S.I. No. 89/1992 - Abattoirs Act, 1988 (Veterinary Examination) Regulations, 1992.


I, JOE WALSH, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 39 of the Abattoirs Act, 1988 (No. 8 of 1988), and Section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of implementing Council Directive 88/409/EEC of 15 June 1988(1) and Council Directive 91/497/EEC of 29 July 1991(2) in so far as it relates to the veterinary examination of animals and meat hereby make the following Regulations:

(1) O.J. No. L194 of 22.7.88

(2) O.J. No. L268 of 24.9.91

1 Citation.

1. These Regulations may be cited as the Abattoirs Act, 1988 (Veterinary Examination) Regulations, 1992.

2 Commencement.

2. These Regulations shall come into operation on the 1st day of June, 1992.

3 ..

3. (1) In these Regulations—

"the Act" means the Abattoirs Act, 1988 (No. 8 of 1988);

"administration", in relation to an animal, includes oral, parenteral topical, administration or application, and administration or application by inhalation or by incorporation in food or water or by means of automatic machines or processors;

"animal" where used without qualification, means an animal intended to be slaughtered at an abattoir or, as the case may be, that has been slaughtered at an abattoir;

"enactment" includes an instrument made under an enactment;

"ear tag" has the same meaning as it has in the Regulations of 1989;

"health mark" means the mark prescribed by regulations made under section 40 of the Act;

"meat", where the context admits, includes processed meat and meat products;

"pesticide residue" has the same meaning in these Regulations as it has in the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) Regulations, 1988, ( S.I. No. 217 of 1988 );

"the Regulations of 1989" means the Abattoirs Act, 1988 (Abattoirs) Regulations, 1989 ( S.I. No. 152 of 1989 );

"relevant period", in relation to a certificate or statutory declaration, means such period not exceeding 90 days immediately before the giving of the certificate or declaration as the veterinary inspector concerned considers appropriate;

"the veterinary inspector" means the veterinary inspector referred to in section 36 of the Act;

"veterinary medicinal product" has the same meaning in these Regulations as it has in the European Communities (Veterinary Medicinal Products) Regulations, 1986 ( S.I. No. 22 of 1986 ).

(2) A reference in these Regulations to an enactment is a reference to that enactment as amended, extended as adopted by any subsequent enactment.

4 Powers of veterinary examiners.

4. For the purposes of these Regulations the veterinary inspector may—

( a ) give such directions as he thinks appropriate and that are reasonable (including directions with respect to the handling of animals) to the occupier of the abattoir or a servant or agent of the occupier and a person to whom such directions are given shall comply therewith;

( b ) take any necessary samples without payment of an animal, (including blood, urine, or faeces) or of the meat, the carcase (or any part thereof) or offal of an animal for testing and analysis;

( c ) require any person who was the owner or person in charge of an animal during the relevant period to give to the veterinary inspector a certificate or statutory declaration stating—

(i) whether or not any veterinary medicinal product or pesticide has been administered or applied to the animal concerned during the relevant period and, if any veterinary medicinal product or pesticide has been so administered or applied, stating the date of such administration or application, the name of the veterinary medicinal product or pesticide and the quantity thereof so applied or administered; or

(ii) whether or not the animal has been under the care of a veterinary surgeon during the period of 12 months immediately before the giving of the certificate or statutory declaration and, if it has been, the name and address of the veterinary surgeon concerned; or

(iii) the name and address of any other person who was the owner or person in charge of the animal during the relevant period;

( d ) require any veterinary surgeon to give to the veterinary inspector a certificate or statutory declaration in respect of an animal which has been in his care during the period of 12 months immediately prior to the giving of the certificate or statutory declaration stating whether or not, to his knowledge, any veterinary medicinal product has been administered or applied to the animal during the relevant period and, if any veterinary medicinal product has been so administered or applied, stating the date of such administration or application, the name of the product and the quantity thereof so applied or administered.

5 Assistants to veterinary inspectors.

5. An officer or servant appointed under section 35 (3) of the Act may assist the veterinary inspector in the carrying out of his duties or the exercising of his powers under these Regulations.

6 Ante-Mortem examination.

6. (1) The veterinary inspector shall conduct an ante-mortem examination of an animal on the day of its arrival at the abattoir or before the beginning of daily slaughtering of animals. He shall conduct a further such examination of an animal immediately before its slaughter if it has been in the lairage overnight.

(2) Prior to commencing the ante-mortem examination of a bovine animal over the age of 6 weeks the veterinary inspector shall check that it has affixed to its ear an approved ear tag.

