Made | 12th May 2004 | ||
Laid before Parliament | 13th May 2004 | ||
Coming into force | 7th June 2004 |
(2) Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in the Community provisions.
(3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.
Exemption
3.
- (1) Subject to paragraph (2), the classification requirements shall not be compulsory in relation to an exempt occupier or an exempt carcase.
(2) Notwithstanding the exemptions from the classification requirements granted under paragraph (1), regulations 4, 8(2) and 10 to 14 shall apply to an exempt occupier.
Registration
4.
- (1) Every person who on 7th June 2004 is, or who on a subsequent date becomes, an occupier shall within 28 days of that date give written notice to the Secretary of State of the particulars specified in Schedule 2.
(2) A person who has given notice pursuant to regulation 4(1) of the 1991 Regulations of the particulars specified in Schedule 2 to those Regulations shall be deemed to have given notice pursuant to paragraph (1).
(3) Where any change occurs in any of the particulars required to be notified under paragraph (1) the occupier shall within 28 days of the change give written notice to the Secretary of State of particulars of the change.
(4) Where an occupier of a regulated slaughterhouse ceases to be its occupier he shall within 10 days of such cessation give written notice to the Secretary of State of -
(5) Where a regulated slaughterhouse ceases to be such a slaughterhouse its occupier shall within 10 days of such cessation give written notice to the Secretary of State of the date of such cessation.
Labelling instead of marking
5.
Subject to -
an occupier may, instead of marking a regulated carcase in accordance with Article 1(1) of the Commission Regulation, label it in accordance with Article 1(2) of that Regulation, and such labels shall be applied on the positions specified in Article 1(1) of that Regulation.
Licensed classifiers
6.
- (1) Classification shall not be carried out by any person unless he holds a licence granted under this regulation and complies with the terms and conditions of that licence.
(2) The Secretary of State may grant a licence to any person appearing to him to be qualified to carry out classification.
(3) A licence under this regulation -
Licence for automated grading
7.
- (1) Classification shall not be carried out by means of automated grading equipment at any premises unless the occupier holds a licence granted under this regulation for the use of that equipment at those premises, and complies with the terms and conditions of that licence.
(2) The Secretary of State may grant a licence to an occupier pursuant to Article 3(1a) of the Commission Regulation authorising the use of automated grading equipment for classification at premises in England.
(3) A licence under this Regulation -
Keeping, retention and production of records
8.
- (1) An occupier who is not an exempt occupier shall -
(2) An exempt occupier shall keep a record of the particulars specified in Part III of Schedule 5.
(3) A person who under paragraph (1) or (2) is required to keep a record shall -
Classifications by the MLC
9.
- (1) The MLC may, under an agreement with the occupier, carry out the classification requirements in respect of regulated carcases at a regulated slaughterhouse occupied by him.
(2) Where an agreement is made under paragraph (1) the MLC shall immediately give written notice to the Secretary of State of that agreement.
(3) The MLC shall as soon as is reasonably practicable after carrying out classification requirements provide the occupier with the particulars specified in paragraphs 1, 3 and 5 of Part I of Schedule 5 and any other details relating to those classification requirements as the occupier may reasonably require so as to enable him to give the prescribed communication and to comply with regulation 8.
(4) Where the MLC suspends or revokes an agreement under paragraph (1), it shall immediately give written notice to the occupier and the Secretary of State of that fact.
(5) Where the occupier suspends or revokes an agreement under paragraph (1), he shall immediately give written notice to the MLC and the Secretary of State of that fact.
Powers of authorised officers
10.
- (1) An authorised officer may at all reasonable hours and on producing, if so required, a duly authenticated document showing his authority, for the purpose of ascertaining whether the Community provisions or these Regulations have been or are being complied with -
(2) An authorised officer entering a regulated slaughterhouse or other slaughterhouse by virtue of this regulation may take with him such other persons and such equipment as he considers necessary.
Assistance to authorised officers
11.
An occupier, and the MLC when carrying out the classification requirements under regulation 9, shall give to an authorised officer such assistance as he may reasonably request so as to enable him to exercise any power conferred under regulation 10.
Notices
12.
- (1) A written notice to be given under these Regulations or a prescribed communication may be given -
(2) A written notice or prescribed communication may be sent to a person as mentioned in paragraph (1)(c) only if he has given his consent to the use of that method of communication.
(3) A written notice or prescribed communication sent as mentioned in paragraph (1)(c) shall be regarded as sent when the text of it is received in a legible form.
Offences and penalties
13.
- (1) If any person -
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) If any person -
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) Proceedings for an offence under paragraph (1) or (2) may, subject to paragraph (4), be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to his knowledge.
(4) No such proceedings shall be brought by virtue of paragraph (3) more than twelve months from the commission of the offence.
