Statutory Instrument 2000 No. 288

The Meat (Disease Control) (Scotland) Regulations 2000

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The Scottish Ministers, in exercise of the powers conferred on themunder section 2(2) of the European Communities Act 1972[1] inso far as these Regulations could not have been made under the powers inthe Food Safety Act 1990 specified below, and in exercise of the powersconferred 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

, and of all other powers enabling them in that behalf, havinghad regard in accordance with section 48(4A)[2] of that Act torelevant advice given by the Food Standards Agency and after consultationin accordance with section 48(4) of that Act, make the followingRegulations: Citation, commencement and extent
1.  - (1) These Regulations may be cited as the Meat (Disease Control) (Scotland)Regulations 2000, and shall come into force on 19th August 2000.

    (2) These Regulations extend to Scotland only.

Amendments to the Fresh Meat (Hygiene and Inspection) Regulations 1995
2.  - (1) The Fresh Meat (Hygiene and Inspection) Regulations 1995[3]shall be amended in accordance with the following paragraphs of thisregulation.

    (2) In paragraph (3) of regulation 13 (general conditions)-
 

(a) the word "or" separating sub-paragraphs (c) and (d) shall beomitted;

(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 subparagraph (d)-
 

" (e) fresh meat obtained from domestic sheep, goats or solipeds which havenot been held in Community territory for at least 21 days on the date ofslaughter, or from birth in the case of animals which are less than 21 daysold;

(f) fresh meat obtained from animals which-
 

(i) come from a holding or area which, at the time of their departure fromthe holding or area concerned, was subject to a prohibition or restrictionas a result of an outbreak of foot and mouth disease, swine fever, swinevesicular disease or contagious swine paralysis (Teschen disease); and

(ii) are susceptible to the particular disease referred to above which ledto the prohibition or restriction being imposed;
 

(g) fresh meat obtained from a slaughterhouse while that slaughterhouse wasunder restriction by virtue of an Order made under the Animal Health Act1981[4] following the confirmation there of foot and mouthdisease, swine fever, swine vesicular disease or contagious swine paralysis(Teschen disease);

(h) (without prejudice to sub-paragraph (f) above) fresh meatobtained from swine, sheep or goats originating from a holding which at thetime of their departure from the holding concerned was subject to aprohibition for health reasons (as provided for by Article 4 of CouncilDirective 72/461/EEC[5] on health problems affectingintra-Community trade in fresh meat as amended by amendments up toand including those effected by Council Decision 95/1/EC, Euratom, ECSC

) as a result of an outbreak of porcine, ovine or caprinebrucellosis; or 

(i) any fresh meat which has not been obtained, cut, stored and transportedeither separately or at a different time from the meat referred to in anyof sub-paragraphs (e) to (h) of this paragraph.".
 

(a) in paragraph 1, for "paragraphs 2 and 7", there shall besubstituted "paragraphs 2, 7 and 8";

(b) in paragraph 2, for "Regulation 13(3)", there shall be substituted"any of sub-paragraphs (a) to (d) of paragraph (3) of regulation13"; and

(c) the following paragraph shall be inserted at the end-
 

     " 8. In the case of the fresh meat referred to in any of sub paragraphs (e)to (i) of paragraph (3) of regulation 13, the health mark required byparagraph 1 or 2 above shall be-
 
(a) overstamped in such a way that it is covered by a diagonal crossconsisting of two straight lines crossing at right angles, with the pointof intersection in the centre of the stamp and the information thereonremaining legible; or

(b) applied with a single mark, consisting of the health mark referred toin paragraph 1 or 2 above, overstamped in accordance withsub-paragraph (a) of this paragraph.".
 

    (2) In paragraph (3) of regulation 14 (general conditions)sub-paragraph (c) shall be replaced by-
 

" (c) fresh meat which-
 
(i) has been marked in accordance with paragraph 6 of Schedule 11; or

(ii) has not been obtained, cut, stored and transported separately or at adifferent time from meat which has been marked in accordance with paragraph6 of Schedule 11;".
 

    " (3A) No person shall consign or sell for consignment to any relevant EEAState, or a region of any relevant EEA State or a region of NorthernIreland, which has been recognised in accordance with Article 12(2) ofCouncil Directive 90/539/EEC[7] on animal health conditionsgoverning intra-Community trade in, and imports from third countriesof, poultry and hatching eggs, as amended by amendments up to and includingthose effected by Council Decision 95/1/EC, Euratom, ECSC, any meat whichcomes from a bird which has been vaccinated against Newcastle disease witha live vaccine during the 30 days preceding the date of slaughter.".
 

