PART IPRELIMINARY

Title and commencement

1. These Regulations may be cited as the Wild Game Meat (Hygiene and Inspection) Regulations 1995 and shall come into force on 20th September 1995.

Interpretation

2.-(1) In these Regulations, unless the context otherwise requires-

"the Act" means the Food Safety Act 1990;

"carcase"means the eviscerated, and in the case of birds plucked, body of any wild game, with or without the head and lower legs;

"cold store" means a cold store licensed under the Hygiene Regulations;

"collection centre" means any building, premises or place where killed wild game is kept prior to being transported to a wild game processing facility;

"contravention", in relation to any provision of these Regulations, includes a failure to comply with that provision, and "contravene" has a corresponding meaning;

"cutting up" means-

"disinfect" means to apply hygienically satisfactory chemical or physical agents or processes with the intention of eliminating micro-organisms;

"EEA Agreement" means the Agreement on the European Economic Area(2) signed at Oporto on 2nd May 1992, as adjusted by the Protocol(3) signed at Brussels on 17 March 1993;

"EEA State" means a State which is a Contracting Party to the EEA Agreement;

"fresh meat" has the meanings given in the Hygiene Regulations;

"frozen", in relation to wild game meat, means meat which has been reduced to a temperature of not more than -12°C;

"health mark" means a mark of a kind set out in Schedule 7 and applied in accordance with regulation 10 and that Schedule;

"hunter" means any person who kills, or organises the killing of, wild game for human consumption;

"the Hygiene Regulations" means-

"inspector" means a person who-

"large wild game" means wild ungulates;

"licensed", in relation to any wild game processing facility, means licensed by the Minister under regulation 3, and " licence" has a corresponding meaning;

"occupier" means any person carrying on the business of a wild game processing facility or, in so far as the context requires, a cold store or a re-wrapping centre or his duly authorised representative and, in relation to an application in respect of any wild game processing facility for a licence under regulation 3, includes the owner of those premises, the person proposing to occupy those premises and the duly authorised representative of any such person;

"offal" means wild game meat other than that of the carcase, whether or not naturally connected to the carcase;

"OVS" means an official veterinary surgeon, being a veterinary surgeon designated by the Minister under regulation 6;

"packaging", in relation to wild game meat, means placing wrapped wild game meat into a receptacle as well as the receptacle itself, and "package" shall be construed accordingly;

"PIA" means a plant inspection assistant, being a person who is authorised in accordance with regulation 9;

"potable water" has the same meaning as in the Food Safety (General Food Hygiene) Regulations 1995(6);

"premises" means any wild game processing facility;

"relevant EEA State" means an EEA State other than Iceland;

"re-wrapping centre" means any re-wrapping centre licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;

"small wild game" means wild mammals of the Leporidae family and wild birds intended for human consumption;

"third country" means a country which is not a relevant EEA State;

"veterinary officer" means a veterinary officer of the Minister of Agriculture, Fisheries and Food;

"viscera" means offal from the thoracic, abdominal and pelvic cavities, including the trachea and the oesophagus;

"wild game" means-

"wild game meat" means all parts of wild game which are suitable for human consumption and which have not undergone any preserving process other than chilling, freezing, vacuum wrapping or wrapping in a controlled atmosphere;

"wild game processing facility" means any establishment used for the purpose of dressing or cutting up wild game, the meat derived from which is intended for sale for human consumption; and

"wrapping", in relation to the protection of wild game meat, means placing in material which comes into direct contact with such meat as well as the material itself.

(2) Except in so far as the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

(3) Nothing in these Regulations shall be construed as derogating from the provisions of the Animal Health Act 1981(7) or of any order made thereunder.

PART IILICENSING OF WILD GAME PROCESSING FACILITIES

Issue of licences

3.-(1) No person shall use any wild game processing facility for the purpose of dressing or cutting up wild game, the meat derived from which is intended for consignment, or sale for consignment, to a relevant EEA State for human consumption, unless that wild game processing facility is currently licensed under these Regulations.

(2) Without prejudice to paragraph (6) below, the Minister, on application made to him under this regulation, shall license the wild game processing facility to which the application relates if he is satisfied that-

(a)where only wild game meat is handled, it complies with the requirements of Schedule 1 or the occupier of the premises has agreed a work plan with the Minister to carry out and complete works at the premises necessary to comply with those requirements on or before 31 December 1995, the method of operation in those premises complies with the requirements of Schedules 2 to 6 and there is no significant risk either that facilities for inspection under Schedule 4 will be denied or that any wild game meat condemned under those Schedules will be used for human consumption; or

(b)where fresh meat and wild game meat are handled, it is an establishment licensed under the Hygiene Regulations and-

(i)the method of operation in the establishment, in relation to wild game meat, complies, in so far as is necessary for the type of operations carried out in the establishment, with the requirements of Schedules 2 to 6 and there is no significant risk either that the facilities for inspection under Schedule 4 will be denied or that any wild game meat condemned under those Schedules will be used for human consumption; and

(ii)wild game meat will be handled separately or at different times from fresh meat and measures will be taken to identify clearly the different types of meat;

and shall refuse to grant a licence if he is not so satisfied.

(3) Each application for a licence under this regulation shall be made in writing to the Minister by the occupier of the premises to which the application relates.

(4) The Minister shall notify the applicant in writing of his decision on the application and of his reasons for any refusal to grant a licence.

(5) Any licence granted in respect of any premises under this regulation shall be subject to the condition that any significant alteration to the premises or the equipment or method of operation in those premises shall comply with the provisions of these Regulations.

(6) In granting a licence in respect of any premises under this regulation the Minister may make that licence subject to conditions-

(a)in respect of the type or species of wild game which may be processed there; and

(b)as to the operations which may be carried out there.

(7) Where the Minister has refused to grant a licence under this regulation or granted a licence subject to any condition imposed pursuant to paragraph (6) above, the notification under paragraph (4) above shall state the right of appeal to a Meat Hygiene Appeals Tribunal, for which provision is made in regulation 5, and the time within which an appeal shall be lodged.

Revocation of licences

4.-(1) The Minister may revoke a licence granted by him under regulation 3 in respect of any premises and, where appropriate, require the withdrawal of the equipment for application of the health mark if, after an inspection of, or an inquiry into, the operation or structure of the premises and a report by an OVS or veterinary officer, he is satisfied that-

(a)the conditions of hygiene at those premises are inadequate and the occupier has failed to take the necessary measures to make good the shortcomings within such period as the Minister may specify;

(b)any requirement of these Regulations as to hygiene has not been complied with and inadequate or no action has been taken to ensure that a similar breach does not occur in future;

(c)any agreement made by the occupier with the Minister to carry out and complete any works referred to in regulation 3(2)(a) has not been complied with;

(d)any condition attached to the licence in accordance with regulation 3(5) or (6) has not been complied with; or

(e)the premises no longer fall within these Regulations because the business carried on at the premises has ceased to include the consignment or sale for consignment to a relevant EEA State of wild game meat for human consumption.

(2) The Minister shall forthwith notify the occupier in writing of his decision under paragraph (1) above to revoke any licence granted under these Regulations, of the date on which any revocation is to take effect and of the reasons for such revocation.

(3) Any notification under paragraph (2) above must state the right of appeal to a Meat Hygiene Appeals Tribunal, for which provision is made in regulation 5, and the time within which an appeal must be lodged.

