The Meat Products (Hygiene) Regulations 1994

• Citation: S.I. 1994/3082
• Sections: 113

Section 1 Title and commencement

These Regulations may be cited as the Meat Products (Hygiene) Regulations 1994 and shall come into force on 1st January 1995.

Section 2 Interpretation

(1) In these Regulations, unless the context otherwise requires—

“ the Act ” means the Food Safety Act 1990;

“ambient store” means any premises, not being part of approved meat products premises, which store unpackaged meat products under non-refrigerated conditions;

“approval” means approval under these Regulations and “approved” has a corresponding meaning;

“approval authority” means—

in relation to combined premises, the Minister; and

in relation to other premises, the food authority in whose area they are situated;

“authorised officer”, in relation to an enforcement authority, means any person who is authorised by the authority in writing, either generally or specially, to act in matters arising under these Regulations;

“batch” means a quantity of a meat product which is covered by the same accompanying commercial document or health certificate;

“the Bovine Offal Regulations ” means—

the Bovine Offal (Prohibition) Regulations 1989 ; and

the Bovine Offal (Prohibition) (Scotland) Regulations 1990 ;

“the British EC health mark” means the British EC health mark described in paragraph 1 of Part VI of Schedule 2;

“the British national health mark” means the British national health mark described in paragraph 2 of Part VI of Schedule 2;

“cold store” means any premises, not being part of approved meat products premises, which store unpackaged meat products under refrigerated conditions;

“cold treatment” means treatment by refrigeration;

“combined premises” means—

premises where meat processing operations are carried on and which share a common curtilage with a slaughterhouse;

any licensed cold store which stores both fresh meat and meat products;

“contravention” in relation to any provision of these Regulations includes a failure to comply with that provision;

“curing” means the distribution of salts throughout the product;

“drying” means natural or artificial reduction of the water content;

“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as amended by the Protocol signed at Brussels on 17th March 1993;

“EEA State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein (and accordingly includes—

any State that was a member State of the European Community before that Agreement; and

any other State which is a Contracting Party to the Agreement, whether or not it becomes such a member State);

“EC health mark”, in relation to meat, means a health mark required by any of the meat Directives;

“enforcement authority” is to be construed in accordance with regulation 19 below;

“establishment” means an establishment handling or storing any type of meat products or other products of animal origin;

“final consumer” means a person who buys meat products or other products of animal origin—

for his own consumption;

for direct transport to, and consumption on, premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him; or

for direct transport to premises used for handling or storing meat products either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him for sale as a ready-cooked take-away meat product for consumption off those premises;

“food authority” includes a port health authority;

“the Food Labelling Regulations ” means the Food Labelling Regulations 1984 and the Food Labelling (Scotland) Regulations 1984 ;

“handling” means manufacturing, preparing, processing, packaging, wrapping, and rewrapping and “handled” has a corresponding meaning;

“heating” means the use of dry or damp heat;

“hermetically sealed container” means a container which is airtight and intended to protect the contents against the entry of micro-organisms after heat treatment;

“the Hygiene Regulations ” means—

the Fresh Meat (Hygiene and Inspection) Regulations 1992 ; and

the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1994 ;

“industrial meat products premises” means meat products premises whose production exceeds 7.5 tonnes of finished meat products per week or 1 tonne per week in the case of premises producing foie gras, or a lower level of production where a special hygiene direction is given;

“licensed” means licensed under the Hygiene Regulations;

“maturing” means any treatment of salted raw meat which in the course of a slow and gradual reduction of humidity is capable of generating natural fermentation or enzymatic processes, involving changes over a period of time which give the product typical organoleptic characteristics and ensure its preservation and wholesomeness at normal ambient temperature;

“meat” means—

meat as defined in—

article 2(a) of Directive 64/433/ EEC ;

article 2 of Directive 71/118/EEC ;

article 2 of Directive 72/461/EEC ;

article 2 of Directive 72/462/EEC ;

article 2 of Directive 88/657/EEC ;

article 2(1) and (2) of Directive 91/495/EEC ;

article 2(1)(d) of Directive 92/45/EEC ; and

minced meat and meat preparations falling within the definition of “meat” in regulation 2(1) of the Food Hygiene (General) Regulations 1970 and regulation 2(1) of the Food Hygiene (Scotland) Regulations 1959 ;