     " 6.  - (1) Subject to paragraph 7 below, the health mark required by paragraph 1or 4 above shall be overstamped or applied as specified insub-paragraph (2) below in cases where fresh meat-
 
(a) is obtained from any bird which comes from a holding-
 
(i) in relation to which a notice has been served under article 5 of theDiseases of Poultry Order 1994[8] restricting movements to orfrom that holding; or

(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 HealthAct 1981 relating to any disease to which poultry is susceptible;
 

(b) is obtained from any bird which has come into contact with a birdsuffering from avian influenza or Newcastle disease during transport fromthe holding to the slaughterhouse;

(c) is obtained from a slaughterhouse while that slaughterhouse is underrestriction by virtue of an Order made under the Animal Health Act 1981relating to avian influenza or Newcastle disease; or

(d) is suspected or may reasonably be suspected of having been contaminatedby avian influenza or Newcastle disease at the slaughterhouse, cuttingpremises, cold store or during transportation.
 

    (2) The health mark shall be-
 
(a) overstamped in such a way that it is covered by a diagonal crossconsisting of two straight lines crossing at right angles, with the pointof intersection in the centre of the stamp and the information thereonremaining legible; or

(b) applied with a single mark, consisting of the health mark referred toin paragraph 1 or 4 above, overstamped in accordance with paragraph (a) ofthis sub-paragraph.".
 

    (2) In regulation 8 (general conditions), the following paragraphs shall beinserted at the end-
 

    " (2) No person shall apply the British EC health mark to, or consign or sellfor consignment to a relevant EEA State for human consumption, a meatproduct prepared in whole or in part from any meat referred to in-
 
(a) any of sub-paragraphs (e) to (i) of paragraph (3) of regulation13 of the Fresh Meat (Hygiene and Inspection) Regulations 1995; or

(b) paragraph 6 of Schedule 11 to the Poultry Meat, Farmed Game Bird Meatand Rabbit Meat (Hygiene and Inspection) Regulations 1995,
 

unless the meat product has undergone treatment in accordance withsection D of Part VIII of Schedule 2.

    (3) Any meat product to which paragraph (2) above applies shall-
 

(a) be prepared only under official veterinary supervision and must beprotected from any contamination or recontamination; and

(b) notwithstanding regulation 12(2), be accompanied during transportationby the health certificate referred to at regulation 12(1)(c).
 

    (4) The meat referred to in paragraph (2) above shall be transported andstored separately or at a different time from meat which is not referred toin paragraph (2) above.",
 

    (3) In regulation 12 (storage and transportation conditions), subparagraphs (b) and (c) of paragraph (1) and paragraph (2) shall be replacedby the following provisions-
 

" (b) it is accompanied during transportation by a commercial document whichbears the official approval code of the meat products premises of origin;and

(c) subject to paragraph (2) below, it is accompanied during transportationby a health certificate signed by an authorised officer of the enforcementauthority at the time of loading corresponding in form and content to thatspecified in Schedule 4 where-
 

(i) it contains meat obtained from a slaughterhouse while thatslaughterhouse was under restriction by virtue of an Order made under theAnimal Health Act 1981;

(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 througha third country.
 

    (2) The requirement for a health certificate at paragraph (1)(c) aboveshall not apply to a meat product in a hermetically sealed container wherethe product has undergone the treatment referred to in section B(a) of PartVIII of Schedule 2 and the health mark is indelibly marked on the container.

    (2A) Where a meat product is intended to be sent to a relevant EEA Stateafter transit through a third country, it shall be transported in a sealedmeans of transport.".
 

    " (3) The enforcement authority may make a reasonable charge for the issue ofany health certificate pursuant to paragraph (1)(c) above.".
 

     " D.  - (1) Subject to paragraph (3) below, the meat products to which regulation8(2) applies shall undergo one of the following forms of treatment-
 
(a) heat treatment in a hermetically sealed container with an Fo value of3.00 or more; or

(b) in the case of a meat product which has been prepared exclusively fromor with pigmeat which has been obtained from a holding or area which atthat time was not subject to any restriction on health grounds followingthe discovery of African Swine Fever-
 

(i) the meat must be fully de-boned and the main lymphatic glandsremoved before heating;

(ii) the meat must be enclosed in the hermetically sealed container in whichit is to be marketed and must undergo heat treatment in accordance with thefollowing conditions:

     - the product must be kept at a temperature of at least60oC for a minimum of four hours during which the temperaturemust be at least 70oC for a minimum of thirty minutes;

     - the temperature of a representative number of samples of eachbatch of the product must be monitored constantly, using automaticapparatus enabling the temperature to be recorded both in the centre of thepieces of greater weight and inside the heating equipment; and

     - throughout these operations, the conditions laid down in thethird sub paragraph of Article 5A of Council Directive 72/461/EEC must befulfilled.
 

