S.I. No. 215/1994:

EUROPEAN COMMUNITIES (MINCED MEAT) REGULATIONS, 1994.

EUROPEAN COMMUNITIES (MINCED MEAT) REGULATIONS, 1994.

I, JOE WALSH, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive No. 88/657/EEC⁽¹⁾ of 14 December 1988 as amended by Council Directive No. 89/662/EEC⁽²⁾ of 11 December 1989 and Council Directive No. 92/110/EEC⁽³⁾ of 14 December 1992, hereby make the following Regulations:--

⁽¹⁾ O.J. No. L382 of 31.12.1988, p. 3.

⁽²⁾ O.J. No. L395 of 30.12.1989, p. 13.

⁽³⁾ O.J. No. L394 of 31.12.1992, p. 26.

PART I PRELIMINARY

1. (1) These Regulations may be cited as the European Communities (Minced Meat) Regulations, 1994.

(2) These Regulations shall come into operation on the eighteenth day of July, 1994.

2. (1) In these Regulations--

"authorised officer" means a person authorised in writing by the Minister to exercise for the purposes of these Regulations and the Council Directive the powers conferred on an authorised officer by these Regulations;

"certificate" means a veterinary or health certificate within the meaning of Chapter XIII of Annex I to Council Directive 64/433/EEC⁽⁴⁾ or Annex A or Annex VI to Council Directive 71/118/EEC⁽⁵⁾;

⁽⁴⁾ As amended by Council Directive No.9¼97/EEC of 29 July 1991 --

O.J. No. L268 of 24.9.1991, p. 69.

⁽⁵⁾ As amended by Council Directive No. 92/11/EEC of 17 December 1992 --

O.J. No. L62 of 15.3.1993, p. 1.

"commercial document" means a document within the meaning of Article 3.1.A.(f)(ii) of Council Directive No. 64/433/EEC or Article 3.1.A.(i) of Council Directive No. 71/118/EEC;

"consumer" means a person who buys minced meat, meat in pieces of less than 100 grams and meat preparations--

(a) for his own consumption;

(b) for consumption on premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him; or

(c) for cooking on premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him for sale as take-away food for consumption off those premises;

"the Council Directive" means Council Directive No. 88/657/EEC of 14 December 1988 as amended by Council Directive No. 89/662/EEC of 11 December 1989 and Council Directive No. 92/110/EEC of 14 December 1992;

"establishment" means a production plant or an independent production unit;

"independent production unit" means a production plant not located on the premises or in an annex to an establishment approved by the Minister in accordance with Council Directives 64/433/EEC⁽⁶⁾ or 77/99/EEC⁽⁷⁾ and which fulfils the requirements of Chapter I of the First Schedule to these Regulations;

⁽⁶⁾ As amended by Council Directive No. 9¼97/EEC of 29 July 1991 --

O.J. No. L268 of 24.9.1991, p. 69.

⁽⁷⁾ As amended by Council Directive No. 92/5/EEC of 10 February 1992 --

O.J. No. L57 of 2.3.1992, p. 1.

"Member State" means a Member State of the European Communities;

"placing on the market" means, subject to the provisions of Regulation 3(2) and 3(4), the stocking or display with a view to sale, offering for sale, sale, delivery or any other manner of disposal in the Community;

"premises" includes any land and any buildings, structures or private dwellings;

"production plant" means any cutting plant or establishment producing minced meat and meat in pieces of less than 100 grams fulfilling the requirements of Chapter I of the First Schedule and any plant producing meat preparations fulfilling the requirements of Chapter I of Annexes A and B to Council Directive 77/99/EEC;

"the Minister" means the Minister for Agriculture, Food and Forestry;

"third country" means a country which is not a member of the European Communities;

"veterinary examiner" means a veterinary inspector who is an officer of the Minister.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directive.

(3) In these Regulations--

(a) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other provision is intended;

(b) a reference to a Schedule is to a Schedule to these Regulations;

(c) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3. (1) Subject to the provisions of paragraphs (2) and (4), a person shall not place on the market minced meat, meat in pieces of less than 100 grams and meat preparations intended for human consumption or for industry, within the meaning of Article 1 of the Council Directive, other than in compliance with these Regulations and the Council Directive.

(2) The requirements of these Regulations and the Council Directive shall not apply to minced meat, meat in pieces of less than 100 grams and meat preparations which are obtained in retail shops or in premises adjacent to sales points, prepared on the spot and intended for sale there directly to the consumer.

(3) The following shall not be considered as minced meat, meat in pieces of less than 100 grams or meat preparations within the meaning of the Council Directive but shall be regarded as meat products: products which have undergone one of the treatments specified in Article 2(f) of the Annex to Council Directive No. 77/99/EEC and which no longer display the characteristics of fresh meat.

