S.I. No. 3/1996 - European Communities (Fresh Poultrymeat) Regulations, 1996

I, IVAN YATES, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive No. 71/118/EEC as amended by Council Directive No. 92/116/EEC^(1) of 17 December 1992 and by Council Directive No. 94/65/EC^(2) of 14 December 1994, hereby make the following Regulations:

^(1) O.J. No. L62 of 15.3.1993, p. 1.

^(2) O.J. No. L368 of 31.12.1994, p. 10.

PART I. Preliminary.

1 Title and Commencement.

1.

1. (1) These Regulations may be cited as the European Communities (Fresh Poultrymeat) Regulations, 1996.

• (2) These Regulations shall come into operation on the eighth day of January, 1996.

2 Interpretation.

2.

2. (1) In these Regulations, except where the context otherwise requires—

"authorised officer" means a person authorised in writing by the Minister to exercise for the purposes of these Regulations and the Council Directive the powers conferred on an authorised officer by these Regulations;

"auxiliary" means an officer or servant appointed by the Minister who may assist the official veterinarian in the performance of his duties under these Regulations and has the meaning assigned in the Council Directive;

"certificate" means a veterinary certificate or any other document issued by an official veterinarian and has the meaning and form assigned to it in the Council Directive;

"commercial document" has the meaning assigned to it in the Council Directive:

"consumer" means a person who buys fresh poultrymeat—

( a ) for his own consumption;

( b ) for consumption on premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him; or

( c ) for cooking on premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him for sale as take-away food for consumption off those premises;

"the Council Directive" means Council Directive No. 71/118/EEC as amended by Council Directive No. 92/116/EEC of 17 December 1992 and by Council Directive No. 94/65/EC of 14 December 1994;

"delayed eviscerated poultry" means poultry which is eviscerated within 15 days of slaughter, and meat and cuts therefrom;

"establishment" means a slaughterhouse, a cutting plant, a cold store, a rewrapping centre or a unit grouping together several such establishments;

"low-capacity cutting plant" means a cutting plant producing less than 3 tonnes of cut poultrymeat each week;

"Member State" means a Member State of the European Communities;

"the Minister" means the Minister for Agriculture, Food and Forestry;

"New York dressed poultry" means a poultry carcase which is not eviscerated immediately after slaughter and is sold in carcase form to the retailer or consumer;

"official veterinarian" means an authorised officer who is a registered veterinary surgeon and who is appointed by the Minister to discharge the functions of an official veterinarian as set down by these Regulations and by the Council Directive;

"poultry" means the species as defined in the Council Directive;

"premises" includes any land and any buildings, structures or private dwellings;

"sell" includes offer, expose or keep for sale, invite an offer to buy, barter, distribute (whether for reward or not) or otherwise place on the market and kindred words shall be construed accordingly;

"third country" means a country which is not a member of the European Communities;

"registered veterinary surgeon" means a person currently registered in the register established under the Veterinary Surgeons Act, 1931 (No. 36 of 1931).

• (2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directive.

• (3) In these Regulations—

( a ) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other provision is intended;

( b ) a reference to a Schedule is to a Schedule to these Regulations;

( c ) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3 General Conditions and Exemptions.

3.

3. (1) Subject to the provisions of paragraphs (3), (4) and (7), a person shall not produce or cause to be produced, obtain, rewrap, cut, store or place on the market fresh poultrymeat other than in compliance with these Regulations.

• (2) Subject to the provisions of paragraphs (3), (4) and (7), a person shall not use any establishment for the production, rewrapping, cutting or storage of fresh poultrymeat or place such poultrymeat on the market unless that establishment has been approved by the Minister in accordance with these Regulations.

• (3) The requirements of these Regulations shall not apply to the cutting and storage of fresh poultrymeat in retail shops or in premises adjacent to sales points, where the cutting and storage are performed solely for the purpose of supplying the consumer directly.

• (4) ( a ) Subject to the provisions of subparagraphs (b) (c) and (d), the provisions of paragraphs (1) and (2) shall not apply to fresh poultrymeat including New York dressed and delayed eviscerated poultry produced by a farmer, within the meaning of Article 3.II of Annex B to the Council Directive, or other person whose weekly production does not exceed 200 head of poultry provided that the fresh poultrymeat is sold:

• (i) directly to the consumer at the holding or at the weekly market nearest to the farmer's holding, or

• (ii) to a retailer with a view to direct sale to the final consumer provided that the retailer carries on business in the same county as the farmer or in an adjoining county.

