The Meat (Official Controls Charges) (Wales) Regulations 2009

Made: 24 June 2009

Laid before the National Assembly for Wales: 25 June 2009

Coming into force: 28 September 2009

The Welsh 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 .

The Welsh Ministers are designated for the purposes of that section in relation to measures relating to food (including drink) including the primary production of food .

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for any reference to a Community instrument defined in Schedule 1 to be construed as a reference to that instrument as amended from time to time.

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 there has been open and transparent public consultation during the preparation of the following Regulations.

Title, application and commencement

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The title of these Regulations is the Meat (Official Controls Charges) (Wales) Regulations 2009, they apply in relation to Wales and come into force on 28 September 2009.

Interpretation

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• (1) In these Regulations —

• “accounting period” (“cyfnod cyfrifyddu”) means a period of less than a year determined by the Agency;

• “the Agency” (“yr Asiantaeth”) means the Food Standards Agency;

• “audit” (“archwilio”) has the meaning given to it in Article 3(30) of Regulation 2017/625;

• “controls” (“rheolaethau”) means those official controls performed by the Agency— pursuant to Regulation 2017/625, Regulation 2019/624 and Regulation 2019/627, at slaughterhouses, game-handling establishments and cutting plants, for the verification of compliance with the provisions of Regulation 853/2004 in so far as they apply in relation to meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game and meat of wild game; pursuant to Regulation 2017/625, Regulation 2019/624 and Regulation 2019/627, at slaughterhouses, for the verification of compliance with the provisions of Council Regulation (EC) No 1099/2009 and the Welfare of Animals at the Time of Killing (Wales) Regulations 2014 insofar as they apply in relation to animals slaughtered there for human consumption;in relation to domestic ungulates slaughtered outside the slaughterhouse, pursuant to Chapter VI of Section I of Annex III to Regulation 853/2004;in relation to poultry slaughtered on farm, pursuant to Chapter VI of Section II of Annex III to Regulation 853/2004; andin relation to—farmed ratites,farmed game mammals of the family Cervidae or the family Suidae,orbison,slaughtered at the place of origin, pursuant to Section III of Annex III to Regulation 853/2004;

• “cutting plant” (“safle torri”) means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which —is approved or conditionally approved under Article 148 of Regulation 2017/625;...

• “cutting up” (“torri”) has the meaning that it bears in Regulation 853/2004;

• “Directive 2004/41” (“Cyfarwyddeb 2004/41”), “Regulation 178/2002” (“Rheoliad 178/2002”), “Regulation 852/2004” (“Rheoliad 852/2004”), “Regulation 853/2004” (“Rheoliad 853/2004”), “Regulation 1688/2005” (“Rheoliad 1688/2005”), “Regulation 2073/2005” (“Rheoliad 2073/2005”), “Regulation 2074/2005” (“Rheoliad 2074/2005”), “Regulation 2015/1375” (“Rheoliad 2015/1375”), “Regulation 2017/185” (“Rheoliad 2017/185”), “Regulation 2017/625” (“Rheoliad 2017/625”), “Regulation 2019/624” (“Rheoliad 2019/624”) and “Regulation 2019/627” (“Rheoliad 2019/627”) have the meanings respectively given to them in Schedule 1;

• “domestic ungulates” (“carnolion domestig”) has the meaning given to it in point 1.2 of Annex I to Regulation 853/2004;

• “establishment” (“sefydliad”) has the meaning given to it in Article 2.1(c) of Regulation 852/2004;

• “farmed game” (“anifeiliaid hela a ffermir”) has the meaning given to it in point 1.6 of Annex I to Regulation 853/2004;

• “food business operator” (“gweithredydd busnes bwyd”) has the meaning given to it in Article 3.3 of Regulation 178/2002;

• “fresh meat” (“cig ffres”) has the meaning given to it in point 1.10 of Annex I to Regulation 853/2004;

• “game” (“anifeiliaid hela”) has the meaning that it bears in Regulation 853/2004;

• “game-handling establishment” (“sefydliad trin anifeiliaid hela”) means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which—is approved or conditionally approved under Article 148 of Regulation 2017/625;...

