Regulation 5 Enforcement

(1)

In respect of any food business operator to whose operations Regulation 852/2004 applies but Regulation 853/2004 does not apply—

(a)

the Agency shall enforce and execute the Hygiene Regulations in so far as the operator concerned is carrying out primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 other than the associated operations described in sub-paragraphs (a) and (c) of that paragraph in so far as they concern wild game; and

(b)

the district council in whose district the food business operator carries out his operations shall enforce and execute these Regulations in so far as the operator concerned is carrying out operations which are not enforced and executed by the Agency pursuant to sub-paragraph (a).

(2)

In respect of any food business operator to whose operations both Regulation 852/2004 and Regulation 853/2004 apply—

(a)

the Agency shall enforce and execute the Hygiene Regulations in so far as the operator concerned is carrying out operations in relation to the following establishments and activities—

(i)

slaughterhouses,

(ii)

game handling establishments,

(iii)

cutting plants placing fresh meat on the market, and

(iv)

the activities in respect of eggs as set out in Chapter I of Section X of Annex III to Regulation 853/2004; and

(b)

the Agency or the district council in whose district the food business operator carries out his operations shall enforce and execute the Hygiene Regulations in so far as the operator concerned is carrying out operations in relation to any establishment or activity that is not specified in sub-paragraph (a) and is regulated by Regulation 853/2004.

(3)

In respect of—

(a)

collection centres and tanneries supplying raw material for the production of gelatine intended for human consumption pursuant to paragraph 5 of Chapter I of Section XIV of Annex III to Regulation 853/2004; and

(b)

collection centres and tanneries supplying raw material for the production of collagen intended for human consumption pursuant to paragraph 5 of Chapter I of Section XV of Annex III to Regulation 853/2004,

the Agency shall enforce and execute the Hygiene Regulations.

(4)

Each district council shall enforce and execute these Regulations in its district in relation to the matters regulated by Schedules 3 to 5.

(5)

The Agency shall enforce and execute these Regulations in relation to the matters regulated by Schedule 6.