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STATUTORY
INSTRUMENT
1994No.
2155
AGRICULTURE
The
Pig Carcase (Grading) Regulations 1994
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Laid before Parliament
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22nd August 1994
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Coming into force
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12th September
1994
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The Minister of Agriculture,
Fisheries and Food and the Secretary of State, being Ministers 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, acting jointly in
exercise of the powers conferred upon them by the said section 2(2) and of
all other powers enabling them in that behalf, hereby make the following
Regulations:
Title,
extent and commencement
1. These Regulations, which may
be cited as the Pig Carcase (Grading) Regulations 1994, shall extend to Great
Britain and shall come into force on 12th September 1994.
Interpretation
2.—(1) In these Regulations, unless the
context otherwise requires—
"the appropriate
Minister"—
(a) in relation to
England, means the Minister of Agriculture, Fisheries and Food;
(b) in relation to
Scotland or Wales, means the Secretary of State;
"authorised officer"
means a person (whether or not an officer of that Minister) authorised by the
appropriate Minister for the purposes of these Regulations;
"clean pig" means a
pig which has not been used for breeding;
"the Commission
Decision" means Commission Decision 88/234/EEC authorising methods for
grading pig carcases in the United Kingdom[3],
as amended by Commission Decision 88/478/EEC[4],
Commission Decision 92/557/EEC[5], Commission
Decision 93/445/EEC[6]and Commission Decision
94/336/EC[7];
"the Commission
Regulation" means Commission Regulation (EEC) No. 2967/85 laying down
detailed rules for the application of the Community scale for grading pig
carcases[8];
"Community provision"
means any requirement as to weighing, grading, marking or identifying of pig
carcases or the making or keeping of any record in relation thereto under the
Council Regulation, the Commission Regulation or the Commission Decision;
"the Council Regulation"
means Council Regulation (EEC) No. 3220/84 determining the Community scale
for grading pig carcases[9], as amended by
Council Regulation (EEC) No. 3530/86(b) and Council Regulation (EC) No.
3513/93(c);
"exempt carcase"
means the carcase of a pig—
(a) which has been used
for breeding; or
(b) which has been
obtained in a slaughterhouse in which there are slaughtered not more than 200
clean pigs per week on a yearly average basis;
"the MLC" means the
Meat and Livestock Commission established by virtue of section 1(1) of the
Agriculture Act 1967[10];
"occupier" means a
person carrying on the business of operating a slaughterhouse;
"pig carcase" has the
meaning assigned to it by the first indent of Article 2(1) of the Council
Regulation, except that, in pursuance of the derogations contained in
Articles 2 and 2a of the Commission Decision, the carcase may include—
(a) the tongue;
(b) the flare fat, the
kidneys and the diaphragm; or
(c) the tongue, the
flare fat, the kidneys and the diaphragm;
"slaughterhouse"
means a slaughterhouse in which pigs are slaughtered.
(2) In these Regulations, unless the context
otherwise requires, any reference to a numbered regulation or Schedule is a
reference to the regulation or Schedule so numbered in these Regulations.
Exemption
3. Regulation 6 shall not apply
in relation to any exempt carcase.
Registration
4.—(1) Subject to paragraphs (3) and (4)
below, every person who is or becomes an occupier on the day these
Regulations come into force shall within 28 days of that day give written
notice to the appropriate Minister of the particulars specified in Schedule
1.
(2) Every person who
becomes an occupier on any day after the day these Regulations come into
force shall within 28 days of becoming an occupier give written notice to the
appropriate Minister of the particulars specified in Schedule 1.
(3) An occupier who—
(a) has notified
particulars in compliance with paragraph (1) of regulation 3 of the Pig
Carcase (Grading) Regulations 1988[11](whether
or not he has notified a change in those particulars in compliance with
paragraph (2) of that regulation); and
(b) on the day these
Regulations come into force continues to be the occupier of the
slaughterhouse in relation to which he notified those particulars,
shall not be under any
obligation to give particulars as required by paragraph (1) above.
(4) Notwithstanding
paragraph (3) above, an occupier described in that paragraph shall, on being
required by written notice given to him by the appropriate Minister at any
time, give to that Minister the particulars specified in Schedule 1 or such
of those particulars as the appropriate Minister may specify in his notice,
within such period (not being less than 28 days) as shall also be specified
in that notice.
Special
grading criterion
5. There shall be added to the
grading scale which applies by virtue of Article 3(2) of the Council
Regulation the additional grade referred to in Article 3(3) of that
Regulation.