“meat-based prepared meal” means a wrapped meat product (excluding sandwiches or products made with pastry, pasta or dough) in which meat has been mixed with other foodstuffs before, during or after cooking and requires refrigeration for preservation;

“the meat Directives” means the Directives mentioned in the definition of “meat” in this regulation;

“meat preparations” means preparations made wholly or partly from meat or minced meat (but excludes meat which has undergone only cold treatment) which—

have undergone a treatment other than one specified in these Regulations for meat products; or

have been prepared by the addition of foodstuffs, seasonings or additives; or

have undergone a combination of the above;

“meat products” means products for human consumption prepared from or with meat which has undergone treatment such that the cut surface shows that the product no longer has the characteristics of fresh meat, but not—

meat which has undergone only cold treatment;

minced meat;

mechanically recovered meat;

meat preparations;

“the Meat Products etc. Regulations ” means—

the Meat Products and Spreadable Fish Products Regulations 1984 ; and

the Meat Products and Spreadable Fish Products (Scotland) Regulations 1984 ;

“meat products premises” means any industrial or non-industrial premises handling or storing meat products;

“non-industrial meat products premises” means meat products premises whose production does not exceed 7.5 tonnes of finished meat products per week or 1 tonne per week in the case of premises producing foie gras, or a lower level of production where a special hygiene direction is given;

“occupier” means a person carrying on the business of producing, handling or storing meat products or other products of animal origin;

“other products of animal origin” means the following products intended for human consumption—

meat extracts;

rendered animal fat: fat derived from rendering meat, including bones;

greaves: the protein-containing residue of rendering, after partial separation of fat and water;

meat powder, powdered rind, salted or dried blood, salted or dried blood plasma;

stomachs, bladders and intestines, cleaned, salted or dried, and/or heated;

“packaging”, in relation to meat products or other products of animal origin, means the placing of one or more of such wrapped or unwrapped products in a container, as well as the container itself;

“potable water” means water within the meaning of Directive 80/778/EEC on the quality of water intended for human consumption;

“prepared food” means any food, intended for human consumption, not being a meat product or other product of animal origin or a meat-based prepared meal which is handled in an establishment;

“prohibited parts” means—

genital organs of female or male animals, except testicles;

urinary organs, except the kidneys and the bladder;

the cartilage of the larynx, the trachea and the extralobular bronchi;

eyes and eyelids;

the external, auditory meatus;

orneous tissues;

in poultry, the head (except the comb and the ears, the wattles and caruncles) the oesophagus, the crop, the intestines and the genital organs;

“raw material” means any animal product used as an ingredient in meat products or other products of animal origin, or used in the preparation of prepared food;

“relevant EEA State” means an EEA State other than Iceland;

“rewrapping centre” means premises where any of the following operations is carried out—

meat products are unwrapped, sliced or cut and subsequently rewrapped prior to desptach;

unpackaged meat products from different establishments are assembled into batches for despatch,

and “rewrapped”, in relation to meat products, has a corresponding meaning;

“salting” means use of salt;

“slaughterhouse” means a licensed slaughterhouse;

“small percentage of meat” means 10% or less by weight of the raw meat used as a proportion of the weight of the final product;

“special hygiene direction” means a direction given by an enforcement authority for hygiene reasons at particular premises;

“third country” means a country which is not a relevant EEA State;

“treatment” means any chemical or physical process such as heating, smoking, salting, marinating, curing or drying, intended to preserve meat or animal products whether or not associated with other foodstuffs, or a combination of these various processes;

“wrapping”, in relation to meat products or other products of animal origin, means the protection of those products by the use of an initial wrapping or initial container in direct contact with the product concerned as well as the initial wrapper or initial container itself.

(2) Except in so far as the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

Section 3 Exemption

These Regulations shall not apply to establishments handling or storing meat products or other products of animal origin exclusively for sale from those establishments to the final consumer, or to persons engaged in such handling, storing or selling, or to the transporting of meat products to the final consumer.

Section 4 Approvals of premises other than ambient stores, rewrapping centres and cold stores

(1) After 31st December 1995 no person shall handle meat products in any premises to which this regulation applies unless those premises—

(a) are approved under this regulation; and

(b) comply with the appropriate requirements of Schedules 1 and 2.

(2) This regulation applies to meat products premises other than ambient stores, rewrapping centres and cold stores.

