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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Meat (Enhanced Enforcement Powers) (Wales) Regulations 2001 URL: http://www.bailii.org/wales/legis/num_reg/2001/20012198e.html |
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Made | 14th June 2001 | ||
Coming into force | 17th June 2001 |
1. | Title, application and commencement. |
2. | Amendments to the Fresh Meat (Hygiene and Inspection) Regulations 1995. |
3. | Amendments to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995. |
4. | Amendments to the Meat Products (Hygiene) Regulations 1994. |
5. | Amendments to the Minced Meat and Meat Preparations (Hygiene) Regulations 1995. |
6. | Amendments to the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992. |
7. | Amendments to the Products of Animal Origin (Import and Export) Regulations 1996. |
(b) if the person so entitled is a body corporate -
(c) (whether the person so entitled is a natural person or a body corporate) if that person has with any other person an agreement or arrangement -
(3) In paragraph (1) of regulation 3 (exemptions and savings for existing licences) the phrase "Subject to regulation 3A," shall be inserted at the beginning.
(4) The following regulation shall be inserted into Part I immediately after regulation 3 -
any fresh meat intended for human consumption unless each operation in relation to that meat required to have been carried out in compliance with these Regulations has been so carried out.
(2) Notwithstanding regulation 3(1)(f), regulations 2, 21, 22 and 23 shall apply in respect of the prohibitions imposed by paragraph (1) above.".
(5) Paragraph (1) of regulation 4 (issue of licences) shall be replaced with the following -
(6) The following paragraph shall be inserted between paragraphs (3) and (4) of regulation 4 -
(7) The following regulation shall be inserted between regulation 4 and regulation 5 (revocation of licences) -
(8) In paragraph (1)(b) of regulation 5 the words "as to hygiene" shall be revoked.
(9) Paragraph (1)(c) of regulation 5 shall be replaced with the following -
(10) The following regulation shall be inserted between regulation 5 and regulation 6 (appeals) -
(b) a notice has been served in relation to those premises pursuant to regulation 10(1), and -
(2) Where the Agency intends to suspend a licence pursuant to paragraph (1) above, it shall give notice in writing to the occupier of the premises, informing the occupier of -
(3) Insofar as a licence is suspended pursuant to paragraph (1) above, the premises in respect of which that licence was granted shall be treated for the purposes of these Regulations as if they were not licensed premises.
(4) The Agency shall lift the suspension of any licence where it is satisfied that the matters specified in the notice referred to in paragraph (2) above have been remedied or where a Meat Hygiene Appeals Tribunal has determined under regulation 6(3) that the licence should not have been suspended, and may lift the suspension of any licence in any other case.
(5) Where the Agency lifts a suspension pursuant to paragraph (4) above, it shall do so by notice specifying the date on which it is lifted.".
(11) Paragraph (1) of regulation 6 shall be replaced with the following -
the owner or occupier of, or any person proposing to occupy, the premises may within 21 days of being notified of the relevant decision of the Agency referred to above appeal to a Meat Hygiene Appeals Tribunal.".
(12) Paragraph (3) of regulation 6 shall be replaced with the following -
the Agency shall give effect to the determination of the Tribunal.".
(13) Paragraph (4) of regulation 6 shall be replaced with the following -
(5) Nothing in paragraph (4) above shall permit premises to be used if -
(14) The following regulation shall be inserted into Part II, after regulation 7 -
within 3 months of the said date of coming into force.".
(15) In paragraph (1) of regulation 8 (supervision of premises), the following sub-paragraph shall be inserted between sub-paragraphs (a) and (b) -
(16) In paragraph (1)(a) of regulation 10 (powers of OCVSs and veterinary officers) the words "as to hygiene" shall be revoked.
(17) Sub-division (ii) of regulation 10(1) shall be replaced with the following -
(18) In paragraph (1) of regulation 13 (general conditions) the following sub-paragraph shall be substituted for sub-paragraph (a) -
(19) In paragraph (1)(g) of regulation 13 the word "licensed" shall be inserted between "a" and "cold store".
(20) Paragraph (1)(a) of regulation 20 (duties of occupier) shall be replaced with the following -
(21) Paragraph (1)(e) of regulation 20 shall be replaced with the following -
(22) Paragraph (1)(f) of regulation 20 shall be replaced with the following -
(23) Paragraph (2) of regulation 20 shall be revoked.
