S.I. No. 298/1995 - European Communities (Wild Game) Regulations, 1995.
S.I. No. 298 of 1995.
EUROPEAN COMMUNITIES (WILD GAME) REGULATIONS, 1995.
I, IVAN YATES, 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 effect to Council Directive No. 92/45/EEC(1) of 16 June 1992 as amended by Council Directive No. 92/116/EEC(2) of 17 December 1992, hereby make the following Regulations:
(1)O.J. No. L268 of 14.9.1992, P.35.
(2)O.J. No. L62 of 15.3.1993, P.1.
PART I. Preliminary.
1 Title and Commencement.
1. (1) These Regulations may be cited as the European Communities (Wild Game) Regulations, 1995.
(2) These Regulations shall come into operation on the twentieth day of November, 1995.
2. (1) In these regulations, except where the context otherwise requires—
"authorised officer" means a person authorised in writing by the Minister to exercise for the purposes of these Regulations and the Council Directive the powers conferred on an authorised officer by these Regulations;
"auxiliary" has the meaning assigned in Article 2.8 of Annex B to Council Directive No. 92/116/EEC;
"certificate" means a health certificate or any other document issued by an official veterinarian and has the meaning and form assigned to it in the Council Directive;
"commercial document" has the meaning assigned to it in the Council Directive;
"the Council Directive" means Council Directive No. 92/45/EEC of 16 June 1992 as amended by Council Directive No. 92/116/EEC of 17 December 1992;
"establishment" includes collection centres;
"Member State" means a Member State of the European Communities;
"the Minister" means the Minister for Agriculture, Food and Forestry;
"official veterinarian" has the meaning assigned in Article 2.7 of Annex B to Directive No. 92/116/EEC;
"premises" includes any land and any buildings, structures or private dwellings;
"third country" means a country which is not a member of the European Communities.
(2) In these Regulations—
(a) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other provision is intended;
(b) a reference to a Schedule is to a Schedule to these Regulations;
(c) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(3) 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 same meaning in these Regulations as it has in the Council Directive.
3 General Conditions and Exemption.
3. (1) Subject to the provisions of paragraphs (3) and (4), a person shall not produce or cause to be produced, obtain, prepare, process, cut, store or place on the market wild game or wild game meat other than in compliance with these Regulations.
(2) A person shall not use any establishment to produce, obtain, prepare, process, cut or store wild game or wild game meat unless that establishment has been approved by the Minister in accordance with these Regulations or Council Directive 64/433/EEC(3) (as amended) or Council Directive 71/118/EEC(4) (as amended).
(3)As Amended by Council Directive No. 9¼97/EEC of 29 July 1991 — O.J. No. L268 of 24.9.1991, P.69.
(4)As Amended by Council Directive No. 92/116/EEC — O.J. No. L62 of 15.3.1993, P.1.
(3) The provisions of these Regulations and of the Council Directive shall not apply to:
(a) small numbers of wild game, unskinned or unplucked, and, in the case of small wild game, uneviscerated, supplied directly by the hunter to the consumer or to the retailer;
(b) small quantities of wild game meat supplied directly to the final consumer;
(c) the cutting and storage of wild game meat in retail shops or in premises adjacent to sales points, where the cutting and storage are performed solely for the purpose of supplying the consumer directly on the spot.
(4) The provisions of these Regulations and of the Council Directive concerning intra-Community trade or imports from third countries shall not apply to trophies or to killed wild game carried by travellers in their private vehicle provided only a small quantity of small wild game or a single large wild game animal is involved and the circumstances indicate that there is no question of the meat of such game being intended for trade or for commercial use, and provided the game in question does not come from a country or a part of a country from which trade is prohibited.
PART II. Approval of Wild Game Establishments.
4 Conditions of Approval for Wild Game Establishments.
4. (1) Subject to the provisions of paragraph (2) and Regulation 5, the Minister may, on application, approve a wild game processing house to produce, obtain, prepare, process, cut or store wild game or wild game meat provided he is satisfied that such processing house fulfils the general conditions laid down in Chapters I and II of the Schedule.
(2) The Minister may, on application, grant approval to an establishment, in the case of large wild game, where the meat is obtained in an establishment already approved by the Minister in accordance with Directive 64/433/EEC (as amended) or in the case of small wild game in accordance with Directive 71/118/EEC (as amended) provided the Minister is satisfied that:
(a) such game is skinned in rooms separate from those reserved for meat covered by those Directives, or at different times,
(b) measures are taken to allow clear identification of meat obtained pursuant to these Regulations and the Council Directive and meat obtained pursuant to Directives 64/433/EEC (as amended) and 71/118/EEC (as amended).
(3) An approval granted under this Regulation shall relate to the owner of the establishment who originally applied for the approval. This approval shall cease in the event of the establishment being sold, ceasing trading or operation, or in the event of the death of the owner or the owner being adjudged bankrupt. Approval will also cease where an incorporated body is for any reason dissolved.
5 Temporary Derogations.
5. Until 31 December 1996, the Minister may authorise wild game processing houses, in operation before 20 July 1992 and, which have not been judged to comply with the requirements set out in Regulation 4 (1) for their approval to obtain, prepare, process, cut or store wild game meat. The Minister, may allow these establishments to derogate from some of the requirements laid down in the Schedule, as he sees fit, provided that meat from such establishments does not bear the health mark set out in Chapter VII of the Schedule.
PART III. Conditions for the placing on the market of wild game meat.
