The Poultrymeat (England) Regulations 2011

Made: 16th February 2011

Laid before Parliament: 23rd February 2011

Coming into force: 21st March 2011

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for references in these Regulations to the following Regulations to be construed as references to those Regulations as amended from time to time—Part B of Annex XIV to 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 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for references in these Regulations to the following Regulations to be construed as references to those Regulations as amended from time to time—

Part B of Annex XIV to 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 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat.

Insofar as these Regulations are made in exercise of powers under the Food Safety Act 1990 , the Secretary of State has had regard to relevant advice given by the Food Standards Agency as required by section 48(4A) of the Food Safety Act 1990.

There has been open and transparent public consultation during the preparation of the following Regulations as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

The Secretary of State, in whom the powers conferred by sections 6(4), 16(1), 17, 26(2) and (3), 45(1) and 48(1) of the Food Safety Act 1990 are now vested , makes these Regulations in exercise of those powers and the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

Title, commencement and application

1

• (1) These Regulations may be cited as the Poultrymeat (England) Regulations 2011 and come into force on 21st March 2011.

• (2) These Regulations apply in England only.

• (3) These Regulations apply to poultrymeat described in point 1 of Part V of Annex VII to Regulation (EU) 2013, excluding poultrymeat described in point I(2) of Part B of Annex XIV to the Single CMO Regulation.

• (4) These Regulations do not apply to the direct supply of small quantities of poultrymeat by a producer with an annual production of under 10,000 birds where the meat—

• (a) comes from poultry slaughtered on the producer's farm; and

• (b) is supplied to—

• (i) the final consumer; or

• (ii) a local retail establishment directly supplying such meat to the final consumer as fresh meat.

Interpretation

2

• (1) In these Regulations—

• “the Agency” means the Food Standards Agency;

• “authorised officer” means any person who has written authority from an enforcement authority to act in matters arising under these Regulations;

• “Commission Regulation” means Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat, as amended from time to time;

• “contravene” includes fail to comply, and “contravention” is to be construed accordingly;

• “enforcement authority” means an authority exercising a function conferred on it by regulation 9;

• “European poultrymeat provision” means a provision of the Single CMO Regulation or Regulation (EU) 2013 or the Commission Regulation specified in column 1 of Part 1 or 2 of Schedule 1, as read with any provision mentioned in the corresponding entry in column 2 of Part 1 or 2 of that Schedule;

• “officer”—in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body; andin relation to an unincorporated body, means any member of its governing body or a chief executive, manager or other similar officer of the body;

• “poultrymeat” has the meaning given by point II(1) of Part V of Annex VII to Regulation (EU) 2013;

• “premises” means any place, including those requiring inspection under Article 12(5)(a) to (d) of the Commission Regulation, and any vehicle, trailer, stall or moveable structure;

• “Regulation (EU) 2013” means “Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products, as amended from time to time; ...

• “Single CMO Regulation” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provision for certain agricultural products (Single CMO Regulation).

• “third country” means any country or territory other than— the United Kingdom,the Bailiwick of Guernsey,the Bailiwick of Jersey, orthe Isle of Man.

• (2) In these Regulations, any reference to Part B of Annex XIV to the Single CMO Regulation is a reference to Part B of Annex XIV to the Single CMO Regulation as amended from time to time.

• (3) Other expressions used in these Regulations and in the Single CMO Regulation or Regulation (EU) 2013 or the Commission Regulation have the same meaning in these Regulations as in the European Regulation in which they are used.

Offences

3

A person is guilty of an offence if that person contravenes a provision of the Commission Regulation referred to in column 1 of Schedule 2, as read with any provision mentioned in the corresponding entry in column 2 of that Schedule.

Temperature requirement for fresh poultrymeat

4

• (1) Poultrymeat that is cut and handled in premises of the type mentioned in paragraph (2) and is marketed on those premises as fresh poultrymeat must be kept on those premises at a temperature not below – 2ºC and not higher than 8ºC .

• (2) The type of premises are—

• (a) retail shops; and

• (b) premises adjacent to sales points,

where the cutting and handling are performed solely for the purpose of supplying the consumer directly on the spot.

Registration as required by Article 12 of the Commission Regulation

5

• (1) The Secretary of State is designated as the competent authority for the purpose of registration of slaughterhouses and producers as required by Article 12 of the Commission Regulation.

• (2) Any person who wishes to operate as—

• (a) a slaughterhouse; or

• (b) a producer,

authorised to use the terms specified in Article 11 of the Commission Regulation may make an application in writing to the Secretary of State.

• (3) Where the Secretary of State receives an application for registration the Secretary of State must notify the applicant in writing of the matters specified in paragraph (4) without unreasonable delay.

• (4) The specified matters are—

• (a) the Secretary of State's decision on the application;

• (b) the reasons for any refusal of registration; and

• (c) the right of appeal conferred by regulation 6 in the case of any refusal of registration.

• (5) Where the Secretary of State decides to cancel a registration, the Secretary of State must notify the producer, or the person carrying on the business of the slaughterhouse concerned, as the case may be, of the matters specified in paragraph (6).

• (6) The specified matters are—

• (a) the Secretary of State's decision to cancel the registration;

• (b) the date on which the cancellation is to take effect;

• (c) the reasons for the cancellation; and

• (d) the right of appeal conferred by regulation 6.

Appeals against registration decisions

6

• (1) Any person who is aggrieved about a decision specified in paragraph (2) may appeal against that decision to a magistrates' court.