(4) Until 31 December 1995, the provisions of paragraph (1) shall not apply to minced meat, meat in pieces of less than 100 grams and meat preparations intended for human consumption or for industry, within the meaning of Article 1 of the Council Directive, where that meat or meat preparations are intended to be marketed within the State.

PART II APPROVAL OF PRODUCTION UNITS AND PLANTS

4. The Minister may approve an independent production unit or a production plant located in, or in an annex to, an establishment already separately approved in accordance with either Council Directives 64/433/EEC or 77/99/EEC, for the production of minced meat, meat in pieces of less than 100 grams and meat preparations provided he is satisfied that such unit or plant meets the requirements of Chapter I of the First Schedule.

PART III CONDITIONS FOR PLACING ON THE MARKET

5. Having regard to the provisions of Regulations 3, 6 and 7, minced meat, meat in pieces of less than 100 grams and meat preparations intended for placing on the market must meet the following general conditions:

( a ) they must be prepared, in an establishment approved by the Minister in accordance with Regulation 4, from fresh meat:

(i) either in compliance with Council Directives Nos. 64/433/EEC or 71/118/EEC⁽⁸⁾;

⁽⁸⁾ As amended by Council Directive No. 92/116/EEC of 17 December 1992 -

O.J. No. L62 of 15.3.1993, p. 1.

(ii) or in compliance with Council Directive No. 72/462/EEC⁽⁹⁾ of 12 December 1972 and coming from a third country directly into this State or via another Member State. In the case of fresh pigmeat, it must have been examined for trichinae in accordance with Article 2 of Council Directive No. 77/96/EEC⁽¹⁰⁾ of 21 December 1976;

⁽⁹⁾ O.J. No. L302 of 31.12.1972, p. 28.

⁽¹⁰⁾ O.J. No. L26 of 31.1.1977, p. 67.

( b ) they must be prepared, packaged and stored in accordance with Chapters II, III and IV of the First Schedule;

( c ) they must be inspected in accordance with Chapters V and VI of the First Schedule;

( d ) they must be marked in accordance with Chapter VII of the First Schedule;

( e ) they must be transported in accordance with Chapter VIII of the First Schedule;

( f ) during transport to the country of destination, they must be accompanied by a health certificate or by a commercial document. The health certificate must be marked:

"the undersigned, veterinary inspector, hereby certifies that the minced meat, meat in pieces of less than 100 grams, meat preparations described above was/were obtained under the conditions of production and inspection laid down in Directive 88/657/EEC laying down the requirements for the production of, and trade in, minced meat, meat in pieces of less than 100 grams and meat preparations and amending Directives 64/433/EEC, 71/118/EEC and 72/462/ EEC";

( g ) the designations 'lean minced meat' and 'minced meat' used either separately or in combination with the names of the species of the animals from which the meat is obtained, must be restricted to products for the final consumer which, in addition to the general conditions imposed in Chapter III of the First Schedule, must also meet the requirements set out in Section I of the Second Schedule;

( h ) they must comply with the veterinary checks laid down in Council Directive No. 89/662/EEC⁽¹¹⁾ of 11 December 1989 and the animal health rules governing intra-Community trade in fresh meat laid down in Council Directive No. 72/461/EEC⁽¹²⁾ of 12 December 1972.

⁽¹¹⁾ O.J. No. L395 of 30.12.1989, p. 13.

⁽¹²⁾ O.J. No. L302 of 31.12.1972, p. 24.

6. Subject to the provisions of Regulations 5 and 7, minced meat, meat in pieces of less than 100 grams and, in so far as they contain such meat, meat preparations intended to be placed on the market must comply with the following requirements:

(a) they must be obtained, without prejudice to Regulation 7, from fresh meat from slaughter animals within the meaning of Article 3.2 (a) of the Council Directive. This meat must comply with Regulation 5 (a) and:

(i) in the case of meat that has been frozen or deep-frozen without bones, within a maximum of 18 months for beef and veal, 12 months for sheepmeat and 6 months for pigmeat of freezing or deep-freezing in a warehouse approved in accordance with Article 10 of Council Directive 64/433/EEC;

(ii) in the case of other fresh meat, within a maximum of six days after the slaughter of the animal of origin;

( b ) they must have undergone cold treatment within a maximum of one hour after cutting into portions and wrapping except where processes requiring the lowering of the internal temperature of the meat during preparation are used;

( c ) if they are to be placed on the market:

(i) chilled and wrapped for the final consumer, they must be obtained exclusively from meat as referred to in subparagraph (a) (ii) and cooled to an internal temperature below + 2°C in a period of not more than one hour;

(ii) deep-frozen and wrapped for the final consumer, they must be obtained from meat as referred to in subparagraphs (a) (i) or (ii) and cooled to an internal temperature below -- 18°C in a period of not more than four hours;

(iii) frozen, they may be obtained from meat as referred to in subparagraphs (a) (i) or (ii) and cooled to an internal temperature below -- 12°C in a period of not more than 12 hours. Such meat may not be wrapped for the final consumer;

( d ) they must not be subject to ionising radiation or ultra-violet treatment;

( e ) as regards meat preparations, seasonings may not exceed 3 per cent of the finished product if added dry or 10 per cent if added in any other state;

( f ) the use of food additives in minced meat, meat in pieces of less than 100 grams or meat preparations, must comply with the terms of national legislation on the use of such additives.

