Imported Food Regulations 1984 (S.I. No. 1918 of 1984)

STATUTORY INSTRUMENTS 1984 No. 1918 FOOD FOOD HYGIENE The Imported Food Regulations 1984 Made 1th December 1984 Laid before Parliament - 10th December l 984 Coming into Operation Regulations 4(1), (8) and (9) and 5 - - - Remainder 1st July 1985 1st January 1985 ARRANGEMENT OF REGULATIONS PARTI PRELIMINARY 1. Title and commencement. 2. Interpretation. 3. Presumption as to food commonly used for human consumption. 4. Enforcement authorities. 5. Deferred examination. PART II ALL IMPORTED FOOD 6. Prohibition on importation of unfit food. 7. Examination of imported food. 8. Analysis of samples. 9. Spectal examination. I 0. Consent of officer of Customs and Excise. 11. Powers of officer of Customs and Excise. PART III MEAT AND MEAT PRODUCTS 12. Interpretation and application of Part III. 13. Requirements as to health marks etc for imported meat. 14. Requirements as to health certificates. 15. Lost, damaged or defective health marks and certificates. 16. Disposal of meat imported contrary to the regulations. 17. Powers of a justice of the peace. 18. Prohibition on the importation of meat required to be exported. PART IV GENERAL 19. Record to be kept of food destroyed. 20. Offences and penalties. 21. Court may include a justice who has examined the food. 22. Examination outside business hours. 23. Disputes as to compensation. 24. . Protection for officers. 25. Application of various provisions of Food Act 1984. 26. Revocations. Schedule 1. Schedule 2. Schedule 3. Schedule 4. Schedule 5. Schedule 6. Schedule 7. Schedule 8. Schedule 9. Schedule 10. Schedule 11. Schedule 12. SCHEDULES Articles of food to which Part III does not apply. Meat products which are exempt from the requirements of Regulation 14. Requirements as to health marks for imported meat. Requirements as to wrapping, packing and transport of imported meat. Meat or poultry meat in respect of which specific recognition is required. Health certificate for fresh meat for consignment to a member state of the EEC. Public Health certificate for fresh meat. Health certificate for meat products intended for consign ment to a member state of the EEC. Health certificate for meat products intended for consign ment to the United Kingdom. Health certificate for fresh poultry meat intended for consignment to a member state of the EEC. Label to be affixed to large packages of poultry meat intended for a certain destination. Revocations. The Minister of Agriculture, Fisheries and Food, the Secretary of State for Social Services and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 13 and 118 of the Food Act 1984(a) and now vested in them(b ), and of all other powers enabling them in that behalf; and the Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(c) for the purposes of section 2(2) of the European (a) 1984 C. JO. (b) In the case of the Secretary of State for Social Services by vinue ofS.I. 1968/1699, and in the case of the Secretary of State for Wales by vinue of S.I. 1978/272. (c) S.I 1972/1811. 2 Communities Act 1972(a) in relation to the common agricultural policy of the European Economic Community, in exercise of the powers conferred on them by the said section 2(2), and of all other powers enabling them in that behalf; hereby make the following regulations, after consultation in accordance with section 118(6) of the said Act of 1984 with such organisations as appear to them to be representative of interests substantially affected by the regulations (in so far as the regulations are made in exercise of the powers conferred by the said sections 13 and 118): PART I PRELIMINARY Title and commencement 1. These regulations may be cited as the Imported Food Regulations 1984 and shall come into operation as follows: (a) regulations 4(7), (8) and (9) and 5 shall come into operation on 1st July 1985, and (b) this regulation and the remaining provisions of these regulations shall come into operation on 1st January 1985. Interpretation 2. In these regulations unless the context otherwise requires "the Act" means the Food Act 1984; "appropriate Minister" means, as respects importation into England, the Minister of Agriculture, Fisheries and Food, and as respects importation into Wales, the Secretary of State for Wales; "authorised officer" means an authorised officer of an enforcing authority, and for the purposes of these regulations has the meaning otherwise assigned to it by Section 73 of the said Act of 1984; "competent authority" means an authority having power under the laws in force in any country to examine food and to certify as to its fitness for human consumption; "district" means the district of a local authority, and includes the waters of any customs port abutting on any part of the district so far as such waters are not within a port health district; "enforcing authority" means the authority responsible for the enforcement and execution of these regulations under regulation 4; "food" includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include ( a) water, live animals or birds, (b) articles and substances used only as drugs, or (a) 1972 c. 68; section 2 is subject to Schedule 2 to that Act and is to be read with section 40 of the Criminal Justice Act 1982 (c. 48). 3 253301 e• (c) milk, which has the meaning given to it in the Importation of Milk Regulations l983(a); "fresh meat" means the flesh or other edible parts of a mammal or bird, which has not been subjected to any treatment or process other than chilling, freezing, vacuum packing or packing in a controlled atmosphere and includes minced chopped or mechanically recovered meat, and meat treated by the addition of seasonings; "hovercraft" has the meaning assigned to it by section 4( l) of the Hovercraft Act l 968(b ); "importer", in relation to imported food, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of the food or in any way entitled to the custody of or control of it; "master", in relation to a ship, aircraft or hovercraft, includes the officer or any other person for the time being in charge or command of the ship, aircraft or hovercraft; "officer of Customs and Excise" includes any person acting under the authority of the Commissioners of Customs and Excise. Presumption as to food commonly used for human consumption 3. For the purposes of these regulations, any food commonly used for human consumption shall, if imported for sale or for use in the preparation of food for sale, be presumed, until the cop.trary is proved, to have been imported for sale, or, as the case may be, for use in the preparation of food for sale, for human consumption. En/ orcement authorities 4.- ( l) Subject to the provisions of this regulation and to such of the provisions of these regulations as prescribe functions to be exercised by officers of Customs and Excise, the authority responsible for the enforcement of these regulations shall be ( a) in relation to imported food which is in or unloaded in a port health district and (i) which is liable to immediate customs examination, the port health authority; or (ii) where the customs examination is deferred until the food reaches a place of destination in England and Wales, the local authority in whose district the place of destination lies; (b) in relation to imported food which is unloaded (i) elsewhere than in a port health district, or (a) S.I. 1983/1563. (b) 1968 c. 59. 4 (ii) in Scotland or Northern Ireland, the local authority in whose district the food is deposited for customs examination. (2) Where immediately prior to the commencement of these regulations the Imported Food Regulations l968(a) were enforced and executed by a local authority in any part of a port health district, these regulations shall to the same extent be enforced and executed by that authority or by any other authority to whom the functions of the first named authority have been transferred. (3) Where imported food is unloaded in the district of a port health authority or of a local authority and (aJ customs examination of the food has been completed; and (b) an authorised officer of such authority nevertheless considers it expedient (having regard to the nature of the container in which the food is imported) that (i) any examination of the food for purposes of these regulations should be deferred until the food reaches a specified place of destination elsewhere in England or Wales, or (ii) any examination of the food should take place under Scotland or Northern Ireland regulations when the food reaches a specified place of destination in Scotland or Northern Ireland; and (c) the importer gives to the port health authority or local authority of the port or airport of entry an undertaking in writing that the container has been sealed and will not be opened until it reaches the place of destination specified in the undertaking, the authorised officer shall, by the most expeditious means available, notify the receiving authority that the food (so described as to enable it to be identified) has not, by reason of the matters referred to in sub-paragraph (b) hereof, been examined under these regulations at the port or airport of entry and send them a copy of the undertaking referred to in sub-paragraph (c) hereof; and where the receiving authority are a local authority within the meaning of these regulations that authority shall thereupon become responsible for the execution and enforcement of these regulations in relation to that food. ( 4) Where under any provision corresponding to the last foregoing paragraph contained in Scotland or Northern Ireland regulations a local authority receive notification that imported food which has not been examined under those regulations has been or is being sent to a place of destination in their district, they shall thereupon become responsible for the execution and enforcement of these regulations in relation to that food. (5) Where imported food is unloaded in a district or port health district, and customs examination is def erred until the food reaches a place of destination elsewhere in the United Kingdom, the local authority or port health authority shall so inform the receiving authority. ( 6) In this regulation "Scotland or Northern Ireland regulations" means regulations with (a) S.I. 1968/97, to which there arc amendments not relevant to these regulations. 