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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2007/20073385.html

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STATUTORY INSTRUMENTS


2007 No. 3385

FOOD, ENGLAND

The Meat (Official Controls Charges) (England) (No. 2) Regulations 2007

  Made 28th November 2007 
  Laid before Parliament 5th December 2007 
  Coming into force 31st December 2007 

The Secretary of State makes the following Regulations in exercise of the powers conferred on him by section 2(2) of the European Communities Act 1972[1].

     The Secretary of State has been designated for the purposes of that section in relation to measures relating to food (including drink) including the primary production of food[2].

     As required by Article 9 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[3] there has been open and transparent public consultation during the preparation and evaluation of the following Regulations.

Title, application and commencement
     1. These Regulations may be cited as the Meat (Official Controls Charges) (England) (No. 2) Regulations 2007, apply in relation to England only and come into force on 31st December 2007.

Interpretation
    
2. In these Regulations —

Charges
     3. —(1) The Agency shall, subject to the following provisions of this regulation, notify the operator of each slaughterhouse, game–handling establishment and cutting plant in which official controls have been exercised in any accounting period of an official controls charge in respect of those official controls as soon as practicable after the end of that period.

    (2) Where the Agency cannot comply with paragraph (1) because it has insufficient information available to it to enable it to calculate the official controls charge for any accounting period in respect of any such premises as are specified in that paragraph, it shall notify the operator of those premises of an interim charge, being such amount as the Agency estimates (having regard to the information it has) the official controls charge to be.

    (3) Where the Agency has notified an operator of an interim charge in accordance with paragraph (2), and sufficient information becomes available to the Agency to calculate the official controls charge, it shall calculate that charge and —

    (4) Any charge notified to an operator under paragraph (1), (2) or (3) shall be payable by him to the Agency on demand.

    (5) Where any agreed slaughterhouse staff costs have been used to calculate a charge falling to be notified under paragraph (1), (2) or (3), those costs shall be set off against the amount of that charge in calculating the actual charge notified thereunder, provided that no refund shall be made to the relevant operator.

    (6) Where under paragraph (3)(b) a sum is to be credited to an operator, the Agency may if it so determines pay such sum to the operator concerned instead of crediting it to him.

Withdrawal of official controls
    
4. Where the Agency has had judgment entered against an operator of any premises for any sum which is payable to it under regulation 3(4) and the operator fails within a reasonable time thereafter to satisfy the judgment, the Agency may (regardless of any other legal remedy open to it) refuse to exercise any further official controls at those premises until the judgment has been satisfied.

Information
    
5. —(1) Any person shall, on demand being made by the Agency, supply —

    (2) Any person who —

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Revocation
    
6. The Meat (Official Controls Charges) (England) Regulations 2007[9] are revoked.



Signed by authority of the Secretary of State for Health


Dawn Primarolo
Minister of State, Department of Health

28th November 2007



SCHEDULE 1
Regulation 2


DEFINITIONS OF COMMUNITY LEGISLATION


"Directive 2004/41" means Directive 2004/41/EC of the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC[
10];

"Regulation 178/2002" means 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;

"Regulation 852/2004" means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs[11] as read with Regulation 2073/2005;

"Regulation 853/2004" means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin[12] as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and Regulation 2076/2005;

"Regulation 854/2004" means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption[13] as read with Directive 2004/41, Regulation 2074/2005, Regulation 2075/2005 and Regulation 2076/2005;

"Regulation 882/2004" means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules[14] as read with Regulation 2074/2005 and Regulation 2076/2005;

"Regulation 1688/2005" means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs[15];

"Regulation 2073/2005" means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs[16];

"Regulation 2074/2005" means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004[17];

"Regulation 2075/2005" means Commission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat[18]; and

"Regulation 2076/2005" means Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004[19] .



SCHEDULE 2
Regulation 2


CALCULATION OF THE OFFICIAL CONTROLS CHARGE


The official controls charge
     1. Subject to paragraph 2, the official controls charge payable by the operator of any premises for any accounting period shall be the lower of —

     2. —(1) This paragraph applies where the official controls charge calculated under paragraph 1 for any accounting period (amount A), when added to the official controls charge payable in respect of all earlier accounting periods falling within the same financial period (amount B), produces a total (amount C) which is greater than the amount of the official controls charge which would be payable under paragraph 1 if those accounting periods were one accounting period (amount D).

    (2) Where this paragraph applies, the official controls charge payable by an operator for an accounting period shall be the amount by which amount D exceeds amount B.

    (3) In this paragraph "financial period" means—

The standard charge
     3. The standard charge for any accounting period payable by the operator of a slaughterhouse shall be calculated by multiplying the rate specified in the following Table applicable to a given type of animal by the number of animals of that type slaughtered and/or dressed there in the period.

