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 información sobre la cadena alimentaria que debe acompañar 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 operators of companies food that take and maintain records about the measures in place to control hazards in an appropriate way and over one sufficient period taking into account the nature and size of the food business and that , upon request, put the relevant information that will be recorded in these records available to the competent authorities and the operator of a food company that should receive it.

Also, the cited regulation establishes records which, in particular, food business operators who bred animals must be. The information obtained from these records, that farmers have to put at the disposal of the enterprise food received by the animals for slaughter, is the information on the food chain. The food chain information helps the slaughterhouse operator to organize the operations of sacrifice 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, which lays down specific rules of hygiene of foodstuffs of animal origin, established the slaughterhouse operator should request, receive, check and intervene in the information about the food chain contained in the records of the holding of provenance of the animals except for wild game, which have been sent or to be sent to the slaughterhouse. It also imposes that the slaughterhouse operator to ensure that the food chain information provides all the information required pursuant to Regulation (EC) No. 853/2004.

In Regulation (EC) No. 2074 / 2005 the Commission of 5 December 2005, whereby measures of application for certain products pursuant to the provisions in Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls in accordance with provisions in 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 introduced exceptions to the provisions in 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, is available to the competent authority of dispatch to inform the food business operator dispatcher about the minimum elements of information about the food chain that must communicate to the slaughterhouse , pursuant to annex II, section III, of Regulation (EC) No. 853/2004.

Regulation (EC) No. 2076 / 2005 from the Commission of 5 December 2005, which lays down transitional provisions for the application of regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending regulations (EC) No. 853/2004 and (EC) No. 854/2004 It establishes the possibility for Member States to apply a transitional period with regard to the information on the food chain for the different species, with the exception of poultry. Also provides that the competent authority may permit that such information be sent, during the transitional period, the operators of slaughterhouses along with animals of all species, rather than 24 hours before the arrival of the animals, as set out in Regulation (EC) No. 853/2004.

This Royal Decree aims to develop the minimum elements of information about the food chain that the operator of the food company issuing the animals should be communicated to the economic operator of the slaughterhouse and which do not constitute the totality of data that the food business operator must have in your farm records. I.e., this Royal Decree will not affect animals that do not have ultimate destiny slaughter in a slaughterhouse.

Also, establish transitional periods applicable to the supply of the food chain to the slaughter information in different species and to the arrival of the information 24 hours before the reception of the animals, except in the cases in which it is necessary to receive information in advance, to be found in the additional provision.

On the other hand, there is a wide dispersion, in Community legislation, of provisions relating to the information on the food chain, thus we find that: in the of Regulation (EC) No. 852/2004 are set records that should bring and keep exploiters that bred animals (annex I part A), in Regulation (EC) No. 853/2004 sets to which data of the contents in the records of the holding must be transmitted to operators of slaughterhouses and are also designated the obligations of the operators of the holding of provenance of the animals and the operators of slaughterhouses (annex II section III); in Regulation (EC) No. 854/2004, establishing the functions of the veterinary officers (annex I section I Chapter II part A), the decisions of the official veterinarian (annex I section II chapter II) and regulates the communication of the results of the inspection (annex I section II chapter I); and, finally, in the of Regulation (EC) No. 2074 / 2005, establish, also, obligations of food business operators (annex I section I), the checks to be carried out by the competent authority of the place of slaughter (annex I section II chapter I), as well as, information which should refer to the holding of origin (annex I section II chapter II).

Without prejudice to the direct and immediate application of the abovementioned Community regulations, given their large number, extension and complexity, it was considered convenient to transcribe certain precepts thereof to facilitate understanding and systematization of all aspects related to the food chain information.

This provision is adopted with regulatory range since, according to the Constitutional Court, it is considered that this Royal Decree constitutes an indispensable complement to ensure the lowest common denominator, laid down in the Community rules which are applicable to the regulated matter.

In the preparation of this standard have been heard the sectors affected and the autonomous communities, having issued the inter-ministerial Commission for food management mandatory report.

This Royal Decree is issued on the basis of article 149.1.16. ª of the Constitution, which attributes to the State the exclusive competence in bases and general coordination of health, and in accordance with the provisions of article 40.2 of the Act 14/1986 of 25 April, General health.

