S.I. No. 8/1994 - European Communities (Beef Carcase Classification) Regulations, 1994.

S.I. No. 8 of 1994.

EUROPEAN COMMUNITIES (BEEF CARCASE CLASSIFICATION) REGULATIONS, 1994.

I, JOE WALSH, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving full effect to Council Regulation (EEC) No. 1358/80 of 5 June 1980 ⁽¹⁾, Council Regulation (EEC) No. 1208/81 of 28 April 1981 ⁽²⁾, Commission Regulation (EEC) No. 2930/81 of 12 October 1981 ⁽³⁾, Commission Regulation (EEC) No. 563/82 of 10 March 1982 ⁽⁴⁾, Council Regulation (EEC) No. 1202/82 of 18 May 1982 ⁽⁵⁾, Commission Regulation (EEC) No. 1557/82 of 17 June 1982 ⁽⁶⁾, Council Regulation (EEC) No. 1186/90 of 7 May 1990 ⁽⁷⁾, Commission Regulation (EEC) No. 344/91 ⁽⁸⁾ of 13 February 1991, Council Regulation (EEC) No. 1026/91 ⁽⁹⁾ of 22 April 1991 and Commission Regulation (EEC) No. 2191/93 ⁽¹⁰⁾ of 27 July, 1993, hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Beef Carcase Classification) Regulations, 1994.

(2) These Regulations shall come into operation on the 28th day of January, 1994.

2. (1) In these Regulations—

"carcase" means a carcase of an adult bovine animal;

"classification officer", means an officer of the Minister appointed by the Minister to be a classification officer for the purposes of these Regulations;

"the Community Regulations" means Council Regulation (EEC) No. 1358/80 of 5 June 1980 ⁽¹⁾, Council Regulation (EEC) No. 1208/81 of 28 April 1981 ⁽²⁾, Commission Regulation (EEC) No. 2930/81 of 12 October 1981 ⁽³⁾, Commission Regulation (EEC) No. 563/82 of 10 March 1982 ⁽⁴⁾, Council Regulation (EEC) No. 1202/82 of 18 May 1982⁽⁵⁾, Commission Regulation (EEC) No. 1557/82 of 17 June 1982⁽⁶⁾, Council Regulation (EEC) No. 1186/90 of 7 May 1990⁽⁷⁾, Commission Regulation 344/91 of 13 February 1991⁽⁸⁾, Council Regulation 1026/91 of 22 April 1991⁽⁹⁾ and Commission Regulation (EEC) No. 2191/93 of 27 July, 1993⁽¹⁰⁾;

¹O.J. No. L140, 5.6.80, p.4.

²O.J. No. L123, 7.5.81, p.3.

³O.J. No. L293, 13.10.81, p.6.

"daily classification sheet" shall be construed in accordance with Regulation 5 (1) of these Regulations;

"export premises", means premises registered in the register of cattle slaughtering premises kept by the Minister pursuant to section 5 of the Agricultural Produce (Fresh Meat) Act, 1930 (No. 10 of 1930), as amended by the Agricultural Produce (Meat) (Miscellaneous Provisions) Act, 1978 (No. 13 of 1978);

"the Minister" means the Minister for Agriculture, Food and Forestry;

"slaughterer" means the person who carries on the business of slaughtering bovine animals at the export premises concerned;

"vendor" means a person who sells a live bovine animal to a slaughterer in consideration of a price calculated by reference to the carcase weight of the animal.

(2) A word or expression that is used in these Regulations and is also used in the Community Regulations has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Community Regulations.

3 (1) The conformation, fat cover, and category of a carcase at an export premises shall be determined by classification officer for the purposes of, and in accordance with, the Community regulations and these Regulations by examination of the carcase within one hour of slaughter of the bovine animal concerned.

⁴O.J. No. L67, 11.3.82, p.23.

⁵O.J. No. L140, 20.5.82, p.35.

⁶O.J. No. L172, 18.6.82, p.19.

⁷O.J. No. L119, 11.5.90, p.32.

⁸O.J. No. L41, 13.2.91, p.15.

⁹O.J. No. L106, 22.4.91, p.2.