( b ) The provisions of paragraphs (1) and (2) shall not apply to New York dressed poultry produced at a premises with an annual production of under 10,000 head of poultry per annum provided that such poultry is sold during the period of three weeks which immediately precede Christmas day and Easter Sunday each year.

( c ) The combined production limit of fresh poultrymeat, including New York dressed and delayed eviscerated poultry, produced under subparagraphs (a) and (b) shall not, under any circumstances, exceed 10,000 head of poultry per annum.

( d ) The sales referred to in subparagraphs (a) and (b) shall not apply in respect of itinerant sales, sale by mail order or, as regards the retailer, sale at a market.

• (5) The owner or person in charge of the holding where poultry is produced in accordance with the exemptions outlined in paragraph (4) shall keep a register of the number of poultry entering the slaughter facility, the origin of such poultry and the number of slaughter products leaving it. This information shall be made available to an authorised officer if he so requests.

• (6) Notwithstanding the provisions of paragraphs (4) and (5), no person shall sell poultry in carcase or any other form, from any slaughterhouse, farm or holding unless it bears or there is attached to each such body a label or other marking clearly indicating the name and the address of the owner or occupier of the premises where such poultry was slaughtered.

• (7) The provisions of paragraphs (1) and (2) shall not apply to low-capacity cutting plants unless they are situated in an establishment approved by the Minister in accordance with Regulation 4. It is the responsibility of the owner or person in charge of a low-capacity cutting plant to have available, on request from an authorised officer, a written record of the plant's weekly production.

PART II. Approval of Fresh Poultrymeat Establishments

4 Conditions of Approval for Fresh Poultrymeat Establishments.

4.

4. (1) Subject to the provisions of Regulations 3 and 6, the Minister may, on application, approve an establishment for the preparation, cutting and storage of fresh poultrymeat provided he is satisfied that such establishment—

( a ) in the case of slaughterhouses, meets the conditions laid down in Chapters I and II of the Schedule;

( b ) in the case of cutting plants, that they meet the conditions laid down in Chapters I and III of the Schedule;

( c ) in the case of cold stores, that they meet the conditions laid down in Chapters I and IV of the Schedule.

• (2) An approval granted under this Regulation shall relate to the owner of the establishment who originally applied for the approval. This approval shall cease in the event of the establishment being sold, ceasing trading or operation, or in the event of the death of the owner or the owner being adjudged bankrupt. Approval will also cease where an incorporated body is for any reason dissolved.

5 Conditions of Approval for Rewrapping Centres.

5.

5. (1) No person shall use a premises as a rewrapping centre for fresh poultrymeat unless it has been approved by the Minister.

• (2) The Minister may lay down the conditions for approval of rewrapping centres.

• (3) The Minister may, on application, approve a premises as a rewrapping centre for fresh poultrymeat provided he is satisfied that such premises meets the approval conditions.

• (4) An approval granted under this Regulation shall relate to the owner of the rewrapping centre who originally applied for the approval. This approval shall cease in the event of the rewrapping centre being sold, ceasing trading or operation, or in the event of the death of the owner or the owner being adjudged bankrupt. Approval will also cease where an incorporated body is for any reason dissolved.

6 Permanent Derogations.

6.

6. (1) The Minister may, on application, and subject to such conditions as he may specify, permit derogations from the requirements of Chapter I of the Schedule for low-capacity coldstores, within the meaning of Article 7.C of Annex B to the Council Directive, in which meat is stored provided it is packaged.

• (2) The Minister may, on application, and subject to the requirements of Article 7.A of Annex B to the Council Directive, exempt a slaughterhouse handling over 10,000 and under 150,000 head of poultry per year from the structural and infrastructural requirements of the Schedule provided he is satisfied that such a slaughterhouse can meet the requirements laid down in Article 7.A of Annex B to the Council Directive.

PART III Conditions for the Production and Marketing of Fresh Poultrymeat

7 General Conditions.

7.