By virtue, on the proposal of the Minister of health and Consumer Affairs and the Minister of the environment, and Rural and marine, according to the Council of State and after deliberation by the Council of Ministers at its meeting of March 20, 2009, I have: article 1. Object and scope of application.

1 Royal Decree aims to systematize and develop Community policy forecasts the information on the food chain by setting: to) the obligations of the operators of food company and the competent authorities with regard to the information on the food chain.

(b) the data that must be operators of livestock farms that bred animals for sacrifice, required to provide information on the food chain.

(c) information on the food chain, which shall provide the owner of the animals to the operator of the slaughterhouse, on animals intended for slaughter for human consumption, in slaughterhouses and originating from a holding in Spain.

(d) the information that the competent authorities must inform the holding of provenance of the animals slaughtered in slaughterhouses.

2 a effects to comply with the provisions of article 1.1. b) and consistent, the competent authorities shall cover databases and records, in the fields referred to in annex I.

3. the provisions of this Royal Decree with regard to the food chain information shall not apply to parts of wild game.

Article 2. Definitions.

They shall apply, in so far as necessary, the definitions of Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002, by which establish the principles and General requirements of food law, establishing the European food safety authority and procedures relating to food security fix , of Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs; of Regulation (EC) No. 853/2004 of the European Parliament and of the Council of 29 April 2004, which lays down specific rules on 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, which lays down specific rules for the organisation of official controls on products of animal origin intended for human consumption and of Regulation (EC) No. 882 / 2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with the legislation in the field of feed and food and the legislation on animal health and animal welfare.

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


1. private veterinarian: the veterinarian responsible for cattle, i.e., the veterinarian or veterinary company which is the exclusive service or not an exploitative, either temporarily or permanently, for the provision of services and tasks of the veterinary profession to the person in charge of exploitation has assigned to you.

In addition, provided that you meet these same requirements, be held for this purpose veterinarian responsible for the holding: a) if exploitation belongs to a group of health defense, the veterinarian responsible for the same.

b) if it is an integrated operation, the veterinarian appointed by the integrative entity.

(c) if exploitation is a member of an entity or livestock Group provided for in article 85 of Real Decree 109/1995 of 27 January, the veterinary service of the same.

(d) in case of holdings partners or members of a cooperative or an agrarian society of transformation, the veterinarian of the entity if they have the same associative.

In other cases, the private veterinarian will be which has served frequently in recent months or failing the latter attended the operation to carry out its task in the.

2 Center of concentration: any exploitation, including collection centres and markets, which meets from different farms cattle to form lots of animals intended for trade or for the auction, contest or exhibition of livestock, as well as animal testing centers. Not be considered as such the licensed facilities to House cattle destined to be marketed that retailers or commercial operators for the development of its activity have.

3. exploitation of traffickers or traders: those belonging to any natural or legal person registered in the activity, devoted directly or indirectly to the purchase and sale of animals for immediate commercial purposes, which has a turnover of regular with these animals and who within a maximum of 30 days after purchasing the animals, sells them or moved of the first facilities to others that do not belong to him.

Article 3. Responsibilities of the operators of livestock farms. [Annex I part A - III of Regulation (EC) No. 852/2004;] Annex II section III of Regulation (EC) No. 853/2004; [Annex I section I to Regulation (EC) No. 2074 / 2005].

1. the operator of the farm livestock, or officer authorized by him, you are going to send production animals destined for slaughter, the slaughterhouse operator will provide information on the food chain, without prejudice to the official documentation required by other standards that may be applicable.

2. information on the food chain that is transmitted to the operator of the slaughterhouse must be based on the information and documents available to the farm of origin. For this purpose, operators of the livestock farms that bred animals for slaughter must, in particular, have the minimum information provided for in annex I.

3. the operator of cattle, or the authorized person responsible, shall send the information on the food chain so that the slaughterhouse operator receives it at least 24 hours before the arrival of the animals.

4 Notwithstanding the above, in the following cases, this information may accompany the animals to the slaughterhouse: a) porcine animals, poultry or farmed game that have undergone an inspection ante-mortem on the holding of provenance, if a certificate signed by a veterinarian that declare them which has examined the animals on the holding and that they found them healthy.