(3) No person—

(a) shall despatch from any meat products premises approved under this regulation any meat products which do not comply with the provisions of these Regulations;

(b) shall despatch any meat products to a relevant EEA State from meat products premises to which this regulation applies but which are not approved under this regulation.

(4) Subject to paragraph (5) below, the approval authority, on application under this regulation—

(a) shall approve the meat products premises to which the application relates—

(i) for the handling of meat products, other than those specified in sub-paragraphs (ii) to (iv) below, if the authority is satisfied that they comply with the requirements of Schedule 1 and Parts I, II , III , V and VII of Schedule 2;

(ii) for the handling of meat products which contain a small percentage of meat, if the authority is satisfied that they comply with the requirements of Schedule 1 and with Parts II, III, V and VII of Schedule 2;

(iii) for the pasteurisation or sterilisation of meat products in hermetically sealed containers, if the authority is satisfied that they comply with the requirements of Schedule 1 and with Part I (except in the case of meat products which contain a small percentage of meat) and Parts II, III, V and VII of Schedule 2, and in the case of products in hermetically sealed containers with the requirements of Part VIII of Schedule 2;

(iv) for the manufacture of meat-based prepared meals, if the authority is satisfied that they comply with the requirements of Schedule 1 and with Part I (except in the case of meat-based prepared meals which contain a small percentage of meat) and Parts II, III, V, VII, and IX of Schedule 2; and

(b) otherwise shall refuse to approve them for any of those purposes.

(5) In the case of non-industrial meat products premises, the approval authority may issue an approval if the authority is satisfied that they comply with the provisions of—

(a) Schedule 1;

(b) Parts II, III and V of Schedule 2;

(c) if they manufacture products in hermetically sealed containers, Part VIII of Schedule 2; and

(d) if they manufacture meat-based prepared meals, Part IX of Schedule 2.

(6) Each application for an approval under this regulation shall be made in writing by the occupier of, or a person proposing to occupy, the premises to which the application relates.

(7) The approval authority shall notify the applicant in writing of the decision on an application under this regulation and of the reasons for any refusal to grant approval.

Section 5 Approval of ambient stores, rewrapping centres and cold stores

(1) After 31st December 1995 no person shall use any ambient store, rewrapping centre or cold store for the handling or storage of meat products unless—

(a) it is approved under this regulation or licensed under the Hygiene Regulations; and

(b) it complies with the appropriate requirements of Schedule 3.

(2) No person shall despatch any meat products to a relevant EEA State from an ambient store, rewrapping centre or cold store which is not approved under this regulation.

(3) The approval authority, on application under this regulation—

(a) shall approve the premises to which the application relates—

(i) as an ambient store for the storage of meat products if the authority is satisfied that the occupier will comply with the requirements of Part I of Schedule 3; and

(ii) as a rewrapping centre for the handling or storage of meat products if the authority is satisfied that the occupier will comply with the requirements of Part II of Schedule 3; and

(b) otherwise shall refuse to approve them for either of those purposes.

(4) The approval authority on application under this regulation—

(a) shall approve the premises to which the application relates as a cold store for the storage of meat products if they are already licensed as a cold store for the storage of fresh meat or fresh poultry meat; and

(b) if the premises are not already so licensed, shall approve them as a cold store for the storage of meat products if the authority is satisfied that they comply with the requirements of Part III of Schedule 3; and

(c) otherwise shall refuse to approve the premises as a cold store for the storage of meat products.

(5) Each application for an approval under this regulation shall be made in writing by the occupier of, or a person proposing to occupy, the premises to which the application relates.

(6) The approval authority shall notify the applicant in writing of the decision on an application under this regulation and of the reasons for any refusal to grant approval.

Section 6 Revocation of approvals

(1) Subject to paragraph (3) below and to regulation 7(3) below, the approval authority may revoke an approval granted by it in respect of any premises if it is satisfied—

(a) that there is an obvious failure in respect of the premises to comply with these Regulations;

(b) that there are obstacles to an adequate health inspection of the premises;

(c) that the business carried on at the premises in respect of which the approval was granted is no longer being carried on there; or

(d) that the premises have become exempt under regulation 3.

(2) The approval authority shall give the occupier of the premises notice in writing—

(a) of the authority’s decision to revoke the approval;

(b) of the date on which the revocation is to take effect; and

(c) of the reasons for revocation.