(3) The occupier of an abattoir shall ensure that each bovine animal which is to be slaughtered at that abattoir bears an identifying mark or number to enable the veterinary inspector to determine its origin.

(4) The veterinary inspector shall conduct the ante-mortem examination in accordance with the provisions of Part I of the First Schedule to these Regulations.

7 Grounds on which animals may not be passed as fit for slaughter for human consumption.

7. Upon the completion of an ante-mortem examination of an animal the veterinary inspector shall declare whether or not the animal is fit for slaughter for human consumption; the grounds upon which the veterinary inspector may declare an animal to be unfit for such slaughter are set out in Part II of the First Schedule to these Regulations.

8 Prohibition on the slaughter of unfit animals.

8. The slaughter of an animal which has been declared by a veterinary inspector to be unfit for slaughter for human consumption is hereby prohibited unless the slaughter is for humane reasons.

9 Post-Mortem examination.

9. The veterinary inspector shall conduct a post-mortem examination of an animal which has been slaughtered at an abattoir; the examination shall be conducted in accordance with the provisions of Part I of the Second Schedule to these Regulations.

10 Meat passed fit for human consumption.

10. Where meat of an animal is presented to the veterinary inspector for the application of a health mark thereto the veterinary inspector shall, if the conditions specified in section 41 (2) of the Act have been complied with, apply or cause to be applied the health mark to the meat.

11 Detention of meat for further examination.

11. (1) A veterinary inspector or any officer or servant appointed to assist a veterinary inspector under section 35 (3) of the Act may detain the meat or the carcase (or any part thereof) or offal of an animal for further examination, if he suspects such meat, carcase, part thereof or offal:

( a ) to be affected with any disease or condition or to be contaminated,

( b ) not to have been the subject of an ante-mortem or post-mortem examination by a veterinary inspector in accordance with these Regulations,

( c ) to be derived from an animal to which Regulation 59 (5) of the Regulations of 1989 applies and the animal was not accompanied by the certificate referred to in the said provision,

( d ) to be derived from an animal which may have consumed or been treated with, exposed to or administered substances the use of which is prohibited by any enactment or likely to make the meat dangerous or harmful to human health.

( e ) of not otherwise satisfying any of the test methods, standards or requirements prescribed under these Regulations,

( f ) to be derived from an animal, which was unfit for slaughter for human consumption or was not slaughtered in accordance with the Regulations of 1989 or was not clean, fresh, properly dressed and in a marketable condition,

( g ) to be derived from an animal, the slaughter of which for human consumption is prohibited under any enactment,

( h ) to be meat the sale of which for human consumption is prohibited under any enactment,

( i ) to contain pesticide residues, the level of which (in relation to the category of controlled product specified in the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) Regulations, 1988, into which the meat concerned falls) exceeds the maximum level specified in the said Regulations in respect of the type of pesticides residues contained in the meat and this subparagraph shall apply and have effect, notwithstanding Regulation 3 (1) of the said Regulations and irrespective of the intended destination of the meat or the country to which it is to be exported,

( j ) to be derived from an animal the slaughter of which for human consumption is prohibited by the European Communities (Control of Veterinary Medicinal Products and their Residues) Regulations 1988 and 1990,

( k ) to be otherwise unfit for human consumption.

(2) The veterinary inspector may:

( a ) detain the meat, the carcase (or any part thereof) or offal of an animal brought into an abattoir for the purposes of cutting or further processing for further examination and if necessary, until such time as the veterinary inspector is satisfied as to its origin and its fitness for human consumption, and that it complies with the provisions of the Act,

( b ) direct that meat of an animal brought into an abattoir be stored, cut or processed in accordance with the provision of the Regulations of 1989.

(3) The veterinary inspector shall require the occupier of an abattoir to keep a record of the meat of each animal brought into the abattoir and of its origin and from where it has been purchased and the occupier shall retain such records for the period of 6 months from the date of the meat being brought into this abattoir.

(4) Meat which is detained under these Regulations shall be stored in accordance with the provisions of Regulation 18 of the Regulations of 1989.

12 Additional inspections, etc.

12. (1) In the case of doubt, the veterinary inspector shall conduct such further examinations of the meat, the carcase (or any part thereof) or offal of an animal that he considers necessary in order to reach a final decision as to whether or not the meat of that animal is fit for human consumption.