(24) In regulation 21 (offences and penalties) -
(25) The following text shall be substituted for the existing text of regulation 23 (enforcement) -
(2) On an inspection of any meat in licensed premises in Wales, an authorised officer of the Agency may certify that the meat concerned has not been produced, stored or transported in accordance with these Regulations.
(3) On an inspection of any meat at any place in Wales other than licensed premises in Wales an authorised officer of the food authority within whose area that place is situated may certify that the meat concerned has not been produced, stored or transported in accordance with these Regulations.
(4) Where any meat is certified as mentioned in paragraph (2) or (3) above it shall be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements.".
Amendments to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995
3.
- (1) Insofar as they apply to Wales, the Poultry Meat, Farmed Game Bird and Rabbit Meat (Hygiene and Inspection) Regulations 1995 [7] shall be amended in accordance with the following paragraphs of this regulation.
(2) In paragraph (1) of regulation 2 (interpretation) the following definitions shall be inserted in the appropriate alphabetical positions -
(b) if the person so entitled is a body corporate -
(c) (whether the person so entitled is a natural person or a body corporate) if that person has with any other person an agreement or arrangement -
that other person;";
(3) In paragraph (1) of regulation 3 (exemptions and savings for existing licences) the phrase "Subject to regulation 3A," shall be inserted at the beginning.
(4) The following regulation shall be inserted into Part I immediately after regulation 3 -
any fresh meat intended for human consumption unless each operation in relation to that meat required to have been carried out in compliance with these Regulations has been so carried out.
(2) Notwithstanding regulation 3(1)(g), regulations 2, 20, 22, 23 and 24 shall apply in respect of the prohibitions imposed by paragraph (1) above.".
(5) Paragraph (1) of regulation 4 (issue of licences) shall be replaced with the following -
(6) The following paragraph shall be inserted between paragraphs (3) and (4) of regulation 4 -
(7) The following regulation shall be inserted between regulation 4 and regulation 5 (revocation of licences) -
(6) In paragraph (1)(b) of regulation 5 the words "as to hygiene" shall be revoked.
(7) Paragraph (1)(d) of regulation 5 shall be replaced with the following -
(8) The following regulation shall be inserted between regulation 5 and regulation 6 (appeals) -
(b) a notice has been served in relation to those premises pursuant to regulation 10(1), and -
(2) Where the Agency intends to suspend a licence pursuant to paragraph (1) above, it shall give notice in writing to the occupier of the premises, informing the occupier of -
(3) Insofar as a licence has been suspended pursuant to paragraph (1) above, the premises in respect of which that licence was granted shall be treated for the purposes of these Regulations as if they were not licensed premises.
(4) The Agency shall lift the suspension of any licence where it is satisfied that the matters specified in the notice referred to in paragraph (2) above have been remedied or where a Meat Hygiene Appeals Tribunal has determined under regulation 6(3) that the licence should not have been suspended, and may lift the suspension of any licence in any other case.
(5) Where the Agency lifts a suspension pursuant to paragraph (4) above, it shall do so by notice specifying the date on which it is lifted.".
(9) Paragraph (1) of regulation 6 shall be replaced with the following -
the occupier of those premises may within 21 days of being notified of the relevant decision of the Agency referred to above appeal to a Meat Hygiene Appeals Tribunal.".
(10) Paragraph (3) of regulation 6 shall be replaced with the following -
(11) Paragraph (4) of regulation 6 shall be replaced with the following -
(5) Nothing in paragraph (4) above shall permit premises to be used if -
(12) The following regulation shall be inserted into Part II, after regulation 7 -
within 3 months of the said date of coming into force.".
(13) In paragraph (1) of regulation 8 (supervision of premises), the following sub-paragraph shall be inserted between sub-paragraphs (a) and (b) -
(14) In paragraph 1(a) of regulation 10 (powers of official veterinary surgeons and veterinary officers) the words "as to hygiene" shall be revoked.
(15) Sub-division (ii) of regulation 10(1) shall be replaced with the following -
(16) In paragraph (1) of regulation 14 (general conditions) the following sub-paragraph is substituted for sub-paragraph (a) -
(17) Paragraph (1)(a) of regulation 18 (duties of occupier) shall be replaced with the following -
(18) In regulation 20 (offences and penalties) -
(c) in paragraph (3) the phrase "Nothing in paragraph (2) above shall apply" shall be substituted for the phrase "Neither paragraph (1) nor paragraph (2) above applies"; and
(d) in paragraph (4) the phrase "paragraph (2) above" shall be substituted for the phrase "any of the provisions mentioned in paragraph (1) or (2) above".