7. (1) Fresh poultrymeat intended to be placed on the market shall accord with the provisions of this Part of the Regulations. In the case of carcases and offal, they shall—

( a ) come from a bird inspected before slaughter in accordance with the provisions of Chapter VI of the Schedule and be considered, following such inspection, by the official veterinarian, to be suitable for slaughter;

( b ) be obtained from a slaughterhouse which has been approved by the Minister in accordance with Regulation 4 and, in addition, be the subject of the checks required in accordance with Article 8 of Annex B of the Council Directive;

( c ) be treated under satisfactory hygiene conditions in accordance with Chapter VII of the Schedule;

( d ) be inspected post mortem in accordance with Chapter VIII of the Schedule and be found fit for human consumption, by the official veterinarian, in accordance with the Chapter IX of the Schedule;

( e ) be given a health marking conforming to the requirements of Chapter XII of the Schedule, on the understanding that such marking is not necessary for carcases that are cut in the same establishment;

( f ) after post mortem inspection be handled in accordance with paragraph 46 of Chapter VII of the Schedule and be stored in accordance with Chapter XIII of the Schedule under satisfactory hygiene conditions;

( g ) be suitably wrapped and packaged in accordance with Chapter XIV of the Schedule; where a protective covering is used, it shall satisfy the requirements of that Chapter;

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

• (i) be accompanied, other than in cases of trade between approved establishments, during their transport by:

( a ) either a commercial document. This document shall—

• (I) in addition to the particulars required in paragraph 66 of Chapter XII of the Schedule, bear a code number by which the official veterinarian responsible for the health inspection on the day the poultrymeat was produced can be identified;

• (II) be kept by the consignee for at least one year so that it can be produced at the request of an authorised officer;

or

( b ) a health certificate from a slaughterhouse in a region or area restricted on health grounds, within the meaning of Article 3.I.A. (i) of Annex B to the Council Directive, or in the case of fresh pountrymeat to be sent to another Member State after transit through a third country in a sealed means of transport.

• (2) Parts of carcases or boned poultrymeat shall—

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

( b ) be cut and obtained in accordance with the requirements of Chapters VII and X of the Schedule and come from—

• (i) fresh poultrymeat which complies with paragraph (1), or

• (ii) carcases of poultry imported from third countries in accordance with the provisions of Regulation 11;

( c ) be subject to checks by an official veterinarian in accordance with Article 8 (1) of Annex B to the Council Directive;

( d ) satisfy the requirements at subparagraphs (c), (h) and (i) of paragraph (1);

( e ) be wrapped, packaged and health marked in accordance with subparagraphs (e) and (g) of paragraph (1) at an establishment approved by the Minister under the terms of Regulation 4 or at a rewrapping centre approved by the Minister in accordance with Regulation 5.

• (f) be stored under satisfactory hygiene conditions and in accordance with the conditions of Chapter XIII of the Schedule;

• (3) When cutting plants use fresh meat other than poultrymeat, such meat shall conform with the relevant standards of the European Communities (Rabbit Meat and Farmed Game Meat) Regulations, 1995 ( S.I. No. 278 of 1995 ) or the European Communities (Wild Game) Regulations, 1995 ( S.I. No. 298 of 1995 ) or Council Directive 64/433/EEC^(3), as appropriate.

^(3) Updated by Council Directive No. 91/497/EEC — O.J. No. L268 of 24.9.91, p. 69.

• (4) Fresh poultrymeat which has been 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 meet the requirements of subparagraphs (c), (e), (g) and (h) of paragraphs (1) and (2) or be fresh poultrymeat imported from third countries in accordance with Regulation 11.

• (5) The provisions of paragraph (1) of this Regulation shall not apply to—

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

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

( c ) fresh poultrymeat intended exclusively as supplies for international organisations, within the meaning of Article 3.III. (c) of Annex B to the Council Directive.

8 Health Marking Conditions.

8.

8. (1) A person shall not place on the market fresh poultrymeat unless it bears the EC health mark, in the case of establishments approved under Regulation 4 or 5.

• (2) A health mark, which shall accord with the requirements of Chapter XII of the Schedule, shall be applied in accordance with paragraph 67 of that Chapter.

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

• (4) Wrapping and packaging materials bearing the health mark shall be subject to such record and control systems as the official veterinarian considers necessary.

PART IV Testing for Residues

9 ..

9.

