S.I. No. 274/1982 - European Communities (Fresh Poultry Meat) Regulations, 1982.
S.I. No. 274 of 1982. | ||
EUROPEAN COMMUNITIES (FRESH POULTRY MEAT) REGULATIONS, 1982. | ||
I, BRIAN LENIHAN, Minister for Agriculture, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purposes of giving effect to Council Directive No. 71/118/EEC1 of 15 February, 1971 (as amended by Council Directive No. 75/379/EEC2 of 24 June, 1975, Council Directive No. 75/431/EEC of 10 July, 1975, Council Directive No. 78/50/EEC4 of 13 December, 1977, Council Directive No. 80/216/EEC5 of 22 January, 1980, Council Directive No. 81/578/EEC6 of 21 July, 1981 and Council Directive No. 82/532/EEC7 of 19 July, 1982) and Commission Directive No. 80/879/EEC8 of 3 September, 1980, hereby make the following Regulations:— | ||
1 O.J. No. L55, 8.3.1971, p.23. | ||
2 O.J. No. L172, 3.7.1975, p.17. | ||
3 O.J. No. L192, 24.7.1975, p.6. | ||
4 O.J. No. L15, 19.1.1978, p.28. | ||
5 O.J. No. L47, 21.2.1980, p.8. | ||
6 O.J. No. L209, 29.7.1981, p.35. | ||
7 O.J. No. L234, 9.8.1982, p.12. | ||
8 O.J. No. L251, 24.9.1980, p.10. 1. (1) These Regulations may be cited as the European Communities (Fresh Poultry Meat) Regulations, 1982. | ||
(2) These Regulations shall come into operation on the 30th day of August, 1982. 2. The Principal Regulations, the European Communities (Fresh Poultry Meat) Regulations, 1978 ( S.I. No. 109 of 1978 ), and these Regulations may be cited together as the European Communities (Fresh Poultry Meat) Regulations, 1976 to 1982. 3. (1) In these Regulations, except where the context otherwise requires— | ||
"the Council Directive" means Council Directive No. 71/118/EEC of 15 February, 1971 (as amended by Council Directive No. 75/379/EEC of 24 June, 1975. Council Directive No. 75/431/EEC of 10 July, 1975, Council Directive No. 78/50/EEC of 13 December, 1977, Council Directive No. 80/216/EEC of 22 January, 1980, Council Directive No. 81/578/EEC of 21 July, 1981 and Council Directive No. 82/532/EEC of 19 July, 1982) and Commission Directive No. 80/879/EEC of 3 September, 1980; | ||
"the Principal Regulations" means the European Communities (Fresh Poultry Meat) Regulations, 1976 ( S.I. No. 317 of 1976 ). | ||
(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive. 4. The Principal Regulations are hereby amended as follows:— | ||
( a ) in Regulation 2, the following definition is hereby substituted for the definition of "the Council Directive"; | ||
"'the Council Directive'" means Council Directive No. 71/118/EEC of 15 February, 1971 (as amended by Council Directive No. 75/379/EEC of 24 June, 1975, Council Directive No. 75/431/EEC of 10 July, 1975, Council Directive No. 78/50/EEC of 13 December, 1977, Council Directive No. 80/216/EEC of 22 January, 1980, Council Directive No. 81/578/EEC of 21 July, 1981 and Council Directive No. 82/532/EEC of 19 July, 1982) and Commission Directive No. 80/879/EEC of 3 September, 1980;", | ||
( b ) in Regulation 4 (2) (a), "apply" shall be substituted for "come into operation until the 15th day of August, 1981", | ||
( c ) in Regulation 9 (1) (c), "31st day of March, 1984" shall be substituted for "15th day of August, 1981", | ||
( d ) in Regulation 11, "the European Communities (Fresh Poultry Meat) Regulations, 1976 to 1982" shall be substituted for "these Regulations", and | ||
( e ) the following Regulation shall be inserted after Regulation 11: | ||
"11A. An authorised officer may at all reasonable times enter any premises in which he has reasonable grounds for believing that records maintained pursuant to the European Communities (Fresh Poultry Meat) Regulations, 1976 to 1982, or the Council Directive are kept and inspect and take copies of or extracts from any records which he finds on the premises and believes to be records so maintained.". 5. The European Communities (Fresh Poultry Meat) Regulations, 1978 ( S.I. No. 109 of 1978 ), are hereby amended as follows: | ||