(19) The following paragraph shall be substituted for paragraph (1) of regulation 23 (enforcement) and paragraph (2) of that regulation shall be revoked -
(20) The following paragraphs shall be inserted at the end of regulation 23 -
Amendments to the Meat products (Hygiene) Regulations 1994
4.
- (1) Insofar as they apply to Wales the Meat Products (Hygiene) Regulations 1994[8] shall be amended in accordance with the following paragraphs of this regulation.
(2) In paragraph (1) of regulation 2 (interpretation) the following definitions shall be inserted in the appropriate alphabetical positions -
(b) if the person so entitled is a body corporate -
(c) (whether the person so entitled is a natural person or a body corporate) if that person has with any other person an agreement or arrangement -
that other person;";
(3) In paragraph (a) of the definition of "combined premises" in paragraph (1) of regulation 2 there shall be inserted before "a" where it appears second the phrase "or fall within the same curtilage as".
(4) In regulation 3 (exemption) the phrase "Subject to regulation 3A," shall be inserted at the beginning.
(5) The following regulation shall be inserted into Part I immediately after regulation 3 -
any meat products or other products of animal origin unless -
(2) Notwithstanding regulation 3, regulations 2, 19, 20, 21 and 22 shall apply in respect of the prohibitions imposed by paragraph (1) above.".
(6) The following paragraph shall be inserted between paragraphs (6) and (7) of regulation 4 (approvals of premises other than ambient stores, rewrapping centres and cold stores) -
(7) The following paragraph shall be inserted between paragraphs (5) and (6) of regulation 5 (approval of ambient stores, rewrapping centres and cold stores) -
(8) The following regulation shall be inserted between regulation 5 and regulation 6 (revocation of approvals) -
(9) In paragraph (1) of regulation 6, the phrase "to paragraph (3) below and" shall be revoked.
(10) The following sub-paragraph shall be inserted between sub-paragraphs (a) and (b) of paragraph (1) of regulation 6 -
(11) Paragraph (3) of regulation 6 shall be revoked.
(12) The following regulation shall be inserted between regulation 6 and regulation 7 (right of appeal) -
(b) a notice has been served in relation to those premises pursuant to regulation 19A(1), and -
(2) Where the approval authority intends to suspend an approval pursuant to paragraph (1) above, it shall give notice in writing to the occupier of the premises concerned, informing the occupier of -
(3) When an approval is suspended pursuant to paragraph (1) above, the premises in respect of which that approval was granted shall be treated for the purposes of these Regulations as if they were not approved premises.
(4) The approval authority shall lift the suspension of any approval where, first, it is satisfied that the matters specified in the notice referred to in paragraph (2) above have been remedied or, second, where a magistrates' court has determined under regulation 7(3) that the approval should not have been suspended; and the approval authority may lift the suspension of any approval in any other case.
(5) Where the approval authority lifts a suspension pursuant to paragraph (4) above, it shall do so by notice specifying the date on which it is lifted.".
(13) The following paragraph shall be substituted for paragraph (1) of regulation 7 -
may appeal to a magistrates' court.".
(14) The following paragraphs shall be substituted for paragraph (3) of regulation 7 -
the approval authority shall give effect to the determination of the court concerned.
(4) Where the approval authority has revoked the approval of any premises under regulation 6, a person who, immediately before such revocation, had been using those premises may continue to use them, subject to any reasonable conditions imposed by the approval authority for the protection of public health, unless -
(5) Nothing in paragraph (4) above shall permit premises to be used if -
(15) The following regulation shall be inserted into Part II, after regulation 7 -
(16) The following paragraphs shall be inserted at the end of regulation 19 (supervision and enforcement) -
(17) The following regulation shall be inserted between regulation 19 and regulation 20 (offences and penalties) -
the authorised officer may, by notice in writing given to the occupier of the premises concerned -
(2) A notice given under paragraph (1) above shall be given as soon as practicable and shall state why it is given.
(3) If it is given under paragraph (1)(a) above, it shall specify the breach and the action needed to remedy it.
(4) Such a notice shall be withdrawn by a further notice in writing given to the occupier of the premises as soon as an authorised officer of the enforcement authority is satisfied that such action has been taken.
