S.I. No. 434/1997 - European Communities (Fresh Meat) Regulations, 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 paragraph (1), permit derogations from the weekly limit in cases where lambs and kids are to be slaughtered by abattoirs in the period leading up to religious festivals. The Minister may, on application, grant a derogation provided that the owner or person in charge of the abattoir ensures that:

(i) the veterinary inspector is present at the time of slaughter;

(ii) the hygiene conditions set down for abattoirs in these Regulations are met;

(iii) the meat from the kids and lambs has not been frozen before being placed on the market.

(3) The maximum limits envisaged in subparagraph (a) of paragraph (1) may, on application, be extended by the Minister to individual operators slaughtering on their own account at quite separate times during the week in an abattoir which satisfies the following conditions:

( a ) the owner of the abattoir or any other person using that abattoir has received specific training, recognised by the Minister, in production hygiene;

( b ) the animals to be slaughtered are the property of the owner of the abattoir or of a self-employed butcher or have been purchased by them to meet the requirements referred to in subparagraph (d);

( c ) the meat is produced in premises which meet the requirements of paragraph (1) (b);

( d ) the production shall be confined to supplying establishments belonging to butchers referred to in subparagraph (b) and to sale on the spot to the consumer or local bodies.

Where several individual slaughter quantities are added up, the maximum limits set in subparagraph (a) of paragraph (1) can be raised to 30 livestock units per week and 1,500 livestock units per year for abattoirs fulfilling the conditions laid down in paragraph (3).

(4) When an establishment registered by the Minister in accordance with this Regulation is undergoing alterations on the basis of a restructuring plan approved by the Minister with the aim of obtaining approval in accordance with Regulation 4, the Minister may:

( a ) determine the quantities marketed by the establishment in question in line with the progress of work;

( b ) determine that the grant of approval in accordance with Regulation 4 is subject to the observance by the establishment of the marketing limit laid down by the Minister and the establishment being able to meet the conditions laid down in Regulation 4;

( c ) if he is satisfied that the marketing limits set under subparagraph (a) are too high in respect of any establishment reduce the marketing limit for such an establishment;

( d ) if he is satisfied that the marketing limits fixed under paragraph (a) have not been observed, require the establishment to return to the production limits set down in Regulation 6 for registered establishments.

(5) The Minister may grant derogations to cutting plants, which produce not more than 5 tonnes a week of boned meat or the equivalent in bone in meat and which are not situated in establishments approved by the Minister, from the provisions of Chapters I and III of the First Schedule. The Minister may, on application, register these establishments provided he is satisfied that they meet the conditions set down in Chapter I of the Second Schedule.

The provisions of Chapter V, paragraph 36 of Chapter VII, Chapter IX (with the exception of the requirement for the temperature of the cutting room laid down in the second sentence in subparagraph (c) of paragraph 43, and paragraph 45 of Chapter X of the First Schedule shall apply to storage and cutting operations in the establishments referred to in this paragraph.

(6) The Minister may grant derogations from the requirements of Chapter I of the First Schedule for low capacity cold stores in which only packaged meat and other foodstuffs are stored. The Minister may, on application, register these establishments provided he is satisfied that they meet the conditions set down in Chapter I of the Second Schedule.

(7) Meat which comes from establishments covered by this Regulation and which has been judged fit for human consumption, bearing in mind the hygiene and health inspection requirements laid down in these Regulations, shall be marked with a national health mark stamp in accordance with the Abattoirs (Health Mark) Regulations 1992 ( S.I. No. 90 of 1992 ). This stamp is not, however, necessary for unwrapped cut meat.

(8) The registration of abattoirs referred to under paragraph (1) shall be that provided for under Section 12 of the Abattoirs Act, 1988 (No. 8 of 1988). The registration shall cease when a licence granted under the Abattoirs Act, 1988 (No. 8 of 1988) expires, or is revoked or suspended in accordance with the provisions of that Act.

Part III Conditions for the Production and Marketing of Fresh Meat

7 General Conditions for Approved Establishments

7. (l) Fresh meat, carcasses, half carcasses or half carcasses cut into no more than three wholesale cuts, and quarters intended to be placed on the market for human consumption shall accord with the provisions of this Part of the Regulations and shall -

( a ) have been obtained in a establishment which has been approved, by the Minister in accordance with Regulation 4;

( b ) come from a slaughter animal inspected ante-mortem by a veterinary inspector in accordance with the provisions of Chapter VI of the First Schedule. The veterinary inspector may be aided by an assistant in accordance with Article 9 of the Council Directive;

The animal shall be passed fit, as a result of such inspection, for slaughter for the purposes of these Regulations and the Council Directive;

( c ) be treated under satisfactory hygiene conditions in accordance with Chapters V and VII of the First Schedule;

( d ) be inspected post-mortem by a veterinary inspector, in accordance with the provisions of Chapter VIII of the First Schedule. The veterinary inspector may be aided by an assistant in accordance with Article 9 of the Council Directive. The meat shall not show any physical changes except for traumatic lesions which would have occurred shortly before slaughter or localised malformations or changes provided it is established, to the satisfaction of a veterinary inspector and if necessary by the appropriate laboratory tests, that these lesions, malformations or changes do not render the carcasses and offal unfit for human consumption or dangerous to human health; XI of the First Schedule;

( f ) be accompanied during transportation, as required by the Minister, by

(i) a commercial document which shall --

 (I) be drawn up by the dispatching establishment;

 (II) in addition to the particulars provided for in paragraph 47 of Chapter XI of the First Schedule, clearly show the month and year of freezing in the case of frozen meat;

 (III) be kept by the consignee for at least one year so that it can be produced at the request of a veterinary inspector or an authorised officer;

or

(ii) a health certificate in the case of meat from a slaughterhouse in a region or area restricted on health grounds within the meaning of Article 3.1. A (f) of the Council Directive or in the case of fresh meat to be sent to another Member State after transit through a third country in a sealed means of transport.

( g ) be stored in accordance with Chapter XIV of the First Schedule after post-mortem inspection under satisfactory hygiene conditions in an establishment approved, in accordance with Regulation 4;

( h ) be transported under satisfactory hygienic conditions in accordance with Chapter XV of the First Schedule.

(2) Fresh meat cuts or fresh meat pieces smaller than those referred to in paragraph (1), or boned meat whether wrapped or unwrapped, shall

( a ) be boned or cut or wrapped in a cutting plant approved, by the Minister in accordance with Regulation 4;

( b ) be boned or cut or wrapped and obtained in accordance with Chapter IX of the First Schedule and come from

(i) fresh meat which complies with paragraph (1), or

(ii) fresh meat imported from third countries in accordance with the European Communities (Importation of Animals and Animal Products from Third Countries) Regulations, 1994 ( S.I. No. 255 of 1994 );

( c ) be stored under conditions which comply with Chapter XIV of the First Schedule in an establishment approved, in accordance with the terms of these Regulations;

( d ) be checked by the veterinary inspector in accordance with Chapter X of the First Schedule;

( e ) meet the wrapping and packaging requirements laid down in Chapter XII of the First Schedule;

( f ) meet the requirements of subparagraphs (c), (e), (f) and (h) of paragraph (1).

(3) Offal shall come from a slaughterhouse or a cutting plant approved, in accordance with. Regulation 4. Uncut offal shall comply with the requirements of paragraphs (1) and (2). Other forms of offal shall comply with the requirements of paragraph (2).

(4) Fresh meat which has to be stored in a cold store approved in accordance with Regulation 4 and which has not thereafter undergone any handling, except in connection with storage, shall:

( a ) meet the requirements of paragraphs (2) and (3) and subparagraphs (c), (e), (g) and (h) of paragraph (1), or be fresh meat imported from third countries in accordance with the European Communities (Importation of Animals and Animal Products from Third Countries) Regulations, 1994 ( S.I. No. 255 of 1994 )

( b ) be accompanied during transportation to the place of destination by an accompanying commercial document or a health certificate. In this case, the veterinary approval number of the cold store shall be given on the accompanying commercial document.

 When the meat is to be accompanied by a health certificate, it shall be completed by the veterinary inspector on the basis of the health certificates attached to the consignment of fresh meat when they were put into storage and shall, in the case of importation, state the origin of fresh meat.

(5) Fresh meat produced in accordance with these Regulations and which has been stored in a cold store of a third country approved in accordance with Council Directive No. 72/462/EEC (6) of 12 December 1972 under customs control and which has not thereafter undergone any handling, except in connection with storage, shall

(6) O.J. No. L302 of 31.12.1972,p28 (as amended).

( a ) meet the requirements of paragraphs (1), (2) and (3);

( b ) meet the specific guarantees concerning checking and certification of compliance with storage and transportation requirements;

( c ) be accompanied by a health certificate.

(6) Fresh meat from which the packaging has been removed and which is to be repackaged in an establishment other than that in which it was first wrapped:

( a ) shall meet the requirements of paragraphs (1), (2), (3) and (4);

( b ) shall be removed from its packaging and be repackaged in a repackaging centre.

