UK Offence Report

The Fresh Meat and Poultry Meat (Hygiene, Inspection and Examinations for Residues) (Charges) Regulations 1990

UK Statutory Instrument 1990 No. 2494 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
10 December 1990
In force from
1 January 1991
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
European Communities Act 1972, Food Safety Act 1990

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement in part the provisions of Council Decision 88/408/EEC(OJ No.L194, 22.7.88, p.24) on the level of the fees to be charged for health inspections and controls of fresh meat pursuant to Council Directive 85/73/EEC (OJ No.L32, 5.2.85, p.14). The Regulations require food authorities to make a charge for every health inspection and control exercise carried out by them. Where such an exercise is carried out at a slaughterhouse, the amount of the charge is to be equal to the Community standard charge prescribed in the Regulations less the charge which the Regulations also require the Minister of Agriculture, Fisheries and Food to make in relation to examinations for the presence of residues except that— 1 where the total of the real cost of carrying out the exercise at a slaughterhouse and the charge for examinations for the presence of residues there is lower than the Community standard charge than— a where the total is higher than the minimum charge specified in the Regulations, the charge is to be an amount equal to that real cost; and b where that total cost is no higher than such minimum charge, the charge is to be an amount equal to that minimum charge less the charge for examinations for the presence of residues; and 2 where the total of such real cost and the charge for examinations for the presence of residues is higher than the Community standard charge the charge is to be— a an amount not exceeding that real cost; or b an amount equal to the Community standard charge less the charge for examinations for the presence of residues (regulation 4 and Schedule 1). Where such an exercise is carried out at any cutting premises the charge is to be calculated in the same manner as if it was carried out at a slaughterhouse (but without reference to charges for examinations for the presence of residues) and, in certain circumstances, a local authority can reduce the Community standard charge by up to 50 per cent (regulation 5 and Schedule 1). Where such an exercise is carried out at a cold store the charge is to be an amount equal to the real cost of the exercise (regulation 6). In calculating the real cost of carrying out a health inspection and control exercise at a slaughterhouse a food authority is required to assume that the real cost of its administration expenses falls to be assessed at a rate of 0.725 European Currency Units per tonne of unboned meat or unboned poultry meat and in calculating such cost at any cutting premises or cold store a local authority is required to use the factors specified in Schedule 2 (regulation 8). Before making a charge for a health inspection and control exercise under the Regulations a food authority is required to notify the occupier of the premises affected by such charge of the amount which it proposes to charge and to consider any representations made to it concerning the charge by any person whom it has notified (regulation 10). If the occupier considers that the authority has determined an amount in respect of the real cost of the exercise which is excessively high he may appeal to the appropriate Minister against it and if the appropriate Minister is satisfied that this is the case he shall require the authority to recalculate the amount of the charge in accordance with such directions as he may give it (regulation 12). The Regulations also require the Minister to make a charge at every slaughterhouse at which a health inspection and control exercise is carried out in respect of his functions related to examinations for the presence of residues and the food authority to recover that charge on his behalf (regulation 3(2), 7 and 9).

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