The Meat (Enhanced Enforcement Powers) (Wales) Regulations 2001 © Crown Copyright 2001 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Badge of Wales and the Queen's Printer imprints. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Meat (Enhanced Enforcement Powers) (Wales) Regulations 2001, ISBN 0 11090364 1. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The National Assembly for Wales, being designated [1] for the purposes of section 2(2) of the European Communities Act 1972 [2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by that section insofar as these Regulations could not have been made under the powers mentioned below; and in exercise of the powers conferred on it by sections 16(1)(b), (c), (d) and (f), 17(1), 19(1), 26(2)(e) and (f), 37(2) and 48(1) of, and paragraphs 5(1) and (2)(a), 6(1) and 7(1) and (2) of Schedule 1 to, the Food Safety Act 1990[3]) after having regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, after consultation in accordance with section 48(4) and (4B) of that Act and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992 [4]; makes the following Regulations: Title, application and commencement 1. - (1) These Regulations may be cited as the Meat (Enhanced Enforcement Powers) (Wales) Regulations 2001. (2) These Regulations shall apply to Wales only and shall come into force on 17th June 2001. Amendments to the Fresh Meat (Hygiene and Inspection) Regulations 1995 2. - (1) Insofar as they apply to Wales, the Fresh Meat (Hygiene and Inspection) Regulations 1995 [5] shall be amended in accordance with the following paragraphs of this regulation. (2) In paragraph (1) of regulation 2 (interpretation) the following definitions shall be inserted in the appropriate alphabetical positions -
(ii) any body corporate of which that natural person is a director, (iii) any person who is that natural person's employee or partner;
(b) if the person so entitled is a body corporate -
(ii) any body corporate which is a subsidiary of it, (iii) any employee or director of any such subsidiary, (iv) (if it is itself a subsidiary) any other subsidiary of the holding company they have in common, (v) any employee or director of any such subsidiary; and
(c) (whether the person so entitled is a natural person or a body corporate) if that person has with any other person an agreement or arrangement -
(ii) under which both the parties to the agreement or arrangement undertake to act in exercising their voting power in relation to the said body corporate,that other person;";
(b) who, either alone or with any associate, is entitled to exercise, or control the exercise of, at least one-third of the voting power at any general meeting of that body corporate or of any other body corporate which is its controller;";
(b) in relation to a body corporate whose affairs are managed by a single director or similar person, that director or person; (c) in relation to a body corporate whose affairs are managed by the members themselves, a member of the body corporate;";
(3) In paragraph (1) of regulation 3 (exemptions and savings for existing licences) the phrase "Subject to regulation 3A," shall be inserted at the beginning.
3A. - (1) No person who (by virtue of regulation 3(1)(f)) is stated to be exempt from these Regulations shall -
(b) possess with a view to sale or preparation for sale,
any fresh meat intended for human consumption unless each operation in relation to that meat required to have been carried out in compliance with these Regulations has been so carried out.
(5) Paragraph (1) of regulation 4 (issue of licences) shall be replaced with the following -
(b) that person complies with any conditions to which the licence is subject; and (c) that person -
(ii) was the occupier of these premises on the date of coming into force of the Meat (Enhanced Enforcement Powers) (Wales) Regulations 2001 and has complied with the obligation in regulation 7A, (iii) (subsequent to the grant of the licence or the date of coming into force of the Meat (Enhanced Enforcement Powers) (Wales) Regulations 2001, whichever is later) notified the Agency in accordance with regulation 4A(3) of his or her intention to carry on that business there, or (iv) (where the previous occupier of those premises was a natural person) is the personal representative or a member of the family of the previous occupier, and that previous occupier died less than one month previously.".
