The National Assembly for Wales, having been designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by that section in so far as these Regulations could not have been made under the powers in the Food Safety Act 1990 specified below, and in exercise of the powers conferred by sections 16(1)(b), (c), (d), (e) and (f), (2)(a) and (3), 17(1), 19(1)(b), 26, 45, 48(1) and 49(2) of, and paragraphs 5(1), (2) and (3), 6(1)(a) and 7(1) and (2) of Schedule 1 to, the Food Safety Act 1990[3], having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) of that Act, makes the following Regulations: Title, application and commencement 1. These Regulations may be cited as the Meat (Disease Control) (Wales) Regulations 2000, shall apply to Wales only and shall come into force on 23rd August 2000. Amendments to the Fresh Meat (Hygiene and Inspection) Regulations 1995 2. - (1) Insofar as they apply to Wales, the Fresh Meat (Hygiene and Inspection) Regulations 1995[4] shall be amended in accordance with the following paragraphs of this regulation. (2) In paragraph (3) of regulation 13 (general conditions) -
(b) the phrase "cutting premises;" shall be substituted for the phrase "cutting premises." in sub-paragraph (d); and (c) the following sub-paragraphs shall be inserted after sub-paragraph (d) -
(f) fresh meat obtained from animals which -
(ii) are susceptible to the particular disease referred to above which led to the prohibition or restriction being imposed;
(g) fresh meat obtained from a slaughterhouse while that slaughterhouse was itself under restriction by virtue of an Order made under the Animal Health Act 1981[5] following the confirmation there of foot and mouth disease, swine fever, swine vesicular disease or contagious swine paralysis (Teschen disease);
(3) In Schedule 12 (health marking) -
(b) in paragraph 2, for "Regulation 13(3)", there shall be substituted "any of sub-paragraphs (a) to (d) of paragraph (3) of regulation 13"; (c) the following paragraph shall be inserted at the end -
(b) applied with a single mark, consisting of the health mark referred to in paragraph 1 or 2 above, overstamped in accordance with sub-paragraph (a) of this paragraph.".
Amendments to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995
(ii) has not been obtained, cut, stored and transported separately or at a different time from meat which has been marked in accordance with paragraph 6 of Schedule 11;".
(3) In regulation 14, after the end of paragraph (3) there shall be inserted the following paragraph -
(4) In Schedule 11 (health marking), paragraph 6 shall be replaced by -
(ii) which, at the time of the bird's departure from the holding concerned, was under restriction by virtue of an Order made under the Animal Health Act 1981 relating to any disease to which poultry is susceptible;
(b) is obtained from any bird which has come into contact with a bird suffering from avian influenza or Newcastle disease during transport from the holding to the slaughterhouse;
(2) The health mark shall be -
(b) applied with a single mark, consisting of the health mark referred to in paragraph 1 or 4 above, overstamped in accordance with paragraph (a) of this sub-paragraph.".
Amendments to the Meat Products (Hygiene) Regulations 1994
(b) paragraph 6 of Schedule 11 to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995,
unless the meat product has undergone treatment in accordance with section D of Part VIII of Schedule 2.
(b) notwithstanding regulation 12(2), be accompanied during transportation by the health certificate referred to at regulation 12(1)(c).
(4) The meat referred to in paragraph (2) above shall be transported and stored separately or at a different time from meat which is not referred to in paragraph (2) above.",
(3) In regulation 12 (storage and transportation conditions), sub-paragraphs (b) and (c) of paragraph (1) and paragraph (2) shall be replaced by the following provisions -
(c) subject to paragraph (2) below, it is accompanied during transportation by a health certificate signed by an authorised officer of the enforcement authority at the time of loading corresponding in form and content to that specified in Schedule 4 where -
(ii) it contains meat bearing a special mark under regulation 13(2)(c) or (d) of the Fresh Meat (Hygiene and Inspection) Regulations 1995; or (iii) it is intended to be sent to a relevant EEA State after transit through a third country.
(2) The requirement for a health certificate at paragraph (1)(c) above shall not apply to a meat product in a hermetically sealed container where the product has undergone the treatment referred to in section B(a) of Part VIII of Schedule 2 and the health mark is indelibly marked on the container.
(4) Paragraph (3) of regulation 12 shall be replaced by the following -
(5) In Part VIII of Schedule 2 (special conditions) there shall be inserted at the end -
(b) in the case of a meat product which has been prepared exclusively from or with pigmeat which has been obtained from a holding or area which at that time was not subject to any restriction on health grounds following the discovery of African Swine Fever -
(ii) the meat must be enclosed in the hermetically sealed container in which it is to be marketed and must undergo heat treatment in accordance with the following conditions:
(2) After heat treatment, a health mark shall be applied to the container in accordance with the requirements of Part VI of this Schedule.
(b) provided that the disease in question is not swine vesicular disease, treatment consisting in natural fermentation and maturation of not less than nine months for de-boned or boneless hams which -
(ii) have an AW value of not more than 0.93 and a pH value of not more than 6; or
(c) if the disease in question is foot-and-mouth disease, the treatment referred to in paragraph (b) may be applied to bone-in ham which fulfils the conditions of sub-paragraphs (i) and (ii) of paragraph (b).".
(6) In the form of health certificate specified in Schedule 4 (health certificate for meat products), footnote 3 shall be replaced by -
Amendments to the Minced Meat and Meat Preparations (Hygiene) Regulations 1995
(3) After paragraph 2 of Schedule 5 (conditions for the production of meat preparations) there shall be inserted the following paragraph -
(b) meat referred to in paragraph 6 of Schedule 11 to the Poultry Meat Regulations.".