9. (1) The official veterinarian may test for residues in accordance with Community and national legislation and where he suspects their presence in fresh poultrymeat or poultry on the basis of the findings of the pre-slaughter inspection or any other information. The official veterinarian may test for residues of substances having a pharmacological action and their derivatives, compliance with withdrawal periods, and for other substances transmissible to poultrymeat which are likely to render the consumption of fresh poultrymeat dangerous or harmful to human health.

• (2) If the results are positive, the official veterinarian shall take appropriate measures to take account of the risk incurred, and in particular to:

( a ) step up checks on the poultry raised or any quantity of meat obtained in technologically similar conditions and likely to present the same risk,

( b ) step up checks on other flocks on the holding of origin and, should the problem recur, take appropriate measures regarding the holding of origin,

( c ) where necessary, where a positive test result is confirmed, seize and destroy or cause to have destroyed such poultrymeat and the consignment it may have originated from,

( d ) take measures regarding the production chain, if there is ambient contamination.

• (3) The tolerances for the substances referred to in paragraphs (1) and (2), shall be established in accordance with the procedure provided for in Article 21 of Annex B to the Council Directive. Until the entry into force of these implementing measures, national rules shall be applicable.

• (4) Poultrymeat cannot be placed on the market for human consumption where:

( a ) it originates from poultry affected by the diseases referred to in Council Directive No. 91/494/EEC^(4) of 26 June 1991;

( b ) it shows traces of residues in quantities which exceed the tolerance set down in Article 4.2 of Annex B to the Council Directive or has been treated with antibiotics, tenderizers or preservatives, unless these preservatives are authorised under Community legislation, on the understanding that agents used specifically to promote water retention are prohibited, as well as any quantity of poultrymeat obtained in technologically similar conditions and likely as a result to present the same risk;

( c ) it originates from animals found to have one of the faults listed in paragraph 53 (a) of Chapter IX of the Schedule;

^(4) O.J. No. L268 of 24.9.1991, p. 35.

( d ) it has been declared unfit for human consumption pursuant to paragraphs 53 (b) and 54 of Chapter IX of the Schedule.

• (5) Fresh poultrymeat shall not be subject to ionising or ultraviolet raditation.

• (6) Mechanically recovered meat may only be traded if it has previously undergone heat treatment in accordance with the European Communities (Meat Products and Other Products of Animal Origin) Regulations, 1995 ( S.I. No. 126 of 1995 ) in the establishment of origin or any other approved establishment designated by the Minister.

10 Animal Health Conditions.

10.

10. Fresh poultrymeat intended to be placed on the market shall, in the case of intra-Community trade in poultrymeat governed by the terms of Council Directive No. 91/494/EEC of 26 June 1991, be accompanied by the health certificate referred to in Article 3 of that Directive.

PART V Imports from Third Countries

11 ..

11.

11. (1) No person shall import fresh poultrymeat from a third country unless:

( a ) it comes from a third country or part of a third country from which imports are not prohibited on animal health grounds;

( b ) it comes from a third country or part of a third country which is listed for the time being in accordance with Articles 9 (1) and 9 (2) of Council Directive 91/494/EEC that the poultrymeat meets the requirements of these Regulations and of the Council Directive;

( c ) it comes from an establishment in the third country concerned which has been approved for the time being in accordance with the procedure provided for in Article 21 of Annex B to the Council Directive;

( d ) it is accompanied by a health certificate referred to in Article 12 of Directive 91/494/EEC supplemented, if necessary, by a declaration drawn up in accordance with Article 21 of Annex B to the Council Directive.

• (2) The requirements of this Regulation are in addition to and not in substitution for the requirements laid down in the European Communities (Importation of Animals and Animal Products from Third Countries) Regulations, 1994 ( S.I. No. 255 of 1994 ).

PART VI Conditions relating to all Establishments

12 Responsibilities of the Owner or Person in charge.

12.

12. (1) A person who is for the time being the owner or person in charge of an establishment approved by the Minister in accordance with Regulation 4 or 5 shall ensure that, at all stages of slaughter, production, cutting, rewrapping or storage, the specifications of these Regulations are complied with. To this end, the said persons shall regularly carry out:

( a ) their own 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 production and, if necessary, products;

( c ) such sampling, as is specified by the official veterinarian, 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;

( 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 official veterinarian 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 official veterinarian, 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 shall in accordance with the directions of the official veterinarian 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 official veterinarian, already received acceptable training, to satisfy the hygiene standards appropriate to that type of production.