(6) The following paragraph shall be inserted between paragraphs (3) and (4) of regulation 4 -
(7) The following regulation shall be inserted between regulation 4 and regulation 5 (revocation of licences) -
4A. - (1) The occupier of licensed premises in Wales shall notify the Agency of any change in the identity or principal business address of his or her directors, managers or controllers as soon as is reasonably practicable after that change occurs, and in any event within one month of that change. (2) No occupier of licensed premises in Wales shall transfer possession of or allow another person to occupy those premises for the purposes of carrying on any activity permitted by the licence unless he or she notifies the Agency of that person's name and principal business address at least 21 days before the transfer or occupation concerned. (3) Any person who intends to occupy licensed premises in Wales (whether alone or jointly) for the purposes of carrying on any business for which those premises are licensed shall notify the Agency at least 21 days before he or she occupies them of his or her intention to do so, and of his name and principal business address. (4) Where the occupier (being a natural person) dies, paragraph (3) above shall not apply to occupation of those premises by the deceased's personal representatives or by any member of his or her family, but the successor shall notify the Agency of his or her name and principal business address within one month of the death. (5) Any notification made pursuant to paragraph (2), (3) or (4) above shall record the respective identities and principal business addresses of each manager and (if applicable) director and controller of the new occupier.".
(8) In paragraph (1)(b) of regulation 5 the words "as to hygiene" shall be revoked.
(10) The following regulation shall be inserted between regulation 5 and regulation 6 (appeals) -
5A. - (1) The Agency may suspend a licence granted in respect of any premises in Wales where -
(ii) adequate health inspection in accordance with these Regulations is being hampered there; or
(b) a notice has been served in relation to those premises pursuant to regulation 10(1), and -
(ii) as a result of the failure to take the action specified in the notice, any requirement of these Regulations is still being breached, or adequate health inspection is still being hampered, there.
(2) Where the Agency intends to suspend a licence pursuant to paragraph (1) above, it shall give notice in writing to the occupier of the premises, informing the occupier of -
(b) the date on which it intends the suspension to take effect (which may be the date on which the notice is issued); (c) the matters which must be remedied in order for the suspension to be lifted; (d) the occupier's right to appeal under regulation 6, and of the time within which any such appeal must be made.
(3) Insofar as a licence is suspended pursuant to paragraph (1) above, the premises in respect of which that licence was granted shall be treated for the purposes of these Regulations as if they were not licensed premises.
(11) Paragraph (1) of regulation 6 shall be replaced with the following -
(b) has granted a licence subject to conditions or has subsequently attached conditions to a licence; (c) has suspended the licence of any premises; or (d) has revoked the licence of any premises,
the owner or occupier of, or any person proposing to occupy, the premises may within 21 days of being notified of the relevant decision of the Agency referred to above appeal to a Meat Hygiene Appeals Tribunal.".
(12) Paragraph (3) of regulation 6 shall be replaced with the following -
(b) conditions have unreasonably been attached to a licence; (c) a licence should not have been suspended; or (d) a licence should not have been revoked,
the Agency shall give effect to the determination of the Tribunal.".
(13) Paragraph (4) of regulation 6 shall be replaced with the following -
(b) (where an appeal has been lodged within the 21-day period stipulated in that paragraph) the appeal has been finally disposed of or abandoned.
(5) Nothing in paragraph (4) above shall permit premises to be used if -
(b) the Agency has suspended the licence of the premises pursuant to regulation 5A.".
(14) The following regulation shall be inserted into Part II, after regulation 7 -
7A. Every person who is the occupier of licensed premises in Wales on the date of coming into force of the Meat (Enhanced Enforcement Powers) (Wales) Regulations 2001 shall notify the Agency of -
(b) the identity and principal business address of each of his or her managers and (if applicable) directors and controllers; and (c) the address of those licensed premises (where different from the address required to be notified under sub-paragraph (a) above),
within 3 months of the said date of coming into force.".
(15) In paragraph (1) of regulation 8 (supervision of premises), the following sub-paragraph shall be inserted between sub-paragraphs (a) and (b) -
(16) In paragraph (1)(a) of regulation 10 (powers of OCVSs and veterinary officers) the words "as to hygiene" shall be revoked.
(iii) require the rate of operation to be reduced to such extent as is specified in the notice, or to be stopped completely.".