    (2) After heat treatment, a health mark shall be applied to the containerin accordance with the requirements of Part VI of this Schedule.

    (3) Notwithstanding paragraph (1) above, a meat product to which regulation8(2) applies and which is prepared from fresh meat obtained from animalswhich, although they come from an area which is specified in regulation13(3)(f) of the Fresh Meat (Hygiene and Inspection) Regulations 1995, donot come from a holding which is so specified may, instead of undergoingone of the forms of treatment specified in paragraph (1) above,undergo-
 

(a) heat treatment of a type different from those referred to in paragraph(1) above, provided that the centre temperature is raised to at least70oC;

(b) provided that the disease in question is not swine vesicular disease,treatment consisting in natural fermentation and maturation of not lessthan nine months for de-boned or boneless hams which-
 

(i) weigh not less than 5.5 kg, and

(ii) have an AW value of not more than 0.93 and a pH value of not more than6; or
 

(c) if the disease in question is foot-and-mouth disease, thetreatment referred to in paragraph (b) may be applied to bone-in hamwhich fulfils the conditions of sub-paragraphs (i) and (ii) ofparagraph (b).".
 

    " (3) Mention any ionizing radiation for medical reasons and specify whethertreated in accordance with section D(1) or (3) of Part VIII of Schedule 2.".
 

shall be amended in accordance with the following paragraphs ofthis regulation.    (2) At the end of Schedule 4 (conditions for the production of minced meat)there shall be inserted the following paragraph-
 

     " 7. Fresh meat such as is referred to in any of sub paragraphs (e) to (i)of paragraph (3) of regulation 13 of the Fresh Meat Regulations shall notbe used for the production of minced meat.".
 

     " 3. The following shall not be used for the production of meat preparationswhich are to be consigned to a relevant EEA State-
 
(a) fresh meat such as is referred to in any of sub-paragraphs (e) to(i) of paragraph (3) regulation 13 of the Fresh Meat Regulations; and

(b) meat referred to in paragraph 6 of Schedule 11 to the Poultry MeatRegulations.".
 

shall be amended as follows- 

(a) in paragraph 5, there shall be substituted for the words ". The Meat(Enhanced Enforcement Powers) (Scotland) Regulations 2000." thefollowing references-
 
     " ;

     SS.I. 2000/62;

     S.S.I. 2000/171;

     The Meat (Disease Control) (Scotland ) Regulations 2000.";
 

(b) in paragraph 6, there shall be substituted for the words ". The Meat(Enhanced Enforcement Powers) (Scotland) Regulations 2000." thefollowing references-
 
     " ;

     S.I. 1997/1729;

     S.I. 1997/2074;

     S.S.I. 2000/62

     S.S.I. 2000/171;

     The Meat (Disease Control) (Scotland) Regulations 2000.";
 

(c) in paragraph 7, there shall be substituted for the words ". The Meat(Enhanced Enforcement Powers) (Scotland) Regulations 2000." thefollowing references-
 
     " ;

     S.I. 1997/1729;

     S.S.I. 2000/62;

     S.S.I. 2000/171;

     The Meat (Disease Control) (Scotland) Regulations 2000.";
 

(d) in paragraph 11, there shall be substituted for the words ". The Meat(Enhanced Enforcement Powers) (Scotland) Regulations 2000." thefollowing words-
 
     " , to which the following relevant amendments have been made-

     S.I. 1996/3124;

     S.S.I. 2000/62;

     S.S.I. 2000/171;

     The Meat (Disease Control) (Scotland) Regulations 2000.".
 