¹⁰O.J. No. L196, 5.8.93, p.8.

(2) The conformation of a carcase shall be determined under this Regulation in terms of one of the classes specified in the First Schedule to these Regulations and shall be denoted by the use of whichever of the letters or groups of letters, namely, E, U, R, O, P+, P or P–, is specified in the said First Schedule in relation to the class so determined.

(3) The degree of fat cover of a carcase shall be determined under this Regulation in terms of one of the classes specified in the Second Schedule to these Regulations and shall be denoted by the use of whichever of the numbers or numbers and letters, namely, 1, 2, 3, 4L, 4H, or 5, is specified in the said Second Schedule in relation to the class so determined.

(4) The category of a carcase shall be determined under this Regulation in terms of one of the categories specified in the Third Schedule to these Regulations and shall be denoted by the use of whichever of the letters, namely, A, B, C, D or E, is specified in the said Third Schedule in relation to the category so determined.

(5) The weight of a carcase shall be determined by a classification officer or an employee of the slaughterer approved by the Minister under paragraph (6) of this Regulation. The weight of a carcase to be determined under this Regulation shall be the hot weight thereof taken as soon as possible after slaughter of the bovine animal concerned. If the weight of a carcase is determined by an employee as aforesaid the weighing shall be supervised by a classification officer. The cold weight shown on the producer return is the hot weight less 2 per cent.

(6) The Minister may approve one or more employees of the slaughterer as being a fit person or fit persons to carry out the weighing of carcases at an export premises. The Minister may revoke such an approval in respect of a person whom he believes to be no longer fit to perform the aforesaid function.

(7) For the purposes of enabling the accuracy of weighing scales at an export premises to be checked from time to time, the slaughterer shall keep at the export premises and make available to a classification officer a set of weights, totalling not less than 260 kg in weight and conforming to the Weights and Measures Acts, 1878 to 1961, and regulations for the time being in force thereunder.

(8) A carcase presented for the purpose of making in relation to it the determinations provided for by this Regulation shall be dressed in accordance with the provisions of the Fourth Schedule to these Regulations.

(9) A classification officer may review a determination under paragraph (2), (3), (4) or (5) of this Regulation which he has reason to believe is erroneous and may, where he finds the determination to be erroneous, amend it accordingly.

(10) Neither the Minister nor a classification officer shall be liable in damages to the slaughterer or to a vendor in respect of any loss or damage incurred by the slaughterer or the vendor that is occasioned by an error in a determination under this Regulation.

4. (1) Immediately after the determinations referred to in Regulation 3 of these Regulations have been made in relation to a carcase, the slaughterer shall ensure that each hindquarter and forequarter of the carcase bears by the means specified in paragraph (2) of this Regulation the following information, namely—

( a ) the conformation, fat cover and category of the carcase denoted by the appropriate numbers or letters or, as the case may be, numbers and letters specified in the First, Second and Third Schedules to these Regulations, and

( b ) where the means specified in paragraph (2) (b) (ii) of this Regulation is used, the following additional information, namely—

(i) the E.C. approval number of the export premises concerned,

(ii) the identification number assigned to the carcase under Regulations 6 (2) of these Regulations,

(iii) the date of slaughter of the carcase (which may be expressed in the form of a code authorised by the Commission for the purposes of the Community Regulations), and

(iv) the weight of the carcase.

(2) The requirements of paragraph (1) of this Regulation shall be fulfilled—

( a ) where the Community Regulations so require, by means of a stamp that complies with the Community Regulations and which is applied by the slaughterer, to a location on each hindquarter and forequarter as determined by a classification officer, or

( b ) in any other case, either—

(i) by the means specified in subparagraph (a) of this paragraph, or

(ii) by means of a perfectly legible label which is firmly attached by the slaughterer to a location on each hindquarter and forequarter as determined by a classification officer, and the aforesaid stamping or labelling shall be supervised by a classification officer.

(3) The slaughterer shall elect one of the means specified in paragraph (2) (b) of this Regulation as the means he proposes to use for the purpose of fulfilling the requirements of paragraph (1) of this Regulation in cases to which the said paragraph (2) (b) applies and shall notify the Minister in writing of that election. The slaughterer shall thereafter use only the means so notified in cases as aforesaid unless the Minister consents in writing to the use by him of the other means specified in the said paragraph (2) (b).

