Statutory Rules of Northern Ireland
1997 No. 494
FOOD
Meat Products (Hygiene) Regulations (Northern Ireland) 1997
Made
13th November 1997
Coming into operation
8th December 1997
Whereas it appears to the Department of Agriculture acting as the Department concerned that it is necessary or expedient—
(a)for the purposes of ensuring that food complies with food safety requirements or in the interests of public health; or
(b)for the purposes of protecting or promoting the interests of consumers,
to make the following Regulations;
Now therefore, that Department, being the Department concerned, in exercise of the powers conferred by Articles 15(1), (2) and (3), 16(1), 18(1), 25, 26(3), 44, 47(2) and 48(2) of, and paragraphs 5, 6(1)(a) and 7(1) and (2) of Schedule 1 to, the Food Safety (Northern Ireland) Order 1991(1) and of every power enabling it in that behalf, and being a Department designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, and after consultation, in accordance with Article 47(3) of the said Order of 1991, with such organisations that appear to it to be representative of interests likely to be substantially affected by the Regulations (in so far as the Regulations are made in exercise of the powers conferred by the said provisions of the said Order of 1991), hereby makes the following Regulations:—
Part IPreliminary
Citation and commencement
1. These Regulations may be cited as the Meat Products (Hygiene) Regulations (Northern Ireland) 1997 and shall come into operation on 8th December 1997.
Interpretation
2.—(1) In these Regulations—
“ambient store” means any premises, not being part of approved meat products premises, which store unpackaged meat products under non-refrigerated conditions;
“approval authority” means the Department or any district council or the Department and any district council acting jointly;
“authorised officer”, in relation to an enforcement authority, means any person who is authorised by the authority in writing, either generally or specially, to act in matters arising under these Regulations;
“batch” means a quantity of a meat product which is covered by the same accompanying commercial document or health certificate;
“cold store” means any premises, not being part of a meat products premises approved under regulation 4, which store unpackaged meat products under refrigerated conditions;
“curing” in relation to any product, means the distribution of salts throughout the product;
“the Department” means the Department of Agriculture for Northern Ireland;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as amended by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State, other than the United Kingdom, which is a Contracting Party to the EEA Agreement;
“enforcement authority” is to be construed in accordance with regulation 19(1);
“establishment” means an establishment handling or storing any type of meat products or other products of animal origin;
“final consumer” means a person who buys meat products or other products of animal origin—
(a)
otherwise than for resale;
(b)
for direct transport to, and consumption on, premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him; or
(c)
for direct transport to premises used for handling or storing meat products either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him for sale as a ready-cooked take-away meat product for consumption off those premises;
“Fresh Meat Regulations” means the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997(4);
“handling” in respect to any meat product means the manufacture, preparation, processing, packaging, wrapping, or rewrapping of that product;
“heating” in relation to any product, means the use of dry or damp heat on that product;
“hermetically sealed container” means a container which is airtight and intended to protect the contents against the entry of micro-organisms during and after heat treatment;
“the Hygiene Regulations” means the Fresh Meat Regulations, the Poultry Meat Regulations or the Wild Game Meat Regulations;
“industrial meat products premises” means meat products premises whose production exceeds 7.5 tonnes of finished meat products per week or 1 tonne per week in the case of premises producing foie gras or where a special hygiene direction is given in relation to the premises, such lower level of production as may be required by the direction;
“licensed” means licensed under regulation 4 of the Fresh Meat Regulations, regulation 4 of the Poultry Meat Regulations or regulation 3 of the Wild Game Regulations;
“maturing” means any treatment of salted raw meat which in the course of a slow and gradual reduction of humidity is capable of generating natural fermentation or enzymatic processes, involving changes over a period of time which give the product typical organoleptic characteristics and ensure its preservation and wholesomeness at normal ambient temperature;
“meat” means—
(a)
meat as defined in—
(i)
article 2(a) of Directive 64/433/EEC(5);
(ii)
article 2 of Directive 71/118/EEC(6);
(iii)
article 2 of Directive 72/46l/EEC(7);
(iv)
article 2 of Directive 72/462/EEC(8);
(v)
article 2 of Directive 88/657/EEC(9);
(vi)
article 2(1) and (2) of Directive 91/495/EEC(10);
(vii)
article 2(1)(d) of Directive 92/45/EEC(11); and
(b)
minced meat and meat preparations;
“meat-based prepared meal” means a wrapped meat product (excluding sandwiches or products made with pastry, pasta or dough) in which meat has been mixed with other foodstuffs before, during or after cooking and requires refrigeration for preservation;
“the meat Directives” means the Directives mentioned in the definition of “meat” in this regulation;
“meat preparations” has the same meaning as in the Minced Meat Regulations
“meat products” means products for human consumption prepared from or with meat which has undergone treatment such that the cut surface shows that the product no longer has the characteristics of fresh meat, but not—
(a)
meat which has undergone only cold treatment;
(b)
minced meat;
(c)
mechanically recovered meat;
(d)
meat preparations;
“meat products premises” means any industrial or non-industrial meat products premises handling or storing meat products;
“Minced Meat Regulations” means the Minced Meat and Meat Preparations (Hygiene) Regulations (Northern Ireland) 1997(12);
“non-industrial meat products premises” means meat products premises whose production does not exceed 7.5 tonnes of finished meat products per week or 1 tonne per week in the case of premises producing foie gras or where a special hygiene direction is given in relation to the premises such lower level of production as may be required by the direction;
“occupier” in relation to any premises means a person carrying on the business of producing, handling or storing meat products or other products of animal origin on the premises;
“the Order” means the Food Safety (Northern Ireland) Order 1991;
“other products of animal origin” means the following products intended for human consumption that is to say—
(a)
meat extracts;
(b)
rendered animal fat: fat derived from rendering meat, including bones;
(c)
greaves: the protein-containing residue of rendering, after partial separation of fat and water;
(d)
meat powder, powdered rind, salted or dried blood, salted or dried blood plasma;
(e)
stomachs, bladders and intestines, cleaned, salted or dried, and/or heated;
“packaging”, in relation to meat products or other products of animal origin, means the placing of one or more of such wrapped or unwrapped products in a container, as well as the container itself;
“potable water” has the same meaning as in the Food Safety (General Food Hygiene) Regulations (Northern Ireland) 1995(13);
“Poultry Meat Regulations” means the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1995(14);
“prepared food” means any food, intended for human consumption, not being a meat product or other product of animal origin or a meat-based prepared meal which is handled in an establishment;
“prohibited parts” in relation to any animals or poultry mean—
(a)
any genital organs, except, in the case of male animals, testicles;
(b)
urinary organs, except the kidneys and the bladder;
(c)
the cartilage of the larynx, the trachea and the extralobular bronchi;
(d)
eyes and eyelids;
(e)
the external, auditory meatus;
(f)
corneous tissues;
(g)
in poultry, the head (except the comb and the ears, the wattles and caruncles) the oesophagus, the crop and the intestines;
“raw material” means any animal product used as an ingredient in meat products or other products of animal origin, or used in the preparation of prepared food;
“rewrapping centre” means premises where any of the following operations is carried out—
(a)
meat products are unwrapped, sliced or cut and subsequently rewrapped prior to despatch; or
(b)
unpackaged meat products from different establishments are assembled into batches for despatch,
“slaughterhouse” means a licensed slaughterhouse;
“small percentage of meat” means 10% or less by weight of the raw meat used as a proportion of the weight of the final product;
“special hygiene direction” in relation to any premises approved under regulation 4 or 5, as the case may be, means a condition of that approval imposed under paragraph (1)(c) of that regulation;
“Specified Material legislation” means—
(a)
the Specified Bovine Material Order (Northern Ireland) 1997(15);
(b)
the Specified Bovine Material (Treatment and Disposal) Regulations (Northern Ireland) 1997(16);
(c)
the Heads of Sheep and Goats Order (Northern Ireland) 1996(17); and
(d)
the Heads of Sheep and Goats (Treatment and Disposal) Regulations (Northern Ireland) 1996(18);
“third country” means a country, other than the United Kingdom, the Isle of Man or any of the Channel Islands, which is not an EEA State;
“treatment” in relation to any product, means any chemical or physical process such as heating, smoking, salting, marinating, curing or drying, intended to preserve meat or animal products whether or not associated with other foodstuffs, or a combination of these various processes;
“Wild Game Regulations” means the Wild Game Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997(19);
“wrapping” in relation to meat products or other products of animal origin, means the protection of those products by the use of an initial wrapping or initial container in direct contact with the product concerned as well as the initial wrapper or initial container itself.
(2) Any approval granted under regulation 4 or 5 shall be in writing and may be varied by notice served on the person to whom the approval was granted.