(3) An approval may not be revoked under paragraph (1)(a) or (b) above unless there is in force in relation to the premises—

(a) a prohibition order under section 11 of the Act; or

(b) an emergency prohibition order under section 12,

and in consequence of compliance with the order meat products may no longer be handled or stored at the premises.

(4) In paragraph (2) above “occupier”, in relation to a proposed revocation by virtue of paragraph (1)(c) above, where the premises are vacant, means the last person known to the enforcement authority to have carried on at the premises the business of producing, handling or storing meat products or other products of animal origin or his successor in respect of that business.

Section 7 Right of appeal

(1) Any person who is aggrieved by the refusal or revocation of an approval or by a special hygiene direction may appeal to a magistrates' court or, in Scotland, to the sheriff.

(2) Section 37(3) to (6) of the Act shall have effect in relation to an appeal under this regulation as they have effect in relation to an appeal under that section but with the omission—

(a) of the references to appeals for which provision is made by regulations under section 37(2); and

(b) of subsection (5)(b) and the word “or” immediately preceding it.

(3) A revocation shall not take effect until the time for appealing against it has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.

Section 8 General conditions

No person shall sell for human consumption from approved meat products premises any meat product manufactured in Great Britain unless—

(a) it has been handled and stored in accordance with the appropriate requirements of Schedule 1, 2 and 3;

(b) it has been prepared from raw materials which complied with the requirements of Part III of Schedule 2;

(c) it has been checked in accordance with regulation 13.

Section 9 Wrapping etc.

No person—

(a) shall sell for human consumption from approved meat products premises any meat product manufactured in Great Britain which is intended for consignment to a relevant EEA State; or

(b) shall sell for human consumption any meat product handled or stored in Great Britain after 31st December 1995,

unless it has been wrapped, packaged or labelled at manufacturing premises in accordance with the provisions of Part V of Schedule 2 or at an approved rewrapping centre.

Section 10 Health marking

(1) No person shall sell for human consumption from approved meat products premises any meat product manufactured or rewrapped in Great Britain and intended for consignment to a relevant EEA State unless it carries the British EC health mark.

(2) No person shall consign to a relevant EEA State any meat product which was imported into Great Britain and stored but not rewrapped there unless it carries—

(a) if it was imported from a relevant EEA State, a mark applied in accordance with legislation having effect in that State and corresponding to the provisions of these Regulations relating to the British EC health mark; and

(b) if it was imported from a third country, the health marking required under Directive 72/462/EEC .

(3) No person shall sell for human consumption in Great Britain any meat product manufactured or rewrapped in Great Britain after 31st December 1995 unless it carries—

(a) the British EC health mark; or

(b) the British national health mark.

Section 11 Indication of storage temperature and durability

No person—

(a) shall sell for human consumption from approved meat products premises any packaged meat product which was manufactured in Great Britain after these Regulations come into force and is intended for consignment to a relevant EEA State, and which cannot be stored at an ambient temperature; or

(b) shall sell for human consumption any packaged meat product which was handled or stored in Great Britain after 31st December 1995 and which cannot be stored at an ambient temperature,

unless the packaging carries—

(i) a clear and legible indication of the temperature at which the product should be stored and transported; and

(ii) the appropriate durability indication in accordance with the Food Labelling Regulations.

Section 12 Storage and transportation conditions

(1) No person shall sell for human consumption from approved meat products premises, any meat product manufactured in or imported into Great Britain after these Regulations come into force unless—

(a) it is or has been handled, stored and transported in accordance with Part VII of Schedule 2 and, after 31st December 1995, if it is stored in a cold store separate from the meat products premises from which it is sold, that store has been approved; and

(b) subject to sub-paragraph (c) below, it is accompanied during transportation by a health certificate signed by an authorised officer of the enforcement authority at the time of loading corresponding in form and content to that specified in Schedule 4 where—

(i) it contains meat from a slaughterhouse situated in a region or area subject to prohibition or restriction under the Animal Health Act 1981 ;

(ii) it contains meat bearing a special mark under regulation 14(2)(c) or (d) of the Fresh Meat (Hygiene and Inspection) Regulations 1992 ; or

(iii) it is intended to be sent to a relevant EEA State after transit through a third country, in which case it shall be in a sealed means of transport;

(c) where—

(i) the product does not fall within sub-paragraph (b) above; and

(ii) the exemption specified in paragraph (2) below does not apply,

it is accompanied during transportation by a commercial document which bears the official approval code of the meat products premises of origin.

