LegalizeS.I. No. 3/1996 - European Communities (Fresh Poultrymeat) Regulations, 1996
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
7 amending acts · 2010-03-26, S.I. No. 117/2010 - European Communities (Official Control of Foodstuffs) Regulations 2010
- (ii) 4 litres per carcase weighing between 2.5 kg and 5 kg,
- (iii) 6 litres per carcase weighing 5 kg or more.
If there are several tanks, the inflow of fresh water and the outflow of used water in each tank shall be regulated in such a way as to progressively decrease in the direction of movement of the carcases, the fresh water being divided between the tanks in such a way that the flow of water through the last tank is not less than:
- (I) 1 litre per carcase weighing 2.5 kg or less,
- (II) 1.5 litres per carcase weighing between 2.5 kg and 5 kg,
- (III) 2 litres per carcase weighing 5 kg or more.
The water used for first filling the tanks shall not be included in the calculation of these quantities;
( e ) the carcases shall not remain in the first part of the apparatus or the first tank for more than half an hour or in the rest of the apparatus or the other tank(s) for longer than is strictly necessary.
All necessary precautions shall be taken to ensure that, in the event of interruptions of the process, the transit time laid down in the first subparagraph is complied with.
Whenever the equipment stops, the official veterinarian shall satisfy himself prior to the re-setting in motion that the carcases still meet the requirements of these Regulations and the Council Directive and are fit for human consumption or, if such is not the case, ensure that they are transported as soon as possible to the premises provided for in paragraph 4 (d) of Chapter I;
( f ) each piece of equipment shall be entirely emptied, cleaned and disinfected whenever this is necessary at the end of the period of work and at least once a day;
( g ) calibrated control equipment shall permit adequate and continued supervision of the measuring and recording of:
- (i) the water consumption during spray-washing before immersion,
- (ii) the temperature of the water in the tank or tanks at the points of entry and exit of the carcases,
- (iii) the water consumption during the immersion,
- (iv) the number of carcases in each of the weight-ranges listed in subparagraph (d) and in paragraph 42;
( h ) the results of the various checks carried out by the producer shall be kept for at least one year and be submitted on request by the official veterinarian.
Until the inspection has been completed, it shall not be possible for carcases and offal not inspected to come into contact with carcases and offal already inspected, and the removal, cutting or further treatment of the carcase is forbidden.
It shall not be possible for poultrymeat detained or declared unfit for human consumption or 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 poultrymeat.
The drawing and trussing, handling, further treatment and transport of poultrymeat, including offal, shall be performed meeting all hygiene requirements. Where such poultrymeat is packaged, the conditions laid down in paragraph 14 (d) of Chapter II and in Chapter XIV shall be complied with. Packaged or wrapped poultrymeat shall be stored in a separate room from exposed fresh poultrymeat.
CHAPTER VIII POST MORTEM HEALTH INSPECTION
The poultry shall be inspected immediately after slaughter under suitable lighting.
As part of this inspection:
( a ) the following parts
- (i) the surface of the bird's body, excluding head and feet save where these are intended for human consumption,
- (ii) the viscera, and
- (iii) the body cavities,
shall be subjected to visual inspection and, where necessary, palpation and incision;
( b ) attention shall also be paid to:
- (i) anomalies of consistency, colour and smell, in the carcases;
- (ii) major anomalies resulting from slaughtering operations;
- (iii) proper functioning of the slaughter equipment.
The official veterinarian shall in any event:
- (I) subject to a detailed inspection a random sample of the birds rejected in the post mortem health inspection, the poultrymeat of which was declared unfit for human consumption in accordance with paragraph 53 of Chapter IX;
- (II) examine a random sample of 300 birds taken from the entire consignment which has undergone the post mortem inspection, for an inspection of the viscera and the body cavities;
- (III) carry out a special post mortem inspection of the poultrymeat if there are other indications that the meat from the poultry could be unfit for human consumption.
The owner or person in charge of the poultry shall co-operate to the extent required in carrying out the post mortem inspection. He shall make the poultry and poultrymeat available in a condition suitable for inspection. He shall provide adequate additional assistance at the request of the official veterinarian. If the owner or person in charge of the poultry does not fulfil his co-operation obligations, the inspection shall be suspended until he co-operates to the extent required for the inspection.
In the case of partly eviscerated poultry ('effile') whose intestines were removed immediately, the viscera and the body cavities of at least 5 per cent of the slaughtered poultry from each consignment shall be inspected after evisceration. If during such inspection anomalies are discovered in a number of birds, then all the birds in the consignment shall be inspected in accordance with paragraph 47.