(4) The stamping or labelling referred to in paragraph (2) of this Regulation may be carried out by a classification officer if he regards it as desirable that in a particular case it should be so done; in cases to which subparagraph (b) of that paragraph applies he shall use whichever of the said means that the slaughterer is using in accordance with paragraph (3) of this Regulation.

(5) ( a ) The stamp to be used for the purposes of this Regulation shall be provided by the Minister and shall remain his property.

( b ) Each label to be used for the purposes of this Regulation shall be provided by the slaughterer and shall be tamper proof and tear resistant and of a size of not less than 5 x 10 cms.

(6) ( a ) A label or mark applied pursuant to this Regulation shall not be defaced and shall not be removed or altered at any time before the quarters are boned unless a classification officer removes or alters the label or mark or consents to such removal or alteration for the purpose of reviewing and, if appropriate, amending a determination under Regulation 3 of these Regulations.

( b ) If a classification officer amends a determination under Regulation 3 of these Regulations in relation to a carcase the provisions of this Regulation shall apply to the re-stamping or labelling of a carcase as they apply to the original stamping or labelling thereof.

(7) A person shall not make or cause to be made, order, import, purchase, sell, offer or expose for sale any stamp capable of showing the information referred to in paragraph (1) (a) of this Regulation in the manner specified in that paragraph, save with the consent in writing of the Minister.

(8) A person shall not have in his possession or under his control, without lawful excuse, any stamp capable of showing the information referred to in paragraph (1) (a) of this Regulation in the manner specified in that paragraph unless he is—

( a ) a classification officer, or

( b ) a person who is in possession or control of the stamp with the consent in writing of the Minister.

(9) For the purposes of paragraph (8) (b) of this Regulation, the onus of proving that a person is in possession or control of a stamp with the consent of the Minister shall lie on a person so claiming to be in possession or control with the consent of the Minister.

(10) A person shall not forge any thing purporting to be a stamp provided by the Minister for the purpose of this Regulation or utter such a stamp knowing it to be forged.

5. (1) Immediately after the determinations referred to in Regulation 3 of these Regulations have been made in relationto a carcase the slaughterer shall record in writing those determinations on a sheet (a "daily classification sheet"). The recording of the said determinations shall be supervised by a classification officer.

(2) A daily classification sheet shall be in the form specified in Part I of the Fifth Schedule to these Regulations. Part II of the said Schedule shall have effect for the purposes of Part I of the said Schedule.

(3) Each daily classification sheet shall be retained for a period of four years from the date on which it is prepared.

(4) The slaughterer shall furnish to a classification officer on each day on which adult bovine animals are slaughtered at an export premises two clear copies of the daily classification sheet or sheets relating to those animals.

6. (1) The slaughterer shall establish and operate a system of identification of carcases that is adequate to enable the information in relation to the conformation, fat cover, categories and weights of carcases and the prices paid by him to vendors for the live bovine animals from which the carcases derive to be related to the animals from which the carcases are derived and to enable each carcase to be identified.

(2) ( a ) Subject to subparagraph (b) of this paragraph, for the purposes of this Regulation—

(i) the first carcase weighed at an export premises on the commencement of these Regulations shall be assigned the number 0001,

(ii) each subsequent carcase weighed at the export premises shall be consecutively assigned the next highest four digit number.

( b ) Where a carcase is assigned the number 9999 under subparagraph (a) (ii) of this paragraph (including that subparagraph as applied by this subparagraph) the next carcase weighed at the export premises concerned shall be assigned the number 0001 and the said subparagraph (a) (ii) shall apply to subsequent carcases weighed at the export premises concerned.

(3) The assignment of a number to a carcase under this Regulation shall be done within one hour of slaughter of the bovine animal concerned.

7. The slaughterer shall, at the time of payment for live bovine animals which have been purchased by him on a carcase weight basis, furnish to the vendor thereof a statement in relation to the animals, in the form set out in the Sixth Schedule to these Regulations, of the determinations under Regulation 3 of these Regulations in relation to the carcases of the animals.