(3) The Interpretation Act (Northern Ireland) 1954(20) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
Exemption
3. These Regulations shall not apply to establishments handling or storing meat products or other products of animal origin exclusively for sale from those establishments to the final consumer, or to persons engaged in such handling, storing or selling, or to the transporting of meat products to the final consumer.
Part IIApproval of Meat Products Premises
Approvals of premises other than ambient stores, rewrapping centres and cold stores
4.—(1) A person shall not handle meat products in any premises to which this regulation applies unless those premises—
(a)are approved under this regulation;
(b)comply with the appropriate requirements of Schedules 1 and 2; and
(c)comply with such further conditions relating to the hygiene of the premises as the Department may specify in the approval.
(2) This regulation applies to any meat products premises other than ambient stores, rewrapping centres and cold stores.
(3) The occupier of, or a person proposing to occupy, any premises to which this regulation applies may apply, in writing, to an approval authority for the approval of those premises under this regulation.
(4) A person shall not—
(a)despatch from any meat products premises approved under this regulation any meat products which do not comply with the provisions of these Regulations;
(b)despatch any meat products to a relevant EEA State from meat products premises to which this regulation applies but which are not approved under this regulation.
(5) Subject to paragraph (6), an approval authority to which an application has been made under paragraph (3) shall approve the meat products premises to which the application relates—
(a)for the handling of meat products, other than those specified in sub-paragraphs (b) to (d), if the authority is satisfied that they comply with the requirements of Schedule 1 and Parts I, II, III, V and VII of Schedule 2;
(b)for the handling of meat products which contain a small percentage of meat, if the authority is satisfied that they comply with the requirements of Schedule 1 and with Parts II, III, V and VII of Schedule 2;
(c)for the pasteurisation or sterilisation of meat products in hermetically sealed containers, if the authority is satisfied that they comply with the requirements of Schedule 1 and with Part I (except in the case of meat products which contain a small percentage of meat) and Parts II, III, V and VII of Schedule 2, and in the case of products in hermetically sealed containers with the requirements of Part VIII of Schedule 2;
(d)for the manufacture of meat-based prepared meals, if the authority is satisfied that they comply with the requirements of Schedule 1 and with Part I (except in the case of meat-based prepared meals which contain a small percentage of meat) and Parts II, III, V, VII, and IX of Schedule 2; but
otherwise shall refuse to approve those premises for any of those purposes.
(6) An approval authority, to which an application has been made under paragraph (3), shall approve any non-industrial meat products premises to which the application relates if it is satisfied that the premises comply with the provisions of—
(a)Schedule 1;
(b)Parts II, III and V of Schedule 2;
(c)if they are used to manufacture products in hermetically sealed containers, Part VIII of Schedule 2; and
(d)if they are used to manufacture meat-based prepared meals, Part IX of Schedule 2.
(7) An approval authority to which an application has been made under paragraph (3) shall notify the applicant in writing of its decision in relation to the application and of the reasons for any refusal to grant approval under this regulation.
Approval of ambient stores, rewrapping centres and cold stores
5.—(1) A person shall not use any ambient store, rewrapping centre or cold store for the handling or storage of meat products unless—
(a)it is approved under this regulation or licensed under the Hygiene Regulations;
(b)it complies with the appropriate requirements of Schedule 3; and
(c)it complies with such further conditions relating to the hygiene of the premises as the Department may specify in the approval.
(2) A person shall not despatch any meat products to a relevant EEA State from an ambient store, rewrapping centre or cold store which is not approved under this regulation.
(3) The occupier of, or a person proposing to occupy, any ambient store, re wrapping centre or cold store for the purposes of paragraph (1) or (2) may apply in writing for the approval of those premises under this regulation.
(4) An approval authority, to which an application has been made under paragraph (3) shall approve the premises to which the application relates—
(a)as an ambient store for the storage of meat products if the authority is satisfied that the occupier will comply with the requirements of Part I of Schedule 3; and
(b)as a rewrapping centre for the handling or storage of meat products if the authority is satisfied that the occupier will comply with the requirements of Part II of Schedule 3; but
shall otherwise shall refuse to approve those premises for either of those purposes.
(5) An approval authority to which an application has been made under paragraph (3)—
(a)shall approve the premises to which the application relates as a cold store for the storage of meat products if they are already licensed under the Fresh Meat Regulations or the Poultry Meat Regulations as a cold store for the storage of fresh meat or fresh poultry meat; and
(b)if the premises are not already so licensed, shall approve them as a cold store for the storage of meat products if the authority is satisfied that they comply with the requirements of Part III of Schedule 3, but
otherwise shall refuse to approve the premises as a cold store for the storage of meat products.
(6) An approval authority to which an application has been made under paragraph (3) shall notify the applicant in writing of its decision in relation to the application and of the reasons for any refusal to grant approval under this regulation.
Revocation of approvals
6.—(1) Subject to paragraph (3) and to regulation 7(3), an approval authority may, by notice in writing, given to the occupier of any premises approved under regulation 4 or 5, revoke that approval if it is satisfied—
(a)that there is a failure in respect of the premises to comply with the relevant provisions of these Regulations;
(b)an adequate health inspection of the premises is being hampered;
(c)that the business carried on at the premises in respect of which the approval was granted is no longer being carried on there; or
(d)that the premises have become exempt under regulation 3.
(2) The approval authority shall state in any notice of revocation given by it under paragraph (1)—
(a)the date on which the revocation is to take effect; and
(b)the reasons for revocation.
(3) An approval shall not be revoked under paragraph (1)(a) or (b) unless there is in force in relation to the premises—
(a)a prohibition order under Article 10 of the Order; or
(b)an emergency prohibition order under Article 11 of the Order,
and under either such an order, meat products may no longer be handled or stored at the premises.
(4) Where the approval authority gives a notice of revocation under paragraph (1), for the purposes of that paragraph “occupier”, in relation to any premises which are, at the time the notice was given, vacant, means the last person known to the approval authority to have carried on at the premises the business of producing, handling or storing meat products or other products of animal origin.
Right of appeal
7.—(1) Any person who is aggrieved by a refusal to grant an approval under regulation 4 or 5 or by the revocation of such an approval under regulation 6 or by any special hygiene direction may appeal to a magistrates' court against the decision.
(2) Article 37(2) to (3) of the Order shall have effect in relation to an appeal under this regulation as it has effect in relation to an appeal under that Article but with the omission of paragraph (2A)(b) and the word “or” immediately preceding it.
(3) A notice of revocation under regulation 6(1) shall not take effect until the time for appealing against it under Article 37(2A) of the Order (as applied by this regulation) has expired or, if such an appeal is made, until the appeal is finally disposed of or abandoned.
Part IIIConditions for the Handling, Storing and Marketing of Meat Products
General conditions
8. A person shall not sell for human consumption from meat products premises approved under regulation 4 any meat product manufactured in Northern Ireland unless—
(a)it has been handled and stored in accordance with the appropriate requirements of Schedule 1, 2 and 3;
(b)it has been prepared from raw materials which complied with the requirements of Part III of Schedule 2; and
(c)it has been checked in accordance with regulation 13.
Wrapping etc.
9. A person shall not—
(a)sell for human consumption from approved meat products premises any meat product manufactured in Northern Ireland which is intended for consignment to a relevant EEA State; or
(b)sell for human consumption any meat product handled or stored in Northern Ireland after 8th December 1998,
unless it has been wrapped, packaged or labelled at manufacturing premises in accordance with the provisions of Part V of Schedule 2 or at an approved rewrapping centre.
Health marking
10.—(1) A person shall not sell for human consumption from any meat products premises approved under regulation 4 any meat product manufactured or rewrapped in Northern Ireland and intended for consignment to a relevant EEA State unless it carries the United Kingdom EC health mark applied in accordance with the provisions of Part VI of Schedule 2.
(2) A person shall not consign to a relevant EEA State any meat product which was landed in Northern Ireland and stored but not rewrapped there unless it carries—
(a)if it was imported from Great Britain, a mark applied in accordance with the Meat Products (Hygiene) Regulations 1994(21);
(b)if it was imported from a relevant EEA State, a mark applied in accordance with legislation having effect in that State and corresponding to the provisions of these Regulations relating to the United Kingdom EC health mark; and
(c)if it was imported from a third country, the health marking required under Directive 72/462/EEC(22).
(3) A person shall not sell for human consumption in Northern Ireland any meat product manufactured or rewrapped in Northern Ireland after 8th December 1998 unless it carries—
(a)the United Kingdom EC health mark; or
(b)the Northern Ireland regional health mark,
applied in accordance with the provisions of Part VI of Schedule 2.
