Regulation 5 Enforcement

England and Wales

(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 or the food authority in whose area the food business operator carries out his or her operations must 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 to the extent that they concern wild game; and

(b)

the food authority in whose area the food business operator carries out his or her operations must enforce and execute the Hygiene Regulations in so far as the operator concerned is carrying out operations which are not executed and enforced by the Agency or the food authority as provided for in 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 must enforce and execute the Hygiene Regulations in so far as the operator concerned is carrying out operations in relation to—

(i)

a slaughterhouse,

(ii)

a game handling establishment, or

(iii)

a cutting plant; and

(b)

(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 food authority in whose area the collection centre or tannery concerned is situated must enforce and execute the Hygiene Regulations.

(4)

Each food authority must enforce and execute these Regulations in its area in relation to the matters regulated by—

(a)

Schedules 3 to 5; and

(b)

Schedule 6 in so far as it applies in relation to raw milk intended for direct human consumption other than raw cows' milk.

(5)

The Agency must enforce and execute these Regulations in relation to the matters regulated by Schedule 6 in so far as it applies in relation to raw cows' milk intended for direct human consumption.

F1(6)

In this regulation—

“cutting plant” (“safle torri”) means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which is approved or conditionally approved under Article 148 of Regulation 2017/625;
“game-handling establishment” (“sefydliad trin anifeiliaid hela”) means an establishment in which game and game meat obtained after hunting are prepared for placing on the market and which is approved or conditionally approved under Article 148 of Regulation 2017/625;
“slaughterhouse” (“lladd-dy”) means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption, and which is approved or conditionally approved under Article 148 of Regulation 2017/625.

Annotations

Textual amendments

F1: Reg. 5(6) substituted (14.12.2019) by The Official Feed and Food Controls (Wales) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1482), regs. 1(1), 5