(5) For the purposes of paragraph (3) -
(6) If any person -
(c) applies to a regulated carcase or part of such a carcase a mark so closely resembling a mark prescribed by Article 1(1) of the Commission Regulation as to be calculated to deceive; or
(d) applies to a label attached by virtue of regulation 5 an indication so closely resembling an indication prescribed by Article 1(2) of the Commission Regulation as to be calculated to deceive,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.
(7) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of -
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
(8) For the purposes of paragraph (7), "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Defence of due diligence
14.
It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
Amendment of the Agriculture Act 1967
15.
In paragraph 10A of Part I of Schedule 1 to the Agriculture Act 1967[14] for "regulation 10 of the Beef Carcase (Classification) Regulations 1991 (undertaking of classification etc of certain carcases)" substitute "regulation 9 of the Beef Carcase (Classification) (England) Regulations 2004 (classifications by the MLC)".
Revocation
16.
The 1991 Regulations[15], the Beef Carcase (Classification) (Amendment) Regulations 1994[16] and the Beef Carcase (Classification) (Amendment) Regulations 1998[17] are hereby revoked in so far as they apply in relation to England.
Whitty
Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs
12th May 2004
(1) | (2) | (3) |
Regulations containing Community provision | Provision | Subject Matter |
1. Council Regulation (EEC) No 1208/81 determining the Community scale for the classification of carcases of adult bovine animals[18]. |
Article 3(1) Article 3(2), read with Annexes I and II Article 4(1) Article 4(2) Article 4(3) |
Categories of carcase. Classes of conformation and fat cover. Requirements as to the timing and location of classification. Requirement to identify carcases and half-carcases. Authorisation to remove external fat. |
2. Council Regulation (EEC) No 1186/90 extending the scope of the Community scale for the classification of carcases of adult bovine animals[19]. |
Article 1(1) Article 1(2) |
Requirement for regulated slaughterhouses to classify and identify regulated carcases from 1st January 1992. Requirement to give the prescribed communication. |
3. Commission Regulation (EEC) No 2930/81 adopting additional provisions for the application of the Community scale for the classification of carcases of adult bovine animals[20]. | Article 1, read with Annex | Additional provisions specifying the definition of the classes of conformation and fat cover. |
4. Commission Regulation (EEC) No 563/82 laying down detailed rules for the application of Council Regulation (EEC) No 1208/81[21]. |
Article 2 Article 3 |
Requirements as to the criterion for differentiating between categories of uncastrated male animals. Requirements as to the removal of external fat. |
5. Commission Regulation (EEC) No 344/91 laying down detailed rules for applying Council Regulation (EEC) No 1186/90[22]. |
Article 1(1) Article 1(2) Article 1(2a) Article 1(3) Article 1(4) Article 2(3) Article 3(1b) Article 3(1c) |
Requirements as to the identification of regulated carcases by marking. Requirements as to the identification of regulated carcases by labelling. Requirements as to timing of classification. Prohibition on the removal of marks and labels before boning. Requirement to indicate the category of carcase. Exemption from the identification requirements. Requirements as to identification and keeping of daily control reports where automated grading techniques are used. Provision about modification of the technical specification of automated grading techniques. |
6. Commission Regulation (EC) No 295/96 laying down detailed rules for the application of Council Regulation (EEC) No 1892/87[23]. | Article 2(1) | Requirement to record market prices. |
LICENCE TO CLASSIFY CARCASES OF ADULT BOVINE ANIMALS
This licence is granted under regulation 6 of the Beef Carcase (Classification) (England) Regulations 2004 ("the Regulations") to:
Title (Mr/Mrs etc.) . . . . . . .
Name in full . . . . . . .
of . . . . . . . (Name and head office address of employer or, if self employed, home address)and authorises you to carry out the classification of regulated carcases in accordance with the Regulations and the Community provisions specified therein.
This licence may be suspended or revoked by the Secretary of State in accordance with the Regulations.
The loss of this licence must be reported to the Department for Environment, Food and Rural Affairs ("Defra") at once. If found this licence must be handed in at the nearest police station.
Conditions
1.
The licence is valid only for use in regulated slaughterhouses in England.
2.
It is not transferable to any other person.
3.
It must be kept in your possession when you are engaged in classification or any activities associated with classification and be made available for inspection by authorised officers of the Secretary of State on demand.
4.
It becomes invalid if you leave the employment of the employer specified on this licence, or, if self employed, your home address changes.
5.
It remains the property of Defra.
6.
It must be surrendered to Defra on demand or on becoming invalid.
Issued by . . . . . . . . . . . . . . . . on (date). . . . . . . . . . . . . . . .
Signature . . . . . . . . . . . . . . . .
Chief Technical Inspector, Rural Payments Agency
(for and on behalf of the Secretary of State)
LICENCE TO CLASSIFY CARCASES OF ADULT BOVINE ANIMALS USING AUTOMATED GRADING EQUIPMENT
This licence is granted under regulation 7 of the Beef Carcase (Classification) (England) Regulations 2004 ("the Regulations") to:
Name and address of occupier . . . . . . . . . . . . . . . .
and authorises the classification of regulated carcases in accordance with the Regulations, the Community provisions specified therein and the conditions set out below using the following automated grading equipment:
. . . . . . . . . . . . . . . . (Make and serial number of automated grading equipment)at:
Address of premises . . . . . . . . . . . . . . . .
