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Royal Decree 361/2009 Of 20 March, Which Regulates Information About The Food Chain That Must Accompany The Animals Destined For Slaughter.

Original Language Title: Real Decreto 361/2009, de 20 de marzo, por el que se regula la informaciĆ³n sobre la cadena alimentaria que debe acompaƱar a los animales destinados a sacrificio.

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Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs requires food business operators to carry and keep records on the the measures applied to control the hazards in an appropriate manner and for a sufficient period taking into account the nature and size of the food business and which, upon request, make the relevant information available to them records at the disposal of the competent authorities and of the food business operator to which the receive it.

In addition, the Regulation lays down the records which, in particular, must be carried out by food business operators who raise animals. The information obtained from these records, which the farmers have to make available to the food company that the animals receive for their slaughter, constitutes the information of the food chain. Food chain information helps the slaughterhouse operator to organise the slaughter operations and the official veterinarian to determine the necessary inspection procedures.

Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin provides that the slaughterhouse operator must to request, receive, verify and intervene in information on the food chain contained in the records of the holding of origin of the animals, except wild game, which have been sent or are to be sent to the slaughterhouse. It also requires the slaughterhouse operator to ensure that information on the food chain provides all the information required under Regulation (EC) No 853/2004.

In Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing measures for certain products in accordance with the provisions of Regulation (EC) No 853/2004 of the European Parliament Derogations from the provisions of Regulations (EC) No 854/2004 of the European Parliament and of the Council and (EC) No 882/2004 of the European Parliament and of the Council are introduced for the organisation of official controls in accordance with Council Regulation (EC) No 854/2004 and Council Regulation (EC) No 854/2004. the provisions of Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 provide that the competent authority of the place of dispatch shall inform the food business operator of the minimum elements of information on the food chain which they must communicate to the slaughterhouse in accordance with Section III of Annex II to Regulation (EC) No 853/2004.

Commission Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitional provisions for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 The European Parliament and the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 provide for the possibility for Member States to apply a transitional period in relation to information on the food chain for the different species, with the exception of poultry. It also provides that the competent authority may allow such information to be sent, during the transitional period, to the operators of the slaughterhouses together with the animals of all species, instead of 24 hours before the arrival of the animals. animals, as provided for in Regulation (EC) No 853/2004.

This royal decree aims to develop the minimum elements of information on the food chain that the food business operator that issues the animals must communicate to the economic operator of the slaughterhouse and that do not constitute the totality of data that the food business operator must have on its operating records. That is to say, this royal decree will not affect animals that do not last their slaughter in slaughter.

The transitional periods for the provision of information from the food chain to the slaughterhouse in the various species and for the arrival of information 24 hours before the reception of the animals are also laid down. except in cases where due to its characteristics it is necessary to receive the information in advance, which are collected in the additional provision.

On the other hand, there is a great dispersion, in Community legislation, of provisions relating to information on the food chain, so we find that: in Regulation (EC) No 852/2004 registers are established which must be carried and maintained by operators who raise animals (Annex I, Part A), in Regulation (EC) No 853/2004, it is established that the data contained in the records of the holding must be transmitted to the operators of the slaughterhouses and, in addition, the obligations of the operators of the holding of origin of the animals and operators of slaughterhouses (Annex II Section III); Regulation (EC) No 854/2004 lays down the functions of official veterinarians (Annex I Section I, Chapter II, Part A), decisions of official veterinarians (Annex I Section II Chapter II) and the communication of the results of the inspection is regulated (Annex I Section II Chapter I); and finally, in that of Regulation (EC) No 2074/2005, the obligations of the operators of the company are also established. food (Annex I Section I), the checks to be carried out by the competent authority of the place for slaughter (Annex I Section II Chapter I), as well as the information to be sent to the holding of provenance (Annex I Section II Chapter II).

Without prejudice to the direct and immediate application of the abovementioned Community regulations, given their high number, extent and complexity, it has been considered appropriate to transcribe certain precepts thereof in order to facilitate the understanding and systematization of all aspects related to food chain information.

This provision is adopted with a regulatory range as, according to the Constitutional Court, this royal decree is considered an essential complement to ensure the lowest common denominator established in the the Community rules which apply to regulated matters.

In the elaboration of this norm the affected sectors and the autonomous communities have been heard, having issued a preceptive report the Inter-Ministerial Commission for Food Management.

This royal decree is issued under the protection of Article 149.1.16 of the Constitution, which attributes to the State exclusive competence in the field of bases and general coordination of health, and in accordance with the provisions of the article 40.2 of Law 14/1986, of 25 April, General of Health.