6 Marketing Conditions.
6. (1) Wild game meat intended to be placed on the market shall:
(a) come from wild game which:
(i) has been killed in a hunting area by means authorised under national legislation governing hunting;
(ii) does not come from a region restricted on health grounds relevant to the category or species of animals or birds under Community legislation or from a hunting area subject to restrictions within the meaning of Article 3.1.(a) of the Council Directive;
(iii) immediately after killing has been prepared in accordance with Chapter III of the Schedule, and transported within a maximum of 12 hours to an approved processing house or to an approved collection centre where it shall be chilled to the temperatures specified in Chapter III of the Schedule, and from which it shall be taken to an approved processing house within 12 hours;
(b) be obtained in a wild game processing house or any establishment approved or authorised by the Minister in accordance with Regulation 4 or 5;
(c) come from killed animals which have undergone visual examination by the official veterinarian:
(i) to detect any anomalies;
(ii) to check that death is not due to causes other than hunting;
(d) come from wild game which:
(i) has been handled under satisfactory hygiene conditions, in accordance with Chapters III and IV of the Schedule;
(ii) has undergone post-mortem inspection by an official veterinarian or by an auxiliary under the procedure laid down in Article 8.2 of Annex B to Directive No. 92/116/EEC, such inspection being in accordance with Chapter V of the Schedule and which has been deemed fit for human consumption following such inspection;
(iii) has not shown any change except for traumatic lesions which would have occurred during killing or localised malformations or changes provided it is established, to the satisfaction of the official veterinarian and if necessary by appropriate laboratory tests, that these do not render the meat unfit for human consumption or dangerous to human health;
(e) in the case of small wild game which has not immediately after killing been eviscerated in accordance with paragraph 1 of Chapter V of the Schedule, have carried out by an official veterinarian an official veterinary health inspection on a representative sample of animals from the same source.
If the official veterinarian finds a disease communicable to man or defects as referred to in paragraph 4 of Chapter V of the Schedule, he may carry out more checks on the entire batch. In the light of the results of these further checks, he may either exclude the entire batch from human consumption or inspect or have inspected each carcase individually.
(2) The official veterinarian may exclude wild game from being placed on the market for human consumption:
(i) if it is found to contain the defects as referred to in paragraph 3 (e) of Chapter V to the Schedule or if it has been seized in accordance with the provisions of paragraph 4 of that Chapter;
(ii) if the checks provided for in paragraph (1) (d) (iii) have revealed the presence of a disease communicable to man;
(iii) if it comes from animals which have, in the opinion of an official veterinarian and if necessary shown by appropriate laboratory tests, ingested substances which are likely to make the meat dangerous or harmful to human health;
(iv) if the meat has been treated with ionizing or ultra-violet radiation or by means of substances likely to affect its organoleptic properties or using colourings other than those used in health marking.
(3) Meat of wild boar or of other species susceptible to trichinosis shall undergo analysis by the digestion method set out in Council Directive 77/96/EEC(5) (as amended) on the examination for trichinae upon importation from third countries of fresh meat derived from domestic swine or a trichinoscopic examination conducted by an official veterinarian.
(5)As Last Amended by Council Directive 89/321/EEC — O.J. No. L133 of 17.5.1989, P.33.
(4) Wild game declared fit for human consumption shall:
(i) subject to the provisions of Regulation 5, bear a health mark in accordance with Chapter VII of the Schedule. The provisions of point 68 of Chapter XII (Annex I) to Annex B to Directive 92/116/EEC on the health marking of large packaging shall be applicable mutatis mutandis to meat of small wild game;
(ii) after post-mortem inspection, be stored in accordance with Chapter X of the Schedule under satisfactory hygiene conditions in an approved wild game processing house or in establishments approved by the Minister under Council Directives 64/433/EEC (as amended) or 71/118/EEC (as amended);
(iii) be accompanied during transportation by:
(a) a commercial document as authorised by an official veterinarian. This document shall:
(I) in addition to the particulars provided for paragraph 2 of Chapter VII of the Schedule, include clearly in the case of frozen meat the month and year of freezing and bear a code number by which the official veterinarian can be identified;
(II) be kept by the consignee for at least one year so that it can be produced at the request of an authorised officer;
(b) a health certificate, in the case of meat from a wild game processing house situated in a restricted region or area or meat to be sent to another Member State after transit through a third country in a sealed lorry;
(iv) be transported under satisfactory hygiene conditions in accordance with Chapter XI of the Schedule;
(v) in the case of parts of carcases or boned meat of small game birds, also have been obtained in conditions similar to those provided for in Article 3.B of Annex B of Directive 92/116/EEC in processing houses or establishments approved by the Minister under these Regulations;
(vi) without prejudice to the requirements of the European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 1982 ( S.I. No. 205 of 1982 ), be labelled with an indication of the animal species.
(5) Any person who sends or receives a consignment of wild game meat accompanied by a commercial document or a health certificate, shall retain, the original in the case of the receiver or a copy of that document or certificate and shall make it available for inspection when requested by an authorised officer, for a period of at least one year after receipt or sending.
(6) An application for a health certificate required for the purposes of compliance with these Regulations shall be made to an official veterinarian and shall be in such form and contain such particulars as the Minister may require and, unless the Minister otherwise agrees, such an application shall be received by the official veterinarian to whom it is made not later than the day, being a day which is not a Saturday, Sunday or a bank or public holiday, preceding the day on which the certificate is required by the applicant.
(7) A person shall not supply false or misleading particulars to an official veterinarian for the purpose of obtaining a health certificate or shall not include false or misleading particulars in a commercial document.
7 Health Marking Conditions.
7. (1) Subject to the provisions of Regulation 5, a person shall not place on the market wild game meat unless it bears the health mark in accordance Regulation 6 (4) (i).
(2) Wild game meat produced in wild game processing houses which are authorised by the Minister under Regulation 5 may not be sent to the territory of another Member State and may only be marketed within the State.
(3) The health mark shall accord with the requirements of Chapter VII of the Schedule.
(4) The procurement, printing or reprinting of labels, seals, wrappers, stamps or marks bearing the health mark in pentagonal form under this Regulation for use by an approved establishment shall be authorised by the official veterinarian and shall be kept under his control.
8 Disposal of Meat Unfit for Human consumption.
8. The owner or person in charge of an establishment approved or authorised under these Regulations shall ensure that:
( a ) meat declared unfit for human consumption can be clearly distinguished from meat declared fit for human consumption;
( b ) meat declared unfit for human consumption is treated in accordance with the provisions of the European Communities (Disposal, Processing and Placing on the Market of Animal By-products) Regulations, 1994 ( S.I. No. 257 of 1994 ).