Indication of storage temperature and durability
11. A person shall not—
(a)sell for human consumption from approved meat products premises any packaged meat product which was manufactured in Northern Ireland after these Regulations come into force and is intended for consignment to a relevant EEA State, and which cannot be safely stored at an ambient temperature; or
(b)sell for human consumption any packaged meat product which was handled or stored in Northern Ireland after 8th December 1998 and which cannot be safely stored at an ambient temperature,
unless the packaging carries—
(i)a clear and legible indication of the temperature at which the product should be stored and transported; and
(ii)the appropriate durability indication in accordance with the Food Labelling Regulations. (Northern Ireland) 1996(23) or the Food Labelling Regulations 1996(24);
Storage and transportation conditions
12.—(1) A person shall not sell for human consumption from a meat products premises approved under regulation 4 any meat product manufactured in or imported into Northern Ireland after these Regulations come into force unless—
(a)it is or has been handled, stored and transported in accordance with Part VII of Schedule 2 and, after 8th December 1998, if it is stored in a cold store separate from the meat products premises from which it is sold, that store has been licensed under regulation 4 of the Fresh Meat Regulations;
(b)subject to sub-paragraph (c), it is accompanied during transportation by a health certificate, signed by an authorised officer of an enforcement authority at the time of loading, which is in the form and contains the particulars specified in Schedule 4 where—
(i)it contains meat from a slaughterhouse situated in a place or area which has been declared to be an infected place or area under the Diseases of Animals (Northern Ireland) Order 1981(25);
(ii)it contains meat bearing a special mark under regulation 14(2)(c) or (d) of the Fresh Meat Regulations; or
(iii)it is intended to be sent to a relevant EEA State after transit through a third country, in which case it shall be in a sealed means of transport; and
(c)where—
(i)the product does not fall within sub-paragraph (b); and
(ii)the exemption specified in paragraph (2) does not apply,
it is accompanied during transportation by a commercial document which bears the official approval code of the meat products premises of origin and the name and address of the consignee.
(2) The exemption mentioned in paragraph (1)(c)(ii) is an exemption for meat products in hermetically sealed containers which has undergone one of the treatments referred to in paragraph B(a) of Part VIII of Schedule 2.
(3) An enforcement authority may make a reasonable charge for the issue by it of any health certificate pursuant to paragraph (1)(b).
(4) Any person who receives a consignment of meat products together with the commercial document shall keep that document, and make it available for inspection on request by an authorised officer of an enforcement authority.
(5) Any document which a person is required to keep under paragraph (4) shall be kept for at least one year after its receipt or, in the case of meat products which cannot be stored at an ambient temperature, for at least 6 months after the appropriate durability date of the meat product concerned.
Part IVConditions Relating to All Establishments
Duties of occupier of establishment
13.—(1) The occupier of an establishment shall take all necessary measures to ensure that in that establishment, these Regulations are complied with at all stages in the processes of production, storage or rewrapping of meat products and other products of animal origin, and shall, in particular, carry out his own checks to ensure—
(a)that critical points in those processes are identified and acceptable to the enforcement authority;
(b)methods which are acceptable to the appropriate enforcement authority for monitoring and controlling such critical points are devised and followed;
(c)if samples are taken for the purpose of checking either cleaning and disinfection or compliance with the standards prescribed in paragraph 1 of Section A in Part II of Schedule 1, that they are analysed or examined as appropriate in a laboratory acceptable to the enforcement authority;
(d)that as far as is reasonable and practicable, a record of compliance with sub-paragraphs (a) to (c) is kept in permanent form and that the record is made available on request to an authorised officer of any enforcement authority;
(e)that health marking is controlled and carried out properly;
(f)that the appropriate enforcement authority is notified immediately when a laboratory examination of samples, or any other information at the occupier’s disposal, reveals a health risk;
(g)in the event of an imminent health risk arising in respect of any product, that product, and any other products obtained under technologically similar conditions and likely to present a similar degree of risk, are withdrawn from the market; and
(h)any quantity of the products so withdrawn is held under the supervision and control of the appropriate enforcement authority until it is destroyed, used for purposes other than human consumption, or, with the agreement of the enforcement authority, reprocessed in a manner appropriate to ensure it is safe for human consumption.
(2) The occupier of an establishment to which paragraph (1) relates shall ensure that workers at the establishment are given such instruction and training in hygiene matters as is appropriate to any tasks undertaken by them.
(3) Any record required to be kept in pursuance of paragraph (1)(d) shall be kept for a period of at least 2 years from the date of production of the products to which it relates or, in the case of meat products which cannot be stored at an ambient temperature, for a period of six months after the expiry of the minimum durability date for the product.
Part VPrepared Food
Prepared food obtained from raw materials of animal origin
14. A person shall not sell for human consumption any prepared food (other than a meat-based prepared meal) obtained from raw materials of animal origin and manufactured on approved premises unless—
(a)it has been prepared in accordance with the requirements of Part II of Schedule 1;
(b)it complies with the requirements of Part IX of Schedule 2; and
(c)its preparation has been checked in accordance with regulation 13.
Part VIRequirements for Other Products of Animal Origin
Conditions for premises manufacturing other products of animal origin
15. A person shall not manufacture other products of animal origin unless the premises where the manufacture takes place meets the requirements of—
(a)Schedule 1;
(b)Part I of Schedule 5;
(c)in the case of rendered animal fats, greaves and by-products, Part II of that Schedule; and
(d)in the case of stomachs, bladders and intestines, Part III of that Schedule.
Sale of other products of animal origin — meat not to have been declared unfit for human consumption
16. A person shall not sell for human consumption other products of animal origin manufactured in Northern Ireland unless they have been derived from meat which has not been declared unfit for human consumption.
Transportation condition for other products of animal origin
17.—(1) A person shall not sell for human consumption other products of animal origin unless they are accompanied during transportation by a commercial document which specifies the premises of origin and the name and address of the consignee.
(2) Any person who receives a consignment of other products of animal origin together with the commercial document required by paragraph (1) shall keep that document for at least one year after receipt, and make it available on request for inspection by an authorised officer of an enforcement authority.
Part VIITransitional
Use of premises, tools and equipment for the preparation of meat products from meat without an EC health mark
18.—(1) Notwithstanding any provision of these Regulations to the contrary, until the expiry of the derogations provided for in Directive 91/498/EEC(26) a person may, if he is authorised in writing in that behalf by an enforcement authority use any premises, tools and equipment—
(a)for the preparation of meat products from or with meat bearing an EC health mark; or
(b)for the preparation of meat products from or with other meat which is fit for human consumption.
(2) An enforcement authority shall not grant an authorisation under and for the purposes of paragraph (1) to any person unless it is satisfied that sufficient precautions will be taken by that person when acting under the authorisation to avoid misidentification as between products falling within paragraphs (1)(a) and (b).
Part VIIIPenalties and Enforcement
Supervision and enforcement
19.—(1) These Regulations shall be enforced and executed by the Department or any district council or by the Department and any district council acting jointly and any authority having such responsibility shall be known for the purposes of these Regulations as “an enforcement authority”.
(2) Premises which are subject to these Regulations shall be inspected and monitored in accordance with Part IV of Schedule 2.
Offences and penalties
20.—(1) If—
(a)a person (other than a district council acting as an approval authority or enforcement authority) contravenes any provision of these Regulations; or
(b)the occupier of any establishment fails to take all reasonable steps to secure the compliance by any person employed by him or any person admitted to that establishment with any provision of these Regulations,
he shall be guilty of an offence and shall be liable—
(i)on summary conviction, to a fine not exceeding the level 5 on the standard scale; or
(ii)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
(2) No prosecution for such an offence shall commence 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 Articles of Food Safety (Northern Ireland) Order 1991
21. The following provisions of the Order shall apply for the purposes of these Regulations as they apply for the purposes of Article 7, 13 or 14 of the Order and any reference in them to the Order or to any provision of the Order shall be construed as a reference to the Regulations—
Article 3 (application to food offered as prizes, etc.);
Article 4 (presumption that food is intended for sale for human consumption);
Article 19 (offences due to fault of another person);
Article 20 (defence of due diligence);
Article 34 (obstruction, etc. of officers).
Information to be provided by enforcement authorities
22. Every district council shall provide the Department with such information relating to the exercise of its powers or the execution of its duties under these Regulations as the Department may from time to time require.
Part IXMiscellaneous and Supplementary
Meat products and other products of animal origin from Great Britain, the Isle of Man and the Channel Islands
23.—(1) The places to which this regulation applies are Great Britain, the Isle of Man or the Channel Islands.
(2) A person shall not—
(a)sell for human consumption from any premises approved under regulation 4—
(i)any meat product; or
(ii)any other product of animal origin,
which has been handled or stored in a place to which this regulation applies and which is intended for consignment to a relevant EEA State; or
(b)sell for human consumption any meat product or other product of animal origin which has been handled or stored in a place to which this regulation applies after 8th December 1998,
unless any handling or storing of that product in that place was in accordance with legislation having effect in that place and corresponding to these Regulations.
