S.I. No. 365/1988:

PIG CARCASE (GRADING) REGULATIONS, 1988.

PIG CARCASE (GRADING) REGULATIONS, 1988.

I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and having regard to Council Regulation (EEC) No. 2759/75 of 29 October 1975,⁽¹⁾ as amended, on the common organisation of the market in pigmeat, and Commission Regulation (EEC) No. 2806/79 of 13 December 1979,⁽²⁾ as amended, on the exchange between the Member States and the Commission of certain information concerning pigmeat, and for the purpose of implementing Council Regulation (EEC) No. 3220/84 of 13 November 1984⁽³⁾ as amended by Council Regulation (EEC) No. 3530/86 of 17 November 1986⁽⁴⁾ determining the Community scale for grading pig carcases, Commission Decision 87/293/EEC of 18 May 1987,⁽⁵⁾ authorising methods for grading pig carcases in Ireland and Commission Regulation (EEC) No. 2967/85 of 24 October 1985⁽⁶⁾ which lays down detailed rules for the application of the Community scale for grading pig carcases, hereby make the following Regulations:

⁽¹⁾OJ No. L 282, 1-11-1975, p. 1

⁽²⁾OJ No. L 319, 14-12-1979, p. 17

⁽³⁾OJ No. L 301, 20-11-1984, p, 1

⁽⁴⁾OJ No. L 326, 21-11-1986, p.8

⁽⁵⁾OJ No. L. 146, 6-6-1987, p. 66

⁽⁶⁾OJ No. L 285, 25-10-1985, p. 39

1. (1) These Regulations may be cited as the Pig Carcase (Grading) Regulations, 1988.

(2) These Regulations shall come into operation on 1 January, 1989.

2. The Pigs and Bacon Acts, 1935 to 1961 (Pigs and Bacon Commission) Grading (No. 1) Order, 1971 ( S.I. No. 257 of 1971 ), is hereby revoked.

3. (1) In these Regulations--

"authorised officer" means a person who for the time being stands appointed under Regulation 13 of these Regulations;

"carcase weight" means the weight of the carcase, obtained by deducting 2.0% from the weight recorded not more than 45 minutes after the pig has been stuck. If the 45 minute period cannot generally be observed the deduction of 2.0% shall be reduced by 0.1 for every additional quarter of an hour or part thereof that has elapsed;

"the Commission Decision" means Commission Decision 87/293/EEC of 18 May 1987;

"the Council Regulations" mean Council Regulation (EEC) No. 2759/75 of 29 October 1975, as amended, Council Regulation (EEC) No. 3220/84 of 13 November 1984, as amended by Council Regulation (EEC) No. 3530/86 of 17 November 1986, Commission Regulation (EEC) No. 2967/85 of 24 October 1985 and Commission Regulation (EEC) No. 2806/79 of 13 December 1979 as amended;

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

"operator" means the owner or person in charge of a slaughter plant;

"pig" means an animal of the porcine species which has not been used for breeding purposes;

"pig carcase" means the body of a slaughtered pig, bled and eviscerated, whole or divided down the midline, without tongue, bristles, hooves and genital organs, but with flare fat, kidneys and diaphragm;

"slaughter plant" means a premises where more than 200 pigs per week on a yearly average basis are slaughtered;

"vendor" means a person who sells a pig to a slaughter plant.

(2) A word or expression, other than a word or expression to which a particular meaning is assigned by paragraph (1) of this Regulation, that is used in these Regulations and is also used in the Council Regulations or the Commission Decision has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Council Regulations or the Commission Decision.

4. Neither the Minister nor an authorised officer shall be liable in damages to an operator, a slaughter plant or to a vendor in respect of any loss or damage incurred by the operator, the slaughter plant or the vendor and occasioned by an error in a determination under these Regulations.

5. The body of a slaughtered pig may be dressed in a manner other than that encompassed in the definition of pig carcase in these Regulations in pursuance of authorisation obtained under the provisions of Article 2.1 of Council Regulation (EEC) No. 3220/84. In such case the weight as determined by the scales shall be adjusted in accordance with the procedure set out in Annex I to these Regulations to estimate carcase weight. Only variations in dressing provided for in this Annex shall be permitted.