This licence may be suspended or revoked by the Secretary of State in accordance with the Regulations.
The loss of this licence must be reported to the Department for Environment, Food and Rural Affairs ("Defra") at once. If found this licence must be handed in at the nearest police station.
Conditions
1.
The licence is valid only for the use of the specified automated grading equipment at the specified premises.
2.
It is not transferable to any other person.
3.
It must be kept at the specified premises while the specified automated grading equipment is in use, and be made available for inspection by authorised officers of the Secretary of State on demand.
4.
It is limited to the classification of regulated carcases of adult bovine animals belonging to the categories A, B, C, D and E referred to in Article 3(1) of Council Regulation (EEC) No 1208/81[24].
5.
It is limited to the conformation classes (within the meaning of Article 3(2) of and Annex I to Council Regulation (EEC) No 1208/81) and fat cover classes (within the meaning of Article 3(2) of and Annex II to that Regulation) for which the specified automated grading equipment is authorised pursuant to Article 3(1a) of the Commission Regulation.
6.
It remains the property of Defra.
7.
It must be surrendered to Defra on demand or on becoming invalid.
8.
A licensed classifier must be present at the premises specified on this licence while automated grading is in use for the purpose of classification in order to identify any regulated carcases not classified by the automated grading equipment, and to classify those carcases.
Issued by . . . . . . . . . . . . . . . . on (date) . . . . . . . . . . . . . . . .
Signature . . . . . . . . . . . . . . . .
Chief Technical Inspector, Rural Payments Agency
(for and on behalf of the Secretary of State)
In addition, these Regulations introduce provision for granting licences for the use of automated grading equipment for the classification of carcases as permitted by Commission Regulation (EC) No 1215/03 (OJ No L 169, 8.7.03, p.32) (regulation 7).
A full regulatory impact assessment has not been prepared for this instrument as it has no impacts on the costs of business.
[2] 1972 c. 68; The function of the former Minister of Agriculture of making regulations under section 2(2) was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back
[5] OJ No L 160, 26.6.99, p. 21, as last amended by Council Regulation (EC) No 1782/03 (OJ No L 270, 21.10.03, p.1).back
[6] OJ No L 123, 7.5.81, p.3 as amended by Council Regulation (EEC) No 1026/91 (OJ No L106, 26.4.91, p.2 ).back
[7] OJ No L 41, 14.2.91, p.15, as last amended by Commission Regulation (EC) No 1215/2003 (OJ No L 169, 8.7.03, p.32).back
[8] 1967 c. 22; section 1 was amended by section 7 of the Agriculture Act 1986 (c. 49).back
[9] OJ No L 119, 11.5.90 p.32, as amended by the Act of Accession of the Kingdom of Norway, Republic of Austria, Republic of Finland and Kingdom of Sweden (OJ No C 241, 29.8.94, p.122).back
[10] Regulation 11 was amended by S.I. 2000/656, and Schedule 12 was amended by S.I. 1995/3124, 1995/3189, 2000/2215, 2000/2257, 2001/1508 and 2001/1512 .back
[11] Regulation 4 was amended by S.I. 1995/3189, 1996/2235, 2000/225, 2000/656 and 2001/2198.back
[12] OJ No L 68, 16.3.00, p. 22, as last amended by Commission Regulation (EC) No 1592/01 (OJ L 210, 3.8.01, p.18).back
[13] OJ No L 105, 3.5.00, p. 6.back
[14] 1967 c. 22; paragraph 10A was inserted by S.I. 1991/2242.back
[18] OJ No L 123, 7.5.81, p.3, as amended by Council Regulation (EEC) No 1026/91 (OJ No L 106, 26.4.91, p.2).back
[19] OJ No L 119, 11.5.90, p.32, as amended by the Act of Accession of the Kingdom of Norway, Republic of Austria, Republic of Finland and Kingdom of Sweden (OJ No C 241, 29.8.94, p.122).back
[20] OJ No L 293, 13.10.81, p.6, as amended by Commission Regulation (EEC) No 2237/91 (OJ No L 204, 27.7.91, p.11).back
[21] OJ No L 67, 11.3.82, p.23, as last amended by Commission Regulation (EEC) No 2181/01 (OJ No L 293, 10.11.01, p. 8).back
[22] OJ No L 41, 14.2.91, p.15, as last amended by Commission Regulation (EEC) No 1215/03 (OJ No L 169, 8.7.03, p. 32).back
[23] OJ No L 39, 17.2.96, p. 1.back
[24] OJ No L 123, 7.5.81, p.3, as amended by Council Regulation (EEC) No 1026/91 (OJ No L 106, 26.4.91, p.2).back