The Poultrymeat (Wales) Regulations 2011

Made: 12 July 2011

Laid before the National Assembly for Wales: 14 July 2011

Coming into force: 15 August 2011

The Welsh Ministers are 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 Welsh Ministers 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 Welsh Ministers 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 Welsh Ministers have 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 Welsh Ministers, 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 , make 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) The title of these Regulations is the Poultrymeat (Wales) Regulations 2011.

• (2) These Regulations come into force on 15 August 2011 and apply in relation to Wales.

• (3) These Regulations apply to poultrymeat described in point I 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” (“yr Asiantaeth”) means the Food Standards Agency;

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

• “Commission Regulation” (“Rheoliad y Comisiwn”) 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” (“torri”) includes failure to comply, and “contravention” (“toriad”) is to be construed accordingly;

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

• “assimilated poultrymeat provision” (“darpariaeth cig dofednod a gymathwyd”) 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” (“swyddog”)—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” (“cig dofednod”) has the meaning given by point II(1) of Part V of Annex VII to Regulation (EU) 2013;

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

• “third country” (“trydedd wlad”) means any country or territory other than—the United Kingdom;the Bailiwick of Guernsey;the Bailiwick of Jersey;the 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 Welsh Ministers are 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 Welsh Ministers.

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

• (4) The specified matters are—

• (a) the decision of the Welsh Ministers 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 Welsh Ministers decide to cancel a registration, the Welsh Ministers 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 decision of the Welsh Ministers 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 Welsh Ministers 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” (“gweithredwr busnes bwyd”) 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

9

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

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

• (a) the assimilated 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 Welsh Ministers.

• (5) In this regulation—

• “food authority” (“awdurdod bwyd”) has the meaning that it bears by virtue of section 5(1A) of the Food Safety Act 1990;

• “port health authority” (“awdurdod iechyd porthladd”) means in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984 , a port health authority for that district constituted by order under section 2(4) of that Act.

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 enter any premises (except premises used as a private dwelling house) at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with.

• (2) The authorised officer may be accompanied by—

• (a) such other persons as the authorised officer considers necessary; ...

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

• (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) Admission to any premises used as a private dwelling house may not be demanded as of right unless entry is in accordance with a warrant granted under this regulation.

• (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, E or F 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) Condition F is that the premises are used as a private dwelling house.

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

• (a) is valid for one month, 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.

• (14) 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

12

• (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;

• (e) have access to, and inspect and check the data on, and operation of, any computer, and any associated electronic storage device or apparatus (“computer equipment”) that is, or has been in use in connection with, the documents or records mentioned in sub-paragraph (d), including data relating to deleted files and activity logs; and for this purpose O may require any person having charge of, or otherwise concerned with the operation of, the computer equipment to afford to O such assistance (including the provision of passwords) as O may reasonably require, and, during the course of the checks, O may recover data held on the computer equipment; and