The Food Hygiene (Wales) Regulations 2006

For the purposes of this Schedule any words or expressions used both in this Schedule and in Commission Regulation (EU) No 579/2014 granting derogation from certain provisions of Annex II to Regulation (EC) No 852/2004 of the European Parliament and of the Council as regards the transport of liquid oils and fats by sea or Commission Directive 98/28/EC granting a derogation from certain provisions of Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport by sea of bulk raw sugar will bear the same meanings as they respectively have in that Regulation or Directive.

SCHEDULE 4 — TEMPERATURE CONTROL REQUIREMENTS

Scope

1

This Schedule does not apply in relation to—

• (a) any food business operation to which Regulation 853/2004 applies; or

• (b) any food business operation carried out on a ship or aircraft.

Chill holding requirements

2

• (1) Subject to sub-paragraph (2) and paragraph 3, any person who keeps any food—

• (a) which is likely to support the growth of pathogenic micro-organisms or the formation of toxins; and

• (b) with respect to which any commercial operation is being carried out,

at or in food premises at a temperature above 8°C will be guilty of an offence.

• (2) Sub-paragraph (1) will not apply in relation to any food which, as part of a mail order transaction, is being conveyed to the final consumer.

• (3) Subject to paragraph 3, no person may supply by mail order any food which—

• (a) is likely to support the growth of pathogenic micro-organisms or the formation of toxins; and

• (b) is being or has been conveyed by post or by a private or common carrier to the final consumer,

at a temperature which has given rise to or is likely to give rise to a risk to health.

General exemptions from the chill holding requirements

3

Sub-paragraphs (1) and (3) of paragraph 2 does not apply in relation to—

• (a) food which—

• (i) has been cooked or reheated,

• (ii) is for service or on display for sale, and

• (iii) needs to be kept at or above 63°C in order to control the growth of pathogenic micro-organisms or the formation of toxins;

• (b) food which, for the duration of its shelf life may be kept at ambient temperatures with no risk to health;

• (c) food which is being or has been subjected to a process such as dehydration or canning intended to prevent the growth of pathogenic micro-organisms at ambient temperatures, but not where—

• (i) after or by virtue of that process the food was contained in a hermetically sealed container, and

• (ii) that container has been opened;

• (d) food which must be ripened or matured at ambient temperatures, but not when the process of ripening or maturation is completed;

• (e) raw food intended for further processing (including cooking) before human consumption, but only if that processing, if undertaken correctly, will render that food fit for human consumption;

• (f) food to which Commission Regulation 543/2008 and Regulation 1308/2013 apply; and

• (g) food to which Commission Regulation 589/2008 and Regulation 1308/2013 apply.

Upward variation of the 8°C temperature by manufacturers etc.

4

• (1) In any proceedings for an offence consisting of a contravention of sub-paragraph (1) of paragraph 2, it will be a defence for the accused to prove that—

• (a) a food business responsible for manufacturing, preparing or processing the food, including, where relevant, the accused, has recommended that it is kept—

• (i) at or below a specified temperature between 8°C and ambient temperatures, and

• (ii) for a period not exceeding a specified shelf life;

• (b) that recommendation has, unless the accused is that food business, been communicated to the accused either by means of a label on the packaging of the food or by means of some other appropriate form of written instruction;

• (c) the food was not kept by the accused at a temperature above the specified temperature; and

• (d) at the time of the commission of the alleged offence, the specified shelf life had not been exceeded.

• (2) A food business responsible for manufacturing, preparing or processing food must not recommend that any food is kept—

• (a) at or below a specified temperature between 8°C and ambient temperatures; and

• (b) for a period not exceeding a specified shelf life,

unless that recommendation is supported by a well-founded scientific assessment of the safety of the food at the specified temperature.