(7) The provisions of this Regulation shall not apply to—

( a ) fresh meat intended for uses other than human consumption;

( b ) fresh meat intended for exhibition, special studies or analysis, provided that the meat is not used for human consumption and that, when the exhibition is over or when the special studies or analysis has been carried out, the meat, with the exception of that used for the purposes of the analysis, is destroyed;

( c ) fresh meat intended exclusively as supplies for international organisations.

8 General Conditions for Authorised and Registered Establishments

8. By way of derogation from Regulation 7, fresh meat obtained in an establishment which has been authorised or registered, as the case may be, by the Minister in accordance with Regulations 5 or 6 may be placed on the market within the State provided that:

( a ) a veterinary inspector is notified in advance of the time at which it is proposed to slaughter animals and the number and the origin of the animals to allow him to carry out the ante mortem inspection in accordance with Chapter VI of the First Schedule, either on the farm or at the slaughterhouse;

( b ) a record is kept by the owner or person in charge of

(i) animals entering the establishment and slaughter products leaving it;

(ii) the checks carried out;

(iii) the results of those checks.

This information shall be retained for a period of six months and shall be made available to an authorised officer or veterinary inspector if he so requests.

( c ) The veterinary inspector shall carry out the post mortem inspection in accordance with the provisions of Chapter VIII of the First Schedule. The veterinary inspector may be aided in these duties by an assistant.

( d ) Meat which comes from establishments covered by this Regulation and which has been judged fit for human consumption, bearing in mind the hygiene and health inspection requirements laid down in these Regulations, shall be marked with a national health mark stamp in accordance with the Abattoirs (Health Mark) Regulations 1992 ( S.I. No. 90 of 1992 ). This stamp is not, however, necessary for unwrapped cut meat.

9 Other Conditions

9. (1) Fresh meat intended to be placed on the market for human consumption shall -

( a ) in the case of fresh pigment or horsemeat, covered by the provisions of Regulation 7, be tested for trichinosis in accordance with Annex I to Council Directive No. 77/96/EEC ⁽⁷⁾ of 21 December 1976 or shall undergo cold treatment in accordance with Annex IV of that Directive;

⁽⁷⁾ O.J. No. L26 of 31.1.1977, P.67 (as amended).

( b ) in the case of meat from -

(i) male pigs used for breeding,

(ii) cryptorchid and hermaphrodite pigs,

(iii) uncastrated male pigs with a carcass weight in excess of 80 kilograms, giving off, in the opinion of a veterinary inspector or an authorised officer, a pronounced boar taint,

it shall bear the special mark provided for in Commission Decision 84/371/EEC ⁽⁸⁾ of 3 July 1984 and undergo one of the treatments provided for in the European Communities (Meat Products and Other Products of Animal Origin) Regulations, 1995, S.I. No. 126 of 1995 ;

⁽⁸⁾ O.J. No. L196 of 26.7.1984, P.46.

( c ) in the case of mechanically recovered meat, it shall undergo heat treatment in the State in accordance with the provisions of the European Communities (Meat Products and Other Products of Animal Origin) Regulations, 1995, S.I. No. 126 of 1995 .

( d ) In the case of fresh meat and offal from animals with non-generalised infestation by Cysticercus bovis or Cysticercus cellulosae, it shall undergo cold treatment in accordance with a procedure laid down by Article 16 of the Council Directive after removal of parts unfit for human consumption.

(2) Animals which have undergone special emergency slaughtering, can only be marketed for human consumption within, the State if the following conditions have been fulfilled -

(i) the holding of origin is not subject not health policy restrictions,

(ii) prior to slaughtering, the animal has been subjected to an ante-mortem inspection by a registered veterinary surgeon in accordance with the terms of these Regulations,

(iii) the animal has been slaughtered after stunning, bled and possibly eviscerated on the spot; the registered veterinary surgeon may waive stunning and authorise shooting in special cases,

(iv) the slaughtered and bled animal is transported as quickly as possible after slaughter under satisfactory hygienic conditions to an abattoir or slaughterhouse approved, authorised or registered by the Minister in accordance with these Regulations. Where the slaughtered animal cannot be brought within the hour to such an abattoir or slaughterhouse, it shall be transported in a container or means of transport in which the ambient temperature is maintained between 0° and 4°C and evisceration, unless it has been effected at the time of slaughtering, shall be carried out within a maximum of three hours after slaughtering; if evisceration is carried out on the spot, the viscera shall be sent with the carcase to the abattoir or slaughterhouse,

(v) during transportation to the abattoir or slaughterhouse the slaughtered animal is accompanied by a certificate issued by the registered veterinary surgeon who has ordered slaughtering attesting to the favourable outcome of the ante-mortem inspection, the time of slaughter and the nature of any treatment administered to the animal and, if appropriate, the result of the inspection of the viscera,

(vi) the carcase of the slaughtered animal is, until such time as the post mortem inspection carried out in accordance with the provisions of these Regulations supplemented where applicable by a

bacteriological examination has identified it as wholly or partly fit for human consumption, so handled that it does not come into contact with carcasses of meat and offal intended for human consumption.

(3) The treatment provided for in paragraph (2) shall be carried out in the farm of origin or in any other place designated by the registered veterinary surgeon.

(4) Fresh meat covered by the terms of paragraph (2) shall be marked with a national health mark in accordance with the Abattoirs (Health Mark) Regulations, 1992 ( S.I. No. 90 of 1992 ).

10 Health Marking Conditions

10. (1) A person shall not place or cause to be placed on the market fresh meat unless it bears a health mark.

(2) In the case of establishments approved under Regulation 4,the health mark shall accord with the requirements of Chapter XI of the First Schedule and be applied in accordance with these provisions.

(3) In the case of establishments authorised or registered, as the case may be, under Regulations 5 and 6 the health mark shall accord with the provisions of the Abattoirs (Health Mark) Regulations, 1992 and be applied in accordance with those provisions.

(4) Wrapping and packaging material bearing the health mark shall be subject to such record and control systems as the veterinary inspector considers necessary.

(5) It is the responsibility of the owner or person in charge of an abattoir or establishment to ensure that the provisions of this Regulation are followed.

Part IV Veterinary Examination

11 ..

11. (1) Upon completion of the ante or post-mortem inspection as required under these Regulations, the veterinary inspector shall declare whether the animal is fit for slaughter for human consumption or if the meat is fit for human consumption.

(2) The grounds upon which the veterinary inspector may declare the animal to be unfit for slaughter for human consumption or the meat to be unfit for human consumption are set down in Part II of the First and Second Schedule of the Abattoirs Act, 1988 (Veterinary Examination) Regulations, 1992 ( S.I. No. 89 of 1992 ), as amended for the time being.

(3) The owner or person in charge of an establishment approved, authorised or registered, as the case may be, by the Minister in accordance with Regulation 4, 5 or 6 shall ensure that:

( a ) meat declared unfit for human consumption by a veterinary inspector is clearly distinguished from meat declared fit for human consumption;

( b ) meat declared unfit for human consumption is disposed of in accordance with the provisions of the European Communities (Disposal, Processing and Placing on the Market of Animal By-products) Regulations, 1994 (S .1. No. 257 of 1994).

(4) The veterinary inspector may test for residues in accordance with Community and national legislation and where he suspects their presence in animals or fresh meat on the basis of the findings of the veterinary examination or any other information. The veterinary inspector may test for residues of substances having a pharmacological action and their derivatives, and for other substances transmissible to meat which are likely to render the consumption of fresh meat dangerous or harmful to human health. If the meat examined "shows traces of residues in excess of permitted tolerances, the official veterinarian shall declare it unfit for human consumption.

Part V Responsibilities of the Owner or Person in charge

12 ..

12. (1) The person who is for the time being the owner or person in charge of an establishment approved by the Minister under Regulation 4 shall ensure that, at all stages of slaughtering, production, cutting, repackaging or storing, the specifications of these Regulations are complied with. To this end the said person shall regularly carry out:

( a ) checks on the general hygiene of conditions of production in the establishment, inter alia, by means of microbiological checks;

( b ) checks on the utensils, fittings and machinery at all stages of productions and, if necessary, products;

( c ) such sampling, as is specified by the veterinary inspector, for the purpose of checking cleaning and disinfection methods and for checking compliance with the standards as may be set by the Minister from time to time; all samples shall be analysed in a laboratory approved by the Minister;

( d ) and maintain a written or registered record of the information required under subparagraphs (a) and (b) which should be kept for examination, upon request, by the veterinary inspector for a period of at least two years; and

( e ) the requirements of subparagraphs (a) and (b); these shall be. drawn up in conjunction with and to the satisfaction of the veterinary inspector who may monitor compliance with the requirements of this paragraph as he considers necessary.

(2) The person who is for the time being the owner or person in charge of an establishment approved under Regulation 4 shall in accordance with the directions of the veterinary inspector and subject to any time limits that he may specify/ arrange a staff training programme enabling workers, who have not, in the opinion of the veterinary inspector, already received acceptable training, to satisfy the hygiene standards appropriate to that type of production.