7. (1) The following may not be dispatched from the State to the territory of another Member State, except with the authorisation of the Minister and in compliance with Regulations 5 and 6:

( a ) minced soliped meat or soliped meat weighing less than 100 grams;

( b ) minced meat containing offal;

( c ) minced meat, meat in pieces of less than 100 grams and meat preparations obtained from or using mechanically separated meat;

( d ) minced poultrymeat;

( e ) meat or preparations referred to in Article 2(2) of the Council Directive which fails to meet the standards laid down in Regulation 5 ( g ) and Regulation 6 ( a ) (i) and (c) or the standards laid down in Chapter VI of the First Schedule.

(2) The meat and meat preparations listed in subparagraphs (a), (b) and (c) of paragraph (1) may not be imported into the State except with the authorisation of the Minister.

(3) The Minister may vary the terms of, or revoke, any authorisation issued for the purposes of paragraphs (1) and (2).

(4) ( a ) Authorisations issued under paragraphs (1) or (2) may be either general authorisations or authorisations restricted to particular cases and may be issued subject to conditions, which may be varied in accordance with paragraph (3).

( b ) Where an authorisation issued under paragraph (1) or (2) is issued subject to a condition, the condition shall be specified in the authorisation.

(5) In any proceedings, a document, purporting to be a copy of a general authorisation or a variation or revocation thereof, and purporting to have been issued by the Minister, shall, when produced in evidence by an officer of the Minister, be prima facie evidence of the issue, variation or revocation of the authorisation, as the case may be, and of the terms thereof and, in the case of such issue or variation, that the authorisation (as varied, where appropriate) is still in force.

PART IV MINISTERIAL APPROVAL AND APPROVAL NUMBERS

8. (1) When the Minister approves an establishment producing minced meat, meat in pieces of less than 100 grams and meat preparations in accordance with Regulation 4, he shall allocate an approval number to that establishment and shall notify the owner or person in charge of the establishment, in writing of the approval and of the number.

(2) The Minister may attach conditions, as he sees fit, to an approval granted under Regulation 4, or subsequently, and may amend or revoke a condition attached to the approval and shall notify the owner or person in charge of the establishment concerned in writing of the conditions, amendment or revocation concerned.

(3) A list of establishments approved under Regulation 4 shall be maintained by the Minister.

(4) The Minister may, if he is not satisfied that the relevant provisions of these Regulations are being complied with in relation to an establishment, refuse to approve the establishment and shall notify the owner or person in charge of the establishment in writing of the refusal and the reasons for such refusal.

(5) An authorised officer, if he is not satisfied that all of the relevant provisions of these Regulations are being complied with, may take the measures necessary to ensure compliance including removal of health marks referred to in Chapter VII of the First Schedule and suspension of production and, if necessary, the withdrawal from the market of the offending minced meat, meat in pieces of less than 100 grams or meat preparations and any other minced meat, meat in pieces of less than 100 grams or meat preparations he deems likely to offend the provisions of these Regulations.

(6) In the event of continued non compliance with these Regulations or failure by the owner or person in charge of the establishment to take the measures required under paragraph (5) the Minister may either temporarily suspend or revoke an approval.

(7) The Minister shall not--

( a ) revoke or suspend an approval given under Regulation 4, or

( b ) refuse to approve an establishment on foot of an application, without--

(i) notifying the holder of, or applicant for, the approval of his intention to revoke or suspend or refuse the approval, as the case may be; and

(ii) specifying his reason for the intended suspension or revocation or refusal, as the case may be; and

(iii) affording the holder of, or applicant for, the approval an opportunity of making representations within 14 days or having representations made on his behalf, to the Minister in relation to the proposed revocation or suspension or refusal, as the case may be.

(8) Where the Minister suspends or revokes an approval under Regulation 4, the establishment shall not place on the market, supply, sell or use minced meat, meat in pieces of less than 100 grams or meat preparations originating from that establishment subsequent to the date of revocation or suspension, as the case may be, except with the approval of the Minister.

(9) Where an approval under Regulation 4 is suspended or revoked the Minister may issue a notice requiring that establishment to cease production from a date specified in that notice.