In the case of New York dressed or delayed evisceration poultry and the fresh poultrymeat derived therefrom;
( a ) the post mortem health inspection in accordance with paragraph 47 shall take place at the latest 15 days after slaughter, during which period it shall be stored at a temperature not exceeding +4°C;
( b ) at the end of this period at the latest, it shall be eviscerated in the slaughterhouse where the slaughtering was performed or in another approved cutting plant fulfilling the additional requirements under (ii) in the second indent of paragraph 15 (b) of Chapter II and in this last case, be accompanied by the health attestation shown in Annex V of the Council Directive;
( c ) the poultrymeat shall not bear the health mark referred to in Chapter XII before the evisceration referred to in subparagraph (b) has been performed.
The taking of samples to examine for residues shall be carried out by spot checks and in any case in the event where the official veterinarian considers it to be justifiable. In the case of examination for residues by sampling, examination shall be carried out for the residues to in Group A III and Group B I (a) and (c) and II (a) of Annex I to Directive 86/469/EEC^(7) as amended by Decision 89/187/EEC^(8).
^(7)O.J. No. L275 of 26.9.1986, p. 36.
^(8)O.J. No. L66 of 10.3.1989, p. 37.
The obligation to examine for residues of substances with pharmacological action referred to in the second subparagraph of Article 4 (1) of Annex B to the Council Directive shall not apply to poultry from holdings under official veterinary control where examinations for those residues is carried out on the holdings of origin.
Where a disease is suspected on the basis of the pre-slaughter or post mortem inspection, the official veterinarian may ask for the requisite laboratory tests to be carried out if he considers them necessary to substantiate his diagnosis or to detect substances with pharmacological action likely to be present given the pathological condition observed.
In the event of doubt, the official veterinarian may perform the further cuts and inspections of the relevant parts of the poultry necessary in order to reach a definitive diagnosis.
Where the official veterinarian finds that the hygiene rules laid down in these Regulations and the Council Directive 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.
The results of the pre-slaughter and post mortem inspections shall be recorded by the official veterinarian and, where transmissible diseases are diagnosed, communicated to the owner or person in charge of the holding of origin, who shall take account of and keep such information and submit it to the official veterinarian carrying out the ante mortem inspection during the subsequent production period.
CHAPTER IX DECISION OF THE OFFICIAL VETERINARIAN AT THE POST MORTEM INSPECTION
( a ) Poultrymeat shall be declared totally unfit for human consumption where the post mortem inspection reveals any of the following:
- (i) generalised infectious disease and chronic localisation in organs of pathogenic micro-organisms transmissible to humans,
- (ii) systematic mycosis and local lesions in organs suspected of having been caused by pathogenic agents transmissible to humans or their toxins,
- (iii) extensive subcutaneous or muscular parasitism and systematic parasitism,
- (iv) poisoning,
- (v) cachexia,
- (vi) abnormal smell, colour or taste,
- (vii) malignant or multiple tumours,
- (viii) general soiling or contamination,
- (ix) major lesions and ecchymosis,
- (x) extensive mechanical lesions, including those due to extensive scalding,
- (xi) insufficient bleeding,
- (xii) residues of substances exceeding the authorised standards or residues of prohibited substances,
- (xiii) ascites.
( b ) Parts of a slaughtered animal which show localised lesions or contaminations not affecting the health of the rest of the poultrymeat shall be declared unfit for human consumption.
The head separated from the carcase with the exception of the tongue, comb, wattles and caruncles and the following viscera, are excluded from use for human consumption: trachea, lungs separated from the carcass in accordance with paragraph 37 of Chapter VII, oesophagus, crop, intestine and gall bladder.
CHAPTER X PROVISIONS CONCERNING POULTRYMEAT INTENDED FOR CUTTING
The carcase shall be cut up in parts and boned only in approved cutting rooms.
The owner or person in charge 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 official veterinarian responsible for supervision of the source of the poultrymeat brought into his cutting plant and the origin of the animals slaughtered.
Without prejudice to paragraph 19 of Chapter V, poultrymeat which does not fulfil the requirements of Regulation 7 (2) 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 poultrymeat which does fulfil those requirements. The official veterinarian 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,
Fresh poultrymeat intended for cutting shall as soon as it is brought in be placed in the cutting room and, until it is cut up, in the room provided for in paragraph 15 (a) of Chapter III.
However, notwithstanding paragraph 41 of Chapter VII, poultrymeat may be transported directly from the slaughter room to the cutting room.
In such cases the slaughter room and the cutting room shall be sufficiently near to each other and located in the same group of buildings, since the poultrymeat to be cut shall be transferred in one operation from one room to the other by means of an extension of the mechanical handling system from the slaughter room, and cutting shall be carried out immediately. As soon as the prescribed cutting and packaging are completed, the poultrymeat shall be transported to the chilling room provided for in paragraph 15 (a) of Chapter III.