5 253307 B•2 respect to imported food in force in Scotland or Northern Ireland, as the case may be; "receiving authority" means an authority within the United Kingdom in whose area or district is situated the place of destination of any imported food, being an authority with enforcement functions under these regulations or the Scotland or Northern Ireland regulations, namely ( a) where that place is in England or Wales, a local authority within the meaning of these regulations; (b) where that place is in Scotland, a local authority within the meaning of the Food and Drug~ (Scotland) Act l956(a); (c) where that place is in Northern Ireland, a district council within the meaning of the Local Government Act (Northern Ireland) l 972(b ). (7) On the day on which this paragraph comes into operation paragraphs (l) to (6) of this regulation shall be revoked, and paragraphs (8) and (9) below and regulation 5 shall come into operation. (8) Subject to the provisions of this regulation and to such provisions of these regulations as prescribe functions to be exercised by officers of Customs and Excjse, the authority responsible for the enforcement and execution of these regulations shall be ( a) in relation to all fresh meat of mammalian origin which is in, or unloaded in (i) a port health district, the port health authority, or (ii) elsewhere than in a port health district, the local authority in whose district the food is or is unloaded; (b) in relation to imported food other than fresh meat of mammalian origin, which is in, or unloaded in, a port health district and ( i) which is liable to immediate customs examination, the port health authority; or (ii) where the customs examination is deferred until the food reaches a place of destination in England and Wales, the local authority in whose district the place of destination lies; (c) in relation to imported food other than fresh meat of mammalian origin which enters the United Kingdom elsewhere than in a port health district, the local authority in whose district the food is deposited for customs examination; (d) in relation to imported food which enters the United Kingdom in Scotland or Northern Ireland, the local authority in whose district the food is deposited for customs examination. (9) Where immediately prior to the commencement of these regulations the Imported Food Regulations 1968 were enforced and executed by a local authority in any part of a port health district, these regulations shall to the same extent be enforced and executed by that authority or by any other authority to whom the functions of the first named authority have been transferred. (a) 1956 c. 30. (b) 1972 c. 9. (NJ.). 6 Deferred examination 5.-(l) (a) Subject to the exception in sub-paragraph (b) below, paragraphs (2) and (3) shall not apply to any imported food to which Part III applies; (b) paragraph (3) of this regulation shall apply to any food to which Part III applies, where examination is deferred under Northern Ireland regulations. (2) Where imported food is unloaded in the district of a port health authority or of a local authority and (a) customs examination of the food has been completed; and (b) an authorised officer nevertheless considers it expedient (having regard to the nature of the container in which the food is imported) that (i) any examination of the food for the purposes of these regulations should be deferred until the food reaches a specified place of destination elsewhere in England or Wales; or (ii) any examination of the food should take place under Scotland or Northern Ireland regulations when the food reaches a specified place of destination in Scotland or Northern Ireland; and (c) the importer gives to the port health authority or local authority of the port or airport of entry an undertaking in writing that the container has been sealed and will not be opened until it reaches the place of destination specified in the undertaking, the authorised officer shall, by the most expeditious means available, notify the receiving authority that the food (so described as to enable it to be identified) has not, by reason of the matters referred to in sub-paragraph (b) hereof, been examined under these regulations at the port or airport of entry and send them a copy of the undertaking referred to in sub-paragraph (c) hereof; and where the receiving authority are a local authority within the meaning of these regulations that authority shall thereupon become responsible for the execution and enforcement of these regulations in relation to that food. (3) Where under any provision corresponding to the last foregoing paragraph contained in Scotland or Northern Ireland regulations a local authority receive notification that imported food which has not been examined under those regulations has been or is being sent to a place of destination in their district, they shall thereupon become responsible for the execution and enforcement of these regulations in relation to that food. (4) Where imported food is unloaded in a district or port health district, and customs examination is deferred until the food reaches a place of destination elsewhere in the United Kingdom, the local authority or port health authority shall so inform the receiving authority. (5) In this regulation "Scotland and Northern Ireland regulations" means regulations with respect to imported food in force in Scotland or Northern Ireland, as the case may be; "receiving authority" means an authority within the United Kingdom in whose area or district is situated the place of destination of any imported 7 food, being an authority with enforcement functions under these regulations or the Scotland or Northern Ireland regulations, namely ( a) where that place is in England or Wales, a local authority within the meaning of section 72 of the Act; (b) where that place is in Scotland, a local authority within the meaning of the Food and Drugs (Scotland) A-ct 1956(a); (c) where that place is in Northern Ireland, a district council within the meaning of the Local Government Act (Northern Ireland) 1972(b). PART II ALL IMPORTED Fooo Prohibition on importation of unfit food 6.- (1) No person shall import into England and Wales any food intended for sale for human consumption ( a) which has been rendered injurious to health by means of any operation described in section 1(1) of the Act; (b) which has been examined by a competent authority and found at the time of examination not to be fit for human consumption; (c) which is otherwise unfit for human consumption or is unsound or unwholesome; or (d) in the preparation of which any such food as aforesaid has been used. (2) In any proceedings for an offence against paragraph (l)(c) of this regulation, it shall be a defence for the defendant to prove that at the time when he imported the food he did not know, and could not with reasonable diligence have ascertained, that it was unfit for human consumption or unsound or unwholesome. Examination of imported food 7.- (1) An authorised officer may at all reasonable times examine any food intended for sale for human consumption which is imported into England and Wales, and where on examination it appears to the authorised officer that any such food is being or has been imported in contravention of regulation 6, he may by notice in writing to the importer and to any other person in possession of the food require that, until the food has been dealt with by a justice of the peace, it shall not, without the consent of the authorised officer, be moved from the place of examination or from any other place specified in the notice. (2) If on such examination being made it appears to an authorised officer that the food is being or has been imparted in contravention of regulation 6, he may deal with it as food falling within section 9(1) of the Act (which relates to the examination and seizure of suspected food); and subsections (2) to (4).of that section shall apply in relation to such food and to regulation 6 as they (a) 1956 c. 30. (b) 1972 c. 9. (N.I.). 8 apply in relation to food seized under that section and to section 8 of the Act (which relates to offences). (3) If the food is fresh meat, or is a meat product as defined in regulation 12(1), the following further provisions shall apply. (a) Every notice served under paragraph (l) shall (i) specify the grounds upon which it is based, and (ii) inform the person to whom it is addressed of his right to serve a counter-notice in accordance with subparagraph (d) below, if the food is subject to any of the directives specified in subparagraph (b) below. (b) The directives referred to in subparagraph (a) are Council Directive 64/433/EEC on health problems affecting intra Community trade in fresh meat(a); Council Directive 71/118/EEC on health problems affecting trade in fresh poultrymeat(b ); and Council Directive 77 /99 /EEC on he4lth problems affecting intra Community trade in meat products(c). (c) The authorised officer shall after service of the notice provide the appropriate Minister with full details of the food and the reasons for its rejection or condemnation. (d) A person served with a notice under paragraph (I) above may, within seven days of receipt thereof, serve a counter-notice in writing on the authorised officer, stating that the food is subject to one of the directives specified in subparagraph (b) above, and requiring him, before the food is dealt with by a justice of the peace, to obtain the opinion of an independent veterinary expert, to be nominated by the appropriate Minister, as to the condition of the food and the validity of any matter specified in the notice as a ground on which it is based. (e) Upon receipt of such a counter-notice the authorised officer shall inform the appropriate Minister of its contents and request the nomination by him of an independent veterinary expert for the said purpose. (/) If it appears to the appropriate Minister that the food is food which is not subject to any of the directives specified in subparagraph (b) above, he shall so inform the person serving the notice under subparagraph (d), whereupon the food shall be dealt with by a justice of the peace. (g) If it appears to the appropriate Minister that the food is food which is subject to any of the directives specified in subparagraph (b) above, he shall consult the Commission of the European Economic Community as to the nomination of an appropriate independent veterinary expert, who shall be a national of a member state of the said Community other than the exporting country or the United Kingdom. (h) The appropriate Minister shall nominate an independent veterinary (a) OJ. No. Ll21, 29.7.1964, p.23. (b) O.J. No. L55, 8.3.1971, p.23. (c) O.J. No. L26, 31.1.1977, p.85. 