(2) The veterinary inspector may, if he considers it to be necessary, require that the occupier of the abattoir treat by freezing the carcase or the meat of an animal for a specified duration or otherwise treat the carcase or meat in such manner as he may specify before he declares it to be fit for human consumption.

13 The grounds on which meat may be declared unfit for human consumption.

13. (1) Upon completion of the examinations (including any further examinations under Regulation 12) required by these Regulations to be conducted the veterinary inspector shall declare whether or not the meat, the carcase (or any part thereof) or offal or an animal is fit for human consumption; the grounds upon which the veterinary inspector may declare it to be unfit for such consumption are set out in Part II of the second schedule to these Regulations.

(2) The veterinary inspector may declare the meat, the carcase (or any part thereof) or offal of an animal to be unfit for human consumption, whether or not such meat, carcase, part of a carcase, or offal has previously been declared as fit for human consumption and to have had a health mark applied to it or to have been identified or labelled in accordance with Regulations made under section 40 of the Act, if such meat, carcase, part of a carcase or offal is subsequently found by the veterinary inspector—

( a ) to be diseased or contaminated, or affected with any condition which renders it unfit for human consumption, or

( b ) to have deteriorated in its condition, or

( c ) not to be in a clean, marketable condition, or in compliance with the requirements of the Act or Regulations made thereunder,

( d ) not to satisfy all of the test methods, standards or requirements prescribed under these Regulations, or

( e ) to be otherwise unfit for human consumption.

(3) The veterinary inspector shall direct that meat declared unfit for human consumption be stored in a separate waste container in accordance with the provisions of the Regulations of 1989 pending its disposal.

14 Denaturing, destruction etc. of unfit meat.

14. Meat declared to be unfit for human consumption under these Regulations shall be—

( a ) immediately isolated from other meat by the occupier of the abattoir,

( b ) marked by the veterinary inspector or the occupier of the abattoir at the direction of the veterinary inspector with multiple deep incisions by means of a knife, or by any other means which the veterinary inspector considers appropriate;

( c ) stained by the veterinary inspector or the occupier of the abattoir at the direction of the veterinary inspector with a green staining ink, or other officially approved marking material, suitable for staining and denaturing unfit meat;

( d ) stored by the occupier of the abattoir in a waste container for unfit meat, which shall be kept locked, when so required by the veterinary inspector and stored in accordance with the provisions of the Regulations of 1989;

( e ) disposed of, denatured or destroyed (whether by way of rendering, incineration or burning or by other means) by or on behalf of the occupier of the abattoir in accordance with the directions of the veterinary inspector.

15 Test methods.

15. An examination conducted under these Regulations to determine the fitness of meat for human consumption shall be conducted in accordance with proven methods which are scientifically recognised, in particular those provided for in the law of the European Communities or that are specified in relevant international standards.

FIRST SCHEDULE

ANTE-MORTEM EXAMINATION.

PART I

Conduct of ante-mortem examination.

1. The veterinary inspector shall conduct an ante-mortem examination of an animal intended to be slaughtered under suitable lighting and in such examination he shall determine—

( a ) whether the animal is suffering from a disease which is communicable to humans or animals, in particular the diseases specified in Part II of this Schedule, or whether it shows symptoms, or is in a general condition such as to indicate that it is affected by such a disease;

( b ) whether the animal shows symptoms of disease or of a disorder of its general condition which is likely to make its meat unfit for human consumption;

( c ) whether the condition of the animal indicates that it is unfit for slaughter for human consumption;

( d ) whether the animal shows signs or symptoms of having had veterinary medicinal products or pesticides administered or applied to it in such manner or quantity or at such a time that residues of such substances exceeding the levels permitted by law are likely to remain in the edible tissues of the animal after it has been slaughtered;

( e ) whether the animal shows signs or symptoms of having consumed or, been treated with, exposed to or administered any substances, other than those referred to at subparagraph (d) of this paragraph which may make its meat harmful to human health;

( f ) whether the animal is tired, agitated or injured;

( g ) whether the animal is otherwise fit for slaughter for human consumption.

2. An ante mortem examination of an animal by the veterinary inspector shall include observation of the animal by him and, where the veterinary inspector thinks it appropriate to do so—

( a ) the taking of the animals temperature; and

( b ) the taking of samples from the animal, whether of urine, faeces, blood, tissue or otherwise.

PART II

Grounds on which animals may not be passed as fit for slaughter for human consumption.

