The Fresh Meat (Hygiene and Inspection) Regulations 1995

UK Statutory Instrument 1995 No. 539 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 28 February 1995
In force from: 1 April 1995
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: European Communities Act 1972, Schedule 1 to, the 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 revoke and replace the Fresh Meat (Hygiene and Inspection) Regulations 1992. The Regulations give effect to Council Directive 91/497/EEC (OJ No. L268, 24.9.91, p.69), which amends and updates Directive 64/433/EEC on health problems affecting intra-Community trade in fresh meat to extend it to the production and marketing of fresh meat, and in part to Council Directive 91/495/EEC (OJ No. L268, 24.9.91, p.41) concerning public health and animal health problems affecting the production and the placing on the market of farmed game meat and Council Directive 92/45/EEC (OJ No. L268, 16.6.92, 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 transfer responsibility for their execution and enforcement from local authorities to the Minister. The regulations do not apply to premises where fresh meat is used exclusively for the production of meat products, meat preparations, minced meat and mechanically recovered meat or to premises where fresh meat is cut up or stored for sale to the final consumer from those premises, to premises used for carcase competitions or to cold stores (subject to specified restrictions); fresh meat intended for exhibitions, special studies or analysis, or for sale to international organisations; and fresh meat not intended for human consumption (regulation 3). Slaughterhouses, cutting premises, cold stores, farmed game handling facilities and farmed game processing facilities must have a current licence issued by the Minister. Such a licence will be issued only if the premises comply with the prescribed requirements as to structure and hygiene (regulation 4). There are different structural requirements for low throughput slaughterhouses, cutting premises and farmed game processing facilities (regulation 4(2), Schedule 5 and Part III of Schedule 6). The slaughter of farmed game at a farmed game handling facility is permitted subject to certain conditions (regulation 4(2) and Part I of Schedule 6). A licence may be refused (regulation 4) or revoked (regulation 5), with a right of appeal to a Meat Hygiene Appeals Tribunal (regulation 6). The procedural rules in respect of an appeal are prescribed in the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992. Slaughterhouses and farmed game handling facilities may not be used for the slaughter of animals not intended for human consumption except in specified circumstances (regulation 7(4)). There will be veterinary supervision of all licensed premises. The Minister will appoint designated official veterinary surgeons and inspectors to supervise licensed premises (regulation 8). The Minister may revoke or suspend the designation of an official veterinary surgeon who is deemed to be unfit to perform his duties (regulation 9). Official veterinary surgeons and veterinary officers 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 10). The requirement to apply the health mark continues to apply to fresh meat produced in all licensed premises. The Minister is now required to provide the health marking equipment and to arrange for the mark to be applied to fresh meat which has been passed as fit for human consumption (regulation 11(2)). Times of operation of licensed premises are controlled (regulation 12). Fresh meat may not be sold or offered for sale for human consumption unless it has been obtained from licensed premises, has met the hygiene requirements specified in the Schedules and is accompanied by a commercial document or health certificate (regulation 14). The requirement for a health certificate to accompany fresh meat intended for export to another member State is replaced by the requirement to have a commercial document which shall accompany all fresh meat produced in a licensed premises (regulation 14). An official veterinary surgeon or an inspector can in certain circumstances prohibit the slaughter or the dressing of an animal in a slaughterhouse (regulation 15), and an official veterinary surgeon may permit an animal to be kept in a lairage in exceptional circumstances for more than 72 hours (regulation 16). Conditions are laid down regarding the documentation to accompany a diseased or injured animal to a slaughterhouse (regulation 17); similarly, specified conditions must be complied with before a dead or slaughtered animal is brought into a slaughterhouse or farmed game processing facility (regulation 18). The Minister must keep records in respect of inspections (regulation 19), and the occupier of licensed premises must also keep specified records (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.

Offences created by this instrument

If any person contravenes— a regulation 10(1); or b regulation 12(1), he shall be guilty of an offence and shall be… regulation 21(1) · Status not determined · Strict liability
If any person contravenes— a any other provision of these Regulations; or b a condition imposed by the Minister under… regulation 21(2) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Cattle Head Deboning Industry Commons · Commons Chamber · 13 November 1996 · Mr. John Whittingdale (Colchester, South and Maldon)
I congratulate my hon. Friend the Member for Gosport (Mr. Viggers) on his determination and persistence in pursuing the case for the head boning industry and on the eloquent way in which he has put the case this morning, which will allow me to be comparatively brief. Until the beginning of the year, I was unaware of the existence of the head boning industry. I became aware of it when I received a letter from my hon. Friend the Parliamentary Secretary to the Ministry of Agriculture, Fisheries and Food informing me that a firm in my constituency, Latchingdon Fresh Meats, had failed to make the…
Adjournment (Easter) Commons · Commons Chamber · 31 March 1999 · Mr. Gill
The hon. Gentleman makes a good point. In this country, inspection has to be carried out by fully qualified veterinary surgeons, but we are led to believe that in other countries it is carried out by auxiliary vets who are trained to a much lower standard. As the hon. Gentleman is aware, in this country we do not know what the charging regime is in other countries. Presumably, if we did know, the Minister would have answered the question that I tabled on 11 March. I also received a very patchy answer to an earlier question on the level of supervision and the implementation of the regulations…
Meat Hygiene Service Lords · Lords Chamber · 20 July 1999 · The Countess of Mar
My Lords, I would say to the right reverend Prelate that his contribution is as valuable as any other in this House because he speaks of the people who are being damaged by the legislation. First, I would like to say "thank you" to the noble Lord, Lord Stoddart, for asking this Question. Secondly, I ex press my heartfelt thanks to the Minister for so kindly arranging a meeting for Dr North, Mr Chadwick and myself with the chief executive and officials of the Meat Hygiene Service last Thursday. I am delighted to report that the meeting, to put it mildly, developed into a lively exchange of…
Meat Hygiene Service: Contractors' Practices Lords · Lords Chamber · 3 November 1999 · Lord Luke
My Lords, Regulation 8(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995 states that an official veterinary surgeon can be appointed only by the Minister. If that is not the case, who is running the Meat Hygiene Service? Is it not time that the Government took a proper grip on the business aspects of all these contracts?

How Parliament handled it

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