In its virtue, on the proposal of the Minister for Health and Consumer Affairs and the Minister for the Environment, and the Rural and Marine Environment, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 20 March. March 2009,

DISPONGO:

Article 1. Object and scope of application.

1. This royal decree aims to systematize and develop the Community's normative provisions on food chain information by establishing:

(a) The obligations of food business operators and competent authorities in relation to information on the food chain.

(b) Data that operators of livestock farms raising animals for slaughter, which are required to supply food chain information, should have available.

(c) Information on the food chain, to be provided by the owner of the animals to the slaughterhouse operator, on animals originating in a holding located in Spain and destined for slaughter for human consumption; in the slaughterhouses.

(d) The information to be communicated by the competent authorities to the holding of provenance of the production animals slaughtered in slaughterhouses.

2. For the purposes of complying with Article 1 (1) (b) and in agreement, the competent authorities shall regulate the databases and registers in the areas referred to in Annex I.

3. The provisions of this royal decree regarding information on the food chain will not apply to wild game pieces.

Article 2. Definitions.

The definitions of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down general principles and requirements shall apply, to the extent necessary. of food law, the European Food Safety Authority is established and procedures relating to food safety are laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs; Regulation (EC) No 853/2004 of the European Parliament European Council of 29 April 2004 laying down specific rules for the hygiene of foodstuffs of animal origin, of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the hygiene of foodstuffs of animal origin lay down specific rules for the organisation of official controls on products of animal origin intended for human consumption and Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on controls (a) officials shall ensure the verification of compliance with the feed and feed legislation; food and animal health and animal welfare regulations.

Without prejudice to the definitions laid down by the relevant Community regulations, the following are added:

1. Private veterinarian: The veterinarian responsible for the livestock holding, that is, the veterinarian or veterinary undertaking which is in the service, whether or not exclusively on a holding, temporarily or permanently, for the provision of the services and tasks of the veterinary profession which the person responsible for the holding has entrusted to him.

In addition, provided that you meet those same requirements, you may be considered responsible for the exploitation:

(a) If the holding belongs to a Sanitary Defense Pool, the veterinarian responsible for it.

b) If it is an integrated farm, the veterinarian designated by the integrative entity.

(c) If the holding is a member of an entity or a livestock grouping as provided for in Article 85 of Royal Decree 109/1995 of 27 January 1995, the veterinary service of that entity.

(d) In the case of a partner or a member of a cooperative or a processing agricultural company, the veterinarian of the associative entity does have the same.

In the rest of the cases, the private veterinarian will be the one who has provided his services more frequently in the last few months or in his absence the last one who came to the farm to perform his task on the same.

2. Concentration Centre: Any holding, including collection centres and markets, where livestock is gathered from different holdings to form lots of animals for trade or for auction, competition or livestock exposure, as well as animal testing centres. Facilities authorised to host livestock for the purpose of being placed on the market by traders or traders for the development of their activity shall not be considered as such.

3. Exploitation of treatment or commercial operators: Aquellas belonging to any natural or legal person registered in the activity, directly or indirectly engaged in the purchase and sale of animals for immediate commercial purposes, which has a the number of regular business with such animals and which, within a maximum of 30 days after the purchase of the animals, sells them or moves them from the first premises to others which do not belong to them.

Article 3. Responsibilities of operators of livestock holdings. (Annex I Part A-III to Regulation (EC) No 852/2004; Annex II Section III to Regulation (EC) No 853/2004; Annex I Section I to Regulation (EC) No 2074/2005).

1. The operator of the livestock holding, or responsible person authorised by it, which is to send production animals to the slaughterhouse, shall provide the slaughterhouse operator with information on the food chain, without prejudice to the official documentation required by other rules that apply to it.

2. Information on the food chain transmitted to the slaughterhouse operator should be based on the data and documents available to the slaughterhouse operator. For this purpose, operators of livestock holdings which breed animals for slaughter shall in particular have the minimum information set out in Annex I.

3. The operator of the livestock holding, or the authorised person responsible, shall send the information in the food chain so that the slaughterhouse operator receives it at least 24 hours before the arrival of the animals.

4. However, in the following cases, this information may accompany the animals to the slaughterhouse:

(a) porcine animals, poultry or farmed game which have undergone an ante-mortem inspection on the holding of provenance, if accompanied by a certificate signed by the veterinarian in which he declares that he has examined to the animals on the holding and which has found them healthy.

b) Domestic Solipeds.