The following are the grounds upon which the veterinary inspector may declare an animal unfit for slaughter for human consumption—

( a ) the animal is not in a rested condition and has not been rested for an adequate period; or

( b ) the animal shows signs or symptoms of a disease, disorder, condition, or injury which is likely to make its meat unfit for human consumption and, in particular, if it shows signs or symptoms of any of the following diseases or conditions:

— Anthrax;

— acute or chronic septic conditions with systemic disturbance or to an extent sufficient to render meat or offals unfit for food;

— advanced pregnancy;

— Blackquarter or Blackleg;

— imminent death;

— digestive disorders with systemic disturbance;

— disease specified in the First Schedule to the Diseases of Animals Act, 1966 (No. 5 of 1966), or any order thereunder whether or not it renders meat or offals unfit for food, and until it has been dealt with in accordance with the requirements of that Act or an order thereunder;

— extensive injuries which render meat or offals unfit for food (except in cases in which the extent of the injuries may necessitate immediate slaughter of the animal on humane grounds);

— extensive skin affectations which may render the meat or offals unsightly, unwholesome, or unfit for food;

— amaciation;

— exhaustion, excitement or fatigue;

— fever;

— gangrenous conditions, unless confined in extent and effect to small area;

— Glanders;

— immaturity;

— joint ill or navel infections;

— Listeriosis;

— Metritis, whether acute or septic;

— Mastitis or Mannitis, whether acute, septic or gangrenous;

— milk fever;

— Oedema, general and dropsical;

— Pneumonia and pleurisy;

— Piroplasmosis (Red-water);

— Rabies;

— respiratory distress with systemic disturbance;

— Salmonellosis;

— Swine fever or swine erysipelas;

— Tetanus;

( c ) the veterinary inspector reasonably believes that veterinary medicinal products or pesticides have been administered or applied to the animal in such manner or quantity or at such a time that residues of such substances in excess of the levels permitted by law are likely to remain in the edible tissues of the animal after it has been slaughtered;

( d ) the veterinary inspector reasonably believes that the animal shows signs or symptoms of having consumed or been treated with, exposed to, or administered any substance, other than those referred to in the foregoing paragraph, which may make its meat harmful to human health;

( e ) the animal is one to which Regulation 59 (5) of the Regulations of 1989 applies and is not accompanied by the certificate referred to in that provision;

( f ) the veterinary inspector has otherwise reasonable grounds to believe that the animal or its meat will not satisfy any tests, standards or requirements provided for under these Regulations;

( g ) the slaughter of the animal for human consumption is prohibited under any enactment;

( h ) a certificate or statutory declaration has been requested to be given with respect to the animal by the veterinary inspector under these Regulations and has not been given;

( i ) the slaughter of the animal for human consumption is prohibited by the Poisons (Control of Residues in Food of Animal Origin) Regulations, 1985 and 1986, or the European Communities (Control of Veterinary Medicinal Products and their Residues) Regulations, 1988 to 1991, or

( j ) the meat of the animal would, if the animal were to be slaughtered, be unfit for human consumption by reason of the European Communities (Control of Veterinary Medicinal Products and their Residues) Regulations 1988 to 1991, or

( k ) the veterinary inspector otherwise finds the animal to be unfit for slaughter for human consumption.

SECOND SCHEDULE

PART I

POST MORTEM EXAMINATION.

For all species.

1. (1) The veterinary inspector shall conduct a post-mortem examination of an animal as follows—

( a ) All parts of the animal, including the blood, must be inspected as soon as possible after slaughter to ensure that the meat is fit for human consumption.

( b ) The animal shall be visibly inspected and its carcase and meat examined for abnormality in colour, odour, or conditions.

( c ) Visual inspection and palpation shall be carried out on the lungs, liver, spleen, and tongue and on the lymph nodes specified in this part and depending on the conclusions reached by the veterinary inspector, the uterus and udder.

( d ) Organs and the lymph nodes specified in this Part shall be incised. If visual inspection or palpation of certain organs indicate the animal has lesions which can contaminate any other carcases, or the equipment, staff or the work premises, these organs must not be incised in the slaughter room or any other part of the abattoir where such contamination might occur.

( e ) Lymph nodes which are required to be incised under the provisions of this Part shall be systematically subjected to multiple incisions and visible examination by the veterinary inspector.

( f ) Anomalies in consistency, colour, smell, condition, and where appropriate, taste, shall be investigated.