(18) In paragraph (1) of regulation 13 (general conditions) the following sub-paragraph shall be substituted for sub-paragraph (a) -
(19) In paragraph (1)(g) of regulation 13 the word "licensed" shall be inserted between "a" and "cold store".
(ii) the mass (measured in tonnes) of fresh meat dispatched from those premises in each week.".
(21) Paragraph (1)(e) of regulation 20 shall be replaced with the following -
(22) Paragraph (1)(f) of regulation 20 shall be replaced with the following -
(23) Paragraph (2) of regulation 20 shall be revoked.
(b) in paragraph (3) the phrase "Nothing in paragraph (2) above shall apply" shall be substituted for the phrase "Neither paragraph (1) nor paragraph (2) above applies".
(25) The following text shall be substituted for the existing text of regulation 23 (enforcement) -
(b) in relation to any place other than licensed premises by the food authority within whose area that place is situated.
(2) On an inspection of any meat in licensed premises in Wales, an authorised officer of the Agency may certify that the meat concerned has not been produced, stored or transported in accordance with these Regulations.
Amendments to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995
(ii) any body corporate of which that natural person is a director, (iii) any person who is that natural person's employee or partner;
(b) if the person so entitled is a body corporate -
(ii) any body corporate which is a subsidiary of it, (iii) any employee or director of any such subsidiary, (iv) (if it is itself a subsidiary) any other subsidiary of the holding company they have in common, (v) any employee or director of any such subsidiary; and
(c) (whether the person so entitled is a natural person or a body corporate) if that person has with any other person an agreement or arrangement -
(ii) under which both the parties to the agreement or arrangement undertake to act in exercising their voting power in relation to the said body corporate,
that other person;";
(b) who, either alone or with any associate, is entitled to exercise, or control the exercise of, at least one-third of the voting power at any general meeting of that body corporate or of any other body corporate which is its controller;";
(b) in relation to a body corporate whose affairs are managed by a single director or similar person, that director or person; (c) in relation to a body corporate whose affairs are managed by the members themselves, a member of the body corporate;";
(3) In paragraph (1) of regulation 3 (exemptions and savings for existing licences) the phrase "Subject to regulation 3A," shall be inserted at the beginning.
3A. - (1) No person who (by virtue of regulation 3(1)(g) is stated to be exempt from these Regulations shall -
(b) possess with a view to sale or preparation for sale,
any fresh meat intended for human consumption unless each operation in relation to that meat required to have been carried out in compliance with these Regulations has been so carried out.
(5) Paragraph (1) of regulation 4 (issue of licences) shall be replaced with the following -
(b) that person complies with any conditions to which the licence is subject; and (c) that person -
(ii) was the occupier of those premises on the date of coming into force of the Meat (Enhanced Enforcement Powers) (Wales) Regulations 2001 and has complied with the obligation in relation 7A, (iii) (subsequent to the grant of the licence or the date of coming into force of the Meat (Enhanced Enforcement Powers) (Wales) Regulations 2001, whichever is later) notified the Agency in accordance with regulation 4A(3) of his or her intention to carry on that business there, or (iv) (where the previous occupier of those premises was a natural person) is the personal representative or a member of the family of the previous occupier, and that previous occupier died less than one month previously.".
(6) The following paragraph shall be inserted between paragraphs (3) and (4) of regulation 4 -
(7) The following regulation shall be inserted between regulation 4 and regulation 5 (revocation of licences) -
4A. - (1) The occupier of licensed premises shall notify the Agency of any change in the identity or principal business address of his or her directors, managers or controllers as soon as is reasonably practicable after that change occurs, and in any event within one month of that change. (2) No occupier of licensed premises shall transfer possession of or allow another person to occupy those premises for the purposes of carrying on any activity permitted by the licence unless he or she notifies the Agency of that person's name and principal business address at least 21 days before the transfer of occupation concerned. (3) Any person who intends to occupy licensed premises (whether alone or jointly) for the purposes of carrying on any business for which those premises are licensed shall notify the Agency at least 21 days before he or she occupies them of his or her intention to do so, and of his or her name and principal business address. (4) Where the occupier (being a natural person) dies, paragraph (3) above shall not apply to occupation of those premises by the deceased's personal representatives or by any member of his or her family, but the successor shall notify the Agency of his or her name and principal business address within one month of the death. (5) Any notification made pursuant to paragraph (2), (3) or (4) above shall record the respective identities and principal business addresses of each manager and (if applicable) director and controller of the new occupier.".