(c) Animals which have been subjected to emergency slaughter, if accompanied by a declaration signed by the veterinarian in which the favourable result of the ante-mortem inspection is recorded.

(d) Animals not delivered directly from the holding of provenance to the slaughterhouse.

In any of these four scenarios, the animals shall be accompanied by information from the food chain stating that they are covered by the derogation provided for in the appropriate letter of this paragraph.

Article 4. Information on the food chain. (Annex II Section III of Regulation (EC) No 853/2004).

1. Information on the food chain referred to animals intended for slaughter shall be included in a declaration signed by the operator of the livestock holding.

2. The declaration and signature may be entered in any medium or support admitted in law.

3. This information shall contain at least the data in Annex II.

4. The data may be annexed to the declaration in supplementary documents issued for other purposes, or provided as a textual extract from the records of the holding of provenance or other documentation.

5. In addition, information on the food chain may be collected in a single document reflecting both the information in the official databases and the information from the records of the farmer himself.

6. By way of derogation from point 1, it shall not be necessary to provide the information in paragraphs C1 and D1, 2, 6 and 9 of Annex II, where the slaughterhouse operator already has this information through a permanent arrangement or a system of quality assurance. In this case, in the records of the slaughterhouse operator, the data relating to those paragraphs shall be included in their procedures based on the principles of Hazard Analysis and Critical Control Points (HACCP).

Article 5. Responsibilities and obligations of the slaughterhouse operators. (Annex II Section III of Regulation (EC) No 853/2004).

1. Slaughterhouse operators shall not accept animals at the slaughterhouse premises unless they have received the relevant information on the food chain 24 hours before the arrival of the animals at the slaughterhouse, except in the case of circumstances referred to in Article 3 (4).

2. Where the animals arrive at the slaughterhouse without the information on the food chain, with deficiencies in their completion, or where the content of that information presents reasonable doubts as to their validity or reliability, the operator shall immediately notify the official veterinarian. The slaughter of the animal shall not take place until the official veterinarian so permits.

3. Slaughterhouse operators who decide to accept animals in their establishments after assessing the information on the food chain, shall transfer this information to the official veterinarian without delay and shall notify them of any information which raises concerns about health before the ante-mortem inspection of the animal concerned.

4. In the cases referred to in Article 3 (4), if the slaughterhouse operators accept the animals for slaughter, they shall supply the documents referred to in (a) and (c) of that paragraph to the official veterinarian and the passports accompanying the domestic solipeds. The slaughter of the animal shall not take place until the official veterinarian so permits.

5. In order to manage the information in the food chain received, operators will develop methods to properly assess this information and will be linked to HACCP-based procedures. They may also be linked to the application of integrated production systems, private control systems, third-party or other certifications.

Article 6. Obligations of the competent authorities. [Annex I Section II Chapter I of Regulation (EC) No 2074/2005].

1. The competent authority of the place of dispatch shall issue the relevant documents which must accompany the animals in accordance with the applicable rules.

2. The competent authority of the place of slaughter shall check whether:

a) food chain information is communicated consistently and effectively,

b) is valid and reliable, and

c) relevant information from the animal health and food safety point of view is sent to the holding, if deemed necessary.

Article 7. Verification of the information by the official veterinarian. [Annex I Section I Chapter II Part A and Section II Chapter II of Regulation (EC) No 854/2004; Annex I Section I of Regulation (EC) No 2074/2005].

1. The official veterinarian shall verify that no animals are slaughtered if the slaughterhouse operator has not received and checked the relevant information on the food chain.

However, the official veterinarian may allow animals to be slaughtered in the slaughterhouse even if the information on the food chain is not available. In this case, all relevant information on the food chain must be provided before the channel can be approved for human consumption. Pending a final decision, the channels concerned and the corresponding offal shall be stored separately from the rest of the meat.

Where, within 24 hours of the arrival of the animal at the slaughterhouse, the relevant information in the food chain is not available, all meat of that animal shall be declared unfit for human consumption. If the animal has not been slaughtered, it shall be slaughtered separately from other animals. That period may be extended by the official veterinarian, to the extent necessary, where it considers the delay in the arrival of the relevant information to be justified.

2. The official veterinarian should check and analyse the information in the food chain and take into account the documented results of these checks and analyses when carrying out ante-mortem and post-mortem inspections.

3. When carrying out inspection tasks, the official veterinarian should take into account the official certificates accompanying the animals and, where appropriate, the declarations of veterinary surgeons carrying out checks on primary production, including the Official veterinarians and authorized veterinarians.