6. Pig carcases shall be graded at the time of weighing by estimated percentage lean meat content as determined by one of the methods authorised in the Commission Decision. The following methods are authorised for grading pig carcases in Ireland;

-- Fat-O-Meater (FOM)

-- Hennessy Grading Probe (HGP 2)

-- Introscope/midline

Details of these methods are given in Annex II to these Regulations.

The Minister may request the authorisation of further grading methods as required.

7. (1) Pig carcases shall be marked at the time of grading according to estimated percentage lean meat content to the nearest whole percentage point or with the appropriate letter grade as determined by the following scale:--

(2) Letters or numerals used for the purpose of denoting grade or estimated percentage lean meat shall be at least 2cm high. Carcases and half carcases shall be marked on the skin of the shank or ham. The marking shall be done using non-toxic, indelible and heat resistant ink. A label affixed in such a manner that it cannot be removed without being damaged shall also be an acceptable form of marking.

(3) Where pigs are slaughtered in a slaughter premises to which these Regulations do not apply the operator of such premises shall not mark such pig carcases using the grading method set out in paragraph (1) of this Regulation except with the approval of the Minister.

8. The grading scheme provided for in these Regulations shall apply to all pigs slaughtered in a slaughter plant. The process of grading and appropriate marking of carcases and half-carcases shall be the responsibility of the operator of the slaughter plant.

9. A mark or label applied pursuant to Regulation 7 of these Regulations shall not be defaced or removed or altered at any time except immediately prior to cutting up of the carcase and on the location where this cutting up takes place.

10. The operator of a slaughter plant shall operate a system of identification of pig carcases and half-carcases that is adequate to enable the estimated percentage lean meat content, weights of carcases and prices paid by slaughter plants to vendors for the pigs from which the carcases derive, to be related to the animals from which the carcases are derived and to enable each carcase to be identified.

11. The operator of a slaughter plant shall furnish to vendors at the time of payment for pigs which have been purchased and slaughtered, a statement showing carcase number, carcase weight, estimated percentage lean meat content and the total price, including any additional amounts (e.g. bonus/transport allowance etc.) paid for each pig.

12. The operator of a slaughter plant shall make, in respect of each day on which pigs are slaughtered on the premises, a clear record, for each individual pig, of carcase number, carcase weight, estimated percentage lean meat content and total price as in Regulation 11, paid to the vendor for each pig. This record shall be retained for a minimum of four weeks.

13. (1) The Minister may appoint in writing such and so many of his officers or other persons as he thinks fit to be authorised officers for the purposes of these Regulations.

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

(3) An appointment under this Regulation shall remain in force until it is withdrawn by the Minister by an instrument in writing.

(4) An authorished officer may for the purpose of ascertaining whether the provisions of these Regulations have been, or are being complied with:--

( a ) at all reasonable times enter any slaughter plant or any other premises in which he has reasonable grounds for believing that pigs are being or have been slaughtered, or where he has reasonable grounds for believing that records or other documents in relation to number of pigs slaughtered, carcase weights, estimated percentage lean meat content of pig carcases or prices paid by slaughter plants to vendors for pigs are kept, and

( b ) require the owner or the person in charge of the slaughter plant or other premises to produce to him any books, records or other documents which are in the person's control, possession or procurement and which the officer has reasonable grounds for believing to be records or documents as are referred to in subparagraph (a) of this paragraph or copies of or extracts from such records or documents and to give to him such information as he may reasonably require in regard to any entries in the books, records or other documents produced to him, and

( c ) inspect, make copies of and take extracts from any books, records or documents produced to him, and

( d ) carry out any necessary checks at a slaughter plant to ensure grading of carcases is accurate.

(5) The operator of a slaughter plant shall provide such facilities for an authorised officer as he may reasonably request for the purposes of the performance of his functions under these Regulations.