9 expert, acting on the advice of the Commission of the European Economic Community, to determine (i) whether the food is being, or has been, imported in contravention of regulation 6, and (ii) the accuracy and relevance of any matter specified under subparagraph (a)(i) above as a ground on which the notice served under paragraph (I) above was based. (i) The independent veterinary expert so nominated shall examine the food and determine the matters referred to in subparagraph (h) above, and shall give his written opinion thereon to the authorised officer. (j) Within seven days of receipt by him of that written opinion the authorised officer (i) shall make it available to the person who, under subparagraph (d) above, has required it to be obtained, and (ii) may rescind the notice given by him under paragraph (1) above by serving written notice to that effect on that person. (k) If, within seven days after receipt by him of that written opinion the authorised officer has not rescinded the notice given by him under paragraph (1) above, the food shall be dealt with by a justice of the peace. Analysis of samples 8. In any case where under section 78 of the Act (which confers powers of sampling) a sample has been procured for the purposes of these regulations by an authorised officer of a port health authority and submitted for analysis to a public analyst, section 79 of the Act (which relates to the analysis of samples) shall apply as though the sample had been procured within the area of the food and drugs authority which appointed the public analyst to whom it is submitted. Special examination 9.- (I) Where an authorised officer is of the opinion that a special procedure is necessary for the examination of food, or where at the request of the importer he has recourse to such special procedure, the importer shall provide all such facilities as the authorised officer may reasonably require for the examination of such food. (2) An authorised officer may by notice in writing to the importer or to any other person in possession of the imported food prohibit or restrict the removal or delivery of the food during any period, not exceeding six days ( exclusive of Saturdays, Sundays and public holidays), which may reasonably be required for the examination of the food; and the notice shall specify the period and the procedure required for that examination. (3) When a notice under paragraph (2) of this regulation has been given to an importer or to any other person in possession of the imported food he may appeal against the notice to a magistrates' court, and the court may direct that the notice be withdrawn or that such shorter period be fixed as appears reasonable in the circumstances. IO Consent of officer of Customs and Excise 10. Where the duties of an officer of Customs and Excise with regard to the examination of a cargo or consignment comprising food have not been wholly discharged, no examination of the food shall be made or sample procured for the purposes of these regulations without his consent; but every officer of Customs and Excise shall afford such facilities as the circumstances require for such examination of the food to be made or sample to be taken. Powers of officer of Customs and Excise 11.- (I) An authorised officer may request an officer of Customs and Excise (either orally or in writing) to prohibit the removal of imported food which has not been cleared from customs charge until it has been examined by an authorised officer, and such a request may be made in relation to a particular consignment of food or in relation to food of any class or description specified in the request. A request made orally under this paragraph shall be confirmed in writing. (2) Where a request has been made under the last preceding paragraph, the officer of Customs and Excise shall by notice in writing given to the importer or master of the ship, aircraft or hovercraft in which the food is imported require that, until the food has been examined by an authorised officer, it shall not be removed from the place specified in the notice, and he shall at the same time inform the enforcing authority of the effect of the notice. (3) An authorised officer shall, without undue delay, examine any food in respect of which a notice has been given by an officer of Customs and Excise under this regulation and shall send to that officer a copy of any notice or certificate issued by him in accordance with these regulations, or a statement in writing of any action taken by him under any other provision of these regulations in respect of that food. ( 4) Where an officer of Customs and Excise has given notice under paragraph (2) of this regulation forbidding removal of any food, such food shall not, prior to its inspection by an authorised officer, be removed by any person contrary to the terms of the notice except with the written permission of either such officer. PART III MEAT AND MEAT PRODUCTS Interpretation and application of Part Ill 12.- ( 1) In this Part "bulk lard" means lard or any other rendered mammal or poultry fat transported unpackaged in the tank of a ship, aircraft, hovercraft or road vehicle; "carcase" means the whole body of a slaughtered animal or bird after bleeding, skinning (except pigs) or plucking, evisceration (including removal of the thick skirt and kidneys) and removal of the limbs at the carpus (except birds) and tarsus, the head, the tail ( except birds) and the udder; "designated person" means a person having power under the laws in force 11 2s3301 c• in a country of origin to examine food and to certify as to its fitness for human consumption; "health mark" means a label, mark, seal, brand, stamp or other voucher; "meat product" means any product prepared wholly or partly from fresh meat (which has undergone treatment to ensure a certain degree of preservation) but excluding fresh meat and those products specified in Schedule I; "Ministers" means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly; "offal" means fresh meat other than that of the carcase as defined in this paragraph, whether or not naturally connected to the carcase; "package" means an outer container of any material into which any fresh meat or meat product is placed, but shall not include a bulk container which may become part of a road vehicle or of a trailer to such a vehicle; and "packaging" shall be construed accordingly; "pig" includes a boar, sow and hog; "poultry" means domestic fowls, turkeys, guinea fowls, ducks and geese; "scraps and trimmings" means small pieces and trimmings being muscular or other tissues or fat weighing less than one hundred grammes, whicn have been removed from an animal during the preparation of wholesale cuts, the boning, cutting or trimming of fresh meat or the preparation of fresh meat for the retail trade; "transport" means the movement or conveyance of any fresh meat or meat product from one place to another place; ''wrapping" means the protection of fresh meat or meat product by the use of an initial wrapping of any material or initial container in direct contact with the fresh meat or meat product concerned, and also the initial wrapping material or initial container itself, and ''wrapped" shall be construed accordingly. (2) This Part applies to any fresh meat, or meat product, but does not apply to any article of food specified in Schedule 1. Requirements as to health marks etc for imported meat 13.- (1) No person shall import into England and Wales for sale for human consumption any fresh meat, meat product or bulk lard unless it bears a health mark which (aJ shall be so placed as to be legible and clearly visible; (b) conforms to the requirements of Schedule 3; and (c) is recognised by the Ministers in accordance with paragraph (3) of this regulation. (2) No person shall import into England and Wales for sale for human consumption any fresh meat or meat product unless it has been wrapped and packed, and is transported, in accordance with the requirements of Schedule 4. (3) The Ministers shall recognise a health mark which appears to them to show 12 (a) that the fresh meat to which it relates, or the meat from which the meat product to which it relates was prepared, was derived from mammals or birds inspected before and immediately after death, or in the case of mammals or birds killed when wild, was derived from mammals or birds inspected immediately after death only, and passed in accor dance with criteria satisfactory to the Ministers; and (b) that the dressing, packing and other preparation of the fresh meat or meat product was carried out with all necessary precautions for the prevention of danger to health, by means of a notice published in the London Gazette, and the recognition may be made subject to conditions which shall be specified in the notice; and any such reco~tion or condition may be varied or revoked by a subsequent notice so published. ( 4) In relation to any fresh meat of a description specified in Schedule 5, there shall be included in the notice referred to in paragraph (3) of this regulation a statement to the effect that the recognition conferred by the notice extends to that description of fresh meat; and any such notice which does not contain a statement to that effect shall be deemed not to confer any recognition in respect of any description of meat set out in Schedule 5. Requirements as to health certificates 14.