(4) In paragraph (2) above "occupier", in relation to a proposed revocation by virtue of paragraph (1) (e) above where the premises are vacant, means the last person known to the Minister to have carried on at the premises the business for which the licence was granted or his successor in respect of that business.

Appeals

5.-(1) Where the Minister has refused to license any premises or granted a licence with conditions under regulation 3, or revoked the licence of any premises under regulation 4, the occupier of those premises may, within 28 days of the date of the refusal, grant or revocation, appeal to a Meat Hygiene Appeals Tribunal.

(2) The provisions of Schedule 12 shall apply in respect of the constitution, appointment of members, remuneration of members and staffing of a Meat Hygiene Appeals Tribunal.

(3) Where on an appeal under paragraph (1) above a Meat Hygiene Appeals Tribunal determines that the grant of a licence should not have been refused, that unreasonable conditions have been attached to a licence or that a licence should not have been revoked, the Minister shall give effect to the determination of the Tribunal.

(4) Without prejudice to sections 9 to 13 of the Act, where the Minister has refused to license any premises under regulation 3 or revoked the licence of any premises under regulation 4, a person who, immediately before such refusal or revocation, had been lawfully using those premises for the dressing or cutting up of wild game may continue to use them for that purpose, subject to any reasonable conditions imposed by the Minister for the protection of public health, until the time for appealing has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.

PART IIISUPERVISION AND CONTROL OF PREMISES

Supervision of premises

6.-(1) The Minister may designate veterinary surgeons as OVSs and shall, in relation to any licensed premises, appoint one or more OVSs, in each case to be an authorised officer of the Minister authorised to act in relation to the examination and seizure of wild game meat, to provide the health certification of wild game meat and to be responsible for the following functions in relation to those premises-

(a)the post mortem health inspection of wild game in accordance with Schedule 4;

(b)the approval as fit, or the condemnation as unfit, for human consumption of wild game meat in accordance with Schedule 5;

(c)where appropriate, the examination of the meat of wild boar for trichinellosis;

(d)the health marking of wild game meat in accordance with Schedule 7;

(e)securing the observance of the requirements of Schedules 1, 2, 3, 6, 8 and 9; and

(f)the carrying out of any necessary training, and the supervision, of PIAs.

(2) The Minister shall, in relation to any licensed premises, appoint such number of other persons to act as inspectors in relation to the functions specified in paragraphs (1) (a) to (f) above as appears to him to be necessary for the proper performance of those functions.

(3) An inspector appointed under paragraph (2) above shall act under the supervision and responsibility of an OVS.

(4) In considering whether it is necessary to appoint any inspector or inspectors in relation to any licensed premises processing small wild game, the Minister shall have regard to the availability in those premises of any PIAs.

(5) A veterinary surgeon designated as an OVS under regulation 8 of the Hygiene Regulations shall, in relation to any cold store or re-wrapping centre to which he is appointed under those Regulations and which handles wild game meat, be responsible for ensuring that the requirements of Schedules 8 and 9 to these Regulations are observed and that the health mark is applied in accordance with Schedule 7 to these Regulations in those establishments.

(6) An inspector appointed under regulation 8 of the Hygiene Regulations may, in relation to any cold store or re-wrapping centre to which he is appointed under those Regulations and which handles wild game meat, act as an inspector in relation to securing the observance of Schedules 8 and 9 to these Regulations, and the application of the health mark in accordance with Schedule 7 to these Regulations, in those establishments.

Revocation and suspension of designations of OVSs

7.-(1) Subject to paragraphs (2) and (3) below, the Minister may, at any time, revoke or suspend the designation of any person as an OVS if it appears to the Minister that such person is unfit to perform one or more of the functions of an OVS under these Regulations.

(2) Where the Minister revokes or suspends a designation under paragraph (1) above, he shall, as soon as possible, give to the person whose designation has been revoked or suspended a notice in writing of the reasons for the revocation or suspension and shall afford him an opportunity to make representations in writing to the Minister with regard to the revocation or suspension or to be heard by a person appointed for the purpose by the Minister.

(3) A notice given under paragraph (2) above shall inform the person to whom it is given of his rights to make representations in writing and to be heard, of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations or an application for an opportunity to be heard may be made; and, in the event of the designated person making any representations (whether orally or in writing) to the Minister under this paragraph, the Minister shall reconsider whether that person is unfit to perform one or more of the functions of an OVS under these Regulations and shall reconsider, as soon as practicable, his decision to revoke or suspend the designation under paragraph (1) above in the light of those representations.

Powers of OVSs and veterinary officers

8.-(1) Where it appears to an OVS that in respect of any licensed premises to which he is appointed-

(a)any of the requirements of these Regulations as to hygiene is being breached;

(b)adequate health inspection in accordance with these Regulations is being hampered; or

(c)the requirements of regulation 15(3) have not been complied with,

he may, by notice in writing given to the occupier of the premises-

(i)prohibit the use of any equipment or any part of the premises specified in the notice; or

(ii)require the rate of operation to be reduced to such an extent as is specified in the notice,

and the occupier shall comply with the notice.

(2) A person who is aggrieved by a decision of an OVS pursuant to paragraph (1) above may appeal to a magistrates' court or, in Scotland, to the sheriff in accordance with section 37(3) to (5) of the Act.

(3) A notice given under paragraph (1) above shall specify the breach of the Regulations that has occurred, the action needed in order to remedy it and the details specified in section 37(6) of the Act, and-

(a)such a notice shall be withdrawn by a further notice in writing given by an OVS, or by an inspector acting under the authority of an OVS, to the occupier of the premises as soon as an OVS or such inspector is satisfied that such action has been taken; and

(b)so long as such a notice is in effect, the licence in respect of the premises shall be treated as being altered by the addition of the requirements specified in the notice and the other provisions of the licence shall be subject to those requirements.

(4) An OVS, in relation to any premises to which he is appointed, or a veterinary officer, may subject any killed wild game or wild game meat in any licensed premises to such examinations (including the taking and analysis of samples) as he may reasonably consider to be necessary for the protection of public health; and an OVS, a veterinary officer or an inspector may, by notice in writing given to the occupier of any such premises, state that he requires to examine on the premises any killed wild game or wild game meat specified in the notice, and once such notice is received the occupier shall detain any such game or meat until such time as he is informed in writing by the OVS, veterinary officer or inspector (as the case may be) that the result of any such examination has been obtained.

(5) A veterinary officer may at any time give to an OVS such reasonable directions as he may consider necessary to ensure that the duties and functions of such a person under these Regulations are being complied with, and the OVS shall comply with those directions.

Authorisation of PIAs

9.-(1) The Minister may, in relation to any licensed premises processing small wild game, authorise persons employed at those premises to act as PIAs to perform the function specified in Schedule 4 in relation to small wild game.

(2) No person shall act as a PIA unless that person is authorised under paragraph (1) above and supervised by an OVS.

(3) Subject to paragraphs (4) and (5) below, the Minister may at any time revoke or suspend the authorisation of any person as a PIA if it appears to him, on the basis of a report by a veterinary officer or an OVS, that-

(a)such person is unfit to perform the functions specified in Schedule 4 or has failed to perform such functions in accordance with these Regulations; or

(b)such person ceases to be employed at the premises in relation to which he was authorised to act.