4. Where food business operators take additional measures to ensure food security through the application of integrated systems, private control systems, independent certification by third parties, or by other means, and where these measures are documented and the animals concerned are clearly identifiable, the official veterinarian may take this into account when carrying out inspection tasks and review procedures based on the HACCP system. of the slaughterhouse.

This will not be applicable if the animals come from treatment or concentration centres.

Article 8. Actions in case of non-compliance. (Annex I Section II Chapter II of Regulation (EC) No 854/2004).

In order to eliminate the risks to human health or animal health, animals for slaughter shall not be permitted, except in accordance with procedures provided for in the applicable legislation, if:

(a) the documentation or any other accompanying information shows that the animals come from a holding or from an area subject to a movement ban or other restriction for reasons of public health or health animal;

(b) the rules on the use of veterinary medicinal products have not been complied with, or

(c) there is any other factor that may impair human health or animal health.

If the animals are already present in the slaughterhouse, they must be slaughtered separately and declared unfit for human consumption, taking, where appropriate, appropriate precautions to safeguard public health and safety. animal health. Where the official veterinarian considers it necessary, it shall inform the competent authority by the appropriate authority to carry out the relevant official controls on the holding of provenance.

In addition, the competent authority shall take appropriate measures if it finds that the records, documentation or other information accompanying the animals do not correspond to the true situation of the holding of the origin or the true state of health of the animals, or are intended to deliberately mislead the official veterinarian. The competent authority shall act against the operator responsible for the animals. This situation may consist, in particular, in the carrying out of additional checks. The costs of these additional checks shall be borne by the operator responsible for the holding of provenance or in his case from the other persons involved.

Article 9. Communication of the results of the inspection. [Annex I Section II Chapter I of Regulation (EC) No 854/2004; Annex I Section II Chapter II of Regulation (EC) No 2074/2005].

1. Where the official veterinarian detects a disease or health condition which may affect public health, animal health or endanger the welfare of the animals, it shall inform the operator of the slaughterhouse. Where the slaughtered animals have been reared on a holding in the Spanish territory, the official veterinarian shall ensure that the relevant inspection results to be communicated to that holding are included with the administrative cooperation of the slaughterhouse operator in the relevant databases. To this end, it shall use the model document set out in the Appendix to Annex I to Regulation (EC) No 2074/2005 or another model containing at least the data contained in that model.

In addition, it shall use the name of the disease in accordance with the nomenclature set out in the Animal Health Code of the World Organisation for Animal Health.

2. Where the problem originates in the primary production stage, the official veterinarian, with the administrative cooperation of the slaughterhouse operator, shall inform the following information as soon as possible:

(a) The veterinarian dealing with the holding of provenance.

(b) The operator responsible for that holding or, where appropriate, the treating or intermediary for transmitting it, provided that such information does not compromise subsequent judicial proceedings.

(c) The competent authority responsible for monitoring such exploitation, where appropriate.

3. Where the animals slaughtered have been reared on a holding situated in another Member State, the competent authority shall act in accordance with the provisions of Regulation (EC) No 2074/2005.

Article 10. Infringements and penalties.

In the event of non-compliance with the provisions of this royal decree, the regime of infringements and penalties laid down in Law 14/1986 of 25 April, General of Health and Law 8/2003 of 24 April of Health will apply. Animal and other provisions resulting from application.

Single additional disposition. Standards of adequacy for the remission of information on the food chain.

1. By way of derogation from the third final provision, where there are elements of information on the food chain which may cause significant disturbance to the slaughterhouse activity, the person responsible for the slaughter shall be notified without delay. last before the arrival of the animals.

2. In addition, the 24-hour notice period for the supply of food chain information provided for in Article 3.3 shall be required from the entry into force of this provision, where the objectives of the Regulation are jeopardised. (EC) No 853/2004, of the European Parliament and of the Council of 29 April 2004, as well as when animals come from holdings in which one of the following circumstances applies:

(a) Holdings which are considered to be suspicious for having produced positive results in the last year for the analysis of waste in the field of Royal Decree 1749/1998 of 31 July establishing the control measures applicable to certain substances and their residues in live animals and their products.

(b) Holdings whose animals or means of production are frozen by legal proceedings in the field of public health or food safety, and the dispatch of the animals for their use has been authorised. slaughter in slaughter.

(c) Animals other than lagomorphs that have undergone any pharmacological treatment within 30 days preceding consignment to the slaughterhouse.

(d) Within the National Programmes for the control or eradication of diseases, the positive, suspected or compulsory slaughter animals.

e) Holdings where the total or partial level of seizures affects 50% of the animals slaughtered on the same day, and this fact has been communicated in accordance with Article 9. In this case, food chain information shall be sent 24 hours in advance for 1 month from the date on which such seizures were made.