(6) In paragraph (1)(b) of regulation 5 the words "as to hygiene" shall be revoked.
(8) The following regulation shall be inserted between regulation 5 and regulation 6 (appeals) -
5A. - (1) The Agency may suspend a licence granted in respect of any premises where -
(ii) adequate health inspection in accordance with these Regulations is being hampered there; or
(b) a notice has been served in relation to those premises pursuant to regulation 10(1), and -
(ii) as a result of the failure to take the action specified in the notice, any requirement of these Regulations is still being breached, or adequate health inspection is still being hampered, there.
(2) Where the Agency intends to suspend a licence pursuant to paragraph (1) above, it shall give notice in writing to the occupier of the premises, informing the occupier of -
(b) the date on which it intends the suspension to take effect (which may be the date on which the notice is issued); (c) the matters which must be remedied in order for the suspension to be lifted; (d) the occupier's right to appeal under regulation 6, and of the time within which any such appeal must be made.
(3) Insofar as a licence has been suspended pursuant to paragraph (1) above, the premises in respect of which that licence was granted shall be treated for the purposes of these Regulations as if they were not licensed premises.
(9) Paragraph (1) of regulation 6 shall be replaced with the following -
(b) has granted a licence subject to conditions or has subsequently attached conditions to a licence; (c) has suspended the licence of any premises; or (d) has revoked the licence of any premises,
the occupier of those premises may within 21 days of being notified of the relevant decision of the Agency referred to above appeal to a Meat Hygiene Appeals Tribunal.".
(10) Paragraph (3) of regulation 6 shall be replaced with the following -
(b) conditions have unreasonably been attached to a licence; (c) a licence should not have been suspended; or (d) a licence should not have been revoked,the Agency shall give effect to the determination of the Tribunal.".
(11) Paragraph (4) of regulation 6 shall be replaced with the following -
(b) (where an appeal has been lodged within the 21-day period stipulated in that paragraph) the appeal has been finally disposed of or abandoned.
(5) Nothing in paragraph (4) above shall permit premises to be used if -
(b) the Agency has suspended the licence of the premises pursuant to regulation 5A.".
(12) The following regulation shall be inserted into Part II, after regulation 7 -
7A. Every person who is the occupier of licensed premises on the date of coming into force of the Meat (Enhanced Enforcement Powers)(Wales) Regulations 2001 shall notify the Agency of -
(b) the identity and principal business address of each of his or her managers and (if applicable) directors and controllers (c) the address of those licensed premises (where different from the address required to be notified under sub-paragraph (a) above),
within 3 months of the said date of coming into force.".
(13) In paragraph (1) of regulation 8 (supervision of premises), the following sub-paragraph shall be inserted between sub-paragraphs (a) and (b) -
(14) In paragraph 1(a) of regulation 10 (powers of official veterinary surgeons and veterinary officers) the words "as to hygiene" shall be revoked.
(iii) require the rate of operation to be reduced to such extent as is specified in the notice, or to be stopped completely.".
(16) In paragraph (1) of regulation 14 (general conditions) the following sub-paragraph is substituted for sub-paragraph (a) -
(17) Paragraph (1)(a) of regulation 18 (duties of occupier) shall be replaced with the following -
(ii) the mass (measured in tonnes) of fresh meat dispatched from those premises in each week.".
(18) In regulation 20 (offences and penalties) -
(b) the following shall be substituted for paragraph (2)(a) -
(c) in paragraph (3) the phrase "Nothing in paragraph (2) above shall apply" shall be substituted for the phrase "Neither paragraph (1) nor paragraph (2) above applies"; and
(19) The following paragraph shall be substituted for paragraph (1) of regulation 23 (enforcement) and paragraph (2) of that regulation shall be revoked -
(b) in relation to any place other than licensed premises by the food authority within whose area that place is situated.".
