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PART 3 Movement of controlled meat

Restriction on the movement of controlled meat out of a wild bird control area

9.—(1) No person may move controlled meat out of a wild bird control area except under the authority of a licence granted by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

(2) A veterinary inspector may not grant or direct the grant of a licence under sub paragraph (1) unless it is for the movement of–

(a) fresh meat from poultry that was produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No. 853/2004 and has been subject to the official controls set out in Sections I, II and III, and Chapters V and VII of Section IV of Annex I to 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(11);

(b) processed fresh meat or meat products produced from such fresh meat from poultry that was produced in accordance with Sections V and VI of Annex III to Regulation (EC) No. 853/2004;

(c) fresh meat from poultry, processed fresh meat from poultry or meat products from such fresh meat or processed fresh meat, other than the fresh meat, processed fresh meat and meat products referred to in sub paragraphs (2)(a) and (b), to other parts of the United Kingdom, provided–

(i) the meat or product is identified with the national mark described in paragraph 10(1) or with the mark described in paragraph 10(2); and

(ii) the veterinary inspector is satisfied that the meat or product meets the conditions set out in paragraph 11;

(d) fresh meat or processed fresh meat produced from poultry or wild game birds originating from an area which subsequent to such production is declared a wild bird control area, provided such meat has been obtained, cut and stored separately from poultry or wild game bird meat produced after the date when the control area is established; or

(e) meat products containing the meat referred to in paragraph (d) produced in establishments within the wild bird control area.

(3) No person other than the final consumer of meat marked with a mark referred to in paragraph (2)(c) shall deface, obliterate or remove that mark, unless licensed by the Scottish Ministers.

National mark

10.—(1) The national mark referred to in paragraph 9(2)(c)(i) must–

(a) be square;

(b) be clear and visible; and

(c) contain in legible form, the following–

(i) on the upper part, the letters “UK”;

(ii) in the centre, the slaughterhouse approval number;

(iii) on the lower part, the letter “N”.

(2) The other mark referred to in paragraph 9(2)(c)(i) must be–

(a) in the form set out below;

(b) of the dimensions referred to below; or of proportionate dimensions; and

(c) legible to the naked eye.

(a) UK – letters 8 mm high;

(b) XXXX (where XXXX is the approval number of the premises, as referred to in point 7 of Part B of Section I of Annex II to Regulation (EC) No. 853/2004) – numbers 11 mm high;

(c) diameter (to outer edge of border) – not less than 30 mm;

(d) thickness of border – 3 mm.

Conditions for the movement of meat and products

11.  The conditions referred to in paragraph 9(2)(c)(ii) are that the meat (or the meat from which the product was made) was obtained, cut, and stored separately from–

(a) controlled meat being moved under paragraphs 9(2)(a), (b) or (d); and

(b) from meat from poultry from outside the wild bird control area.

Separation of controlled meat

12.—(1) A person moving controlled meat out of the wild bird control area under a licence granted in accordance with paragraph 9(2)(c) must ensure that it does not come into contact with controlled meat being moved under a licence granted in accordance with paragraphs 9(2)(a), (b) or (d) or any meat from poultry from outside that area.

(2) A person receiving controlled meat moved under a licence granted under paragraph 9(2)(c) must ensure that it is not used in meat products or meat preparations intended for placing on the market outside the United Kingdom unless it or the product or preparation in which it has been used has undergone a heat treatment at a minimum temperature of 70°C, which must be reached throughout the meat.

(3) If controlled meat referred to in paragraphs 9(2)(a), (b) or (d) has come into contact with meat referred to in paragraph 9(2)(c), the person moving such meat must identify it in accordance with paragraph 9(2)(c)(i) as soon as is reasonably practicable and must not transport it to premises outside the United Kingdom.