( a ) in Regulation 2 (1), the following definition shall be substituted for the definition of "the Council Directive of 1971": | ||
"'the Council Directive of 1971' means Council Directive No. 71/118/EEC of 15 February, 1971 (as amended by Council Directive No. 75/379/EEC of 24 June, 1975, Council Directive No. 75/431/EEC of 10 July, 1975, Council Directive No. 78/50/EEC of 13 December, 1977, Council Directive No. 80/216/EEC of 22 January, 1980, Council Directive No. 81/578/EEC of 21 July, 1981 and Council Directive No. 82/532/EEC of 19 July, 1982) and Commission Directive No. 80/879/EEC of 3 September, 1980;", and | ||
( b ) in Regulation 5 (2), "31st day of March, 1984" shall be substituted for "15th day of August, 1981". 6. (1) Notwithstanding anything in the Council Directive or the European Communities (Fresh Poultry Meat) Regulations, 1976 to 1982, consignments of carcases, including those which have had removed parts of a kind referred to in paragraph 32.2. of Chapter VII of Annex I to the Council Directive, may be dispatched— | ||
( a ) from an approved slaughterhouse to approved cutting premises for cutting therein, or | ||
( b ) from an approved slaughterhouse or approved cutting premises to a meat product establishment for treatment, or | ||
( c ) from an approved slaughterhouse or approved cutting premises to restaurants, canteens and institutions for direct supply to the final user after heat treatment, | ||
subject to the following conditions: | ||
(i) the packaging containing the fresh poultry meat shall bear, on the external surface, the health mark in accordance with subparagraphs 1 (b) and 4 of paragraph 44 of Chapter X of Annex I to the Council Directive, | ||
(ii) the dispatch office shall maintain a record of the amount, type and destination of consignments received in accordance with these Regulations, | ||
(iii) the recipient cutting premises, meat product establishment or outlets referred to in subparagraph (c) of this paragraph, as the case may be, shall maintain a record of the amount, type and origin of consignments received in accordance with these Regulations, | ||
(iv) the destination and intended use of the consignment shall be clearly indicated on the external surface of the large packaging in accordance with Articles 2, 3 and 4 of and the Annex to Commission Directive No. 80/879/EEC of 3 September, 1980, | ||
(v) in the case of a consignment dispatched in accordance with subparagraph (a) of this paraagraph, the health mark on the large packaging shall be destroyed only under the supervision of the official veterinarian when the large packaging is opened, | ||
(vi) in the case of a consignment dispatched in accordance with subparagraph (b) of this paragraph, if the fresh poultry meat is intended for use in meat products for intra-Community trade, the health mark of the large packaging shall be destroyed only under the supervision of an authorised officer when the large packaging is opened, | ||
(vii) in the case of a consignment dispatched in accordance with subparagraph (c) of this paragraph, the outlets referred to in that subparagraph shall be subject to the control of an authorised officer who shall be entitled to have access to, inspect and take copies of or extracts from, the records kept. | ||
(2) ( a ) Where, in relation to a consignment of carcases, there is a contravention of condition (i), (ii) or (iv) of paragraph (1) of this Regulation, the person carrying on the business of the approved slaughterhouse, or the approved cutting premises, from which the consignment was dispatched shall be guilty of an offence. | ||
( b ) Where, in relation to a consignment of carcases, there is a contravention of condition (iii) of paragraph (1) of this Regulation, the person carrying on the business of the recipient cutting premises to which the consignment was dispatched shall be guilty of an offence. | ||
( c ) A person who contravenes condition (v) or (vi) of paragraph (1) of this Regulation shall be guilty of an offence. | ||