(4) Where the Minister revokes or suspends an authorisation granted under paragraph (1) above, he shall, as soon as possible, give to the person whose authorisation has been revoked or suspended notice in writing of the reasons for such revocation or suspension and shall afford him an opportunity to make representations in writing to the Minister with regard to the revocation or suspension or to be heard by a person appointed for the purpose by the Minister.

(5) A notice given under paragraph (4) above shall inform the person to whom it is given of his rights to make representations in writing and to be heard and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations or an application for an opportunity to be heard may be made; and, in the event of that person making any representations (whether orally or in writing) to the Minister under this paragraph, the Minister shall reconsider whether that person is unfit to act or has failed to perform his functions as a PIA under these Regulations and shall reconsider, as soon as practicable, his decision to revoke or suspend the authorisation under paragraph (3) above in the light of those representations.

Inspection and health marking

10.-(1) The Minister shall arrange for post-mortem health inspections to be carried out at all licensed premises in accordance with Schedule 4.

(2) Where wild game meat has been passed as fit for human consumption in accordance with Part I of Schedule 5 following post-mortem health inspection and complies with the requirements of these Regulations, the health mark shall be applied to it in accordance with the requirements of Schedule 7, and no other meat shall be so marked.

(3) Meat derived from unskinned large wild game shall not bear the health mark.

(4) No person shall remove, or cause or permit to be removed, from any licensed premises any carcase, part of a carcase or offal intended for consignment or sale for consignment to a relevant EEA State for human consumption unless it has been inspected in accordance with these Regulations.

(5) The health mark shall be applied by persons acting under the responsibility of an OVS, and no other person shall apply the health mark or possess or use the equipment for applying the health mark.

(6) The equipment for applying the health mark and any labels, wrapping or seals on which the health mark is printed shall be kept under the responsibility of the OVS.

(7) No person shall use any mark so resembling a health mark, or in such a way, as to be likely to suggest that the product has been produced in accordance with these Regulations.

Notice of operation of licensed premises

11.-(1) Subject to paragraph (3) below, no person shall operate any licensed premises to produce wild game meat intended for consignment or sale for consignment to a relevant EEA State for human consumption unless he has notified the Minister, in accordance with paragraph (2) below, of the day on which, times between which and place at which they are to be operated.

(2) The notification referred to in paragraph (1) above shall be given to the Minister not less than 72 hours before the commencement of such operation except where the Minister has agreed with the person required to give such notice that he will accept notice of a shorter duration, in which case such person shall give to the Minister notice of such agreed duration.

(3) Where it is the regular practice in any licensed premises to operate at fixed times on fixed days and written notice of the practice has been given to and accepted by the Minister, this shall, as respects any operation in accordance with such practice, be regarded as adequate compliance with the requirements in paragraphs (1) and (2) above.

PART IVCONDITIONS FOR THE MARKETING OF WILD GAME MEAT

General conditions

12.-(1) Subject, where appropriate, to paragraphs (3) and (4) below, no person shall consign, or sell for consignment, to a relevant EEA State wild game meat for human consumption unless-

(a)it has been obtained from licensed premises which are supervised in accordance with regulation 6 or from a cold store or re-wrapping centre;

(b)it comes from wild game which-

(i)has been killed by hunting;

(ii)does not come from a region subject to restrictions pursuant to Council Directives 72/461/EEC(8), 91/494/EEC(9) and 91/495/EEC(10);

(iii)immediately after killing has been prepared in accordance with paragraph 1 of Schedule 3 and transported to licensed premises under satisfactory hygiene conditions within a reasonable time and at such temperatures that the inspections required by Schedule 4 can be carried out; and

(iv)has been handled under hygienic conditions in accordance with Schedules 3 and 6;

(c)it comes from the body of a wild game animal which has been subjected to a post-mortem health inspection in accordance with Schedule 4 and approved as fit for human consumption in accordance with Part I of Schedule 5;

(d)in the case of small wild game, a representative sample of such killed game from the same source or batch (as described in paragraph 2(a) of Schedule 3) has undergone an inspection in accordance with Schedule 4;

(e)it has been given a health mark in accordance with Schedule 7 and, where appropriate, Schedule 13;

(f)it is accompanied during transportation from licensed premises, from a cold store or from a re-wrapping centre, by a commercial document or by a veterinary health certificate in accordance with regulation 13 below;

(g)it has been stored after the post-mortem health inspection in licensed premises under hygienic conditions in accordance with paragraph 2(g) of Schedule 3 or in a cold store or re-wrapping centre under conditions equivalent to those set out in that provision;

(h)if it is wrapped or packaged, it has been wrapped or packaged under hygienic conditions in accordance with Schedule 8; and

(i)where it is being or has been transported to licensed premises or to a cold store or re-wrapping centre, it is being or has been transported under hygienic conditions in accordance with Schedule 9.

(2) Subject where appropriate to paragraphs (3) and (4) below, no person shall consign, or sell for consignment, to a relevant EEA State for human consumption-

(a)wild game meat which has been condemned as unfit for human consumption in accordance with Part II of Schedule 5;

(b)wild game meat which has been treated with ionising or ultra-violet radiation;

(c)wild game meat which has been treated with colourings other than those used for health marking;

(d)wild game meat obtained from animals which have ingested substances which are likely to make the meat dangerous or harmful to human health;

(e)offal of large wild game declared fit for human consumption unless it has undergone appropriate treatment in accordance with Council Directive 77/99/EEC(11), as amended and updated by Council Directive 92/5/EEC(12);

(f)unskinned or unplucked and uneviscerated small wild game which has been frozen or which has not been handled and stored separately from fresh meat and skinned or plucked wild game meat; or

(g)unskinned large wild game unless-

(i)it meets the requirements of paragraph (1)(b)(i) and (ii) above;

(ii)it has undergone a visual inspection by an inspector;

(iii)such viscera as originally accompanied the game to the premises have undergone post-mortem inspection in a licensed premises;

(iv)it is accompanied by the veterinary health certificate set out in Schedule 10;

(v)it has been cooled to a temperature of between-

(aa)-1°C and +7°C and kept at that temperature during transportation to a wild game processing facility, which transportation must have taken place within 7 days of the post-mortem inspection referred to in (iii) above; or

(bb)-1°C and +1°C and kept at that temperature during transportation to a wild game processing facility, which transportation must have taken place within 15 days of the post-mortem inspection referred to in (iii) above.

(3) Paragraphs (1) and (2) above shall not apply to killed wild game or parts thereof carried by travellers in their private vehicle and intended for their personal consumption, or wild game meat sent as small packages to private persons, provided that in either case only 10 small wild game or a single large wild game animal is involved and that the meat does not come from a country or part of a country from which such trade is prohibited.

(4) Paragraph (1) above shall not apply to wild game meat imported from a relevant EEA State or third countries, save that wild game meat so imported shall be handled in accordance with these Regulations.

Transport documentation

13.-(1) The occupier of any licensed premises, cold store or re-wrapping centre shall ensure that wild game meat intended for consignment to a relevant EEA State shall be accompanied during transportation from the premises by-

(a)in the case of wild game meat which-

(i)is obtained from licensed premises, a cold store or a re-wrapping centre situated in a region or area subject to a prohibition or restriction under the Animal Health Act 1981; or

(ii)will be transported through a third country in a sealed vehicle,

the veterinary health certificate set out in Schedule 11; and

(b)in any other case, by an invoice or delivery note containing the following information:

(i)the name and address of the consignor and the consignee;

(ii)the approval number of the premises, cold store or re-wrapping centre from which the wild game meat is to be transported;

(iii)the date of issue of such delivery note or invoice and a number enabling it to be identified;

(iv)a description of the product transported;

(v)the total quantity despatched;

(vi)in the case of frozen wild game meat, the month and year of freezing; and

(vii)the information provided for in paragraph 1 of Schedule 7.