(10) The Minister may restore approval, if approval has been suspended in accordance with paragraph (6), in instances where--

( a ) the owner or person in charge of the suspended establishment has rectified the shortcomings notified to him by an authorised officer, and

( b ) tests or checks carried out by an authorised officer confirm the safety of the minced meat, meat in pieces of less than 100 grams or meat preparations emanating from the suspended establishment.

(11) Notwithstanding the other provisions of this Regulation, the Minister may where he is satisfied that there is a serious and immediate risk to animal and human health, suspend without notice an approval granted under Regulation 4.

9. (1) The Minister may appoint such and so many persons as he thinks fit to be authorised officers for the purposes of these Regulations.

(2) An authorised officer shall be furnished with a warrant of his appointment by the Minister as an authorised officer and when exercising any power conferred on him by these Regulations such officer shall, if requested by any person affected, produce the warrant to that person.

(3) An authorised officer or a veterinary expert from the European Commission may at all reasonable times enter an establishment approved under these Regulations or for which an application for approval has been received for the purposes of carrying out inspections and supervision as required by these Regulations and the Council Directive.

(4) An authorised officer may at all reasonable times enter an approved establishment or any other premises or place in which he has reasonable grounds for believing that minced meat, meat in pieces of less than 100 grams or meat preparations are being produced for human consumption or for industry in contravention of these Regulations and the Council Directive.

(5) An authorised officer shall have at all times free access to all parts of an establishment or premises and to accounting or other documents which enable the premises or holding of origin of the raw materials to be traced and for any other purpose of these Regulations.

(6) An authorised officer may:

( a ) make such examinations, tests and inspections, and

( b ) inspect, take or take copies of or extracts from any books, documents, or other records as he finds in the course of his inspection, and

( c ) take such reasonable samples of any meat, minced meat, meat in pieces of less than 100 grams or meat preparations,

as he may consider appropriate for the purposes of these Regulations and the Council Directive.

(7) A person who is for the time being the owner or operator of an establishment approved by the Minister under these Regulations shall carry out all reasonable directions issued by an authorised officer for the purposes of these Regulations.

10. (1) Where in relation to any minced meat, meat in pieces of less than 100 grams and meat preparations an authorised officer forms an opinion that there is a risk to public or animal health--

( a ) he may seize any minced meat, meat in pieces of less than 100 grams or meat preparations, or

( b ) he may serve or cause to be served on any person who is the owner of the minced meat, meat in pieces of less than 100 grams or meat preparations or an importer, or exporter of such meat or meat preparations or the person who appears to such officer to be in control for the time being of such meat or meat preparations a notice requiring either the owner, importer, exporter, or person in control for the time being of the minced meat, meat in pieces of less than 100 grams or meat preparations, that such meat or meat preparations--

(i) be destroyed in such manner and at such place as the authorised officer shall direct, or

(ii) be used or disposed of in such manner as the authorised officer shall direct, and

(iii) any costs pertaining to action required under subparagraphs (i) and (ii) will be borne by the person on whom the notice is served.

(2) A requirement contained in a notice may specify a time limit within which it is to be complied with.

(3) A requirement specified in a notice served under paragraph (1) (in this paragraph referred to as "the earlier notice") may be modified or withdrawn in a further such notice and in that event the earlier notice shall have effect subject to such modification or withdrawal.

(4) A notice may require the owner, importer, exporter, or person in control for the time being of the minced meat, meat in pieces of less than 100 grams or meat preparations as the case may be to choose between two or more of the requirements specified in the notice.

(5) A notice referred to in paragraph (1) may be served on the owner, importer, exporter, or person in control for the time being of the minced meat, meat in pieces of less than 100 grams or meat preparations as the case may be by delivery of it by hand, or by sending it by prepaid registered post to or by leaving it at his last known place of abode or business.

(6) ( a ) An owner, importer, exporter or person in control for the time being of the minced meat, meat in pieces of less than 100 grams or meat preparations may appeal within 7 days of the seizure of such meat or meat preparations or service of the notice under paragraph (1) to the Judge of the District Court having jurisdiction in the District Court District where such meat or meat preparations is situated or to the Judge of the District Court having jurisdiction in the District Court District where the person bringing the appeal ordinarily resides or carries on business on the grounds that the seizure or the notice or any of the terms thereof are not justified having regard to the provisions of these Regulations.

( b) An appeal made pursuant to subparagraph (a) may be heard at any sitting of the District Court within the appropriate District Court District.

(c) (i) Notice of an appeal made pursuant to subparagraph (a) shall be served on the Minister and the said notice shall be served at least 48 hours prior to the hearing of the appeal by serving it on the Minister or by leaving it at the place and in the manner specified in the notice issued under this Regulation;

(ii) the notice of appeal shall contain a statement of the grounds upon which it is alleged that the seizure or the notice or any of the terms thereof are not justified.

