S.I. No. 42/2004 - European Communities (Labelling and Marketing Standards For Poultrymeat) Regulations 2004

I, JOE WALSH, Minister for Agriculture and Food, 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 Regulation (EEC) No. 1906/90 of 26 June 1990¹ as amended by Council Regulation (EEC) No. 317/93 of 9 February 1993² , Council Regulation (EC) No. 3204/93 of 16 November 1993³ and Council Regulation (EC) No. 1101/98 of 25 May 1998⁴ and Commission Regulation (EEC) No. 1538/91 of 5 June 1991⁵ as amended by Commission Regulation (EEC) No. 2988/91 of 11 October 1991⁶ , Commission Regulation (EEC) No. 315/92 of 10 February 1992⁷ , Commission Regulation (EEC) No. 1980/92 of 16 July 1992⁸ Commission Regulation (EEC) No. 2891/93 of 21 October 1993⁹ , Commission Regulation (EC) No. 1026/94 of 2 May 1994¹⁰ , Commission Regulation (EC) No. 3239/94 of 21 December 1994¹¹ , Commission Regulation (EC) No. 2390/95 of 11 October 1995¹² , Commission Regulation (EC) No. 205/96 of 2 February 1996¹³ , Commission Regulation (EEC) No. 1000/96 of 4 June 1996¹⁴ , Commission Regulation (EC) No. 1072/2000 of 19 May 2000¹⁵ and Commission Regulation (EC) No. 1321/2002 of 22 July 2002¹⁶ hereby make the following regulations:

Citation

1.

Definitions

2.

“authorised officer” means a person who for the time being stands appointed under Regulation 8;

“Commission Regulation” means Commission Regulation (EEC) No. 1538/91 of 5 June 1991 as amended by Commission Regulation (EEC) No. 2988/91 of 11 October 1991, Commission Regulation (EEC) No. 315/92 of 10 February 1992, Commission Regulation (EEC) No. 1980/92 of 16 July 1992, Commission Regulation (EEC) No. 2891/93 of 21 October 1993, Commission Regulation (EC) No. 1026/94 of 2 May 1994, Commission Regulation (EC) No. 3239/94 of 21 December 1994, Commission Regulation (EC) No. 2390/95 of 11 October 1995, Commission Regulation (EC) No. 205/96 of 2 February 1996, Commission Regulation (EEC) No. 1000/96 of 4 June 1996, Commission Regulation (EC) No. 1072/2000 of 19 May 2000 and Commission Regulation (EC) No. 1321/2002 of 22 July 2002;

“Council Regulation” means Council Regulation (EEC) No. 1906/90 of 26 June 1990 as amended by Council Regulation (EEC) No. 317/93 of 9 February 1993, Council Regulation (EC) No. 3204/93 of 16 November 1993 and Council Regulation (EC) No. 1101/98 of 25 May 1998;

“EC Regulations” means the Commission Regulation and the Council Regulation;

“Minister” means Minister for Agriculture and Food.

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

• (3) In these Regulations a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it appears that reference to some other provision is intended.

Compliance with EC Regulations

3.

• (2) A person shall not market a product, other than poultrymeat to which the EC Regulations apply, unless it complies with Article 4 of the Commission Regulation.

• (3) The owner or person in charge of a slaughterhouse or cutting plant shall ensure that all measures necessary to comply with Articles 14a and 14b of the Commission Regulation concerning the water content of poultrymeat are in place in the slaughterhouse or cutting plant.

Labelling

4.

Use of special terms

5.

Registration of slaughterhouses and producers using special terms

6.

• (2) The Minister may, on application to him or her, register a producer for the purposes of use of the special terms set out in Article 10 of the Commission Regulation if the Minister is satisfied that the applicable requirements of the EC Regulations are met.

• (3) The Minister may specify the format of the applications referred to in paragraph (1) and (2) and, where the Minister does so, it shall be a requirement of this Regulation to furnish the application in the format so specified.

• (4) A person who applies for registration under this Regulation shall furnish the Minister with such information as the Minister may reasonably require for the purposes of his or her functions under these Regulations.

• (5) The owner or person in charge of a slaughterhouse, or a producer, registered under this Regulation shall keep the records relevant to him or her as set out in Article 11 of the Commission Regulation.