Chill holding tolerance periods

5

• (1) In any proceedings for an offence consisting of a contravention of sub-paragraph (1) of paragraph 2, it will be a defence for the accused to prove that the food—

• (a) was for service or on display for sale;

• (b) had not previously been kept for service or on display for sale at a temperature above 8°C or, where a recommendation has been made pursuant to sub-paragraph (1) of paragraph 4, the recommended temperature; and

• (c) had been kept for service or on display for sale for a period of less than four hours.

• (2) In any proceedings for an offence consisting of a contravention of sub-paragraph (1) of paragraph 2, it will be a defence for the accused to prove that the food—

• (a) was being transferred—

• (i) from premises at which the food was going to be kept at or below 8°C or in appropriate circumstances the recommended temperature to a vehicle used for the purposes of a food business, or

• (ii) to such premises from such a vehicle; or

• (b) was kept at a temperature above 8°C or, in appropriate circumstances, the recommended temperature for an unavoidable reason, such as—

• (i) to accommodate the practicalities of handling during and after processing or preparation,

• (ii) the defrosting of equipment, or

• (iii) temporary breakdown of equipment,

and was kept at a temperature above 8°C or, in appropriate circumstances, the recommended temperature for a limited period only and that period was consistent with food safety.

Hot holding requirements

6

Any person who in the course of the activities of a food business keeps at or in food premises at a temperature below 63°C any food which—

• (a) has been cooked or reheated;

• (b) is for service or on display for sale; and

• (c) needs to be kept at or above 63°C in order to control the growth of pathogenic micro-organisms or the formation of toxins,

will be guilty of an offence.

Hot holding defences

7

• (1) In any proceedings for an offence consisting of a contravention of paragraph 6, it will be a defence for the accused to prove that—

• (a) a well-founded scientific assessment of the safety of the food at temperatures below 63°C has concluded that there is no risk to health if, after cooking or re-heating, the food is held for service or on display for sale—

• (i) at a holding temperature which is below 63°C, and

• (ii) for a period not exceeding any period of time specified in that scientific assessment; and

• (b) at the time of the commission of the alleged offence, the food was held in a manner which was justified in the light of that scientific assessment.

• (2) In any proceedings for an offence consisting of a contravention of paragraph 6, it will be a defence for the accused to prove that the food—

• (a) had been kept for service or on display for sale for a period of less than two hours; and

• (b) had not previously been kept for service or on display for sale by that person.

Interpretation

8

In this Schedule—

• “Commission Regulation 543/2008” (“Rheoliad y Comisiwn 543/2008”) 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;

• “Commission Regulation 589/2008” (“Rheoliad y Comisiwn 589/2008”) means Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs;

• ...

• ...

• “recommended temperature” (“tymheredd a argymhellwyd”) means a specified temperature which has been recommended in accordance with sub-paragraph (1)(a)(i) of paragraph 4; and

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

• “shelf life” (“oes silff”) means— in relation to food for which a date of minimum durability is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required date of minimum durability; in relation to food for which a “use by” date is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required “use by” date; and in relation to food which is not required to bear an indication of minimum durability or a “use by” date, the period for which the food can be expected to remain fit for sale if it is kept in a manner which is consistent with food safety.

SCHEDULE 5 — DIRECT SUPPLY BY THE PRODUCER OF SMALL QUANTITIES OF MEAT FROM POULTRY AND LAGOMORPHS SLAUGHTERED ON THE FARM

Scope

1

The requirements of this Schedule apply in relation to the direct supply by the producer of small quantities of meat from poultry or lagomorphs that have been slaughtered on the farm to the final consumer or to local retail establishments directly supplying such meat to the final consumer as fresh meat.

Requirements

2

• (1) Where a producer supplies meat in the manner described in paragraph 1, he or she must ensure that it bears a label or other marking clearly indicating the name and address of the farm where it was slaughtered.

• (2) The producer must—

• (a) keep a record in adequate form to show the number of birds and the number of lagomorphs received into, and the amounts of fresh meat despatched from, his or her premises during each week;

• (b) retain the record for a period of one year; and

• (c) make the record available to an authorised officer on request.