• “game meat” (“cig anifeiliaid hela”) has the meaning that it bears in Regulation 853/2004;

• “inspector” (“arolygydd”) means an official veterinarian, an official auxiliary or any other person appointed by the Agency for the purpose of performing controls;

• “lagomorphs” (“lagomorffiaid”) has the meaning given to it in point 1.4 of Annex I to Regulation 853/2004;

• “meat” (“cig”) has the meaning given to it in point 1.1 of Annex I to Regulation 853/2004;

• “official auxiliary” (“cynorthwydd swyddogol”) has the meaning given to it in Article 3(49) of Regulation 2017/625;

• “official controls” (“rheolaethau swyddogol”) is construed in accordance with the definition of “official control” in Article 2(1) of Regulation 2017/625;

• “official controls charge” (“ffi rheolaethau swyddogol”) means the charge calculated in accordance with Schedule 2 and notified in accordance with regulation 3(1), (2) or (3);

• “official veterinarian” (“milfeddyg swyddogol”) has the meaning given to it in Article 3(32) of Regulation 2017/625;

• “operator” (“gweithredydd”) means a food business operator who is carrying on a food business at any premises or his or her duly authorised representative;

• “place of origin” (“tarddle”) has the meaning that it bears in point 3 of Section III of Annex III to Regulation 853/2004;

• “placing on the market” (“rhoi ar y farchnad”) has the meaning given to it in Article 3.8 of Regulation 178/2002;

• “poultry” (“dofednod”) has the meaning given to it in point 1.3 of Annex I to Regulation 853/2004;

• “premises” (“mangre”) means any slaughterhouse, game-handling establishment, cutting plant, place that is outside the slaughterhouse for the purposes of chapter VI of Section I of Annex III to Regulation 853/2004, farm or place of origin;

• “slaughterhouse” (“lladd-dy”) means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which —is approved or conditionally approved under Article 148 of Regulation 2017/625;...

• “time costs” (“costau mewn amser”) means, in relation to any establishment for any accounting period, the costs calculated in accordance with paragraphs 7 to 9 of Schedule 2;

• “verification” (“gwirhau”) means checking, by examination and provision of objective evidence; and

• “wild game” (“anifeiliaid hela gwyllt”) has the meaning given to it in point 1.5 of Annex I to Regulation 853/2004.

• (2) In these Regulations, any reference to an EU instrument defined in Schedule 1 is a reference to that instrument as amended from time to time.

Charges

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• (1) The Agency must, subject to the following provisions of this regulation, notify each operator of any premises at which official controls have been exercised in any accounting period of an official controls charge in respect of those official controls as soon as practicable after the end of that period.

• (2) Where the Agency cannot comply with paragraph (1) because it has insufficient information available to it to enable it to calculate the official controls charge for any accounting period in respect of any premises, it must notify the operator of those premises of an interim charge, being such amount as the Agency estimates (having regard to the information it has) the official controls charge to be.

• (3) Where the Agency has notified an operator of an interim charge in accordance with paragraph (2), and sufficient information becomes available to the Agency to calculate the official controls charge, it must calculate that charge and —

• (a) where it exceeds the interim charge, notify the operator of the amount by which the official controls charge exceeds the interim charge; or

• (b) subject to paragraph (5), where it is less than the interim charge, credit to the operator the amount by which the interim charge exceeds the official controls charge.

• (4) Any charge notified to an operator under paragraph (1), (2) or (3) is payable by the operator to the Agency on demand.

• (5) Where under paragraph (3)(b) a sum is to be credited to an operator, the Agency may if it so determines pay such sum to the operator concerned instead of crediting it to the operator.

Withdrawal of controls

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Where the Agency has had judgment entered against an operator of any premises for any sum which is payable to it under regulation 3(4) and the operator fails within a reasonable time thereafter to satisfy the judgment, the Agency may (regardless of any other legal remedy open to it) refuse to exercise any further official controls at those premises until the judgment has been satisfied.

Information

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• (1) An operator must, on demand being made by the Agency, supply —

• (a) such information as the Agency may reasonably require for the purpose of calculating the official controls charge or notifying an operator of it; and

• (b) such evidence as the Agency may reasonably require to enable it to verify information supplied under sub-paragraph (a).

• (2) Any demand made by the Agency under paragraph (1) must be in writing and may be served on the operator concerned—

• (a) by delivering it to that operator;

• (b) in the case of an operator that is a body corporate other than a limited liability partnership—

• (i) by delivering it to the operator's Secretary at the operator's registered or principal office, or

• (ii) by sending it in a prepaid letter addressed to the operator's Secretary at that office;

• (c) in the case of a limited liability partnership—

• (i) by delivering it to a designated member of the partnership, at the operator's registered or principal office, or

• (ii) by sending it in a prepaid letter addressed to a designated member of the partnership at that office;

• (d) in the case of an operator that is a partnership other than a limited liability partnership, by delivering it to the partnership's principal place of business; or

• (e) in the case of any other operator, by leaving it or sending it in a prepaid letter addressed to the operator at the operator's usual or last known residence.

