The Beef and Pig Carcase Classification (Scotland) Regulations 2010

Made: 14th September 2010

Laid before the Scottish Parliament: 17th September 2010

Coming into force

The Scottish Ministers, make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and all other powers enabling them to do so.

The Regulations make provision for a purpose mentioned in that section and it appears to the Scottish Ministers that it is expedient for references to the following Regulations to be construed as references to those Regulations as amended from time to time—Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) ; andCommission Regulation (EC) No. 1249/2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof .

The Regulations make provision for a purpose mentioned in that section and it appears to the Scottish Ministers that it is expedient for references to the following Regulations to be construed as references to those Regulations as amended from time to time—

Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) ; and

Commission Regulation (EC) No. 1249/2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof .

PART 1 — GENERAL PROVISIONS

Citation, commencement and extent

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• (1) These Regulations may be cited as the Beef and Pig Carcase Classification (Scotland) Regulations 2010.

• (2) These Regulations come into force on 9th October 2010.

• (3) These Regulations extend to Scotland only.

Interpretation

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• (1) In these Regulations—

• “the 1994 Regulations” means the Pig Carcase (Grading) Regulations 1994 ;

• “the 2004 Regulations” means the Beef Carcase (Classification) (Scotland) Regulations 2004 ;

• “adult bovine animal” means a bovine animal aged eight months or more;

• “approved slaughterhouse” means an establishment used for slaughtering and dressing adult bovine animals or pigs, the meat of which is intended for human consumption, and which—is approved or conditionally approved under Article 31(2) of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules ; or(although lacking the approval or conditional approval that it requires under Article 4(3) of Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin ) was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;

• “authorised officer” means a person authorised by the Scottish Ministers for the purposes of these Regulations, but does not include a person appointed for the purpose of carrying out a review under regulation 10;

• “bovine carcase” means a carcase or half-carcase of a slaughtered adult bovine animal bearing a health mark as defined in Article 3(51) of the Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products; and in this definition, “carcase” means the whole body as presented after bleeding, evisceration and skinning, and “half-carcase” means the product obtained by separating such a carcase symmetrically through the middle of each cervical, dorsal, lumbar and sacral vertebra and through the middle of the sternum and the ischiopubic symphysis;

• “classification” except as otherwise indicated in regulation 5, means—the classification of bovine carcases in accordance with the assimilated beef provisions; orthe classification of pig carcases in accordance with the assimilated pig provisions,as the case may be, and cognate terms are to be construed accordingly;

• “clean pig” means a pig which has not been used for breeding;

• “Commission Delegated Regulation” means Commission Delegated Regulation (EU) 2017/1182 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig, and sheep carcasses and as regards the reporting of market prices of certain categories of carcasses and live animals, as amended from time to time;

• “Commission Implementing Regulation” means Commission Implementing Regulation (EU) 2017/1184 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcasses and as regards the reporting of market prices of certain categories of carcasses and live animals, as amended from time to time;

• “Council Regulation” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, as amended from time totime;

• “operator” means a person carrying on the business of an approved slaughterhouse;

• “pig carcase” means the body of a slaughtered clean pig, bled and eviscerated, whole or divided down the mid-line; ...

• “prescribed communication” means a communication of the results of classification as required by Article 1(1) of the Commission Implementing Regulation (communication of classification results); and

• “qualified personnel” means persons who are using a grading technique provided for in Article 11 of the Commission Delegated Regulation and who are proficient in the use of that grading technique.

• “assimilated beef provision” means a provision which is specified in column 1 of Schedule 1, the subject matter of which is described in column 2 of that Schedule;

• “assimilated pig provision” means a provision which is specified in column 1 of Schedule 2, the subject matter of which is described in column 2 of that Schedule;

• (2) Other terms used in these Regulations that are also used in the Commission Delegated Regulation, the Commission Implementing Regulation or the Council Regulation have the meaning they bear in those Regulations.

Notices

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• (1) Any notice required or authorised under these Regulations to be given to any person must be in writing.

• (2) Any such notice may be given by—

• (a) delivering it to the person;

• (b) by leaving it at the person's proper address; or

• (c) sending it by post to the person at the person's proper address.