(3) A person shall not sell for human consumption in Northern Ireland any meat product which has been handled after 8th December 1998 in a place to which this regulation applies unless it carries the relevant EC health mark or the relevant regional health mark.
(4) In this regulation “the relevant EC health mark” and “the relevant regional health mark”, in relation to any place to which this regulation applies, mean a mark applied in accordance with legislation having effect in that place and corresponding to the provisions of Part VI of Schedule 2 or paragraph 2 of Part II of Schedule 3 relating to the United Kingdom EC health mark or (as the case may be) the Northern Ireland regional health mark.
Amendments
24.—(1) After regulation 3(2)(i) of the Food Safety (General Food Hygiene) Regulations (Northern Ireland) 1995 and of the Food Safety (Temperature Control) Regulations (Northern Ireland) 1995(27), there shall be inserted in each case—
“(j)the Meat Products (Hygiene) Regulations (Northern Ireland) 1997.”.
(2) At the end of regulation 3(2)(d) of the Food Premises (Registration) Regulations (Northern Ireland) 1992(28) there shall be added—
“or in respect of which an approval is required under the Meat Products (Hygiene) Regulations (Northern Ireland) 1997;”.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
L.S.
Liam McKibben
Assistant Secretary
13th November 1997.
Regulations 4(1), (5) and (6)(a), 8(a), 13(1)(c), 14(a) and 15
SCHEDULE 1General Conditions
Part IGeneral Conditions for Approval of Establishments
Establishments shall have at least the following facilities:
1. Working areas of sufficient size for work to be carried out under adequate hygienic conditions; their design and layout shall be such as to preclude contamination of the raw materials and the products referred to in these Regulations;
2. In areas where the raw materials are handled and the products referred to in these Regulations are manufactured:
(a)solid, impermeable flooring which is easy to clean and disinfect and laid in such a way as to facilitate the drainage of the water or provided with equipment to remove water;
(b)walls which have smooth surfaces and are easy to clean, durable and impermeable, covered with a light-coloured, washable coating up to a height of at least two metres, or at least storage height in refrigeration and storage rooms;
(c)ceilings or roof linings which are easy to clean;
(d)doors in non-corrodible materials which are easy to clean;
(e)adequate ventilation and, where necessary, good steam and water-vapour extraction facilities in order to eliminate as far as possible condensation on surfaces such as walls and ceilings or roof linings;
(f)adequate natural or artificial lighting;
(g)an adequate number of facilities with hot and cold running water, or water pre-mixed to a suitable temperature, for cleaning and disinfecting hands; in work rooms and lavatories at industrial meat products premises taps shall not be operated by hand contact; these facilities shall be provided with cleaning and disinfecting materials and hygienic means of drying hands;
(h)facilities for cleaning, and disinfecting tools, equipment and utensils;
3. In rooms where the raw materials and the products covered by these Regulations are stored, the conditions as those at paragraph 2 apply, as appropriate, except that it is sufficient to have—
(a)in chilling and refrigeration rooms, a floor which is laid in such a way as to facilitate the draining of water and is easy to clean and disinfect; and
(b)in freezing and deep-freezing rooms, a floor which is impermeable and rot proof and is easy to clean.
In these cases, a sufficiently powerful refrigeration plant to keep the raw materials and products at any temperature indicated under regulation 11 shall be available.
The use of wooden walls in the rooms referred to in sub-paragraph (b) does not constitute grounds for refusing or revoking approval provided they were built before 1st January 1983.
The capacity of the store rooms shall be adequate to store the raw materials used and the products referred to in these Regulations;
4. Facilities for hygienic handling and protection of raw materials and non-packaged or wrapped finished products during loading and unloading;
5. Appropriate arrangements for protection against pests such as insects, rodents and birds;
6. Instruments and working equipment such as cutting tables, containers, conveyor belts, saws and knives, intended to come into direct contact with raw materials and products are made of corrosion-resistant material and are easy to clean and disinfect;
7. Special watertight, non-corrodible containers, with lids and fasteners to prevent unauthorised persons from removing unfit material from them, in which to put raw materials or products not intended for human consumption, or a lockable room for such purposes if the quantities are large enough to necessitate this or if they are not removed or destroyed at least once daily. Where such raw materials or products are removed through conduits, these shall be constructed and installed so as to avoid any risk of contamination of the other raw materials or products;
8. Appropriate facilities for the cleaning and disinfecting of equipment and utensils: for disinfecting equipment and utensils, water of a temperature of not less than 82°C, or another disinfection method acceptable to the enforcement authority, must be used;
9. A waste water disposal system which meets hygiene requirements;
10. A supply of potable water; the use of non-potable water being restricted to steam production, fire fighting and refrigeration equipment, provided that the pipes installed for this purpose preclude the use of this water for other purposes and present no direct or indirect risk of contamination of the product; non-potable water pipes shall be clearly distinguished from those used for potable water;
11. At industrial meat products premises an appropriate number of changing rooms with smooth, waterproof washable walls and floors, at non-industrial meat products premises an appropriate number of lockers and at both descriptions of premises an appropriate number of wash basins and flush lavatories. The latter must not open directly on to the work rooms. Wash basins shall be equipped for hand-washing and have hygienic means of drying hands; wash-basin taps at industrial meat products premises shall not be operable by hand contact;
12. If the volume of products treated requires frequent or permanent presence of the enforcement authority, an adequately equipped lockable room for their exclusive use: where the enforcement authority is not required to be present at all times, this requirement will be satisfied by the provision of a lockable device of sufficient capacity for storage of equipment and materials;
13. A room or a secure place for the storage of detergents, disinfectants and similar substances;
14. A room or cupboard for storing cleaning and maintenance material;
15. Adequate facilities for cleaning and disinfecting means of transport. However, similar facilities not situated in the establishment may be used with the agreement of the enforcement authority; and
16. Where the treatment applied requires the absence of water for manufacture of the products, the requirement of paragraph 2(a) that either the flooring be laid in such a way as to facilitate the drainage of water or equipment to remove water be provided, and all the requirements of paragraph 2(g), shall not apply to the part of the establishment in which that treatment takes place, provided that facilities satisfying the requirements of paragraph 2(g) are provided elsewhere in the establishment.
Where advantage is taken of this derogation, cleaning and disinfecting processes acceptable to the enforcement authority which do not make use of water may be applied in the parts of the establishment to which this paragraph applies.
Part IIGeneral Conditions of Hygiene
A.General conditions of hygiene applicable to establishments, equipment and tools
1. Equipment and instruments used for working on raw materials and products, floors, walls and partitions, ceilings or roof linings, shall be kept in a satisfactory state of cleanliness and repair, so that they do not constitute a source of contamination for raw materials or products. Cleaning and disinfecting must be performed with a frequency and by means of processes which are in line with the principles set out in regulation 13(1)(a) to (d).
2. No animals may enter the rooms. Rodents, insects and any other vermin shall be systematically exterminated from storage or processing areas; rodenticides, insecticides, disinfectants and any other potentially toxic substances shall be stored in rooms or cupboards which can be locked; their use shall not present any risk of contamination of the products.
3. Subject to it being acceptable to the enforcement authority, working areas, instruments and working equipment may be used for work on other foodstuffs fit for human consumption.
4. Potable water shall be used for all purposes. Exceptionally, non-potable water may be used for steam production, fire-fighting and the cooling of equipment, provided that the pipes installed for the purpose preclude the use of such water for other purposes and present no risk of contamination of the raw materials and products.
5. Detergents, disinfectants and similar substances must be used in accordance with the manufacturers' instructions in such a way that they do not have adverse effects on the machinery, equipment, raw materials and products. Use of these substances must be followed by thorough rinsing of such instruments and working equipment with potable water except where the instructions for use of such substances render such rinsing unnecessary.
Products for maintenance and cleaning must be kept in the room or facility provided for in paragraph 14 of Part I.
6. The spreading of sawdust or any other similar substance on the floor of the workrooms and storage rooms for the raw materials and products referred to in these Regulations is prohibited.
B.General conditions of hygiene applicable to staff
1. Proper standards of cleanliness are required of staff at all times. Specifically:
(a)staff shall wear suitable clean working clothes and where necessary headgear which completely encloses the hair;
(b)staff assigned to the handling and preparation of raw materials and products shall be required to wash their hands at least each time work is resumed and/or where contamination has occurred; wounds to the hands must be covered by a waterproof dressing; and
(c)smoking, spitting, eating and drinking in rooms where raw materials and products are worked on or stored is prohibited.
2. The occupier of meat products premises shall take all the requisite measures to prevent persons liable to contaminate raw materials and products from handling them, until there is evidence that such persons can do so without risk.