Weighing,
etc., of carcases of pigs
6. An occupier shall—
(a) forthwith prepare
each carcase of a pig slaughtered in his slaughterhouse so that it becomes a
pig carcase;
(b) except where the MLC
is bound by the obligation specified in regulation 7(5)(c), weigh each such
pig carcase in accordance with the provisions of Article 2(2) of the Council
Regulation, make a record of the weight of each such pig carcase and
thereafter calculate the weight of the cold carcase by reference to the
provisions of Article 3 of the Commission Decision;
(c) except where the MLC
is bound by the obligation specified in regulation 7(5)(c), grade each such
pig carcase in compliance with the requirements of Article 3(1) and (2) of
the Council Regulation as read with regulation 5, by the application of one
of the methods authorised by the Commission Decision;
(d) except where MLC is
bound by the obligation specified in regulation 7(5)(c), in the case of each
such pig carcase to be marketed whole in another Member State, mark it in the
manner prescribed by Article 4(1) of the Council Regulation and Article 4(1)
or (2) of the Commission Regulation; and
(e) in the case of each
such pig carcase to be marketed whole or in cuts in the United Kingdom or in
cuts in another Member State—
(i) except where the MLC
is bound by the obligation specified in regulation 7(5)(c), mark it in the
manner so prescribed, or
(ii) make and, except
where the MLC is bound by the obligation specified in regulation 7(5)(c),
keep a record relating to it in compliance with the requirements of Article
4(2) of the Council Regulation and identify it in accordance with Article 5
of the Commission Regulation.
Undertaking
of grading, etc., of certain pig carcases by the MLC
7.—(1) An occupier may request the MLC to
carry out the Community classification requirements at a slaughterhouse
occupied by him.
(2) An occupier shall,
subject to paragraphs (3) and (4) below—
(a) make such a request
by written notice, to be given to the MLC not less than six months before the
date on which he requires the MLC to commence the carrying out of the
Community classification requirements at the slaughterhouse concerned; and
(b) within 30 days from
the date of such notice, agree with the MLC a classification charge.
(3) The MLC may—
(a) notwithstanding
paragraph (2)(a) above, accept a notice of less than six months; and
(b) notwithstanding
paragraph (2)(b) above, agree with an occupier a classification charge at any
time.
(4) If the occupier and the MLC fail to agree a
classification charge, the MLC may refuse to carry out the Community
classification requirements and in such event shall notify the occupier in
writing of such refusal.
(5) Where the MLC has
received a notice to carry out the Community classification requirements at a
slaughterhouse and agreed with the occupier a classification charge, the MLC
shall—
(a) forthwith notify that
occupier in writing of—
(i) its agreement to carry
out the Community classification requirements at that slaughterhouse,
(ii) the classification
charge and the period for which such charge is to apply, as agreed between
the MLC and that occupier, and
(iii) the date of
commencement;
(b) forthwith notify the
appropriate Minister in writing of its agreement to carry out the Community
classification requirements at that slaughterhouse and the date of
commencement;
(c) subject to paragraphs
(6), (7) and (9) below, from the date of commencement carry out the Community
classification requirements in respect of every pig carcase, other than any
exempt carcase, obtained in that slaughterhouse and presented by the
occupier; and
(d) as soon as reasonably
practicable after carrying out such Community classification requirements
provide the occupier with—
(i) the particulars
specified in Schedule 2,
(ii) the particulars
relating to each pig carcase to be recorded under regulation 6(e)(ii), and
(iii) any other details
relating to such Community classification requirements or any pig carcase as
the occupier may reasonably require so as to enable him to comply with these
Regulations or any Community provision.
(6) The MLC having agreed to carry out the Community
classification requirements at a slaughterhouse in accordance with paragraph
(5) above may suspend or revoke that agreement if the occupier of that
slaughterhouse—
(a) fails to pay to the
MLC on demand the classification charge;
(b) fails to present to
the MLC for such Community classification pig carcases that fully comply with
the definition of "pig carcase" in regulation 2(1);
(c) fails to provide such
information and assistance as the MLC may reasonably request so as to enable
it to carry out the Community classification requirements;
(d) carries out or allows
any other person to carry out the Community classification requirements in
respect of any pig carcase obtained in that slaughterhouse at any time after
the date of commencement; or
(e) fails at any time
after the date of commencement to present to the MLC any pig carcase, other
than an exempt carcase, obtained in that slaughterhouse so as to enable the
MLC to carry out the Community classification requirements in respect of that
pig carcase,
and the obligation specified in
paragraph (5)(c) above shall not bind the MLC during the period of effect of
such suspension or, as the case may be, from the date of effect of such
revocation.