(2) The occupier of any licensed premises shall ensure that unskinned large wild game carcases intended for consignment to a relevant EEA State are accompanied during transportation from the premises by-

(a)in the case of an unskinned large wild game carcase which-

(i)is obtained from licensed premises situated in a region or area subject to a prohibition or restriction under the Animal Health Act 1981; or

(ii)will be transported through a third country in a sealed vehicle,

the veterinary health certificate set out in Schedule 11; and

(b)in any other case, by the veterinary health certificate set out in Schedule 10.

PART VADMINISTRATION, PENALTIES AND ENFORCEMENT

Records of inspections

14.-(1) The Minister shall keep in respect of individual licensed premises, where appropriate, a record of the results of post-mortem health inspections for the purpose of compliance with the provisions of Council Directive 92/45/EEC(13).

(2) The Minister shall retain any record of such an inspection until the end of the period of 1 year commencing with the date of the inspection to which it relates.

Duties of occupier

15.-(1) The occupier of any licensed premises shall-

(a)keep, and retain for a period of at least one year from its date, a record adequate to show the source and quantity of killed wild game and wild game meat received into, and despatched from, the premises during each week;

(b)take all practicable steps to secure compliance by any of his employees or by any person invited on to the premises with the provisions of these Regulations;

(c)ensure that any OVS, inspector or veterinary officer is provided with adequate facilities so as to enable him to carry out his duties under these Regulations and that he is given such reasonable assistance and access to records as he may from time to time require for that purpose;

(d)take all necessary measures to ensure that, at all stages of production, the requirements of these Regulations are complied with and carry out checks (including any microbiological checks that the Minister may require) on the general hygiene of conditions of production in his establishment to ensure that all equipment, machinery, instruments, fittings, facilities and wild game meat, comply with the requirements of these Regulations;

(e)take all necessary measures to ensure-

(i)that a record in permanent form, which shall be made available to the OVS or inspector upon request, is kept in respect of the matters specified in sub-paragraph (d) above for a period of at least one year from the date of such record;

(ii)the proper application of the health mark, as provided for in regulation 10(2), including any labels, wrapping or seals on which the health mark is printed;

(iii)that the OVS or inspector is notified immediately when any information at the occupier's disposal reveals a serious health risk; and

(iv)in the event of a serious health risk, the withdrawal of wild game meat which has been obtained under or stored in similar conditions (as the case may be) and is likely to present the same risk; and

(f)ensure that wild game meat is transported in accordance with Schedule 9.

(2) The occupier of any licensed premises shall arrange or establish, in consultation with the OVS, a staff training programme to train staff to comply with hygiene requirements appropriate to the operations that they perform in those premises.

(3) Where the occupier of any licensed premises has informed the Minister that a specified number of PIAs are, or will be made, available at those premises, he shall ensure that such PIAs-

(a)are present at the times notified to him by the OVS appointed in respect of those premises; and

(b)carry out the functions specified in Schedule 4 as directed by such OVS.

Offences and penalties

16.-(1) If any person contravenes-

(a)regulation 8(1); or

(b)regulation 11(1),

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) if any person contravenes-

(a)any other provision of these Regulations; or

(b)a condition imposed by the Minister under regulation 5(4),

he shall be guilty of an offence and shall be liable-

(i)on summary conviction, to a fine not exceeding the statutory maximum; or

(ii)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or both.

(3) Neither paragraph (1) nor paragraph (2) above applies to anything done or omitted by the Minister.

(4) No prosecution for an offence under any of the provisions mentioned in paragraphs (1) and (2) above shall be begun after the expiry of-

(a)three years from the commission of the offence; or

(b)one year from its discovery by the prosecutor,

whichever is the earlier.

Application of various sections of the Act

17. The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to the Regulations-

• section 2 (extended meaning of "sale" etc.);

• section 3 (presumptions that food intended for human consumption);

• section 9 (inspection and seizure of suspected food) with the modification that it shall apply to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority;

• section 20 (offences due to fault of another person);

• section 21 (defence of due diligence);

• section 33 (obstruction, etc. of officers);

• section 36 (offences by bodies corporate), subject to the modification that a reference to a body corporate shall include a Scottish partnership and a reference to a director shall include a partner in a Scottish partnership; and

• section 44 (protection of officers acting in good faith).

Enforcement

18. These Regulations shall be enforced and executed by the Minister of Agriculture, Fisheries and Food in relation to England and the Secretary of State in relation to Scotland and Wales.

Wild game meat from Northern Ireland, the Isle of Man and the Channel Islands

19.-(1) No person shall consign or sell for consignment to a relevant EEA State for human consumption wild game meat produced in a place to which this regulation applies unless it was produced at premises in that place in accordance with legislative provisions having effect in that place and corresponding to regulation 3 and paragraph 1 of Schedule 7.

(2) The places to which this regulation applies are Northern Ireland, the Isle of Man and the Channel Islands.

Amendments

20.-(1) At the end of sub-paragraph (b) (v) of the definition of "food business" in regulation 2(1) of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966(14) there shall be added-

"(vi)to which the Wild Game Meat (Hygiene and Inspection) Regulations 1995 apply.".

(2) At the end of regulation 3(2)(b) of the Food Hygiene (General) Regulations 1970(15) there shall be added-

"(v)the Wild Game Meat (Hygiene and Inspection) Regulations 1995.".

(3) At the end of regulation 3(2) of the Food Premises (Registration) Regulations 1991(16) there shall be added-

"(g)as a wild game processing facility in respect of which a licence is required under regulation 3 of the Wild Game Meat (Hygiene and Inspection) Regulations 1995.".

(4) In the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992(17)-

(a)for regulation 1(2) there shall be substituted the following-

"(2) Any reference in these Regulations to a Chairman or Secretary shall be a reference to the Chairman or Secretary appointed for the purposes of:-

(a)regulation 6 of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995;

(b)regulation 6 of, and Schedule 15 to, the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995; or

(c)regulation 5 of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995."; and

(b)in regulation 2, after the words "or the revocation of the licence of any premises" there shall be substituted the following-

• "under-

  (a)

  regulation 4 or 5, as the case may be, of the Fresh Meat (Hygiene and Inspection) Regulations 1995;

  (b)

  regulation 4 or 5, as the case may be, of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995; or

  (c)

  regulation 3 or 4, as the case may be, of the Wild Game Meat (Hygiene and Inspection) Regulations 1995.".

(5) In the Meat (Hygiene, Inspection and Examination for Residues) (Charges) Regulations 1995(18)-

(a)in regulation 2(1), in the definition of "PIA salary costs", after "Poultry Meat Regulations" there shall be inserted-

• "or regulation 9 of the Wild Game Meat (Hygiene and Inspection) Regulations 1995";

(b)at the end of regulation 2(1) after the definition of "slaughterhouse" there shall be added-

• ""wild game" means-

  (a)

  wild land mammals which are hunted (including wild mammals living within an enclosed area under conditions of freedom similar to those enjoyed by wild game); and

  (b)

  wild birds.";

(c)in regulation 9, after "game" there shall be inserted "and wild game"; and

(d)after paragraph (b) of Schedule 2 there shall be added-

"(c)the Wild Game Meat (Hygiene and Inspection) Regulations 1995.".