• (3) Where any such notice is to be given to a body corporate, it may be given to a relevant individual.

• (4) For the purposes of this regulation and section 7 of the Interpretation Act 1978 (references to service by post) in its application to this regulation, the proper address of any person to whom a notice is to be given is the person's last known address, except in the case of a body corporate or relevant individual, where the proper address is the address of the registered or principal office of the body, or in the case of the Scottish Ministers where the proper address is such address as they may specify for these purposes.

• (5) In paragraphs (3) and (4) “relevant individual” means—

• (a) in relation to a body corporate—

• (i) a director, manager, secretary, or other similar officer of the body;

• (ii) where the affairs of the body are managed by its members, the members;

• (b) in relation to a Scottish partnership, a partner;

• (c) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

PART 2 — NOTIFICATIONS BY OPERATORS

Notifications by operators

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• (1) Every person who on the date on which these Regulations come into force is, or who on a subsequent date becomes, an operator, must within 28 days of that date give notice to the Scottish Ministers of the particulars specified in paragraph (3).

• (2) A person who has given notice under—

• (a) regulation 4(1) or (2) of the 1994 Regulations; or

• (b) regulation 4(1) of the 2004 Regulations,

is deemed to have given notice under paragraph (1).

• (3) The particulars referred to in paragraph (1) are—

• (a) the full name and address of the operator;

• (b) where the operator is a partnership, the full names and addresses of all the partners;

• (c) where the operator is a body corporate, the full name, registered office address and registration number of the body; and

• (d) the address, telephone number and approval number of the slaughterhouse.

• (4) Where any change occurs in any of the particulars specified in paragraph (3), the operator must within 28 days of the change give notice to the Scottish Ministers of particulars of the change.

• (5) Where an operator (“O”) ceases to be the operator of an approved slaughterhouse, O must within 10 days of such cessation give notice to the Scottish Ministers of—

• (a) the date of such cessation; and

• (b) the person (if any) succeeding O as operator of that slaughterhouse.

• (6) Where an approved slaughterhouse ceases to be such a slaughterhouse its operator must within 10 days of such cessation give notice to the Scottish Ministers of the date of such cessation.

PART 3 — BOVINE CARCASES

Application of these Regulations to small-scale bovine operators

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• (1) These Regulations do not apply to a small-scale bovine operator if that operator does not classify bovine carcases.

• (2) But if a small-scale bovine operator chooses to classify bovine carcases, these Regulations apply in relation to that operator and the classification of those carcases.

• (3) In paragraphs (1) and (2), “classify” means classify in accordance with the assimilated beef provisions or otherwise than in accordance with those provisions, and “classification” is to be construed accordingly.

• (4) In this regulation, “small-scale bovine operator” means an operator of an approved slaughterhouse at which less than 150 adult bovine animals per week as an annual average are slaughtered.

• (5) Nothing in this regulation prevents the application of these Regulations to an operator in relation to pig carcases if pigs are also slaughtered in that operator's slaughterhouse.

Competent authority etc.: bovine carcases

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• (1) The Scottish Ministers are the competent authority, in relation to adult bovine animals, for the purposes of—

• (za) Article 4(1) of the Commission Implementing Regulation (reports);

• (a) Article 10 of the Commission Delegated Regulation (authorisation of automated grading methods for beef carcases);

• (b) Article 12(2)(b) of the Commission Delegated Regulation (additional provisions on classification by automated grading techniques);

• (c) Article 14 of the Commission Implementing Regulation and Article 14 of the Commission Delegated Regulation (calculation and reporting of market prices); and

• (d) Article 17(2) of the Commission Delegated Regulation (notification of supplementary payments).

• (2) The Scottish Ministers are responsible for on-the-spot checks, in relation to adult bovine animals, as described in Articles 2 and 3 of the Commission Implementing Regulation.