• (3) The owner or person in charge of a cutting plant or of a rewrapping centre approved in accordance with Regulation 4 or 5 shall ensure that written or registered records are kept of fresh poultrymeat entering and leaving the establishment specifying the nature of the poultrymeat received. This information shall be kept for examination, upon request, by the official veterinarian for a period of at least two years.

• (4) The official veterinarian 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 official veterinarian may instruct the owner or person in charge of an establishment to carry out an increased number of tests.

• (6) Where the official veterinarian 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 official veterinarian under this Regulation.

• (7) Where the owner or person in charge fails to carry out any instruction issued by the official veterinarian under paragraph (6) or where the official veterinarian considers that there is a serious hygiene risk in an establishment, 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 type of production in question; or

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

PART VII Ministerial Approval, Inspection and Supervision

13 Granting of Ministerial Approval

13.

13. (1) When the Minister approves an establishment in accordance with Regulations 4 or 5, he shall allocate an 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.

• (2) A single approval number may be given to an establishment processing or rewrapping products obtained from or with raw materials covered by Article 2 (d) of Council Directive 77/99/EEC^(5).

^(5) As Amended by Council Directive No. 92/5/EEC of 10 February - O.J. No. L57 of 2.3.1992, p.1.

• (3) A list of establishments approved under Regulations 4 and 5 shall be maintained by the Minister.

• (4) The Minister may attach conditions, as he sees fit, at the time of granting of an approval under Regulations 4 or 5, or subsequently, and may amend or revoke a condition 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.

• (5) 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 in writing of the refusal and the reasons for such refusal.

• (6) In the event of continued non compliance with these Regulations or failure by the owner or person in charge of an approved establishment to take the measures required under these Regulations the Minister may either temporarily suspend or revoke an approval.

• (7) The Minister shall not—

( a ) revoke or suspend an approval given under Regulations 4 or 5, or

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

• (i) noticing the holder of, or applicant for, the approval of his intention to revoke or suspend or refuse the approval, as the case may be; 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 within 14 days or having representations made on his behalf to the Minister in relation to the proposed revocation or suspension or refusal, as the case may be.

• (8) Where an approval granted to an establishment under Regulation 4 or 5 is suspended or revoked, the owner or person in charge of that establishment shall not slaughter, produce, cut, rewrap, store, or place on the market, supply, sell or use poultrymeat or 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.

• (9) The Minister may restore approval, if approval has been suspended in accordance with paragraph (6), 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 official veterinarian confirm the safety of the fresh poultrymeat emanating from the suspended establishment, and

( c ) the Minister is satisfied that the suspended establishment will fully comply with the requirements of Regulations 12.

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

14 Certificates and Commercial Documents.

14.

14. (1) Consignments of fresh poultrymeat shall be accompanied during transportation by either a health certificate or by a commercial document in accordance with Regulation 7 (1) (i) (a). It shall be made available on request by an authorised officer or an official veterinarian.

• (2) Any person who sends or receives a consignment of fresh poultrymeat 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 an authorised officer or an official veterinarian, for a period of at least one year after receipt or sending.

• (3) An application for a health certificate or the authorisation of a commercial document required for the purposes of compliance with these Regulations shall be made to the official veterinarian 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 official veterinarian 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 or the authorisation of the commercial document is required by the applicant.

• (4) A person shall not supply false or misleading particulars to an official veterinarian for the purpose of obtaining a health certificate or the authorisation of a commercial document.

15 Powers to protect Public and Animal Health.

15.

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

( a ) he may seize any fresh poultrymeat, or

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

• (i) in the case of an authorised officer who is an official veterinarian, 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.

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 poultrymeat, 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 poultrymeat, 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 poultrymeat may appeal within 7 days of the seizure of the fresh poultrymeat or service of the notice under paragraph (1) to the Judge of the District Court having jurisdiction in the District Court District where such poultrymeat 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 poultrymeat 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 poultrymeat 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 poultrymeat 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 poultrymeat 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 poultrymeat at such premises or place as he thinks fit in the circumstances of the case.

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

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

• (10) The costs of disposal or destruction of the fresh poultrymeat 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.

16. (1) The Muster 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 this 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 an expert from the European Commission, within the meaning of Article 10.1 of Annex B to the Council Directive, may at all reasonable times enter an establishment approved under these Regulations or for which an application for approval 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 poultrymeat is being produced 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 poultrymeat, to accounting documents which enable the slaughterhouse or holding of origin of the raw material to be traced.