(3) The owner or person in charge of an establishment approved in accordance with Regulation 4 shall ensure that, written or registered records are kept of fresh meat entering and leaving the establishment. This information shall be kept for examination, upon request, by the veterinary inspector for a period of at least two years.

(4) The veterinary inspector may analyse the results of the checks provided for in paragraph (1) . He may, on the basis of these analyses, conduct further examinations at all stages of production and on the meat or products.

(5) The veterinary inspector may instruct the owner or person in charge of an establishment to carry out an increased number of tests.

(6) Where the veterinary inspector finds a failure to comply with hygiene rules laid down in these Regulations or the Council Directive, he may require the owner or person in charge of the establishment to remedy such defects as he may specify within a specified period. The owner or person in charge of an establishment shall rectify any shortcomings notified to him by the veterinary inspector under this Regulation.

(7) Where the owner or person in charge fails to carry out any instruction issued by the veterinary inspector under paragraph (6) or where the veterinary inspector considers that there is a serious hygiene risk in an establishment or that he is being obstructed in carrying out an adequate health inspection; he may:

(i) require the owner or person in charge of the establishment or premises to reduce the rate of production; or

(ii) require the owner or person in charge to temporarily suspend the use of equipment or part of the premises, or the type of production in question; or

(iii) seize the wrappers, labels, stamps and seals bearing the health mark.

Part VI Ministerial Approval, Inspection and Supervision

13 Granting of Ministerial Approval

13. (1) Where the Minister approves an establishment in accordance with Regulation. 4, he shall allocate an official veterinary approval number to that establishment and shall notify the owner or person in charge of the establishment in writing of the approval and of the number. The Minister shall maintain a list of establishments approved under Regulation 4.

(2) The Minister may attach conditions, as he sees fit, to an approval granted under Regulation 4, or subsequently, and may amend or revoke any conditions attached to the approval and shall notify the owner or person in charge of the establishment concerned in writing of the conditions, amendment or revocation concerned.

(3) The Minister may, if he is satisfied that the relevant provisions of these Regulations are not being complied with in relation to an establishment, refuse to approve the establishment and shall notify the owner or person in charge of the establishment by at least 21 days notice in writing of the refusal and the reasons for such refusal.

(4) Where the Minister finds that the hygiene rules laid down in these Regulations are being breached or that adequate health inspection is being hampered, the Minister may temporarily suspend the approval with regard to the activity in question or the whole establishment.

(5) In the event of continued non compliance with these Regulations or failure by the owner or person in charge of the establishment to take the measures required under these Regulations, the Minister may revoke an approval with regard to the activity in question or the whole establishment.

(6) The Minister shall not—

( a ) revoke or suspend an approval given under Regulation 4, or

( b ) refuse to approve an establishment on foot of an application, without

(i) notifying the holder of, or applicant for, the approval by 14 days notice in writing of his intention to revoke or suspend or refuse the approval; and

(ii) specifying his reason for the intended revocation or suspension or refusal, as the case may be; and

(iii) affording the holder of, or applicant for, the approval an opportunity of making representations or having representations made on his behalf to the Minister within 14 days in relation to the proposed revocation or suspension or refusal, as the case may be.

(7) Where an approval granted to an establishment under Regulation 4 is suspended or revoked, the owner or person in charge of that establishment shall not produce, cut, store place on the market, supply, sell or use products originating from that establishment subsequent to the date of revocation or suspension, as the case may be, except with the approval of the Minister.

(8) The Minister may restore approval, if approval has been suspended or revoked in accordance with paragraphs (4) and (5), in instances where

( a ) the owner or person in charge of the suspended establishment has rectified the shortcomings notified to him by the Minister, and

( b ) the tests or checks carried out by the veterinary inspector confirm the safety of the fresh meat emanating from the suspended establishment, and

( c ) the Minister is satisfied that the suspended establishment will fully comply with the requirements of Regulation II, if these requirements are applicable.

(9) Notwithstanding the other provisions of this Regulation, the Minister may where he is satisfied that there is a serious and immediate risk to animal or human health, suspend without notice an approval granted under these Regulations.

14 Certificates and Commercial Documents

14. (1) Consignments of fresh meat shall be accompanied during transportation by either a health certificate or by a commercial document in accordance with Regulation 7(1) (f).

(2) Any person who dispatches or receives a consignment of fresh meat accompanied by a commercial document or a health certificate, shall retain a copy of that document or certificate and shall make it available for inspection when requested by a veterinary inspector or an authorised officer, for a period of at least one year after receipt or dispatch.

(3) An application for a health certificate required for the purposes of compliance with these Regulations shall be made to a veterinary inspector and shall be in such form and contain such particulars as the Minister may require and, unless the Minister otherwise agrees, such an application shall be received by the veterinary inspector to whom it is made not later than the day, being a day which is not a Saturday, Sunday or a bank or public holiday, preceding the day on which the certificate is required by the applicant.

(4) A person shall not supply false or misleading particulars to a veterinary inspector for the purpose of obtaining a health certificate or shall not include false or misleading particulars in a commercial document.

15 Powers to protect Public and Animal Health

15. (1) Where in relation to any fresh meat intended for human consumption, an authorised officer forms an opinion that there is a risk to animal or public health

( a ) he may detain any fresh meat, or

( b ) he may seize any fresh meat, or

( c ) he may serve or cause to be served on any person who is the owner of the fresh meat or an importer, or exporter of such meat or the person who appears to such officer to be in control for the time being of such meat a notice requiring either the owner, importer, exporter, or person in control for the time being of the fresh meat, that such meat

(i) be destroyed in such manner and at such place as the authorised officer shall direct, or

(ii) be used or disposed of in such manner as the authorised officer shall direct, and

(iii) any costs pertaining to action required under subparagraphs (i) and (ii) will be borne by the person on whom the notice is served.

(2) A requirement contained, in a notice may specify a time limit within which it is to be complied with.

(3) A requirement specified in a notice served under paragraph (1) (in this paragraph referred to as "the earlier notice") may be modified or withdrawn in a further such notice and in that event the earlier notice shall have effect subject to such modification or withdrawal.

(4) A notice may require the owner, importer, exporter, or person in control for the time being of the fresh meat, as the case may be, to choose between two or more of the requirements specified in the notice.

(5) A notice referred to in paragraph (1) may be served on the owner, importer, exporter, or person in control for the time being of the fresh meat, as the case may be, by delivery of it by hand, or by sending it by prepaid registered post to or by leaving it at his last known place of abode or business.

(6) ( a ) An owner, importer, exporter or person in control for the time being of the fresh meat may appeal within 7 days of the seizure of the fresh meat or service of the notice under paragraph (1) to the Judge of the District Court having jurisdiction in the District Court District where such meat is situated or to the Judge of the District Court having jurisdiction in the District Court District where the person bringing the appeal ordinarily resides or carries on business on the grounds that the seizure or the notice or any of the terms thereof are not justified having regard to the provisions of these Regulations.

( b ) An appeal made pursuant to subparagraph (a) may be heard at any sitting of the District Court within the appropriate District Court District.

( c ) (i) Notice of an appeal made pursuant to subparagraph (a) shall be served on the Minister and the said notice shall be served at least 48 hours prior to the hearing of the appeal by serving it on the Minister or by leaving it at the place and in the manner specified in the notice issued under this Regulation;

(ii) the notice of appeal shall contain a statement of the grounds upon which it is alleged that the seizure or the notice or any of the terms thereof are not justified.

( d ) A copy of the notice of appeal shall be lodged with the District Court Clerk in the manner specified in the notice issued pursuant to paragraph (1), at least 48 hours prior to the hearing of the appeal.

( e ) The Minister shall, as well as the appellant, be entitled to be heard and to adduce evidence at the hearing of an appeal brought under paragraph (6) of this Regulation in opposition to an appeal made pursuant to this Regulation.

(7) On the hearing of an appeal under this Regulation a Judge of the District Court may, at his discretion, confirm, modify, or annul the action taken under paragraph (1).

(8) ( a ) No person, including a person upon whom a notice has been served under paragraph (1), shall deal with the fresh meat concerned other than in accordance with the terms of the notice.

( b ) In the event of an appeal against the terms of a notice referred to in subparagraph (a), pursuant to paragraph (6), no person, including the person appealing, shall deal with the fresh meat concerned pending the determination of the appeal other than in accordance with such directions as shall be given in writing to the appellant by an authorised officer.

( c ) Where the terms of a notice referred to in subparagraph (a) are confirmed with or without modification by the Judge of the District Court hearing the appeal made under the said paragraph (6) no person, including the person who made the appeal, shall deal with the fresh meat concerned other than in accordance with such notice as confirmed.

(9) ( a ) where -

(i) an owner, importer, exporter or a person for the time being in control of the fresh meat fails to comply with the terms of a notice served upon him under paragraph (1) within the time specified therein, or

(ii) an authorised officer has reasonable grounds for believing that the terms of a notice served under paragraph (1) will not be complied with, or

(iii) a notice served under paragraph (1) has been confirmed with or without modification under paragraph (7) and the notice has not been complied with, or

(iv) an authorised officer has reasonable grounds for believing that the terms of a notice served under paragraph (1) which has been confirmed with or without modification under paragraph (7) will not be complied with, or

(v) pending the determination of an appeal made pursuant to subparagraph (a) of paragraph (6), an authorised officer has reasonable grounds for believing that directions given pursuant to paragraph (8) have not been or shall not be complied with,

an authorised officer may at any time seize the fresh meat at such premises or place as he thinks fit in the circumstances of the case.