( d ) A copy of the notice of appeal shall be lodged with the District Court Clerk in the manner specified in the notice issued pursuant to paragraph (1), at least 48 hours prior to the hearing of the appeal.

( e ) The Minister shall, as well as the appellant, be entitled to be heard and to adduce evidence at the hearing of an appeal brought under paragraph

(6) of this Regulation in opposition to an appeal made pursuant to this Regulation.

(7) On the hearing of an appeal under this Regulation a Judge of the District Court may, at his discretion, confirm, modify, or annul the action taken under paragraph (1).

(8) ( a ) No person including a person upon whom a notice has been served under paragraph (1), shall deal with the minced meat, meat in pieces of less than 100 grams or meat preparations concerned other than in accordance with the terms of the notice.

( b ) In the event of an appeal against the terms of a notice referred to in subparagraph (a), pursuant to paragraph (6), no person, including the person appealing, shall deal with the minced meat, meat in pieces of less than 100 grams or meat preparations concerned pending the determination of the appeal other than in accordance with such directions as shall be given in writing to the appellant by an authorised officer.

( c ) Where the terms of a notice referred to in subparagraph (a) are confirmed with or without modification by the Judge of the District Court hearing the appeal made under the said paragraph (6) no person, including the person who made the appeal, shall deal with the minced meat, meat in pieces of less than 100 grams or meat preparations concerned other than in accordance with such notice as confirmed.

(9) ( a ) where:--

(i) an owner, importer, exporter or a person for the time being in control of the minced meat, meat in pieces of less than 100 grams or meat preparations fails to comply with the terms of a notice served upon him under paragraph (1) within the time specified therein, or

(ii) an authorised officer has reasonable grounds for believing that the terms of a notice served under paragraph (1) will not be complied with, or

(iii) a notice served under paragraph (1) has been confirmed with or without modification under paragraph (7) and the notice has not been complied with, or

(iv) an authorised officer has reasonable grounds for believing that the terms of a notice served under paragraph (1) which has been confirmed with or without modification under paragraph (7) will not be complied with, or

(v) pending the determination of an appeal made pursuant to subparagraph (a) of paragraph (6), an authorised officer has reasonable grounds for believing that directions given pursuant to paragraph (8) have not been or shall not be complied with,

an authorised officer may at any time seize the minced meat, meat in pieces of less than 100 grams or meat preparations at such premises or place as he thinks fit in the circumstances of the case.

( b ) In relation to any seized minced meat, meat in pieces of less than 100 grams or meat preparations, an authorised officer may destroy it, or cause it to be destroyed in such manner and at such place as the authorised officer shall direct, or such meat or meat preparations may be used or disposed of in such manner as the authorised officer shall direct.

( c ) Any profits arising out of the disposal of the minced meat, meat in pieces of less than 100 grams or meat preparations referred to in subparagraph (b) shall be paid to the owner of such meat or meat preparations less any expenses incurred in connection with the said disposal.

(10) The costs of disposal or destruction of minced meat, meat in pieces of less than 100 grams or meat preparations under this Regulation shall, subject to the provisions of subparagraph (9) ( c ), be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction from the person who was the owner of such meat or meat preparations at the time the disposal or destruction was carried out.

(11) In this Regulation:--

"importer" and "exporter" includes any person who, whether as owner, consignor, consignee, agent or broker is in possession of or in any way entitled to the custody or control of the minced meat, meat in pieces of less than 100 grams or meat preparations which is being or has been imported into or exported from the State.

PART V IMPROPER USE OF HEALTH MARKS, CERTIFICATES OR DOCUMENTS

11. (1) A person shall not print or cause to be printed, order, import, purchase, sell, offer or expose for sale a certificate or any document purporting to be or in any way resembling a certificate save with the consent in writing of the Minister.

(2) A person shall not have in his possession or under his control a certificate or any document purporting to be or in any way resembling a certificate unless he is--

(i) an authorised officer or an officer of the Minister, or

(ii) a person who is in possession or control of the certificate or document with the consent in writing of the Minister, or

(iii) a person who is in possession or control of the certificate or document, in accordance with the provisions of these Regulations.

(3) A person shall not make or cause to have made, order, import, purchase, sell, offer or expose for sale any instrument for affixing a health mark in accordance with Regulation 5(d) on any certificate, document, wrapping, label, carton or other thing, save in accordance with these Regulations.

(4) A person shall not apply a health mark or anything purporting to be a health mark to a certificate or a commercial document except in accordance with these Regulations.

(5) A person shall not procure by fraud or by misrepresentation, forge, or without lawful authority or excuse, alter or tamper with, any document purporting to be a certificate or a commercial document or any other document purporting to be issued under these Regulations or for the purposes of the Council Directive nor utter any such certificate or document knowing it to be procured by fraud or by misrepresentation, forged, altered or tampered with.