(20) The following paragraphs shall be inserted at the end of regulation 23 -
(5) On an inspection of any meat at any place other than licensed premises an authorised officer of the food authority within whose area that place is situated may certify that the meat concerned has not been produced, stored or transported in accordance with these Regulations. (6) Where any meat is certified as mentioned in paragraph (4) or (5) above it shall be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements.".
Amendments to the Meat products (Hygiene) Regulations 1994
(ii) any body corporate of which that natural person is a director; (iii) any person who is that natural person's employee or partner;
(b) if the person so entitled is a body corporate -
(ii) any body corporate which is a subsidiary of it, (iii) any employee or director of such subsidiary, (iv) (if it is itself a subsidiary) any other subsidiary of the holding company they have in common, (v) Any employee or director of any such subsidiary; and
(c) (whether the person so entitled is a natural person or a body corporate) if that person has with any other person an agreement or arrangement -
(ii) under which both the parties to the agreement or arrangement undertake to act in exercising their voting power in relation to the said body corporate,
that other person;";
(b) who, either alone or with any associate, is entitled to exercise, or control the exercise of, at least one-third of the voting power at any general meeting of that body corporate or of any other body corporate which is its controller;";
(b) in relation to a body corporate whose affairs are managed by a single director or similar person, that director or person; (c) in relation to a body corporate whose affairs are managed by the members themselves, a member of the body corporate;";
(3) In paragraph (a) of the definition of "combined premises" in paragraph (1) of regulation 2 there shall be inserted before "a" where it appears second the phrase "or fall within the same curtilage as".
3A. - (1) No person who (by virtue of regulation 3) is stated to be exempt from these Regulations shall -
(b) possess for the purpose of or preparation for sale,
any meat products or other products of animal origin unless -
(d) each operation in relation to those meat products or other products of animal origin required to have been carried out in compliance with these Regulations has been so carried out.
(2) Notwithstanding regulation 3, regulations 2, 19, 20, 21 and 22 shall apply in respect of the prohibitions imposed by paragraph (1) above.".
(6) The following paragraph shall be inserted between paragraphs (6) and (7) of regulation 4 (approvals of premises other than ambient stores, rewrapping centres and cold stores) -
(7) The following paragraph shall be inserted between paragraphs (5) and (6) of regulation 5 (approval of ambient stores, rewrapping centres and cold stores) -
(8) The following regulation shall be inserted between regulation 5 and regulation 6 (revocation of approvals) -
5A. - (1) The occupier of any approved premises shall notify the approval authority of any change in the identity or principal business address of his or her directors, managers or controllers as soon as is reasonably practicable after that change occurs, and in any event within one month of that change. (2) No occupier of approved premises shall transfer possession of or allow another person to occupy those premises for the purposes of carrying on any activity permitted there by these Regulations unless he or she notifies the approval authority of that person's name and principal business address at least 21 days before the transfer or occupation concerned. (3) Any person who intends to occupy approved premises (whether alone or jointly) for the purposes of carrying on any business for which those premises are approved shall notify the approval authority at least 21 days before he or she occupies them of his or her attention to do so and of his or her name and principal business address. (4) Where the occupier (being a natural person) dies, paragraph (3) above shall not apply to occupation of those premises by the deceased's personal representatives or by any member of his or her family, but the successor shall notify the approval authority of his or her name and principal business address within one month of the death. (5) Any notification made pursuant to paragraph (2), (3) or (4) above shall record the identity and principal business address of each manager and (if applicable) director and controller of the new occupier.".
(9) In paragraph (1) of regulation 6, the phrase "to paragraph (3) below and" shall be revoked.
(11) Paragraph (3) of regulation 6 shall be revoked.