• (2) The decisions are—

• (a) refusal of registration, or

• (b) cancellation of a registration.

• (3) The procedure on an appeal to a magistrates' court under paragraph (1) is by way of complaint and the Magistrates' Courts Act 1980 applies to the proceedings.

• (4) The period within which an appeal may be brought against a decision specified in paragraph (2) is 28 days, beginning with the day on which notification of the decision is given.

• (5) The cancellation of a registration mentioned in paragraph (2)(b) does not take effect until the time for appealing against it has expired or, if an appeal is lodged, until the appeal is finally disposed of or withdrawn.

Powers of a magistrates' court on appeal

7

On an appeal against a decision by the Secretary of State mentioned in regulation 6(2) the magistrates' court may either overturn the decision or confirm the decision.

Water content checks

8

• (1) Except where a water content check required by Article 16(1), (2), (3) or (4) or 20(2), (3) and (4) of the Commission Regulation is carried out by the Agency, such a check must be carried out by the food business operator of the slaughterhouse or cutting plant concerned.

• (2) Except where a water content check referred to in paragraph (1) is carried out by the Agency, such a check must be carried out—

• (a) at the food business operator's expense; and

• (b) under the responsibility of, and in accordance with any directions given by, the Agency.

• (3) Schedule 3 has effect in relation to the fees payable to the Agency for water content checks carried out by the Agency.

• (4) In this regulation “food business operator” has the same meaning as in Article 3(3) of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

Enforcement

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• (1) The Agency must enforce the European poultrymeat provisions at slaughterhouses and cutting plants.

• (2) Subject to paragraphs (3) and (4), a food authority must enforce—

• (a) the European poultrymeat provisions in its area (other than at slaughterhouses and cutting plants); and

• (b) regulation 4.

• (3) A port health authority must enforce these Regulations in its district in relation to poultrymeat imported from a third country.

• (4) The record keeping requirements in Article 12(2) and (4) of the Commission Regulation must be enforced by the Secretary of State.

• (4A) The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

• (5) In this regulation—

• “food authority” means—a county council;a metropolitan district council;a non-metropolitan district council for an area for which there is no county council;a London borough council;the Common Council of the City of London (in their capacity as a local authority); andthe Council of the Isles of Scilly; and

• “port health authority” means—in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984 ), the Common Council of the City of London; andin relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district.

Duty to give assistance and provide information

10

Each enforcement authority must give such assistance and information to any other enforcement authority as that authority may reasonably require for the purpose of helping that authority perform their duties under these Regulations.

Powers of entry

11

• (1) An authorised officer may, on giving reasonable notice, enter premises (except premises used wholly or mainly as a private dwellinghouse) at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with.

• (1A) The requirement to give notice does not apply—

• (a) where reasonable efforts to agree an appointment have failed;

• (b) where an authorised officer reasonably believes that giving notice would defeat the object of the entry;

• (c) where an officer has a reasonable suspicion of a breach of these Regulations; or

• (d) in an emergency.

• (2) The authorised officer may be accompanied by such other person as the authorised officer considers necessary.

• (3) An authorised officer must not exercise the powers under paragraph (1) or (2) except on the production, if so required, of a duly authenticated document showing the officer's authority.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) If a justice of the peace, on sworn information in writing, is satisfied of the matters mentioned in paragraph (6), the justice may sign a warrant permitting an authorised officer to enter any premises, if need be by reasonable force.

• (6) The matters are that—

• (a) there are reasonable grounds for believing that Condition A or B is met; and

• (b) Condition C, D or E is met.

• (7) Condition A is that on the premises there are items of the type mentioned in regulation 12(1)(a) or documents or records of the type mentioned in regulation 12(1)(d) and that their inspection is likely to disclose evidence of a contravention of these Regulations.

• (8) Condition B is that a contravention of these Regulations has occurred, is occurring or is about to occur on those premises.

• (9) Condition C is that admission to the premises has been, or is likely to be, refused, and that the occupier has been informed (whether orally or in writing) that a warrant may be applied for.

• (10) Condition D is that admission to the premises has been, or is likely to be, refused, and informing the occupier that a warrant under this regulation may be applied for may defeat the object of the entry.

• (11) Condition E is that the premises are unoccupied or that the occupier is temporarily absent and it may defeat the object of the entry to await the occupier's return.

• (12) A warrant granted under paragraph (5)—

• (a) is valid for three months, beginning with the day on which it is granted; and

• (b) must be produced for inspection to the person (if there is one) who appears to the officer to be the occupier, or the person in charge of the premises.

• (13) An authorised officer who enters any premises that are unoccupied or where the occupier is temporarily absent must leave the premises as effectively secured against unauthorised entry as when the officer found them.

Powers of an authorised officer

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• (1) An authorised officer (“O”) entering premises under regulation 11 may—

• (a) inspect the premises, and any plant, machinery or equipment on those premises, and any of the following found on those premises—

• (i) any meat that O has reasonable grounds for believing is poultrymeat (including giblets and any packaging in which the meat is found);

• (ii) any empty container;

• (iii) any label;

• (iv) any packaging; and

• (v) any live poultry;

• (b) search the premises;

• (c) carry out any inquiries, examinations or tests;

• (d) have access to, and inspect and copy, any documents or records (in whatever form they are held) relating to matters covered by these Regulations, and remove them to enable them to be copied;