(6) Nothing in paragraph (1) shall be construed as prohibiting the importation of a certificate where such importation is for the purpose only of complying with these Regulations.

PART VI MISCELLANEOUS PROVISIONS

12. An offence under these Regulations may be prosecuted by the Minister.

13. (1) Any person who contravenes a provision of these Regulations shall be guilty of an offence.

(2) If any person fraudulently--

( a ) tampers or otherwise interferes with any minced meat, meat in pieces of less than 100 grams or meat preparations so as to procure that any sample of it taken under these Regulations does not correctly represent such meat or meat preparations,

( b ) tampers or otherwise interferes with any sample taken under these Regulations,

he shall be guilty of an offence.

(3) Any person who obstructs or otherwise interferes with an authorised officer in the exercise of a power conferred on him by these Regulations shall be guilty of an offence.

(4) A person guilty of an offence under these Regulations shall be liable, on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

(5) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other official of such body, each such person shall be guilty of an offence.

14. The powers conferred by Regulation 11 of the Food Hygiene Regulations, 1950 ( S.I. No. 205 of 1950 ), shall not be exercised on or in respect of establishments which for the time being stand approved of under Regulation 4 of these Regulations and neither Regulation 25 nor Part IV of the said Regulations shall apply in respect of such establishments.

15. The Export of Fresh Meat (Prohibition) Order, 1933 (No. 96 of 1933) is hereby repealed.

FIRST SCHEDULE.

CHAPTER I

SPECIAL CONDITIONS FOR THE APPROVAL OF ESTABLISHMENTS PRODUCING MEAT AS DEFINED IN ARTICLE 2(2) OF THE COUNCIL DIRECTIVE.

1. Over and above the general conditions laid down in, respectively Annex I points 1 to 13 and points 15, 16 and 17 of Council Directive No. 64/433/EEC⁽¹³⁾ and Chapter I of Annex A to Council Directive No. 77/99/EEC⁽¹⁴⁾, production plants or independent production units as defined in Regulation (2)(1) must have at least:

⁽¹³⁾ As amended by Council Directive No. 9¼97/EEC -- O.J. No. L268 of 24.9.1991, p. 69.

⁽¹⁴⁾ As amended by Council Directive No. 92/5/EEC -- O.J. No. L57 of 2.3.1992, p.1.

( a ) a room separate from the cutting room for mincing, wrapping and for the addition of other foodstuffs, equipped with a recording thermometer or recording telethermometer.

However, the Minister may authorise the mincing of meat in the cutting room provided that the mincing is carried out in a separate area and does not involve the addition of seasonings and other foodstuffs;

( b ) a room for packaging, unless the conditions laid down in point 63 of Chapter XII of Annex I to Directive 64/433/EEC are fulfilled;

( c ) a room for storing seasonings and other cleaned foodstuffs ready for use;

( d ) refrigeration equipment enabling the temperatures laid down in these Regulations to be adhered to.

Establishments producing meat preparations must also comply with the relevant requirements of Chapter I of Annex B to Directive 77/99/EEC.

2. The rules laid down in Chapter V of Annex I to Directive 64/433/EEC shall apply as regards the hygiene of the staff, premises and equipment in the establishments.

Staff engaged in the manual preparation of minced meat must also wear masks covering their noses and mouths and surgical-type gloves.

CHAPTER II

CONDITIONS FOR THE PRODUCTION OF MEAT IN PIECES OF LESS THAN 100 GRAMS.

3. The owner or person in charge of the establishment must ensure that meat is examined before cutting. All soiled or suspect parts shall be removed before the meat is cut up.

4. Meat in pieces of less than 100 grams may not be obtained from scrap cuttings or scrap trimmings or from offal. For the purposes of these Regulations, however, offal in slices, obtained in conditions, which an authorised officer considers to be hygienically satisfactory, is to be regarded as meat in pieces of less than 100 grams.

5. Where the operations carried out from the time when the meat enters the room referred to in Chapter I, subparagraph 1 (a) to the time when the finished product undergoes the chilling or freezing process are performed within a maximum period of one hour, the internal temperature of the meat must be no higher than + 7°C and the temperature of the production premises must be no higher than + 12°C. An authorised officer may authorise a longer time limit in individual cases where the addition of seasonings or foodstuffs justifies this on technical grounds, provided hygiene rules are not affected by that derogation.

Where the duration of these operations is over one hour or over the period authorised by the authorised officer in accordance with the preceding subparagraph, the fresh meat may not be used until the internal temperature of the meat has been reduced to a maximum of + 4°C.

6. Immediately after production, meat in pieces of less than 100 grams must be hygienically wrapped and packaged and stored at a temperature of not more than + 2°C in the case of chilled meat and not more than -- 18°C in the case of deep-frozen meat or not more than -- 12°C in the case of frozen meat.