SUSAN DEACON
A member of the Scottish Executive

St Andrew's House Edinburgh
18th August 2000
 

These Regulations, which extend to Scotland only, give effect in partto the provisions of the following Council Directives relating to diseasecontrol:
 

Council Directive 72/461/EEC on health problems affecting intraCommunity trade in fresh meat (O.J. No. L 302, 31.12.72, p.24 (Specialedition 1972 31 Dec (3) p.3)), which was last amended by Council Decision95/1/EC, Euratom, ECSC (O.J. No. L 1, 1.1.95, p.1);

Council Directive 91/494/EEC on animal health conditions governingintra-Community trade in and imports from third countries of freshpoultrymeat (O.J. No. L 268, 24.9.91, p.35), which was last amended byCouncil Directive 93/121/EC (O.J. No. L 340, 31.12.93, p.39);

Council Directive 80/215/EEC on animal health problems affecting intraCommunity trade in meat products (O.J. No. L 47, 21.2.80, p.4), which waslast amended by Council Decision 95/1/EC, Euratom, ECSC (O.J. No. L 1,1.1.95, p.1);

Council Directive 77/99/EEC on health problems affecting the productionand marketing of meat products and certain other products of animal origin(the text of that Directive was replaced by the text annexed to CouncilDirective 92/5/EEC (O.J. No. L 57, 2.3.92, p.1).

Council Directive 94/65/EC laying down the requirements for theproduction and placing on the market of minced meat and meat preparations(O.J. No. L 368, 31.12.94, p.10).

1. Regulation 2 amends the Fresh Meat (Hygiene and Inspection) Regulations1995. It provides that, where meat is obtained in circumstances whereanimal health restrictions in connection with certain specified diseasesapply, the health mark must be overstamped. Meat which has been overstampedor which has not been produced separately from overstamped meat may not betraded with other EEA States.

2. Regulation 3 amends the Poultry Meat, Farmed Game Bird Meat and RabbitMeat (Hygiene and Inspection) Regulations 1995. It provides that, wherepoultry meat is obtained in circumstances where animal health restrictionsapply in connection with any disease to which poultry is susceptible- specifically avian influenza and Newcastle disease - thehealth mark must be overstamped. Meat which has been overstamped or whichhas not been produced separately from overstamped meat may not be tradedwith other EEA States. In addition, meat from a bird which has beenvaccinated against Newcastle disease within 30 days of slaughter may not betraded with other EEA States.

3. Regulation 4 amends the Meat Products (Hygiene) Regulations 1994. Itprohibits the use of overstamped meat in meat products which are to betraded with other EEA States, unless the meat products undergo one of theforms of treatment specified in regulation 4(5) (which amends Part VIII ofSchedule 2 to those Regulations). Such meat products must be prepared underveterinary supervision and must be accompanied by a health certificatewhich confirms that they have been treated in accordance with theRegulations. All meat products are now required to be accompanied duringtransportation by commercial documentation, in addition to the requirementfor 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 meatand meat preparations.

Regulation 6 (made under section 2(2) of the European Communities Act1972 (c. 68)) makes a number of consequential amendments to the Products ofAnimal Origin (Import and Export) Regulations 1996 (S.I. 1996/3124, asalready amended).

All the Regulations amended by these Regulations extend to Great Britain only, but are amended only insofar as they extend to Scotland.

A regulatory impact assessment has been prepared in relation to theseRegulations. A copy of it has been placed in the Scottish ParliamentInformation Centre. Copies may be obtained from the Meat Hygiene Divisionof the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street,Aberdeen, AB11 6NJ.

[1] 1972 c.68; section 2(2) was amended by the Scotland Act1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred on aMinister of the Crown under section 2(2) of the European Communities Act1972, insofar as within devolved competence, were transferred to theScottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] Section 48(4A) was inserted by paragraph 21 of Schedule 5to the Food Standards Act 1999.back

[3] S.I. 1995/539, amended by S.I. 1995/731, 1763, 2148, 2200,3124 and 3189, S.I. 1996/1148 and 2235, S.I. 1997/1729 and 2074, S.S.I.2000/62 and 171.back

[4] 1981 c.22.back

[5] O.J. No. L 302, 31.12.72, p.24 (Special edition 1972 31Dec (3) p.3).back

[6] S.I. 1995/540, amended by S.I. 1995/1763, 2148, 2220, 2148and 3205, S.I. 1997/1729, S.S.I 2000/62 and 171.back

[7] O.J. No. L 303, 31.10.90, p.6.back

[8] S.I. 1994/3141, amended by S.I. 1997/150.back

[9] S.I. 1994/3082, amended by S.I. 1995/539, 1763, 2200 and3205, S.I. 1996/1499 S.I. 1999/683, S.S.I. 2000/62 and 171.back