(5) The issue of a notice pursuant to paragraph (1) above in respect of approved premises shall be treated for the purposes of these Regulations as the attachment of conditions to the approval for those premises."
(18) The following entry shall be inserted in the appropriate numerical position in the list of provisions of the Food Safety Act 1990 contained in regulation 21 (application of various sections of that Act) -
Amendments to the Minced Meat and Meat Preparations (Hygiene) Regulations 1995
5.
- (1) Insofar as they apply to Wales, the Minced Meat and Meat Preparations (Hygiene) Regulations 1995[9] shall be amended in accordance with the following paragraphs of this regulation.
(2) In paragraph (1) of regulation 2 (interpretation) the following definitions shall be inserted in the appropriate alphabetical positions -
(b) if the person so entitled is a body corporate -
(c) (whether the person so entitled is a natural person or a body corporate) if that person has with any other person an agreement or arrangements -
that other person;";
(3) In paragraph (a) of the definition of "combined premises" in paragraph (1) of regulation 2 there shall be inserted before "any" where it appears second the phrase "or fall within the same curtilage as".
(4) In regulation 3 (exemptions) the phrase "Subject to regulation 3A," shall be inserted at the beginning.
(5) The following regulation shall be inserted into Part I immediately after regulation 3 -
any minced meat or meat preparations unless -
(2) Notwithstanding regulation 3, regulations 2, 10, 12, 13 and 14 shall apply in relation to the prohibitions imposed by paragraph (1) above.".
(6) The following paragraph shall be inserted between paragraphs (4) and (5) of regulation 4 (approval of premises) -
(7) The following regulation shall be inserted between regulation 4 and regulation 5 (revocation of approvals) -
(8) In paragraph (1) of regulation 5, the phrase "to paragraph (3) below and" shall be revoked.
(9) Paragraph (3) of regulation 5 shall be revoked.
(10) The following sub-paragraph shall be inserted between sub-paragraphs (a) and (b) of regulation 5(1) -
(11) The following regulation shall be inserted between regulation 5 and regulation 6 (right of appeal) -
(b) a notice has been served in respect of those premises pursuant to regulation 12A(1), and -
(2) Where the approval authority intends to suspend an approval pursuant to paragraph (1) above, it shall give notice in writing to the occupier of the premises concerned, informing the occupier of -
(3) When an approval is suspended pursuant to paragraph (1) above, the premises in respect of which that approval was granted shall be treated for the purposes of these Regulations as if they were not approved premises.
(4) The approval authority shall lift the suspension of any approval where, first, it is satisfied that the matters specified in the notice referred to in paragraph (2) above have been remedied or, second, where a magistrates' court has determined under regulation 6(3) that the approval should not have been suspended; and the approval authority may lift the suspension of any approval in any other case.
(5) Where the approval authority lifts a suspension pursuant to paragraph (4) above, it shall do so by notice specifying the date on which it is lifted.".
(12) The following paragraph shall be substituted for paragraph (1) of regulation 6 -
may appeal to a magistrates' court."
(13) The following paragraphs shall be substituted for paragraph (3) of regulation 6 -
the approval authority shall give effect to the determination of the court concerned.
(4) Where the approval authority has revoked the approval of any premises under regulation 5, a person who, immediately before such revocation, had been using those premises may continue to use them, subject to any reasonable conditions imposed by the approval authority for the protection of public health, unless -
(5) Nothing in paragraph (4) above shall permit premises to be used if -
(14) The following regulation shall be inserted into Part II, after regulation 6 -
(15) The following paragraphs shall be inserted at the end of regulation 12 (supervision and enforcement) -
(16) The following regulation shall be inserted between regulation 12 and regulation 13 (offences and penalties) -
the authorised officer may, by notice in writing given to the occupier of the premises concerned -
(2) A notice given under paragraph (1) above shall be given as soon as practicable and shall state why it is given.
(3) If it is given under paragraph (1)(a) above, it shall specify the breach and the action needed to remedy it.
(4) Such a notice shall be withdrawn by a further notice in writing given to the occupier of the premises as soon as the authorised officer in question is satisfied that the remedial action specified in it has been taken.
(5) The issue of a notice pursuant to paragraph (1) above in respect of approved premises shall be treated for the purposes of these Regulations as the attachment of conditions to the approval for those premises.".
Amendments to the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992
6.
- (1) Insofar as they apply to Wales the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992[11] shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 2 (application) -
(3) In regulation 3 (reference to the Tribunal) the phrase "or against the suspension of a licence," shall be inserted before "or" where it occurs second.