9 Conditions of Trade.
9. (1) The owner or person in charge of an establishment approved by the Minister in accordance with Regulation 4 shall ensure that only the following cuts or types of wild game and wild game meat shall be eligible for trade:
( a ) skinned and eviscerated wild game meeting the requirements of Regulations 6, 7 and 8, or fresh wild game meat;
( b ) unskinned or unplucked and uneviscerated small game, not frozen or deep-frozen which is controlled in accordance with Regulation 4 (2) (b), provided it is handled and stored separately from fresh meat covered by the provisions of Directive 64/433/EEC (as amended), poultry meat and skinned or plucked game meat;
( c ) unskinned large game which:
(i) meets the requirements of Regulation 6(1) (a) (i), 6 (1) (a) (ii), 6 (1) (c) and 6 (1) (d) (i);
(ii) the viscera of which has undergone post-mortem inspection in a wild game processing house;
(iii) is accompanied by a health certificate, signed by an official veterinarian to certify that the result of the post-mortem examination provided for at subparagraph (c) (ii) was satisfactory and that the meat has been declared fit for human consumption;
( d ) wild game meat which has been cooled to a temperature of between -1°C and:
(i) +7°C and kept at that temperature during transportation to a processing house within a maximum period of seven days from the post-mortem referred to in subparagraph (c)(ii), or
(ii) +1°C and kept at that temperature during transportation to a processing house within a maximum period of fifteen days from the post-mortem referred to in subparagraph (c)(ii).
Meat from such unskinned wild game cannot bear the health mark referred to in Regulation 6 (4) (i) unless, after skinning in the procesing house of destination, it has undergone post-mortem inspection in accordance with Chapter V of the Schedule, and has been inspected and found fit for human consumption by the official veterinarian.
(2) Offal of wild game declared fit for human consumption which has undergone appropriate treatment in accordance with the provisions of the European Communities (Meat Products and Other Products of Animal Origin) Regulations, 1995 ( S.I. No. 126 of 1995 ).
PART IV. Conditions relating to processing houses.
10 Responsibilities of the Owner or Person in Charge.
10. (1) A person who is for the time being the owner or person in charge of a wild game processing house approved by the Minister in accordance with Regulation 4 shall ensure that, at all stages of production, the specifications of these Regulations are complied with. To this end, the said persons shall regularly carry out:
( a ) their own checks on the general hygiene of conditions of production in the establishment, inter alia, by means of microbiological checks; and
( b ) checks on the utensils, fittings and machinery at all stages of productions and, if necessary, products; and
( c ) such sampling, as is specified by the official veterinarian, for the purpose of checking cleaning and disinfection methods and for checking compliance with the standards as may be set by the Minister from time to time; and
( d ) and maintain a written or registered record of the information required under subparagraphs (a) and (b) which should be kept for examination, upon request, by the official veterinarian for a period of at least two years; and
( e ) the requirements of subparagraphs (a) and (b); these shall be drawn up in conjunction with and to the satisfaction of the official veterinarian, who may monitor compliance with the requirements of this paragraph as he considers necessary.
(2) The person who is for the time being the owner or person in charge of an establishment shall in accordance with the directions of the official veterinarian and subject to any time limits that he may specify, arrange a staff training programme enabling workers, who have not, in the opinion of the official veterinarian, already received acceptable training, to satisfy the hygiene standards appropriate to that type of production.
(3) The official veterinarian may analyse the results of the checks provided for in paragraph (1). He may, on the basis of these analyses, conduct further examinations at all stages of production and on the products.
(4) The official veterinarian may instruct the owner or person in charge of an establishment to carry out an increased number of tests.
(5) Where the official veterinarian finds a failure to comply with hygiene rules laid down in these Regulations or the Council Directive, he may require the owner or person in charge of the establishment to remedy such defects as he may specify within a specified period. The owner or person in charge of an establishment shall rectify any shortcomings notified to him by the official veterinarian under this Regulation.
(6) Where the owner or person in charge fails to carry out any instruction issued by the official veterinarian under paragraph (5) or where the official veterinarian considers that there is a serious hygiene risk in an establishment, he may—
(i) require the owner or person in charge of the establishment or premises to reduce the rate of production; or
(ii) require the owner or person in charge to temporarily suspend the type of production in question; or
(iii) remove the wrappers, labels, stamps and seals bearing the health mark.
PART V. Imports from third countries.
11. (1) No person shall import wild game or wild game meat from a third country unless:—
( a ) it comes from a third country or part of a third country from which imports are not prohibited on animal health grounds;
( b ) it comes from a third country which appears for the time being on a list referred to in Article 16 (2) of the Council Directive;
( c ) it comes from an establishment in the third country concerned which has been approved for the time being in accordance with the procedure provided for in Article 22 of the Council Directive;
( d ) it is accompanied by a health certificate relating to the wild game or wild game meat concerned which corresponds to the specimen drawn up in accordance with Article 22 of the Council Directive and which has been signed by the official veterinarian of the third country concerned and which has been issued at the time of loading.
(2) The requirements of this Regulation are in addition to and not in substitution for the requirements laid down in the European Communities (Importation of Animals and Animal Products from Third Countries) Regulations, 1994 ( S.I. No. 255 of 1994 ).
PART VI. Ministerial approval, inspection and supervision.
12 Granting of Ministerial Approval.
12. (1) The Minister in approving an establishment in accordance with Regulation 4 shall allocate an approval number to the establishment and shall notify the owner or person in charge of the establishment in writing of the approval and of the number.
(2) The Minister may attach conditions, as he sees fit, to an approval granted under Regulation 4 or subsequently, and may amend or revoke a condition attached to the approval and shall notify the owner or person in charge of the establishment concerned in writing of the conditions, amendment or revocation concerned.
(3) The Minister may, if he is satisfied that the relevant provisions of these Regulations are not being complied with in relation to an establishment refuse to approve the establishment and shall notify the owner or person in charge of the establishment in writing of the refusal and the reasons for such refusal.
(4) In the event of continued non compliance with these Regulations or failure by the owner or person in charge of an approved establishment to take the measures required under these Regulations the Minister may either temporarily suspend or revoke an approval.
(5) The Minister shall not—
( a ) revoke or suspend an approval given under Regulation 4, or
( b ) refuse to approve an establishment on foot of an application, without—
(i) notifying the holder of, or applicant for, the approval of his intention to revoke or suspend or refuse the approval, as the case may be; and
(ii) specifying his reason for the intended revocation or suspension or refusal, as the case may be; and
(iii) affording the holder of, or the applicant for, the approval an opportunity of making representations or having representations made on his behalf within 14 days, to the Minister in relation to the proposed revocation or suspension or refusal, as the case may be.
