Paragraph 3

In this Part—

• “catering establishment” means—

  1. (a)

     A restaurant, canteen, club, public house, school kitchen, prison kitchen, hospital kitchen or similar establishment (including a vehicle or a fixed or mobile stall) where—

     1. (i)

        Food is cooked or made ready for consumption without further preparation; and

     2. (ii)

        Food is prepared for service to the consumer;

  2. (b)

     Other premises where—

     1. (i)

        Food is cooked or made ready for consumption without further preparation;

     2. (ii)

        Food is prepared for service to the consumer; and

     3. (iii)

        There is no change of ownership of the food concerned between preparation and delivery to the consumer;

• “distribution warehouse” means premises where produce is received prior to onward distribution to a wholesale or retail establishment and—

  1. (c)

     There is no change in the ownership of the produce concerned between receipt and onward distribution;

  2. (d)

     The wholesale or retail establishment to which delivery is made is excluded under paragraph 1 of this Schedule; and

  3. (e)

     The premises are owned by the same person that owns the retail or wholesale establishment to which the produce is delivered;

• “produce” means produce derived from agricultural work, shellfish, fish or products derived from shellfish or fish;

• “wholesale establishment” means facility operated solely for the purpose of selling produce for the purposes of resale or to a catering establishment, and includes a cash and carry warehouse but excludes a food processing or packaging facility; and

• “to process or pack” includes to carry out the daily cleaning and maintenance of machinery used for the processing or packing.