Offence

3

A person who contravenes or fails to comply with any of the requirements of this Schedule will be guilty of an offence.

SCHEDULE 6 — RESTRICTIONS ON THE SALE OF RAW MILK INTENDED FOR DIRECT HUMAN CONSUMPTION

1

Any person who sells raw milk intended for direct human consumption in contravention of paragraph 5 will be guilty of an offence.

2

• (1) If any person other than the occupier of a production holding or a distributor sells raw cows' milk intended for direct human consumption that person will be guilty of an offence.

• (2) If the occupier of a production holding sells raw cows' milk intended for direct human consumption in contravention of paragraph 3 he or she will be guilty of an offence.

• (3) If a distributor sells raw cows' milk intended for direct human consumption in contravention of paragraph 4 he or she will be guilty of an offence.

3

The occupier of a production holding may only sell raw cows' milk intended for direct human consumption—

• (a) at or from the farm premises where the animals from which the milk has been obtained are maintained; and

• (b) to—

• (i) the final consumer for consumption other than at those farm premises,

• (ii) a temporary guest or visitor to those farm premises as or as part of a meal or refreshment, or

• (iii) a distributor.

4

A distributor may only sell raw cows' milk intended for direct human consumption—

• (a) which he or she has bought pursuant to sub-paragraph (b)(iii) of paragraph 3;

• (b) in the containers in which he or she receives the milk, with the fastenings of the containers unbroken;

• (c) from a vehicle which is lawfully used as a shop premises; and

• (d) direct to the final consumer.

5

The raw milk must meet the following standards:

6

In the case where farm premises are being used for the sale of raw cows' milk intended for direct human consumption pursuant to sub-paragraph (a) of paragraph 3, the Agency must carry out such sampling, analysis and examination of the milk as it considers necessary to ensure that it meets the standards specified in paragraph 5.

7

In any case where the Agency carries out sampling, analysis and examination of raw cows' milk in accordance with paragraph 6, there will be due to the Agency from the occupier of the production holding who is selling the milk a fee of £63, which is payable by the occupier to the Agency on demand.

8

In this Schedule—

• “catering establishment” (“sefydliad arlwyo”) means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the final consumer and is ready for consumption without further preparation;

• “distributor” (“dosbarthwr”) means a person who sells raw cows' milk that has been produced on a production holding of which he or she is not the occupier;

• “farm premises” (“mangre fferm”) means a farm occupied by the occupier of a production holding as a single farm and includes the production holding and any other building situated on that farm and occupied by the same occupier;

• “labelling” (“labelu”), in relation to a food, includes any words, particulars, trade mark, brand name, pictorial matter or symbol relating to the food and appearing on the packaging of the food or on any document, notice, label, ring or collar accompanying the food;

• “occupier” (“meddiannydd”) means any person carrying on the business of producing or handling raw cows' milk or the occupier's duly authorised representative;

• “prepacked” (“wedi ei ragbecynnu”), in relation to a food, means put into packaging before being offered for sale in such a way that the food, whether wholly or only partly enclosed, cannot be altered without opening or changing the packaging and is ready for sale to the final consumer or to a catering establishment;

• “production holding” (“daliad cynhyrchu”) means premises at which milk-producing cows are kept; and

• “shop premises” (“mangre siop”) means premises from which any food is sold to the final consumer.

SCHEDULE 7 — CONSEQUENTIAL AMENDMENTS

The Colours in Food Regulations 1995

1

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2

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The Animal By-Products (Identification) Regulations 1995

3

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4

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5

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6

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7

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8

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9

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10

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11

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The Food Labelling Regulations 1996

12

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13

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14

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The Beef Bones Regulations 1997

15

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16

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17

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Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

D. Elis-Thomas — The Presiding Officer of the National Assembly — 2006-01-10

Explanatory note

(This note is not part of the Regulations)

1These Regulations revoke and re-enact with changes the Food Hygiene (Wales) Regulations 2005 (S.I. 2005/3292 (W.252)).