CHAPTER III

CONDITIONS FOR THE PRODUCTION OF MINCED MEAT.

7. The owner or person in charge of an establishment must ensure that meat is examined before mincing. All soiled and suspect parts must be removed before the meat is minced.

8. Minced meat may not be obtained from scrap cuttings or scrap trimmings.

In particular, it may not be prepared from meat from the following parts of bovine animals, pigs, sheep or goats: fragments of muscles from the head, the point at which the sticking of the animals took place, injection areas, bone scrapings, the diaphragm and the non-muscular part of the linea alba, carpus and tarsus region.

The rules laid down in paragraph 5 for meat in pieces of less than 100 grams apply mutatis mutandis to the production of minced meat.

9. Immediately after production the minced meat must be hygienically wrapped and packaged and stored at the temperatures prescribed in Regulation 6(c).

CHAPTER IV

SPECIAL REQUIREMENTS FOR THE PRODUCTION OF MEAT PREPARATIONS.

10. Over and above the general requirements of Chapter I, and depending on the type of production concerned:

( a ) the production of meat preparations must take place under conditions of temperature control. Immediately after production, meat preparations must be forthwith cooled to the temperatures provided for in Regulation 6(c);

( b ) meat preparations made from meat which has been minced as provided for in Article 2(2)(c) of the Council Directive may be marketed only on condition that:

(i) they are frozen in accordance with Regulation 6(c)(iii) at a freezing speed of at least 1cm/H. The maximum shelf-life must not exceed six months;

(ii) they are refrigerated at a maximum core temperature of +2°C, with a mention of the sell-by date.

Meat preparations as defined in indents (i) and (ii) must be packed in dispatch units;

( c ) meat preparations other than those referred to in subparagraph (b) and intended for direct sale to the final consumer must be wrapped in indivisible commercial portions;

( d ) refreezing of meat preparations is prohibited;

( e ) meat preparations must be produced in accordance with a recipe approved by the Minister.

CHAPTER V

INSPECTION.

11. Establishments which produce meat or meat preparations as defined in Article 2(2) of the Council Directive will be subject to inspection by authorised officers of the Minister.

12. Inspection by an authorised officer may include the following tasks:

( a ) inspecting the entries of fresh meat,

( b ) inspecting the outgoing meat defined in Article 2(2) of the Council Directive,

( c ) hygiene inspection of the premises, facilities and instruments,

( d ) taking of any necessary samples and in particular those required for the microbiological tests referred to in Chapter VI.

CHAPTER VI

MICROBIOLOGICAL TESTS.

13. The production of minced meat, meat in pieces of less than 100 grams and meat preparations must be monitored by means of daily microbiological tests in a laboratory approved annually by the Minister.

To that end the owner or person in charge of the establishment must conduct a regular check on the general hygiene of conditions of production in the establishment, in particular by microbiological controls.

These controls shall cover utensils, fittings and machinery at all stages of production and, according to the type of production concerned, products.

The owner or person in charge of an establishment shall inform the Minister when the standards laid down in Section II of the Second Schedule are breached.

He must be in a position, upon request from the Minister or an authorised officer or the European Commission's veterinary experts, to inform the Minister or the authorised officer or the veterinary experts of the nature, frequency and results of the controls conducted to this end, together with the name of the investigating laboratory if need be.

14. The sample taken for analysis must comprise five units weighing 100 grams each. Where minced meat is being produced in portions intended for the final consumer, the sample must be taken from wrapped products. The samples must be representative of daily production.

15. According to the type of production concerned, samples must be examined every day for aerobic mesophile bacteria and salmonella and every week for staphylococci, Escherichia coli and sulphite-reducing anaerobes.

However,

( a ) where the standards for salmonella have been adhered to over a three-month period, the Minister may authorise weekly examinations;

( b ) in the case of products to be placed on the market frozen or deepfrozen, the Minister may waive the test for staphylococci.

16. An authorised officer may, on the basis of the results of the monitoring provided for in paragraph 13, conduct or cause to be conducted further microbiological examinations at all stages of production or on the products.

Arising from the results of the analysis provided for in this Chapter, an authorised officer may specify in a notice any measures which must be taken, within a time period set down in the notice, to rectify any shortcomings in the hygiene of the establishment.

17. If, after the expiry of 15 days starting from the time of sampling, the output from production plants or independent production units still does not meet the standards prescribed, products from such establishments may not be sent to another Member State and, from the 1st January 1996, may not be marketed within the State.

CHAPTER VII

MARKING AND LABELLING.

18. Minced meat, meat in pieces of less than 100 grams and meat preparations produced in production plants must be marked on the packaging with the health mark of the establishment as defined respectively in Chapter XI of Annex I to Directive 64/433/EEC and in Chapter VI of Annex B to Directive 77/99/EEC.