6A. - (1) The approval authority may suspend an approval granted in respect of any premises where -
(ii) adequate health inspection in accordance with these Regulations is being hampered there; or
(b) a notice has been served in relation to those premises pursuant to regulation 19A(1), and -
(ii) as a result of the failure to take the action specified in the notice, any requirement of these Regulations is still being breached, or adequate health inspection is still being hampered, there.
(2) Where the approval authority intends to suspend an approval pursuant to paragraph (1) above, it shall give notice in writing to the occupier of the premises concerned, informing the occupier of -
(b) the date on which it intends the suspension to take effect (which may be the date on which the notice is issued); (c) the matters which must be remedied in order for the suspension to be lifted; (d) the occupier's right to appeal under regulation 7, and of the time within which any such appeal must be made.
(3) When an approval is suspended pursuant to paragraph (1) above, the premises in respect of which that approval was granted shall be treated for the purposes of these Regulations as if they were not approved premises.
(13) The following paragraph shall be substituted for paragraph (1) of regulation 7 -
(b) the decision by the approval authority to grant an approval subject to conditions or to attach conditions to an existing approval; (c) the decision by the approval authority to suspend an approval; (d) the decision by the approval authority to revoke an approval; or (e) a special hygiene direction,
may appeal to a magistrates' court.".
(14) The following paragraphs shall be substituted for paragraph (3) of regulation 7 -
(b) conditions have unreasonably been attached to an approval; (c) an approval should not have been suspended; (d) an approval should not have been revoked; or (e) a special hygiene direction should not have been given,
the approval authority shall give effect to the determination of the court concerned.
(b) (where an appeal under that paragraph has been lodged) the appeal has been finally disposed of or abandoned.
(5) Nothing in paragraph (4) above shall permit premises to be used if -
(b) the approval authority has suspended the approval of the premises pursuant to regulation 6A.".
(15) The following regulation shall be inserted into Part II, after regulation 7 -
7A. Every person who is the occupier of approved premises on the date of coming into force of the Meat (Enhanced Enforcement Powers) (Wales) regulations 2001 shall notify the approval authority of -
(b) the identity and principal business address of each of his or her managers and (if applicable) directors and controllers; and (c) the address of those approved premises (where different from the address required to be notified under sub-paragraph (a) above),within 3 months of the said date of coming into force.".
(16) The following paragraphs shall be inserted at the end of regulation 19 (supervision and enforcement) -
(5) On an inspection of any meat product at any place other than combined premises the food authority within whose area that place is situated may certify that the meat product concerned has not been handled, stored or transported in accordance with these Regulations. (6) Where any meat product is certified as mentioned in paragraph (4) or (5) above it shall be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements.".
(17) The following regulation shall be inserted between regulation 19 and regulation 20 (offences and penalties) -
19A. - (1) Where it appears to an authorised officer of the enforcement authority that in respect of any approved premises -
(b) adequate health inspection in accordance with these Regulations is being hampered,
the authorised officer may, by notice in writing given to the occupier of the premises concerned -
(d) impose conditions upon or prohibit the carrying out of any process; or (e) require the rate of operation to be reduced to such extent as is specified in the notice, or to be stopped completely.
(2) A notice given under paragraph (1) above shall be given as soon as practicable and shall state why it is given.
(18) The following entry shall be inserted in the appropriate numerical position in the list of provisions of the Food Safety Act 1990 contained in regulation 21 (application of various sections of that Act) -
Amendments to the Minced Meat and Meat Preparations (Hygiene) Regulations 1995
(ii) any body corporate of which that natural person is a director, (iii) any person who is that natural person's employee or partner;
(b) if the person so entitled is a body corporate -
(ii) any body corporate which is a subsidiary of it, (iii) any employee or director of any such subsidiary, (iv) (if it is itself a subsidiary) any other subsidiary of the holding company they have in common, (v) any employee or director of any such subsidiary; and
(c) (whether the person so entitled is a natural person or a body corporate) if that person has with any other person an agreement or arrangements -
(ii) under which both the parties to the agreement or arrangement undertake to act in exercising their voting power in relation to the said body corporate,
that other person;";
(b) who, either alone or with any associate, is entitled to exercise, or control the exercise of, at least one-third of the voting power at any general meeting of that body corporate or of any other body corporate which is its controller;";
(b) in relation to a body corporate whose affairs are managed by a single director or similar person, that director or person; (c) in relation to a body corporate whose affairs are managed by the members themselves, a member of the body corporate;";
(3) In paragraph (a) of the definition of "combined premises" in paragraph (1) of regulation 2 there shall be inserted before "any" where it appears second the phrase "or fall within the same curtilage as".