-(l) No person shall import into England and Wales for sale for human consumption any fresh meat which is derived from domestic bovine animals (including buffalo), swine, sheep, goats, solipeds or poultry, or any meat product ( other than a product listed in Schedule 2) in the preparation of which any such fresh meat was used, unless it is accompanied by a health certificate which is valid in accordance with the requirements of paragraph (2) of this regulation. (2) A health certificate is valid if ( a) in the case of a certificate which relates to fresh meat which is derived from domestic bovine animals (including buffalo), swine, sheep, goats or solipeds imported from the Channel Islands or from any member state of the European Economic Community it corresponds in form and content to the model in Schedule 6, and it contains the information specified in that model; (b) in the case of a certificate which relates to fresh meat which is derived from domestic bovine animals (including buffalo), swine, sheep, goats or solipeds imported from any country not being the Channel Islands or a member state of the European Economic Community, it corresponds in form and content to the model in Schedule 7, and it contains the information specified in that model; (c) in the case of a certificate which relates to meat products imported from the Channel Islands or any country of the European Economic Community, it corresponds in form and content to the model in Schedule 8 and it contains the information specified in that model; (d) in the case of a certificate which relates to meat products imported from any country not being the Channel Islands or a member state of the European Economic Community, it corresponds in form and 13 2sno1 c•2 content to the model in Schedule 9 and it contains the information specified in that model; (e) in the case of a certificate which relates to poultry meat, it corresponds in form and content to the model in Schedule IO and contains the information specified in that model; (f) it is expressed at least in the English language; and (g) it is issued by a designated person. Lost, damaged or defective health marks and certificates 15.- (I) In any case where the importation into England and Wales of any fresh meat or meat product is not permitted by an authorised officer, having regard to the provisions of regulation 13 or 14, he may forthwith notify the appropriate Minister to that effect, and in that case shall furnish him with all relevant information in his possession. (2) On receipt of such notification and information the appropriate Minister shall make such enquiries as he considers appropriate, and shall communicate the results of his enquiries to the authorised officer. (3) If, after taking into consideration the results of the appropriate Minister's enquiries, and after consultation with the appropriate Minister, the authorised officer is satisfied that ( a) the fresh meat or meat product originally came from a country in respect of which a health mark is for the time being recognised by the Ministers pursuant to regulation 13; (b) the fresh meat or meat from which the meat product was prepared, was derived from mammals or birds, as the case may be, inspected before and immediately after death, or in the case of mammals or birds killed while wild, was derived from mammals or birds inspected immediately after death only, by a designated person and passed in accordance with criteria satisfactory to the Mini&Lers; and (c) the dressing, packing and other preparation of the fresh meat or meat product were carried out with all necessary precautions for the prevention of danger to health, and notifies the appropriate Minister in writing to that effect, the provisions of regulations 13 and 14 shall have effect in relation to the fresh meat or meat product as if it had been accompanied by a health mark or certificate or both in compliance with the relevant requirements of those regulations. Disposal of meat imported contrary to the regulations 16.- (1) If upon examination of any food an authorised officer is of the opinion that it comprises any fresh meat or meat product imported into England and Wales in contravention of the provisions of regulation 13 or 14or that it comprises any fresh meat or meat product to which regulation 15(1) applies, he shall notify in writing the importer, or the master of the ship, arrcraft or hovercraft or the driver of the road vehicle in which the food is so imported that any such meat or meat product must not be removed for any purposes other than its exportation from England and Wales. 14 (2) Unless the authorised officer proposes to notify the appropriate Minister under regulation 15( I), any notice served under paragraph (I) shall ( a) specify the grounds upon which it is based; (b) notify the person to whom it is addressed of his right to serve a counter-notice in accordance with subparagraph (5)(b) below, if the food is subject to :my of the directives specified in regulation 1(3)(b); and (c) notify the person to whom it is addressed that the food may be destroyed or disposed of, so that it cannot be used for human consumption, unless (i) within a time specified in the notice, being not less than seven days after receiving the notice, the importer gives a written undertaking to the authorised officer to export the food at his own expense within fourteen days from the date of the undertaking, or to prove in proceedings before a justice of the peace, that the importation or removal of the food into England and Wales is not contrary tc regulations 13 or 14; (ii) within seven days after the written opinion of an independent veterinary expert has been made available to him under paragraph (14) below, the importer gives a written undertaking to the authorised officer in the terms required under subparagraph (c) (i) above; or (iii) the authorised officer rescinds the notice. (3) In the case of food in respect of which the authorised officer proposes to notify the appropriate Minister under regulation 15( 1 ), the notice referred to in paragraph (2) above shall be given if, after completion of the enquiries and consultation required under regulation 15(3), the authorised officer fails to notify the appropriate Minister that he is satisfied as to the matters set out in regulation 15(3). (4) The authorised officer shall, after service of a notice under paragraph (2) above, provide the appropriate Minister with full details of the food and the reasons for its rejection or condemnation. (5) A person served with a notice under paragraph (2) above, may (a) within the time specified in the notice, give an undertaking in writing to the authorised officer (i) to export the food to which the notice relates, at his own expense, within fourteen days after the date of the undertaking; or (ii) to prove in proceedings before a justice of the peace that the importation or removal of the food into England and Wales is not contrary to regulations 13 or 14; or (b) within seven days after service of the notice, serve a counter-notice in writing upon the authorised officer, stating that the food is food which is subject to one of the directives specified in regulation 1(3)(b), and requiring him to obtain the opinion of an independent veterinary expert, to be nominated by the appropriate Minister, as to the condition of the food and the validity of any matter specified in the notice as a ground on which it is based. 15 (6) If within the time specified in any notice given under paragraph (2) above, the authorised officer has not received either a counter-notice or such written undertaking as described in the notice, or if within that ti.me, the authorised officer has received an undertaking that the importer will, at his own expense, export the food and the importer has failed to export it within fourteen days after receipt of the undertaking, the authorised officer may supervise its destruction or disposal by such means and in such manner as to prevent it from being used for human consumption. (7) Where in pursuance of this regulation, the importer has given an undertaking to prove that the importation or removal of the food into England and Wales is not contrary to regulations 13 or 14, the authorised officer shall, within 24 hours after receipt of the undertaking, take steps to obtain the decision of a justice of the peace with respect thereto. (8) If upon examination of any food in respect of which an officer of Customs and Excise has given a notice under regulation 11, an authorised officer is of the opinion that its importation or removal into England and Wales is not contrary to regulations 13 or 14, he shall give a certificate authorising its removal unless he takes action in respect of it under any other provision of these regulations. (9) Upon receipt of a counter-notice served under paragraph (S)(b) above, the authorised officer shall inform the appropriate Minister of its contents and request the nomination by him of an independent veterinary expert for the said purpose. ( l 0) If it appears to the appropriate Minister that the food is food which is not subject to any of the directives specified in regulation 7(3)(bJ, he shall so inform the person serving the notice under paragraph (S)(b) above, whereupon the importer may give an undertaking in accordance with paragraph (2)(cJ(i) above, failing which the authorised officer may take appropriate action under paragraph (6) above. (11) If it appears to the appropriate Minister that the food is food which is subject to any of the directives specified in regulation 7(3)(bJ, he shall consult the Commission of the European Economic Community as to the nomination of an appropriate independent veterinary expert, who shall be a national of a member state of the said Community other than the exporting country or the United Kingdom. (12) The appropriate Minister shall nominate an independent veterinary expert, acting on the advice of the Commission of the European Economic Community to determine (aJ whether the food is being, or has been, imported in contravention of regulations 13 or 14; and (b) the accuracy and relevance of any matter specified under paragraph (2)(b) above as a ground on which the notice served under paragraph (2) .above was based. (13) The independent veterinary expert so nominated shall examine the food and determine the matters referred to in paragraph (2)(a) above, and shall give his written opinion thereon to the authorised officer. 