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S.I. No. 109/1978 - European Communities (Fresh Poultry Meat) Regulations, 1978.

S.I. No. 109 of 1978.

EUROPEAN COMMUNITIES (FRESH POULTRY MEAT) REGULATIONS, 1978.

I, JAMES GIBBONS, Minister for Agriculture, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 78/50/EEC 1, hereby make the following Regulations:—

1. These Regulations may be cited as the European Communities (Fresh Poultry Meat) Regulations, 1978, and shall come into operation on the 15th day of February, 1979.

2. (1) In these Regulations—

"the Council Directive of 1971" means Council Directive No. 71/118/EEC 2 (as amended by Council Directive No. 75/431/EEC 3;

"the Council Directive of 1977" means Council Directive No. 78/50/EEC 1;

"the Regulations of 1976" means the European Communities (Fresh Poultry Meat) Regulations, 1976 ( S.I. No. 317 of 1976 ).

(2) A word or expression that is used in these Regulations and is also used in the Council Directive of 1971 or in the Council Directive of 1977 has the meaning in these Regulations that it has in the Council Directive of 1971 or the Council Directive of 1977, unless the contrary intention appears.

3. The Regulations of 1976 and these Regulations shall be construed together.

4. Subject to Regulation 5 of these Regulations, the chilling of fresh poultry meat by immersion in water is prohibited unless it is effected in accordance with the conditions laid down in points 28a and 28b (inserted by the Council Directive of 1977) of Chapter V of Annex I to the Council Directive of 1971 and the carcases thus chilled are immediately frozen or deep-frozen.

5. (1) Notwithstanding the prohibition imposed by Regulation 4 of these Regulations, the Minister may, in the case of carcases obtained and intended for marketing in the State, grant on request to undertakings carrying on their activity in the State on the 1st day of January, 1978, derogations from Regulation 4.

1 OJ No. L 15/28, 19.1.1978.

2OJ No. L 55/23, 8.3.1971, p.106.

3 OJ No. L 192/6, 24.7.1975.

(2) A derogation under this Regulation shall not apply to a period ending after the 15th day of August, 1982.

6. Notwithstanding anything in the Regulations of 1976, use of the health marking provided for in Chapter X of Annex I to the Council Directive of 1971 is prohibited in the case of carcases the subject of a derogation under Regulation 5 of these Regulations.

7. The powers conferred on an authorised officer by Regulation II of the Regulations of 1976 may be exercised for the purpose of Article 4 of the Council Directive of 1977.

GIVEN under my Official Seal, this 6th day of April, 1978.

 JAMES GIBBONS,

Minister for Agriculture.

EXPLANATORY NOTE

The Regulations prohibit, with certain temporary derogations for the domestic market, the chilling of fresh poultry meat by immersion in water unless this chilling is done by the method specified in Directive 78/50/EEC and unless the carcases so chilled are immediately frozen or deep-frozen.