(2) In addition to the inspections referred to in paragraph 1 of this Part, the veterinary inspector shall examine the carcase for—

( a ) condition of nutrition,

( b ) evidence of bruising, haemorrhage or discoloration,

( c ) local or general oedema,

( d ) efficiency of bleeding,

( e ) swelling or deformities of bones or joints, or swellings or other abnormalities in musculature,

( f ) any other condition or abnormality which may make the meat unfit for human consumption,

( g ) indications of the administration or application to the animal or veterinary medicinal products or pesticides,

( h ) where the veterinary inspector deems it necessary or advisable, the carrying out of laboratory tests on faeces, urine, blood or tissues or other tests to determine the presence of substances having pharmacological action or of residues of veterinary medicinal products or pesticides or of other substances that, in the opinion of the veterinary inspector, render meat or offals unfit for human consumption, or which are likely to be dangerous or harmful to human health.

Bovines over six weeks old.

3. Without prejudice to the generality of paragraph 1 of this Part the veterinary inspector shall proceed in the following way in the examination of a bovine animal over 6 weeks old—

( a ) The head and throat must be visually inspected; The submaxillary, retro-pharyngeal and poratid lymph nodes (Inn retro-pharyngiales, mandibulares, and parotidei) must be incised and examined; The external masseter muscle in which two incisions must be made parallel to the mandible, and the internal masseter muscle (internal pterygoid muscles), which must be incised along one plane, must be examined; The tongue, having been freed to permit a detailed visual inspection of the mouth and the fauces, must be visually inspected and palpated; The tonsils must be removed.

( b ) The trachea must be inspected;

The lungs and the oesophagus must be visually examined and palpated; The bronchial and mediastinal lymph nodes (Inn bifurcationes eparteriales and mediastinales) must be incised and examined; The trachea and the main branches of the bronchi must be opened lengthwise, and the lungs must be incised in their posterior third, perpendicular to their main axes; The opening of the trachea and the bronchi and the incision of the posterior third of the lungs shall not be necessary where the lungs are excluded from human consumption.

( c ) The pericardium and the heart must be visually inspected, the latter being incised lengthwise so as to open the ventricles and to cut through the interventricular septum.

( d ) The diaphragm must be visually inspected.

( e ) The liver and the hepatic and pancreatic lymph nodes (Inn portales) must be visually inspected and palpated; The gastric surface of the liver and the base of the candate lobe must be incised to examine the bile ducts; The pancreatic lymph nodes must be inspected and palpated.

( f ) The gastro-intestinal tract, the mesentry, the gastric and mesenteric lymph nodes (Inn gastrici, mesenterici, craniales and caudales) must be visually inspected. The gastric and mesenteric lymph nodes, must be palpated and, if necessary, incised.

( g ) The spleen must be visually inspected and, if necessary, palpated.

( h ) The kidneys must be visually inspected and if necessary, the kidneys and the renal lymph nodes (Inn renales) incised.

( i ) The pleura and the peritoneum must be visually inspected.

( j ) The genital organs must be visually inspected.

( k ) The udder and its lymph nodes (Inn supramammarii) must be visually inspected and, if necessary, palpated and incised.

Bovines under six weeks old.

4. Without prejudice to the generality of paragraph 1 of this Part the veterinary inspector shall proceed in the following way in the examination of a bovine animal 6 weeks old or younger—

( a ) The head and the throat must be visually inspected;

The retro pharangeal lymph nodes (Inn retropharyngiales) must be incised and examined; The mouth and the fauces must be inspected and the tongue must be palpated; The tonsils must be removed;

( b ) The lungs, the trachea and the oesophagus must be visually inspected; The lungs must be palpated; The bronchial and mediastinal lymph nodes (Lnn bifurcationes, eparteriales and mediastinales) must be incised and examined; The trachea and the main branches of the bronchi must be opened lengthwise and the lungs must be incised in their posterior third, perpendicular to their main axes, these incisions shall not be necessary where the lungs are excluded from human consumption.

( c ) The pericardium and the heart must be visually inspected, the latter must be incised lengthwise so as to open the ventricles and to cut through the interventricular septum.

( d ) The diaphragm must be visually inspected.

( e ) The liver and the hepatic and pancreatic lymph nodes (Inn portales) must be visually inspected; The liver and its lymph nodes must be palpated and, if necessary, incised.

( f ) The gastro-intestinal tract, the mesentery, the gastric and mesenteric lymph nodes (Inn gastrici, mesenterici, craniales and caudales) must be visually inspected. The gastric and mesenteric lymph nodes must be palpated and, if necessary, incised.

( g ) The spleen must be visually inspected and, if necessary, palpated.