(6) In the Fresh Meat (Hygiene and Inspection) Regulations 1995-

(a)in regulation 2(1), for the definitions of "wild game", "wild game meat" and "large wild game", there shall be substituted the following-

• ""wild game", "wild game meat", "large wild game" and "small wild game" have the meanings given to them by regulation 2(1) of the Wild Game Meat (Hygiene and Inspection) Regulations 1995;";

(b)in regulation 22, after the words "section 3 (presumption that food is intended for sale for human consumption);" there shall be inserted the following paragraph-

• "section 9 (inspection and seizure of suspected food) with the modification that it shall apply to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority;"; and

(c)in paragraph 2 of Schedule 14, after sub-paragraph (d) there shall be added-

"(e)wild game meat is kept at a temperature which must not at any time exceed -12°C if frozen or, if chilled, +4°C in the case of small wild game and +7°C in the case of large wild game.".

(7) In the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995-

(a)in regulation 2(1), for the definition of "small wild game" there shall be substituted the following-

• ""small wild game" and "wild game meat" have the meanings given to them by regulation 2(1) of the Wild Game Meat (Hygiene and Inspection) Regulations 1995;";

(b)in regulation 20(2)(a), for "or 19(3)" there shall be substituted, "19(3) or 25";

(c)in regulation 24, after the words "section 3 (presumption that food is intended for sale for human consumption);" there shall be inserted the following paragraph-

• "section 9 (inspection and seizure of suspected food) with the modification that it shall apply to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority;"; and

(d)in Schedule 12, after paragraph 3 there shall be added-

"4. Wild game meat derived from small wild game shall be chilled or frozen and kept at a temperature which must not at any time exceed +4°C if chilled or -12°C if frozen.".

(8) In regulation 3 of the Food Safety (General Food Hygiene) Regulations 1995(19), after paragraph 2(k) there shall be added-

"(1) the Wild Game Meat (Hygiene and Inspection) Regulations 1995.".

Regulations 3(2)(a) and 6(1)(e)

SCHEDULE 1CONSTRUCTION, LAYOUT AND EQUIPMENT OF WILD GAME PROCESSING FACILITIES

All wild game processing facilities shall have, in so far as is necessary for the operations carried out in the establishment-

(a)the following rooms-

(i)a sufficiently large refrigerated room for reception of the bodies of wild game;

(ii)a room for inspection, evisceration, skinning and plucking;

(iii)a sufficiently large room for cutting up, boning and wrapping, which shall have an adequate chilling facility as well as a thermometer;

(iv)a room for packaging, except that packaging may take place in the same room as cutting up, boning and wrapping provided the requirements of paragraph 2 of Part II of Schedule 8 are observed; and

(v)sufficiently large and separate chilling or refrigeration rooms for storing wild game meat.

(b)in rooms where wild game meat is produced, worked on or stored and in areas and corridors through which wild game meat is transported-

(i)waterproof flooring which is easy to clean and disinfect, rot proof and laid in such a way as to facilitate the draining of water, the water being directed towards drains fitted with gratings and traps to prevent odours; save that in rooms provided for the chilling or refrigeration of wild game meat a device with which water may be easily removed will be sufficient; and, in storerooms and in areas and corridors through which wild game meat is transported, waterproof and rot proof flooring is sufficient;

(ii)smooth, durable, impermeable walls, with a light-coloured, washable coating up to a height of at least 2 metres or the ceiling height if lower; in chilling or refrigeration rooms the walls must be coated at least to storage height; save that, in stores in premises in operation on 20 July 1992, the use of existing wooden walls is permitted;

(iii)easily cleaned wall-to-floor junctions;

(iv)doors in hard-wearing, non-corrodible material and, if of wood, with a smooth and impermeable covering on all surfaces;

(v)insulation materials which are rot proof and odourless;

(vi)adequate ventilation and extraction of steam;

(vii)adequate natural or artificial lighting in all of the rooms listed in sub-paragraph (a) above, which lighting shall not distort colours; and

(viii)a clean and easily cleaned ceiling; failing that, a roof covering with an interior surface which fulfils these conditions;

(c)at places readily accessible to the work stations and sanitary conveniences, suitable and sufficient facilities, that is to say-

(i)an adequate supply (provided otherwise than by taps operable by hand) of hot and cold running water, or pre-mixed running water at a suitable temperature, and sufficient provision for the cleaning and disinfecting of hands by persons handling wild game meat; and

(ii)an hygienic means of drying hands;

(d)in rooms where work on wild game is undertaken, suitable and sufficient facilities, readily accessible to the work stations, for the disinfecting of knives and other hand tools, such facilities to be adequately supplied with water which shall be maintained at a temperature of not less than 82°C;

(e)appropriate arrangements for protection against pests such as insects and rodents;

(f)equipment and fittings-

(i)of corrosion-resistant material (not being made of wood) not liable to taint wild game meat;

(ii)that are easy to clean and disinfect;

(iii)if to be used for handling, storing or transporting wild game meat, to be so constructed that wild game meat and the base of any receptacles containing such meat do not come into contact with the floor or walls; and

(iv)with all surfaces likely to come into contact with unpackaged fresh meat kept smooth and easy to clean;

save that the use of wood is permitted in rooms where only packaged wild game meat is stored;

(g)facilities for the hygienic handling and protection of wild game meat during loading and unloading;

(h)unless wild game meat which is not intended for human consumption is removed or destroyed at the end of each working day-

(i)a separate room, capable of being securely locked; or

(ii)where the quantity of such meat is not sufficient to necessitate the provision of a separate room, special watertight non-corrodible containers with lids and fasteners to prevent unauthorised persons from removing things from them;

and any conduits used to transport such meat shall be so constructed and installed as to avoid risk of contamination to wild game meat intended for human consumption;

(i)a suitable and separate place, container or room for the isolation of wild game meat requiring further examination by the OVS or inspector, such facilities to be so arranged that the detained meat cannot come into contact with meat that is not under detention;

(j)facilities for the hygienic storage of materials for wrapping and packaging;

(k)refrigeration equipment to keep the internal temperature of wild game meat at the levels required by these Regulations, such equipment to have a drainage system which avoids risk of contamination of such meat;

(l)a sufficient, clean and wholesome supply of hot and cold potable water, or potable water premixed to a suitable temperature, available at an adequate pressure; and which permits the separation of any other water so that it may be used only for the purpose of fire fighting or the operation of refrigerators or steam boilers, so that pipes carrying such water shall be arranged so as not to allow any such water to be used for any other purpose, and so that all such pipes shall be clearly distinguished from those used for water which is clean and wholesome and shall present no risk of contamination to wild game meat;

(m)liquid and solid waste disposal systems which meet hygiene requirements;

(n)adequate and suitable facilities for the exclusive use of the OVS and inspectors;

(o)facilities enabling the veterinary inspections provided for in these Regulations to be carried out efficiently at any time;

(p)an adequate number of changing rooms with smooth, waterproof, washable walls and floors, showers and flush lavatories, separate from any part of the premises which at any time contain wild game meat (lavatories shall not open directly on to the work rooms);

(q)a suitable and separate place (which may be situated elsewhere) and adequate equipment, for cleaning and disinfecting vehicles used for the transport of wild game meat; and

(r)a room or a secure place for the storage of detergents, disinfectants and similar substances.