8. (1) A classification officer may—

( a ) at all reasonable times enter any premises in which he has reasonable grounds for believing are kept daily classification sheets or records or other documents in relation to prices paid by the slaughterer to vendors for live bovine animals or copies of, or extracts from daily classification sheets or such records or documents,

( b ) require any person to produce to him any books, records or other documents which are in the person's control, possession or procurement and which the officer has reasonable grounds for believing to be daily classification sheets or such records or documents as are referred to in subparagraph (a) of this paragraph or copies of or extracts from daily classification sheets or such records or documents and to give to him such information as he may reasonably require in regard to any entries in the books, records or other documents produced to him,

( c ) inspect, make copies of and take extracts from any books, records or documents produced to him,

( d ) in the case of a carcase which he believes to have been labelled, stamped or dressed otherwise than in accordance with the provisions of these Regulations or to have been incorrectly weighed, detain the carcase for such period as may be required for the purpose of investigating whether there has been a contravention of these Regulations in respect of that carcase.

(2) The slaughterer shall provide such facilities for a classification officer as he may reasonably request for the purposes of the performance of his functions under these Regulations and the Community Regulations.

(3) Where carcases at an export premises have been found by a classification officer to have been labelled, stamped or dressed otherwise than in accordance with the provisions of these Regulations or to have been incorrectly weighed that classification officer or any other classification officer may refuse to make determinations under Regulation 3 of these Regulations in respect of other carcases at that premises for such period as may be required (not exceeding 24 hours from the time of the making of the aforesaid finding) for the purpose of enabling one or more classification officers to investigate whether there has been a contravention of these Regulations in respect of the first-mentioned carcases.

9. (1) A person who contravenes a provision of the Community Regulations or these Regulations or who fails to comply with a requirement under Regulation 8 (1) (b) of these Regulations or who obstructs, hinders or interferes with a classification officer when he is exercising a power conferred by these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(2) ( a ) Where an offence under these Regulations is committed by a body corporate 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 person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

( b ) Where the affairs of a body corporate are managed by its members, subparagraph (a) of this paragraph 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.

(3) It shall not be a defence to a prosecution alleging a contravention of Regulation 3, 4 (1) or 5 (1) of these Regulations to show that there was any failure by a classification officer to exercise the supervision required by the provision concerned.

(4) An offence under this Regulation may be prosecuted by the Minister.

10. The European Communities (Beef Carcase Classification) Regulations 1982, ( S.I. No. 320 of 1982 ), and the European Communities (Beef Carcase Classification) (Amendment) Regulations, 1991 ( S.I. No. 223 of 1991 ), are hereby revoked.

Regulation 3(2)

FIRST SCHEDULE

Conformation

Development of carcase profiles, in particular the essential parts (round, back, shoulder).

SECOND SCHEDULE

Regulation 3 (3)

Degree of Fat Cover

THIRD SCHEDULE

Regulation 3 (4)

Categories of Carcase

FOURTH SCHEDULE

Regulation 3 (8)

Carcase Dressing Specification

1. The following parts shall be removed from the body before the carcase is weighed:—

(1) the head, separated at the atlanto-occipital joint;

(2) the hind feet, separated at the hock joint between the tarsal and the metatarsal bones;

(3) the fore feet, separated at the knee joint between the carpal and the metacarpal bones;

(4) the hide and the ears;

(5) the tail, at the junction between the first and the second coccygeal vertebrae;

(6) the alimentary canal, from the oesophagus to the anus, together with the fats adhering thereto;

(7) the genito-urinary organs, and in males, the codfat, and in females, the mammary tissue;

(8) the kidneys, the kidney fat and channel fat, and the large blood vessels attached to the vertebrae;

(9) the lungs, heart and trachea (the pluck); the liver, the thymus glands (the sweetbreads); the spleen; the pancreas; the pillars of the diaphragm (the thick skirt); the diaphragm (the thin skirt);

(10) the fat in the thoracic cavity on the internal surface of the sternum or brisket-bone;

(11) the jugular vein and the adjacent fat, with the sterno-cephalicus muscle remaining intact on the carcase;

(12) the spinal cord;

(13) the tut fat, that is, the fat lying in the ischiorectal fossae;

(14) the fat on the inside of the topside;

(15) any parts or tissues removed at the direction of the veterinary examiner.