14. (1) A person who contravenes a provision of these Regulations or who makes an entry which he knows to be false in any statment or record required under these Regulations, or who fails to comply with a requirement under these Regulations or who obstructs, hinders or interferes with an authorised officer when he is exercising a power conferred by these Regulations shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1, 000.

(2) An offence under this Regulation may be prosecuted by the Minister.

ANNEX I

Weight adjustment coefficients to compensate for variations in carcase dressing,

The weight as determined by the scales shall be adjusted by the adjustment coefficient or coefficients appropriate to the dressing variation or variations applied to carcases.

ANNEX II

METHODS FOR GRADING PIG CARCASES IN IRELAND

PART I

Fat-O-Meater (FOM)

1. Grading of pig carcases is carried out by means of the apparatus termed "Fat-O-Meater (FOM)".

2. The apparatus shall be equipped with a probe of 6 millimetres diameter containing a photodiode of the Siemens SFH 950/960 type and having an operating distance of between 5 and 105 millimetres. The results of the measurements shall be converted into estimated lean meat content by means of a computer.

3. The lean meat content of the carcases shall be calculated according to the following formula:

Y = 64, 77 -- 1,4444X₁ + 0,0200X²₁+ 0,1153X₂,

where

Y = the estimated percentage of lean meat in the carcase,

X₁= the thickness of backfat (including rind) in millimetres, measured 6 centimetres off the midline of the split carcase between the third and fourth last ribs,

X₂= The thickness of muscle in millimetres, measured at the same time and in the same place as X₁,

This formula shall be valid for carcases weighing between 40 and 100 kilograms.

PART II

Hennessy Grading Probe (HGP 2)

1. Grading of pig carcases is carried out by means of the apparatus termed "Hennessy Grading Probe (HGP 2)".

2. The apparatus shall be equipped with a probe of 5,95 millimetres diameter (and of 6.3 millimetres at the blade on top of the probe) containing a photodiode (Siemens LED of the type LYU 260-EO and photodetector of the type 58 MR) and having an operating distance of between 0 and 120 millimetres. The results of the measurements shall be transformed in terms of estimated lean meat content by means of the HGP 2 itself as well as a computer linked to it.

3. The lean meat content of the carcase shall be calculated according to the following formula:

Y = 65, 54 -- 1,3498X₁ + 0,0177x²₁ + 0,0719X₂, where

Y = the estimated percentage of lean meat in the carcase,

X₁= the thickness of backfat (including rind) in millimetres, measured at 6 centimetres off the midline of the split carcase between the third and fourth last ribs,

X₂= the thickness of muscle in millimetres, measured at the same time and in the same place as X₁.

This formula shall be valid for carcases weighing between 40 and 100 kilograms.

PART III

Introscope/midline

1. Grading of pig carcases is carried out by means of the method termed "Introscope/midline".

2. The Introscope shall be equipped with a hexagonal shaped probe of a maximum width of 12 millimetres (and of 19 millimetres at the blade on top of the probe) containing a viewing window and light source, a sliding barrel calibrated in millimetres and having an operating distance of between 8 and 50 millimetres.

3. The lean meat content of the carcase shall be calculated according to the following formula:

Y = 68, 47 -- 1,1616X₁ + 0,0186X²₁ - 0,1796X₂, where

Y = the estimated percentage of lean meat in the carcase

X₁= the thickness of backfat (including rind) in millimetres, measured at 6 centimetres off the midline of the split carcase, between the third and fourth last ribs.

X₂= the minimum thickness of backfat (including rind) in millimetres measured on the midline of the split carcase, covering the lumbar muscle (M glutaeus medius).

This formula shall be valid for carcases weighing between 40 and 100 kilograms.

GIVEN under my Official Seal, this 22nd day of December, 1988.

MICHAEL O'KENNEDY,

Minister for Agriculture and

Food.

EXPLANATORY NOTE

These Regulations implement EC Regulations on the grading and marking of pig carcases at slaughter plants by estimated percentage lean meat content. They also provide for (a) authorised officers to enforce the Regulations and (b) the prosecution of offences.