Article 45 Measures in cases of non-compliance with requirements for fresh meat
United Kingdom
The official veterinarian shall declare fresh meat unfit for human consumption if it:
- (a)
derives from animals that have not undergone ante-mortem inspection in accordance with Article 18(2)(a) or (b) of Regulation (EU) 2017/625, except for wild game and stray reindeer referred to in Article 12(1)(b) of Delegated Regulation (EU) 2019/624;
- (b)
derives from animals whose offal has not undergone post-mortem inspection in accordance with Article 18(2)(c) of Regulation (EU) 2017/625, except in case of viscera of large wild game that do not need to accompany the body to a game-handling establishment in accordance with point 4 of Chapter II of Section IV in Annex III of Regulation (EC) No 853/2004;
- (c)
derives from animals that are dead before slaughter, stillborn, unborn or slaughtered under the age of seven days;
- (d)
results from the trimming of sticking points;
- (e)
derives from animals affected by animal diseases for which animal health rules are laid down in the F1... legislation listed in Annex I to Directive 2002/99/EC, except if it is obtained in conformity with the specific requirements provided for in F2legislation which, immediately before IP completion day, implemented that Directive; this exception shall not apply if otherwise provided for in the requirements on the official controls of tuberculosis and brucellosis provided for in Articles 33 and 34 of this Regulation;
- (f)
derives from animals affected by a generalised disease, such as generalised septicaemia, pyaemia, toxaemia or viraemia;
- (g)
is not in conformity with the food safety criteria laid down in Chapter I of Annex I to Regulation (EC) No 2073/2005 for determining whether food may be placed on the market;
- (h)
exhibits parasitic infestation, unless otherwise provided for in the requirements on the official controls for cysticercosis provided for in Article 30;
- (i)
contains chemical residues or contaminants in excess of the levels laid down in Regulations (EU) No 37/2010, (EC) No 396/2005, (EC) No 1881/2006 and (EC) No 124/2009 or residues of substances that are prohibited or unauthorised under Regulation (EU) No 37/2010 or F3the Residues Regulations;
- (j)
- (k)
has been treated illegally with decontaminating substances;
- (l)
has been treated illegally with ionising radiation, including UV-radiation;
- (m)
contains foreign bodies, except, in the case of wild game, material used to hunt the animal;
- (n)
exceeds maximum permitted radioactivity levels laid down under F6legislation in force in the relevant constituent territory of Great Britain;
- (o)
indicates pathological or organoleptic changes, in particular a pronounced sexual odour or insufficient bleeding (except for wild game);
- (p)
derives from emaciated animals;
- (q)
contains specified risk material unless removal is allowed in another establishment in accordance with Point 4.3 of Annex V to Regulation (EC) No 999/2001 and the fresh meat remains under the control of the competent authorities;
- (r)
shows soiling, faecal or other contamination;
- (s)
consists of blood that may constitute a risk to human or animal health owing to the health status of any animal from which it derives or contamination arising during the slaughter process;
- (t)
in the opinion of the official veterinarian, after examination of all the relevant information, may constitute a risk to human or animal health or is for any other reason not suitable for human consumption;
- (u)
gives rise to specific hazards in accordance with Articles 29 to 36.
Annotations
Textual amendments
- F1
Word in Art. 45(e) omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 16(19)(a)(i) (with regs. 33-36)
- F2
Words in Art. 45(e) inserted (31.12.2020) 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), 16(19)(a)(ii) (with regs. 33-36)
- F3
Words in Art. 45(i) substituted (31.12.2020) 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), 16(19)(b) (with regs. 33-36)
- F4
Words in Art. 45(j) omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 16(19)(c)(i) (with regs. 33-36)
- F5
Words in Art. 45(j) inserted (31.12.2020) 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), 16(19)(c)(ii) (with regs. 33-36)
- F6
Words in Art. 45(n) substituted (31.12.2020) 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), 16(19)(d) (with regs. 33-36)