Consequential amendments
S.I. 2000/656; S.I. 2000/1885 (W. 131); the Meat (Disease Control) (Wales) Regulations 2000.";
(b) in paragraph 6, there shall be substituted for the words "; the Meat (Enhanced Enforcement Powers) (England) Regulations 2000." the following references -
S.I. 1997/1729; S.I. 1997/2074; S.I. 2000/656; the Meat (Disease Control) (Wales) Regulations 2000.";
(c) in paragraph 7, there shall be substituted for the words "; the Meat (Enhanced Enforcement Powers) (England) Regulations 2000." the following references -
S.I. 1997/1729; S.I. 2000/656; The Meat (Disease Control) (Wales) Regulations 2000.";
(d) in paragraph 11, there shall be substituted for the words "; the Meat (Enhanced Enforcement Powers) (England) Regulations 2000." the following words -
S.I. 2000/656; The Meat (Disease Control) (Wales) Regulations 2000.".
(This note does not form part of the Regulations) These Regulations (which apply to Wales only) give effect in part to the provisions of the following Council Directives relating to disease control: Council Directive 72/461/EEC on health problems affecting intra-Community trade in fresh meat (OJ No. L302, 31.12.72, p. 24 (Special edition 1972 31 Dec. (3) p. 3)), which was last amended by Council Decision 95/1/EC, Euratom, ECSC (OJ No. L1, 1.1.95, p.1); Council Directive 91/494/EEC on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultry meat (OJ No. L268, 24.9.91, p. 35), which was last amended by Council Directive 93/121/EC (OJ No. L340, 31.12.93, p.39); Council Directive 80/215/EEC on animal health problems affecting intra-Community trade in meat products (OJ No. L47, 21.2.80, p. 4), which was last amended by Council Decision 95/1/EC, Euratom, ECSC (OJ No. L1, 1.1.95, p.1); Council Directive 77/99/EEC on health problems affecting the production and marketing of meat products and certain other products of animal origin (the text of that Directive has been replaced by the text annexed to Council Directive 92/5/EEC (OJ No. L57, 2.3.92, p.1); Council Directive 94/65/EC laying down the requirements for the production and placing on the market of minced meat and meat preparations (OJ No. L368, 31.12.94, p.10). The Regulations make the following principal amendments - 1. Regulation 2 amends the Fresh Meat (Hygiene and Inspection) Regulations 1995. It provides that, where meat is obtained in circumstances where animal health restrictions in connection with certain specified diseases apply, the health mark must be overstamped. Meat which has been overstamped or which has not been produced separately from overstamped meat may not be traded with other EEA States. 2. Regulation 3 amends the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995. It provides that, where poultry meat is obtained in circumstances where animal health restrictions apply in connection with any disease to which poultry is susceptible - specifically avian influenza and Newcastle disease - the health mark must be overstamped. Meat which has been overstamped or which has not been produced separately from overstamped meat may not be traded with other EEA States. In addition, meat from a bird which has been vaccinated against Newcastle disease within 30 days of slaughter may not be traded with other EEA States. 3. Regulation 4 amends the Meat Products (Hygiene) Regulations 1994. It prohibits the use of overstamped meat in meat products which are to be traded with other EEA States, unless the meat products undergo one of the forms of treatment specified in regulation 4(5) (which amends Part VIII of Schedule 2 to the 1994 Regulations). Such meat products must be prepared under veterinary supervision and must be accompanied by a health certificate which confirms that they have been treated in accordance with the Regulations. All meat products are now required to be accompanied during transportation by commercial documentation, in addition to the requirement for a health certificate in specified circumstances. 4. Regulation 5 amends the Minced Meat and Meat Preparations (Hygiene) Regulations 1995. It restricts the use of overstamped meat in minced meat and meat preparations. 5. Regulation 6 (made under section 2(2) of the European Communities Act 1972 (c.68)) makes a number of consequential amendments to the Products of Animal Origin (Import and Export) Regulations 1996 (S.I. 1996/3124, as already amended). All the Regulations amended by these Regulations apply to Great Britain only. However, these Regulations amend them only insofar as they apply to Wales. Notes: [1] By the European Communities (Designation) (No. 3) Order 1999 (S.I. 1999/ 2788).back [3] 1990 c.16. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back [4] S.I. 1995/539, amended by S.I. 1995/731, S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/2148, S.I. 1995/3124, S.I. 1995/3189, S.I. 1996/1148, S.I. 1996/2235, S.I. 1997/1729, S.I. 1997/2074 and S.I. 2000/656.back [6] OJ No. L302, 31.12.72, p. 24 (Special edition 1972 31 Dec (3) p.3).back [7] OJ No. L1, 1.1.95, p.1.back [8] S.I. 1995/540, amended by S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/2148, S.I. 1995/3205, S.I. 1997/1729 and S.I. 2000/656.back [9] OJ No. L303, 31.10.90, p. 6.back [10] S.I. 1994/3141, amended by S.I. 1997/150.back [11] S.I. 1994/3082, amended by S.I. 1995/539, S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/3205, S.I. 1996/1499, S.I. 1999/683, S.I. 2000/656 and S.I. 2000/1885 (W. 131).back [12] S.I. 1995/3205, amended by S.I. 1996/3124 and S.I. 2000/656.back [13] S.I. 1996/3124, amended by S.I. 1997/3023, S.I. 1998/994, S.I. 1999/683, S.I. 2000/656 and S.I. 2000/1885 (W. 131). S.I. 1996/3124 has been applied by S.I. 1996/3125 to imports of fresh meat.back
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