European Communities (Fresh Meat) Regulations, 1997

• Statutory Instrument No.: 434/1997

I, Joe Walsh, Minister for Agriculture and Food, in exercise of the owners conferred on me by section 3 of the European Communities Act, 972 (No. 27 of 1972) and for the purpose of giving effect to:
( a ) Council Directive No. 64/433/EEC, as amended and consolidated by
Council Directive No. 91/497/EEC (1) of 29 July 1991 and subsequently amended by Council Directive No. 92/5/EEC (2) of 10 February 1992, Council Directive No. 92/120/EEC (3) of 17 December 1992, Council Directive No. 95/23/EC of 22 June 1995 (4); and
(1) O.J. No. L268 of 24.9.1991,p.69.
(2) O.J. No. L57 of 2.3.1992,p.1.
(3) O.J. No. L62 of 15.3.1993,p86.
(4) O.J. No. L143 of 11.10.1995,p.7
( b ) Council Directive No. 91/498/EEC (5) of 29 July 1991; hereby make the following Regulations:
(5) O.J. No. L268 of 24.9.1991,p.105.
Part I Preliminary
	1 Title and Commencement	1. (1) These Regulations may be cited as the European Communities (Fresh Meat) Regulations, 1997.
(2) These Regulations shall come into operation on the 10th day of November, 1997.
	2 Interpretation	2. (1) In these Regulations-
"abattoir" means an abattoir as defined in the Abattoirs Act, 1988 (No. 8 of 1988), slaughtering, subject to the provisions of Regulation 6, not more than 1,000 livestock units per annum;
"assistant" means an officer or servant appointed under section 35 (3) of the Abattoirs Act, 1988 (No. 8 of 1988) or an officer appointed by the Minister who may assist a veterinary inspector in the performance of his duties under these Regulations;
"authorised officer" means a person authorised by the Minister or local authority to exercise for the purposes of these Regulations and the Council Directive the powers conferred on an authorised officer by these Regulations or the specific powers so designated by the Minister under these Regulations;
"certificate" means a veterinary certificate or any other document issued by a veterinary inspector and has the form assigned to it in the Council Directive;
"commercial document" has the meaning assigned to it in the Council Directive;
"consumer" means a person who buys fresh meat—
( a ) for his own consumption;
( b ) for 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 cooking 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 for sale as takeaway food for consumption off those premises;
"the Council Directive" means Council Directive No. 64/433/EEC as amended and consolidated by Council Directive No. 91/497/EEC of 29 July 1991 and subsequently amended by Council Directive No. 92/5/EEC of 10 February 1992, Council Directive No. 92/120/EEC of 17 December 1992, and Council Directive No. 95/23/EC of 22 June 1995;
"establishment" means a slaughterhouse, a cutting plant, a cold store, repackaging centre or a unit grouping together several such establishments or an abattoir;
"Member State" means a Member State of the European Communities;
"the Minister" means the Minister for Agriculture and Food; "premises" includes land, with or without buildings;
"third country" means a country which is not a member of the European Communities;
"repackaging centre" means a workshop or depot where wrapped meat intended for placing on the market is reassembled and/or repackaged without interference with the wrapping;
"veterinary control label" is a label within the meaning of paragraph 52 of Chapter XI of the First Schedule;
"veterinary inspector" means an authorised officer who is a veterinary surgeon and who is appointed by the Minister or a local authority to discharge the functions of a veterinary inspector as set down by these Regulations and the Council Directive;
"a registered veterinary surgeon" means a person currently registered in the register established under the Veterinary Surgeons Act, 1931 (No. 36 of 1331);
"veterinary examiner" means a veterinary inspector who is an officer of the Minister.
(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directive.
(3) In these Regulations -
( a ) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other provision is intended;
( b ) a reference to a Schedule is to a Schedule to these Regulations;
( c ) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
	3 General Conditions and Exemptions	3. (1) Subject to the provisions of paragraph (3), a person shall not produce or cause to be produced, cut, wrap, package, repackage, store or place on the market fresh meat intended for human consumption from domestic animals of the following species - bovine animals, swine, sheep and goats, and domestic solipeds, other than in compliance with these Regulations.