2. There shall be no trimming of external fat before the carcase is weighed.

FIFTH SCHEDULE

Regulation 5 (2)

PART I

Form of Daily Classification Sheet

Daily Classification Sheet

PART II

Provisions having effect for the purpose of Part I of this Schedule.

1. In the form set out in Part I of this Schedule—

"carcase no." means the number referred to in Regulation 6 (2) of these Regulations;

"cat." means category;

"conf." means conformation;

"date" means the date for which the daily classification sheet is prepared;

"factory code" means the code which the Minister has assigned to the export premises concerned for the purposes of the Community Regulations;

"inter grade" means intervention grade;

"officer code" means the code assigned by the Minister to a classification officer for the purposes of the Community Regulations;

the references to "side 1" and "side 2" are references to the respective weight of each side of a carcase where it is cut into two parts;

the "sheet number" shall be the number specified in paragraph 3 of this Part;

the "sheet type" shall be the number "1" unless the Minister directs otherwise;

"tag no." means the identification numbers or letters borne by the approved ear tag (within the meaning of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 ( S.I. No. 308 of 1989 )) that was attached to the animal from which the carcase has been derived.

2. If all of the determination made in relation to carcases on a particular day cannot be recorded on the one daily classification sheet, one or more further sheets shall be used.

3. The daily classification sheet or the first daily classification sheet, as the case may be, for a particular day shall bear as its sheet number, the number "1", and each subsequent sheet, as the case may be, for that day shall be numbered consecutively upwards accordingly.

4. (1) Subject to subparagraph (2) of this paragraph, the officer code to be entered on the daily classification sheet shall be the officer code of the classification officer who has made the determinations of conformation, fat cover and category in relation to carcases recorded on the sheet.

(2) If more than one classification officer has made the determinations of conformation, fat cover and category in relation to carcases recorded on a daily classification sheet—

( a ) the officer code to be entered on the daily classification sheet shall be that of the classification officer who made the determination of conformation, fat cover and category in relation to the first carcase recorded on the sheet,

and

( b ) for the purpose of identifying the classification officer who made the determinations in relation to a particular carcase recorded on the daily classification sheet the following provisions (with such modifications thereto as the Minister may from time to time direct to ensure the proper operation of this clause) shall have effect—

(i) the classification officer referred to in clause (a) of this subparagraph shall on the left hand margin of the sheet sign his initials or enter his officer code opposite the mention of the number of the last carcase recorded on the sheet that he has weighed or supervised the weighing of before being succeeded by another classification officer in the duties of making determination on the day concerned,

(ii) the classification officer who succeeds the first-mentioned officer shall sign his initials or enter his officer code on the left hand margin of the sheet opposite the mention of the number of the first carcase that he has made determinations in relation to after succeeding the other officer,

(iii) if the first-mentioned officer or another classification officer succeeds the second-mentioned officer in the duties of making determination on the day concerned and the determinations in relation to the first carcase made by that officer after succeeding the second-mentioned officer are entered on the same sheet then that officer and the second-mentioned officer shall sign their respective initials or enter their officer codes on the sheet in accordance with the preceeding provisions of this clause.

SIXTH SCHEDULE

Regulation 7

Form of Classification of Beef Carcases Return to Vendor Classification of Beef Carcases Return to Vendor

Name of export premises: ............................................................ ............................................................ ..........

Date of slaughter: ............................................................ ............................................................ .......................

*The following letters denote the following categories of carcase, namely:

A = Young Bull

B = Bull

C = Steer

D = Cow

E = Heifer

GIVEN under my Official Seal, this 21st day of January, 1994.

JOE WALSH,

Minister for Agriculture, Food and

Forestry.

EXPLANATORY NOTE.

These Regulations pertain to the labelling, stamping and classification of adult bovine animals slaughtered at meat export premises. These regulations also concern the identification of carcases by reference to conformation, fat class, sex category and weight.