(2) The exemption mentioned in paragraph (1)(c)(ii) above is an exemption for meat products in hermetically sealed containers and having undergone one of the treatments referred to in paragraph B(a) of Part VIII of Schedule 2.

(3) The enforcement authority may make a reasonable charge for the issue of any health certificate pursuant to paragraph (1)(b) above.

(4) Any person who receives a consignment of meat products together with the commercial document referred to in paragraph (1)(c) above shall keep that document, and make it available for inspection by an authorised officer of the enforcement authority, when requested, for at least one year after receipt; in the case of meat products which cannot be stored at an ambient temperature, the period may be reduced to 6 months after the appropriate durability date of the product.

Section 13 Duties of occupier of establishment

(1) The occupier of an establishment shall take all necessary measures to ensure that, at all stages of production or rewrapping of meat products and other products of animal origin, these Regulations are complied with and shall carry out his own checks to ensure—

(a) that critical points in the establishment relative to the process used are identified and acceptable to the enforcement authority; and

(b) that methods for monitoring and controlling such critical points are established and acceptable to the enforcement authority; and

(c) if samples are taken for the purpose of checking cleaning and disinfection or for the purpose of checking compliance with the standards prescribed in Schedule 1, Part II paragraph A.1, that they are analysed or examined as appropriate in a laboratory acceptable to the enforcement authority; and

(d) that as far as is reasonable and practicable a record in permanent form is kept and made available to an authorised officer of the enforcement authority upon request, and is kept in respect of the matters specified in sub-paragraphs (a) to (c) above for a period of at least two years; in the case of meat products which cannot be stored at an ambient temperature, the period may be reduced to 6 months after the minimum durability date of the product; and

(e) that health marking is controlled and carried out properly; and

(f) hat the enforcement authority is notified immediately when a laboratory examination of samples or any other information at the occupier’s disposal reveals a health risk; and

(g) in the event of an imminent health risk, the withdrawal from the market of the quantity of products obtained under technologically similar conditions and likely to present the same risk; any quantity of the products so withdrawn shall be held under the supervision and control of the enforcement authority until it is destroyed, used for purposes other than human consumption, or, with the agreement of the enforcement authority, reprocessed in a manner appropriate to ensure it is safe for human consumption.

(2) The occupier of an establishment shall ensure that workers at the establishment are given instruction and training with regard to hygiene matters, but the instruction and training given to a worker need only be such as is appropriate to any task undertaken by the worker.

Section 14 Prepared food obtained from raw materials of animal origin

No person shall sell for human consumption any prepared food (other than a meat-based prepared meal) obtained from raw materials of animal origin and manufactured on approved premises unless—

(a) that prepared food has been prepared in accordance with the requirements of Part II of Schedule 1;

(b) that prepared food complies with the requirements of Part IX of Schedule 2; and

(c) the preparation of that prepared food has been checked in accordance with regulation 13.

Section 15 Conditions for premises manufacturing other products of animal origin

No person shall manufacture other products of animal origin unless the premises where the manufacture takes place meet the requirements—

(a) of Schedule 1; and

(b) of Part I of Schedule 5,

and also—

(i) in the case of rendered animal fats, greaves and by-products, the requirements of Part II of Schedule 5; and

(ii) in the case of stomachs, bladders and intestines, the requirements of Part III of that Schedule.

Section 16 Sale of other products of animal origin — meat not to have been declared unfit for human consumption

No person shall sell for human consumption other products of animal origin manufactured in Great Britain unless they have been derived from meat which has not been declared unfit for human consumption.

Section 17 Transportation condition for other products of animal origin

(1) No person shall sell for human consumption other products of animal origin unless they are accompanied during transportation by a commercial document which specifies the premises of origin.

(2) Any person who receives a consignment of other products of animal origin together with the commercial document referred to in paragraph (1) above shall keep that document for at least one year after receipt, and make it available for inspection, when requested, by an authorised officer of the enforcement authority.

Section 18 Use of premises, tools and equipment for the preparation of meat products from meat without an EC health mark

Until the expiry of the derogations provided for in Directive 91/498/EEC the enforcement authority may in writing authorise the use of premises, tools and equipment which are used for the preparation of meat products from or with meat bearing an EC health mark for the preparation of meat products from or with other meat which is fit for human consumption, subject to the condition that the authority is satisfied that sufficient precautions will be taken to avoid misidentification as between products prepared from the former and the latter description of meat.