2The Food Hygiene (Wales) Regulations 2005 provided for the execution and enforcement in relation to Wales of certain Community instruments, referred to in those Regulations as “the Community Regulations”. The Community instruments in question are those specified in sub-paragraphs (a) to (c) of paragraph 4 below. By extending the definition of the phrase “the Community Regulations” in these Regulations to include the Community instruments specified in sub-paragraphs (d) and (e) of paragraph 4 below, these Regulations provide for the execution and enforcement in relation to Wales of all the Community instruments specified in that paragraph.

3The Community instruments specified in paragraph 4 below are defined in Schedule 1. These Regulations update the definitions of the Community instruments specified in sub-paragraphs (a) to (c) of paragraph 4 below to take account of certain Commission Regulations that both enter into force on and apply from 11 January 2006. The Commission Regulations amend those Community instruments or as the case may be affect the way that they are to be read.

4The Community Instruments are—aRegulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs (OJ No. L139, 30.4.2004, p.1; the revised text of this Regulation is now set out in a Corrigendum, OJ No. L226, 25.6.2004, p.3);bRegulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (OJ No. L139, 30.4.2004, p.55; the revised text of this Regulation is now set out in a Corrigendum, OJ No. L226, 25.6.2004, p.22);cRegulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ No. L155, 30.4.2004, p.206; the revised text of this Regulation is now set out in a Corrigendum, OJ No. L226, 25.6.2004, p.83);dCommission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs (OJ No. L338, 22.12.2005, p.1); andeCommission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat (OJ No. L338, 22.12.2005, p.60).

5The other major changes made by these Regulations are that—athe previous enforcement arrangements are altered; andbthe scope of Schedule 5 (direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm) is extended in the light of Article 3 of Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 (OJ No. L338, 22.12.2005, p.83).

6These Regulations—acreate certain presumptions that, for the purposes thereof, specified food is intended for human consumption (regulation 3);bprovide that the Food Standards Agency is the competent authority for the purposes of the Community Regulations except where it has delegated competences as provided for in the Community Regulations (regulation 4);cmake provision for the enforcement and execution of these Regulations and of the Community Regulations (regulation 5);dprovide for the following enforcement measures to be available in respect of a food business operator —ihygiene improvement notices (regulation 6),iihygiene prohibition orders (regulation 7),iiihygiene emergency prohibition notices and orders (regulation 8), andivremedial action notices and detention notices (regulation 9);eprovide that where the commission of an offence under these Regulations is due to the act or default of some other person that other person is guilty of the offence (regulation 10);fprovide that in proceedings for an offence under these Regulations it is a defence for the accused to prove that he or she took all reasonable precautions and exercised all due diligence to avoid the commission of the offence (regulation 11);gprovide for the procurement and analysis of samples (regulations 12 and 13);hprovide powers of entry for authorised officers of an enforcement authority (regulation 14);icreate the offence of obstructing an officer (regulation 15);jprovide a time limit for bringing prosecutions (regulation 16);kprovide that a person who contravenes or fails to comply with specified provisions of Regulation (EC) No. 852/2004 or Regulation (EC) No. 853/2004 is guilty of an offence (regulation 17(1));lprovide penalties for offences (regulation 17(2) and (3));mprovide that a person is considered not to have contravened or failed to comply with a specified provision of Regulation (EC) No. 852/2004 (requirement for bulk foodstuffs in liquid, granulate or powder form to be transported in receptacles and/or containers/ tankers reserved for the transport of foodstuffs) provided the requirements of Schedule 3 are complied with (regulation 17(4));nprovide that where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate or a person purporting to act as such that officer or person as well as the body corporate is deemed to be guilty of that offence and may be proceeded against and punished accordingly (regulation 18);oprovide that where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner that partner as well as the partnership is deemed to be guilty of that offence and may be proceeded against and punished accordingly (regulation 19);pprovide a right of appeal in respect of—ithe service of a hygiene improvement notice or a remedial action notice,iithe refusal of an enforcement authority to issue a certificate under specified provisions to the effect that they are satisfied that a food business operator has taken measures to secure that the health risk condition is no longer fulfilled with respect to the food business concerned, andiiithe making of a hygiene prohibition order or a hygiene emergency prohibition order (regulations 20 to 22);qprovide for the application, for the purposes thereof, of section 9 of the Food Safety Act 1990 (1990 c. 16), but with a specified modification (regulation 23);rprovide for the issue to food authorities by the National Assembly for Wales of codes of recommended practice (regulation 24);sprovide for the protection of officers acting in good faith (regulation 25);tprovide for the revocation or suspension of the designation or as the case may be appointment of specified officials (regulation 26);uprovide that when an authorised officer of an enforcement authority has certified that any food has not been produced, processed or distributed in compliance with these Regulations and the Community Regulations, it must be treated for the purposes of section 9 of the Food Safety Act 1990 as failing to comply with food safety requirements (regulation 27);vprovide for the service of documents (regulation 28);wprovide that the requirements set out in the following Schedules have effect—iSchedule 3 (bulk transport in sea-going vessels of liquid oils or fats and the bulk transport by sea of raw sugar) (regulation 29),iiSchedule 4 (temperature control requirements) (regulation 30),iiiSchedule 5 (direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm) (regulation 31), andivSchedule 6 (restrictions on the sale of raw milk intended for direct human consumption (regulation 32);xmake consequential amendments to specified instruments (regulation 33); andyrevoke the Food Hygiene (Wales) Regulations 2005 (regulation 34).