Poultry meat shall be brought into the rooms referred to in paragraph 15 (b) of Chapter III as required. As soon as cutting and, where appropriate, packaging are completed, the poultrymeat shall be transported to the chilling room provided for in paragraph 15 (a) of Chapter III.
Except in the case of poultrymeat cut while warm, cutting may only take place if the poultrymeat has reached a temperature not exceeding + 4°C.
Cleaning of fresh poultrymeat by wiping with a cloth is prohibited.
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. Poultrymeat obtained from cutting and not intended for human consumption shall be collected in the containers or rooms referred to in paragraph 4 (d) of Chapter I as it is cut.
CHAPTER XI HEALTH CONTROL OF CUT POULTRYMEAT AND STORED POULTRYMEAT
Approved cutting plants, approved rewrapping centres and approved cold stores are to be supervised in accordance with Article 8 of Annex B to the Council Directive.
The supervision provided for in paragraph 63 may include the following tasks:
- (i) supervision of the entry and exit of fresh poultrymeat,
- (ii) health inspection of fresh poultrymeat held in the establishment,
- (iii) supervision of the cleanliness of the premises, facilities and instruments provided for in Chapter V, and of staff hygiene, including their clothing,
- (iv) any other supervision which the official veterinarian considers necessary for ensuring compliance with these Regulations and the Council Directive.
CHAPTER XII HEALTH MARKING
Health marking shall be carried out under the responsibility of the official veterinarian. For this purpose, he shall supervise:
( a ) the health marking of poultrymeat;
( b ) the labels and wrapping material when marked as provided for in this Chapter.
The EEC health mark shall include:
( a ) for fresh poultrymeat wrapped in individual units for small packages,
- (i) on the upper part, the initials "IRL" in capitals;
- (ii) in the centre, the veterinary approval number of the establishment;
- (iii) on the lower part, the initials "EEC".
The letters and figures shall be 0.2 centimetres high;
( b ) for large packages, an oval mark at least 6.5 cm wide by 4.5 cm high, including the information listed under subparagraph (a).
The letters shall be at least 0.8 cm high and the figures at least 1 cm high. The material used for marking shall meet all hygiene requirements and the information referred to in subparagraph (a) shall appear on it in perfectly legible form.
( a ) The health marking referred to in paragraph 66 (a) shall be made;
- (i) on or visibly beneath wrappers or other packaging of individually packaged carcases,
- (ii) on non-individually wrapped carcases by apposition of a seal or label, which may be used only once,
- (iii) on or visibly beneath wrappers or other packaging of parts of carcases or offal wrapped in small quantities.
( b ) The health marking referred to in paragraph 66 (b) shall be made on large packages containing carcases, parts of carcases or offal marked in accordance with subparagraph (a).
( c ) Where a health marking appears on the wrapper or packaging:
- (i) it shall be applied in such a way that it is destroyed when the wrapper or packaging is opened, or
- (ii) the wrapper or packaging shall be sealed in such a way that it cannot be re-used after opening.
The health marking of carcases, parts of carcases or offal as provided for in paragraph 67 (a) shall not be necessary in the following cases:
Consignments of carcases, including those which have had parts removed pursuant to paragraph 53 (b) of Chapter IX, shall be dispatched from an approved slaughterhouse to approved cutting premises for cutting therein subject to the following conditions:
( a ) the large packaging containing the fresh poultrymeat should bear, on the external surface, the health mark in accordance with paragraph 67 (a) (iii) and with paragraph 67 (c);
( b ) the dispatch office shall maintain a record of the amount, type and destination of consignments dispatched in accordance with these Regulations and the Council Directive;
( c ) the recipient cutting premises shall maintain a record of the amount, type and origin of consignments received in accordance with these Regulations and the Council Directive;
( d ) the health mark on the large packaging shall be destroyed when the large packaging is opened in the cutting premises under the supervision of the official veterinarian;
( e ) the destination and intended use of the consignment shall be clearly indicated on the external surface of the large packaging in accordance with this paragraph and with Annex VII of the Council Directive.
Consignments of carcases, including those which have had parts removed pursuant to paragraph 53 (b) of Chapter IX, parts of carcases and the following offal: hearts, livers and gizzards, shall be dispatched from an approved slaughterhouse, cutting premises or rewrapping centre to a meat and meat product establishment for treatment subject to the following conditions:
( a ) the large packaging containing the fresh poultrymeat shall bear, on the external surface, the health mark in accordance with paragraph 67 (a) (iii) and with paragraph 67 (c);
( b ) the dispatch office shall maintain a record of the amount, type and destination of consignments dispatched in accordance with these Regulations and the Council Directive;
( c ) the recipient meat and meat product establishment shall maintain a record of the amount, type and origin of consignments received in accordance with these Regulations and the Council Directive;
( d ) when the fresh poultrymeat is intended for use in meat products for intra-Community trade, the health mark of the large packaging shall be destroyed when the large packaging is opened in an approved establishment;
( e ) the destination and intended use of the consignment shall be clearly indicated on the external surface of the large packaging in accordance with this paragraph and with Annex VII of the Council Directive.