     4. The standard charge for any accounting period payable by the operator of a game-handling establishment in respect of wild game dressed there during that period shall be calculated by multiplying the rate specified in the following Table applicable to a given type of animal that is categorised as wild game by the number of animals of that type dressed there in the period.

Type of animal Rate per type of animal in Pounds Sterling
Bovine animals  
–aged less than 8 months at slaughter 1.7670
–aged 8 months or more at slaughter 3.3788
Solipeds and equidae 3.1099
Pigs  
–carcase weight less than 25 kg 0.3534
–carcase weight equal to or greater than 25 kg 0.9189
Sheep and goats  
–carcase weight less than 12 kg 0.1237
–carcase weight between 12 and 18 kg inclusive 0.2474
–carcase weight greater than 18 kg 0.3534
Poultry  
– all broilers; all cast hens; other poultry weighing less than 2 kg 0.0071
–poultry (not being broilers or cast hens) weighing at least 2 kg (except those which are adult and weigh at least 5 kg) 0.0142
–poultry (not being broilers or cast hens) being adult and weighing at least 5 kg 0.0282
Duck and geese  
–weighing less than 2 kg 0.0071
–weighing at least 2 kg (except those which are adult and weigh at least 5 kg) 0.0142
–adult and weighing at least 5 kg 0.0282
Turkeys  
–any weight (except those which are adult and weigh at least 5 kg) 0.0169
–adult and weighing at least 5 kg 0.0282
Farmed rabbits  
–weighing less than 2 kg 0.0071
–weighing at least 2 kg (except those which are adult and weigh at least 5 kg) 0.0142
–adult and weighing at least 5 kg 0.0282
Small game birds  
–weighing less than 2 kg 0.0071
–weighing at least 2 kg (except those which are adult and weigh at least 5 kg) 0.0142
–adult and weighing at least 5 kg 0.0282
Small ground game  
–weighing less than 2 kg 0.0071
–weighing at least 2 kg (except those which are adult and weigh at least 5 kg) 0.0142
–adult and weighing at least 5 kg 0.0282
Ratites 0.9189
Land mammals  
–boars 1.0136
–ruminants of carcase weight no more than 18 kg 0.3379
–ruminants of carcase weight greater than 18 kg 0.3534

     5. The standard charge for any accounting period payable by the operator of a cutting plant or of a game-handling establishment in respect of meat brought into the plant or establishment during that period for the purposes of being cut up or boned there shall be calculated by multiplying by £2.1204 the number of tonnes of such meat.

     6. —(1) Where in respect of an accounting period the Agency incurs increased costs because of inefficiency in the operation of premises, it may, in accordance with this paragraph, add an additional charge to the standard charge incurred in relation to the premises for that period.

    (2) The additional charge shall be a sum equal to the time costs generated by the inefficiency for the accounting period concerned.

    (3) The Agency may not make an additional charge in accordance with this paragraph unless it has notified the operator of its intention to do so.

    (4) The notification referred to in sub–paragraph (3) shall be given as soon as is practicable after the Agency has concluded that it wishes to make an additional charge in accordance with this paragraph.

    (5) For the purposes of this paragraph "inefficiency" means inefficiency on the part of the operator and shall include in particular —

    (6) For the purposes of sub–paragraph (5)(d), (e) and (g), the Agency and the operator shall agree working hours and working practices and shall keep the working hours and working practices so agreed under review.

    (7) Where, following any such review, it appears to the Agency and the operator that it is appropriate to do so, they may by further agreement vary any working hours or working practices agreed pursuant to sub–paragraph (6).

    (8) Where any working hours or working practices have been varied pursuant to sub–paragraph (7) they shall be treated as having been agreed pursuant to sub–paragraph (6).

    (9) No additional charge may be made in accordance with this paragraph in respect of any increased costs incurred because of any variation in working hours or working practices which does not alter the working hours or working practices which have been agreed in accordance with sub–paragraph (6).

     7. —(1) An operator who does not agree that an additional charge is justified under paragraph 6 may request that the question be determined by a person nominated for the purpose pursuant to sub–paragraph (3)(a).

    (2) A request under sub–paragraph (1) shall be made within 1 week of the Agency giving the operator notice under paragraph 6(3).

    (3) Where an operator makes a request under sub–paragraph (1) —

    (4) The Agency shall establish and maintain a list of people who may be nominated for the purposes of this paragraph and shall consult those organisations appearing to represent operators before including any person on the list.

Time costs
     8. The time costs generated by any premises in any accounting period shall (subject to paragraphs 9 and 10) be calculated by —

     9. The time costs in respect of any official controls shall include any overtime payments or other similar allowances made to the inspector concerned under his contract of employment or contract for services for exercising those official controls.

     10. In determining the total time spent in exercising official controls, any time spent by an inspector—

shall be counted as if it were time when the inspector was exercising official controls.


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URL: http://www.bailii.org/uk/legis/num_reg/2007/20073385.html