When recruited after these Regulations come into force to work in approved premises any person working on or handling raw materials and products shall be required to prove, by a medical certificate, that there is no impediment to such employment.
Regulations 4(1), (5) and (6)(b), (c) and (d), 8(a) and (b), 9, 10(1) and (3), 12(1)(a) and (2), 14(b), 19(2) and 23(4)
SCHEDULE 2Special Conditions
Part ISpecial Conditions for Approval of Meat Products Premises
1. In addition to the general requirements laid down in Part I of Schedule 1, meat products premises handling or storing meat products shall have at least:
(a)suitable rooms large enough for the separate storage:
(i)of raw materials under refrigeration; and
(ii)of meat products at ambient temperature or, where appropriate, depending on the nature of the products, under refrigeration,
non-packaged raw materials, meat products and other products of animal origin shall be stored separately from packaged raw materials, meat products and other products of animal origin;
(b)one or more appropriate rooms large enough for the manufacture and wrapping of meat products. Provided these operations constitute a single production cycle complying with the requirements of these Regulations and guaranteeing the safety of the raw materials and finished products, and provided the design and dimensions of the manufacturing room allow, they may be carried out in the same room;
(c)a room or a secure place for the storage of certain ingredients such as food additives;
(d)a room for packaging, unless the conditions laid down for packaging in paragraph 3 of Part V of this Schedule are fulfilled, and for dispatch;
(e)a room for the storage of wrapping and packaging materials; and
(f)a room for cleaning equipment and instruments, such as hooks and containers.
2. Depending on the type of product involved, and subject to the conditions in sub-paragraph (1) meat products premises may also be required to provide the following:
(a)a room or — if there is no danger of contamination — an area, where packaging is removed;
(b)a room or — if there is no danger of contamination — an area, for thawing raw materials;
(c)a cutting room;
(d)a room or equipment for drying or maturing;
(e)a room or equipment for smoking;
(f)a room for desalting, soaking and any other treatment, particularly of natural guts, where these raw materials have not undergone such operations in the establishment of origin;
(g)a room for the prior cleaning of the raw materials needed to prepare meat products;
(h)a room for salting, if necessary with air-conditioning facilities to maintain the temperature provided for in paragraph 4 of Part II of this Schedule;
(i)a room for the prior cleaning, if necessary, of meat products to be sliced or cut and wrapped;
(j)a room, if necessary with air-conditioning facilities, for slicing or cutting and packaging of meat products intended for sale in pre-packed form;
(k)the specific rooms provided for in Schedule 5, where the products referred to therein are manufactured in the meat products premises referred to in this Part of this Schedule; or
(l)where the conditions laid down in paragraph 1(b) of this Part of this Schedule are met, some of these operations may be carried out in the same room, providing this is acceptable to the enforcement authority.
Where the conditions laid down in paragraph 1(b) are not met, operations which might constitute a health risk in the case of certain products manufactured simultaneously and operations associated with excessive heat production shall be carried out in a separate room.
Part IISpecial Conditions of Hygiene for Premises Preparing Meat Products
1. Rooms used for storing or working on foodstuffs other than meat or meat products, liable to form part of the composition of meat products, shall be subject to the general rules on hygiene laid down in these Regulations.
2. Raw materials and the ingredients forming part of the composition of meat products as well as the products themselves and products of animal origin and their containers shall not come into direct contact with the ground and shall be handled and stored under conditions which preclude any risk of contamination. Care shall be taken to ensure that there is no contact between raw materials and finished products.
3. The use of wood is permitted in rooms in which meat products are smoked, cured, matured, pickled, stored or dispatched, when essential for technological reasons, provided there is no risk of the products being contaminated. Wooden pallets may be brought into those rooms but solely for transporting packaged meat or meat products and for no other purposes. In addition, the use of galvanised metals may be authorised for the drying of hams and sausages, provided that they are not corroded and do not come into contact with the meat products.
4. The temperature in rooms or parts of rooms where work on meat, minced meat used as a raw material, meat products and meat preparations is carried out shall ensure hygienic production.
5. Subject to paragraphs 6 and 7, where necessary during cutting, slicing and curing operations rooms for cutting and curing shall be kept at a temperature not exceeding 12°C.
6. Paragraph 5 does not apply to non-industrial meat products premises.
7. The enforcement authority may grant a derogation from the requirement of paragraph 5 where the authority considers such a derogation justified in the light of the technology used in manufacturing the meat products.
Part IIIRequirements for Raw Materials to be Used for the Manufacture of Meat Products
1.—(1) Subject to paragraph (3), meat which is to be used for the manufacture of meat products shall comply with the requirements of these Regulations and—
(a)must be fit for human consumption;
(b)must have come from an establishment approved in accordance with the meat Directives and must comply with those Directives and with any applicable Regulations;
(c)must have been transported in accordance with satisfactory hygiene conditions specified in the particular Directive applicable to that type of meat or in any applicable Regulations;
(d)must from the time of its arrival in the meat products premises until the time of its use, have been kept in accordance with the requirements of the meat Directives and any applicable Regulations; and
(e)must not include any of the prohibited parts.
(2) If meat which is to be used for the manufacture of meat products is of a description required to bear an EC health mark, it must bear that health mark.
(3) Meat obtained from premises granted derogations under Directive 91/498/EEC, or from the low throughput premises referred to in regulation 2 of the Poultry Meat Regulations or the Fresh Meat Regulations—
(a)may be held in approved meat products premises provided that it is stored separately from meat bearing an EC health mark; and
(b)may be used in the same place or at the same time as meat bearing an EC health mark, provided that, in the case of meat from derogated premises, an authorisation in accordance with regulation 18 has been obtained, but meat products obtained from such meat shall not bear the United Kingdom EC health mark.
2. Meat products which are to be used as a raw material must comply with the requirements of these Regulations. Meat products imported in accordance with Directives 72/462/EEC(29) and 90/675/EEC(30) may be used as a raw material in the manufacture of meat products.
3. Minced meat and meat preparations intended to be used in the production of meat products, unless produced in the manufacturing room referred to in paragraph 1(b) of Part I of this Schedule must—
(a)have come from premises approved in accordance with the Minced Meat Regulations and have been transported under satisfactory health conditions in accordance with those Regulations, and from the time of their arrival in the meat products premises until the time of their use have been kept in accordance with the requirements of those Regulations; or
(b)have come from premises registered under the Food Premises (Registration) Regulations (Northern Ireland) 1992(31), in which case the meat products produced shall not be marked with the United Kingdom EC health mark.
4. The presence of products of animal origin, other than meat contained in the meat products, is authorised only if these products comply with the requirements laid down in the relevant Community legislation.
5. This Part is without prejudice to the Specified Material legislation.
Part IVSupervision of Production
1. Premises shall be subject to supervision by an authorised officer of the enforcement authority, who shall ensure that the requirements of these Regulations are met and in particular shall:
(a)check:
(i)the cleanliness of the premises and equipment and staff hygiene;
(ii)the efficacy of the checks carried out by the occupier in accordance with regulation 13;
(iii)if appropriate, the microbiological and hygienic condition of the products of animal origin;
(iv)the efficacy of the treatment of the meat products;
(v)the hermetically sealed containers by means of random sampling;
(vi)the appropriate health marking of the meat products and identification of products declared unfit for human consumption and what is done with the latter;
(vii)the storage and transport conditions;
(b)if appropriate take samples required for laboratory tests;
(c)make any other checks considered necessary to ensure compliance with these Regulations;
(d)if appropriate establish whether a meat product has been made from meat in which other foodstuffs, additives or condiments have been incorporated, by submitting it to an appropriate examination and establishing whether it complies with the production criteria laid down by the producer and especially whether the composition of the product truly corresponds to the information on the label, in particular where the sales description referred to in paragraph 4 of Part V is used.
2. The authorised officer shall have free access at all reasonable times to the cold stores and ambient stores and to all working establishments to check that these provisions are being strictly complied with.
Part VWrapping, Packaging and Labelling
1. Wrapping, packaging and labelling shall take place under satisfactory hygiene conditions in rooms provided for that purpose.
Without prejudice to Council Directive 89/109/EEC(32) on the approximation of the laws of the member States relating to materials and articles intended to come into contact with foodstuffs, wrapping and packaging shall comply with the rules of hygiene laid down in these Regulations, and be strong enough to protect the meat products effectively.
2. Wrapping and packaging may not be re-used for meat products, with the exception of certain special types of containers (“reusable containers”) such as earthenware, glass or plastic containers which may be re-used after thorough cleaning and disinfecting.
3. Manufacture of meat products and packaging operations may take place in the same room where reusable containers are used.