(b) domestic solipeds.

(c) animal they have been subjected to an emergency slaughter, if a declaration signed by the veterinarian that register the favourable outcome of inspection ante-mortem accompanies them.

(d) animals that are not delivered directly from the holding of provenance to the slaughterhouse.

In any of these four cases, the animals shall be accompanied by information on the food chain which becomes stated that they are welcome to the exception in the letter which corresponds in this section.

Article 4. Information about the food chain. [Annex II section III of Regulation (EC) No. 853/2004].

1. the information about the food chain referred to animals destined for slaughter shall appear in a declaration signed by the operator in the livestock farm.

2. the Declaration and the signature may consist in any means or support admitted in law.

3. this information shall contain at least the data of annex II.

4. the data may appear which are annexed to the statement on complementary documents issued for other purposes, or supplied as a textual summary of the records of the holding of origin, or other documentation.

5. in addition, the food chain information may be collected into a single document in which both reflect information from official databases and records of the own breeder information.

6. as derogation from the provisions of point 1, will not be necessary to provide the information in paragraphs C1 and D1, 2, 6 and 9 of annex II, when the slaughterhouse operator already has this information through a standing arrangement or a quality assurance system. In this case, the records of the operator of the slaughterhouse, shall contain the information relating to those sections, within their procedures based on the principles of the hazard analysis and points of critical Control (HACCP).

Article 5. Responsibilities and obligations of the operators of slaughterhouses. [Annex II section III of Regulation (EC) No. 853/2004].

1. slaughterhouse operators must not accept animals in the slaughterhouse premises unless they have received the relevant information on the chain food 24 hours before the arrival of animals at the slaughterhouse, except in the circumstances referred to in paragraph 4 of article 3.

2. when animals reach the slaughterhouse without information about the food chain, with deficiencies in their completion, or when the content of that information present reasonable doubts about its validity or reliability, the operator shall notify immediately the official veterinarian. Slaughter the animal will not take place until the official veterinarian so permits.

3. operators of slaughterhouses that decide to accept animals in its stores after evaluating information about the food chain, should move this information to the official veterinarian without delay, and must notify all information that raises concern about the health inspection before ante-mortem of the animal concerned.

4 in the cases provided for in paragraph 4 of article 3, whether slaughterhouses operators accept the animals for slaughter, shall provide the documents referred to in to) and c) of said paragraph to the official veterinarian and the passports accompanying domestic solipeds. Slaughter the animal will not take place until the official veterinarian so permits.

5. to manage the food chain received information, the operators will develop methods that permit to properly evaluate this information and they will be linked to the HACCP-based procedures. Also, they may be associated with the application of integrated production systems, private control, third-party certification or other systems.

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

1. the competent authority of dispatch shall deliver the documents that must accompany the animals in accordance with the applicable regulations 2. The competent authority of the place of slaughter shall verify whether: a) the food chain information is communicated in a coherent and effective way, b) is valid and reliable, and c) the relevant information from the point of view of animal health and food safety is sent to exploitation, 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 to Regulation (EC) No. 2074 / 2005].

1. the official veterinarian shall verify that animals are not sacrificed if the slaughterhouse operator has not received and checked relevant food chain information.

However, the official veterinarian may allow animals to be sacrificed at the slaughterhouse even if the food chain information is not available. In this case, all relevant food chain information must supply until the channel can be approved for human consumption. Waiting for a final decision, the channels in question and offal must be stored separately from the rest of the meat.

When within a period of 24 hours from the arrival of the animal to the slaughterhouse relevant food chain information is not available, all the meat of that animal shall be declared unfit for human consumption. If the animal had not been killed, will be slaughtered separately from other animals. This period may be extended by the official veterinarian, to the extent that is necessary, when consider justified the delay in the arrival of the relevant information.

2. the official veterinarian must check and analyse information on the food chain and present the documented results of these checks and tests to carry out inspections, ante-mortem and post-mortem.


3. when performing tasks of inspection, the official veterinarian must take into account official certificates accompanying animals and, where appropriate, statements by veterinarians carrying out controls of primary production, including official veterinarians and approved veterinarians.