(6) Where an approval under Regulation 4 in respect of an establishment is suspended or revoked, the owner or person in charge of that establishment shall not place on the market, supply, sell or use wild game meat from that establishment subsequent to the date of revocation or suspension, as the case may be, except with the approval of the Minister.
(7) The Minister may restore approval, if approval has been suspended in accordance with paragraph (4), in instances where—
( a ) the owner or person in charge of the suspended establishment has rectified the shortcomings notified to him by the Minister, and
( b ) the tests or checks carried out by an authorised officer confirm the safety of the meat emanating from the suspended establishment.
13 Powers to protect Public and Animal Health.
13. (1) Where in relation to any wild game or wild game meat, an authorised officer forms an opinion that there is a risk to public or animal health or that the meat contravenes the provisions of paragraph 4 of Chapter V of the Schedule—
( a ) he may seize such game or meat, as the case may be, or
( b ) he may serve or cause to be served on any person who is the owner of the wild game or wild game meat, as the case may be, or an importer, or exporter of such game or meat or the person who appears to such officer to be in control for the time being of such game or meat a notice requiring either the owner, importer, exporter, or person in control for the time being of the wild game or wild game meat, as the case may be, that such game or meat—
(i) be destroyed in such manner and at such place as the authorised officer shall direct, or
(ii) be used or disposed of in such manner as the authorised officer shall direct, and
(iii) any costs pertaining to action required under subparagraphs (i) and (ii) will be borne by the person on whom the notice is served.
(2) A requirement contained in a notice may specify a time limit within which it is to be complied with.
(3) A requirement specified in a notice served under paragraph (1) (in this paragraph referred to as "the earlier notice") may be modified or withdrawn in a further such notice and in that event the earlier notice shall have effect subject to such modification or withdrawal.
(4) A notice may require the owner, importer, exporter, or person in control for the time being of the wild game or wild game meat as the case may be to choose between two or more of the requirements specified in the notice.
(5) A notice referred to in paragraph (1) may be served on the owner, importer, exporter, or person in control for the time being of the wild game or wild game meat as the case may be by delivery of it by hand, or by sending it by prepaid registered post to or by leaving it at his last known place of abode or business.
(6) ( a ) An owner, importer, exporter or person in control for the time being of wild game or wild game meat, as the case may be, may appeal within 7 days of the seizure of the game or meat or service of the notice under paragraph (1) to the Judge of the District Court having jurisdiction in the District Court District where such game or meat is situated or to the Judge of the District Court having jurisdiction in the District Court District where the person bringing the appeal ordinarily resides or carries on business on the grounds that the seizure or the notice or any of the terms thereof are not justified having regard to the provisions of these Regulations.
( b ) An appeal made pursuant to subparagraph (a) may be heard at any sitting of the District Court within the appropriate District Court District.
(c ) (i) Notice of an appeal made pursuant to subparagraph (a) shall be served on the Minister and the said notice shall be served at least 48 hours prior to the hearing of the appeal by serving it on the Minister or by leaving it at the place and in the manner specified in the notice issued under this Regulation;
(ii) the notice of appeal shall contain a statement of the grounds upon which it is alleged that the seizure or the notice or any of the terms thereof are not justified.
( d ) A copy of the notice of appeal shall be lodged with the District Court Clerk in the manner specified in the notice issued pursuant to paragraph (1), at least 48 hours prior to the hearing of the appeal.
( e ) The Minister shall, as well as the appellant, be entitled to be heard and to adduce evidence at the hearing of an appeal brought under paragraph (6) of this Regulation in opposition to an appeal made pursuant to this Regulation.
(7) On the hearing of an appeal under this Regulation a Judge of the District Court may, at his discretion, confirm, modify or annul the action taken under paragraph (1).
(8) ( a ) No person, including a person upon whom a notice has been served under paragraph (1), shall deal with the wild game or wild game meat, as the case may be, concerned other than in accordance with the terms of the notice.
( b ) In the event of an appeal against the terms of a notice referred to in subparagraph (a), pursuant to paragraph (6), no person, including the person appealing, shall deal with the wild game or wild game meat, as the case may be, concern pending the determination of the appeal other than in accordance with such directions as shall be given in writing to the appellant by an authorised officer.
( c ) Where the terms of a notice referred to in subparagraph (a) are confirmed with or without modification by the Judge of the District Court hearing the appeal made under the said paragraph (6) no person, including the person who made the appeal, shall deal with the wild game or wild game meat, as the case may be, concerned other than in accordance with such notice as confirmed.
(9) ( a ) Where—
(i) an owner, importer, exporter or a person for the time being in control of the wild game or wild game meat, as the case may be, fails to comply with the terms of a notice served upon him under paragraph (1) within the time specified therein, or
(ii) an authorised officer has reasonable grounds for believing that the terms of a notice served under paragraph (1) will not be complied with, or
(iii) a notice served under paragraph (1) has been confirmed with or without modification under paragraph (7) and the notice has not been complied with, or
(iv) an authorised officer has reasonable grounds for believing that the terms of a notice served under paragraph (1) which has been confirmed with or without modification under paragraph (7) will not be complied with, or
(v) pending the determination of an appeal made pursuant to subparagraph (a) of paragraph (6), an authorised officer has reasonable grounds for believing that directions given pursuant to paragraph (8) have not been or shall not be complied with, an authorised officer may at any time seize the wild game or wild game meat, as the case may be, at such premises or place as he thinks fit in the circumstances of the case.
( b ) In relation to any seized wild game or wild game meat, as the case may be, an authorised officer may destroy it, or cause it to be destroyed in such manner and at such place as the authorised officer shall direct, or such game or meat may be used or disposed of in such manner as the authorised officer shall direct.
( c ) Any profits arising out of the disposal of the game or meat referred to in subparagraph (b) shall be paid to the owner of such game or meat less any expenses incurred in connection with the said disposal.
(10) The costs of disposal or destruction of the wild game or wild game meat under this Regulation shall, subject to the provisions of subparagraph (9) (c), be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction from the person who was the owner of such game or meat at the time the disposal or destruction was carried out.
(11) In this Regulation—
"importer" and "exporter" include any person who, whether as owner, consignor, consignee, agent or broker is in possession of or in any way entitled to the custody or control of the wild game or wild game meat which is being or has been imported into or exported from the State.
