Regulation 10 Approval of establishments for the slaughter of DBES eligible animals and preparation of DBES goods

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg 10 am (W) by Bovines and Bovine Products (Trade) 2002 reg 2(1), (5)
reg 10 am (S) by Bovines and Bovine Products (Trade) Amendment 2002 reg 2(1), (5)
reg. 10(3)(a) substituted by Food Hygiene 2006 Sch. 7 para. 31
reg. 10(3)(b) words substituted by Food Hygiene 2006 Sch. 7 para. 32
reg. 10(7) inserted by Food Hygiene 2006 Sch. 7 para. 33
reg 10 am (E) by Bovines and Bovine Products (Trade) 2002 reg 2(1), (5)

(1)

No person shall use any premises for the slaughter of any DBES eligible animal from which any DBES goods will be derived unless–

(a)

the premises are an establishment approved by the Minister under this regulation for the slaughter of DBES eligible animals; and

(b)

the date referred to in article 6(5) of the Council Decision for the despatch of DBES goods has been set by the Commission and has passed.

(2)

The Minister on an application made to him for the approval of an establishment under this regulation–

(a)

shall approve the establishment to which the application relates if, following an inspection of that establishment by a veterinary inspector, he is satisfied that the establishment complies with the requirements of paragraph (3) below; or

(b)

shall refuse to approve that establishment if he is not so satisfied.

(3)

The requirements for the approval of an establishment for the slaughter of DBES eligible animals under this regulation are–

(a)

the establishment is licensed as a slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995^f1;

(b)

there is in operation in the OVS room at the establishment (as defined in regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995) a computer facility sufficient to enable an inspector to carry out official checks in relation to an animal from which DBES goods may be derived for the purpose of determining whether the animal is a DBES eligible animal;

(c)

that any bovine product not eligible for despatch abroad must have been removed from the establishment and–

(i)

all parts of the premises, and equipment on the premises, used for the production, processing, treatment, handling, storage, loading or unloading of any bovine product not eligible for despatch abroad have been thoroughly cleaned after the last such use; and

(ii)

procedures must have been put in place to prevent entry on to the premises of bovine products which are not eligible for despatch abroad;

(d)

that the methods of operation in respect of the slaughter of animals at the establishment comply with the requirements of the first column in Schedule 1 to these Regulations and the Minister has determined how those requirements are to apply to the establishment as indicated in the second and third columns of that Schedule; and

(e)

in respect of the preparation at the establishment of any description of DBES goods, intended for despatch from Great Britain to a member State or a third country, derived from DBES eligible animals (whether or not slaughtered at the establishment)–

(i)

that the establishment is approved as an export dedicated establishment under regulation 12 below for the preparation of DBES goods of that description; and

(ii)

the methods of operation in respect of the DBES goods comply with the requirements of the first column in Schedule 2 to these Regulations and the Minister has determined how those requirements are to apply to the establishment as indicated in the second and third columns of that Schedule.

(4)

An application for approval of an establishment under this regulation shall be made in writing to the Minister by the operator of the establishment to which the application relates.

(5)

The Minister shall notify the applicant in writing of his decision on the application; and, if he refuses to approve the establishment, he shall notify the applicant in writing of his reasons for refusal.

(6)

If in relation to any establishment approved under this regulation the Minister is satisfied that–

(a)

any requirement in relation to any of the requirements of regulation 11 below are not being complied with;

(b)

the operator of the establishment has failed to give notice to the Minister as required under regulation 11(11) below; or

(c)

DBES eligible animals are no longer being slaughtered there,

he may withdraw the approval relating to that establishment and, where he does so, he shall give notice to the operator in writing that the approval is withdrawn and of the reason for withdrawing it.

Annotations

Footnotes

f1: S.I. 1995/539, to which there are amendments not relevant to these Regulations.