4. when food business operators to adopt additional measures in order to guarantee food safety by implementing integrated systems, private control, independent certifications carried out by third parties, or by other means, systems, and when these measures are documented and the affected animals are clearly identifiable, the official veterinarian may take it into account to carry out inspection tasks and reviewing the procedures based on the HACCP system of the slaughterhouse.

This shall not apply if the animals originate from farms from traffickers or centres of concentration.

Article 8. Actions in case of non-compliance. [Annex I section II chapter II of Regulation (EC) No. 854/2004].

Con_el_fin_de eliminate the risks for human health or animal health, may not be admitted for slaughter animals, except in accordance with procedures laid down in the applicable law, if: to) documentation or other accompanying information have shown that the animals come from a holding or an area subject to prohibition of movement or other restriction for reasons of animal health and public health;

((b) not been met the standards on the use of veterinary medicinal products, or c) there is any other factor that might harm human health or animal health.

If animals are already present in the slaughterhouse, they must be slaughtered separately and shall be declared unfit for human consumption, taking, where appropriate, the necessary precautions to safeguard public health and animal health. When the official veterinarian deems it necessary, it shall through the corresponding competent authority runway perform relevant official controls on the holding of provenance.

In addition, the competent authority must take appropriate measures if it found that records, documentation or other information accompanying the animals does not correspond to the real situation of the holding of provenance or the true state of health of the animals, or are intended to deliberately to mislead the official veterinarian. The competent authority will act against the operator responsible for the animals. This situation may consist, in particular, additional checks. The costs of these additional controls shall be in charge of the operator responsible for the holding of origin or in the case of the other people 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 finds a disease or health condition that may affect public health, animal health or endanger the welfare of the animals, it shall so inform the operator of the slaughterhouse. When slaughtered animals have been raised on a holding of the Spanish territory, the official veterinarian shall ensure that the relevant inspection results to be communicated to that exploitation are listed, with the administrative cooperation of the operator of the slaughterhouse, in the relevant databases. For this purpose use the model of document contained in the appendix to annex I to Regulation (EC) No. 2074 / 2005, or other containing at least the information contained in the said model.

In addition, you will use the name of the disease according to the nomenclature contained in the health code for terrestrial animals of the world organisation of Animal health.

2 when the problem originates in the phase of primary production, the official veterinarian, with the administrative cooperation of the operator of the slaughterhouse, to inform as soon as possible a: to) the vet dealing with the holding of provenance.

(b) the operator responsible for such exploitation or, in your case, the trafficker or intermediary that transmit it are, provided that this information does not compromise further legal proceedings.

(c) the competent authority responsible for supervising such exploitation, if applicable.

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

Article 10. Offences and penalties.

In the event of breach of the provisions of this Royal Decree, shall apply the regime of offences and penalties law 14/1986 of 25 April, General health and law 8/2003, of 24 April, animal health and other provisions that may apply.

Provision additional unique. Standards of fitness for submitting the information on the food chain.

1. Notwithstanding the provisions of the third final provision, where they exist elements of information about the food chain causing a major disturbance of the activity of the slaughterhouse shall without delay responsible for this last before the arrival of the animals.

2. in addition, the 24 hours in advance for the provision of food chain information provided in article 3(3), will be callable from the entry into force of this provision, when they would endanger the objectives of Regulation (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 any of the following circumstances occurs (: a) holdings that are considered suspicious for having yielded positive results, in the last year, to analysis of waste within the scope of the Royal Decree 1749 / 1998, of July 31, by which establish measures of control applicable to certain substances and their residues in live animals and their products.

(b) holdings whose animals or means of production are immobilized by legal proceedings in the field of public health and food safety, and it has been authorized shipment of animals for slaughter in a slaughterhouse.

(c) animals other than Lagomorphs which have undergone any drug treatment within the 30 days prior to shipment to slaughter.

d) inside of the programmes national control or eradication of disease positive animals, suspects or subject to compulsory slaughter.

(e) holdings in which the level of full or partial seizures affect 50% of the animals slaughtered in each day, and this fact has been communicated in accordance with article 9. In this case, will be sent the information of the food chain with 24 hours in advance for 1 month from the date in which such seizures were made.

Sole repeal provision. Repeal legislation.

