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2002 No. 889

FOOD, ENGLAND

The Meat (Hazard Analysis and Critical Control Point) (England) Regulations 2002

  Made 16th May 2002 
  Laid before Parliament 16th May 2002 
  Coming into force in accordance with regulation 2

The Secretary of State being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community in exercise of the powers conferred on him by that section so far as these Regulations amend the Products of Animal Origin (Import and Export) Regulations 1996[3];

     And the Secretary of State in exercise of the powers conferred on him by sections 16(1)(b) and (f) and 17(1) of the Food Safety Act 1990[4] and now vested in him[5] having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B) of that Act;

     And after consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[6];

     Makes the following Regulations:

Title, extent, interpretation and scope
     1.  - (1) These Regulations may be cited as the Meat (Hazard Analysis and Critical Control Point) (England) Regulations 2002 and extend to England only.

    (2) In these Regulations - 

    (3) Nothing in these Regulations shall apply in relation to any licensed red meat slaughterhouse which is used to process bovine animals under the purchase scheme introduced by Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom[9].

Commencement
     2.  - (1) Subject to paragraph (2) below, these Regulations come into force on 7th June 2002.

    (2) Notwithstanding paragraph (1) above, these Regulations come into force on 7th June 2003 in so far as they apply in relation to any small meat establishment.

    (3) For the purposes of paragraph (2) above, a "small meat establishment" means - 

Amendments to the Fresh Meat (Hygiene and Inspection) Regulations 1995
    
3.  - (1) In so far as they extend to England, the Fresh Meat Regulations are amended in accordance with the following paragraphs of this regulation.

    (2) The following sub-paragraph is inserted between sub-paragraphs (aA) and (b) of paragraph (1) of regulation 8 (supervision of premises) - 

    (3) In paragraph (1)(e) of regulation 8, the phrase ", 17, 17A, 17B and 17C" is substituted for the phrase "and 17".

    (4) In sub-paragraph (d) of paragraph (1) of regulation 20 (duties of occupier) - 

    (5) In sub-paragraph (e) of paragraph (1) of regulation 20, the words "by virtue of" are substituted for the words "pursuant to".

    (6) The following sub-paragraphs are inserted between sub-paragraphs (e) and (f) of paragraph (1) of regulation 20 - 

    (7) The following paragraphs are added after paragraph (3) of regulation 20 - 

    (8) The following Schedules are inserted between Schedules 17 and 18 - 



Amendments to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995
    
4.  - (1) In so far as they extend to England, the Poultry Meat Regulations are amended in accordance with the following paragraphs of this regulation.

    (2) The following sub-paragraph is inserted between sub-paragraphs (aA) and (b) of paragraph (1) of regulation 8 (supervision of premises) - 

    (3) In sub-paragraph (d) of paragraph (1) of regulation 18 (duties of occupier) - 

    (4) The following text is substituted for paragraph (1)(e)(iv) of regulation 18 - 

    (5) The following paragraph is added after paragraph (3) of regulation 18 - 

Consequential amendments
    
5. In so far as the Products of Animal Origin (Import and Export) Regulations 1996 extend to England - 



Signed by authority of the Secretary of State for Health


Yvette Cooper
Parliamentary Under Secretary of State, Department of Health

16th May 2002



EXPLANATORY NOTE

(This note is not part of the Regulations)


    
1. These Regulations amend - 

in each case in so far as they extend to England. Both S.I. 1995/539 and S.I. 1995/540 extend to the whole of Great Britain. S.I. 1995/539 is amended by regulation 3 of these Regulations and S.I. 1995/540 is amended by regulation 4 of these Regulations.

    
2. These Regulations give effect in England to Commission Decision 2001/471/EC laying down rules for the regular checks on the general hygiene carried out by the operators in establishments according to Directive 64/433/EEC on health conditions for the production and marketing of fresh meat and Directive 71/118/EEC on health problems affecting the production and placing on the market of fresh poultry meat (OJ No. L165, 21.6.2001, p. 48). They come into force on 7th June 2002, except in relation to "small meat establishments" - defined in regulation 2(3) - in which case they come into force on 7th June 2003.

    
3. The effect of the amendments made to the Fresh Meat (Hygiene and Inspection) Regulations 1995 is that - 

     4. The effect of the amendments made to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 is that the occupier of any slaughterhouse used for slaughtering poultry, cutting premises used for cutting up fresh poultry meat, cold store used for the storage of fresh poultry meat or re-wrapping centre used for packing, wrapping or re-wrapping fresh poultry meat (in each case licensed under those Regulations) is obliged to conduct the regular checks on the general hygiene of conditions of production in those premises which are already required by regulation 18(1)(d) of those Regulations by implementing and maintaining a permanent procedure developed in accordance with certain HACCP principles.

    
5. Regulation 5 (made under section 2(2) of the European Communities Act 1972) makes a number of consequential amendments to the Products of Animal Origin (Import and Export) Regulations 1996 (S.I. 1996/3124, as already amended) in so far as they extend to England.

    
6. A regulatory impact assessment, which includes a compliance cost assessment of the effect that they are likely to have on business costs, has been prepared for these Regulations and has been placed in the library of each House of Parliament. Copies can be obtained from the Meat Science and Strategy Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.


Notes:

[1] By S.I. 1972/1811.back

[2] 1972 c.68.back

[3] S.I. 1996/3124, amended by S.I. 1997/3023, S.I. 1998/994, S.I. 1999/683, S.I. 2000/225, S.I. 2000/656, S.I. 2000/790, S.I. 2000/2215, S.I. 2001/1553 and S.I. 2001/1640. The provisions of S.I. 1996/3124 which apply to products imported from third countries are disapplied by S.I. 2002/1227.back

[4] 1990 c.16.back

[5] Functions formerly exercisable by "the Ministers" (being in relation to England and Wales and acting jointly the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and in relation to Scotland the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c.28), and paragraphs 12 and 21 of that Schedule amend respectively sections 17(1) and 48 of the 1990 Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1990 Act and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c.46) as read with section 40(2) of the 1990 Act. Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend or revoke existing Regulations made or having effect as if made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.back

[6] OJ No. L31, 1.2.2001, p.1.back

[7] S.I. 1995/539, amended by S.I. 1995/731, S.I. 1995/1763, S.I. 1995/2148, S.I. 1995/2200, S.I. 1995/3124, S.I. 1995/3189, S.I. 1996/1148, S.I. 1996/2235, S.I. 1997/1729, S.I. 1997/2074, S.I. 2000/225, S.I. 2000/656, S.I. 2000/2215, S.I. 2001/1512, S.I. 2001/1739, S.I. 2001/1771, S.I. 2001/2601, S.I. 2001/3451 and S.I. 2002/118.back

[8] S.I. 1995/540, amended by S.I. 1995/1763, S.I. 1995/2148, S.I. 1995/2200, S.I. 1995/3205, S.I. 1997/1729, S.I. 2000/225, S.I. 2000/656, S.I. 2000/2215 and S.I. 2001/3399.back

[9] OJ No. L99, 20.4.96, p.14.back

[10] The "ISO" is the International Organization for Standardization. All ISO standards say that copies of them, and any subsequent revisions thereto, can be obtained from the British Standards Institute (www.bsi-global.com).back



ISBN 0 11 042348 8


  Prepared 18 June 2002


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