Consignments of carcases, including those which have had parts removed pursuant to paragraph 53 (b) of Chapter IX shall be dispatched from an approved slaughterhouse, rewrapping centre or cutting premises to restaurants, canteens and institutions for direct supply to the final user after heat treatment, subject to the following conditions:
( a ) the packaging containing the fresh poultrymeat shall bear, on the external surface, the health mark in accordance with paragraph 67 (a) (iii) and with paragraph 67 (c);
( b ) the dispatch office shall maintain a record of the amount, type and destination of consignments dispatched in accordance with these Regulations and the Council Directive;
( c ) the recipient outlet shall maintain a record of the amount, type and origin of consignments received in accordance with these Regulations and the Council Directive;
( d ) only outlets subject to the control of officials of the Minister for Health may be used and such officials shall be given access to the records kept;
( e ) the destination and intended use of the consignment shall be clearly indicated on the external surface of the large packaging in accordance with this paragraph and with Annex VII of the Council Directive.
CHAPTER XIII STORAGE
After the chilling provided for in paragraph 41 of Chapter VII, fresh poultrymeat shall be kept at a temperature which may not at any time exceed + 4°C.
Frozen poultrymeat shall be kept at a temperature which may not at any time exceed - 12°C.
Packaged fresh poultrymeat shall not be stored in the same room as unpackaged fresh meat.
CHAPTER XIV WRAPPING AND PACKAGING OF FRESH POULTRYMEAT
( 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 poultrymeat substances harmful to human health;
- (iii) shall be strong enough to ensure effective protection of the poultrymeat during transportation and handling;
( b ) packaging shall not be re-used for poultrymeat unless it is made of corrosion-resistant materials which are easy to clean and has been previously cleaned and disinfected.
Where cut fresh poultrymeat or offal is wrapped, this operation shall be carried out immediately after cutting and in accordance with hygiene requirements.
Wrapping shall be transparent and colourless or, at least in the case of coloured transparent wrapping, designed in such a way as to leave the wrapped poultrymeat or offal partially visible. It shall also fulfil the conditions of the paragraph 70 (a) (i) and 70 (a) (ii); it may not be used again in wrapping meat.
Parts of poultry or offal separated from the carcase shall always be wrapped in a firmly sealed protective covering satisfying these criteria.
Wrapped poultrymeat shall be packaged.
However, when wrapping fulfils all the protective conditions of packaging it need not be transparent and colourless and placing in a second container is not necessary provided that the other conditions of paragraph 70 are fulfilled.
Cutting, boning, wrapping and packaging operations may take place in the same room if the packaging is re-usable as described in paragraph 70 (b) or 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 contminate fresh poultrymeat. 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 poultrymeat;
( f ) immediately after packaging the poultrymeat shall be placed in the storage room provided.
The packaging referred to in this Chapter may contain only cut fresh poultrymeat.
CHAPTER XV TRANSPORT
Fresh poultrymeat 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 poultrymeat 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 XIII are maintained throughout transportation.
Means of transport intended for transporting such poultrymeat shall meet the following requirements:
( a ) their inside surfaces shall be smooth and easy to clean and disinfect;
( b ) they shall be provided with efficient devices for protecting the poultrymeat against insects and dust and be watertight.
Means of transport intended for transporting poultrymeat may in no case be used for transporting live animals or any products likely to affect or contaminate poultrymeat.
No other product likely to affect the hygiene of the poultrymeat or to contaminate it may be transported at the same time as the poultrymeat in the same means of transport. Packaged poultrymeat 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 poultrymeat.
Fresh poultrymeat may not be transported in a vehicle or container which is not clean and has not been disinfected or which is used for the transport of livestock including live poultry or any other animal or bird or any other thing which may interfere with the hygiene requirements laid down for poultrymeat in these Regulations.
The owner or person in charge of the plant shall ensure that transport vehicles and loading conditions are such as to enable the hygiene requirements of this Chapter to be met. An official veterinarian or authorised officer or an auxiliary shall check that this provision is complied with.
GIVEN under my Official Seal, this 3rd day of January, 1996.
IVAN YATES,
Minister for Agriculture, Food and Forestry.
EXPLANATORY NOTE.
The purpose of these Regulations is to implement Council Directive No. 71/118/EEC as amended and updated by Council Directive No. 92/116/EEC of 17 December, 1992.
These Regulations lay down the health rules for the production and placing on the market of fresh poultrymeat 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 poultrymeat produced in approved establishments and the veterinary supervision of such establishments.
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