14 Powers of Inspection.
14. (1) The Minister may appoint such and so many persons as he thinks fit to be authorised officers for the purposes of these Regulations.
(2) An authorised officer shall be furnished with a warrant of his appointment by the Minister as an authorised officer and when exercising any power conferred on him by these Regulations such officer shall, if requested by any person affected, produce the warrant to that person.
(3) An authorised officer or a veterinary expert from the Commission, within the meaning of Article 12 of the Council Directive, may at all reasonable times enter an establishment approved or authorised under these Regulations or for which an application for approval or authorisation has been received for the purposes of carrying out inspections and supervision as required by these Regulations and the Council Directive.
(4) An authorised officer may at all reasonable times enter an approved or authorised establishment or any other premises or place in which he has reasonable grounds for believing that wild game or wild game meat is being produced for placement on the market in contravention of these Regulations and the Council Directive.
(5) An authorised officer shall have at all times free access to all parts of an establishment or premises and to accounting or other documents which enable the premises or place of origin of the raw materials to be traced and for any other purpose of these Regulations.
(6) An authorised officer may:
( a ) make such examinations, tests and inspections at all stages of production and on any game, meat or products, and
( b ) inspect, take or take copies of or extracts from any books, documents, or other records as he finds in the course of his inspection, and
( c ) take such reasonable samples of any game, meat or product, which he finds in the course of his inspection,
as he may consider appropriate for the purposes of these Regulations and the Council Directive.
PART VII. Certification.
15 Improper use of Health Marks, Certificates or Documents.
15. (1) A person shall not print or cause to be printed, order, import, purchase, sell, offer or expose for sale a certificate or any document purporting to be or in any way resembling a certificate save with the consent in writing of the Minister.
(2) A person shall not have in his possession or under his control a certificate or any document purporting to be or in any way resembling a certificate unless he is—
(i) an official veterinarian, an authorised officer or an officer of the Minister, or
(ii) a person who is in possession or control of the certificate or document with the consent in writing of the Minister, or
(iii) a person who is in possession or control of the certificate or document, in accordance with the provisions of these Regulations.
(3) A person shall not make or cause to be have made, order, import, purchase, sell, offer or expose for sale any instrument for affixing a health mark on wild game or wild game meat in accordance with Regulation 7, or any instrument for affixing a health mark in accordance with Regulation 7 on any certificate, document, wrapping, label, carton or other thing, save in accordance with these Regulations.
(4) A person shall not apply a health mark or anything purporting to be a health mark to a certificate or a commercial document except in accordance with these Regulations.
(5) A person shall not procure by fraud or by misrepresentation, forge, alter or tamper with, any document purporting to be a certificate or a commercial document or any other document purporting to be issued under these Regulations or for the purposes of the Council Directive nor utter any such certificate or document knowing it to be procured by fraud or by misrepresentation, forged, altered or tampered with.
(6) Nothing in paragraph (1) shall be construed as prohibiting the importation of a certificate where such importation is for the purpose only of complying with these Regulations.
PART VIII. Miscellaneous provisions.
16. (1) An offence under these Regulations may be prosecuted by the Minister.
(2) Any person who contravenes a provision of these Regulations shall be guilty of an offence.
(3) If any person fraudulently—
( a ) tampers or otherwise interferes with any game or meat so as to procure that any sample of it taken under these Regulations does not correctly represent the game or meat,
( b ) tampers or otherwise interferes with any sample taken under these Regulations,
that person shall be guilty of an offence.
(4) Any person who obstructs or otherwise interferes with an official veterinarian or an authorised officer in the exercise of a power conferred on him by these Regulations shall be guilty of an offence.
(5) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other official of such body, each such person shall also be guilty of an offence.
17. A person guilty of an offence under these Regulations shall be liable, on summary conviction, to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.
18. (1) These Regulations are in addition to and not in substitution for the Wildlife Act, 1976 (No. 39 of 1976) and the various Orders and Regulations made under or continued in force by that Act.
(2) These Regulations and the Council Directive shall not affect Community rules adopted for the conservation of wildlife.
General conditions for the approval of processing houses.
Processing houses shall have at least:
1. The following rooms:
(i) a sufficiently large refrigerated room for reception of wild game,
(ii) a room for inspection and, if necessary, evisceration, skinning and plucking,
(iii) a sufficiently large room for cutting and other preparation, in so far as this is done by the establishment; this room shall have an adequate chilling facility as well as a temperature-measuring instrument,
(iv) a room for packaging and dispatching, where these operations are carried out in the processing house and where the conditions laid down in paragraph 5 of Chapter VIII are met; if these conditions are not met there shall be a separate room for dispatching,
(v) sufficiently large chilling or refrigeration rooms for storing wild game meat.
2. In rooms where meat is produced, worked on or stored and in areas and corridors through which meat is transported:
( a ) waterproof flooring which is easy to clean and disinfect, rotproof and laid in such a way as to facilitate the draining of water; the water shall be channelled towards drains fitted with gratings and traps to prevent odours.
(i) in the case of chilling or refrigeration rooms a device with which water may easily be removed is sufficient,
(ii) in the case of stores and in areas and corridors through which meat is transported, waterproof and rotproof flooring is sufficient;
( b ) smooth, durable, impermeable walls, with a light-coloured, washable coating up to a height of at least two metres; in chilling or refrigeration rooms and in stores the walls shall be coated at least to storage height. Wall-to-floor junctions shall be rounded or similarly finished except in stores.
However, the use of wooden walls in stores in wild game processing houses in operation before 20 July 1992 does not constitute grounds for withholding approval;
( c ) doors in hard-wearing, non-corrodible material and, if of wood, with a smooth and impermeable covering on all surfaces;
( d ) insulation materials which are rotproof and odourless;
( e ) adequate ventilation and good extraction of steam;
( f ) adequate natural or artificial lighting which does not distort colours;
( g ) a clean and easily cleaned ceiling; failing that, a roof covering with an interior surface which fulfils these conditions.