( h ) The kidneys must be visually inspected and if necessary, the kidneys and the renal lymph nodes (Inn renales) incised.

( i ) The pleura and the peritoneum must be visually inspected.

( j ) The umbilical region and the joints must be visually inspected and palpated; in case of doubt, the umbilical region must be incised and the joints opened, and the synovial fluid must be examined.

Pigs.

5. (1) Without prejudice to the generality of paragraph 1 of this part the veterinary inspector shall proceed in the following way in the examination of a pig—

( a ) The head and throat must be visually inspected;

The submaxillary (Lnn mandibulares) lymph node must be examined and incised; The mouth, the faeces and the tongue must be visually inspected; The tonsils must be removed.

( b ) The lungs, trachea and oesophagus must be visually inspected; The lungs and the bronchial and mediastinal lymph nodes (Inn bifurcations, eparteriales and mediastinales) must be palpated; The trachea and the main branches of the bronchi must be opened lengthwise and the lungs must be incised in their posterior third, perpendicular to their main axes; The opening of the trachea and bronchi and the incision of the lungs referred to in this condition are not necessary where the lungs are excluded from human consumption.

( c ) The pericardium and the heart must be visually inspected, the latter being incised lengthwise so as to open the ventricles and to cut through the interventricular septum.

( d ) The diaphragm must be visually inspected.

( e ) The liver and the hepatic and pancreatic lymph nodes (Lnn portales) must be visually inspected and the liver and its lymph nodes must be palpated.

( f ) The gastro-intestinal tract, the mesentery, the gastric and mesentric lymph nodes (lnn gastrici, mesenterici, craniales and caudales) must be visually inspected; The gastric and mesenteric lymph nodes must be visually inspected and, if necessary, those lymph nodes incised;

( g ) The spleen must be visually inspected and palpated.

( h ) The kidneys must be visually inspected and, if necessary, the kidneys and lymph nodes (lnn renales) incised.

( i ) The pleura and the peritoneum must be visually inspected.

( j ) The genital organs must be visually inspected.

( k ) The udder and its lymph nodes (lnn supramammarii) must be visually inspected and, in the case of a sow, the supramammary lymph nodes must be incised.

( l ) The umbilical region and joints of a young animal must be visually inspected and palpated and, in case of doubt, the umbilical region must be incised and the joints opened.

(2) The veterinary inspector shall systematically carry out an investigation for cysticercosi; this investigation must include examination of the directly visible muscular surfaces and in particular the thigh muscles, the pillars of the diaphragm, the intercostal muscles, the heart, the tongue and the larynx and, if necessary, the abdominal wall and the psoas-muscles freed from fatty tissue.

Sheep and goats.

6. Without prejudice to the generality of paragraph 1 of this Part the veterinary inspector shall proceed in the following way in the examination of a sheep or a goat—

( a ) The head must be visually inspected after flaying and, in case of doubt, the throat, the mouth, the tongue and the retro-pharyngeal and parotid lymph nodes examined; Without prejudice to any other enactment the examinations referred to in this subparagraph shall not be necessary if the head, including the tongue and the brains, is not used for human consumption.

( b ) The lungs, the trachea and the oesophagus must be visually inspected; The lungs and the bronchial and mediastinal lymph nodes (lnn bifurcationes, eparteriales and mediastinales) must be palpated; in case of doubt, these organs and lymph nodes must be incised and examined.

( c ) The pericardium and the heart must be visually inspected; in the case of doubt the heart must be incised and examined.

( d ) The diaphragm must be visually inspected.

( e ) The liver and the hepatic and pancreatic lymph nodes (lnn portales) must be visually inspected; The liver and its lymph nodes must be palpated; The gastric surface of the liver must be incised to examine the bile ducts.

( f ) The gastro-intestinal tract, the mesentery and the gastric and mesenteric lymph nodes (lnn gastrici, mesenterici, craniales and caudales) must be visually inspected.

( g ) The spleen must be visually inspected and palpated.

( h ) The kidneys must be visually inspected and, if necessary, the kidneys and the renal lymph nodes (lnn renales) incised.

( i ) The pleura and the peritoneum must be visually inspected.

( j ) The genital organs must be visually inspected.

( k ) The udder and its lymph nodes must be visually inspected.

( l ) The umbilical region and joints of young animals must be visually inspected and palpated; in the case of doubt, the umbilical region must be incised and the joints opened.

Equine animals.