3A. - (1) No person engaged in any activity giving rise to an exemption pursuant to regulation 3 shall -
(b) possess for the purpose of or preparation for sale,
any minced meat or meat preparations unless -
(d) each operation in relation to that minced meat and those meat preparations required to have been carried out in compliance with these Regulations has been so carried out.
(2) Notwithstanding regulation 3, regulations 2, 10, 12, 13 and 14 shall apply in relation to the prohibitions imposed by paragraph (1) above.".
(6) The following paragraph shall be inserted between paragraphs (4) and (5) of regulation 4 (approval of premises) -
(7) The following regulation shall be inserted between regulation 4 and regulation 5 (revocation of approvals) -
4A. - (1) The occupier of approved premises shall notify the approval authority of any change in the identity or principal business address of his or her directors, managers or controllers as soon as is reasonably practicable after that change occurs, and in any event within one month of that change. (2) No occupier of approved premises shall transfer possession of or allow another person to occupy those premises for the purposes of carrying on any activity permitted by the approval unless he or she notifies the approval authority of that person's name and principal business address at least 21 days before the transfer or occupation concerned. (3) Any person who intends to occupy approved premises (whether alone or jointly) for the purposes of carrying on any business for which those premises are approved shall notify the approval authority at least 21 days before he or she occupies them of his or her intention to do so, and of his or her name and principal business address. (4) Where the occupier (being a natural person) dies, paragraph (3) above shall not apply to occupation of those premises by the deceased's personal representatives or by any member of his or her family, but the successor shall notify the approval authority of his or her name and principal business address within one month of the death. (5) Any notification made pursuant to paragraph (2), (3) or (4) above shall record the identity and principal business address of each manager and (if applicable) director and controller of the new occupier.".
(8) In paragraph (1) of regulation 5, the phrase "to paragraph (3) below and" shall be revoked.
(11) The following regulation shall be inserted between regulation 5 and regulation 6 (right of appeal) -
5A. - (1) The approval authority may suspend an approval granted in respect of any premises where -
(ii) adequate health inspection in accordance with these Regulations is being hampered there; or
(b) a notice has been served in respect of those premises pursuant to regulation 12A(1), and -
(ii) as a result of the failure to take the action specified in the notice, any requirement of these Regulations is still being breached, or adequate health inspection is still being hampered, there.
(2) Where the approval authority intends to suspend an approval pursuant to paragraph (1) above, it shall give notice in writing to the occupier of the premises concerned, informing the occupier of -
(b) the date on which it intends the suspension to take effect (which may be the date on which the notice is issued); (c) the matters which must be remedied in order for the suspension to be lifted; (d) the occupier's right to appeal under regulation 6, and of the time within which any such appeal must be made.
(3) When an approval is suspended pursuant to paragraph (1) above, the premises in respect of which that approval was granted shall be treated for the purposes of these Regulations as if they were not approved premises.
(12) The following paragraph shall be substituted for paragraph (1) of regulation 6 -
(b) the decision by an approval authority to grant an approval subject to conditions or to attach conditions to an existing approval; (c) the decision by an approval authority to suspend an approval; or (d) the decision by an approval authority to revoke an approval,
may appeal to a magistrates' court."
(13) The following paragraphs shall be substituted for paragraph (3) of regulation 6 -
(b) conditions have unreasonably been attached to an approval; (c) an approval should not have been suspended; or (d) an approval should not have been revoked,
the approval authority shall give effect to the determination of the court concerned.