Amendments to the Products of Animal Origin (Import and Export) Regulations 1996
7.
Insofar as the Products of Animal Origin (Import and Export) Regulations 1996 apply to Wales, Schedule 2 thereto shall be amended by the insertion of the following reference at the end of paragraphs 5, 6, 7 and 11 - "the Meat (Enhanced Enforcement Powers) (Wales) Regulations 2001".
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[12].
D.Elis-Thomas
The Presiding Officer of the National Assembly
14th June 2001
in each case in their application to Wales. All of the Regulations being amended extend to the whole of Great Britain.
2.
These Regulations amend the Fresh Meat (Hygiene and Inspection) Regulations 1995 (SI 1995/539, as amended)("the Fresh Meat Regulations") to provide enhanced powers of enforcement in relation to those Regulations in the light of Council Directive 64/433/EEC on health conditions for the production and marketing of fresh meat (a consolidated text of which is annexed to Council Directive 91/497/EEC (OJ No. L268, 24.9.91, p.69) and Council Directive 91/495/EEC concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat (OJ No. L268, 24.9.91, p.41).
3.
These Regulations amend regulation 3 of the Fresh Meat Regulations (which specifies circumstances in which those Regulations do not apply) and impose new obligations on persons engaged in activities which would otherwise be exempt (regulation 2(3) and (4)).
4.
They impose revised requirements relating to the licensing of premises under the Fresh Meat Regulations. They impose a new requirement that the Food Standards Agency ("the Agency") must be informed of changes in the identity of those having management and similar responsibilities in relation to the occupier of premises already licensed under the Fresh Meat Regulations ("licensed premises") (regulation 2(5) to (7)).
5.
They amend the criteria under which the Agency may revoke licences granted under the Fresh Meat Regulations (regulation 2(8) and (9)).
6.
A new power to suspend licences is created (regulation 2(10)).
7.
These Regulations revise the conditions governing appeals against decisions taken by the Agency in relation to licences granted under the Fresh Meat Regulations (regulations 2(11) to (13)).
8.
Occupiers of premises currently licensed under the Fresh Meat Regulations will now have to inform the Agency of their identity and of the principal business address and identity of each of their directors, managers and controllers within 3 months of these Regulations coming into force (regulation 2(14)).
9.
A further amendment enables official veterinary surgeons to inspect records kept by the occupiers of licensed premises pursuant to regulation 20(1)(a), (e) and (f) of the Fresh Meat Regulations and to monitor compliance with their duties under regulation 20 thereof (regulation 2(15)).
10.
The powers of official veterinary surgeons set out in regulation 10 of the Fresh Meat Regulations are modified (regulation 2(16) and (17)).
11.
The general conditions for the marketing of fresh meat set out in regulation 13 of the Fresh Meat Regulations are modified (regulation 2(18) and (19)).
12.
The duties imposed on occupiers of licensed premises by regulation 20 of the Fresh Meat Regulations are modified (regulation 2(20) to (23)).
13.
The penalties for breach contained in regulation 21 of the Fresh Meat Regulations are rationalised (regulation 2(24)). Regulation 23 of the Fresh Meat Regulations is amended so that (in relation to any place other than licensed premises) the relevant food authority is made responsible for enforcement (regulation 2(25). A further amendment to Regulation 23 introduces a new power for the Agency to certify that meat has not been produced, stored or transported in accordance with the Regulations. Meat certified in this way is treated, for the purposes of section 9 of the Food Safety Act 1990 as failing to comply with food safety requirements (also regulation 2(25)), with the result that it can be seized and, potentially, disposed of.
14.
These Regulations amend the Poultry Meat, Farmed Game Bird and Rabbit Meat (Hygiene and Inspection) Regulations 1995 (SI 1995/540, as amended)("the Poultry Meat Regulations") to provide enhanced enforcement powers in relation to these Regulations in the light of Council Directive 71/118/EEC on health problems affecting the production and placing on the market of fresh poultry meat (a consolidated text of which is annexed to Council Directive 92/116/EEC (OJ No. L62, 15.3.93, p.1) and Council Directive 91/495/EEC.
15.
In particular, these Regulations amend regulation 3 of the Poultry Meat Regulations (circumstances in which those Regulations do not apply) and impose new obligations on persons engaged in activities which would otherwise be exempt (regulation 3(3) and (4)).