7. (1) Without prejudice to the generality of paragraph 1 of this Part the veterinary inspector shall proceed in the following way in the examination of an equine animal—

( a ) The head, and after freeing the tongue, the throat must be visually inspected; The submaxillary retro-pharyngeal and parotid lymph nodes (lnn retrobaryngiales, mandibulares and parotidei) must be palpated and, if necessary, incised; The tongue, after being freed to permit a detailed inspection of the mouth and the fauces, must be visually examined and palpated; The tonsils must be inspected.

( b ) The lungs, the trachea and the oesophagus must be visually inspected; The lungs must be palpated; The bronchial and mediastinal lymph nodes (lnn bifurcationes, eparterioles and mediastinales) must be palpated, and if necessary, incised; The trachea and the main branches of the bronchi must be opened lengthwise and the lungs must be incised in their posterior third, perpendicular to their main axes; The opening of the trachea and bronchi and the incision of the lungs referred to in this condition shall not be necessary where the lungs are excluded from human consumption.

( c ) The pericardium and the heart must be visually inspected, the latter being incised lengthwise so as to open the ventricles and to cut through the interventricular septum.

( d ) The diaphragm must be visually inspected.

( e ) The liver and the hepatic and pancreatic lymph nodes (lnn portales) must be visually inspected; The liver and its lymph nodes must be palpated, and it necessary, the liver and the hepatic and pancreatic lymph nodes incised.

( f ) The gastro-intestinal tract, the mesentery and the gastric and mesenteric lymph nodes (lnn gastrici, mesenterici, craniales and caudales) must be visually inspected; and, if necessary, the gastric and mesenteric lymph nodes incised.

( g ) The spleen must be visually inspected and palpated.

( h ) The kidneys must be visually inspected and palpated and, if necessary, the kidneys and the renal lymph nodes (lnn renales) incised.

( i ) The pleura and the peritoneum must be visually inspected.

( j ) The genital organs of stallions and mares must be visually inspected.

( k ) The udder and its lymph nodes (lnn supramammarii) must be visually inspected and, if necessary, the supramammary lymph nodes incised.

( l ) The umbilical region and joints of a young animal must be visually inspected and palpated; in the case of doubt, the umbilical region must be incised and the joints opened.

( m ) A grey or white horse must be inspected for melanosis and meloanomata as regards the muscles and lymph nodes (lnn lymphonodi subrhomboidei) of the shoulders beneath the scapular cartilage by loosening the attachment of one shoulder; the kidneys must be exposed and examined by incision through the entire kidney.

(2) The veterinary inspector shall systematically carry out an investigation for Glanders in an equine animal by means of careful examination of mucous membranes from the trachea, larynx, nasal cavities, sinuses and their ramifications, after splitting the head in the medium plane and excision of the nasal septum.

PART II

The grounds on which meat may be declared unfit for human consumption.

The following are the grounds upon which the veterinary inspector may declare the meat of an animal to be unfit for human consumption—

( a ) the meat is derived from an animal which was unfit for slaughter for human consumption, or was not the subject of an ante mortem or post mortem examination in accordance with these Regulations;

( b ) the meat is derived from an animal—

(i) in which, without prejudice to the diseases specified in the first Schedule to the Diseases of Animals Act, 1966 , or any order thereunder one of the following diseases has been diagnosed:

— anthrax

— generalised actinobacillosis or actinomycosis

— blackleg

— generalised tuberculosis

— generalised lymphadenitis

— glanders

— rabies

— tetanus

— listeriosis

— acute salmonellosis

— acute brucellosis

— swine erysipelas

— botulism

— septicaemia, pyaemia, toxaemia or viraemia;

(ii) showing acute lesions of broncho-pneumonia, pleurisy, peritonitis, metritis, mastitis, arthritis, pericarditis, enteritis or meningo-encephalomyelitis confirmed by a detailed inspection, possibly supplemented by a bacteriological examination and a search for residues of substances with a pharmacological effect. However, where the results of these special examinations are favourable, the carcases shall be declared fit for human consumption after the parts unfit for consumption have been removed;

(iii) affected by the following parasitic disease: generalised sarcocystosis, generalised cysticercosis, trichinosis;

(iv) dead, stillborn or unborn;

(v) slaughtered too young, and the meat of which is oedematous;

(vi) showing signs of emaciation or advanced anaemia;

(vii) showing multiple tumours, abscesses or serious injuries in different areas of the carcase or in different viscera;

( c ) meat from animals:

(i) which have produced a positive or inconclusive reaction to tuberculin and in which an examination carried out by multiple incision and visual inspections has revealed only localised tuberculous lesions in a number of organs or a number of areas of the carcase.