(b) (where an appeal under that paragraph has been lodged) the appeal has been finally disposed of or abandoned.
(5) Nothing in paragraph (4) above shall permit premises to be used if -
(b) the approval authority has suspended the approval of the premises pursuant to regulation 5A.".
(14) The following regulation shall be inserted into Part II, after regulation 6 -
6A. Every person who is the occupier of approved premises on the date of coming into force of the Meat (Enhanced Enforcement Powers) (Wales) Regulations 2001 shall notify the approval authority of -
(b) the identity and principal business address of each of his or her managers and (if applicable) directors and controllers; and (c) the address of those approved promises (where different from the address required to be notified under sub-paragraph (a) above),within 3 months of the said date of coming into force.".
(15) The following paragraphs shall be inserted at the end of regulation 12 (supervision and enforcement) -
(9) On an inspection of any minced meat or meat preparation at any place other than combined premises an authorised officer of the food authority within whose area that place is situated may certify that the minced meat or meat preparation concerned has not been produced, stored or transported in accordance with these Regulations. (10) Where any minced meat or meat preparation is certified as mentioned in paragraph (8) or (9) above it shall be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements.".
(16) The following regulation shall be inserted between regulation 12 and regulation 13 (offences and penalties) -
12A. - (1) Where it appears to an authorised officer of the enforcement authority that in respect of any approved premises -
(b) adequate health inspection in accordance with these Regulations is being hampered,
the authorised officer may, by notice in writing given to the occupier of the premises concerned -
(d) impose conditions upon or prohibit the carrying on of any process; or (e) require the rate of operation to be reduced to such an extent as is specified in the notice, or be stopped completely.
(2) A notice given under paragraph (1) above shall be given as soon as practicable and shall state why it is given.
Amendments to the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992
(b) in paragraph (a) the phrase "regulation 4, 5 or 5A" shall be substituted for the phrase "regulation 4 or 5, as the case may be,"; and (c) in paragraph (b) the phrase "regulation 4, 5 or 5A" shall be substituted for the phrase "regulation 4 or 5, as the case may be,".
(3) In regulation 3 (reference to the Tribunal) the phrase "or against the suspension of a licence," shall be inserted before "or" where it occurs second. (This note is not part of the Regulations) 1. These Regulations (which apply to Wales only) amend -
(b) the Poultry Meat, Farmed Game Bird and Rabbit Meat (Hygiene and Inspection) Regulations 1995; (c) the Meat Products (Hygiene) Regulations 1994; (d) the Minced Meat and Meat Preparations (Hygiene) Regulations 1995; (e) the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992; and (f) the Products of Animal Origin (Import and Export) Regulations 1996,
in each case in their application to Wales. All of the Regulations being amended extend to the whole of Great Britain. Notes: [1] SI 1999/2788back [3] 1990 c.16; "the Ministers" is defined in relation to England and Wales in section 4(1) of the Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672).back [5] SI 1995/539, amended by SI 1995/731, SI 1995/1763, SI 1995/2148, SI 1995/2200, SI 1995/3124, SI 1995/3189, SI 1996/1148, SI 1996/2235, SI 1997/1729 and SI 1997/2074.back [6] 1985 c.6; section 736(1) was substituted by section 144(1) of the Companies Act 1989 (1989 c.40).back [7] SI 1995/540, amended by SI 1995/1763, SI 1995/2148, SI 1995/2200, SI 1995/3205, and SI 1997/1729.back [8] SI 1994/3082, amended by SI 1995/539, SI 1995/1763, SI 1995/2200, SI 1995/3205, SI 1996/1499 and SI 1999/683.back [9] SI 1995/3205, amended by SI 1996/3214.back [10] SI 1996/3124, amended by SI 1997/3023, SI 1998/994 and SI 1999/683. SI 1996/3124 has been applied by SI 1996/3125 to imports of fresh meat.back [11] SI 1992/2921, amended by SI 1994/1029, SI 1995/539, SI 1995/540 and SI 1995/2148.back
ISBN 0 11090364 1
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