( b ) In relation to any seized fresh meat, an authorised officer may destroy it' or cause it to be destroyed in such manner and at such place as the authorised officer shall direct, or such meat may be used or disposed of in such manner as the authorised officer shall direct.

( c ) Any profits arising out of the disposal of the fresh meat referred to in subparagraph (b) shall be paid to the owner of such meat less any expenses incurred in connection with the said disposal.

(10) The costs of disposal or destruction of the fresh meat under this Regulation shall, subject to the provisions of subparagraph (9)(c), be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction from the person who was the owner of such meat at the time the disposal or destruction was carried out.

(11) in this Regulation -

"importer" and "exporter" include any person who, whether as owner, consignor, consignee, agent or broker is in possession of or in any way entitled to the custody or control of the fresh meat which is being or has been imported into or exported from the State.

16 Powers of Inspection

16. (1) The Minister may appoint such and so many persons as he thinks fit to be authorised officers for the purposes of these Regulations.

(2) An authorised officer shall be furnished with a warrant of his appointment by the Minister as an authorised officer and when exercising any power conferred on him by these Regulations such officer shall, if requested by any person affected, produce the warrant to that person.

(3) An authorised officer or a veterinary expert from the European Commission, within the meaning of Article 12.1 of the Council Directive, may at all reasonable times enter an establishment approved, authorised or registered under these Regulations or for which an application for approval, authorisation or registration has been received for the purposes of carrying out inspections and supervision as required by these Regulations and the Council Directive.

(4) An authorised officer may at all reasonable times enter an establishment or any other premises or place in which he has reasonable grounds for believing that fresh meat is being produced, cut, stored, wrapped, packaged or repackaged for human consumption or for placement on the market in contravention of these Regulations and the Council Directive.

(5) Authorised officers shall at all times have free access to all parts of establishments or premises in order to ensure that these Regulations are being complied with and, where there is doubt as to the origin of the fresh meat, to accounting documents which enable the establishment or holding of origin of the raw material to be traced.

(6) Inspection and supervision of all establishments under these Regulations shall be carried out by the veterinary inspector, appointed for the purpose of these Regulations, who may be accompanied by an assistant in accordance with the Directive. The veterinary inspector shall at all times have free access to all parts of the establishment in order to ensure that the terms of these Regulations and the Council Directive are being complied with and, where there is doubt as to the origin of meat or slaughtered animals, to accounting documents which enable him to trace the establishment or the holding of origin of the raw material.

(7) An authorised officer may -

( a ) make such examinations, tests, checks and inspections at all stages of production and on any fresh meat, and

( b ) have access to, inspect, remove or make copies of or extracts from any books, documents, computer records or other records maintained at the establishment for the purposes of checking compliance with these Regulations, and

( c ) take such reasonable samples of any fresh meat or product, which he finds, in the course of his inspection,

he may consider appropriate for the purposes of these Regulations and the Council Directive.

(8) The person who is for the time being the owner or operator of an establishment approved, authorised or registered, as the case may be, by the Minister under these Regulations shall carry out all reasonable directions issued by an authorised officer for the purposes of these Regulations.

Part VII Certification

17 Improper use of Health Marks, Certificates or Documents

17. (1) A person shall not print or cause to be printed, order, import, purchase, sell, offer, expose for sale or use a certificate or a veterinary control label or any document or label purporting to be or in any way resembling a certificate or a veterinary control label save with the consent in writing of the Minister.

(2) A person shall not have in his possession or under his control a certificate or any document purporting to be or in any way. resembling a certificate or a veterinary control label, unless he is

(i) an authorised officer or an officer of the Minister, or

(ii) a person who is in possession or control of the certificate or document with the consent in writing of the Minister, or

(iii) a person who is in possession or control of the certificate, label or document, in accordance with the provisions of these Regulations.

(3) A person shall not make or cause to be have made, order, import, purchase, sell, offer or expose for sale any instrument for affixing a health mark on fresh meat or any instrument for affixing a health mark in accordance with Regulation 10 on any certificate, document, wrapping, label, carton or other thing, save in accordance with these Regulations.

(4) A person shall not apply a health mark or anything purporting to be a health mark to a certificate or a commercial document or a veterinary control label except in accordance with these Regulations.

(5) A person shall not procure by fraud or by misrepresentation, forge, or without lawful authority or excuse, alter or tamper with, any document purporting to be a certificate or a commercial document or any other document purporting to be issued under these Regulations or for the purposes of the Council Directive nor issue any such certificate or document knowing it to be procured by fraud or by misrepresentation, forged, altered or tampered with.

(6) Nothing in paragraph (1) shall be construed as prohibiting the importation of a certificate where such importation is for the purpose only of complying with these Regulations.

Part VIII Miscellaneous Provisions

18 Prosecutions

18. (1) An offence under these Regulations may be prosecuted by the Minister.

19 Offences

19. (1) Any person who contravenes a provision of these Regulations shall be guilty of an offence.

(2) If any person fraudulently -

( a ) tampers or otherwise interferes with any fresh meat so as to procure that any sample of it taken under these Regulations does not correctly represent the fresh meat,

( b ) tampers or otherwise interferes with any sample taken under these Regulations,

that person shall be guilty of an offence.

(3) Any person who obstructs or otherwise interferes with an authorised officer in the exercise of a power conferred on him by these Regulations shall be guilty of an offence.

(4) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other official of such body, each such person shall be guilty of an offence.

20 Penalties

20. A person guilty of an offence under these Regulations shall be liable, on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

21 Repeals and Revocations

21. The following Regulations are hereby revoked:

— Section 8 of the Agricultural Produce (Meat) (Miscellaneous Provisions), Act 1954 (No. 33 of 1954)

— the Agricultural Produce (Fresh Meat) (Beef, Pork and Mutton) (Amendment) Regulations, 1985 ( S.I. No. 260 of 1985 );

— the European Communities (Fresh Meat) Regulations 1987, ( S.I. No. 284 of 1987 ).

— the European Communities (Fresh Meat) (Amendment) Regulations 1989, ( S.I. No. 66 of 1989 ).

22 Saver

22. These Regulations are in addition to and not in substitution for the Agricultural Produce (Fresh Meat), Act 1930 (No. 10 of 1930), the Abattoirs Act, 1988 (No. 8 of 1988) and the Animal Remedies Act, 1993 (No. 23 of 1993) and Regulations made, continued in force or deemed to have been made thereunder.

FIRST SCHEDULE

Chapter I

GENERAL CONDITIONS FOR THE APPROVAL OF ESTABLISHMENTS

Establishments shall have at least the following facilities:

1. In rooms where fresh meat is produced, worked on or stored and in areas and corridors through which fresh meat is transported:

( a ) waterproof flooring which is easy to clean and disinfect, rot-proof and laid in such a way as to facilitate the draining of water: the water shall be channelled towards drains fitted with gratings and traps to prevent odours. However:

(i) in the case of rooms referred to paragraph 14(d) and (f) of Chapter II, paragraph 15(a) of Chapter III and paragraph 16(a) of Chapter IV, channelling of water towards drains fitted with gratings and traps is not required and, in the case of premises referred to in paragraph 16(a), a device with which water may easily be removed is sufficient,

(ii) in the case of rooms referred to in paragraph 17(a) of Chapter IV and in areas and corridors through which fresh meat is transported, waterproof and rot-proof flooring is sufficient;

( b ) smooth, durable, impermeable walls, with a light-coloured, washable coating up to a height of at least two metres, and of at least three metres in slaughter rooms; in chilling or refrigeration rooms and in stores the walls shall be coated at least to storage height. Wall to floor junctions shall be rounded or similarly finished except in the rooms referred to in paragraph 17(a) of Chapter IV.

( c ) doors in hard wearing, non-corrodible material and, if of wood, with a smooth and impermeable covering on all surfaces;

( d ) insulation materials which are rot-proof and odourless;

( e ) adequate ventilation and good extraction of steam;

( f ) adequate natural or artificial lighting which does not distort colours;

( g ) a clean and easily cleaned ceiling; failing that, a roof covering with an interior surface which fulfils these conditions;

2. ( a ) as near as possible to the work stations, a sufficient number of facilities for cleaning and disinfecting hands and for cleaning tools with hot water. Taps shall not be hand operable. For washing hands, these facilities shall have hot and cold running water or water premixed to a suitable temperature, cleaning and disinfecting products and hygienic means of drying hands;

( b ) facilities for disinfecting tools, with hot water supplied at not less than 82°C;

3. appropriate arrangements for protection against pests such as insects and rodents;

4. ( a ) instruments and working equipment such as cutting tables, tables with detachable cutting surfaces, containers, conveyor belts and saws, made of corrosion-resistant material not liable to taint meat and easy to clean and disinfect. Surfaces coming into, or capable of coming into, contact with meat, including welds and joins, shall be marinated smooth.