Labelling instead of marking

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Bovine carcases need not be marked in accordance with Article 8(1), (2)(a), (3)(a), (4) and (5) of the Commission Delegated Regulation if all such carcases are cut, as a continuous operation, in a cutting plant approved in accordance with Regulation (EC) No 853/2004 of the European Parliament and of the Council, and attached to the slaughterhouse where the classification is carried out.

Licence to carry out classification

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• (1) The Scottish Ministers must grant a licence to carry out classification of bovine carcases to any person who applies for such a licence and who appears to the Scottish Ministers to be qualified to carry out classification, but the Scottish Ministers may refuse to grant such a licence if the Scottish Ministers are satisfied that the applicant is not a fit and proper person to carry out the classification of bovine carcases.

• (2) Where the Scottish Ministers grant a licence under paragraph (1), the Scottish Ministers may impose such conditions as they consider appropriate.

• (3) The Scottish Ministers may—

• (a) vary a licence or any condition of a licence;

• (b) revoke a licence in the circumstances mentioned in Article 4(2) of the Commission Implementing Regulation (revoking of licences and approvals);

• (c) suspend or revoke a licence if the person has contravened any of the terms or conditions of that licence; or

• (d) suspend or revoke a licence if the Scottish Ministers are satisfied that the person holding that licence is no longer a fit and proper person to carry out the classification.

• (4) Where the Scottish Ministers take any decision in relation to a licence under this regulation in respect of which there is a right to apply for a review under regulation 10, the Scottish Ministers must inform the person concerned of—

• (a) the right to apply for a review; and

• (b) the manner in which, and the time limits within which, such an application may be made.

Licence for automated grading

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• (1) The Scottish Ministers may grant to the operator of an approved slaughterhouse a licence authorising the use of automated grading methods for classification of bovine carcases at that slaughterhouse.

• (2) Where the Scottish Ministers grant a licence under paragraph (1), the Scottish Ministers may impose such conditions as they consider appropriate.

• (3) The Scottish Ministers may—

• (a) vary a licence or any condition of a licence;

• (b) revoke a licence in the circumstances mentioned in Article 4(2) of the Commission Implementing Regulation (revoking of licences and approvals);

• (c) suspend or revoke a licence if the person has contravened any of the terms or conditions of that licence; or

• (d) suspend or revoke a licence if the Scottish Ministers consider that the automated grading method no longer meets the standards required by , in relation to bovine carcases, Article 10 of, and Annex IV to, the Commission Delegated Regulation (authorisation of automated grading methods for beef carcases), whether for reasons connected with the automated grading method itself or with the operator's manner of use of the automated grading method.

• (4) Where the Scottish Ministers take any decision in relation to a licence under this regulation in respect of which there is a right to apply for a review under regulation 10, the Scottish Ministers must inform the person concerned of—

• (a) the right of appeal; and

• (b) the manner in which, and the time limits within which, such an application may be made.

Review of a decision by the Scottish Ministers

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• (1) A licence holder or applicant may apply in writing to the Scottish Ministers for a review of a decision.

• (2) An application for review—

• (a) must be made within 21 days after the date that notice of a decision is received by the licence holder or applicant; and

• (b) may include any written explanation that the licence holder or applicant considers appropriate.

• (3) A decision which is the subject of an application for review shall, unless the Scottish Ministers direct otherwise in writing, have effect until the date of determination of that application.

• (4) The application for review shall be determined by the Scottish Ministers in accordance with paragraphs (5) to (10).

• (5) The Scottish Ministers shall appoint a person to carry out the functions in paragraph (8) (“the appointed person”).

• (6) The Scottish Ministers shall inform the licence holder or applicant in writing—

• (a) of the name and address of the appointed person;

• (b) of the role of that person; and

• (c) that the licence holder or applicant may give a written explanation (or further explanation) to that person.

• (7) Any written explanation referred to in paragraph (6) shall be given to the appointed person within 14 days after the date of intimation to the licence holder or applicant under that paragraph.

• (8) The appointed person shall—

• (a) examine the merits of the decision;

• (b) consider any written explanation given by the licence holder or applicant;

• (c) report to the Scottish Ministers following that examination; and

• (d) include in that report such recommendation (if any) for determination of the application as the appointed person shall think fit.