16 (14) Within seven days of receipt by him of the written opinion, the authorised officer (i) shall make it available to the person who, under paragraph (5)(bJ above, has required it to be obtained, and (ii) may rescind the notice given by him under paragraph (2) above by serving written notice to that effect on that person. (15) If, within seven days after receiving the written opinion, the authorised officer has not rescinded the notice given by him under paragraph (2) above, the importer may give to the authorised officer a written undertaking in accordance with paragraph (2)(cJ(ii) above, failing which the authorised officer may take appropriate action under paragraph (6) above. (16) Where, in pursuance of paragraph (1) above, an authorised officer has given a notice forbidding the removal of any food, it shall not be removed by any person contrary to the terms of the notice except with the written permission of the authorised officer. Powers of a justice of the peace 17.- (1) Where, in pursuance of regulation 16, an application is made to a justice of the peace in respect of any fresh meat or meat product and he is satisfied that the importer has failed to prove that the importation or removal into England and Wales of the fresh meat or meat product was not contrary to the provisions of regulation 13 or 14, he shall condemn the fresh meat or meat product and order it to be destroyed or disposed of under the supervision of an authorised officer by such means and in such manner as to prevent it from being used for human consumption. (2) Where on such.application the justice of the peace is satisifed that the importation or removal into England and Wales of the fresh meat or meat product is not contrary to the provision of regulation 13 or 14 he shall order the rescission of the notice prohibiting its removal. Prohibition on the importation of meat required to be exported 18. No person shall land in England and Wales any fresh meat or meat product in respect of which a notice has been given under regulation 16( 1) or any other regulation to the like effect then in force in any part of the United Kingdom, the Channel Islands or the Isle of Man. PART IV GENERAL Record to be kept off ood destroyed 19. Where in pursuance of these regulations any food is destroyed or otherwise disposed of under the supervision of an authorised officer, the enforcing authority, before the destruction or other disposal of the food, shall cause a description of, and such other details as will suffice to identify, the food to be recorded and shall keep the record in their custody for a period of not less than 12 months from the date of destruction or other disposal of the food. 17 Offences and penalties 20. If any person contravenes or fails to comply with any of the provisions of these regulations, he shall be guilty of an offence and shall be liable: ( a) on summary conviction to a fine not exceeding £2,000, and (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both. Court may include a justice who has examined the food 21. The justice of the peace before whom any food is brought under regulation 7 or 16 may, but need not, be a member of the court before which a person is charged with an offence under regulation 6, 13 or 14, as the case may be, in relation to the food. Examination outside business hours 22.- (1) The erovisions of this regulation shall apply to an enforcing authority responsible under regulation 4 for the enforcement of these regulations at any port or airport which, by virtue of the implementation of Article 5 of Council Directive Number 83/643/EEC(a) on the facilitation of physical inspections and administrative formalities in respect of the carriage of goods between Member States, is required to be open. (2) Where an importer specifically requests an enforcing authority, to which this regulation applies, during the busmess hours of that authority, and for sound reasons, to carry out for the purposes of these regulations at a specified time outside business hours any examination of food intended for sale for human consumption which is imported into England or Wales from a Member State, the enforcing authority shall arrange for an authorised officer to carry out such examination as he may consider necessary at that time. (3) An enforcing authority may, in respect of any examination carried out in pursuance of paragraph (2) of this regulation, make such charge (if any) as the authority considers reasonable for that service. (4) Any charge made by an enforcing authority by virtue of paragraph (3) of this regulation shall be payable by the importer making the request. (5) Any charge due to an enforcing authority by virtue of this regulation may (without prejudice to any other method of recovery) be recovered summarily as a civil debt. Disputes as to compensation 23. Any dispute as to compensation arising under these regulations shall be determined, and any compensation awarded thereunder shall be recoverable, in like manner as if the dispute had arisen or the award had been made under the Act, and section 121 of the Act (which relates to disputed compensation) shall apply accordingly. (a) OJ. No. L359, 22.12.1983, p.8. 18 Protection for officers 24. Section 128 of the Act (which relates to protection for local government officers acting in good faith) shall have effect for the purposes of these regulations as if references therein to that Act were references to these regulations. Application of various provisions of Food Act 1984 25.- (1) Subject to paragraph (2) of this regulation, the following provisions of the Act shall apply for the purposes of these regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these regulations: ( a) section 95(5) and (6) (which relates to prosecutions); (b) section 97(1), (2) and (3) (which relates to evidence of analysis); (c) section 99 (which relates to the power of a court to require analysis by the Government Chemist); (d) section 100(1) and (2) (which relates to a contravention due to some person other than the person charged); (e) section 102(2) (which relates to the conditions under which a warranty may be pleaded as a defence); (/) section 103 (which relates to offences in relation to warranties and certificates of analysis). (2) Section 99 of the Act shall apply for the purposes of these regulations as if the reference therein to section 95(6) of the Act included a reference to that subsection as applied by paragraph (I) of this regulation. Revocations 26. The regulations specified in Schedule 12 are hereby revoked. In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th November 1984. (L.S.) 7th December 1984. 26th November 1984. Michael Jopling, Minister of Agriculture, Fisheries and Food. 19 Norman Fowler, Secretary of State for Social Services. Nicholas Edwards, Secretary of State for Wales. SCHEDULE I Regulation 12(1) and (2) ARTICLES OF Fooo To WHICH PART III DOES NOT APPLY Vitamin concentrates containing meat. Pharmaceutical products containing meat. Gelatine. Rennet. Meat products, of which meat is not a principal ingredient and which do not contain fragments of meat. SCHEDULE2 Regulation 14( l) MEAT PRODUCTS WHICH ARE EXEMPT FROM THE REQUIREMENTS OF REGULATION 14 I. Meat extracts, meat consomme and stock, meat sauces and similar products not containing fragments of meat; 2. Whole, broken or crushed bones, meat peptones, meat powder, pork-rind powder, blood plasma, dried blood, dried blood plasma, cellular proteins, bone extracts and similar products; 3. Fats melted down from animal tissues; 4. Stomachs, bladders and intestines, cleaned and bleached, salted or dried; 5. Products containing fragments of meat, but which contain a quantity of meat or meat product not exceeding ten per cent of the total weight of the final product ready for use, after preparation m accordance with the instructions for use issued by the manufacturer. SCHEDULE3 REQUIREMENTS As To HEALTH MARKS FOR IMPORTED MEAT Regulation 13(1) 1. The meat of all solipeds, ruminating animals and swine, and venison shall bear a health mark as specified below. (a) A health mark shall before importation have been applied to the meat on all carcases, half-carcases, quarter-carcases and half-carcases cut into no more than three pieces and to livers. The health mark shall have been applied either by hot branding or stamping with marking ink, and shall have been applied in the following places: (i) the external surface of the thighs, loins, back, breast and shoulder of each carcase weighing more than sixty-five kilograms; 20 and (ii) the external surface of the thighs and on the shoulders of all other carcases. (b) Livers of bovine animals, swine and solipeds shall bear a health mark which has been applied by hot-branding. (c) If meat has been wrapped and packaged in accordance with Schedule 4, the packaging shall bear a health mark; in addition such meat may also bear a health mark. (d) Cuts of meat and offal, other than livers, which have not been wrapped or packaged, shall bear a health mark which has been applied by hot branding or by a stamping with marking ink. (e) Meat including pieces weighing less than 100 grammes, shall be wrapped and packaged and a health mark shall be borne on both the wrapping and packaging. (/) Portions of meat wrapped for direct retail sale shall bear a health mark on both the wrapping and packaging. 