• (6) When the Minister registers a slaughterhouse or a producer under this Regulation the Minister shall allocate a registration number to it and shall notify the applicant of—

• (a) the registration and the registration number and

• (b) any terms and conditions attached to the registration and, if the Minister amends any terms or conditions of the registration, of the amendments.

Refusal to register or revocation of registrations

7.

• (a) a provision of these Regulations of the EC Regulations applicable to the slaughterhouse or producer has not been complied with, or

• (b) a term or condition referred to in paragraph (6) of Regulation 6 has not been complied with.

• (2) Where the Minister proposes to refuse to register a slaughterhouse or a producer or to revoke a registration, or to attach a term or condition to a registration or to amend such a term or condition the Minister shall—

• (a) notify in writing the owner or person in charge or applicant or producer concerned of the proposal and of the reasons therefor,

• (b) notify in writing that person that he or she or a person acting on his or her behalf may make representations to the Minister in relation to the proposal within 14 days of the receipt by him or her of the notification and

• (c) consider any such representations duly made before deciding whether or not to proceed with the proposal.

• (3) Where a registration is revoked the Minister may issue a notice in writing requiring the owner or person in charge or producer to cease to use the terms referred to in Article 10 of the Commission Regulation on any poultrymeat being marketed by him or her and the person concerned shall comply with that notice.

• (4) The Minister may restore a registration that has been revoked where the Minister is satisfied that—

• (a) the shortcomings notified by the Minister to the owner or person in charge or producer have been rectified and

• (b) the requirements of these Regulations and the EC Regulations are being complied with.

• (5) The Minister may decline to restore a registration that has been revoked where the Minister has reasonable grounds for believing that the requirements of these Regulations or the EC Regulations will not be complied with in the future.

Appointment and powers of authorised officers

8.

• (b) An officer appointed under section 47 of the Food Safety Authority Act 1998 (No. 29 of 1998) shall also be an authorised officer for the purposes of these Regulations.

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

• (3) An authorised officer may

• (a) at any time enter any slaughterhouse, cutting plant, wholesale or retail warehouse or shop or any premises, vehicle, wagon, vessel, aircraft or other place where he or she has reasonable grounds for believing that poultrymeat is being produced, cut, marketed or transported or, in the case of poultrymeat being imported from third countries, held at the time of customs clearance,

• (b) there or at any other place examine, test and inspect any poultrymeat found there,

• (c) inspect, take or take copies of or extracts from any books, documents or other records found there,

• (d) take, without payment of compensation, such samples of any poultrymeat as he or she may reasonably require for the purposes of his or her functions under these Regulations or the EC Regulations,

• (e) seize and detain anything found there which he or she reasonably believes to be evidence of an offence under these Regulations,

• (f) require any person there or the owner or person in charge of the poultrymeat and any person employed in connection therewith to give to him or her such information and to produce to him or her such books, certificates, documents or other records within the power of procurement of the person as the officer may reasonably require for the purposes of such functions.

• (4) An authorised officer may

• (a) at any time enter any premises, land or other place in respect of which a producer is registered under Regulation 5 or has made an application for such registration,

• (b) there carry out such inspections and tests as he or she may reasonably require for the purposes of his or her functions under these Regulations and the EC Regulations,

• (c) inspect, take or take copies of or extracts from any books, documents or other records found there and

• (d) require any person there or the owner or person in charge to give to him or her such information and to produce to him or her such books, certificates, documents or other records within the power of procurement of the person as the officer may reaonably require for the purposes of such functions.

• (5) A person shall not obstruct or otherwise interfere with an authorised officer in the performance of his or her functions or, in purported compliance with a requirement under paragraph (3)(f) or 4(d), give information to an authorised officer that he or she knows to be false or misleading in a material respect.

Issue of notice by authorised officers

9.

• (i) the poultrymeat not be marketed,

• (ii) the poultrymeat be re-labelled in accordance with the Council Regulation.

• (iii) such action be taken, in the manner if any specified in the notice, as is necessary to make the poultrymeat comply with the EC Regulations and that proof of such compliance be provided to the officer,

• (iv) the poultrymeat be destroyed in such manner and at such place as the officer shall direct,

• (v) the poultrymeat be used or disposed of in such manner as the officer shall direct, or

• (vi) the poultrymeat be marked in the manner specified in Articles 14a or 14b of the Commission Regulation.