4. They may also take place in the same room if—
(a)the room shall be sufficiently large and so equipped that the hygiene of the operations is not compromised;
(b)where appropriate, the packaging and wrapping shall be enclosed in a sealed protective cover immediately after manufacture; this cover shall be protected from damage during transport to the meat products premises and stored under hygienic conditions in a room intended for that purpose;
(c)the rooms for storing the packaging material shall be free from amounts of dust which could constitute an unacceptable risk of contamination of the products and from vermin and have no atmospheric connection with rooms containing substances which might contaminate meat, minced meat, meat preparations or meat products. Packaging shall not be placed directly on the floor;
(d)packaging shall be assembled under hygienic conditions before being brought into the room; this requirement need not be complied with where the enforcement authority is satisfied that there is no risk of contamination of the meat products;
(e)packaging shall be brought to the room under hygienic conditions and used without delay. Where there is a risk of contamination it may not be handled by staff handling unwrapped meat, minced meat, meat preparations or meat products;
(f)immediately after packaging, the meat products shall be placed in the storage rooms provided for the purpose.
5. The species of meat used in the manufacture of the product shall be visible and legibly displayed on the wrapping or on the label of meat products, unless indicated by the sales description of the product or in the list of ingredients.
6. If the product is contained in packaging not intended for the final consumer, the date of preparation, or a code which can be interpreted by the recipient and by the enforcement authority allowing the identification of that date, shall be placed on the packaging or otherwise clearly indicated.
Part VIHealth Mark
Descriptions of health mark
1. The United Kingdom EC health mark shall consist of an oval mark containing in legible form and in printed capital letters the following information—
(a)in the upper part, the letters “UK” followed by the meat products premises code and in the lower part the letters “EEC”; or
(b)in the upper part the words “United Kingdom”, in the centre, the meat products premises code and in the lower part, the letters “EEC”.
2. The Northern Ireland regional health mark shall consist of a square surround containing in legible form and in printed capital letters the following information—
in the upper part, the letters “UK” followed by the meat products premises code and in the lower part the letters “NI”.
3. In the case of meat products from premises approved under regulation 4(5)(b), the United Kingdom EC health mark or Northern Ireland regional health mark (in addition to complying with paragraph 1 or 2) shall include the figure 8 and a hyphen, which shall precede the number which forms part of the premises approval code.
Other provisions
4. Subject to paragraph 6, meat products shall carry the United Kingdom EC health mark or Northern Ireland regional health mark in an easily visible place. Marking shall be carried out during or immediately after manufacture in the meat products premises or wrapping in a re-wrapping centre. The mark shall be legible, indelible and its characters easily distinguishable. The mark may be applied to the product or to the wrapping, if the meat product is individually wrapped, or to a label affixed to the wrapping in accordance with paragraph 7.
5. Subject to paragraph 6, where meat products marked in accordance with paragraph 4 are subsequently placed in a packaging, the health mark shall also be applied to the packaging. Where a meat product is individually wrapped and packaged, it shall be sufficient for the mark to be applied to the packaging.
6. The health marking of meat products is not necessary—
(a)where those products are wrapped and packaged individually and the health mark is applied to the packaging;
(b)where those products are contained in a sales unit and the health mark is applied to the external surface of that unit;
(c)where—
(i)those products form a consignment intended for further processing or wrapping in an approved establishment;
(ii)the consignment bears the health mark of the approved establishment consigning it in a place visible from the external surface, together with a clear indication of the intended destination; and
(iii)the recipient establishment maintains a record of the quantities, type and origin of meat products received in accordance with this paragraph and keeps that record for the period laid down in regulation 13(3); or
(d)where those products which are not wrapped or packaged but sold in bulk by the manufacturer directly to a retailer—
(i)the health mark is applied to the container carrying them in accordance with paragraph 4; and
(ii)the manufacturer maintains a record of the quantities and type of the meat products consigned in accordance with this point and of the name of the recipient and keeps that record for the period laid down in regulation 13(3).
7. The United Kingdom EC health mark or Northern Ireland regional health mark may be applied directly to the product by means acceptable to the enforcement authority or be pre-printed on its wrapping or packaging or to a label fixed to the product, its wrapping or packaging. Where it is applied to the wrapping, the health mark must be applied in such a way that either the health mark or the wrapping to which it is affixed is destroyed when the wrapping is opened.
8. The mark may also be on an irremovable plate of resistant material complying with the hygiene requirements laid down in these Regulations.
9. Where a meat product contains other foodstuffs of animal origin such as fishery products, dairy products or egg products, only one health mark must be applied.
Part VIIStorage and Transport
1. Meat products must be stored—
(a)in the rooms provided for in Schedule 2 Part I paragraph 1(a); or
(b)in any other place in accordance with the following conditions—
(i)meat products which cannot be kept at ambient temperatures may be stored in an approved cold store;
(ii)meat products which can be kept at ambient temperatures may be stored in stores of solid construction, provided that these are easy to clean and disinfect and are acceptable to the enforcement authority.
2. Meat products shall be despatched in such a way that they are protected during transportation from anything which might contaminate or adversely affect them. For this purpose account shall be taken of the length of the journey, the means of transport employed and the weather conditions.
3. Meat products shall, if the product so requires, be transported in vehicles equipped to ensure that they can be transported at the required temperatures and in particular that the temperature indicated in accordance with regulation 11 is not exceeded.
4. Subject to paragraph 5, meat products shall be accompanied by the commercial document referred to in regulation 12(1)(c).
5. The requirements of paragraph 4 shall not apply where it is possible to trace by means of an electronic information retrieval system, the information which would have been contained in the commercial document referred to in paragraph 4, at every link in the distribution chain from the original establishment of production to the final stage of marketing.
Part VIIISpecial Conditions for Pasteurised or Sterilised Meat Products in Cans and Other Hermetically Sealed Containers
The conditions in this Part of this Schedule must be satisfied in relation to meat products premises manufacturing pasteurised or sterilised meat products in hermetically sealed containers, in addition to the general conditions laid down in Schedule 1.
Al. Such premises shall have—
(a)a device for conveying empty cans hygienically to the work room;
(b)equipment enabling cans to be thoroughly cleaned immediately before filling;
(c)equipment for washing containers in potable water hot enough to remove grease after they have been hermetically sealed and before retorting;
(d)a suitable room, area or installation for cooling and drying containers after heat treatment;
(e)facilities for the incubation of samples taken from meat products packed in containers;
(f)adequate facilities for checking whether cans are hermetically sealed and undamaged.
2. The occupier of such premises shall ensure that—
(a)containers are removed from the heating equipment at a sufficiently high temperature to ensure rapid evaporation of moisture and are not touched by hand until completely dry;
(b)containers in which gas appears to be present undergo a further examination;
(c)the thermometers of heating equipment are checked against calibrated thermometers;
(d)containers are:
(i)rejected if damaged or badly made;
(ii)rejected or cleaned if they are dirty and thoroughly cleaned immediately before filling, by means of the cleaning equipment referred to in sub-paragraph 1(b); the use of static water is not permitted;
(iii)if necessary, drained for a sufficiently long time after cleaning and before filling;
(iv)if necessary, washed in potable water, sufficiently hot to remove grease if appropriate, after they have been hermetically sealed and before retorting, by means of the equipment referred to in sub-paragraph 1(c);
(v)cooled, after heating, in water meeting the requirements in sub-paragraph (e) of B;
(vi)handled, before and after heat treatment, in such a way that any damage or contamination is avoided.
B. The operator or manager of an establishment manufacturing meat products in hermetically sealed containers must also—
(a)check by sampling that a heat treatment is applied to meat products intended for storing at ambient temperature which is capable of destroying or inactivating all pathogenic micro-organisms and their spores. The operator or manager must keep a record of all relevant manufacturing parameters including (but not limited to) duration of heating, temperature, filling, size of containers. The heat treatment apparatus must be fitted with control devices making it possible to check that containers have undergone effective heat treatment;
(b)check by sampling that the material use for the containers meets Community requirements relating to materials intended to come into contact with foodstuffs;
(c)check on the daily output at intervals determined in advance, to ensure the efficacy of the sealing. To this end, suitable equipment must be available for examining perpendicular sections and the seams of the sealed cans;
(d)undertake additional checks by sampling to ensure that—
(i)sterilised products have undergone effective treatment, by means of—
(aa)incubation tests. Incubation must be performed at least 37°C for seven days or at least 35°C for 10 days, or any other time/temperature combination to which the prior consent of the enforcement authority has been obtained;
(bb)microbiological examination of the contents and the containers in the establishment’s laboratory or in another laboratory acceptable to the enforcement authority; and
(ii)pasteurised products in containers satisfy criteria acceptable to the enforcement authority,
such samples shall in each case be selected on the basis of a sampling schedule which takes account of the different risks inherent in different products and processes;
(e)undertake such checks as are necessary to ensure that the cooling water contains a residual level of chlorine after use, unless the enforcement authority is satisfied that the water is potable water.
c.—(1) The enforcement authority may accept the addition of certain substances to the water used in retorts in order to prevent corrosion of cans and to soften and disinfect the water.