2. Poultry meat shall bear a health mark in the manner following: ( a) large packages containing poultry carcases which may be consigned from a poultry slaughterhouse to either: (i) a poultry cutting plant for cutting the carcases, or, (ii) restaurants, canteens, institutions or similar outlets for direct supply to a final consumer after preparation of the poultry meat by a process involving the application of heat, or similar packages of poultry carcases which may be consigned from a poultry cutting plant to a meat products plant for treatment, shall bear a health mark and also a label in the form which is described in Schedule 11; (b) individual carcases shall bear a health mark on the wrapping or on the carcase in such a manner that it is clearly visible under the wrapping, and also on any packaging; (c) large packages containing cuts of poultry meat and offal which may be consigned from a poultry slaughterhouse or a poultry cutting plant to a meat products establishment for treatment shall bear a health mark and also a label in the form which is described in Schedule 11; (d) the wrapping and packaging of individual cuts of poultry meat and off al shall bear a health mark. 3. Fresh meat, other than that to whkh paragraph 1 or paragraph 2 applies, shall bear a health mark which shall have been applied: (a) either to the meat or to the wrapping thereof, and (b) to any packaging thereof. 4. Meat products shall bear a health mark which shall have been applied: (a) either to the meat product or to the wrapping thereof 21 and (b) to any packaging thereof. 5. Bulle lard shall be presumed to bear a health mark in the following circumstances: (a) a health mark shall accompany any bullc lard which is transported in any ship, aircraft, hovercraft or road vehicle; (b) the health mark shall indicate the position of any tank containing lard, to which it may relate, in any ship, aircraft or hovercraft in which such lard is transported; (c) the health mark shall state the quantity of lard carried in any tank containing such lard; and ( d) a health mark shall contain a certificate to the effect that any tank, pipe and pump which may have been used for the loading of such lard into the tank had been inspected and found to be clean before the loading of the lard into the tank. 6. In all cases where a health mark has been applied to packaging, or is printed on packaging, it shall have be.:n applied or printed in such a manner so that the health mark shall be destroyed when the package is opened, unless the packaging is not capable of being used again as packaging. SCHEDULE4 REQUIREMENTS As To WRAPPING, PACKING AND TRANSPORT OF IMPORTED MEAT Regulation 13(2) 1. The wrapping of fresh meat or meat products shall comply with the following conditions: ( a) it shall be transparent and colourless, unless it fulfils, at the same time, the protective requirements of packaging; (b) it shall not alter the organoleptic characteristics of the meat; (c) it shall not be capable of transmitting to the meat any substances harmful to human health; (d) it shall not be used again for wrapping meat, but earthenware containers for meat products and wrappings which fulfil the protective r~uirements of packaging may be used again after cleaning and dismfection. 2. Poultry carcases, parts of poultry or poultry offal shall be suitably enclosed in wrapping; 3. The packasing of fresh meat or meat products shall comply with the following condiuons: 22 (a) it shall be strong enough to ensure the effective protection of the meat during transportation and handling; (b) it shall not contain fresh meat of more than one species of animal; (c) it shall not be used again for a similar purpose, unless it is made of impervious and corrosion-resistant materials, which are easy to clean, and it has first been cleansed and disinfected. 4. Fresh meat and meat products shall be transported in sealed means of transport, designed and equipped in such a manner so that the following temperatures for the meat are maintained during the course of transport: (a) for carcases and cuts (excluding -not higher than+ 7°C (chilled) rabbit meat, hare meat and poultry meat) -not higher than- l2°C (frozen) (b) for offals (excluding rabbit offals, hare offals and poultry offals) -not higher than+ 3 ·c (c) for rabbit meat, hare meat, poultry meat, rabbit offals, hare offals and poultry offals -not higher than+ 4 • C (d) for meat products -temperature as specified on the label (when appropriate) 5. Fresh meat shall not be transported in a vehicle or container which is not clean or has not been disinfected before use. Vehicles or containers used for this purpose shall not show any evidence of having been used for the transport of live animals or birds. 6. Fresh meat and meat products shall not be transported in a vehicle or container with any other products likely to contaminate or to affect the hygiene of the meat, unless appropriate precautions are taken to prevent such an occurrence. SCHEDULE 5 Regulation 13( 4) MEAT OR POULTRY MEAT IN RESPECT OF WHICH SPECIFIC RECOGNITION Is REQUIRED l. Fresh meat comprising, or forming part of, the head of any animal or bird. 2. Any part of a carcase which has been chopped or minced, with or without the addition of any spices, cereal products, salt, flavouring, vegetables or other ingredient. 3. Scraps and trimmings. 4. Boneless veal appearing to an authorised officer to be from calves less than three months old. 23 SCHEDULE 6 HEALTH CERTIFICATE Regulation 14(2)(a) for fresh meat for consignment to a Member State (1) of the EEC No (2) ............. . Exporting country .................................................................................................................... . Ministry ..................................................................................................................................... . Department ............................................................................................................................... . Ref ........................................................................................................................................... . (Optional) I. Identification of meat Meat of ............................................................................................................................. . (Animal species) Nature of cuts .................................................................................................................. . Nature of packaging ........................................................................................................ . Number of cuts or packages .......................................................................................... . Month(s) and year(s) when frozen ................................................................................ . Net weight ........................................................................................................................ . II. Origin of meat Address(es) and veterinary approval number(s) of the approved slaughterhouse(s) Address(es) and veterinary approval number(s) of the approved cutting plant(s) Address(es) and veterinary approval number(s) of the approved store(s) III. Destination of meat The meat will be seen from ............................................................................................ . (Place of loading) to ·······••u••····················· .. ······································ ...................... . (Country and place of destination) by the following means of transport (3) ....................................................................... . Name and address of consignor ..................................................................................... . Name and address of consignee ..................................................................................... . IV. Health attestation 'I, the undersigned official veterinarian, certify that the meat described above was obtained under the conditions governing production and control laid down in 24 Directive 64/443/EEC on health problems affecting intra-Community trade in fresh meat and that it is, therefore, considered as such to be fit for human consumption.' Done at. ............................................................ on ........................................................... .. (Signature of the official veterinarian) (I) Fresh meat: in accordance with the Directive referred to in IV of this certificate, this means all parts fit for human consumption from domestic bovine animals, swine, sheep and goats and solipeds which have not undergone any preserving process; however, chilled and frozen meat shall be considered to be fresh meat. (2) Optional. (3) In the case of rail trucks and lorries, state the registration number, in the case of aircraft the flight number, and in the case of boats the name, and where necessary the number of the container. SCHEDULE 7 PUBLIC HEALTH CERTIFICATE Regulation l4(2)(b) for fresh meat (1) intended for ........................... (Name of EEC Member State) No .............. (2) Exporting country .................................................................................................................... . Ministry ..................................................................................................................................... . Department ............................................................................................................................... . Rr{ ........................................................................................................................................... . (Optional) I. Identification of meat: Meat of ........................................................................................................................... . (Animal species) Nature of cuts .................................................................................................................. . Nature of packaging ........................................................................................................ . Number of cuts or packages .......................................................................................... . Month(s) and year(s) when frozen ................................................................................ . Net weight ........................................................................................................................ . II. 0~ of meat: Ad~es) and veterinary approval number(s) of the approved slaughterhouse(s) Address(es) and veterinary approval number(s) of the approved cutting plant(s) 25 Address(es) and veterinary approval number(s) of the approved store(s) III. Destination of meat: The meat will be sent from: ........................................................................................... . (Place of loading) to· ............................................................................................... . (Country and place of destination) by the following means of transport (3) ....................................................................... . Name and address of consignor ..................................................................................... . Name and address of consignee ..................................................................................... . IV. Health attestation I, the undersigned, official veterinarian. certify that: a) - the meat described above (4), the label affixed to the packages of meat described above (4), bear(s)(4) a mark to the effect that the meat comes wholly from animals slaughtered in slaughterhouses approved for exporting to the country of destination; b) the meat was obtained under the conditions governing production and control contained in Council Directive 72/462/EEC and that it is therefore considered as such to be fit for human consumption; c) the meat has been cut in an approved cutting plant (4); d) the meat has/has not been subject to an examination for trichinosis or, where Article 3 of Directive 77 /96/EEC applies, has undergone cold treatment; e) the means of transport and the loading conditions of meat of this consignment meet the hygiene requirements laid down in respect of export to the country of destination. Done at ................................................................ on ............................................................... . (Signature of the official veterinarian) (I) Fresh meat within the meaning of Article 2(b) of Directive 64/433/EEC. (2) Optional. (3) For railway wagons or goods vehicles the registration number should be given, for aircraft the flight number and for ships the name. (4) Delete as appropriate. SCHEDULE 8 Regulation 14(2)(c) HEALTH CERTIFICATE FOR MEAT PRODUCTS(}) INTENDED FOR CONSIGNMENT To A MEMBER STATE OF THE EEC No (2) ............. . Exporting country: ................................................................................................................... . Ministry· .................................................................................................................................... . Department concerned: ........................................................................................................... . Ref. (2) ....................................................................................................................................... . 26 I. Identification of meat products Products manufactured with meat from: ...................................................................... . (Animal species) Nature of products (3): .................................................................................................. . Nature of packaging: ..................................................................................................... . Number of individual items or of packages: ............................................................... . Storage and transport temperature (4): ........................................................................ . Storage life (4): ............................................................................................................... . Net weight: ....................................................................................................................... . II. Meat products from Address(es) and veterinary approval number(s) of approved processing establish ment(s)· ............................... : ............................................................................................. . Ill. Destination of meat products The meat products will be seen from: ......................................................................... . (Place of loading) to· ....................................................................................................................................... . by the following means of transport (5): ...................................................................... . Name and address of consignor: .................................................................................. . Name and address of consignee: .................................................................................. . IV. Health attestation 'I, the undersigned, certify that: (a) the meat products described above were manufactured from fresh meat or meat products under conditions that comply with the standards laid down in Directive 77 /99/EEC(6): (b) the said meat products, their wrappings or packaging, bear a mark proving that they have all come from approved establishments (6): (c) the fresh pigmeat used in the manufacture of the meat products has/has not been(6) subjected to a trichinae detection test; (d) the transport vehicles and equipment and the loading conditions of this consignment comply with the hygiene requirements laid down in Directive 77/99/EEC. Done at ...................................................... on ..................................................... . (Signature) Stamp (Name in capital letters) (I) Under Article 2 of Directive 77/99/EEC. (2) Optional (3) Possible indication of ionizing radiation for medical reasons. (4) Where an indication is given in accordance with Article 4 of Directive 77/99/EEC. 27 (5) Indicate the registration number (railway, wagons and trucks); the flight number (aircraft) or the name (ship). (6) Delete as appropriate. SCHEDULE 9 Regulation 14(2)(a') HEALTH CERTIFICATE FOR MEAT PRODUCTS INTENDED FOR CONSIGNMENT To THE UNITED KINGDOM No. (1) ............. . Exporting country: ................................................................................................................... . Ministry· .................................................................................................................................... . Department concerned ............................................................................................................ . Ref(l)· ....................................................................................................................................... . I. Identification of meat products Products manufactured with meat from: .................................................................... . (Animal species) Nature of products (2): .................................................................................................. .. Nature of packaging: ..................................................................................................... . Number of individual items or of packages: ............................................................... . Storage and transport temperature (3): ....................................................................... .. Net weight' ....................................................................................................................... . II. Meat products from Address(es) and veterinary approval number(s) of approved processing establishment(s): .............................................................................................................. .. III. Destination of meat products The meat products will be seen from: ......................................................................... . (Place of loading) by the following means of transport (4): ..................................................................... . Name and address of consignor: .................................................................................. . Name and address of consignee: .................................................................................. . IV. Health attestation 'I, the undersigned certify that: (a) the meat products described above were manufactured from fresh meat or meat products under conditions that comply with the standards laid down in the Explanatory Memorandum on the Importation of Meat Products into the United Kingdom; 28 (b) the said meat products, their wrappings or packaging, bear a rnark pro.ving that they have all come from approved establishments; (c) the fresh pigmeat used in the manufacture of the meat products has/has not been(S) subject to a trichinae detection test; (d) the transport vehicles and equipment and the loading conditions of this consignment comply with the hygiene requirements laid down in the Explanatory Memorandum on the Importation of Meat Products into the United Kingdom. Done at ...................................................... on ..................................................... . (Signature) Stamp (Name in capital letters) ( I) Optional. (2) Possible indication of ionizin& radiation for medical reasons. (3) Where an indication is given m accordance with Section E, paragraph 23 of the Explanatory Memorandum on the Importation of Meat Products into the United Kingdom. (4) Indicate the registration number (railway, wagons and trucks); the flight number (aircraft) or the name (ship). (5) Delete as appropriate. SCHEDULE IO HEALTH CERTIFICATE Regulation 14(2)(e) for fresh poultrymeat (I) intended for consignment to a Member State of the EEC No.