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Article 45 Measures in cases of non-compliance with requirements for fresh meat

United Kingdom

Original text. Later amendments are not shown.

The official veterinarian shall declare fresh meat unfit for human consumption if it:

  1. (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;

  2. (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;

  3. (c)

    derives from animals that are dead before slaughter, stillborn, unborn or slaughtered under the age of seven days;

  4. (d)

    results from the trimming of sticking points;

  5. (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;

  6. (f)

    derives from animals affected by a generalised disease, such as generalised septicaemia, pyaemia, toxaemia or viraemia;

  7. (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;

  8. (h)

    exhibits parasitic infestation, unless otherwise provided for in the requirements on the official controls for cysticercosis provided for in Article 30;

  9. (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;

  10. (j)

    consists of the liver and kidneys of animals more than two years old from regions where F4... the generalised presence of heavy metals in the environment F5has been revealed;

  11. (k)

    has been treated illegally with decontaminating substances;

  12. (l)

    has been treated illegally with ionising radiation, including UV-radiation;

  13. (m)

    contains foreign bodies, except, in the case of wild game, material used to hunt the animal;

  14. (n)

    exceeds maximum permitted radioactivity levels laid down under F6legislation in force in the relevant constituent territory of Great Britain;

  15. (o)

    indicates pathological or organoleptic changes, in particular a pronounced sexual odour or insufficient bleeding (except for wild game);

  16. (p)

    derives from emaciated animals;

  17. (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;

  18. (r)

    shows soiling, faecal or other contamination;

  19. (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;

  20. (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;

  21. (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)