• (6) Inspection and supervision of establishments shall be carried out by the official veterinarian who, in accordance with Article 8 (2) of Annex B to the Council Directive, may be accompanied by an auxiliary. The official veterinarian 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.

• (7) An authorised officer may—

( a ) make such examinations, tests and inspections at all stages of production and on any fresh poultrymeat or products, and

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

( c ) inspect, take or take copies of or extracts from any books, documents, or other records as he finds in the course of his inspection,

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

• (8) A person who is for the time being the owner or operator of an establishment approved by the Minister under these Regulations shall carry out all reasonable directions issued by an authorised officer or an official veterinarian for the purposes of these Regulations.

PART VIII Certification

17 Improper use of Health Marks, Certificates or Documents.

17.

17. (1) A person shall not print or cause to be printed, order, import, purchase, sell, offer or expose for sale a certificate or any document purporting to be or in any way resembling a certificate 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, unless he is—

• (i) an authorised officer or an official veterinarian 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 or document, in accordance with the provisions of these Regulations.

• (3) A person shall not make or cause to have been made, order, import, purchase, sell, offer or expose for sale any instrument for affixing a health mark on fresh poultrymeat in accordance with Regulation —, or any instrument for affixing a health mark in accordance with Regulation — 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 a code or anything purporting to be a health mark or a code to a certificate or a commercial document 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 utter 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 IX Miscellaneous Provisions

18 Offences.

18.

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

• (2) An offence under these Regulations may be prosecuted by the Minister.

• (3) If any person fraudulently—

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

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

that person shall be guilty of an offence.

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

• (5) 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.

19 Penalties

19.

19. A person guilty of an offence under these Regulations penalties shall be liable, on summary conviction, to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

20 Revocations.

20.

20. The European Communities (Fresh Poultrymeat) Regulations 1976 to 1988 ( S.I. No. 317 of 1976 , S.I. No. 109 of 1978 , S.I. No. 274 of 1982 and S.I. No. 273 of 1988 ) are hereby revoked.

21 Rider.

21.

21. These Regulations are in addition to and not in substitution for:

( a ) the Animal Remedies Act, 1993 (No. 23 of 1993) and Regulations made, continued in force or deemed to have been made thereunder;

( b ) the European Communities (Avian Influenza) Regulations, 1994 ( S.I. No. 172 of 1994 ) and the European Communities (Newcastle Disease) Regulations, 1994 ( S.I. No. 226 of 1994 ).

SCHEDULE

CHAPTER I GENERAL CONDITIONS FOR THE APPROVAL OF ESTABLISHMENTS

Establishments shall have at least the following facilities:

( a ) waterproof flooring which is easy to clean and disinfect, rotproof and laid in such a way as to facilitate the draining or 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 in paragraph 14 (e) 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) of Chapter IV, 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 which store only wrapped and packaged meat and in areas and corridors through which fresh poultrymeat is transported, waterproof and rotproof flooring is sufficient;

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

However, the use of wooden walls in the rooms referred to in paragraph 17 of Chapter IV is acceptable provided they were built before 1 January 1994;

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

( d ) insulation materials which are rotproof 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;

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

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

• (i) poultrymeat handling;

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

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

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

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

Lavatories shall not open directly on to the work rooms. Showers are unnecessary in cold stores receiving and shipping hygienically wrapped fresh poultrymeat 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;

CHAPTER II SPECIAL CONDITIONS FOR THE APPROVAL OF SLAUGHTERHOUSES

( a ) a room or covered space which is sufficiently large and easy to clean and disinfect for the pre-slaughter inspection provided for in paragraph 28 of Chapter VI and to accommodate the birds;

( b ) a slaughter room large enough for stunning and bleeding on the one hand, and plucking and any scalding on the other, to be carried out in separate places. Any communication between the slaughter room and the room or space referred to in subparagraph (a) other than the narrow opening through which only slaughter poultry may pass shall have an automatically closing door;

( c ) an evisceration and preparation room which is large enough for evisceration to be carried out in a place sufficiently far from the other work stations, or separated from them by a partition, so as to prevent contamination. Any communication between the evisceration and preparation room and the slaughter room other than the narrow opening through which only slaughter poultry may pass shall have an automatically closing door;

( d ) if necessary, a dispatching room;

( e ) one or more sufficiently large chilling and refrigeration rooms, with a lockable facility, for fresh poultrymeat which has been detained;

( f ) a room or space for collecting feathers unless these are treated as waste;

( g ) separate wash basins and lavatories for staff handling live birds.