(2) Subject to the provisions of paragraph (3), a person shall not use any establishment or permit any establishment to be used for the production, wrapping, packaging, repackaging cutting or storage of fresh meat or place this meat on the market unless that establishment has been approved, authorised or registered by the Minister in accordance with these Regulations.
(3) The requirements of these Regulations shall not apply to the cutting and storage of fresh meat performed in retail shops or in premises adjacent to sales points, where the cutting and storage are performed solely for the purpose of supplying the consumer.
Part II Approval of Fresh Meat Establishments
	4 Conditions of Approval for Fresh Meat Establishments	4. (1) Subject to the provisions of Regulations 3(3), 5 and 6, fresh meat shall not be placed on the market for human consumption unless it is obtained, produced, cut, stored wrapped, packaged or repackaged in an establishment approved by the Minister under these Regulations.
(2) Subject to the provisions of Regulations 5 and 6, the Minister may, on application, approve an establishment to obtain, prepare, cut, store, wrap, package or repackage fresh meat provided he is satisfied that it meets the requirements of Regulations 7 and 9 and
( a ) in the case of a slaughterhouse, it meets the conditions laid down in Chapters I and II of the First Schedule;
( b ) in the case of a cutting plant, it meets the conditions laid down in Chapters I and III of the First Schedule;
( c ) in the case of a cold store, it meets the conditions laid down in Chapters I and IV of the First Schedule;
( d ) in the case of a repackaging centre, it meets the conditions laid down in Chapter I of the First Schedule.
(3) An approval granted under this Regulation shall relate to the owner of the establishment who originally applied for the approval. This approval shall cease in the event of the establishment being sold, ceasing trading or operation, or in the event of the death of the owner or the owner being adjudged bankrupt. Approval will also cease where an incorporated body is for any reason dissolved.
	5 Temporary Derogations	5. (1) Subject to the provisions of Article 2(1) of Directive 91/498/EEC and paragraph (2), the Minister may authorise establishments which have not been judged to comply with the requirements set out in Regulation 4(2) for their approval to obtain, prepare, cut, store, wrap or package fresh meat. The Minister may allow these establishments to derogate from some of the requirements laid down in paragraphs I to 14 of the First Schedule provided that fresh meat from such establishments bears the national health mark in accordance with the Abattoirs (Health Mark) Regulations 1992 ( S.I. No. 90 of 1992 ) and is marketed within the State only.
(2) The Minister may, subject to the such conditions as the Minister may specify, authorise a slaughterhouse which qualifies for a derogation in accordance with paragraph (1) and which can show, to the satisfaction of the Minister, that it has begun to bring itself into compliance with the requirements of these Regulations and the Council Directive but which cannot, for reasons not attributable to it, meet the deadline set out in Article 2(1) of Directive 91/498/EEC, an additional limited period of time in order to comply with them. The fresh meat from these slaughterhouses must bear the national health mark in accordance with the Abattoirs (Health Mark) Regulations 1992 ( S.I. No. 90 of 1992 ) and must be marketed within the State only.
(3) A derogation granted under paragraphs (1) and (2) of this Regulation may be withdrawn if the Minister is satisfied that the specified conditions have not been respected.
	6 Permanent Derogations	6. (1) Subject to the provisions of paragraph (2), the Minister may on application, and by way of derogation from Regulation 4, register abattoirs and allow meat from such abattoirs which does not satisfy the requirements of Chapters I and II of the First Schedule to be placed on the market for marketing in the national territory subject to the owner or person in charge of the abattoir ensuring that:
( a ) the abattoir does not slaughter more than 20 livestock units, per week with a maximum of 1,000 livestock units per year;
( b ) the abattoir is licensed under and operated in accordance with the Abattoirs Act, 1988 (No. 8 of 1988) and meets the conditions of Chapter II of the Second Schedule, the requirements of Regulation 8 and which is for the time being occupied by a person who holds a licence under the Abattoirs Act, 1988 (No 8 of 1988).
(2) The Minister may, within the 1,000 livestock unit limit set down in subparagraph (a) of...