PART 4 Movement of by products

Restriction on the movement of bird by products or products derived from bird by products from premises in a wild bird control area

13.—(1) No person may move from a wild bird control area, a bird by product deriving from poultry, other captive birds or wild game bird originating from within that control area, or product deriving from such by products except under the authority of a licence granted by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

(2) A veterinary inspector may not grant or direct the grant of a licence under sub paragraph (1) unless it is for a movement of–

(a) processed animal protein within the meaning of paragraph 42 of Annex I to Regulation (EC) No. 1774/2002 which complies with the requirements in Part A of Chapter II of Annex VII to that Regulation;

(b) blood products within the meaning of paragraph 4 of Annex I to Regulation (EC) No. 1774/2002 which comply with the requirements in Part B of Chapter III of Annex VII to that Regulation;

(c) rendered fats within the meaning of paragraph 50 of Annex I to Regulation (EC) No. 1774/2002 which comply with the requirements in Part A of Chapter IV of Annex VII to that Regulation;

(d) gelatin within the meaning of paragraph 26 of Annex I to Regulation (EC) No. 1774/2002 which complies with the requirements in Part A of Chapter VI of Annex VII to that Regulation;

(e) hydrolysed protein within the meaning of paragraph 31 of Annex I to Regulation (EC) No. 1774/2002 which complies with the requirements in Part B of Chapter VI of Annex VII to that Regulation;

(f) dicalcium phosphate within the meaning of Part A of Chapter VII of Annex VII to Regulation (EC) No. 1774/2002 which complies with the requirements of Part A of Chapter VII of Annex VII to that Regulation;

(g) tricalcium phosphate within the meaning of Part A of Chapter VIII of Annex VII to Regulation (EC) No. 1774/2002 which complies with the requirements of Part A of Chapter VIII of Annex VII to that Regulation;

(h) collagen within the meaning of paragraph 59 of Annex I to Regulation (EC) No. 1774/2002 which complies with the requirements in Part A of Chapter IX of Annex VII to that Regulation;

(i) egg products within the meaning of Part A of Chapter X of Annex VII to Regulation (EC) No. 1774/2002 which comply with the requirements of Part A of Chapter X of Annex VII to that Regulation;

(j) processed petfood within the meaning of paragraph 43 of Annex I to Regulation (EC) No. 1774/2002 which complies with the requirements in Part B of Chapter II of Annex VIII to that Regulation;

(k) dogchews within the meaning of paragraph 22 of Annex I to Regulation (EC) No. 1774/2002 which comply with the requirements in Part B of Chapter II of Annex VIII to that Regulation;

(l) processed manure and processed manure products within the meaning of Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002 which comply with the requirements for placing on the market in that Part;

(m) game trophies of birds having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures within the meaning of paragraph 1(a) of Part A of Chapter VII of Annex VIII to Regulation (EC) No. 1774/2002.

(n) those by products which are transported to designated incineration plants, processing plants, oleochemical plants, biogas and composting plants, petfood plants or technical plants for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;

(o) those by products which are transported to users or collection centres authorised and registered in accordance with Article 23(4) of Regulation (EC) No. 1774/2002 for the feeding of animals after they have been treated in accordance with paragraph 5(a)(ii) of Annex IX to that Regulation or by another treatment approved by the competent authority which ensures inactivation of the avian influenza virus;

(p) untreated feathers or parts of untreated feathers produced from poultry which comply with the requirements of point 1(a) of Part A of Chapter VIII of Annex VIII to Regulation (EC) No. 1774/2002; or

(q) poultry feathers, feathers from wild game bird or parts of such feathers which have been treated with a steam current or by another method which ensures inactivation of the avian influenza virus.

(3) A veterinary inspector may not grant or direct the grant of a licence under sub paragraph (1) for the movement of the by products listed in sub paragraphs (2)(a) to (i) unless they have also been processed at a processing plant which complies with the requirements of Annex V to that Regulation.

(4) The prohibition in sub paragraph (1) does not apply to a movement permitted under paragraph 14 or 15.

(5) The bird by products referred to in sub paragraph (2)(p) and (q) must be accompanied by the model commercial document in accordance with Chapter X of Annex II to Regulation (EC) No. 1774/2002.

(6) The commercial document accompanying the bird by products referred to in sub paragraph (2)(q) must state, at paragraph 6.1 of that document, that they have been treated with a steam current or by another method to ensure no avian influenza pathogens remain.

(7) Paragraph (5) does not apply to processed decorative feathers or processed feathers carried by travellers for their private use or consignments of processed feathers sent to private individuals for non industrial purposes.

(11)

O.J. No. L 139, 30.4.2004, p.206. The revised text of the Regulation is contained in a corrigendum (O.J. No. L 226, 25.6.04, p.83). Back [11]