( b ) corrosion-resistant fittings and equipment meeting hygiene requirements for:

(i) meat handling;

(ii) storing meat containers, in such a way that neither the meat nor the containers come into direct contact with the floor or walls;

( c ) facilities, including suitably laid out and equipped reception and marshalling areas, for the hygienic handling and protection of meat during loading and unloading;

( d ) special watertight non-corrodible containers, with lids and fasteners to prevent unauthorised persons from removing things from them, for keeping meat not intended for human consumption, or a lockable room for such meat if the quantities are large enough to necessitate this or if the meat is not removed or destroyed at the end of each working day; where such meat is removed through conduits, these shall be so constructed and installed as to avoid any risk of contamination of the fresh meat;

( e ) facilities for the hygienic storage of materials for wrapping and packaging where such activities are carried out in the establishment;

5. refrigeration equipment to keep the internal temperature of the meat at the levels required by these Regulations. This equipment shall include a system for draining off water or condensation without any possibility of contamination of the meat;

6. a pressurised supply of potable water within the meaning of the European Communities (Quality of Water intended for Human Consumption) Regulations, 1988 ( S.I. No. 81 of 1988 ) only. However, a non-potable water supply is authorised in exceptional cases for steam production, file fighting and the cooling of refrigeration equipment, provided that the pipes installed for this purpose preclude the use of this water for other purposes and present no risk of contamination of fresh meat. Non-potable water pipes shall be clearly distinguished from those used for potable water;

7. an adequate supply of hot potable water within the meaning of the European Communities (Quality of Water intended for Human Consumption) Regulations, 1988 ( S.I. No. 81 of 1988 );

8. liquid and solid disposal systems which meet hygiene requirements;

9. an adequately equipped lockable room for the exclusive use of the veterinary service; or, in the case of stores referred to in paragraph 17 of Chapter IV, suitable facilities;

10. facilities enabling the veterinary inspections provided for in these Regulations and the Council Directive to be carried out efficiency at any time;

11. an adequate number of changing rooms with smooth, waterproof, washable walls and floors, wash basins, showers and flush lavatories so equipped as to protect the clean parts of the building from contamination.

 Lavatories shall not open directly onto the work rooms. Showers are unnecessary in cold stores receiving and shipping hygienically wrapped fresh meat only. Wash basins shall have hot and cold running water or water premixed to a suitable temperature, materials for cleaning and disinfecting the hands and hygienic means of drying hands. Wash basins taps shall not be hand operable or arm operable. There shall be a sufficient number of such wash basins near the lavatories;

12. a place and adequate facilities for cleaning and disinfecting means of transport for meat except in the case of cold stores receiving and shipping hygienically packed fresh meat only. A separate such place and adequate facilities for means of transport for livestock shall be provided in the case of slaughterhouses. However, these places and facilities are not compulsory if the means of transport are to be cleaned and disinfected in an establishment or premises which is acceptable to an authorised officer.

13. a room or a secure place for the storage of detergents, disinfectants and similar substances.

Chapter II

SPECIAL CONDITIONS FOR THE APPROVAL OF SLAUGHTERHOUSES

14. In addition to the general requirements slaughterhouses shall have at least the following facilities:

( a ) adequate lairage or, climate permitting, waiting pens for the animals; walls and floors shall be durable, impermeable and easy to clean and disinfect; these facilities shall be equipped for watering the animals, and for feeding them if necessary, and if appropriate a drainage system;

( b ) slaughter premises large enough for work to be carried out satisfactorily. In slaughter premises where both pigs and other animal species are slaughtered, a special place shall be provided for slaughtering pigs; however, such a special place is not essential if the slaughter of pigs and that of other animals take place at different times; but in such cases scalding, depilation, scraping and singeing shall be carried out in special places which are clearly separated from the slaughter line either by an open space of at least five metres or by a partition at least three metres high;

( c ) separate rooms sufficiently large and exclusively reserved for:

(i) emptying and cleaning stomachs and intestines.

Separate rooms will not, however, be necessary if these operations involving stomachs are carried out by means of closed-circuit mechanical equipment having an appropriate system of ventilation and satisfying the following requirements:

(I) the equipment shall be installed and arranged in such a manner that operations for separating intestines from the stomach and for the emptying and cleaning of stomachs are carried out hygienically. It shall be located in a special place which is clearly separated from any exposed fresh meat by a partition stretching from the floor to a height of at least three metres and surrounding the area where these operations are carried out, if such operations are carried out in the slaughterhouse. In addition, where swine are concerned, this provision shall apply to the extent necessary to prevent contamination of fresh meat and offal;

(II) the design and operation of the machine shall effectively prevent any contamination of the fresh meat;

(III) an air extractor shall be installed and shall function in such a fashion as to eliminate odours and any risk of aerosol contamination;

(IV) the machine shall be equipped with a device permitting closed-circuit evacuation of the residual water and the content of stomachs to the draining system;

(V) the circuit followed by stomachs to and from the machine shall be both clearly separated and at a distance from the circuit followed by other fresh meat. Immediately after they have been emptied and cleaned, the stomachs shall be removed in a hygienic manner;

(VI) stomachs shall not be handled by staff who handle other fresh meat. Staff handling stomachs shall not have access to other fresh meat;

(ii) dressing guts and tripe if this is carried out in the slaughterhouse. However, those operations may be performed in the same room referred to in subparagraph (c)(i) provided that cross-contamination is avoided;

(iii) preparing and cleaning offal other than that referred to in the preceding subparagraphs, including a separate place for storing heads at a sufficient distance from other offal, if these operations are carried out in the slaughterhouse and do not take place on the slaughterline;

(iv) the storage of hides, horns, hooves and pigs' bristles, in the event of these not being removed directly from the slaughterhouse on the day of slaughter, in closed, leak-proof containers pending their removal;

( d ) a separate place for packaging offal if this is done in the slaughterhouse;

( e ) lockable premises or, climate permitting, suitably sited pens with separate drainage for sick or suspect animals; lockable premises reserved for the slaughter of such animals, the storage of detained meat and the storage of meat declared unfit for human consumption. Premises reserved for the slaughter of these animals are not essential in an establishment not authorised by the Minister for the slaughter of these animals or where such slaughter is performed at the end of normal slaughtering, provided that steps are taken to prevent contamination of meat declared fit for human consumption. In this case the premises shall be specially cleaned and disinfected under the supervision of a veterinary inspector before being used again for slaughtering of animals which are neither sick nor suspect;

( f ) sufficiently large chilling or refrigerating rooms equipped with corrosion-resistant fittings designed to prevent fresh meat coming into contact with the floor or the walls when it is being moved or held;

( g ) means of controlling access to and exit from the slaughterhouse;

( h ) a clear separation between the soiled and clean working areas of the building so as to protect the clean areas from contamination;

( i ) equipment such that, after stunning, dressing can be carried out as far as possible on the suspended animal; under no circumstances may the suspended animal come into contact with the floor during dressing,

( j ) an overhead system of rails for the further handling of meat;

( k ) if dung is stored in the slaughterhouse precincts, a special section for such dung;

( l ) a room suitably equipped for carry out an examination for trichmella where such test is carried out in the establishment.

Chapter III

SPECIAL CONDITIONS FOR THE APPROVAL OF CUTTING PLANTS

15. In addition to the general requirements of Chapter I, cutting plants shall have at least the following facilities:

( a ) chilling or refrigerating rooms large enough for meat preservation, and, where packaged meat is stored in the establishment, a separate such room for packaged meat. Unpackaged meat may not be stored in such chilling or refrigerating rooms unless the rooms are first cleaned and disinfected;

( b ) a room for cutting and boning and wrapping equipped with a recording thermometer or recording telethermometer;

( c ) a room for packaging, where such operations are carried out in the cutting plant, unless the conditions provided for in paragraph 60 of Chapter XII are fulfilled;

( d ) a room for the storage of packaging and wrapping materials, where such operations are carried out in the cutting plant.

Chapter IV

SPECIAL CONDITIONS FOR THE APPROVAL OF COLD STORES

16. In addition to the general requirements of Chapter I, stores in which fresh meat is stored in accordance with the first subparagraph in paragraph 63 of Chapter XIV shall have at least the following facilities:

( a ) sufficiently large chilling and refrigeration rooms, which are easy to clean and in which fresh meat can be stored at the temperatures provided for under the first subparagraph of paragraph 63;

( b ) a recording thermometer or recording telethermometer in or for each storage area.

17. In addition to the general requirements of Chapter I, stores in which fresh meat is stored in accordance with the eighth subparagraph of paragraph 63 of Chapter XIV shall have at least:

( a ) sufficiency large chilling refrigeration rooms, which are easy to clean and in which fresh meat can be stored at the temperature provided for in paragraph 63;

( b ) a recording thermometer or recording telethermometer in or for each storage area.