• (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 person on whom it is served 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 or importer or person in charge for the time being of the poultrymeat by delivery of it by hand, or by sending it by prepaid registered post to, or by leaving it at, the last known place of abode or business of the owner, importer or person in charge, as the case may be.

• (6) The owner, importer or person in charge for the time being of the poultrymeat may appeal within 7 days of the seizure of such poultrymeat pursuant to paragraph (15) 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 where the person bringing the appeal ordinarily resides or carries on business on the grounds that the seizure or the notice or the terms thereof are not justified having regard to the provisions of these Regulations or the EC Regulations.

• (7) An appeal made pursuant to paragraph (6) may be heard at any sitting of the District Court within the appropriate District Court District.

• (8) Notice of an appeal made pursuant to paragraph (6) 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 served under paragraph (1).

• (9) 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.

• (10) A copy of the notice of appeal shall be lodged with the District Court Clerk in the manner specified in the notice served under paragraph (1) at least 48 hours prior to the hearing of the appeal.

• (11) The Minister shall, as well as the appellant, be entitled to be heard and to adduce evidence at the hearing of an appeal under this Regulation.

• (12) On the hearing of an appeal under this Regulation a Judge of the District Court may, at his or her discretion, confirm, modify or annul a notice served under paragraph (1).

• (13)
• (a) No person, including a person on whom a notice has been served under paragraph (1), shall deal with the 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 pursuant to paragraph (6), no person, including the person appealing, shall deal with the poultrymeat concerned pending the determination of the appeal other than in accordance with such directions as shall be given in writing by an authorised officer.

• (c) Where the terms of a notice referred to in paragraph (1) are confirmed, with or without modification by the Judge of the District Court hearing an appeal made under paragraph (6), no person shall deal with the poultrymeat concerned otherwise than in accordance with such notice as confirmed.

• (14) Any costs arising from compliance with a notice served under paragraph (1) shall be borne by the owner or importer or person in charge for the time being of the poultrymeat concerned.

• (15)
• (a) Where—

• (i) the requirements of a notice served under paragraph (1) have not been complied with within the time limit 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) pending the determination of an appeal made pursuant to paragraph (6) an authorised officer has grounds for believing that the provisions of paragraph (13) have not been or will not be complied with,

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

• (b) In relation to any seized poultrymeat 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 poultrymeat may be used or disposed of in such manner as the authorised officer shall direct.

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

• (16) The costs of disposal or destruction of the poultrymeat under this Regulation shall, subject to the provisions of paragraph (15) be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction from the person who was the owner of the poultrymeat at the time the disposal or destruction was carried out.

Fees

10.

• (2) A fee charged under this Regulation shall be paid by the owner or the person in charge of the slaughterhouse or production establishment to which the registration relates.

• (3) Fees under this Regulation shall be collected and taken in such manner as the Minister for Finance directs and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

• (4) A fee charged under this Regulation shall not exceed an amount equal to the costs, estimated by the Minister, incurred in the performance by authorised officers of functions under these Regulations and the E.C. Regulations in relation to the registered slaughterhouse or production establishment concerned.

• (5) The Minister may refuse to grant, or may revoke, a registration if the fee fixed under this Regulation is not paid.

• (6) The Public Offices Fees Act 1879 shall not apply in respect of fees under this Regulation.

Offences

11.

• (2) Any person who contravenes a provision of these Regulations is guilty of an offence.

• (3) Where an offence under these Regulations has been committed by a body corporate and is proved to be so committed with the consent or connivance of or be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

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

Penalties

12.

Revocation

13.

Savers

14.

• (2) Any registration granted under the European Communities (Marketing Standards for Poultrymeat) Regulations 2002 and in force immediately before the commencement of these Regulations continues in force after such commencement as if granted under these Regulations.

• (3) Any instruments or documents created under the European Communities (Marketing Standards for Poultrymeat) Regulations 2002 and in force on immediately before the commencement of these Regulations continue in force after such commencement as if created under these Regulations.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations require compliance with European Union legislation on the marketing standards for poultrymeat. These standards concern such matters as labelling, water content, quality grading, free range production etc. The Regulations also create penalties for non-compliance and provide for the authorisation of officers to conduct inspections.

Footnotes