(2) The enforcement authority may allow the use of recirculated water for cooling heat-processed containers. Such water shall be purified and have either been treated with chlorine or undergone some other approved treatment.
(3) The recirculated water shall circulate in closed circuit so that it cannot be used for other purposes. However, where there is no risk of contamination, the water used for cooling containers and water from retorts may be used at the end of a working period for cleaning floors.
Part IXSpecial Conditions for Meat-based Prepared Meals
In addition to the general conditions in Schedule 1 and in Parts I, II and III of this Schedule—
1. Meat products premises manufacturing prepared meals shall have a separate room for the preparation and wrapping of prepared meals or, if there is no risk of contamination, a separate area; a separate room is not required where meat products and meat are handled at separate times, provided the rooms used for these operations are cleaned and disinfected between use for each type of product.
2.—(a) the meat product contained in the prepared meal shall, as soon as it has been cooked:
(i)be mixed with the other ingredients as soon as practically possible; in that event the time during which the temperature of the meat product is between 10°C and 63°C shall not exceed two hours;
(ii)be refrigerated to 10°C or less before being mixed with the other ingredients; or
(iii)be subjected to a method of preparation approved by the Department;
(b)the prepared meal shall be refrigerated to an internal temperature of 10°C or less within a period of not more than two hours after the end of cooking and to the storage temperature as soon as possible. Meat products premises need not comply with the two-hour period where a longer period is justified for reasons connected with the production technology employed, provided that the safety of the end product is guaranteed and it is acceptable to the enforcement authority;
(c)the prepared meal shall, where appropriate, be frozen or quick-frozen immediately after cooling.
3. The results of the various checks to be carried out by the operator or manager shall be kept, so that they can be shown on receipt of any request from the enforcement authority, for a minimum period according to the durability of the product concerned.
Regulations 5(1)(b), (4) and (5)(b), 8(a) and 23(4)
SCHEDULE 3Storing, Rewrapping and Assembly of Meat Products
Part IRequirements for Ambient Stores
The occupier of an ambient store shall ensure that meat products are stored in rooms of solid construction which are easy to clean and disinfect.
Part IIRequirements for Rewrapping Centres
The occupier of premises approved in accordance with regulation 5(3)(a)(ii) shall comply with the appropriate requirements—
1.—(a) for premises in which meat products are rewrapped, the appropriate conditions in Schedule 1 and Schedule 2, Part I, paragraph 1(a), (b), (d), (e) and (f) and paragraph 2(a), (c), (i) and (j); or
(b)for premises in which unpackaged meat products are assembled for despatch elsewhere, the appropriate conditions in paragraph 1 of Part VII of Schedule 2.
2.—(a) The United Kingdom EC health mark or the Northern Ireland regional health mark must be applied to meat products at a rewrapping centre if the mark applied at the production establishment is removed or destroyed;
(b)If meat products are put together into batches for despatch from the centre without removal of their original wrapping and the mark applied at the production establishment remains intact, the centre need not apply the United Kingdom EC health mark or Northern Ireland regional health mark to further packaging;
(c)The United Kingdom EC health mark or Northern Ireland regional health mark must be applied to unpackaged meat products which have been stored under refrigerated conditions in a rewrapping centre. It shall be affixed to the last packaging applied at the centre, where such a last packaging is applied: and for the purposes of this Schedule “last packaging” means the final container or covering enclosing the meat products.
3. Occupiers of rewrapping centres must maintain adequate records so that an authorised officer of the enforcement authority may trace a rewrapped meat product back to its production establishment.
Part IIIRequirements for Cold Stores
1. The following provisions of Schedule 1 have effect, where appropriate, in relation to premises approved as a cold store—
(a)paragraphs 2, 6, 8, 9, 10, 11 and 13 of Part I; and
(b)paragraphs Al, 2, 4, 5 and 6 and B1 and 2 of Part II.
2. Every room in a cold store in which meat products are stored shall, in addition, have:
(a)insulation materials which are rot proof and odourless:
(b)a recording thermometer or recording telethermometer in or for each storage area;
(c)facilities for the hygienic handling and protection of meat products during loading and unloading.
3. The occupier of the cold store shall ensure that meat products are:
(a)kept at the internal temperature indicated in accordance with regulation 11;
(b)loaded, unloaded and handled in a hygienic manner;
(c)adequately protected during storage from any risk of contamination;
(d)identifiable as to origin while they are being stored;
(e)made available for inspection on request by an authorised person.
4. The occupier of the cold store shall ensure that—
(a)where unpackaged meat products are brought into the cold store they are not stored on wooden pallets;
(b)unpackaged meat products are stored separate from or at other times than packaged meat products.
5. The occupier of any premises at which meat products are to be frozen shall ensure that they are frozen—
(a)without unavoidable delay (which shall not preclude an initial period of stabilisation where appropriate);
(b)in a hygienic manner, by a rapid method, using suitable equipment.
Regulation 12(1)(b)
SCHEDULE 4
Regulation 15(b), (c) and (d)
SCHEDULE 5Specific Hygiene Standards for the Manufacture of Other Products of Animal Origin Intended for Human Consumption
Part IGeneral Conditions
Establishments manufacturing other products of animal origin may be used for the production of products not intended for human consumption only under the following conditions—
(a)raw materials unfit for human consumption shall be stored in a completely separate room or separate reception area;
(b)they shall be processed in separate rooms using separate installations and equipment, except where the processing takes place in completely enclosed installations or is carried out with equipment used exclusively for this purpose;
(c)the final products from these raw materials shall be stored in a different room or separate tanks which are labelled appropriately and shall not go for human consumption.
Part IISpecial Conditions for Rendered Animal Fats, Greaves and By-Products
In addition to the conditions in Schedule 1, the following conditions apply.
A.Standards applicable to premises collecting or processing raw materials
1. Centres for the collection of raw materials and further transport to processing premises shall be equipped with a cold store to store raw materials at a temperature of 7°C or less, unless the raw materials are collected and rendered within the time limits laid down in B4 and B5.
2. The processing premises shall have at least:
(a)a cold store, unless the raw materials are collected and rendered within the time limits laid down in B4 and B5;
(b)a room or place to receive raw materials;
(c)an installation to facilitate the visual inspection of raw materials;
(d)if appropriate, an installation to crush raw materials;
(e)equipment for the rendering of raw materials by heat or pressure or other appropriate method;
(f)containers or tanks in which the fat can be kept in liquid state;
(g)apparatus for plastification or crystallisation of the fat to facilitate market preparation and packaging, unless the establishment dispatches liquid rendered animal fat only;
(h)a dispatch room, unless the establishment dispatches melted animal fat only by means of tankers;
(i)watertight containers for the disposal of raw materials unfit for human consumption;
(j)if appropriate, suitable equipment for the preparation of products consisting of rendered animal fat mixed with other foodstuffs and/or seasonings;
(k)if greaves are produced, suitable facilities ensuring their hygienic collection, wrapping and packaging and storage under the conditions laid down in B11.
B.Additional hygiene requirements relating to the preparation of rendered animal fat, greaves and by-products
1. Raw materials shall originate from animals which received ante and post mortem inspection and the raw materials were found fit for human consumption.
2. The raw materials shall consist of adipose tissues or bones found fit for human consumption and which are reasonably free from blood and impurities. They shall not show signs of deterioration and shall be obtained under hygienic conditions.
3. Subject to paragraphs 4 and 5, for the preparation of rendered animal fat, only adipose tissues or bones, collected at slaughterhouses, cutting plants or meat products premises shall be used. Raw materials shall be transported and stored until rendering in hygienic conditions and at an internal temperature of 7°C or less.
4. Raw materials may be stored and transported unrefrigerated provided that they are rendered within twelve hours after the day on which they were obtained.
5. Raw materials collected at retail shops or in premises adjacent to sales points, where the cutting and the storage of meat or poultry meat is performed for the sole purpose of supplying the final consumer directly, may be used for the preparation of rendered animal fat, provided they are in a satisfactory hygienic condition and properly packed. When the raw materials are collected daily the temperature requirements laid down in paragraph 3 shall be complied with. If the raw materials are not collected daily, they shall be refrigerated immediately after they have been obtained.
6. Vehicles and containers for the collection and transport of raw materials shall have smooth internal surfaces, easy to wash, clean and disinfect and vehicles shall be adequately covered. Vehicles for refrigerated transport shall have been designed in such a way that the temperature required can be maintained throughout the period of transport.