Section 19 Supervision and enforcement

(1) Subject to paragraph (2) below, a food authority shall be responsible in its area for the supervision of establishments which fall within these Regulations (and shall accordingly be responsible through authorised officers for checks under Part IV of Schedule 2) and shall be responsible also for enforcing and executing these Regulations in relation to any such establishments.

(2) On 1st April 1995 the responsibilities mentioned in paragraph (1) above are transferred to the Minister, so far as they relate to combined premises.

(3) Accordingly, in these Regulations “enforcement authority”, in relation to any premises, means the authority that has those responsibilities by virtue of paragraph (1) or (2) above.

Section 20 Offences and penalties

(1) If—

(a) a person (other than an approval authority or enforcement authority) contravenes any provision of these Regulations; or

(b) the occupier of any establishment fails to take all reasonable steps to secure the compliance by any person employed by him or any person admitted to that establishment with any provision of these Regulations,

he shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding the statutory maximum; or

(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

(2) No prosecution for such an offence shall commence after the expiry of—

(a) three years from the commission of the offence; or

(b) one year from its discovery by the prosecutor,

whichever is the earlier.

Section 21 Application of various sections of Food Safety Act 1990

The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to the Regulations—

section 2 (extended meaning of “sale” etc.);

section 3 (presumption that food is intended for sale for human consumption);

section 20 (offences due to fault of another person);

section 21 (defence of due diligence);

section 33 (obstruction, etc. of officers);

section 36 (offences by bodies corporate);

section 44 (protection of officers acting in good faith).

Section 22 Information to be provided by food authorities

Every food authority shall provide the Minister with such information relating to the execution of its duties under these Regulations as the Minister may from time to time require.

Section 23 Meat products and other products of animal origin from Northern Ireland, the Isle of Man and the Channel Islands

(1) The places to which this regulation applies are Northern Ireland, the Isle of Man or the Channel Islands.

(2) No person—

(a) shall sell for human consumption from approved meat products premises—

(i) any meat product; or

(ii) any other product of animal origin,

which has been handled or stored in a place to which this regulation applies and which is intended for consignment to a relevant EEA State; or

(b) shall sell for human consumption any meat product or other product of animal origin which has been handled or stored in a place to which this regulation applies after 31st December 1995,

unless any handling or storing of that product in that place was in accordance with legislation having effect in that place and corresponding to these Regulations.

(3) No person shall sell for human consumption in Great Britain any meat product which has been handled after 31st December 1995 in a place to which this regulation applies unless it carries the relevant EC health mark or the relevant national health mark.

(4) In this regulation “the relevant EC health mark” and “the relevant national health mark”, in relation to any place to which this regulation applies, mean a mark applied in accordance with legislation having effect in that place and corresponding to the provisions of Part VI of Schedule 2 or paragraph 2 of Part II of Schedule 3 relating to the British EC health mark or (as the case may be) the British national health mark.

Section 24 Amendments

(1) After regulation 4A(b) of the Food Hygiene (Docks, Carriers, etc.) Regulations 1960 , there shall be inserted—

(c) the Meat Products (Hygiene) Regulations 1994.

(2) At the end of sub-paragraph (b)(iv) of the definition of “food business” in regulation 2 of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 there shall be added—

or

(i) to which the Meat Products (Hygiene) Regulations 1994 apply;

(3) At the end of regulation 3(2)(b) of the Food Hygiene (General) Regulations 1970 there shall be added—

(iv) the Meat Products (Hygiene) Regulations 1994;

(4) At the end of regulation 3(2)(e) of the Food Premises (Registration) Regulations 1991 there shall be added “or an approval is required under regulation 4 or 5 of the Meat Products (Hygiene) Regulations 1994;”.

Section 1

working areas of sufficient size for work to be carried out under adequate hygienic conditions; their design and layout shall be such as to preclude contamination of the raw materials and the products referred to in these Regulations;

Section 1 General conditions of hygiene applicable to establishments, equipment and tools

Equipment and instruments used for working on raw materials and products, floors, walls and partitions, ceilings or roof linings, shall be kept in a satisfactory state of cleanliness and repair, so that they do not constitute a source of contamination for raw materials or products. Water, where used for sterilising tools, shall be at a temperature of not less than +82°C; or tools can be disinfected by other means which are acceptable to the enforcement authority.