They are hereby repealed many provisions of equal or lower rank is contrary to the provisions of this Royal Decree and, in particular, article 10(1) and annex XI of the Real Decree 3454/2000, of 22 December, which establishes and regulates the coordinated comprehensive program of surveillance and control of the transmissible spongiform encephalopathies of animals, whose final wording has been given by the order PRE/2893/2007 , by amending Annex XI of the Real Decree 3454/2000, of 22 December, which establishes and regulates the coordinated comprehensive program of surveillance and control of the transmissible encephalopathies of animals.

First final provision. Skill-related title.

This Royal Decree, which is the basic rule, is run under the protection of article 149.1.16. ª of the Spanish Constitution, which is attributed to state the exclusive competence in bases and general coordination of the health.

Second final provision. Faculty Development and modification.

It allows the Ministers of health and of environment and Rural and Marine Affairs to modify, by ministerial order, in the scope of their powers, the content of the annexes to its adaptation to Community rules.

Third final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette". However, and without prejudice to the provisions of the additional provision: 1. in the sector of Lagomorphs and farmed game, the food chain information requirements will not be enforceable until December 30, 2009.

2 within 24 hours in advance, established in paragraph 3 of article 3, shall be payable as of January 1, 2010.

Given in Madrid, March 20, 2009.

JUAN CARLOS R.

The first Vice-President of the Government and Minister of the Presidency, MARÍA TERESA FERNÁNDEZ DE LA VEGA SANZ annex I data minimums that must have the operators of livestock farms that bred animals for sacrifice, in order to provide information on the food chain to) veterinary medicinal products or other treatments administered to the animals, with the trade name or active ingredient applied dose, the dates of his administration and waiting times.

(b) diseases that have appeared on the exploitation that may affect the safety of products of animal origin, indicating date of onset or diagnosis, number of affected animals, measures applied, date of disappearance of the disease.


(c) the results of all analyses carried out on samples taken from animals and other samples taken for diagnostic purposes, that have importance for human health.

(d) relevant reports on checks carried out to animals or animal products and especially the results of the analysis of official samples taken in the framework of the programs of surveillance and control of waste and the inspection results reported from the slaughterhouse on that farm animals sent for slaughter.

Annex II minimum areas/fields of information on the food chain. administrative data.

B. details of the shipment.

C. information on the shipped animals.

D. information on the holding of provenance.

A. administrative data 1. Name company, exploitation and the person in charge of the expedition.

2. document of transfer, duly completed.

3. time and place of the animals in the last 30 days, 21 days in the case of birds. When necessary, the data will be gathered from the former owner or holder of the animals.

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

2. individual or collective identification (identification of lots) of the animals, where appropriate, in relation of identification tags and tattoos.

C. information on the animals shipped 1. If the animals have been object or not of an overhaul by a veterinarian within 48 hours prior to the transfer of the documents. You should have been made and detected anomalies of interest in their health status, symptoms will be indicated.

2. animals undergoing treatments in the last 30 days, with detail of the latter.

D. information on the holding of origin 1. Qualification or health status of exploitation and, if relevant, qualification or health status of the region or province.

2 presence of relevant changes in the health status of the other animals on the holding in the last 48 hours and if any, describe the symptomatology.

3. diagnosis by a veterinarian, in the 12 months prior to the transfer of diseases that may affect the safety of meat, relating them, where appropriate.

4. results of the analysis of the samples taken in the past 6 months, in the framework of the monitoring and control of zoonoses.

5. samples taken in animals, in the last 6 months, to investigate waste, detailing the chemicals analyzed and results in positive case.

6 reports, enclosing them, in the case of notification from a slaughterhouse, findings with health relevance in other animals of this exploitation in the past two years.

7. where appropriate, the additional measures referred to in article 7.4.

8. list of programs of control or surveillance of diseases involving.

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

10. If it is located in one of the cases referred to in section 3.4 that the food chain information may accompany the animals to the slaughterhouse.

This information shall be accompanied with a declaration of compliance signed by the owner of the holding of provenance and of the expected date of departure of the animals.

Upon receipt at the slaughterhouse the Declaration will be signed, in case of compliance, by the owner of the slaughterhouse of destination indicating the date of receipt of the animal.

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