7A full Regulatory Appraisal on the effect that these Regulations will have on the costs of business has been prepared and placed in the Library of the National Assembly for Wales. Copies may be obtained from the Food Standards Agency, Southgate House, Wood Street, Cardiff CF10 1EW.

Footnotes

“Regulation 178/2002” (“Rheoliad 178/2002”) means 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 as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 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 ;

“Regulation 1642/2003” (“Rheoliad 1642/2002”) means Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 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 ;

“Regulation 852/2004” (“Rheoliad 852/2004”) means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs as read with Regulation 1688/2005 and Regulation 2073/2005;

“Regulation 853/2004” (“Rheoliad 853/2004”) means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin as amended by Regulation 2074/2005 and Regulation 2076/2005 and as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and Regulation 2076/2005;

“Regulation 854/2004” (“Rheoliad 854/2004”) means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption as amended by Regulation 882/2004, Regulation 2074/2005 and Regulation 2076/2005 and as read with Directive 2004/41, Regulation 2074/2005, Regulation 2075/2005 and Regulation 2076/2005;

“Regulation 882/2004” (“Rheoliad 882/2004”) means 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 as read with Regulation 2074/2005 and Regulation 2076/2005;

“Directive 2004/41” (“Cyfarwyddeb 2004/41”) means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC .

“Regulation 1688/2005” (“Rheoliad 1688/2005”) means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs ;

“Regulation 2073/2005” (“Rheoliad 2073/2005”) means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs ;

“Regulation 2074/2005” (“Rheoliad 2074/2005”) means Commission Regulation (EC) No. 2074//2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 ;

“Regulation 2075/2005” (“Rheoliad 2075/2005”) means Commission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat ; and

“Regulation 2076/2005” (“Rheoliad 2076/2005”) means Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 .