Chapter V

HYGIENE OF THE STAFF, PREMISES AND EQUIPMENT IN THE ESTABLISHMENTS

18. Absolute cleanliness shall be required of staff, premises and equipment

( a ) staff handling exposed or wrapped fresh meat or working in rooms and areas in which such meat is handled, packaged or transported shall in particular wear clean and easily cleanable headgear, footwear and light coloured working clothes and, where necessary, clean neck shields or other protective clothing. Staff engaged in slaughtering animals or working on or handling meat shall wear clean working clothes at the commencement of each working day and shall renew such clothing during the day as necessary and shall wash and disinfect their hands several times during the working day and each time work is resumed. Persons who have been in contact with sick animals or infected meat shall immediately afterwards carefully wash their hands and arms in hot water and then disinfect them. Smoking is forbidden in workrooms, storerooms, load-in, reception, marshalling and load-out areas, and in other areas and corridors through which fresh meat is transported;

( b ) no animal may enter the establishment except, in the case of slaughterhouses, animals for slaughter and with reference to the precincts of these slaughterhouses, animals necessary for their operation. Rodents, insects and other vermin shall be systematically destroyed;

( c ) equipment and instruments used for working on meat shall be kept clean and in a good state of repair. They shall be carefully cleaned and disinfected several times during the working day, at the end of the day's work and before being reused when they have been soiled.

19. Premises, instruments and working equipment shall not be used for purposes other than work on fresh meat or farmed game meat authorised in accordance with the European Communities (Rabbit Meat and Farmed Game Meat) Regulations, 1995. S.I. No. 278 of 1995 .

 This restriction shall not apply to:

(i) transport equipment used on the premises referred to in paragraph 17(a), where the meat is packaged,

(ii) the cutting of poultry meat or wild game meat or rabbit meat or the producing of meat preparations, provided that such operations are carried out at a different time to the cutting of fresh meat or farmed game meat referred to at the start of this paragraph and the cutting room is completely cleaned and disinfected before being made use of again for the cutting of fresh meat or farmed game meat. These cutting plants are also subject to approval by the Minister in accordance with the terms of the European Communities (Fresh Poultry meat) Regulations, 1996. ( S.I. No. 3 of 1966 ).

 Meat-cutting instruments shall be solely for cutting meat.

20. Meat and meat containers shall not come into direct contact with the ground.

21. Potable water shall be used for all purposes; however, non-potable water may be used in exceptional cases for steam production provided that the pipes installed for this purpose preclude the use of this water for other purposes and present no danger of contamination of fresh meat. In addition, non-potable water may be used in exceptional cases for cooling refrigeration equipment. Non-potable water pipes shall be clearly distinguished from pipes used for potable water.

22. The spreading of sawdust or any other similar substance on the floor of the workrooms and fresh meat storage rooms is prohibited.

23. Detergents, disinfectants and similar substances shall be used in such a way that instruments, working equipment and fresh meat are not adversely affected. Their use shall be followed by thorough rinsing of such instruments and working equipment with potable water.

24. Persons likely to contaminate meat are prohibited from working on it and handling it. When recruited, any person working on and handling fresh meat shall be required to prove, by a medical certificate, that there is no impediment to such employment. The medical certificate shall be renewed every year unless another staff medical check-up scheme can offer equivalent guarantees to the satisfaction of a veterinary inspector.

Chapter VI

ANTE-MORTEM HEALTH INSPECTION

25. Animals shall undergo ante-mortem inspection within a period which is less than twenty-four hours after their arrival in the abattoir or slaughterhouse, and less than twenty-four hours before slaughter. In addition, the veterinary inspector may demand to conduct this inspection at any other time.

 This inspection shall be conducted in accordance with the provisions of the Abattoirs Act, 1988 (Veterinary Examination) Regulations, 1992 ( S.I. No. 89 of 1992 ), as amended for the time being. The inspection shall be repeated immediately before slaughter if the animal has been in the lairage overnight

 The owner or person in charge of the abattoir or slaughterhouse, shall facilitate operations for performing ante-mortem health inspections and in particular any handling which is considered necessary.

 The owner or person in charge of the abattoir or slaughterhouse shall ensure that each animal to be slaughtered bears an identifying mark or number to enable the veterinary inspector to determine its origin.

26. The veterinary inspector shall, in respect of animals delivered to the abattoir or slaughterhouse, check on compliance with Community rules on animal welfare.

Chapter VII

SLAUGHTER, CUTTING AND MEAT HANDLING HYGIENE

27. Slaughter animals brought into slaughter premises shall be slaughtered immediately and bleeding, flaying or removing the bristles, dressing and evisceration shall be carried out in a way which avoids any contamination of the meat.

28. Bleeding shall be complete; blood intended for human consumption shall be collected in absolutely clean containers. It shall not be stirred by hand, only with instruments which meet hygiene requirements.

29. Immediate and complete flaying is compulsory, except for pigs, without prejudice to the derogation provided for in the point 6(a). Part I, Second Schedule of the Abattoirs Act, 1988 (Veterinary Examination) Regulations, 1992 ( S.I. No. 89 of 1992 ), as amended for the time being. When not flayed, pigs shall have their bristles removed immediately. Debristling agents may be used for this operation, provided that the pigs are thoroughly rinsed afterwards with potable water.

 However, skinning of heads of calves and ovines is not necessary provided that those heads are handled in such a way as to avoid any contamination of fresh meat.

30. Evisceration shall be carried out immediately and completed not later than 45 minutes after stunning or, in. the cage of ritual slaughter, half an hour after bleeding. The lungs, heart, liver, kidney, spleen and mediastinum may either be detached or left attached to the carcass by their natural connections.

 If detached, they shall be numbered or identified in some way to enable them to be recognised as belonging to a given carcass: this also applies to the head, tongue, digestive tract and any other part of the animal required for inspection or possibly required for the execution of checks laid down in Directive 86/469/EEC ⁽¹²⁾ of 16 September 1986. The above-mentioned parts shall remain near the carcass until the inspection is completed. However, provided it shows no pathological symptom or lesion, the penis may be discarded immediately. For all species the kidneys shall be removed from their fatty covering: in the case of bovine animals, swine and solipeds the perirenal capsule shall also be removed.

(¹²) O.J. No. L275 of 26.9.1986, P.36.

31. Implements shall not be left in the meat; cleansing of meat by wiping with a cloth or other materials, and inflation, are prohibited. However, inflation of an organ may be authorised for ritual purposes, but in that event the inflated organ shall be excluded from human consumption. Mechanical inflation for the flaying of lambs and goats of a live weight of less than 15 kilograms may be approved by a veterinary inspector subject to compliance by the owner or person in charge with the hygiene rules laid down in these Regulations.

32. Carcasses of solipeds, pigs over four weeks old and bovine animals over six months old shall be submitted for inspection split lengthwise into half carcasses down the spinal column. If the inspection so necessitates, the veterinary inspector may require any head or any carcass to be split lengthwise.

 However, to take account of technological requirements or local habits of consumption a veterinary inspector may authorise the submission for inspection of pig heads not split in half.

33. Until the inspection has been completed, it shall not be possible for carcasses and offal not inspected to come into contact with carcasses and offal already inspected, and the removal, cutting or further treatment of the carcass shall be forbidden.

34. It shall not be possible for meat detained or declared unfit for human consumption, stomachs, intestines and inedible by-products to come into contact with meat declared fit for human consumption, and the former shall be placed as soon as possible in special rooms or containers located and laid out in such a way as to avoid any contamination of other fresh meat.

35. If the blood or the offal of several animals is collected in the same container before the completion of the post mortem inspection, the entire contents shall be declared unfit for human consumption if the carcass of one of the animals concerned has been declared unfit for human consumption.

36. The handling, trimming, further treatment and transport of meat, including offal, shall be performed meeting all hygiene requirements. Where such meat is packaged, paragraph 14(d) of Chapter II and the conditions of Chapter XI shall be complied with. Packaged meat shall be stored in a separate room from exposed fresh meat.

CHAPTER VIII

POST-MORTEM HEALTH INSPECTION

37. All parts of the animal including the blood shall be inspected immediately after slaughter to determine whether the meat is fit for human consumption. This inspection shall be conducted in accordance with the provisions of the Abattoirs Act, 1988 (Veterinary Examination) Regulations, 1992 ( S.I. No. 89 of 1992 ), as amended for the time being.

38. Where the veterinary inspector finds that the hygiene rules laid down in this Chapter are clearly being breached or that adequate health inspection is being hampered, he shall be empowered to take action with regard to the use of equipment or premises and to take any measure required, up to and including a reduction in the rate of production or interruption of the production process.

39. A. In addition, the veterinary inspector shall systematically carry out:

(i) an investigation for cystercosis in swine, this investigation shall include examination of the directly visible muscular surfaces, in particular the thigh muscles, the pillars of the diaphragm, the inter-costal muscles, the heart, the tongue and the larynx and, if necessary, the abdominal wall and the psoas muscles freed from fatty tissue;

(ii) fresh meat from swine and horses which contains skeletal muscles (striated muscles) shall undergo an investigation for trichinosis.

