Regulations.

It is a defence for a person charged with an offence under these Regulations to prove that that person took all reasonable steps and exercised all due diligence to avoid committing the offence.

The notice may be given to a body corporate by being given to an officer of that body.

The notice may be given to a limited liability partnership, Scottish partnership or unincorporated partnership by being given to a partner or a person having the control or management of the partnership business.

The notice may be given to any other unincorporated body by being given to an officer of the unincorporated body.

For the purposes of paragraph (5) the references to the “principal office” in relation to a company which is registered outside the United Kingdom, a partnership which is carrying on business outside the United Kingdom or any other unincorporated body which has its principal office outside the United Kingdom, include a reference, in each case, to that body's principal office within the United Kingdom (if any).

Paragraph (8) applies if a person to be given a notice under these Regulations has specified an address (“the specified address”) within the United Kingdom other than the person's proper address (as decided under paragraph (5)) as the one at which that person, or someone on that person's behalf, will accept documents of the same description as a notice given under these Regulations.

The specified address is also to be treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation as the person's proper address.

In this regulation—