Single repeal provision. Regulatory repeal.

The provisions of equal or lower rank shall be repealed as set out in this royal decree, and in particular Article 10.1 and Annex XI to Royal Decree 3454/2000 of 22 December 2000 establishing and regulates the coordinated Comprehensive Programme for the surveillance and control of transmissible spongiform encephalopathies of animals, as last amended by Order PRE/2893/2007, amending Annex XI to Royal Decree 3454/2000, December 22, for which the coordinated Comprehensive Monitoring and Monitoring Programme is established and regulated. control of transmissible spongiform encephalopathies of animals.

Final disposition first. Competence title.

This royal decree, which has the consideration of a basic rule, is issued under the protection of article 149.1.16 of the Spanish Constitution, for which exclusive competence in the field of bases and general coordination is attributed to the State. of health.

Final disposition second. Development and modification faculty.

The Ministers for Health and Consumer Affairs and the Environment, and the Rural and Marine Environment are empowered to amend, by ministerial order, in the field of their competence, the content of the Annexes for their adaptation to the community.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette". However and without prejudice to the provisions of the additional provision:

1. In the field of lagomorphs and farmed game, the requirements for information on the food chain shall not be required until 30 December 2009.

2. The period of 24 hours in advance, as laid down in Article 3 (3), shall be payable as from 1 January 2010.

Given in Madrid, 20 March 2009.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX I

Minimum data to be provided by operators of livestock farms raising animals for slaughter in order to provide food chain information

(a) Veterinary medicinal products or other treatments administered to animals, with the trade name or active substance, applied doses, the dates of their administration and the waiting times.

(b) Diseases appearing on the holding which may affect the safety of products of animal origin, indicating the date of appearance or diagnosis, the number of animals concerned, the measures applied, the date of the disappearance of the disease.

(c) Results of all analyses carried out on samples taken from animals and other samples taken for diagnostic purposes, which are of relevance to human health.

(d) Relevant reports on controls carried out on animals or products of animal origin and in particular the results of the analysis of official samples taken in the framework of surveillance and control programmes residues and the results of the inspection reported from the slaughterhouse on animals of that holding sent for slaughter.

ANNEX II

Food Chain Information Minimum Fields/Fields

A. Administrative data.

B. Data for the shipment.

C. Information about the animals sent.

D. Information on the holding of provenance.

A. Administrative data

1. Name of the undertaking, the holding and the person responsible for the issue.

2. Transfer document, duly completed.

3. Time and place of stay of the animals in the last 30 days, 21 days in case of birds. Where necessary, the information shall be collected from the previous owner or holder of the animals.

B. Shipment Data

1. Species, number of animals (in letter) and their approximate ages (age group).

2. Individual or collective identification (identification of lots) of animals, where appropriate, with regard to crotals and tattoos.

C. Information on the animals sent

1. Whether or not the animals have been subject to a general review by a veterinarian within 48 hours prior to the transfer of the documentation. In the event of a failure to perform and detect abnormalities of interest in your health status, the symptomatology will be indicated.

2. Animals subjected to treatment in the last 30 days, with details of the latter.

D. Information on the holding of provenance

1. Health status or status of the holding and, if relevant, the health status or status of the region or province.

2. Presence of relevant changes in the health status of other animals in the holding in the last 48 hours and if any, the symptomatology shall be described.

3. Diagnosis by a veterinarian, in the 12 months prior to the shipment, of diseases that may affect the safety of the meat, relating them, if any.

4. Results of the analysis of samples taken, in the last 6 months, in the framework of the surveillance and control of zoonoses.

5. Samples taken in animals, in the last 6 months, to investigate residues, detailing the chemicals analyzed and the results in positive cases.

6. Reports, including, in the case of notification from a slaughterhouse, of findings with health relevance in other animals of this holding in the last two years.

7. Where appropriate, the additional measures referred to in Article 7.4.

8. Relationship of disease control or surveillance programs in which they participate.

9. Name and address of the private veterinarian normally attending the holding.

10. If it is found in one of the assumptions referred to in Article 3.4 in which food chain information may accompany the animals to the slaughterhouse.

This information shall be accompanied by a declaration of conformity signed by the holder of the holding of provenance and the intended date of departure of the animals.

Upon receipt in the slaughterhouse, the declaration shall be signed, in the case of conformity, by the holder of the slaughterhouse of destination indicating the date of receipt of the animals.