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The Carcase Classification and Price Reporting (England) Regulations 2018

Type Statutory-Instrument

Publication 2018-11-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 6th November 2018

Laid before Parliament: 9th November 2018

Coming into force: 3rd December 2018

The Secretary of State makes these Regulations under section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 .

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

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 EU instruments to be construed as references to those instruments as amended from time to time—Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products ;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 carcases and as regards the reporting of market prices of certain categories of carcases and live animals ; andCommission 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 carcases and as regards the reporting of market prices of certain categories of carcases and live animals .

Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products ;

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 carcases and as regards the reporting of market prices of certain categories of carcases and live animals ; and

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 carcases and as regards the reporting of market prices of certain categories of carcases and live animals .

PART 1 — GENERAL PROVISIONS

Title, application and commencement

1

These Regulations may be cited as the Carcase Classification and Price Reporting (England) Regulations 2018; they apply in England and come into force on 3rd December 2018.

Interpretation

2

(1) In these Regulations—

“the 2010 Regulations” means the Beef and Pig Carcase Classification (England) Regulations 2010 ;

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

“approved slaughterhouse” means an establishment used for slaughtering pigs or adult bovine animals, the meat of which is intended for human consumption and which is approved or conditionally approved under Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin ;

“assimilated beef provision” means a provision which is specified in column 2 of Schedule 1, the subject matter of which is described in column 3 of that Schedule;

“assimilated pig provision” means a provision which is specified in column 2 of Schedule 2, the subject matter of which is described in column 3 of that Schedule;

“authorised officer” means a person authorised by the Secretary of State for the purposes of these Regulations, but does not include a person appointed for the purpose of considering an appeal under regulation 11;

“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 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 food and feed law, rules on animal health and welfare, plant health and plant protection products;

“classification” 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 and with regulation 15,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 carcases and as regards the reporting of market prices of certain categories of carcases and live animals;

“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 carcases and as regards the reporting of market prices of certain categories of carcases and live animals;

“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 the classification as required by Article 1 of the Commission Implementing Regulation; and

“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.

(2) Other terms used in these Regulations that are also used in Regulation (EU) 2013, the Commission Delegated Regulation or the Commission Implementing Regulation have the meaning they bear in those Regulations.

(3) In these Regulations, any reference to—

(a) Regulation (EU) 2013,

(b) the Commission Delegated Regulation, or

is to be construed as a reference to that instrument as amended from time to time.

Transitional provisions

3

Any notice, licence, approval or authorisation, given or granted under the 2010 Regulations and which has effect at the coming into force of these Regulations remains in force as if it were given or granted under these Regulations.

Consequential amendments

4

(1) The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 are amended in accordance with paragraph (2).

(2) In Schedule 1 (the SCMO Regulations), for “Commission Regulation 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” substitute the following at the appropriate place—

“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 carcases and as regards the reporting of market prices of certain categories of carcases and live animals”; and

“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 carcases and as regards the reporting of market prices of certain categories of carcases and live animals”.

Revocations

5

The following are revoked—

(a) the Beef and Pig Carcase Classification (England) Regulations 2010;

(b) regulation 2 of the Single Common Market Organisation (Consequential Amendments) Regulations 2013 ; and

PART 2 — NOTIFICATIONS BY OPERATORS

Notifications by operators

6

(1) Every person who—

(a) is an operator on 3rd December 2018, or

(b) becomes an operator on a subsequent date

PART 3 — BOVINE CARCASES

Application of these Regulations to small-scale bovine operators

7

(1) A small-scale bovine operator is not required to classify bovine carcases.

(2) These Regulations do not apply to a small-scale bovine operator which does not classify carcases.

(3) 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.

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

(5) Any small-scale bovine operator who, until the coming into force of these Regulations, was required to classify bovine carcases under the 2010 Regulations shall not by that reason alone be deemed to have chosen to do so for the purposes of paragraph (3).

(6) 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: bovine carcases

8

(1) The Secretary of State is the competent authority for the purposes of—

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

(b) Articles 13 and 14 of the Commission Delegated Regulation and Article 14 of the Commission Implementing Regulation (reporting of market prices and calculation of average price per class);

(c) Article 17(2) of the Commission Delegated Regulation (supplementary provisions for reporting of market prices for carcases);

(d) Article 4(1) of the Commission Implementing Regulation (making and keeping reports for on-the-spot checks).

(2) The Secretary of State is responsible for—

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

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Licence to carry out classification

9

(1) The Secretary of State may grant a licence to carry out visual classification of bovine carcases to any person who applies for such a licence and who appears to the Secretary of State to be qualified to carry out the classification, if the Secretary of State is satisfied that the person is a fit and proper person to carry out classification of bovine carcases.