Regulations 3(2)(a) and (b), 6(1)(e)

SCHEDULE 2HYGIENE REQUIREMENTS IN RELATION TO STAFF, PREMISES, EQUIPMENT AND INSTRUMENTS

1. The occupier of every wild game processing facility shall keep it, or cause it to be kept, in such a state of cleanliness and otherwise conduct it so as to prevent any risk of contamination to any wild game meat therein and, in particular shall-

(a)ensure that equipment and instruments used for working on wild game meat are kept clean and in a good state of repair;

(b)ensure that premises, instruments and working equipment including meat cutting instruments are not used for purposes other than work on wild game meat, fresh meat or meat preparations or products unless they are cleaned and disinfected before re-use;

(c)ensure that the cutting up of wild game meat is carried out at a different time, and that any room or equipment used for such operations is thoroughly cleaned and disinfected before being used again for the cutting up of fresh meat;

(d)ensure that wild game meat and the base of receptacles which contain, or may at any time contain, such meat do not come into contact with the ground;

(e)where the premises are supplied with water which is only suitable for the purpose of fire fighting or the operation of refrigerators or steam boilers, ensure that any such water is not used for any other purpose;

(f)ensure that sawdust or any similar substance is not spread on floors;

(g)ensure that all detergents, disinfectants, pesticides and rodenticides used in the premises are of such a kind and are used in such a manner as not to affect the fitness of any wild game meat intended for human consumption; and

(h)ensure that rodents, insects and other vermin are systematically destroyed.

2. Every person engaged in working on or handling wild game meat in a wild game processing facility shall-

(a)wear footwear and light-coloured working clothes, including covering for the hair of the head, and, where necessary, the neck; all of which articles shall, unless disposable, be easily cleanable, clean at the commencement of every working day and renewed during the day as necessary.

(b)wash and disinfect his hands and arms frequently during the working day and each time work is started and resumed and immediately after contact with wild game meat which he knows or suspects to be diseased;

(c)ensure that all equipment and instruments used for working on wild game meat are cleaned and subsequently disinfected in water at a temperature of not less than 82°C-

(i)prior to commencement of work;

(ii)frequently during the course of each working day;

(iii)immediately after any contact with wild game meat known or suspected to be diseased;

(iv)before re-use after any break in work; and

(v)at the end of each working day; and

(d)before being engaged to work on or handle unpackaged wild game meat, obtain a medical certificate certifying that there is no objection on public health grounds to such activities and produce such medical certificate on request to an OVS, to an inspector, or to a veterinary officer.

3. No person shall-

(a)work on or handle wild game meat if he is likely to contaminate it;

(b)wipe down any carcase or offal;

(c)inflate in any manner the carcase or any part whatsoever of any wild game intended for human consumption;

(d)leave any implements in wild game meat;

(e)use tobacco in any part of any premises which may contain wild game meat intended for human consumption or while he is handling any such meat; or

(f)bring any animal into the premises.

Regulations 3(2)(a) and (b), 6(1)(d) and 12(1)(b)(iii) and (iv), (d) and (g)

SCHEDULE 3HYGIENE REQUIREMENTS IN RESPECT OF THE PREPARATION AND HANDLING OF WILD GAME

1. The hunter shall ensure that-

(a)all wild game is accompanied to the wild game processing facility by the thoracic viscera, the liver and the spleen, which are to be kept so as to remain readily identifiable with the carcase until it has been inspected in accordance with Schedule 4;

(b)small wild game shall be totally or partially eviscerated on the spot or in the collection centre, except that this may be delayed until it arrives at the wild game processing facility, provided it can be transported there, under satisfactory hygiene conditions, within a reasonable time and at a temperature such that it is in a condition that allows the inspection provided for in Schedule 4 to be completed;

(c)the temperature of wild game meat is brought progressively towards an internal temperature of not more than +7°C in respect of large wild game and +4°C in respect of small wild game; save that where this is not practicable the wild game shall be transported, under satisfactory hygiene conditions, within a reasonable time, to a wild game processing facility at a temperature such that it is in a condition that allows the inspection provided for in Schedule 4 to be completed; and

(d)any abnormal behaviour or illness or injury of the live wild game at the time of killing, or any abnormality observed in the abdominal viscera, the lower limbs or the head prior to disposal is reported to the occupier of the wild game processing facility.

2. The occupier of any wild game processing facility shall ensure that-

(a)if it has not been carried out immediately after killing, wild game shall be eviscerated without delay, save that the lungs, heart, liver, kidneys, spleen and mediastinum may either be detached or left attached to the carcase by their natural connections; save that evisceration of small wild game shall not be necessary where a sample representative of that small wild game which came from the same source, or, if sources have been mixed into batches prior to inspection, which came from the same batch, has undergone an inspection in accordance with Schedule 4;

(b)the carcases and offal of any wild game not inspected are kept separate from the carcases or offal of any wild game already inspected in accordance with Schedule 4;

(c)any abnormality reported in accordance with paragraph 1(d) above is notified to the OVS, inspector or PIA prior to, or at the time of, the official health inspection;

(d)until the inspection has been completed in accordance with Schedule 4-

(i)no carcase or offal, or any part thereof, of any wild game is removed from the wild game processing facility;

(ii)no evidence of disease or defect in the carcase or offal is removed, modified, or obliterated; and

(iii)no mark or identification is removed from the hide or any other part;

(e)parts of wild game that are to be inspected are dressed to the extent necessary to facilitate inspection;

(f)the carcases and offal, or any part thereof, of any wild game declared unfit for human consumption are placed in the facilities referred to in sub-paragraph (h) of Schedule 1; the carcases and offal, or any part thereof, of any wild game detained for further inspection are placed in the facilities referred to in sub-paragraph (i) of Schedule 1 and until any further inspection is complete; and such wild game does not come into contact with, or contaminate, any other wild game;

(g)after post-mortem inspection, wild game meat is chilled or frozen and kept at a temperature which must not at any time exceed -12°C if frozen or, if chilled, +4°C in the case of small wild game and +7°C in the case of large wild game; and

(h)the dressing, handling, further treatment and transport of wild game meat intended for human consumption is undertaken in an hygienic manner.

Regulations 3(2)(a) and (b), 6(1)(a), 9(1), 10(1) and 12(1)(b)(iii), (c), and (d).

SCHEDULE 4POST-MORTEM HEALTH INSPECTION REQUIREMENTS

1. Subject to paragraph 2 below, killed wild game intended for human consumption must be inspected within 18 hours of entering the wild game processing facility, and any OVS, inspector or PIA-

(a)shall have regard to any report of abnormal behaviour or illness or injury of the live animal or any observed abnormality of the abdominal viscera or the head;

(b)shall carry out a visual inspection of the bodies of wild game and any organs belonging to them which are available to him, paying particular attention to-

(i)indications that death was caused other than by hunting;

(ii)signs of systemic infection;

(iii)indications of decomposition;

(iv)signs of diseases transmissible to man or animals;

(v)presence of parasites in the skin or muscular systems;

(vi)evidence consistent with poisoning or intoxication from environmental contaminants;

(vii)signs indicating the presence of veterinary drug residues, environmental contaminants or pesticides;

(viii)injuries or swelling;

(ix)presence of oedema or fluid;

(x)emaciation;

(xi)unusual colour or smell detected by sensory means; and

(xii)any visible contamination; and

(c)shall detain, in the facilities referred to in sub-paragraph 1(i) of Schedule 1 for further inspection any carcase and offal suspected of being unfit for human consumption but which requires more detailed examination before a decision can be made.