3. ( a ) as near as possible to the work stations, a sufficient number of facilities for cleaning and disinfecting hands and for cleaning tools with hot water. Taps shall not be hand operable. For washing hands, these facilities shall have hot and cold running water or water premixed to a suitable temperature, cleaning and disinfecting products and hygienic means of drying hands;
( b ) facilities for disinfecting tools, with hot water supplied at not less than 82°C.
4. Appropriate arrangements for protection against pests such as insects and rodents.
5. ( a ) instruments and working equipment such as cutting tables, tables with detachable cutting surfaces, containers, conveyor belts and saws, made of corrosion-resistant material not liable to taint meat and easy to clean and disinfect. Surfaces coming into, or capable of coming into, contact with meat, including welds and joins, shall be maintained smooth. Use of wood is forbidden except in rooms where the only meat stored is hygienically packaged meat;
( b ) corrosion-resistant fittings and equipment meeting hygiene requirements for:
(i) meat handling,
(ii) storing meat containers, in such a way that neither the meat nor the containers come into direct contact with the floor or walls;
( c ) facilities, including suitably laid out and equipped reception and marshalling areas, for the hygienic handling and protection of meat during loading and unloading;
( d ) special watertight non-corrodible containers, with lids and fasteners to prevent unauthorised persons from removing things from them, for keeping meat not intended for human consumption, or a lockable room for such meat if the quantities are large enough to necesitate this or if the meat is not removed or destroyed at the end of each working day. Where such meat is removed through conduits, these shall be so constructed and installed as to avoid any risk of contamination of the meat;
( e ) facilities for the hygienic storage of materials for wrapping and packaging where such activities are carried out in the establishment.
6. Refrigeration equipment to keep the internal temperature of the meat at the levels required by these Regulations. This equipment shall include a system for draining off water or condensation without any possibility of contamination of the meat.
7. An adequate pressurised supply of potable water complying with the European Communities (Quality of Water intended for Human Consumption) Regulations, 1988 ( S.I. No. 81 of 1988 ). However, a non-potable water supply is authorised in exceptional cases for stream production, fire fighting and the cooling of refrigeration equipment, provided that the pipes installed for this purpose preclude the use of this water for other purposes and present no risk of contamination of meat. Non-potable water pipes shall be clearly distinguished from those used for potable water.
8. An adequate supply of hot potable water within the meaning of the European Communities (Quality of Water intended for Human Consumption) Regulations, 1988 ( S.I. No. 81 of 1988 ).
9. Liquid and solid disposal systems which meet hygiene requirements.
10. An adequately equipped lockable room for the exclusive use of the veterinary service; or, in the case of stores, suitable facilities.
11. Facilities enabling the veterinary inspections provided for in these Regulations to be carried out efficiently at any time.
12. An adequate number of changing rooms with smooth, waterproof, washable walls and floors, wash basins, showers and flush lavatories so equipped as to protect the clean parts of the building from contamination. Lavatories shall not open directly onto the work rooms. Showers are unnecessary in cold stores receiving and storing hygienically packaged meat only. Wash basins shall have hot and cold running water or water premixed to a suitable temperature, materials for cleaning and disinfecting the hands and hygienic means of drying hands. Wash basin taps shall not be hand or arm-operable. There shall be a sufficient number of such wash basins near the lavatories.
13. A place and adequate facilities for cleaning and disinfecting means of transport except in the case of cold stores receiving and dispatching hygienically packaged meat only. However, these places and facilities are not compulsory if provisions exist requiring that means of transport be cleaned and disinfected at officially authorised facilities.
14. A room or a secure place for the storage of detergents, disinfectants and similar substances.
Hygiene of the staff, premises and equipment in the establishments.
1. Absolute cleanliness shall be required of staff, premises and equipment. Specifically:
( a ) staff handling meat or working in rooms and areas in which meat is handled, packaged or transported shall in particular wear clean and easily cleanable headgear and footwear, light-coloured working clothes and, where necessary, neck shields or other protective clothing. Staff engaged in working on or handling meat shall wear clean working clothes at the commencement of each working day and shall renew such clothing during the day as necessary and shall wash and disinfect their hands several times during the working day and each time work is resumed. Persons who have been in contact with infected game or infected meat shall immediately afterwards carefully wash their hands and arms with hot water and then disinfect them. Smoking is forbidden in work rooms, storerooms, load-in, reception, marshalling and load-out areas, and in other areas and corridors through which wild game meat is transported;
( b ) no animal may enter the establishments. Rodents, insects and other vermin shall be systematically destroyed;
( c ) equipment and instruments used for working on meat shall be kept clean and in a good state of repair. They shall be carefully cleaned and disinfected several times during the working day, at the end of the day's work and before being reused when they have been soiled.
2. Premises, instruments and working equipment shall not be used for purposes other than work on fresh meat, poultry meat or game meat. The cutting of wild game animals and wild game birds shall be carried out at a different time and the cutting room shall be completely cleaned and disinfected before being made use of again for the cutting of meat of another category.
Meat-cutting instruments shall be used solely for cutting meat.
3. Implements shall not be left in the meat; cleansing of meat by wiping with a cloth or other materials, and inflation, are prohibited.
4. Meat and meat containers shall not come into direct contact with the ground.
5. Potable water shall be used for all purposes. However, non-potable water may be used in exceptional cases for steam production provided that the pipes installed for this purpose preclude the use of this water for other purposes and present no danger of contamination of meat. In addition, non-potable water may be used in exceptional cases for cooling refrigeration equipment. Non-potable water pipes shall be clearly distinguished from pipes used for potable water.
6. The spreading of sawdust or any other similar substances on the floor of the workrooms and meat storage rooms is prohibited.
7. Detergents, disinfectants and similar substances shall be used in such a way that instruments, working equipment and meat are not affected. Such instruments and working equipment shall be rinsed thoroughly with potable water after use.
8. Persons likely to contaminate meat are prohibited from working on it and handling it.
When recruited, any person working on and handling meat shall be required to prove, by a medical certificate, that there is no medical impediment to such employment.
Hygiene in respect of the preparation of wild game and the cutting and handling of wild game meat.