( d ) A person who obstructs an authorised officer or an official veterinarian in the performance of his functions under these Regulations shall be guilty of an offence. | ||
(3) A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £400 or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. | ||
(4) ( a ) In this Regulation— | ||
"approved cutting premises" means cutting premises standing approved of under the Principal Regulations or cutting premises outside the State standing approved of for the purposes of Article 5 of the Council Directive; | ||
"approved slaughterhouse" means a slaughterhouse standing approved of under the Principal Regulations or a slaughterhouse outside the State standing approved of for the purposes of Article 5 of the Council Directive; | ||
"authorised officer" and "official veterinarian" have the meanings respectively assigned to them by the Principal Regulations. | ||
( b ) The references to carcases in paragraphs (1) and (2) of this Regulation shall, in so far as the paragraphs apply to the dispatch of carcases referred to in subparagraph (b) of the said paragraph (1), be construed as including a reference to hearts, livers, gizzards and parts of carcases. 7. The following orders, that is to say: | ||
( a ) the Agricultural and Fishery Products (Regulation of Export) Act, 1947 (Export of Poultry and Rabbits) Order, 1950 ( S.I. No. 302 of 1950 ), and | ||
( b ) the Agricultural and Fishery Products (Regulation of Export) Act, 1947 (Export of Poultry and Rabbits) Order, 1950 (Amendment) Order, 1955 ( S.I. No. 200 of 1955 ), | ||
shall apply in relation to the exportation of fresh poultry meat from the State to a Member State of the European Communities unless— | ||
(i) the meat complies with the provisions of the Council Directive including provisions relating to the production, dispatch, storage, transport and exportation of fresh poultry meat, and | ||
(ii) the meat is eligible for intra-Community trade under the Council Directive. 8. Neither Regulation 14 (a) of the Food Hygiene Regulations, 1950 ( S.I. No. 205 of 1950 ), nor the Broiler Chickens, Turkeys and Eggs (Regulation of Import) Order, 1966 ( S.I. No. 154 of 1966 ), shall apply in relation to the importation into the State from a Member State of the European Communities of fresh poultry meat that— | ||
( a ) complies with the provisions of the Council Directive including provisions relating to the production, dispatch, storage, transport and exportation of meat, | ||
( b ) is eligible for intra-Community trade under the Directive, and | ||
( c ) is accompanied on inspection by a certificate in the form of Annex IV to the Council Directive. 9. The powers conferred by Regulation 11 of the Food Hygiene Regulations, 1950, shall not be exercised on or in respect of premises approved of under Regulation 5 of the Principal Regulations, and Regulation 25 and Part IV of the said Food Hygiene Regulations, 1950, shall not apply in respect of such premises. | ||
GIVEN under my Official Seal, this 18th day of August, 1982. | ||
BRIAN LENIHAN, | ||
Minister for Agriculture. | ||
EXPLANATORY NOTE. | ||
These Regulations amend the European Communities (Fresh Poultry Meat) Regulations, 1976 and the European Communities (Fresh Poultry Meat) Regulations, 1978 to bring them into line with amending Directives of the European Communities. They provide, inter alia, for the continuance of the exemption from the requirements of the Principal Regulations of producers of small numbers of poultry who sell their produce on local markets, as well as the derogation for the marketing of New York Dressed birds and the derogation for poultry processing plants chilling fresh poultrymeat by immersion in water. They also provide more practical conditions for the health marking of large packagings of poultry destined for use in the catering trade and exempt from certain licensing and structural requirements of the Food Hygiene Regulations, 1950, premises approved under the Fresh Poultry Meat Regulations, 1976 to 1982. |