• (3) Where a demand is to be served on an operator under paragraph (2) but it is not reasonably practicable to ascertain the name and address of the person on whom it should be served, or the premises of the operator are unoccupied, the document may be served by addressing it to the operator in the capacity of occupier of those premises (naming them), and—

• (a) by delivering it to some other person at the premises; and

• (b) if there is no other person at the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.

• (4) Any person who —

• (a) in purported compliance with paragraph (1), knowingly or recklessly furnishes information which is false or misleading in a material particular; or

• (b) without reasonable excuse, fails to comply within a reasonable time with a demand made under paragraph (1),

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Revocation

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The Meat (Official Controls Charges) (Wales) Regulations 2008 are revoked.

SCHEDULE 1 — DEFINITIONS OF LEGISLATION

“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;

SCHEDULE 2 — CALCULATION OF THE OFFICIAL CONTROLS CHARGE

The official controls charge

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The official controls charge payable by the operator of any premises for any accounting period is the sum that is equal to such percentage of the time costs generated by those premises in that period as the Agency considers appropriate and the Agency may determine different percentages for different premises or different types of premises.

2

The Agency may vary any percentage determined pursuant to paragraph 1 where it appears to it to be appropriate to do so.

Declarations by operators

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The operator of any premises must, on demand being made by the Agency, declare the working hours and working practices to be undertaken by the operator at the premises.

Agreements between the Agency and operators concerning the performance of controls other than audit

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• (1) The Agency and the operator of any premises must—

• (a) make all reasonable efforts to agree the number of inspectors required for the purpose of carrying out controls other than audit at the premises and the number of hours required daily for that purpose; and

• (b) keep the matters agreed under sub-paragraph (a) under review.

• (2) Where, following any such review, it appears to the Agency and the operator that it is appropriate to do so, they may by further agreement vary any matters agreed pursuant to sub-paragraph (1)(a).

• (3) Where any matters agreed pursuant to sub-paragraph (1)(a) have been varied pursuant to sub-paragraph (2) they must be treated as having been agreed pursuant to sub-paragraph (1)(a).

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• (1) Where the Agency and the operator fail to agree as to a matter specified in sub-paragraph (1)(a) of paragraph 4, the Agency must determine the matter and notify the operator of that determination.

• (2) An operator who does not agree with a determination made by the Agency pursuant to sub-paragraph (1) may, within 3 weeks of the Agency giving notification to him or her under that sub-paragraph, request that the determination be reviewed by the Agency.

• (3) Where an operator makes a request under sub-paragraph (2) and pays to the Agency the sum of £250 by way of contribution to the costs incurred by the Agency in connection with the review, the Agency must review the determination concerned and notify the operator of its decision.

• (4) Where, pursuant to sub-paragraph (3), the Agency decides that a determination made by it pursuant to sub-paragraph (1) was incorrect, it must refund to the operator the payment made by the operator in accordance with sub-paragraph (3).

• (5) Where—

• (a) following a review conducted pursuant to sub-paragraph (3), the Agency decides that its determination was correct; and

• (b) the operator has complied with the most recent demand made by the Agency pursuant to paragraph 3,

the operator may request that the matter that is the subject of that decision be determined by a person nominated for the purpose pursuant to sub-paragraph (7)(a).

• (6) A request under sub-paragraph (5) must be made within 1 week of the Agency giving notification to the operator under sub-paragraph (3).

• (7) Where an operator makes a request under sub-paragraph (5) —

• (a) the Agency must nominate a person to determine the matter from the list established under sub-paragraph (8); and

• (b) within 1 month of being nominated, the person so nominated—

• (i) must give the operator and the Agency an opportunity to make representations on the matter to be determined,

• (ii) must determine the matter concerned,

• (iii) may make such order as to the costs incurred by the operator and the Agency as he or she considers appropriate, and

• (iv) must notify the operator and the Agency of his or her determination and of any such order.

• (8) The Agency must establish and maintain a list of people who may be nominated for the purposes of this paragraph and consult those organisations appearing to represent operators before including any person on the list.

• (9) Where, pursuant to sub-paragraph (7)(b)(ii), a person nominated pursuant to sub-paragraph (7)(a) determines that a decision made by the Agency pursuant to sub-paragraph (3) was incorrect, the Agency must refund to the operator the payment made by the operator in accordance with sub-paragraph (3).

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Nothing in paragraph 4 or 5 restricts the Agency in the performance of such controls as it considers necessary in order to ensure that the objectives of Regulation 2017/625 are achieved and that the obligation specified in Article 9(1) of that Regulation is fulfilled.

Time costs

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