However, where a tuberculous lesion has been found in the lymph nodes of the same organ or part of the carcase only the affected organ or part of the carcase and the associated lymph nodes shall be declared unfit for human consumption:

(ii) which have reacted positively or inconclusively to brucellosis confirmed by lesions indicating acute infection.

Even if no such lesion has been found the udder, genital tract and blood must nevertheless be declared unfit for human consumption;

( d ) the parts of carcases showing signs of major serious or haemorrhagic infiltrations, localised abscesses or localised contamination,

— offal and viscera with pathological lesions of infectious, parasitic or traumatic origin;

( e ) meat which:

— is feverish

— shows serious anomalies as regards colour, smell, consistency or taste;

( f ) where the veterinary inspector is satisfied that a carcase or offal is affected with caseous lymphadenitis or any other suppurative condition and that the said condition is not generalised or associated with emaciation:

(i) any organ and its associated lymph node, if the aforesaid condition exists on the surface or in the substance of that organ or lymph node;

(ii) in any case to which (i) does not apply, the lesion and such of the surrounding parts as he may think appropriate having regard to the age and degree of activity of the lesion, on the understanding that an old firmly encapsulated lesion may be regarded as inactive;

( g ) meat resulting from trimming of the sticking point;

( h ) where the veterinary inspector is satisfied that the whole or any part of a carcase or any offal is affected by any disease or condition other than those referred to in the proceeding points, the whole carcase and the offal or such lesser part thereof as he may think appropriate;

( i ) carcases the offal from which has not undergone post mortem inspection;

( j ) the blood of an animal the meat of which has been declared unfit for human consumption in accordance with the preceding points and blood contaminated by stomach contents or any other substance;

( k ) the meat is derived from an animal which was found to contain residues of veterinary medicinal products which are likely to have remained in its edible tissues after it had been slaughtered;

( l ) the meat is derived from an animal which has consumed or been treated with, exposed to or administered substances, other than those referred to in the foregoing paragraph, that are likely to make the meat dangerous or harmful to human health;

( m ) the meat is derived from an animal which, in the opinion of the veterinary inspector, has consumed or been treated with, exposed to or administered substances, the use of which is prohibited by any enactment;

( n ) the meat is derived from an animal the slaughter of which for human consumption is prohibited under any enactment;

( o ) the sale of the meat for human consumption is prohibited under any enactment;

( p ) the meat contains pesticide residues, the level of which (in relation to the category of controlled product specified in the European Communities (Pesticides Residues) (Foodstuffs of Animal Origin) Regulations, 1988, into which the meat concerned falls) exceeds the maximum level specified in the said Regulations in respect of the type of pesticide residues contained in the meat and this paragraph shall apply and have effect, notwithstanding Regulation 3 (1) of the said Regulation and irrespective of the intended destination of the meat or the country to which it is to be exported;

( q ) the meat contains residues of veterinary medicinal products, including antibiotics, antibacterials, endo and ectoparasitic substances, tranquilisers, beta-agonists, beta-blockers and substances having oestrogenic, androgenic or gestagenic action, or of other substances which are harmful or likely to make the consumption of fresh meat dangerous or harmful to human health if such residues exceed the permitted level laid down by any national or community enactment;

( r ) the meat or the animal from which the meat is derived is unfit for human consumption under the provisions of the European Communities (Control of Veterinary Medicinal Products and their Residues) Regulations, 1988 to 1991;

( s ) the meat is derived from an animal which has been poisoned;

( t ) the meat has been treated with ionising or ultra-violet radiation or has been marked with colorants other than those prescribed for the purposes of application of a health mark in accordance with regulations made under section 40 of the Act;

( u ) the meat is not clean, fresh, properly dressed and in a marketable condition;

( v ) the meat was not slaughtered in accordance with the Regulations of 1989;

( w ) the meat is derived from an animal to which Regulation 59 (5) of the Regulations of 1989 applies and that animal was not accompanied by the certificate referred to in the said provision;

( x ) meat which gives off a pronounced sexual odour.

( y ) the meat is not otherwise fit for human consumption.

GIVEN under my Official Seal this 14th day of April, 1992.

JOE WALSH,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

These Regulations provide for the carrying out of ante and post mortem examinations on animals slaughtered in premises licensed under the Abattoirs Act, 1988 to determine the fitness of meat for human consumption. They also prescribe the grounds on which animals or meat may be declared unfit for human consumption.