B. Where diseases transmissible to man are diagnosed, in the course of the ante-mortem and post-mortem health inspections they shall be communicated to the Minister as well as to the owner or person responsible for the herd in question.

CHAPTER IX

REQUIREMENTS FOR MEAT INTENDED FOR CUTTING

40. Cutting pieces smaller than quarter carcass, deboning or the cutting of offal is authorised in approved cutting plants only.

41. The owner or operator of the plant shall facilitate operations for supervising the plant, in particular any handling which is considered necessary, and shall place the necessary facilities at the disposal of the supervisory service. In particular, he shall be able on request to inform the veterinary inspector responsible for supervision of the source of the meat brought into his cutting plant.

42. Without prejudice to subparagraph (ii) of paragraph 19 of Chapter V, meat which does not fulfil the requirements of Regulation 7(2)(b) of these Regulations may not be placed in approved cutting plants unless placed in special storage areas; it shall be cut up in other places or at other times than meat which does fulfil those requirements. The veterinary inspector shall at all times have access to all storage rooms and work rooms in order to satisfy himself that the preceding provisions are rigorously observed.

43. ( a ) Subject to the provisions of subparagraph (d), fresh meat shall be brought into the rooms provided for in paragraph 15 (b) of Chapter III progressively as needed. As soon as it is cut, and where appropriate packaged, the meat shall be transferred to the relevant chilling or refrigerating room referred to in paragraph 15 (a) of Chapter III.

( b ) Meat entering a cutting premises shall be checked and, if necessary, trimmed. The work station for this task shall be equipped with suitable facilities and adequate lighting.

( c ) Subject to the provisions of subparagraph (d), during cutting, boning, wrapping and packaging the internal temperature of the meat shall be kept at a constant +7°C or less. During cutting, the temperature of the cutting room shall not exceed +12°C. During slicing, wrapping and packaging, the internal temperature of livers shall be kept at a constant +3°C or less.

During cutting, boning, slicing, dicing, wrapping and packaging the temperature of livers, kidneys and head meat shall be kept at a constant +3°C or less.

( d ) By way or derogation from subparagraphs (a) and (c), meat may be cut while warm. In that event, the meat shall be transferred directly from the slaughter premises to the cutting room. In addition, the slaughter premises and the cutting room shall be located in the same group of buildings and sufficiently near to each other for the meat to be transferred in a single operation, and cutting shall be carried out immediately after transfer. As soon as it: is cut, and where appropriate packaged, it shall be transferred to an appropriate chilling room.

( e ) Cutting shall be carried out in such a way as to avoid any soiling of the meat Splinters of bones and clots of blood shall be removed. Meat obtained from cutting and not intended for human consumption shall be collected in the facilities, containers or rooms referred to in paragraph 4 (d) of Chapter I as it is cut.

CHAPTER X

HEALTH CONTROL OF CUT MEAT AND STORED MEAT

44. Approved cutting plants and approved cold stores shall be supervised by a veterinary inspector.

45. Supervision by the veterinary inspector may include the following tasks:

(i) supervision of the entry and exit of fresh meat, (u) health inspection of fresh meat held in the establishments referred to in paragraph 44,

(iii) health inspection of fresh meat prior to cutting and when it leaves the establishments referred to in paragraph 44,

(iv) supervision of the cleanliness of the premises, facilities and instruments provided for in Chapter V, and of staff hygiene, including their clothing,

(v) any other supervision which the veterinary inspector considers necessary for ensuring compliance with these Regulations and the Council Directive.

CHAPTER XI

HEALTH MARKING

46. Health marking shall be carried out under the responsibility of the veterinary inspector. To accomplish this, he shall supervise:

( a ) the health mark;

( b ) the marks and wrapping material or packaging material when marked as provided for in this chapter.

47. The EC health mark shall be:

 an oval mark at least 6.5 cm wide by 4.5 cm high bearing the following information in perfectly legible characters:

(i) on the upper part, the name Ireland in capitals;

(ii) in the centre, the veterinary approval number of the establishment;

(iii) on the lower part, the initials EC.

 The letters shall be at least 0.8 cm high and the figures at least I cm high.

 The health mark may, in addition, include an indication of the veterinary inspector who carried out the health inspection of the meat.

48. Carcasses shall be stamped in ink or hot-branded in accordance with paragraph 47:

(i) those weighing more than 65 kilograms shall be marked on each half carcass, in the following places at least: external surface of the thighs, loins, back, breast and shoulder,

(ii) lamb, kid and piglet carcasses shall bear at least two stamps, one on each side of the carcass, on the shoulder or on the external surface of the thighs.

(iii) other carcasses must be marked in at least four places, on the shoulder and on the external surface of the thighs.

However, in the case of lamb, kid and piglet carcasses, health marking may take the form of a label or tag but it shall be possible to use them only once.

49. The livers of bovine animals, swine and solipeds shall be hot-branded in accordance with paragraph 47, if they are destined for dispatch to another Member State or a country of the EEA.

50. All other subproducts of slaughter fit for human consumption shall be marked immediately in accordance with paragraph 47, either directly on the product or on the wrapping or packaging. The mark in accordance with paragraph 47 shall be applied to a label that is fixed to the wrapping or packaging or printed on the packaging. If the wrapping or packaging is carried out in a slaughterhouse, the approval number of that establishment shall be included in the mark.

51. Packaging shall always be marked in accordance with paragraph 52.

52. Packaged cut meat and packaged offal referred to in paragraph 49 and 50 shall bear a health mark in accordance with paragraph 47. The mark shall include the veterinary approval number of the cutting plant instead of the slaughterhouse. The mark shall be applied to a label fixed to the packaging, or printed on the packaging, in such a way that it is destroyed when the packaging is opened. Non-destruction of the mark will be tolerated only when the packaging is destroyed by being opened. However, when cut meat or offal is wrapped in accordance with paragraph 59 of Chapter XII, the label referred to above may be affixed to the wrapping. In the case of offal packaged in a slaughterhouse, the number included in the mark shall be the veterinary approval number of the slaughterhouse concerned. This requirement also applies where stackable meat transport containers (Euro-boxes) are used, providing they satisfy the conditions of subparagraph 56(b).

53. Where fresh meat is wrapped in commercial portions intended for direct sale to the consumer, paragraphs 60 and 52 apply. The dimension requirements of paragraphs 47 need not apply to the mark required under this paragraph. If meat is repackaged in a plant other than that in which it was first wrapped, the wrapping shall bear the health mark of the cutting plant where it was first wrapped, and the packaging shall be bear the health mark of the packaging centre.

54. Meat from solipeds and its packaging shall bear a special mark to be determined in accordance with the procedure laid down in Article 16 of the Council Directive.

55. The colours used for health marking shall be those listed in Article 2(8) of Council Directive No. 94/36/EEC of 30 June 1994⁽¹³⁾.

 ⁽¹³⁾O.J. No. L 237 of 10.9.1994, p. 13.

CHAPTER XII

WRAPPING AND PACKAGING OF FRESH MEAT

56. ( a ) Packaging (for example packing cases, paperboard boxes) shall fulfil all rules of hygiene, and in particular:

(i) shall not alter the organoleptic characteristics of the meat;

(ii) shall not be capable of transmitting to the meat substances harmful to human health;

(iii) shall be strong enough to ensure effective protection of the meat during transportation and handling.

Wood may not be used except in the case of kid and lamb carcasses, provided that all precautions are taken to prevent contact between the meat and the packaging in the event of a tear in the wrapping.

( b ) Packaging shall not be reused for meat unless it is made of corrosion-resistant materials which are easy to clean and has been previously cleaned and disinfected.

57. Where fresh cut meat or offal is wrapped, this operation shall be carried out immediately after cutting and in accordance with hygiene requirements.

 With the exception of cuts of solid outer pig fat and belly, cut meat and offal shall in all cases be provided with a protective wrapping unless it is suspended throughout its transport.

 Such wrapping shall be transparent and colourless and shall also fulfil the conditions of subparagraph (a)(i) and (ii) of paragraph 56; it may not be used again for wrapping meat. This requirement may be waived for frozen meat intended to be used without further processing as a raw material for the products referred to in the European Communities (Meat Products and Other Products of Animal Origin) Regulations, 1995 ( S.I. No. 126 of 1995 ) and Council Directive 88/657/EEC.

 Where livers, kidneys or hearts are the subject of trade or are imported, each wrapping may contain only a complete organ.

58. Wrapped meat shall be packaged.

59. However, when wrapping fulfils all the protective conditions of packaging, it need not be transparent and colourless. Euro-boxes may only be used as a second container, provided that the other conditions of paragraph 56 are fulfilled.

60. Cutting, boning, wrapping and packaging operations may take place in the same room subject to the following conditions:

( a ) the room shall be sufficiently large and so arranged that the hygiene of the operations is assured;

( b ) the packaging and wrapping shall be enclosed in a sealed protective cover immediately after manufacture; this cover shall be protected from damage during transport to the establishment and stored under hygienic conditions in a separate room in the establishment;

( c ) the rooms for storing packaging material shall be dust and vermin-free and have no air connection with rooms containing substances which might contaminate fresh meat. Packaging shall not be stored on the floor;

( d ) packaging shall be assembled under hygienic conditions before being brought into the room;

( e ) packaging shall be hygienically brought into the room and used without delay. It shall not be handled by staff handling fresh meat;

( f ) immediately after packaging the meat shall be placed in the storage room provided.