(2) ............. . Exporting country .................................................................................................................... . Ministry ..................................................................................................................................... . Competent service ................................................................................................................... . Ref.(2) ........................................................................................................................................ . I. Identification of meat Meat of-........................................................................................................................... . ( animal species) Nature of cuts .................................................................................................................. . Nature of packaging ........................................................................................................ . Number of packages ....................................................................................................... . Net weight ........................................................................................................................ . II. Origin of meat Address(es) and veterinary approval number(s) of the slaugherhousc(s) (4) Address(es) and veterinary approval number(s) of the approved cutting premises (4) ....................................................................................................................... . 29 III. Destination of meat The meat will be sent from .................................................................................................................................... . (place of loading) to ........................................................................................................................................ . (Country and place of destination) by the following means of transport (3) ....................................................................... . Name and address of consignor ..................................................................................... . Name and address of consignee ..................................................................................... . IV. Health attestation I, the undersigned, offical veterinarian, certify that: (a) -the poultry meat described (4) the packaging of the meat described above ( 4) bears a mark proving that the meat comes from animals slaughteered in approved slaughterhouses (4); the meat was cut in approved cutting premises (4); (b) this meat has been passed as fit for human consumption following a veterinary inspection carried out in accordance with the Council Directive of 15 February 1971 on health problems affecting trade in fresh poultry meat; (c) the transport vehicles or containers and the loading conditions of this consignment meet the hygiene requirements laid down in that Directive. Done at ...................................................... on ..................................................... . ( .............................................................................................................................. ) (Signature of official veterinarian) (I) Fresh poultry meat: fresh meat from the following species-live domestic hens, turkeys, guinea fowls, ducks and geese which have not been treated to ensure their preservation; however, poultry meat which has been chilled or frozen shall be considered to be fresh. (2) Optional. (3) For railway wagons and lorries the registration number, for aircraft the flight number and for ships the name should be given. (4) Delete as appropriate. SCHEDULE 11 LABEL To BE AFFIXED To LARGE PACKAGES OF POULTRY MEAT INTENDED FOR A CERTAIN DESTINATION INTENDED USE: CUTTING/TREATMENT(!) ADDRESS OF DESTINATION: (I) Delete as appropriate 30 SCHEDULE 12 Regulation 26 REVOCATIONS Column l Column 2 Regulation revoked References The Imported Food Regulations 1968 S.I. 1968/97 The Imported Food (Amendment) Regulations 1973 S.I. 1973/1351 The Imported Food (Amendment) Regulations 1979 S.I. 1979/1426 The Imported Food (Amendment) Regulations 1981 SJ. 1981/1085 EXPLANATORY NOTE (This Note is not part of the Regulations.) 1. These regulations, which apply to England and Wales only, contain measures for the protection of public health in relation to imported food. They supersede the Imported Food Regulations 1968 and consolidate them with their amending regulations. 2. Further amendments are made in implementation of: (aJ Council Directive 64/433/EEC on health problems affecting intra Community trade in fresh meat (O.J. No. 121, 29.7.64, p. 2012/64), as last amended by the Council Directive 83/90/EEC (O.J. No. L59, 5.3.83, p.10); (b) Council Directive 71/118/EEC on health problems affecting trade in fresh poultrymeat (O.J. No. L55, 8.3.71, p.23), as last amended by the Council Directive 82/532/EEC (O.J. No. L234, 9.8.82, p.12); (c) Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (O.J. No. L302, 31.12.72, p.28), as last amended by the Council Directive 83/91/EEC (O.J. No. L59, 5.3.83, p.34); (d) Council Directive 77 /99/EEC on health problems affecting intra Community trade in meat products (O.J. No. L26, 31.1.77, p.85), as amended by the Council Directive 80/214/EEC (O.J. No. L47, 21.2.80, p.3); and (e) Council Directive 83/643/EEC on the facilitation of physical inspec tions and administrative formalities in respect of the carriage of goods between member states (O.J. No. L359, 22.12.83, p.8). Details are given in paragraph 7 below. 3. Part I of the regulations contains definitions and specifies the authorities by whom the regulations are to be enforced (regulation 4). Provision is made 31 for the deferred examination of imported food m certain circumstances (regulation 5). 4. Part II deals with imported food generally, and prohibits the importation of food which is unfit for human consumption, or is unsound or unwholesome (regulation 6). Imported food may be examined by authorised officers of an enforcing authority (regulation 7), and provision is made for the analysis of samples by the public analyst of an authority other than the port authority in whose district they were procured (regulation 8), special procedures for the examination of food (regulation 9) and the co-operation of authorised officers of enforcing authorities with officers of Customs and Excise (regulation 10 and 11). 5. Part III deals with imported meat and meat products (including lard), which may not be imported for sale for human consumption unless they bear a health mark and are wrapped, packed and transported as specified. Provision is made for the official recognition of health marks (regulation 13). This Part contains requirements as to health certificates for fresh meat and meat products (regulation 14) and provisions as to lost, damaged or defective health marks and certificates (regulation 15), the disposal of meat imported contrary to the regulations (regulations 16 and 18) and the powers of a justice of the peace in respect of meat so imported (regulation 17). 6. Part IV makes general supplementary provisions, including ( a) a requirement for records to be kept by enforcing authorities of food destroyed or disposed of in pursuance of the regulations (regulation 19); (b) offences and penalties (regulation 20); (c) provision that a justice of the peace may be a member of a court before which a person is charged with an offence under the regulations notwithstanding his prior dealings with the food concerned in the offence charged (regulation 21); (d) arrangements for the examination of food outside business hours (regulation 22); (e) disputes as to compensation (regulation 23); (f) protection for authorised officers of enforcing authorities (regulation 24); (g) the a~plication for the purposes of the regulations of various provisions of the Food Act 1984; and (h) the revocation of the superseded regulations (regulation 26). 7. The amendments made of the superseded regulations comprise (aJ the provisions of regulation 4(8) and (9) prescribing enforcement authorities; (b) the provisions of regulation 5 permitting the deferment of the examination of food until its arrival at its place of destination; (c) the provisions of regulations 7(3) and 16(5) as to the service of notices and counter-notices and the procedure to be followed when a counter notice is served; 32 (d) new requirements for health marks, and the wrapping, packaging and transport of meat prescribed by regulation 13(1) and (2), as read with Schedules 3 and 4; (e) new forms of health certificate, prescribed by regulation 14(2) as read with Schedule 6 to IO; (/) the application of Part III in full to meat imported from the Republic of Ireland and the Channel Islands, and the non-application of Part III to meat imported from the Isle of Man; (g) the provisions of regulation 22 as to the examination of food outside business hours; (h) the inclusion of the meat of rabbits, hares and birds other than poultry among the meats subject to Part III of the regulations. The provisions referred to in subparagraphs (c), (d), (e}, (f) and (g) above are made in implementation of the directives referred to in paragraph 2 above. 33