The Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018

Made

Coming into operation

The Department of Agriculture, Environment and Rural Affairs —being a Department designated , for the purposes of making Regulations under section 2(2) of the European Communities Act 1972 in relation to food (including drink) including the primary production of food; andhaving carried out the consultation required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety ,

The Department of Agriculture, Environment and Rural Affairs —

being a Department designated , for the purposes of making Regulations under section 2(2) of the European Communities Act 1972 in relation to food (including drink) including the primary production of food; and

having carried out the consultation required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety ,

makes these Regulations in exercise of powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department that it is expedient for references in these Regulations to the following EU instruments to be construed as references to those instruments as amended from time to time—Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products ;Commission Implementing Regulation (EU) 2017/1184 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals .Commission Delegated Regulation (EU) 2017/1182 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals ; and

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department that it is expedient for references in these Regulations to the following EU instruments to be construed as references to those instruments as amended from time to time—

Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products ;

Commission Implementing Regulation (EU) 2017/1184 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals .

Commission Delegated Regulation (EU) 2017/1182 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals ; and

PART 1 — GENERAL PROVISIONS

Citation and commencement

1

These Regulations may be cited as the Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018; they apply in Northern Ireland and come into operation on 10th January 2019.

Interpretation

2

• (1) In these Regulations—

• “the 2010 Regulations” means the Beef and Pig Carcase Classification Regulations (Northern Ireland) 2010 ;

• “adult bovine animal” means a bovine animal aged eight months or more;

• “approved slaughterhouse” means an establishment used for slaughtering adult bovine animals or pigs, the meat of which is intended for human consumption and which is approved or conditionally approved under Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin ;

• “assimilated beef provision” means a provision which is specified in column 2 of Schedule 1, the subject matter of which is described in column 3 of that Schedule;

• “assimilated pig provision” means a provision which is specified in column 2 of Schedule 2, the subject matter of which is described in column 3 of that Schedule;

• “authorised officer” means a person authorised by the Department for the purposes of these Regulations;

• “bovine carcase” means a carcase or half-carcase of a slaughtered adult bovine animal bearing a health mark as defined in Article 3(51) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;

• “classification” means—the classification of bovine carcases in accordance with the assimilated beef provisions, orthe classification of pig carcases in accordance with the assimilated pig provisions and with regulation 15,as the case may be and cognate terms are to be construed accordingly;

• “clean pig” means a pig which has not been used for breeding;

• “Commission Delegated Regulation” means Commission Delegated Regulation (EU) 2017/1182 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals;

• “Commission Implementing Regulation” means Commission Implementing Regulation (EU) 2017/1184 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals;

• ...

• ...

• “operator” means a person carrying on the business of an approved slaughterhouse;

• “pig carcase” means the body of a slaughtered clean pig, bled and eviscerated, whole or divided down the mid-line;

• “prescribed communication” means a communication of the results of the classification as required by Article 1 of the Commission Implementing Regulation;

• “Regulation (EU) 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products.

• “the Department” means the Department of Agriculture, Environment and Rural Affairs.

• (2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly .

• (3) Other terms used in these Regulations that are also used in Regulation (EU) 2013, the Commission Delegated Regulation or the Commission Implementing Regulation have the same meaning they bear in those Regulations.

• (4) In these Regulations, any reference to—

• (a) Regulation (EU) 2013;

• (b) the Commission Delegated Regulation; or

• (c) the Commission Implementing Regulation,

is to be construed as a reference to that instrument as amended from time to time.

Transitional provisions

3

Any notice, licence, approval or authorisation, given or granted under the 2010 Regulations and which has effect at the coming into operation of these Regulations remains in force as if it were given or granted under these Regulations.

Revocations

4

The following are revoked—

• (a) the Beef and Pig Carcase Classification Regulations (Northern Ireland) 2010 ; and

• (b) regulation 2 of the Single Common Market Organisation (Consequential Amendments) Regulations (Northern Ireland) 2014 .

PART 2 — NOTIFICATIONS BY OPERATORS

Notifications by operators

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• (1) Every person who—

• (a) is an operator on the date of coming into operation of these Regulations, or

• (b) becomes on operator on a subsequent date

PART 3 — BOVINE CARCASES

Application of these Regulations to small-scale bovine operators

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• (1) A small-scale bovine operator is not required to classify bovine carcases.

• (2) These Regulations do not apply to a small-scale bovine operator which does not classify carcases.

• (3) But if a small-scale bovine operator chooses to classify bovine carcases, these Regulations apply in relation to that operator and the classification of those carcases.

• (4) In this regulation, “small-scale bovine operator” means an operator of an approved slaughterhouse at which fewer than 150 adult bovine animals per week as an annual average are slaughtered.

• (5) Any small-scale bovine operator who, until the coming into operation of these Regulations, was required to classify bovine carcases under the 2010 Regulations shall not by that reason alone be deemed to have chosen to do so for the purposes of paragraph (3).

• (6) Nothing in this regulation prevents the application of these Regulations to an operator in relation to pig carcases if pigs are also slaughtered in that operator's slaughterhouse.

Competent authority: bovine carcases

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• (1) The Department is the competent authority for the purposes of—

• (a) Article 12(2)(b) of the Commission Delegated Regulation (additional provisions on classification by automated grading techniques);

• (b) Articles 13 and 14 of the Commission Delegated Regulation and Articles 13(2) and 14 of the Commission Implementing Regulation (reporting of market prices and calculation of weekly market prices and average price per class);

• (c) Article 17(2) of the Commission Delegated Regulation (supplementary provisions for reporting of market prices for carcases);

• (d) Article 4(1) of the Commission Implementing Regulation (making and keeping reports for on-the-spot checks).

