European Communities (Fresh Poultrymeat) Regulations, 1996

• Jurisdiction: Ireland
• Year: 1996
• Citation: IR SI 3/1996

I, IVAN YATES, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive No. 71/118/EEC as amended by Council Directive No. 92/116/EEC(1) of 17 December 1992 and by Council Directive No. 94/65/EC(2) of 14 December 1994, hereby make the following Regulations:
(1) O.J. No. L62 of 15.3.1993, p. 1.
(2) O.J. No. L368 of 31.12.1994, p. 10.
PART I. Preliminary.
	1 Title and Commencement.	1. (1) These Regulations may be cited as the European Communities (Fresh Poultrymeat) Regulations, 1996.
(2) These Regulations shall come into operation on the eighth day of January, 1996.
	2 Interpretation.	2. (1) In these Regulations, except where the context otherwise requires—
"authorised officer" means a person authorised in writing by the Minister to exercise for the purposes of these Regulations and the Council Directive the powers conferred on an authorised officer by these Regulations;
"auxiliary" means an officer or servant appointed by the Minister who may assist the official veterinarian in the performance of his duties under these Regulations and has the meaning assigned in the Council Directive;
"certificate" means a veterinary certificate or any other document issued by an official veterinarian and has the meaning and 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 poultrymeat—
( 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 take-away food for consumption off those premises;
"the Council Directive" means Council Directive No. 71/118/EEC as amended by Council Directive No. 92/116/EEC of 17 December 1992 and by Council Directive No. 94/65/EC of 14 December 1994;
"delayed eviscerated poultry" means poultry which is eviscerated within 15 days of slaughter, and meat and cuts therefrom;
"establishment" means a slaughterhouse, a cutting plant, a cold store, a rewrapping centre or a unit grouping together several such establishments;
"low-capacity cutting plant" means a cutting plant producing less than 3 tonnes of cut poultrymeat each week;
"Member State" means a Member State of the European Communities;
"the Minister" means the Minister for Agriculture, Food and Forestry;
"New York dressed poultry" means a poultry carcase which is not eviscerated immediately after slaughter and is sold in carcase form to the retailer or consumer;
"official veterinarian" means an authorised officer who is a registered veterinary surgeon and who is appointed by the Minister to discharge the functions of an official veterinarian as set down by these Regulations and by the Council Directive;
"poultry" means the species as defined in the Council Directive;
"premises" includes any land and any buildings, structures or private dwellings;
"sell" includes offer, expose or keep for sale, invite an offer to buy, barter, distribute (whether for reward or not) or otherwise place on the market and kindred words shall be construed accordingly;
"third country" means a country which is not a member of the European Communities;
"registered veterinary surgeon" means a person currently registered in the register established under the Veterinary Surgeons Act, 1931 (No. 36 of 1931).
(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 paragraphs (3), (4) and (7), a person shall not produce or cause to be produced, obtain, rewrap, cut, store or place on the market fresh poultrymeat other than in compliance with these Regulations.
(2) Subject to the provisions of paragraphs (3), (4) and (7), a person shall not use any establishment for the production, rewrapping, cutting or storage of fresh poultrymeat or place such poultrymeat on the market unless that establishment has been approved by the Minister in accordance with these Regulations.
(3) The requirements of these Regulations shall not apply to the cutting and storage of fresh poultrymeat 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 directly.
(4) ( a ) Subject to the provisions of subparagraphs (b) (c) and (d), the provisions of paragraphs (1) and (2) shall not apply to fresh poultrymeat including New York dressed and delayed eviscerated poultry produced by a farmer, within the meaning of Article 3.II of Annex B to the Council Directive, or other person whose weekly production does not exceed 200 head of poultry provided that the fresh poultrymeat is sold:
(i) directly to the consumer at the holding or at the weekly market nearest to the farmer's holding, or
(ii) to a retailer with a view to direct sale to the final consumer provided that the retailer carries on business in the same county as the farmer or in an adjoining county.
( b ) The provisions of paragraphs (1) and (2) shall not apply to New York dressed poultry produced at a premises with an annual production of under 10,000 head of poultry per annum provided that such poultry is sold during the period of three weeks which immediately precede Christmas day and Easter Sunday each year.
( c ) The combined production limit of fresh poultrymeat, including New York dressed and delayed eviscerated poultry, produced under subparagraphs (a) and (b) shall not, under any circumstances, exceed 10,000 head of poultry per annum.
( d ) The sales referred to in subparagraphs (a) and (b) shall not apply in respect of itinerant sales, sale by mail order or, as regards the retailer, sale at a market.
(5) The owner or person in charge of the holding where poultry is produced in accordance with the exemptions outlined in paragraph (4) shall keep a register of the number of poultry entering the slaughter facility, the origin of such poultry and the number of slaughter products leaving it. This information shall be made available to an authorised officer if he so requests.
(6) Notwithstanding the provisions of paragraphs (4) and (5), no person shall sell poultry in carcase or any other form, from any slaughterhouse, farm or holding unless it bears or there is attached to each such body a label or other marking clearly indicating the name and the address of the owner or occupier of the premises where such poultry was slaughtered.
(7) The provisions of paragraphs (1) and (2) shall not apply to low-capacity cutting plants unless they are situated in an establishment approved by the Minister in accordance with Regulation 4. It is the responsibility of the owner or person in charge of a low-capacity cutting plant to have available, on request from an authorised officer, a written record of the plant's weekly production.
PART II. Approval of Fresh Poultrymeat Establishments
	4 Conditions of Approval for Fresh Poultrymeat Establishments.	4. (1) Subject to the provisions of Regulations 3 and 6, the Minister may, on application, approve an establishment for the preparation, cutting and storage of fresh poultrymeat provided he is satisfied that such establishment—
( a ) in the case of slaughterhouses, meets the conditions laid down in Chapters I and II of the Schedule;
( b ) in the case of cutting plants, that they meet the conditions laid down in Chapters I and III of the Schedule;
( c ) in the case of cold stores, that they meet the conditions laid down in Chapters I and IV of the Schedule.
(2) 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 Conditions of Approval for Rewrapping Centres.	5. (1) No person shall use a premises as a rewrapping centre for fresh poultrymeat unless it has been approved by the Minister.
(2) The Minister may lay down the conditions for approval of rewrapping centres.
(3) The Minister may, on application, approve a premises as a rewrapping centre for fresh poultrymeat provided he is satisfied that such premises meets the approval conditions.
(4) An approval granted under this Regulation shall relate to the owner of the rewrapping centre who originally applied for the approval. This approval shall cease in the event of the rewrapping centre 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.
	6 Permanent Derogations.	6. (1) The Minister may, on application, and subject to such conditions as he may specify, permit derogations from the...