Section 1 General conditions of hygiene applicable to staff

Proper standards of cleanliness are required of staff at all times. Specifically:

(a) staff shall wear suitable clean working clothes and where necessary headgear which completely encloses the hair;

(b) staff assigned to the handling and preparation of raw materials and products shall be required to wash their hands at least each time work is resumed and/or where contamination has occured; wounds to the hands must be covered by a waterproof dressing;

(c) smoking, spitting, eating and drinking in rooms where raw materials and products are worked on or stored is prohibited.

Section 2

in areas where the raw materials are handled and the products referred to in these Regulations are manufactured:

(a) solid, impermeable flooring which is easy to clean and disinfect and laid in such a way as to facilitate the drainage of the water or provided with equipment to remove water;

(b) walls which have smooth surfaces and are easy to clean, durable and impermeable, covered with a light-coloured, washable coating up to a height of at least two metres, or at least storage height in refrigeration and storage rooms;

(c) ceilings or roof linings which are easy to clean;

(d) doors in non-corrodible materials which are easy to clean;

(e) adequate ventilation and, where necessary, steam and water-vapour extraction facilities;

(f) adequate natural or artificial lighting;

(g) an adequate number of facilities with hot and cold running water, or water pre-mixed to a suitable temperature, for cleaning and disinfecting hands; in work rooms and lavatories at industrial meat products premises taps shall not be operated by hand contact; these facilities shall be provided with cleaning and disinfecting materials and hygienic means of drying hands;

(h) facilities for cleaning, and disinfecting tools, equipment and utensils;

Section 2 General conditions of hygiene applicable to establishments, equipment and tools

No animals may enter the rooms during working hours. Rodents, insects and any other vermin shall be systematically exterminated from storage or processing areas; rodenticides, insecticides, disinfectants and any other potentially toxic substances shall be stored in rooms or cupboards which can be locked; their use shall not present any risk of contamination of the products.

Section 2 General conditions of hygiene applicable to staff

The occupier of meat products premises shall take all the requisite measures to prevent persons liable to contaminate raw materials and products from handling them, until there is evidence that such persons can do so without risk.

When recruited after these Regulations come into force to work in approved premises any person working on or handling raw materials and products shall be required to prove, by a medical certificate, that there is no impediment to such employment.

Section 3

in rooms where the raw materials and the products covered by these Regulations are stored, the conditions as those at paragraph 2 above apply, as appropriate, except that it is sufficient to have—

(a) in chilling and refrigeration rooms, a floor which is laid in such a way as to facilitate the draining of water and is easy to clean and disinfect; and

(b) in freezing and deep-freezing rooms, a floor which is impermeable and rotproof and is easy to clean.

In these cases, a sufficiently powerful refrigeration plant to keep the raw materials and products at any temperature indicated under regulation 11 shall be available.

The use of wooden walls in the rooms referred to in sub-paragraph (b) above does not constitute grounds for refusing or revoking approval provided they were built before 1st January 1983.

The capacity of the store rooms shall be adequate to store the raw materials used and the products referred to in these Regulations;

Section 3 General conditions of hygiene applicable to establishments, equipment and tools

Subject to it being acceptable to the enforcement authority, working areas, instruments and working equipment may be used for work on other foodstuffs fit for human consumption.

Section 4

facilities for hygienic handling and protection of raw materials and non-packaged or wrapped finished products during loading and unloading;

Section 4 General conditions of hygiene applicable to establishments, equipment and tools

Potable water, shall be used for all purposes. Exceptionally, non-potable water may be used for steam production, fire-fighting and the cooling of equipment, provided that the pipes installed for the purpose preclude the use of such water for other purposes and present no risk of contamination of the raw materials and products.

Section 5

appropriate arrangements for protection against pests such as insects, rodents and birds;

Section 5 General conditions of hygiene applicable to establishments, equipment and tools

Detergents, disinfectants and similar substances shall be acceptable to the enforcement authority and used in such a way that they do not have adverse effects on the machinery, equipment, raw materials and products. If appropriate, such instruments and working equipment shall be thoroughly rinsed with potable water. Products for maintenance and cleaning shall be kept in the room or cupboard provided for in paragraph 14 of Part I of this Schedule.