• (2) The Department is responsible for –

• (a) the authorisation of automated grading methods for beef carcases as described in Article 10 of the Commission Delegated Regulation;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) on-the-spot checks as described in Articles 2 and 3 of the Commission Implementing Regulation.

Records instead of marking

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An operator or the person responsible for the classification of bovine carcases may, instead of marking a carcase in accordance with the assimilated beef provisions set out in Part 2 of Schedule 1, draw up a record for that carcase which comprises at least—

• (a) the individual identification of the carcase by any unalterable means;

• (b) the warm weight of the carcase; and

• (c) the result of the classification.

Licence to carry out classification

9

• (1) The Department may grant a licence to carry out visual classification of bovine carcases to any person who appears to the Department to be qualified to carry out the classification, if the Department is satisfied that the applicant is a fit and proper person to carry out classification of bovine carcases.

• (2) The licence may be made subject to such terms and conditions as the Department considers necessary for the purposes of paragraph (1).

• (3) In addition to the power to revoke a licence in the circumstances mentioned in Article 4(2) of the Commission Implementing Regulation (incorrect classification, presentations or identifications), the Department may suspend or revoke a licence granted to a person under this regulation if—

• (a) the person has contravened any of the terms or conditions of that licence; or

• (b) the Department is satisfied that the person holding that licence is no longer a fit and proper person to carry out classification of bovine carcases.

• (4) Where the Department takes any decision in relation to a licence under this regulation which gives rise to a right to appeal under regulation 11, the Department must—

• (a) inform the person of the decision in writing;

• (b) give the reasons; and

• (c) explain that there is a right of appeal to a magistrates' court.

Licence for automated grading

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• (1) The Department may grant to the operator of an approved slaughterhouse a licence authorising the use of automated grading equipment for classification of bovine carcases at that slaughterhouse, if the Department is satisfied on the application of the operator for such a license that the equipment and the manner of its operation would meet the standards required by Article 9(b) and 10(2) (read with Part A of Annex IV) of the Commission Delegated Regulation.

• (2) The licence may be made subject to such terms and conditions as are necessary to ensure compliance with those standards.

• (3) In addition to the power to revoke a licence in the circumstances mentioned in Article 4(2) of the Commission Implementing Regulation (incorrect classification, presentations or identifications), the Department may suspend or revoke a licence granted to an operator under this regulation if—

• (a) the operator has contravened any of the terms or conditions of the licence; or

• (b) the Department considers that the automated grading equipment no longer meets the standards required by the Commission Delegated Regulation, whether for reasons connected with the equipment itself or with the operator's manner of operation of the equipment.

• (4) Where the Department takes any decision in relation to a licence under this regulation which gives rise to a right to appeal under regulation 11, the Department must—

• (a) inform the person of the decision in writing;

• (b) give the reasons; and

• (c) explain that there is a right of appeal to a magistrates' court.

Appeals regarding licences

11

• (1) A person may, within 21 days of the notification of a decision to which this regulation applies, appeal against that decision to a magistrates' court.

• (2) A specified decision for the purpose of paragraph (1) is a decision by the Department to—

• (a) refuse an application by that person for a licence under regulation 9 or 10;

• (b) impose a term or condition in a licence granted to that person under regulation 9 or 10; or

• (c) suspend or revoke a licence granted to that person under regulation 9 or 10.

• (3) The procedure is by way of a complaint for an order, and the Magistrates' Courts (Northern Ireland) Order 1981 applies to the proceedings.

• (4) On an appeal the court may either cancel or affirm the decision and, if the court affirms the decision, it may do so either in its original form or with such modifications as the court thinks fit.

Records: bovine carcases

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• (1) An operator of an approved slaughterhouse must keep a record of the particulars specified in Schedule 3 relating to each bovine carcase which is classified in that slaughterhouse.

• (2) The operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates.

PART 4 — PIG CARCASES

Exemption for small-scale pig operators

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• (1) These Regulations do not apply to the operator of an approved slaughterhouse at which fewer than 500 clean pigs per week as an annual average are slaughtered.

• (2) But if a small-scale pig operator chooses to classify pig carcases, these Regulations apply in relation to that operator and the classification of those carcases.

• (3) Nothing in paragraph (1) prevents the application of these Regulations to an operator in relation to bovine carcases if adult bovine animals are also slaughtered in that operator's slaughterhouse.

Competent authority: pig carcases

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• (1) The Department is the competent authority for the purposes of—

• (a) Article 7(4) of the Commission Delegated Regulation;

• (b) Article 12(2)(b) of the Commission Delegated Regulation (additional provisions on classification by automated grading techniques);

• (c) Articles 13 and 14 of the Commission Delegated Regulation and Article 14 of the Commission Implementing Regulation (reporting of market prices and calculation of average price per class);

• (d) Article 17(2) of the Commission Delegated Regulation (supplementary provisions for reporting of market prices for carcases);

• (e) Article 4(1) of the Commission Implementing Regulation (making and keeping reports for on-the-spot checks).

• (2) The Department is responsible for-

• (a) authorisation of automated grading methods for pig carcases as described in Article 11 of the Commission Delegated Regulation;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) on-the-spot checks as described in Articles 2 and 3 of the Commission Implementing Regulation.

Authorised grading methods

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• (1) The classification of pig carcases must be carried out at an approved slaughterhouse—

• (a) using an authorised grading method provided for in Article 11 of the Commission Delegated Regulation; and

• (b) using grading techniques provided for in Article 11 of the Commission Delegated Regulation which are operated by qualified personnel.

• (2) In this regulation, “qualified personnel” means any person who is using a grading technique provided for in Article 11 of the Commission Delegated Regulation and who is proficient in the use of that technique.

Records instead of marking

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