CHAPTER III SPECIAL CONDITIONS FOR THE APPROVAL OF CUTTING PLANTS

( a ) chilling or refrigerating rooms large enough for meat preservation;

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

• (ii) in so far as this operation is carried out in the cutting plant a room for the evisceration of poultry referred to in paragraph 49 of Chapter VIII;

( c ) a room for packaging, where such operations are carried out in the cutting plant, unless the conditions provided for in paragraph 74 of Chapter XIV are fulfilled;

CHAPTER IV SPECIAL CONDITIONS FOR THE APPROVAL OF COLD STORES

( a ) sufficiently large chilling and refrigeration rooms, which are easy to clean and in which fresh poultrymeat can be stored at the temperatures provided for under the first subparagraph of paragraph 69;

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

( a ) sufficiently large chilling refrigerating rooms which are easy to clean and in which fresh poultrymeat can be stored at the temperature provided for in the second indent of paragraph 69;

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

CHAPTER V HYGIENE OF STAFF, PREMISES AND EQUIPMENT IN THE ESTABLISHMENTS

( a ) staff handling exposed or wrapped fresh poultrymeat or working in rooms and areas in which such poultrymeat is handled, packaged or transported shall in particular wear clean and easily cleanable headgear, footwear and light-coloured working clothes or other protective clothing. Staff engaged in working on or handling fresh poultrymeat 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 birds or infected poultrymeat shall immediately afterwards carefully wash their hands and arms with hot water and then disinfect them. Smoking is forbidden in workrooms and storerooms and in other areas and corridors through which fresh poultrymeat is transported;

( b ) no animal may enter the establishment except, in the case of slaughterhouses, animals for slaughter. Rodents, insects and other vermin shall be systematically destroyed;

( c ) equipment and instruments used for handling live poultry and working on fresh poultrymeat 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 re-used when they have been soiled;

( d ) crates for delivering poultry shall be made of non-corrodible material, be easy to clean and disinfect. They shall be cleaned and disinfected every time they are emptied.

This restriction shall not apply to transport equipment used on the premises referred to in paragraph 17 (a) of Chapter IV when the poultrymeat is packaged.

( b ) The spreading of sawdust or any other similar substance on the floor of the workroom and fresh poultrymeat storage rooms is prohibited.

When recruited, any person working on and handling fresh poultrymeat 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 an authorised officer.

The owner or person in charge of an establishment shall ensure that these medical certificates are available for inspection on request by an official veterinarian.

CHAPTER VI PRE-SLAUGHTER HEALTH INSPECTION

• (i) the poultry intended for slaughter is accompanied by the health attestation provided for in Annex IV of the Council Directive; or

• (ii) 72 hours before the arrival of the poultry at the slaughterhouse he was in possession of a document containing:

• (I) relevant up-to-date information regarding the flock of origin, in particular details taken from the holding's records referred to in paragraph 27 (a) covering the type of poultry to be slaughtered,

• (II) proof that the holding of origin is under the supervision of an official veterinarian.

The information shall be assessed by the official veterinarian prior to deciding what measures are to be taken with respect to fowl coming from the holding concerned, particularly the type of pre-slaughter inspection.

( b ) Where the conditions provided for in subparagraph (a) are not met, the official veterinarian of the slaughterhouse may either postpone slaughter or — where compliance with the welfare rules requires — authorise slaughter having first carried out the tests provided for under paragraph 27 (b), and shall have an authorised officer inspect the holding of origin of the fowl concerned with a view to obtaining this information. Any costs associated with the application of this paragraph shall be charged to the farmer.

( c ) However, in the case of farmers with an annual production of not more than 20,000 domestic fowl, 15,000 ducks, 10,000 turkeys, 10,000 geese or an equivalent quantity of the other species of fowl referred to in point 1 of the second paragraph of Article 2 of Annex B to the Council Directive, the pre-slaughter inspection referred to in paragraph 27 may be carried out at the slaughterhouse. In that case the farmer shall provide a declaration to the effect that his annual production does not exceed the said figures.