(7) The MLC having
agreed to carry out the Community classification requirements at a slaughterhouse
may suspend or revoke that agreement if the period referred to in paragraph
(5)(a)(ii) above has expired without the MLC and that occupier agreeing a
classification charge for a further period, and the obligation specified in
paragraph (5)(c) above shall not bind the MLC during the period of effect of
such suspension or, as the case may be, from the date of effect of such
revocation.
(8) The MLC shall
forthwith give written notice to the occupier and the appropriate Minister of
any action it may have taken under paragraph (6) or (7) above.
(9) Where the MLC has
agreed with an occupier to carry out the Community classification
requirements at his slaughterhouse and has agreed with that occupier a
classification charge, that occupier shall not revoke that first-mentioned
agreement except—
(a) by giving to the MLC
a further notice in writing to take effect forthwith or on such date as may
be specified in that notice where, for whatever reason, the MLC has failed to
carry out the Community classification requirements in respect of every pig
carcase obtained in that slaughterhouse for a continuous period of 2 days
(excluding days on which, under that agreement, the MLC is not obliged to
carry out such requirements);
(b) by agreement with the
MLC; or
(c) by giving to the MLC
a further notice in writing of not less than six months provided that the
occupier shall not give such notice during the first six months from the date
of commencement,
but from the date of effect of
any revocation in accordance with this paragraph the obligation specified in
paragraph (5)(c) above shall not bind the MLC.
(10) The occupier
shall forthwith give written notice to the appropriate Minister of any action
he may have taken under paragraph (9) above.
(11) In this
regulation—
"classification
charge" means the amount which the occupier of a slaughterhouse may from
time to time agree with the MLC to pay to it for the Community classification
requirements to be carried out by the MLC at that slaughterhouse in
accordance with this regulation;
"Community classification
requirements" means the requirements imposed on occupiers of
slaughterhouses by regulation 6(b) to (e), except the requirements to keep a
record and to identify each carcase specified in sub-paragraph (ii) of the
said regulation 6(e);
"date of
commencement" means the date, agreed between the MLC and an occupier of
a slaughterhouse, from which the MLC will carry out the Community
classification requirements at that slaughterhouse.
(12) In Part I of
Schedule 1 to the Agriculture Act 1967, after paragraph 10A there shall be
inserted the following paragraph—
"10B.
Functions under regulation 7 of the Pig Carcase (Grading) Regulations 1994
(undertaking of grading, etc., of certain pig carcases)." .
Powers of
authorised officers
8.—(1) An authorised officer may at all
reasonable hours and on producing, if so required, a duly authenticated
document showing his authority, for the purpose of ascertaining whether any
Community provision or these Regulations have been or are being complied
with—
(a) enter any
slaughterhouse or any other premises which he reasonably suspects to be a
slaughterhouse;
(b) inspect any pig
carcase or part of such a carcase or any carcase or part of a carcase which
he reasonably suspects to be a pig carcase or part of such a carcase in that
slaughterhouse;
(c) examine any records
which an operator is required to keep under regulation 6(e)(ii) and any other
records in the possession or under the control of an occupier relating to the
slaughter of pigs at any slaughterhouse of that occupier and where any such
record is kept by means of a computer, have access to and inspect and check
the operation of any computer and associated apparatus or material which is
or has been in use in connection with that record;
(d) require that copies
of or extracts from any such record be produced and, where such record is
kept by means of a computer, require it to be produced in a form in which it
may be taken away;
(e) retain any such
record which he has reason to believe may be required as evidence in
proceedings under these Regulations.
(2) An authorised officer entering any
slaughterhouse or other premises by virtue of this regulation may take with
him such other persons and such equipment as he considers necessary.
(3) Where any record
referred to in paragraph (1)(c) above is in the possession or under the
control of the MLC, the MLC shall on request produce such record to an
authorised officer and the provisions of paragraph (1)(c), (d) and (e) above
shall apply in relation to such record.
Assistance
to authorised officers
9.—(1) An occupier shall give to an
authorised officer such assistance as the authorised officer may reasonably
request so as to enable the authorised officer to exercise any power
conferred under regulation 8.
(2) In paragraph (1)
above "occupier" includes the MLC when carrying out the Community
classification requirements under regulation 7.
Notices
10. Any notice to be given under
these Regulations may be given—
(a) by delivering it to
that person;
(b) by leaving it or
sending it in a prepaid letter addressed to him, at his usual or last known
place of business or residence;
(c) in the case of a
notice to be given to the MLC, by delivery or by post in a registered letter
or by recorded delivery service to its Head Office; or
(d) in the case of a
notice to be given to a body corporate, by delivery or by post in a
registered letter or by recorded delivery service to its registered office or
principal place of business in Great Britain.