Editorial notes

SCHEDULE 3A — REQUIREMENTS REFERRED TO IN REGULATION 17(5)

The requirements are that—

• (a) on 31 December 2005 the slaughterhouse was licensed as a low throughput slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995;

• (b) the condition of meat derived from domestic ungulates slaughtered at the slaughterhouse is only rarely such that it is necessary to detain such meat after post-mortem inspection for further inspection by the official veterinarian;

• (c) where such further inspection is considered necessary by the official veterinarian, the meat concerned is destroyed or is detained at an alternative detention facility in the locality of the slaughterhouse;

• (d) when meat is transported from the slaughterhouse to the alternative detention facility referred to in paragraph (c), it must be marked 'detained meat' and accompanied by a document that has been signed by the official veterinarian, declares that the meat is detained meat and contains the following information–

• (i) name and address of slaughterhouse of origin;

• (ii) name and address of alternative detention facility;

• (iii) number of carcases or cuts; and

• (iv) species of animal; and

• (e) no processing for human consumption of bovine animals that, in accordance with point 2 of Part I of Chapter A of Annex III to the Community TSE Regulation, require BSE testing at slaughter or of swine (domestic and farmed game), solipeds and other species susceptible to Trichinosis that, under Article 18(2) of Regulation 2017/625 as read with Article 31 of Regulation 2019/627, require that examination for Trichinella takes place in accordance with Article 2 of Regulation 2015/1375.

• For the purposes of this Schedule the “Community TSE Regulation” (“Rheoliad TSE y Gymuned”) means Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as last amended by Commission Regulation (EU) 2017/893 and as read with—Commission Decision 2007/411/EC prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1 August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No. 999/2001 and repealing Decision 2005/598/EC,Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk, andCommission Decision 2009/719/EC authorising certain Member States to revise their annual BSE monitoring programmes as amended by Commission Decision 2010/66/EU amending Decision 2009/719/EC authorising certain Member States to revise their annual BSE monitoring programmes.

SCHEDULE 3B — REQUIREMENTS REFERRED TO IN REGULATION 17(6)

The requirements are that—

• (a) on 31 December 2005 the slaughterhouse was licensed as a low throughput slaughterhouse under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;

• (b) the condition of meat derived from poultry or lagomorphs slaughtered at the slaughterhouse is only rarely such that it is necessary to detain such meat after post-mortem inspection for further inspection by the official veterinarian;

• (c) where such further inspection is considered necessary by the official veterinarian, the meat concerned is destroyed or is detained at an alternative detention facility in the locality of the slaughterhouse; and

• (d) when meat is transported from the slaughterhouse to the alternative detention facility referred to in paragraph (c), it must be marked 'detained meat' and accompanied by a document that has been signed by the official veterinarian, declares that the meat is detained meat and contains the following information–

• (i) name and address of slaughterhouse of origin;

• (ii) name and address of alternative detention facility;

• (iii) number of carcases or cuts; and

• (iv) species of animal.

SCHEDULE 3C — REQUIREMENTS REFERRED TO IN REGULATION 17(7)

The requirements are that—

• (a) on 31 December 2005 the slaughterhouse was licensed as a low throughput slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995;

• (b) the food business operator at the slaughterhouse only accepts domestic ungulates that have been transported direct from the holding of origin or from a market;

• (c) the food business operator responsible for transporting the domestic ungulates undertakes in writing to the food business operator at the slaughterhouse that he or she is to ensure that the means of transport are cleaned and, if necessary, disinfected after emptying;

• (d) the food business operator at the slaughterhouse retains the undertaking referred to in paragraph (c) for one year; and

• (e) the food business operator at the slaughterhouse acknowledges to the official veterinarian that he or she may be required under animal health rules to cease operating at the slaughterhouse in the event of an animal disease outbreak.