( d ) The farmer shall keep for a minimum of two years the records referred to in paragraph 27 (a) for submission to authorised officer on demand.

The official veterinarian shall carry out the pre-slaughter inspection in accordance with professional rules, in adequate lighting.

( a ) checking of the farmers' records, which shall include at least the following, depending on the type of poultry:

• (i) day of arrival of the birds,

• (ii) source of the birds,

• (iii) number of birds,

• (iv) actual performance of the particular breeds (e.g. weight gain),

• (v) mortality,

• (vi) suppliers of feedingstuffs,

• (vii) type, period of use and withdrawal periods of feed additives,

• (viii) consumption of feedingstuffs and water,

• (ix) examination and diagnosis of the attending veterinary surgeon, together with any laboratory results,

• (x) type of any medicinal product, with dates of administration and withdrawal, given to the birds,

• (xi) date and type of any vaccines given,

• (xii) weight gain during the fattening period,

• (xiii) results of any pervious official health inspections of birds from the same flock,

• (xiv) number of birds sent for slaughter,

• (xv) expected date of slaughter;

( b ) the additional examination needed to establish a diagnosis where the birds—

• (i) are suffering from a disease which can be transmitted to humans or to animals or are behaving, on an individual or collective basis, in such a way as to indicate that such a disease may occur;

• (ii) show disturbance of general behaviour or signs of sickness which may make the poultrymeat unfit for human consumption;

( c ) regular sampling of water and feed with a view to checking compliance with withdrawal periods;

( d ) the results of tests for zoonotic agents carried out in accordance with Council Directive 92/117/EEC^(6) of 17 December 1992.

^(6) O.J. No. L62 of 15.3.1993, p. 17.

Moreover, in the event of doubt concerning the identity of a consignment of poultry and where the poultry shall undergo pre-slaughter health inspection at the slaughterhouse in accordance with paragraph 25 (c), the official veterinarian shall examine each crate if the poultry show the symptoms referred to in paragraph 27 (b).

• (i) where the poultry has not left the holding of origin, a new health attestation shall be issued,

• (ii) or, after assessing the reasons for the delay, the official veterinarian of the slaughterhouse shall authorise slaughter if there is no health reason to prevent it, if need be following a further examination of the poultry.

( a ) ornithosis;

( b ) salmonellosis.

The official veterinarian may, at the request of the owner or person in charge of the poultry, authorise the slaughter at the end of the normal slaughter process provided precautions are taken by the owner or person in charge of the slaughterhouse to keep to a minimum the risk of spreading bacteria and to clean and disinfect the facilities after the slaughter, with the poultrymeat resulting from the slaughter being handled as if it were meat declared unfit for human consumption.

( a ) forbid slaughter where he has evidence that the poultrymeat from the animals concerned would be unfit for human consumption;

( b ) postpone slaughter where the withdrawal period for residues has not been respected;

( c ) ensure, with regard to clinically healthy poultry from a flock slaughter of which is obligatory under a programme for the control of infectious disease, that the poultry is slaughtered at the end of the day or under conditions such that any contamination of other poultry is avoided.

CHAPTER VII HYGIENE REQUIREMENTS FOR SLAUGHTER AND THE HANDLING OF FRESH POULTRYMEAT

Viscera or parts of viscera remaining in the carcass shall, with the exception of kidneys, be removed entirely if possible, under satisfactory hygiene conditions.

For carcases weighing:

• (i) not more than 2.5 kg, at least 1.5 litres of water shall be used per carcase,

• (ii) between 2.5 kg and 5 kg, at least 2.5 litres of water shall be used per carcase,

• (iii) 5 kg or more at least 3.5 litres of water shall be used per carcase.

( a ) the carcases shall pass through one or more tanks of water or ice and water, the contents of which are continuously renewed. Only the system whereby the carcases are constantly propelled by mechanical means through a counterflow of water is acceptable;

( b ) the temperature of the water in the tank or tanks measured at the points of entry and exit of the carcases shall not be more than + 16°C and + 4°C respectively;

( c ) it shall be carried out in such a way that the temperature specified in the first indent of paragraph 69 of Chapter XIII is reached in the shortest possible time;

( d ) the minimum flow of water throughout the whole chilling process referred to in subparagraph (a) shall be:

• (i) 2.5 litres per carcase weighing 2.5 kg or less,