(2) The licence may be made subject to such terms and conditions as the Secretary of State considers necessary for the purposes of paragraph (1).

(3) In addition to the power to revoke a licence in the circumstances mentioned in Article 4(2) of the Commission Implementing Regulation (incorrect classification, presentations or identifications), the Secretary of State may suspend or revoke a licence granted to a person under this regulation if—

(a) the person has contravened any of the terms or conditions of that licence; or

(b) the Secretary of State is satisfied that the person holding that licence is no longer a fit and proper person to carry out classification of bovine carcases.

(4) Where the Secretary of State takes any decision in relation to a licence under this regulation which gives rise to a right to appeal under regulation 11, the Secretary of State must—

(a) inform the person of the decision in writing;

(b) give the reasons; and

Licence for automated grading

10

(1) The Secretary of State may grant to the operator of an approved slaughterhouse a licence authorising the use of automated grading equipment for classification of bovine carcases at that slaughterhouse, if the Secretary of State is satisfied on the application of the operator for such a licence that the equipment and the manner of its operation would meet the standards required by Article 9(b) and 10(2) (read with Part A of Annex IV) of the Commission Delegated Regulation.

(2) The licence may be made subject to such terms and conditions as are necessary to ensure compliance with those standards.

(3) In addition to the power to revoke a licence in the circumstances mentioned in Article 4(2) of the Commission Implementing Regulation, the Secretary of State may suspend or revoke a licence granted to an operator under this regulation if—

(a) the operator has contravened any of the terms or conditions of the licence; or

(b) the Secretary of State considers that the automated grading equipment no longer meets the standards required by the Commission Delegated Regulation, whether for reasons connected with the equipment itself or with the operator's manner of operation of the equipment.

(4) Where the Secretary of State takes any decision in relation to a licence under this regulation which gives rise to a right to appeal under regulation 11, the Secretary of State must—

(a) inform the person of the decision in writing;

(b) give the reasons; and

Appeals regarding licences

11

(1) A person may appeal against—

(a) a decision by the Secretary of State to refuse an application by that person for a licence under regulation 9 or 10;

(b) a term or condition imposed by the Secretary of State in a licence granted to that person under regulation 9 or 10; or

(2) The appeal must be made to a person appointed for the purpose by the Secretary of State.

(3) The Secretary of State may also make written representations to the appointed person concerning the decision.

(4) The appointed person must consider the appeal and any representations made by the Secretary of State and must report in writing to the Secretary of State with the person's conclusions on the appeal and a recommendation as to the manner in which the matter should be finally determined by the Secretary of State.

(5) The Secretary of State must then make a final determination and notify the appellant of that determination and the reasons for it.

Records: bovine carcases

12

(1) An operator of an approved slaughterhouse must keep a record of the particulars specified in Schedule 3 relating to each bovine carcase which is classified in that slaughterhouse.

(2) The operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates.

PART 4 — PIG CARCASES

Exemption for small-scale pig operators

13

(1) These Regulations do not apply to the operator of an approved slaughterhouse at which fewer than 500 clean pigs per week as an annual average are slaughtered.

(2) Nothing in paragraph (1) prevents the application of these Regulations to an operator in relation to bovine carcases if adult bovine animals are also slaughtered in that operator's slaughterhouse.

Competent authority: pig carcases

14

(1) The Secretary of State is the competent authority for the purposes of—

(a) Article 7(4) of the Commission Delegated Regulation (classification and weighing);

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

(c) Articles 13 and 14 of the Commission Delegated Regulation and Article 14 of the Commission Implementing Regulation (reporting of market prices and calculation of average price per class);

(d) Article 17(2) of the Commission Delegated Regulation (supplementary provisions for reporting of market prices for carcases);

(e) Article 4(1) of the Commission Implementing Regulation (making and keeping reports for on-the-spot checks).

(2) The Secretary of State is responsible for—

(a) authorisation of automated grading methods for pig carcases as described in Article 11 of the Commission Delegated Regulation;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorised grading methods

15

(1) The classification of pig carcases must be carried out at an approved slaughterhouse—

(a) using an authorised grading method provided for in Article 11 of the Commission Delegated Regulation; and

(b) using grading techniques provided for in Article 11 of the Commission Delegated Regulation which are operated by qualified personnel.

(2) In this regulation, “qualified personnel” refers to any person who is proficient in using the equipment and the grading techniques being operated by that person.

Records instead of marking

16

An operator or the person responsible for the classification of pigs may, instead of marking a carcase in accordance with the assimilated pig provisions set out in Part 2 of Schedule 2, draw up a record for that carcase which comprises at least —

(a) the individual identification of the carcase by any unalterable means;

(b) the warm weight of the carcase; and

Records: pig carcases

17

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