 Fresh meat may also be packaged in a cutting room, provided that Euro-boxes, which meet the requirements of subparagraph 56(b) have been cleaned and disinfected prior to being brought into the cutting room.

61. The packaging referred to in this chapter may contain only cut meat from the same animal species, except in the case of commercial portions intended for direct sale to the consumer.

CHAPTER XIII

HEALTH CERTIFICATE

62. The original copy of the health certificate which shall accompany meat during transportation to the place of destination shall be issued by a veterinary inspector at the time of loading.

CHAPTER XIV

STORAGE

63. Fresh meat shall be chilled immediately after the post-mortem inspection and kept at a constant internal temperature of not more than +7°C for carcasses and cuts and +3°C for offal.

 Derogations from this requirement may, for technical reasons relating to maturation of the meat, be granted by a veterinary inspector on a case-by-case basis for the transportation of meat to cutting plants or butcher shops in the immediate vicinity of the slaughterhouse, provided that such transportation takes not more than two hours.

 Fresh meat for freezing shall come directly from an approved slaughterhouse or an approved cutting plant.

 Freezing of fresh meat may be performed only in rooms of the same establishment where the meat has been obtained or cut or in an approved cold store, by means of appropriate equipment.

 When intended for freezing, cuts referred to in Regulation 7(1), and the cuts referred to in paragraph 50 of Chapter XI and offal shall be frozen without delay unless maturation is required for health reasons. In the latter case they shall be frozen immediately after maturation.

 Carcasses, half carcasses, half carcasses cut into no more than three wholesale cuts, and quarters intended for freezing shall be frozen without undue delay after a period of stabilisation.

 Cut meat intended for freezing shall be frozen without delay after cutting.

 Frozen meat shall reach an internal temperature of 12°C or lower and may not be stored at higher temperatures thereafter.

 Fresh meat which has undergone a freezing process shall bear an indication of the month and year in which it was frozen.

64. No other product which may affect the hygiene of the meat or contaminate it may be stored in the rooms referred to in paragraphs 16 and 17 of Chapter IV unless the meat is packaged and stored separately.

65. The storage temperature of the storage rooms referred to in paragraphs 16 and 17 of Chapter IV shall be recorded.

CHAPTER XV

TRANSPORT

66. Fresh meat shall be transported in means of transport provided with a hermetic closing system or, in the case of fresh meat imported in accordance with the European Communities (Importation of Animals and Animal Products from Third Countries) Regulations, 1994 ( S.I. No. 255 of 1994 ) or fresh meat transiting through the territory of a third country in sealed means of transport, designed and equipped in such a way that the temperatures specified in Chapter XIV are maintained throughout transportation.

67. Means of transport intended for transporting such meat shall meet the following requirements:

( a ) their inside surfaces or any other part which may come into contact with the meat shall be of corrosion-resistant material which cannot affect the organoleptic characteristics of the meat or render the meat harmful to human health; these surfaces shall be smooth and easy to clean and disinfect;

( b ) they shall be provided with efficient devices for protecting the meat against insects and dust and be watertight;

( c ) for transporting carcasses, half carcasses, half carcasses cut into no more than three wholesale cuts, quarters and unpackaged cut meat, they shall be equipped with corrosion-resistant fittings for suspending the meat fixed at a height such that the meat cannot touch the floor. This provision shall not apply to frozen meat in hygienic packaging. In the case of transport by air, however, fittings for suspending the meat are not required provided that suitable corrosion-resistant facilities are provided for hygienically loading, holding and unloading the meat.

68. Means of transport intended for transporting meat may in no case be used for transporting live animals or any products likely to affect or contaminate meat.

69. No other product likely to affect the hygiene of the meat or to contaminate it may be transported at the same time as the meat in the same means of transport unless appropriate precautions are taken. Packaged meat shall be transported in separate means of transport from unpackaged meat unless, within the same means of transport, an adequate physical separation is provided so as to protect unpackaged meat from packaged meat. In addition, stomachs may not be transported therein unless scalded or cleaned, nor heads and feet unless they are skinned or scalded and depilated.

70. Fresh meat may not be transported in a vehicle or container which is not clean and has not been disinfected.

71. Carcasses, half carcasses and quarters, half carcasses cut into no more than three wholesale cuts, excluding frozen meat packaged in accordance with hygiene requirements, shall be suspended throughout transport except in the case of air transport in accordance with paragraph 67(c).

 Other cuts and offal shall be suspended or placed on support if not packaged or contained in corrosion-resistant containers. Such supports, packaging or containers shall meet hygiene requirements and, in particular as regards packaging, the provisions of these Regulations. The viscera shall always be transported in strong waterproof and greaseproof packaging which may only be reused after cleaning and disinfection.

72. The veterinary inspector shall ensure before dispatch that transport vehicles and loading conditions meet the hygiene requirements of this Chapter.

SECOND SCHEDULE

CHAPTER I

GENERAL CONDITIONS FOR THE APPROVAL OF LOW CAPACITY ESTABLISHMENTS OTHER THAN ABATTOIRS

Low capacity establishments, other than abattoirs, registered under Regulation 6 must have at least the following facilities:

1. In rooms where fresh meat is produced and worked on:

( a ) waterproof flooring which is easy to clean and disinfect, rotproof and laid in such a way as to facilitate the draining of water; the water shall be channelled towards drains fitted with gratings and traps to prevent odours;

( b ) smooth, durable, impermeable walls, with a light coloured, washable coating up to a height of at least two metres.

( c ) doors in easily cleanable, rot-proof and odourless material. Where meat is stored, the plant shall have storage premises which satisfy the aforementioned requirements;

( d ) insulation materials which are rot-proof and odourless;

( e ) adequate ventilation and if necessary good extraction of steam;

( f ) adequate natural or artificial lighting which does not distort colours;

2. ( a ) as near as possible to the work stations, a sufficient number of facilities for cleaning and disinfecting hands and for cleaning tools with hot water. For washing hands, these facilities shall have hot and cold running water or water premixed to a suitable temperature, cleaning and disinfecting products and hygienic means of drying hands;

( b ) facilities on the spot or in an adjacent room for disinfecting tools, with hot water supplied at not less than 82°C;

3. appropriate arrangements for protection against pests such as insects and rodents;

4. ( a ) instruments and working equipment such as cutting tables, tables with detachable cutting surfaces, containers, conveyor belts and saws, made of corrosion-resistant material, not liable to taint meat and easy to clean and disinfect The use of wood is forbidden;

( b ) corrosion-resistant fittings and equipment meeting hygiene requirements for:

(i) meat handling;

(ii) , storing meat containers, in such a way that neither the meat nor the containers come into direct contact with the floor or walls;

( c ) special watertight non-corrodible containers, with lids and fasteners to prevent unauthorised persons from removing things from them, for keeping meat not intended for human consumption; such meat shall be removed or destroyed at the end of each working day;

5. refrigeration equipment to keep the internal temperature of the meat at the levels required by these Regulations. The equipment shall include a drainage system linked to the wastewater pipes which presents no risk of contamination of the meat;

6. a pressurised supply of potable water within the meaning of the European Community (Quality of Water intended for Human Consumption) Regulations, 1988 ( S.I. No. 81 of 1988 ) only. However, a non-potable water supply is authorised in exceptional cases for steam production, fire fighting and the cooling of refrigeration equipment, provided that the pipes installed for this purpose preclude the use of this water for other purposes arid present no risk of contamination of fresh meat. Non-potable water pipes shall be clearly distinguished from those used for potable water;

7. an adequate supply of hot potable water within the meaning of European Communities (Quality of Water intended for Human Consumption) Regulations, 1988 (S.I. No. 81 of 1.988);

8. a system for hygienic disposal of waste water;

9. at least one wash basin and flush lavatories. The latter shall not open directly onto the work rooms. The wash basin shall have hot and cold running water or water premixed to a suitable temperature, hygienic materials for cleaning and disinfecting the hands and hygienic means of drying hands. The wash basin shall be near the lavatories.

CHAPTER II

GENERAL AND SPECIAL CONDITIONS FOR THE APPROVAL OF ABATTOIRS

Abattoirs, registered under the provisions of Regulation 6(1), must meet the conditions of the Abattoirs Act, 1988 (Abattoirs) Regulations, 1989 ( S.I. No. 152 of 1989 ), as amended for the time being.

GIVEN under my Official Seal this 23 day of OCTOBER 1997

JOE WALSH

Minister for Agriculture and Food.

EXPLANATORY NOTE

These Regulations lay down the health rules for the production and placing on the market of fresh meat intended for human consumption. They require premises to comply with set standards of structural and hygienic operation. The Regulations also provide for the health marking of all fresh meat produced in approved establishments and the veterinary supervision of such establishments.