1. Wild game shall undergo the following operations immediately after killing:
(i) large wild game shall be drawn and eviscerated,
(ii) the thoracic viscera, even if detached from the carcase, and the liver and the spleen, shall accompany the game and be identified in such a way that the official veterinarian can carry out the post-mortem inspection of the viscera in conjunction with the rest of the carcase; the other abdominal viscera shall be removed and inspected on the spot. The head may be removed as a trophy,
(iii) small wild game may, without prejudice to the case provided for in Regulation 6 (1) (a) (iii), be totally or partially eviscerated on the spot or in a processing house where the game is transported to the said house at an ambient temperature not exceeding 4°C within 12 hours of being killed.
2. Wild game shall be chilled immediately after the operations provided for in paragraph 1 so that the internal temperatures is +7°C or lower in the case of large game or +4°C or lower in the case of small game. If the external temperature is not sufficiently low, killed game shall be moved as soon as possible, and in the event not more than 12 hours after being killed, to a wild game processing house or to a collection centre on the understanding that:
(i) large wild game shall be transported under satisfactory hygienic conditions, in particular avoiding heaping and stacking, to a wild game processing house as soon as possible after the operations provided for in paragraph 1,
(ii) during transportation to the processing house, wild game whose viscera have already undergone veterinary inspection shall be accompanied by a certificate issued by the veterinarian attesting to the favourable outcome of the inspection and stating the estimated time of killing.
3. Evisceration shall be carried out without delay upon arrival at the wild game processing house, except in the case provided for in subparagraphs (d) and (e) of Regulation 6 (1), if it has not been carried out on the spot. The lungs, heart, liver, kidney, spleen and mediastinum may either be detached or left attached to the carcase by their natural connections.
4. Until the inspection has been completed, it shall not be possible for carcases and offal not inspected to come into contact with carcases and offal already inspected, and the removal, cutting or further treatment of the carcase shall be forbidden.
5. It shall not be possible for the meat detained or declared unfit for human consumption, stomachs, intestines and inedible by-products to come into contact with meat declared fit for human consumption, and the former shall be placed as soon as possible in special rooms or containers located and laid out in such a way as to avoid any contamination of other meat.
6. The dressing, handling, further treatment and transport of meat, including offal, shall be performed in compliance with all hygiene requirements. Where such meat is packaged, the conditions of Chapter VIII shall be complied with. Packaged meat shall be stored in a separate room from exposed meat.
7. The Minister may lay down specific rules applicable to inspection of trophies to be kept by the hunter.
Requirements for wild game meat intended for cutting.
1. Cutting pieces smaller than carcase, or half-carcases in the case of large wild game, and boning are authorised only in processing houses approved by the Minister in accordance with Regulation 4 (1) or in accordance with Directives 64/433/EEC (as amended) and 71/118/EEC (as amended) and equipped with skinning and cutting rooms.
2. The owner or person in charge of the establishment shall facilitate operations for supervising the plant, in particular any handling which is considered necesary, and shall place the necessary facilities at the disposal of the supervisory service. In particular, he shall be able on request to inform the official veterinarian responsible for supervision of the source of meat brought into his establishment or the origin of killed wild game.
3. ( a ) Wild game meat shall be brought into the work rooms as and when it is needed. As soon as it is cut, and where appropriate packaged, the meat shall be transferred to an appropriate chilling or refrigeration room.
( b ) Wild game meat entering a cutting room shall be checked and, if necessary, trimmed. The work station for these operations shall be equipped with suitable facilities and adequate lighting.
( c ) During cutting, boning, wrapping and packaging the internal temperature of the wild game meat shall be kept at a constant +7°C or lower in the case of large wild game or +4°C or lower in the case of small wild game. During cutting, the temperature of the cutting room shall not exceed +12°C.
( d ) Cutting shall be carried out in such a way as to avoid any soiling of the wild game meat. Splinters of bone and clots of blood shall be removed. Meat obtained from cutting and not intended for human consumption shall be collected in the facilities, containers or rooms provided for in paragraph 5 (d) of Chapter I, as it is cut.
Post-mortem health inspection.
1. All parts of wild game shall be inspected, within 18 hours of admission to the processing house, to determine whether the wild game meat is fit for human consumption; in particular, the body cavity shall be opened to permit visual inspection.
2. If the official veterinarian so requires, the spinal column and the head shall be split lengthwise.
3. In his post-mortem inspection, the official veterinarian may carry out:
( a ) a visual inspection of the wild game and the organs belonging to it.
If the results of the visual inspection do not enable an assessment to be made, a more extensive inspection shall be carried out in a laboratory. These more extensive inspections may be restricted, at the discretion of the official veterinarian, to a number of samples sufficient to assess all the game killed during a hunt;
( b ) investigation of anomalies of consistency, colour or odour;
( c ) palpation of organs, if he considers it necessary;
( d ) an analysis of residues by sampling, particularly where there are serious grounds for believing it to be justified.
Where a more extensive inspection is carried out on the basis of such serious grounds, the official veterinarian shall wait until that inspection has been concluded before going on to assess all the game killed during a specific hunt, or parts of it which may be supposed, owing to the circumstances, to present the same anomalies;
( e ) detection of characteristicvs indicating that the meat presents a health risk. This applies particularly in the following cases:
(i) abnormal behaviour or disturbance of the general condition of the live animal reported by the hunter;
(ii) presence of tumours or abscesses where they are numerous or affect different internal organs or muscles;
(iii) arthritis, orchitis, changes in the liver or the spleen, inflammation of the intestines or the umbilical region;
(iv) presence of foreign bodies in the body cavities, especially in the stomach and intestines or in the urine, where the pleura or the peritoneum are discoloured;
(v) formation of a significant amount of gas in the gastro-intestinal tract with discolouring of the internal organs;
(vi) considerable anomalies in the colour, consistency or odour of muscle tissues or organs;
(vii) open fractures in so far as they are not directly linked to the hunt;
(viii) emaciation and/or general or localised oedema:
(ix) signs that organs have recently adhered to the pleura and the peritoneum;
(x) other obvious extensive changes, such as discolouring and putrefaction.
4. The official veterinarian may order the confiscation of any wild game meat:
(i) presenting lesions, apart from recent lesions stemming from the killing, and localised malformations or anomalies, in so far as these lesions, malformations or anomalies render the wild game meat unfit for human consumption or dangerous to human health,
(ii) from animals which have not been killed in accordance with national rules on hunting,
(iii) in respect of which the findings listed in paragraph 3 (e) were made during post-mortem inspection,
(iv) from small wild game which has been seized in accordance with Regulation 6 (1) (e),
(v) which has been found to be infested with trichinae.