16.
They impose revised requirements relating to the licensing of premises under the Poultry Meat Regulations. They impose a new requirement that the Agency must be informed of changes in the identity of those having management and similar responsibilities in relation to the occupier of premises already licensed under the Poultry Meat Regulations ("licensed poultry meat premises") (regulation 3(5) to (7)).
17.
These Regulations amend the criteria under which the Agency may revoke licences granted under the Poultry Meat Regulations (regulation 3(8) and (9)).
18.
A new power to suspend licences is created (regulation 3(10)).
19.
These Regulations revise the conditions governing appeals against decisions taken by the Agency in relation to licences granted under the Poultry Meat Regulations (regulation 3(11) to (13)).
20.
Occupiers of premises currently licensed under the Poultry Meat Regulations will now have to inform the Agency of their identity and of the principal business address and identity of each of their directors, managers and controllers within 3 months of these Regulations coming into force (regulation 3(14)).
21.
A further amendment enables official veterinary surgeons to inspect the records required to be kept by the occupiers of licensed poultry meat premises pursuant to regulation 18(1)(a) and (e)(i) of the Poultry Meat Regulations and to monitor compliance with their duties under regulation 18 thereof (regulation 3(15)).
22.
The powers of official veterinary surgeons set out in regulation 10 of the Poultry Meat Regulations are modified (regulation 3(16) and (17)).
23.
The general conditions for the marketing of fresh meat set out in regulation 14 of the Poultry Meat Regulations are modified (regulation 3(18)).
24.
The duties imposed on occupiers of licensed poultry meat premises by regulation 18 of the Poultry Meat Regulations are modified (regulation 3(19).
25.
The penalties for breach contained in regulation 20 of the Poultry Meat Regulations are rationalised (regulation 3(20)).
26.
Regulation 23 of the Poultry Meat Regulations is amended so that (in relation to any place other than licensed premises) the relevant food authority is made responsible for enforcement of the Regulations (regulation 3(21). A further amendment to Regulation 23 introduces a new power for the Agency to certify that meat has not been produced, stored or transported in accordance with the Regulations. Meat certified in this way is treated for the purposes of section 9 of the Food Safety Act 1990 as failing to comply with food safety requirements (regulation 3(22), with the result that it can be seized and, potentially, disposed of.
27.
These Regulations amend the Meat Products (Hygiene) Regulations 1994 (SI 1994/3082, as amended) ("the Meat Products Regulations") to provide enhanced enforcement powers in relation to these Regulations in the light of Council Directive 77/99/EEC on health problems affecting intra-Community trade in meat products (OJ No. L26, 31.1.77, p.85).
28.
In particular, these Regulations amend the definition of "combined premises" in paragraph (1) of regulation 2 (interpretation) of the Meat Products Regulations (regulation 4(3)).
29.
These Regulations amend regulation 3 of the Meat Products Regulations (circumstances in which those Regulations do not apply) and impose new obligations on persons engaged in activities which would otherwise be exempt (regulation 4(4) and (5)).
30.
They impose revised requirements relating to the approval of meat products premises. They impose a new requirement that the Agency must be informed of changes in the identity of those having management and similar responsibilities in relation to the occupier of meat products premises which have already been approved under the Meat Products Regulations ("approved meat products premises") (regulation 4(6) to (8)).
31.
These Regulations amend the criteria under which the Agency may revoke approvals granted under the Meat Products Regulations (regulation 4(9) to (11)).
32.
A new power to suspend approvals granted under the Meat Products Regulations is created (regulation 4(12)).
33.
These Regulations revise the conditions governing appeals against decisions taken by the approval authority in relation to approvals and special hygiene directions under the Meat Products Regulations (regulation 4(13) and (14)).
34.
Occupiers of currently-approved meat products premises will now have to inform the approval authority of their identity and of the principal business address and identity of each of their directors, managers and controllers within 3 months of these Regulations coming into force (regulation 4(15)).
35.
Regulation 19 of the Meat Products Regulations (supervision and enforcement) is amended so that where any meat product is certified as provided for by new paragraph (4) or (5) thereof it is treated for the purposes of section 9 of the Food Safety Act 1990 as failing to comply with food safety requirements (regulation 4(16)), with the result that it can be seized and, potentially, disposed of.
36.