Minced meat, meat in pieces of less than 100 grams and meat preparations produced in independent production units must be marked on the packaging with the health mark of the establishment as defined in Chapter XI of Annex I to Directive 64/433/EEC and in Chapter VI of Annex B to Directive 77/99/EEC.

19. The owner or person in charge of the establishment must ensure for inspection purposes that the following information is visibly and legibly displayed on the wrapping of minced meat and meat in pieces of less than 100 grams and on meat preparations in so far as it is not required by the European Communities (Labelling, Presentation and Advertising of Foodstuffs) (Amendment) Regulations, 1991 -- S.I. No. 228 of 1991 :

( a ) where it is not clear from the sales description, the species from which the meat was obtained, and, in the case of a mixture, the percentage of each species,

( b ) the date of preparation,

( c ) the list of seasonings and of any other foodstuffs,

( d ) the words: 'percentage of fat under...'

( e ) the words: 'Collagen: meat protein ratio under....'

20. Without prejudice to paragraphs 18 and 19, where the meat defined in Article 2 (2) of the Council Directive is wrapped in commercial portions intended for direct sale to the consumer, a printed reproduction of the mark provided for in paragraph 18 must appear on the wrapping or on a label applied to the wrapping. The mark must include the establishment's approval number. The dimensions laid down in Directives 64/433/EEC and 77/99/EEC do not apply to the marking referred to in this paragraph, provided that the required information is legible.

CHAPTER VIII

TRANSPORT.

21. The meat defined in Article 2 (2) of the Council Directive must be dispatched in such a way that during transport it is protected from anything liable to contaminate it or to affect it unfavourably, having regard to the duration and conditions of transport and to the means of transport employed. In particular, vehicles used to transport the minced meat, meat in pieces of less than 100 grams and meat preparations must be equipped in such a way as to ensure that the temperatures laid down in these Regulations are not exceeded and for long-distance intra-Community trade they must be equipped with a recording thermometer to ensure that the latter requirement is fulfilled.

SECOND SCHEDULE.

COMPOSITION STANDARDS AND MICROBIOLOGICAL STANDARDS.

SECTION I

COMPOSITION STANDARDS

SECTION II MICROBIOLOGICAL STANDARDS

Production plants and independent production units must ensure that, in accordance with Chapter VI of the First Schedule and with the methods of interpretation set out below, minced meat and meat in pieces of less than 100 grams intended to be marketed without further processing or as an ingredient in meat preparations, comply with the following standards:

(¹) M = acceptability threshold, above which results are no longer considered satisfactory where M equals 10 m where the count is made in a solid medium and M equals 30 m where the count is made in a liquid medium.

(²) m = threshold below which all results are considered satisfactory.

(³) Number of units making up the sample.

(⁴) Number of units in the sample giving values between m and M.

The results of the microbiological analyses must be interpreted according to:

A. Three categories of contamination for aerobic mesophile bacteria, Escherichia coli, sulphite-reducing anaerobes and staphylococci, viz.:

(i) up to and including the criterion m,

(ii) between the criterion m and the threshold M,

(iii) above the threshold M.

1. The quality of the consignment shall be considered:

( a ) satisfactory, where all the values observed are equal to or less than 3 m where a solid medium has been used or 10 m where a liquid medium has been used;

( b ) acceptable where all the values observed are between:

(i) 3 m and 10 m (= M) in a solid medium;

(ii) 10 m and 30 m (= M) in a liquid medium and

where c/n is equal to or less than 2/5 where n = 5 and c = 2.

2. The quality of the consignment shall be considered unsatisfactory:

( a ) in all cases where values in excess of M are observed,

( b ) when c/n is > 2/5.

However, where this latter threshold has been exceeded for aerobic micro-organisms at + 30°C while all the other criteria have been fulfilled, this exceeding of the threshold must be the subject of a further interpretation, in particular in the case of raw products.

In any event, the product must be considered toxic or tainted when contamination reaches the microbic limit value S, which for general purposes is set at 10³m.

In the case of Staphylococcus aureus, the value of S must never be allowed to exceed 5 x 10⁴.

Tolerances related to analytical techniques shall not apply to the values M and S.

B. Two categories for salmonella, with no category tolerance permitted:

( a ) 'Absence in': the result is considered satisfactory,

( b ) 'Presence in': the result is considered unsatisfactory.

GIVEN under my Official Seal, this 14th day of July, 1994.

JOE WALSH,

Minister for Agriculture, Food

and Forestry.

EXPLANATORY NOTE.

The purpose of these Regulations is to implement Council Directive No. 88/657/EEC of 14 December 1988, as amended by Council Directive No. 89/662/EEC of 11 December 1989 and Council Directive No. 92/110/EEC of 14 December 1992. The Regulations lay down the requirements for the production of and trade in, minced meat, meat in pieces of less than 100 grams and meat preparations for human consumption.