Scottish Statutory Instrument 2002 No. 234

      The Meat (Hazard Analysis and Critical Control Point) (Scotland) Regulations 2002


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SCOTTISH STATUTORY INSTRUMENTS


2002 No. 234

FOOD

The Meat (Hazard Analysis and Critical Control Point) (Scotland) Regulations 2002

  Made 16th May 2002 
  Laid before the Scottish Parliament 16th May 2002 
  Coming into force in accordance with regulation 3

The Scottish Ministers in exercise of the powers conferred by sections 6(4), 16(1)(b), (d) and (f), 17(1), 26(2)(a) and 48(1) of the Food Safety Act 1990[1], having had regard in accordance with section 48(4A)[2] of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B)[3] of that Act, by section 2(2) of the European Communities Act 1972[4] insofar as these Regulations amend the Products of Animal Origin (Import and Export) Regulations 1996[5] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and extent
     1.  - (1) These Regulations may be cited as the Meat (Hazard Analysis and Critical Control Point) (Scotland) Regulations 2002.

    (2) These Regulations extend to Scotland only.

Interpretation
    
2.  - (1) In these Regulations-

    "fresh", as applied to red meat or to poultry meat, means all meat, including chilled or frozen meat, which has not undergone any preserving process and includes meat vacuum wrapped or wrapped in a controlled atmosphere;

    "licensed poultry meat cutting plant" means cutting premises licensed under regulation 4 of the Poultry Meat Regulations;

    "licensed poultry meat slaughterhouse" means a slaughterhouse licensed under regulation 4 of the Poultry Meat Regulations;

    "licensed red meat cutting plant" means cutting premises licensed under regulation 4 of the Fresh Meat Regulations;

    "licensed red meat slaughterhouse" means a slaughterhouse licensed under regulation 4 of the Fresh Meat Regulations;

    "livestock unit" has the same meaning as in regulation 2(1) of the Fresh Meat Regulations;

    "poultry" and "poultry meat" have the same meaning as in regulation 2(1) of the Poultry Meat Regulations;

    "the Poultry Meat Regulations" means the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995[7];

    "red meat" has the same meaning as meat in regulation 2(1) of the Fresh Meat Regulations;

    "the specified amount" means-

    (a) in the case of any licensed red meat slaughterhouse, 500 livestock units;

    (b) in the case of any licensed red meat cutting plant, 150 tonnes of fresh red meat;

    (c) in the case of any licensed poultry meat slaughterhouse, 200,000 poultry; and

    (d) in the case of any licensed poultry meat cutting plant, 150 tonnes of fresh poultry meat.

    (2) Nothing in these Regulations shall apply in relation to any licensed red meat slaughterhouse which is used to process bovine animals under the purchase scheme introduced by Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom[8].

Commencement
     3.  - (1) Subject to paragraph (2) below, these Regulations come into force on 7th June 2002.

    (2) Notwithstanding paragraph (1) above, these Regulations come into force on 7th June 2003 in so far as they apply in relation to any small meat establishment.

    (3) For the purposes of paragraph (2) above, a "small meat establishment" means-

Amendment of the Fresh Meat (Hygiene and Inspection) Regulations 1995
    
4.  - (1) The Fresh Meat Regulations are amended in accordance with the following paragraphs of this regulation.

    (2) The following sub-paragraph is inserted between sub-paragraphs (aA) and (b) of regulation 8(1) (supervision of premises):-

    (3) In regulation 8(1)(e), for "and 17" there is substituted ", 17, 17A, 17B and 17C".

    (4) In regulation 20(1)(d) (duties of occupier)-

    (5) In regulation 20(1)(e), for "pursuant to" there is substituted "by virtue of".

    (6) The following sub-paragraphs are inserted between sub-paragraphs (e) and (f) of regulation 20(1):-

    (7) The following paragraphs are inserted after regulation 20(3):-

    (8) After Schedule 17 (transport of fresh meat-requirements applicable to occupiers or persons responsible for the control and management of transport) there shall be inserted Schedules 17A, 17B and 17C, which are set out in the Schedule to these Regulations.

Amendment of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995
    
5.  - (1) The Poultry Meat Regulations are amended in accordance with the following paragraphs of this regulation.

    (2) The following sub-paragraph is inserted between sub-paragraphs (aA) and (b) of regulation 8(1) (supervision of premises):-

    (3) In regulation 18(1)(d) (duties of occupier)-

    (4) After regulation 18(1)(e) there is inserted-

    (5) The following paragraph is inserted after regulation 18(3):-

Amendments to the Products of Animal Origin (Import and Export) Regulations 1996
    
6. In Schedule 2 (regulations relevant to intra-community trade) to the Products of Animal Origin (Import and Export) Regulations 1996[9]-

    (a) in paragraph 6 for "the Meat (Disease Control) (Scotland) Regulations 2000.", there is substituted the following:-

             " S.S.I. 2000/288

             S.S.I. 2001/160

             S.S.I. 2001/358

             S.S.I. 2001/394

             S.S.I. 2001/429

             S.S.I. 2002/35

             The Meat (Hazard Analysis and Critical Control Point) (Scotland) Regulations 2002.".