These Regulations insert a new regulation into the Meat Products Regulations (regulation 19A). This enables authorised officers of the appropriate enforcement authority to prohibit the use of equipment or any part of approved meat products premises and to regulate or prohibit the carrying on of a process (regulation 4(17)).
37.
Regulation 21 of the Meat Products Regulations (application of various sections of the Food Safety Act 1990) is amended so that section 9 thereof is, with modifications, applied to them (regulation 4(18)).
38.
These Regulations amend the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 (SI 1995/3205, as amended) ("the Minced Meat Regulations") to provide enhanced enforcement powers in relation to those Regulations in the light of of Council Directive 94/65/EEC laying down the requirements for the production and placing on the market of minced meat and meat preparations (OJ No. L368, 31.12.94, p.10).
39.
In particular, these Regulations amend the definition of "combined premises" in paragraph (1) of regulation 2 (interpretation) of the Minced Meat Regulations (regulation 5(3)).
40.
These Regulations amend regulation 3 of the Minced Meat Regulations (circumstances in which those regulations do not apply) and impose new obligations on persons engaged in activities which would otherwise give rise to an exemption (regulation 5(4) and (5)).
41.
They impose revised requirements relating to the approval of premises to be used for the production of certain minced meat or meat preparations. They impose a new requirement that the approval authority must be informed of changes in the identity of those having management and similar responsibilities in relation to premises which have already been approved under the Minced Meat Regulations ("approved minced meat premises") (regulation 5(6) and (7)).
42.
These Regulations amend the criteria under which the approval authority may revoke approvals granted under the Minced Meat Regulations (regulation 5(8) to (10)).
43.
A new power to suspend approvals granted under the Minced Meat Regulations is created (regulation 5(11)).
44.
These Regulations revise the conditions governing appeals against decisions taken by the approval authority in relation to approvals granted under the Minced Meat Regulations (regulation 5(12) and (13)).
45.
Occupiers of currently-approved minced meat premises will now have to inform the approval authority of their identity and of the principal business address and identity of each of their directors, managers and controllers within 3 months of these Regulations coming into force (regulation 5(14)).
46.
Regulation 12 of the Minced Meat Regulations (supervision and enforcement) is amended so that where any minced meat or meat preparation is certified as provided for by new paragraph (8) or (9) thereof it is treated for the purposes of section 9 of the Food Safety Act 1990 as failing to comply with food safety requirements (regulation 5(15)), with the result that it can be seized and, potentially, disposed of.
47.
These Regulations insert a new regulation into the Minced Meat Regulations (regulation 12A). This enables authorised officers of the appropriate enforcement authority to prohibit the use of any equipment or any part of approved minced meat premises and to regulate or prohibit the carrying on of a process (regulation 5(16)).
48.
Consequential amendments are made to the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992 (S.I. 1992/2921, as already amended) (regulation 6) and the Products of Animal Origin (Import and Export) Regulations 1996 (S.I. 1996/3124, as already amended) (regulation 7). Those latter amendments are effected in reliance on section 2(2) of the European Communities Act 1972 (1972 c.68).
49.
A regulatory appraisal has been prepared for these Regulations and copies of the assessment can be obtained from the Food Standards Agency - Wales, 1st Floor, Southgate House, Wood Street, Cardiff CF10 1EN.
[3] 1990 c.16; "the Ministers" is defined in relation to England and Wales in section 4(1) of the Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672).back
[5] SI 1995/539, amended by SI 1995/731, SI 1995/1763, SI 1995/2148, SI 1995/2200, SI 1995/3124, SI 1995/3189, SI 1996/1148, SI 1996/2235, SI 1997/1729 and SI 1997/2074.back
[6] 1985 c.6; section 736(1) was substituted by section 144(1) of the Companies Act 1989 (1989 c.40).back
[7] SI 1995/540, amended by SI 1995/1763, SI 1995/2148, SI 1995/2200, SI 1995/3205, and SI 1997/1729.back
[8] SI 1994/3082, amended by SI 1995/539, SI 1995/1763, SI 1995/2200, SI 1995/3205, SI 1996/1499 and SI 1999/683.back
[9] SI 1995/3205, amended by SI 1996/3214.back
[10] SI 1996/3124, amended by SI 1997/3023, SI 1998/994 and SI 1999/683. SI 1996/3124 has been applied by SI 1996/3125 to imports of fresh meat.back
[11] SI 1992/2921, amended by SI 1994/1029, SI 1995/539, SI 1995/540 and SI 1995/2148.back