5. In the event of doubt, the official veterinarian may perform the further cuts and inspections of the relevant parts of the animals necessary in order to reach a final decision.
Where the official veterinarian finds that the hygiene rules laid down in this Chapter are clearly being breached or that adequate health inspection is being hampered, he shall be empowered to take action with regard to the use of equipment or premises and to take any measure required, up to and including an interruption of the production process.
Health control of cut wild game meat and stored wild game meat.
Supervision by the official veterinarian may include the following tasks:
(i) supervision of the entry and exit of meat,
(ii) health inspection of meat held in processing houses,
(iii) health inspection of meat prior to cutting and when it leaves the processing houses referred to in subparagraph (ii),
(iv) supervision of the cleanliness of the premises, facilities and instruments provided for in Chapter I, and of staff hygiene, including their clothing,
(v) any other supervision which the official veterinarian considers necessary for ensuring compliance with these Regulations and the Council Directive.
1. Health marking is to be carried out under the responsibility of the official veterinarian, who shall keep for that purpose:
( a ) instruments for meat health marking, to be handed over, if applicable, to the assistant staff only at the actual time of marking and for the length of time necessary for this purpose;
( b ) labels and wrappers where these already bear one of the marks or of the seals referred in paragraph 2. These labels, wrappers and seals shall be handed over, if applicable, in the required number by the official veterinarian to the assistant staff at the time when they are to be used.
2. ( a ) The health Mark shall be:
(i) a pentagonal mark bearing, in perfectly legible characters, the following information:
(I) on the upper part the letters "IRL",
(II) in the centre, the veterinary approval number of the wild game processing house or, where appropriate, the cutting premises,
(III) on the lower part, the initials: "EEC".
The height of the letters and the figures shall comply with the requirements of Chapter XI of Annex I to Directive 64/433/EEC (as amended) in the case of large wild game, and of Chapter III of "Annex" I To Council Directive No. 9¼95/EEC(6) of 27 November 1990 in the case of small wild game;
(6)O.J. No. L268 of 24.9.1991, P.41.
(ii) a pentagonal stamp sufficiently large to contain the information listed in sub-paragraph (i) of this subparagraph.
( b ) The material used for marking shall meet all hygiene requirements and the information referred to in subparagraph (a) shall appear on it in perfectly legible form.
( c ) (i) The health marking referred to in subparagraph (a) shall be applied:
(I) to exposed carcases by means of a seal containing the information listed in subparagraph (a),
(II) on or visibly beneath wrappers or other packaging of packed carcases,
(III) on or visibly beneath wrappers or other packaging or parts of carcases or offal wrapped in small quantities.
(ii) The health marking referred to in subparagraph (a) (ii) shall be applied to large packaging.
Wrapping and packaging of wild game meat.
1. ( a ) Packaging (for example packing cases, paperboard boxes) shall fulfil all rules of hygiene, in in particular:
(i) shall not alter the organoleptic characteristics of the meat,
(ii) shall not be capable of transmitting to the meat substances harmful to human health,
(iii) shall be strong enough to ensure effective protection of the meat during transportation and handling.
( b ) Packaging shall not be reused for wild game meat unless it is made of corrosion-resistant materials which are easy to clean and has been previously cleaned and disinfected.
2. Where cut wild game meat is wrapped, this operation shall be carried out immediately after cutting and in accordance with hygiene requirements.
Such wrapping shall be transparent and colourless and shall also fulfil the conditions of paragraph 1 (a) (i) and (ii); it may not be used again for wrapping wild game meat.
3. Wrapped wild game meat shall be packaged.
4. However, when wrapping fulfils all the protective conditions of packaging it need not be transparent and colourless and placing in a second container is not necessary provided that the other conditions of paragraph 1 are fulfilled.
5. Cutting, boning, wrapping and packaging operations may take place in the same room subject to the following conditions:
( a ) the room shall be sufficiently large and so arranged that the hygiene of the operations is assured;
( b ) the packaging and wrapping shall be enclosed in a sealed protective cover immediately after manufacture; this cover shall be protected from damage during transport to the establishment and stored under hygienic conditions in a separate room in the establishment;
( c ) the rooms for storing packaging material shall be dust and vermin-free and have no air connection with rooms containing substances which might contaminate meat. Packaging shall not be stored on the floor;
( d ) packaging shall be assembled under hygienic conditions before being brought into the room;
( e ) packaging shall be hygienically brought into the room without delay. It shall not be handled by staff handling meat;
( f ) immediately after packing the meat shall be placed in the storage room provided.
6. The packaging referred to in this chapter may contain only cut wild game meat from the same animal species.
The original copy of the health certificate which shall accompany wild game meat during transportation to the place of destination shall be issued by an official veterinarian at the time of loading.
After post-mortem inspection, wild game meat shall be chilled or frozen and kept at a temperature which shall not at any time exceed 4°C in the case of small wild game and 7°C in the case of larger wild game if chilled or-12°C if frozen.
1. Wild game meat shall be dispatched in such a way that during transport it is protected from anything liable to contaminate it or to impair it, having regard to the duration and conditions of transport and to the means of transport employed. In particular, vehicles used for this transport shall be equipped in such a way as to ensure that the temperatures laid down in Chapter X are not exceeded.
2. Wild game meat may not be transported in a vehicle or container which is not clean and has not been disinfected.
3. Carcases, or half carcases, excluding frozen meat packaged in accordance with hygienic requirements, shall be suspended throughout transport except in the case of air transport.
Other cuts shall be suspended or placed on supports if not packaged or contained in corrosion-resistant containers. Such supports, packaging or containers shall meet hygiene requirements and, in particular as regards packaging, the provisions of these Regulations. They may only be reused after cleaning and disinfection.
4. The official veterinarian shall ensure before dispatch that transport vehicles and loading conditions meet the hygiene requirements laid down in these Regulations and the Council Directive.
GIVEN under my Official Seal, this 14th day of November, 1995.
Minister for Agriculture, Food and Forestry.
The purpose of these Regulations is to implement Council Directive No. 92/45/EEC which lays down standards for the hygienic production of wild game meat in approved and officially supervised establishments so as to safeguard public and animal health.