Offences
and penalties
11.—(1) If any person—
(a) intentionally
obstructs an authorised officer in the exercise of the powers conferred by
regulation 8; or
(b) fails to comply with
a notice given under regulation 4(4), a requirement made under regulation
8(1)(d) or a request made under regulation 9,
he shall be guilty of an
offence and liable on summary conviction to a fine not exceeding level 3 on
the standard scale.
(2) If any person
fails to comply with any other requirement imposed on him by these
Regulations he shall be guilty of an offence and liable on summary conviction
to a fine not exceeding level 5 on the standard scale.
(3) If any person—
(a) makes an entry which
he knows to be false in any record which is required to be kept by virtue of
regulation 6(e)(ii) or, with intent to deceive, makes use of any entry which
he knows to be false;
(b) with intent to
deceive applies or as the case may be attaches to a pig carcase or part of
such a carcase—
(i) a mark prescribed by
Article 4(1) of the Council Regulation or Article 4(1) or (2) of the
Commission Regulation, or
(ii) a label prescribed
by Article 4(3) of the Commission Regulation; or
(c) applies to a pig
carcase or part of such a carcase a mark so closely resembling a mark
prescribed by Article 4(1) of the Council Regulation or Article 4(1) or (2)
of the Commission Regulation as to be calculated to deceive or applies to a
label attached by virtue of Article 4(3) of the Commission Regulation an
indication so closely resembling an indication prescribed by that Article as
to be calculated to deceive,
he shall be guilty of an
offence and liable on summary conviction to a fine not exceeding the
statutory maximum or to imprisonment for a term not exceeding three months or
both, or on conviction on indictment to a fine or to imprisonment for a term
not exceeding two years or both.
(4) Any proceedings
for an offence under paragraph (1) or (2) above or summary proceedings in
Scotland for an offence under paragraph (3) above may, subject to paragraph
(5) below, be commenced within a period of six months from the date on which
evidence sufficient in the opinion of the prosecutor to warrant proceedings
came to his knowledge.
(5) No such
proceedings shall be commenced by virtue of paragraph (4) above more than
twelve months after the commission of the offence.
(6) For the purposes
of paragraph (4) above—
(a) a certificate signed
by or on behalf of the prosecutor and stating the date on which evidence
sufficient in his opinion to warrant the proceedings came to his knowledge
shall be conclusive evidence of that fact; and
(b) a certificate stating
that matter and purporting to be so signed shall be deemed to be so signed
unless the contrary is proved.
(7) In relation to proceedings in Scotland,
subsection (3) of section 331 of the Criminal Procedure (Scotland) Act 1975[12](date of commencement of proceedings) shall
apply for the purposes of paragraphs (4) and (5) above as it applies for the
purposes of that section.
(8) Where an offence
under this regulation which has been committed by a body corporate is proved
to have been committed with the consent or connivance, or to be attributable
to any neglect on the part of, any director, manager, secretary or other
similar officer of the body corporate, or any person who was purporting to
act in any such capacity, he as well as the body corporate shall be deemed to
be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
(9) Where the affairs
of a body corporate are managed by its members, the provisions of paragraph
(8) of this regulation shall apply in relation to the acts and defaults of a
member in connection with his functions of management as if he were a
director of the body corporate.
(10) Where an offence
under this regulation is committed in Scotland by a Scottish partnership and
is proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of, a partner, he as well as the
partnership shall be guilty of the offence and be liable to be proceeded
against and punished accordingly.
Defence
of due diligence
12. In any proceedings for an
offence under these Regulations it shall be a defence for the accused to
prove that he took all reasonable precautions and exercised all due diligence
to avoid the commission of the offence.
Revocation
13. The Pig Carcase (Grading)
Regulations 1988 and the Pig Carcase (Grading) (Amendment) Regulations 1989[13] are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture,
Fisheries and Food is hereunto affixed on 9th August 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Hector Munro
Parliamentary Under Secretary of State,
Scottish Office
5th August 1994
Notes:
[1] S.I. 1972/1811. back
[2] 1972 c. 68. back
[3] OJ No. L105, 26.4.88, p.15. back
[4] OJ No. L234, 24.8.88, p.17. back
[5] OJ No. L358, 8.12.92, p.22. back
[6] OJ No. L208, 19.8.93, p.36. back
[7] OJ No. L150, 16.6.94, p.34. back
[8] OJ No. L285, 25.10.85, p.39. back
[9] OJ No. L301, 20.11.84, p.1. back
[10] OJ No. L326, 21.11.86, p.8. back
[11] OJ No. L320, 22.12.93, p.5. back
[12] 1967 c. 22. back
[13] S.I. 1988/1180, amended by S.I. 1989/644. back
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