Article 3 Derogations

United Kingdom

By way of derogation from Article 2(1), meat of domestic swine that has undergone a freezing treatment in accordance with Annex II under the supervision of the competent authority shall be exempt from Trichinella examination.

By way of derogation from Article 2(1), carcasses and meat of not weaned domestic swine less than five weeks of age shall be exempt from Trichinella examination.

By way of derogation from Article 2(1), carcasses and meat of domestic swine may be exempt from Trichinella examination where the animals come from a holding or a compartment officially recognised as applying controlled housing conditions in accordance with Annex IV, if:

(a)

no autochthonous Trichinella infestations in domestic swine kept in holdings officially recognised as applying controlled housing conditions have been detected F1... in the past three years, during which time continuous testing has been conducted in accordance with Article 2; or

(b)

historical data on continuous testing carried out on slaughtered swine population provide at least 95 % confidence that the prevalence of Trichinella does not exceed one per million in that population; F2...

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44.

When carcasses and meat of domestic swine are exempt from Trichinella examination pursuant to a derogation under Article 3(3), the competent authority must collect the information referred to in Chapter 2 of Annex 4 and must maintain a list of holdings and compartments to which the derogation applies.

F55.

By way of derogation from Article 2(3) and following approval by the competent authority:

(a)

carcasses may be cut up at a cutting plant attached to or separate from the slaughterhouse provided that:

(i)
the procedure is approved by the competent authority;
(ii)
a carcass or the parts thereof have not more than one cutting plant as its destination;
(iii)
the cutting plant is situated within F6Great Britain; and
(iv)
in the case of a positive result all the parts are declared unfit for human consumption;

(b)

carcasses derived from domestic swine may be cut up into more parts in a cutting plant on the same premises or attached to the slaughterhouse provided that:

(i)
the procedure is approved by the competent authority;
(ii)
warm cutting is necessary for the production of specific products;
(iii)
in the case of a positive result all the parts are declared unfit for human consumption.

Annotations

Textual amendments

F1: Words in Art. 3(3)(a) omitted (31.12.2020) by virtue of S.I. 2019/640, reg. 51D(a)(i) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))
F2: Word in Art. 3(3)(b) omitted (31.12.2020) by virtue of S.I. 2019/640, reg. 51D(a)(ii) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))
F3: Art. 3(3)(c) omitted (31.12.2020) by virtue of S.I. 2019/640, reg. 51D(a)(iii) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))
F4: Art. 3(4) substituted (31.12.2020) by S.I. 2019/640, reg. 51D(b) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))
F5: Inserted by Commission Implementing Regulation (EU) 2020/1478 of 14 October 2020 amending Implementing Regulation (EU) 2015/1375 as regards sampling, the reference method for detection and import conditions related to Trichinella control (Text with EEA relevance).
F6: Words in Art. 3(5)(a)(iii) substituted (31.12.2020) by S.I. 2019/640, reg. 51D(c) (as inserted by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 7(2)(b))