Section 6

instruments and working equipment such as cutting tables, containers, conveyor belts, saws and knives, intended to come into direct contact with raw materials and products are made of corrosion-resistant material and are easy to clean and disinfect;

Section 6 General conditions of hygiene applicable to establishments, equipment and tools

The spreading of sawdust or any other similar substance on the floor of the workrooms and storage rooms for the raw materials and products referred to in these Regulations is prohibited.

Section 7

special watertight, non-corrodible containers, with lids and fasteners to prevent unauthorised persons from removing unfit material from them, in which to put raw materials or products not intended for human consumption, or a lockable room for such purposes if the quantities are large enough to necessitate this or if they are not removed or destroyed at least once daily. Where such raw materials or products are removed through conduits, these shall be constructed and installed so as to avoid any risk of contamination of the other raw materials or products;

Section 8

appropriate facilities for the cleaning and disinfecting of equipment and utensils;

Section 9

a waste water disposal system which meets hygiene requirements;

Section 10

a supply of potable water; the use of non-potable water being restricted to steam production, fire fighting and refrigeration equipment, provided that the pipes installed for this purpose preclude the use of this water for other purposes and present no direct or indirect risk of contamination of the product; non-potable water pipes shall be clearly distinguished from those used for potable water;

Section 11

at industrial meat products premises an appropriate number of changing rooms with smooth, waterproof washable walls and floors, at non-industrial meat products premises an appropriate number of lockers and at both descriptions of premises an appropriate number of wash basins and flush lavatories. The latter must not open directly on to the work rooms. Wash basins shall be equipped for hand-washing and have hygienic means of drying hands; wash-basin taps at industrial meat products premises shall not be operable by hand contact;

Section 12

if the volume of products treated requires frequent or permanent presence of the inspection service, an adequately equipped lockable room for their exclusive use;

Section 13

a room or a secure place for the storage of detergents, disinfectants and similar substances;

Section 14

a room or cupboard for storing cleaning and maintenance material;

Section 15

adequate facilites for cleaning and disinfecting means of transport. However, such facilities are not compulsory if there is a facility for the means of transport to be cleaned and disinfected in installations acceptable to the enforcement authority.

A1

Such premises shall have—

(a) a device for conveying empty cans hygienically to the work room;

(b) equipment enabling cans to be thoroughly cleaned immediately before filling;

(c) equipment for washing containers in potable water hot enough to remove grease after they have been hermetically sealed and before retorting;

(d) a suitable room, area or installation for cooling and drying containers after heat treatment;

(e) facilities for the incubation of samples taken from meat products packed in containers;

(f) adequate facilities for checking whether cans are hermetically sealed and undamaged.

B

The occupier of meat products premises manufacturing meat products in hermetically sealed containers shall also check by sampling that—

(a) either—

(i) a process is applied to meat products intended for storing at ambient temperature which results in an Fo value equal to or exceeding 3.0 unless the equivalent stability has been obtained by the combined use of heat and curing salts; or

(ii) that a heat treatment procedure is applied which is at least equivalent to pasteurisation, the parameters being approved by the enforcement authority;

(b) empty containers meet production standards;

(c) checks on the daily output are carried out at intervals determined in advance, to ensure the efficacy of the sealing. To this end, suitable equipment shall be available for examining perpendicular sections of the seams or torn down seams of the sealed cans;

(d) the necessary checks are carried out to ensure that the containers have undergone an adequate heat treatment, using in particular control markers (where appropriate) to indicate that heat treatment has been applied;

(e) the necessary checks are carried out to ensure that the cooling water contains a residual level of chlorine after use unless the enforcement authority is satisfied that the water fulfils the requirements of Directive 80/778/EEC ;

(f) incubation tests acceptable to the enforcement authority are carried out on preserved meat products in containers which have undergone heat treatment;

(g) pasteurised products in containers satisfy criteria acceptable to the enforcement authority.

C

(1) The enforcement authority may accept the addition of certain substances to the water used in retorts in order to prevent corrosion of cans and to soften and disinfect the water.

(2) The enforcement authority may allow the use of recirculated water for cooling heat-processed containers. Such water shall be purified and have either been treated with chlorine or undergone some other approved treatment.

(3) The recirculated water shall circulate in closed circuit so that it cannot be used for other purposes. However, where there is no risk of contamination, the water used for cooling containers and water from retorts may be used at the end of a working period for cleaning floors.