2.-(a) In the case of small wild game, the inspection described in paragraph 1 above may be carried out on a representative sample, which may be in fur or in feather, from the same source or, if the sources have been mixed into batches prior to inspection, have come from the same batch.

(b)Where such inspection reveals that any of the representative sample is unfit for human consumption, all the animals or birds from that source or batch must undergo inspection in accordance with paragraph 1 above.

Regulations 3(2)(a) and (b), 10(2) and 12(1)(c) and (2)(a)

SCHEDULE 5POST-MORTEM APPROVAL OR CONDEMNATION FACTORS

PART IWILD GAME APPROVED AS FIT FOR HUMAN CONSUMPTION

Where an inspector or an OVS is satisfied that the inspection or any other information available has revealed no evidence of any disease transmissible to humans or animals or defect or contamination that cannot be removed by rinsing or trimming, and, where appropriate, if the dressing operation has been carried out in an hygienic manner, he shall approve the killed wild game as fit for human consumption.

PART IIWILD GAME CONDEMNED AS UNFIT FOR HUMAN CONSUMPTION

An inspector or OVS shall condemn the carcase and offal as unfit for human consumption if he is satisfied that the inspection and any other information available has revealed one or more of the following-

(a)diseases or other conditions directly transmissible through the wild game meat to humans or animals;

(b)signs consistent with death other than by hunting;

(c)indications of decomposition;

(d)extensive oedema or fluid, or emaciation;

(e)signs indicating the presence of veterinary drug residues, environmental contaminants or pesticides;

(f)abnormal colour or smell associated with disease or other conditions prejudicial to health;

(g)bruising, injuries, swellings or visible contamination which cannot be removed by rinsing or trimming.

Regulations 3(2)(a) and (b), 6(1)(e) and 12(1)(b)(iv)

SCHEDULE 6HYGIENE REQUIREMENTS FOR CUTTING UP WILD GAME

The occupier of any premises shall ensure that:

(a)wild game meat is brought into the cutting room as and when required and that it remains in that room only for the minimum time required to carry out the necessary cutting up operations and that on completion of cutting up, wrapping and packaging such meat is transferred without delay to the refrigerated room referred to in sub-paragraph (a)(v) of Schedule 1 and there maintained at a temperature of no more than +7°C for large wild game meat, +4°C for small wild game meat or -12°C for frozen wild game meat;

(b)during cutting up and boning the internal temperature of large wild game meat does not exceed +7°C and the internal temperature of small wild game meat does not exceed +4°C;

(c)during cutting up operations the temperature of the cutting room does not exceed +12°C;

(d)any splinters of bone and clots of blood are removed from wild game meat during cutting up;

(e)no carcase or wild game meat is wiped down or otherwise contaminated;

(f)no implement is left in wild game meat; and

(g)wild game meat obtained from cutting up and not intended for human consumption is collected in the rooms, containers or facilities referred to in sub-paragraph (h) of Schedule 1 as it is cut up.

Regulations 2(1), 6(1)(d), (5) and (6), 10(2), 12(1)(e) and 13(1)(b)(vii)

SCHEDULE 7HEALTH MARKING

1. The health mark shall consist of-

(a)a pentagonal mark bearing, in legible form in letters at least 0.8cm and figures at least 1cm high in the case of large wild game and letters and figures at least 0.2cm high in the case of small wild game, the following information-

(i)on the upper part, the initials "UK";

(ii)in the centre, the approval number of the establishment; and

(iii)on the lower part, the letters "EC"; or

(b)a pentagonal stamp containing the information referred to in (a) above.

2. Subject to paragraph 3 below, the health mark referred to in paragraph 1(a) above shall be applied-

(a)to exposed carcases by means of hot branding, a stamp or a seal; or

(b)on or visibly beneath the wrapping or other packaging of packed carcases or of parts of carcases or offal wrapped in small quantities,

and the health mark referred to in paragraph 1(b) above shall be applied to large packaging.

3. The health marking of carcases, parts of carcases or offal as provided for in paragraph 2 above shall not be necessary in the case of small wild game in the following cases:

(a)consignments of carcases dispatched from one wild game processing facility to another for cutting therein, subject to the following conditions:

(i)the large packaging containing the fresh wild game meat shall bear on the external surface the health mark appropriate to large wild game in accordance with paragraph 1(a) above;

(ii)the dispatch office shall maintain a record of the amount, type and destination of consignments dispatched in accordance with these Regulations;

(iii)the recipient wild game processing facility shall maintain a record of the amount, type and origin of consignments received in accordance with these Regulations;

(iv)the health mark on the large packaging shall be destroyed when the large packaging is opened in the wild game processing facility under the supervision of the official veterinary surgeon; and

(v)the destination and intended use of the consignment shall be clearly indicated on the external surface of the large packaging in accordance with this paragraph;

(b)consignments of carcases dispatched from a wild game processing facility or re-wrapping centre to a meat products premises, as defined in the Meat Products (Hygiene) Regulations 1994(20), for preparation, subject to the following conditions:

(i)the large packaging containing the fresh wild game meat shall bear on the external surface the health mark appropriate to large wild game in accordance with paragraph 1(a) above;

(ii)the dispatch office shall maintain a record of the amount, type and destination of consignments dispatched in accordance with these Regulations;

(iii)the recipient meat products premises shall maintain a record of the amount, type and origin of consignments received in accordance with these Regulations;

(iv)when the wild game meat is intended for use in meat products for trade between EEA States, the health mark on the large packaging shall be destroyed when the large packaging is opened in an establishment under the supervision of the food authority or the Minister; and

(v)the destination and intended use of the consignment shall be clearly indicated on the external surface of the large packaging in accordance with this paragraph and Schedule 13; or

(c)consignments of carcases dispatched from a wild game processing facility or re-wrapping centre to restaurants, canteens and institutions for direct supply to the final consumer after heat treatment, subject to the following conditions:

(i)the large packaging containing the fresh wild game meat shall bear on the external surface the health mark appropriate to large wild game in accordance with paragraph 1(a) above;

(ii)the dispatch office shall maintain a record of the amount, type and destination of consignments dispatched in accordance with these Regulations;

(iii)the recipient outlet shall maintain a record of the amount, type and origin of consignments received in accordance with these Regulations;

(iv)those outlets shall be subject to control by the food authority, who shall be given access to the records kept; and

(v)the destination and intended use of the consignment shall be clearly indicated on the external surface of the large packaging in accordance with this paragraph and Schedule 13.

Regulations 6(1)(e), (5) and (6) and 12(1)(h)

SCHEDULE 8WRAPPING AND PACKAGING OF WILD GAME MEAT

PART IWRAPPING

1. The occupier of any licensed premises shall ensure that the wrapping operation is carried out immediately after cutting up and in an hygienic manner and the wrapping material is not re-used for wrapping wild game meat.