SCHEDULE 3D — REQUIREMENTS REFERRED TO IN REGULATION 17(8)

The requirements are that—

• (a) on 31 December 2005 the slaughterhouse was licensed as a low throughput slaughterhouse under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;

• (b) the food business operator at the holding of origin of the poultry or lagomorphs transports them from that holding direct to the slaughterhouse and undertakes in writing to the food business operator at the slaughterhouse that he or she is to ensure that the means of transport are cleaned and, if necessary, disinfected after emptying;

• (c) the food business operator at the slaughterhouse retains the undertaking referred to in paragraph (b) for one year; and

• (d) the food business operator at the slaughterhouse acknowledges to the official veterinarian that he or she may be required under animal health rules to cease operating at the slaughterhouse in the event of an animal disease outbreak.

Special health mark

32A

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Consequential amendments

Revocation

SCHEDULE 6A — THE SPECIAL HEALTH MARK

1

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2

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1A

Any person who sells raw milk in contravention of paragraph 7A commits an offence.

1B

Any person who sells raw milk in contravention of paragraph 7B commits an offence.

7A

Except in cases to which paragraph 7B applies, the container in which any raw milk is sold must be marked or labelled with the words “This milk has not been heat-treated and may therefore contain organisms harmful to health. The Food Standards Agency strongly advises that it should not be consumed by children, pregnant women, older people or those who are unwell or have chronic illness.”.

7B

In the case of any raw milk which is not prepacked and is sold at a catering establishment there must appear—

• (a) on a label attached to the container in which that milk is sold, or

• (b) on a ticket or notice that is readily discernible by an intending purchaser at the place where the purchaser chooses that milk,

the words “Milk supplied in this establishment has not been heat-treated and may therefore contain organisms harmful to health. The Food Standards Agency strongly advises that it should not be consumed by children, pregnant women, older people or those who are unwell or have chronic illness.”.

7C

In addition to the English text that must be included by virtue of paragraph 7A, the mark or label may include the Welsh text “Nid yw’r llaeth hwn wedi ei drin â gwres a gall felly gynnwys organeddau sy’n niweidiol i iechyd. Mae’r Asiantaeth Safonau Bwyd yn cynghori’n gryf na ddylai gael ei yfed gan blant, merched beichiog, pobl hŷn neu’r rhai sy’n sâl neu â salwch cronig.”.

7D

In addition to the English text that must be included by virtue of paragraph 7B, the label, ticket or notice may include the Welsh text “Nid yw’r llaeth a ddarperir yn y sefydliad hwn wedi ei drin â gwres a gall felly gynnwys organeddau sy’n niweidiol i iechyd. Mae’r Asiantaeth Safonau Bwyd yn cynghori’n gryf na ddylai gael ei yfed gan blant, merched beichiog, pobl hŷn neu’r rhai sy’n sâl neu â salwch cronig.”.

7E

Nothing in this Schedule prevents the following being marked or labelled, as appropriate, with text corresponding to that which is required by virtue of paragraphs 7A and 7B in any other language in addition to Welsh and English—

• (a) the container in which raw milk is sold;

• (b) in the case of raw milk which is not prepacked and is sold at a catering establishment—

• (i) a label attached to the container in which that milk is sold,

• (ii) a ticket or notice that is readily discernible by an intending purchaser at the place where the purchaser chooses that milk.

Restriction on the sale of raw milk intended for direct human consumption

The Regulation 2017/625 package

• “Regulation 2017/625” means 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, amending Regulations (EC) No. 999/2001, (EC) No. 396/2005, (EC) No. 1069/2009, (EC) No. 1107/2009, (EU) No. 1151/2012, (EU) No. 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No. 1/2005 and (EC) No. 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC as read with Regulation 2074/2005, Regulation 2017/185 and the Regulation 2017/625 package;

• “Regulation 2019/478” means Commission Delegated Regulation (EU) 2019/478 amending Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the categories of consignments to be subjected to official controls at border control posts;

• “Regulation 2019/624” means Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council;

• “Regulation 2019/625” means Commission Delegated Regulation (EU) 2019/625 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption;

• “Regulation 2019/626” means Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption, amending Implementing Regulation (EU) 2016/759 as regards these lists;