7. Before rendering, raw materials shall be inspected for the presence of raw materials unfit for human consumption, or extraneous matter. When present these shall be removed.
8. Raw materials shall be rendered by heat, pressure or other appropriate method, followed by separation of the fat by decantation, centrifugation, filtration or other appropriate method. The use of dissolvents is prohibited.
9. Rendered animal fat which is prepared in accordance with the foregoing paragraphs may be refined in the same or other premises to improve its physico-chemical quality when the fat for refining satisfies the standards laid down in paragraph 10.
10. Rendered animal fat, depending on type, shall meet the following standards:
Bovines
Pigs
Other animal fat
Edible tallow
Tallow for refining
Edible pig fat
Lard and other pork fat for refining
Premier jus(1)
Other
Lard(2)
Other fat
Edible
For refining
FFA (m/m% oleic acid) maximum
0.75
1.25
3.0
0.75
1.25
2.0
1.25
3.00
Peroxyd maximum (meg/kg)
4
4
6
4
6
6
4
10
Moisture and impurities
maximum 0.5%
Odour, taste, and colour
normal
(1) Rendered animal fat obtained by the low-temperature rendering of fresh fat from the heart, caul, kidneys and mesentery of bovine animals, and fat from cutting rooms.
(1) Melted fat obtained from rendering the adipose tissues of swine.
11. Greaves intended for human consumption shall be stored:
(a)when rendered at a temperature of 70°C or less: at a temperature of less than 7°C for a period not exceeding 24 hours or at −18°C or lower;
(b)when rendered at a temperature of more than 70°C and having a moisture content of 10% (m/m) or more either:
(i)at a temperature of less than 7°C for a period not exceeding 48 hours or at a time/temperature ratio offering an equivalent guarantee, or
(ii)at −18°C or lower;
(c)when rendered at a temperature of more than 70°C and having a moisture content of less than 10% (m/m): no specific requirement.
Part IIISpecial Conditions for Stomachs, Bladders and Intestines
In addition to the conditions in Schedule 1, premises treating stomachs, bladders and intestines shall comply with the following conditions.
1. Premises, instruments and tools shall be used only for work on the products concerned; there shall be a clear division between clean and unclean sections;
2. The use of wood is forbidden; however the use of wooden pallets is authorised for the transport of the containers of the products concerned;
3. Premises shall be provided for storing, wrapping and packaging materials;
4. Wrapping and packaging shall take place under hygienic conditions in a room or in a place intended for that purpose;
5. Products which cannot be kept at ambient temperature shall be stored until their despatch in premises intended for that purpose;
In particular, products which are not salted or dried shall be kept at a temperature not exceeding 3°C
6. Raw materials shall be transported from the slaughterhouse of origin to the premises under satisfactory hygiene conditions and, where appropriate having regard to the period between slaughter and the collection of the raw materials, refrigerated. Vehicles and containers for transporting such materials shall have smooth internal surfaces which are easy to wash, clean and disinfect. Vehicles for refrigerated transport shall have been designed in such a way that the temperature required can be maintained throughout the period of transport.
Explanatory Note
(This note is not part of the Regulations.)
These Regulations implement Council Directive 92/5/EEC (O.J .No. L57, 2.3.92, p. 1) (“the Directive”) amending and updating Directive 77/99/EEC (O.J. No. L.26, 31.1.77, p. 85) on health problems affecting intra-Community trade in meat products and amending Directive 64/433/EEC (OJ No. 121, 29.7.64, (OJ/SE l963-64 p.185)), as amended by Article 14(3) of Council Directive 92/45/EEC (O.J. No. L.268, 14.9.92, p. 35) read with Commission Decision 94/383/EC (O.J. No. L.174, 8.7.94, p. 33). The Regulations relate to States (other than Iceland) in the European Economic Area. This is by reason of the EEA Agreement (at O.J. L.1, 3.1.94) and Decision No. 7/94 of the EEA Joint Committee (see Annex 2 at O.J. L.160/13, 28.6.94).
The Regulations do not apply to establishments handling or storing meat products or other products of animal origin exclusively for sale from those establishments to the final consumer, or to the staff of such establishments or to the transporting of meat products to the final consumer (regulation 3).
The Regulations—
(a)require premises that handle or store meat products to be approved under and comply with the Regulations. From the date on which the Regulations come into force meat products may only be despatched to a relevant EEA State from approved premises; approvals will be granted on written application to the approval authority, subject to satisfaction of appropriate conditions (regulations 4 and 5);
(b)make provision for the revocation of approvals (regulation 6);
(c)provide a right of appeal (regulation 7);
(d)specify conditions to be complied with in relation to the sale of meat products for human consumption (regulation 8);
(e)specify requirements as to wrapping, packaging and labelling of meat products (regulation 9);
(f)specify requirements as to health marking of meat products and indication of storage temperature and durability (regulations 10 and 11);
(g)specify requirements as to storage and transportation of meat products (regulation 12);
(h)specify duties of the occupier of an establishment (regulation 13);
(j)specify conditions for the sale of any prepared food (other than a meat-based prepared meal) obtained from raw material of animal origin (regulation 14);
(k)prohibit the manufacture of other products of animal origin except in accordance with specified conditions and also specify the conditions for the marketing and transportation of such products (regulations 15 to 17);
(l)make transitional provision for the use of premises, tools and equipment used for the preparation of meat products bearing an EC health mark, for the production of other specified products in pursuance of derogations provided by Directive 91/498/EEC (O.J. No. L268, 24.9.91, p. 105) (regulation 18);
(m)require enforcement authorities to supervise establishments and to enforce and execute the Regulations (regulation 19);
(n)create offences and prescribe penalties (regulation 20);
(o)apply specified provisions of the Food Safety (Northern Ireland) Order 1991, including the defence of due diligence (regulation 21);
(p)require food authorities to provide specified information to the Minister (regulation 22); and
(q)make provision for the sale of meat products and other products of animal origin from Great Britain, the Isle of Man and the Channel Islands and amend specified Regulations (regulations 23 and 24).
(1)
S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12). See Article 2(2) for the definitions of “the Department concerned” and “regulations”
(2)
S.I. 1972/1811
(3)
1972 c. 68
(4)
S.R. 1997 No. 493
(5)
Directive 64/433/EEC has been amended and consolidated by Directive 91/497/EEC (O.J. No. L.268, 24.9.91, p. 69)
(6)
O.J. No. L.55, 8.3.71, p. 23, amended and replaced by Council Directive 92/116/EEC (O.J. No. L.62, 15.3.93, p. 1)
(7)
O.J. No. L.302, 31.12.72, p. 24 (O.J./S.E. 1972 (31 December) p. 3)
(8)
O.J. No. L.302, 31.12.72, p. 28 (O.J./S.E. 1972 (31 December) p. 7)
(9)
O.J. No. L.382, 31.12.88, p.3
(10)
O.J. No. L.268, 24.9.91, p. 41
(11)
O.J. No. L.268, 14.9.92, p. 35
(12)
S.R. 1997 No. 495
(13)
S.R. 1995 No. 360, the relevant amending Regulations are S.R. 1997 No. 493, S.R. 1997 No. 495 and S.R. 1997 No. 496
(14)
S.R. 1995 No. 396, the relevant amending Regulations are S. R. 1997 No. 496
(15)
S.R. 1997 No. 230
(16)
S.R. 1997 No. 231
(17)
S.R. 1996 No. 427
(18)
S.R. 1996 No. 428
(19)
S.R. 1997 No. 496
(20)
1954 c. 33 (N.I.)
(21)
S.I. 1994 No. 3082
(22)
O.J. No. L.302, 31.12.72, p. 28 (O.J./S.E. 1972 (31 December) p. 7)
(23)
S.R. 1996 No. 383
(24)
S.I. 1996/1499
(25)
S.I. 1981 No. 1115 (N.I. 22)
(26)
O.J. No. L.268, 24.9.91, p. 105
(27)
S.R. 1995 No. 377; the relevant amending Regulations are S.R. 1997 No. 493, S.R. 1997 No. 495 and S.R. 1997 No. 496
(28)
S.R. 1992 No. 167; the relevant amending Regulations are S.R. 1994 No. 346, S.R. 1995 No. 396, S.R. 1997 No.493, S.R. 1997 No. 495 and S.R. 1997 No. 496
(29)
O.J. No. L.302, 30.12.72, p. 28
(30)
O.J. No. L.373, 31.12.90, p. 1
(31)
S.R. 1992 No. 167; the relevant amending Regulations are S.R. 1994 No. 346, S.R. 1995 No. 396, S.R. 1997 No. 493, S.R. 1997 No. 495 and S.R. 1997 No. 496
(32)
O.J. No. L.40, 11.2.89, p. 38