2. The occupier of any licensed premises, cold store or re-wrapping centre shall ensure that-

(a)any material for wrapping wild game meat does not cause a deterioration in the organoleptic characteristics of such meat or transmit to it any substance harmful to human health and that only transparent and uncoloured wrapping material is used; and

(b)wrapped wild game meat is packaged in accordance with the requirement of Part II below, save that where the wrapping material used fulfils the requirement of packaging in accordance with paragraph 1(a), (b) and (c) of Part II below, it does not in addition require to be packaged.

PART IIPACKAGING

1. The occupier of any licensed premises, cold store or re-wrapping centre shall ensure-

(a)that any material used for packaging wild game meat is strong enough to protect the meat during the course of handling and transport and does not cause a deterioration in the organoleptic characteristics of that meat or transmit to it any substance harmful to human health;

(b)that any material used for packaging wild game meat is not re-used for this purpose unless it is made of a non corrodible substance which is easy to clean and has been cleaned and disinfected prior to re-use for packaging meat; and

(c)that every package bears the health mark either on the package or on a clearly visible label or sealing tape affixed to the package and that the health mark is applied in such a way that it is torn when the package is opened.

2. The occupier of all premises in which wild game meat is cut up, wrapped and packaged in the same room shall ensure that the following conditions are observed-

(a)the packaging and wrapping material shall, during storage, be enclosed in a protective cover under hygienic conditions in the separate room provided for this purpose, and such a room shall not be connected in any way with rooms containing substances which might contaminate wild game meat;

(b)packaging and wrapping materials shall be protected from dust and vermin and such materials shall not be stored on the floor;

(c)packaging material shall be assembled under hygienic conditions before being brought into the room where wild game meat is packaged;

(d)the place in which the wild game meat is packaged shall be sufficiently large and so arranged that the hygiene of operations is assured;

(e)packaging and wrapping materials shall be brought to the room hygienically and shall be used without delay and persons who handle wild game meat shall not handle packaging unless it is non porous and corrosion resistant; and

(f)immediately after wrapping and packaging the wild game meat shall be placed in the room referred to in sub-paragraph (v) of Schedule 1.

Regulations 6(1)(e), (5) and (6) and 12(1)(i)

SCHEDULE 9TRANSPORT OF WILD GAME MEAT

1. Wild game meat transported to licensed premises, to a cold store or to a re-wrapping centre shall be loaded at a temperature of not more than +7°C for carcases and cuts of large wild game meat, +4°C for consignments of small wild game and -12°C for frozen wild game meat and shall be transported in vehicles so designed and equipped that such meat is maintained at low temperatures throughout the period of transport.

2. In respect of large wild game which meets the requirements of Regulation 12(2)(g)(i) to (v)(bb) carcases shall be loaded at a temperature of not lower than -1°C and no more than +7°C and must be transported to a wild game processing facility within the maximum period of 7 days from the post-mortem inspection; or -1°C and +1°C provided it is transported to a wild game processing facility within the maximum period of 15 days from the post-mortem inspection. Small wild game exported unskinned or unplucked and uneviscerated shall not be frozen.

3. Wild game meat shall not be transported to licensed premises, to a cold store or to a re-wrapping centre in vehicles or containers which are not properly cleaned and disinfected.

4. Vehicles used for the transport of carcases and half carcases of wild game meat shall be suitably equipped. Fittings for hanging the meat shall be provided and fixed at such a height that the meat cannot come into contact with the floor except that such fittings shall not be required where such meat is transported by aircraft in which suitable facilities have been provided.

5. Cuts of wild game meat other than carcases and half carcases shall be suspended throughout the period of transport except where such meat is transported by aircraft in which suitable facilities have been provided; otherwise, if they are not placed in packages, they shall be placed on supports of material resistant to corrosion; and the support shall be clean and corrosion resistant and packaging shall meet the requirements of Schedule 8.

Regulation 12(2)(g)(iv) and 13(2)(b)

SCHEDULE 10VETERINARY HEALTH CERTIFICATE

Regulation 13(1)(a) and (2)(a)

SCHEDULE 11VETERINARY HEALTH CERTIFICATE

Regulation 5(2)

SCHEDULE 12MEAT HYGIENE APPEALS TRIBUNAL

1. Each Tribunal shall consist of a Chairman or a Deputy Chairman and two other members.

2.-(1) The Chairman or Deputy Chairman shall be an independent person appointed by the Minister.

(2) One member shall be a person nominated by the Royal College of Veterinary Surgeons, who shall not be a member of the State Veterinary Service nor an official veterinary surgeon.

(3) One member shall be a person whom the Minister considers to be representative of the interests of licensed premises.

3. Each Tribunal may be serviced by a Secretary and such other staff as the Minister may appoint.

4. The terms of appointment and the remuneration of the members, secretary and other staff of a Tribunal shall be determined by the Minister.

Regulation 12(1)(e)

SCHEDULE 13INDICATION TO BE APPLIED TO LARGE PACKAGING

Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect, in part, to Council Directive 92/45/EEC (OJ No. L268, 14.9.92, p.35) on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat.

The Regulations require all wild game processing facilities which consign, or sell for consignment, wild game meat to another EEA State to be licensed by the Minister. Such a licence will be issued if the premises comply with the prescribed requirements as to structure and hygiene or if a work plan aimed at achieving compliance with those requirements has been agreed between the occupier of the premises and the Minister (regulation 3). Premises which are already licensed under either the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 will not need to comply separately with the structural requirements contained in Schedule 1.

A licence may be refused or granted subject to conditions (regulation 3) or revoked (regulation 4), with a right of appeal to a Meat Hygiene Appeals Tribunal (regulation 5). The procedural rules in respect of an appeal are prescribed in the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992.

There will be veterinary supervision of all licensed premises. The Minister will appoint designated Official Veterinary Surgeons (OVSs) and inspectors to supervise licensed premises (regulation 6). The Minister may revoke or suspend the designation of an OVS who is deemed to be unfit to perform his duties (regulation 7).

OVSs of the Minister may prohibit the use of equipment or the use of part of the premises or reduce the rate of operations, and a person aggrieved by such a decision may appeal (regulation 8).

The Minister may also authorise persons employed at the premises to act as PIAs and may also revoke and suspend such authorisations (regulation 9).

The health mark is to be applied to all wild game meat produced in licensed premises which is fit for human consumption. Only persons acting under the responsibility of the OVS may apply the health mark or possess or use the health mark equipment (regulation 10). Times of operation of licensed premises are controlled (regulation 11).

Subject to certain exceptions, wild game meat may not be consigned or sold for consignment to a relevant EEA State for human consumption unless it has been obtained from licensed premises or from a cold store or re-wrapping centre and been health marked; has met certain conditions regarding killing; has met the hygiene requirements specified in the Schedules; and is accompanied during transportation from licensed premises or from a cold store or re-wrapping centre by a commerical document or health certificate (regulation 12).

Except in specific circumstances (where a health certificate is appropriate), the wild game meat is to be accompanied by a commercial document.

The Minister must keep records in respect of inspections (regulation 14) and the occupier of the premises must also keep specified records (regulation 15).

The Regulations also-

(a)specify the duties of occupiers (regulation 15);

(b)create offences and prescribe penalties (regulation 16);

(c)apply various provisions of the Food Safety Act 1990 (regulation 17);

(d)specify the enforcement authorities (regulation 18);

(e)make provision for wild game meat imported from Northern Ireland, the Isle of Man and the Channel Islands (regulation 19); and

(f)amend specified Regulations (regulation 20).

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.