    (b) in paragraph 7, for "the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Amendment (Scotland) Regulations 2002.", there is substituted the following-

             " S.S.I. 2002/87

             The Meat (Hazard Analysis and Critical Control Point) (Scotland) Regulations 2002.".


MARY MULLIGAN
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
16th May 2002



SCHEDULE
Regulation 4(8)







EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which extend to Scotland only, amend-

    (a) the Fresh Meat (Hygiene and Inspection) Regulations 1995; and

    (b) the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995.

These Regulations give effect to Commission Decision 2001/471/EC laying down rules for the regular checks on the general hygiene carried out by the operators in establishments according to Directive 64/433/EEC on health conditions for the production and marketing of fresh meat and Directive 71/118/EEC on health problems affecting the production and placing on the market of fresh poultry meat (O.J. No. L 165, 21.6.2001, p.48).

The Regulations come into force on 7th June 2002, but the Regulations provide a longer transitional period until 7th June 2003 in respect of small meat establishments to (regulation 3).

Regulation 4 of the Regulations amends the Fresh Meat (Hygiene and Inspection) Regulations 1995 so that-

    (a) the occupier of a slaughterhouse, cutting premises, a cold store or a re-packaging centre licensed under those Regulations is obliged to conduct the regular checks on the general hygiene of conditions of production in those premises which are already required by regulation 20(1)(d) of those Regulations by implementing and maintaining a permanent procedure developed in accordance with certain HACCP (Hazard Analysis and Critical Control Point) principles;

    (b) the occupier of a licensed slaughterhouse is obliged, in conducting these regular checks on the general hygiene of conditions of production in those premises which are referred to above, to carry out microbiological checks in relation to carcases and the cleaning and disinfection of the premises; and

    (c) the occupier of a licensed cutting premises is obliged, in conducting the regular checks on the general hygiene of conditions of production in those premises which are referred to above, to carry out microbiological checks in relation to cleaning and disinfection of the premises.

Regulation 5 of the Regulations amends the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 so that the occupier of a slaughterhouse used for slaughtering poultry, cutting premises used for cutting up fresh poultry meat, a cold store used for the storage of fresh poultry meat or a re-wrapping centre used for packing, wrapping or re-wrapping fresh poultry meat (in each case licensed under those Regulations) is obliged to conduct the regular checks on the general hygiene of conditions of production in those premises which are already required by regulation 18(1)(d) of those Regulations by implementing and maintaining a permanent procedure developed in accordance with certain HACCP principles.

Regulation 6 (which is made under section 2(2) of the European Communities Act 1972) makes two consequential amendments to the Products of Animal Origin (Import and Export) Regulations 1996.

A Regulatory Impact Assessment for these Regulations, which includes a compliance cost assessment of the effects which these Regulations would have on business costs, has been prepared in respect of these Regulations and a copy placed in the Scottish Parliament Information Centre. Copies can be obtained on request from the Meat Hygiene Division of the Food Standards Agency Scotland, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ.


Notes:

[1] 1990 c.16; section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c.40) and paragraph 10(3) of Schedule 5 to the Food Standards Act 1999 (c.46) ("the 1999 Act"); sections 16(1) and 48(1) were amended by paragraph 8 of Schedule 5 to the 1999 Act; section 17(1) was amended by paragraphs 8 and 12 of Schedule 5 to the 1999 Act; amendments made by Schedule 5 to the 1999 Act shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) ("the 1998 Act") by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.back

[2] Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.back

[3] Section 48(4B) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.back

[4] 1972 (c.68). Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46). The functions conferred on a Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[5] S.I. 1996/3124, amended by S.I. 1997/3023, 1998/994 and 1999/683 and S.S.I. 2000/62, 171 and 288, 2001/169 and 257 and 2002/87.back

[6] S.I. 1995/539, amended by S.I. 1995/731, 1763 and 2148, 2200, 3124 and 3189, 1996/1148 and 2235, 1997/1729 and 2074, S.S.I. 2000/62, 171 and 288, 2001/160, 358, 394 and 429 and 2002/35.back

[7] S.I. 1995/540 amended by S.I. 1995/1763, 2200, 2148 and 3025 and 1997/1729 and S.S.I. 2000/62, 171 and 288 and 2002/87.back

[8] O.J. No. L 99, 20.4.96, p.14.back

[9] S.I. 1996/3124, amended by 1997/3023, 1998/994 and 1999/683 and S.S.I. 2000/62, 171 and 288, 2001/169 and 257 and 2002/87.back



ISBN 0 11061427 5


 


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