S.I. No. 90/1992:

ABATTOIRS (HEALTH MARK) REGULATIONS, 1992.

ABATTOIRS (HEALTH MARK) REGULATIONS, 1992.

I, JOE WALSH, Minister for Agriculture and Food in exercise of the powers conferred on me by sections 40 and 63 (3) of the Abattoirs Act, 1988 (No. 8 of 1988), hereby make the following Regulations:

1. These Regulations may be cited as the Abattoirs (Health Mark) Regulations, 1992.

2. These Regulations shall come into operation on the 1st day of June, 1992.

3. (1) In these Regulations--

"the Act of 1988" means the Abattoirs Act, 1988 (No. 8 of 1988;

"abattoir number" has the meaning assigned to it by Regulation 6;

"the Minister" means the Minister for Agriculture and Food;

"stamping instrument" means an instrument used for the application of a health mark and which complies with the appropriate requirements, including form, set out in the First Schedule to these Regulations.

(2) In these Regulations a reference to a Regulation is a reference to a Regulation of these Regulations unless it is indicated that reference to some other provision is intended, and a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

4. The form, design and materials to be used in a stamping instrument for the application of a health mark shall comply with the requirements set out in the First Schedule to these Regulations.

5. (1) Subject to the provisions of section 41 of the Act of 1988, the health mark shall be applied solely in the manner and on such places on the meat as is set out in the second Schedule to these Regulations.

(2) Where the application of the health mark is permitted by stamping in ink, any such application by use of ink shall be applied by use of--

( a ) methyl violet ink, or

( b ) any other colorants or marking substances which are permitted for use in the health marking of meat in accordance with the provisions of Council Directive No. 64/433/EEC of 26 June 1964*, as amended.

*O.J. No. 121 of 29 July, 1964 (S. Edn, 1963/64, p. 185).

(3) The following persons only may apply the health mark to meat--

( a ) the veterinary inspector who has inspected and passed the meat as fit for human consumption, or

( b ) an officer or servant appointed by the local authority, under the provisions of section 35 (3) of the Act of 1988 to assist such veterinary inspector, where the health mark to such meat is applied under the direct supervision of the veterinary inspector, or

( c ) an occupier or an employee of the abattoir, where the health mark to such meat is applied by the said occupier or employee in the presence and with the consent, and under the direct supervision, of the veterinary inspector who inspected and passed the meat as fit for human consumption.

6. (1) The Minister shall allocate an identification number or numbers and letter or letters in respect of every abattoir, which number or numbers and letter or letters is referred to in these Regulations as "the abattoir number".

(2) Every local authority shall allocate a fixed number of stamping instruments in respect of each abattoir situated in its functional area and each stamp shall have the appropriate abattoir number.

(3) Every local authority shall issue the appropriate stamping instruments to the veterinary inspector responsible for the inspection and stamping of meat at the abattoir to which the stamping instruments relate.

(4) A record shall be maintained by each local authority of--

( a ) the abattoir number of each abattoir situated in its functional area,

( b ) the number and type of each stamping instrument issued for each such abattoir,

( c ) the name of the veterinary inspector to whom each stamp, is issued and the date of issue.

(5) Each stamping instrument shall remain the property of the issuing local authority and shall be surrendered on request to a duly authorised officer of such authority.

7. Stamping instruments for use at any abattoir shall be kept in the custody, possession and control of the veterinary inspector allocated for that abattoir under section 36 of the Act of 1988 and who is responsible for the inspection and stamping of meat with the health mark at that abattoir.

Provided that when a stamping instrument is not in use, it shall be kept by the veterinary inspector in a lockable room, lockable cabinet or other suitable lockable facilities, to which only he shall have access.

8. (1) Where meat is cut up and packaged at an abattoir for the purposes of consigning for wholesale supply, such packaged meat shall be clearly identified or labelled by or under the direction of the occupier of the abattoir in a clearly visible and legible manner in letters and numbers at least 0.2 cm high.

(2) Pre-printed labels shall be made available by the owner or occupier of the abattoir for the purposes of paragraph (1).

(3) Subject to paragraph (4) (b), where a label is provided for the purposes of paragraph (1) it shall be so affixed to the packaging in such a way that it has to be destroyed when the packaging is opened.

(4) ( a ) Where meat is vacuum wrapped but not packaged in any other way, the vacuum wrapping material shall be deemed to be the packaging material for the purposes of these Regulations and shall bear at least the abattoir identification number.

( b ) when the vacuum wrapped material referred to in this paragraph is printed with the information referred to in paragraph (1), paragraph (3) shall not apply.

9. (1) Both the type and use of labels as provided for under Regulation 8 shall be such as to meet with the approval of the veterinary inspector responsible for the local authority veterinary service in whose area the abattoir is situated.

(2) Any direction which a veterinary inspector appointed by a local authority may give, in respect of an abattoir in the area of the authority, for the purposes of ensuring compliance with these Regulations regarding either the dimensions of such labels, including the information contained thereon, or their use or application to packaging shall be complied with by the occupier of the abattoir.

10. No person may use or possess or store for use--

( a ) any labels provided for under Regulation 9 (1), or

( b ) any vacuum wrapping material to which Regulation 9 (4) (b) relates,

other than the occupier of the abattoir to whose premises such labels or vacuum wrapping material relates:

Provided that this Regulation shall not be construed so as to prevent the occupier from causing such labels or vacuum wrapping material to be manufactured.

FIRST SCHEDULE.

FORM, DESIGN AND MATERIALS TO BE USED IN A STAMPING INSTRUMENT FOR THE APPLICATION OF A HEALTH MARK

1. The stamping instrument (including hot branding instruments) shall be of such suitable design, construction and material that--

( a ) when its stamping surface is applied to meat, a clear, visible and legible impression, as prescribed by these Regulations, is produced on such meat with all of the stamp's characters easily distinguishable, and

( b ) it can be easily cleaned and disinfected, and

( c ) no substance is imparted to meat which may be harmful to public health or which may affect or contaminate meat.

2. The form and design of the stamping instrument which shall be adopted by a local authority for use in the application of a health mark to meat derived from bovines, sheep, pigs and goats and which has been passed as fit for human consumption, shall conform and comply in all respects (including dimensions) with the following requirements:

( a ) the mark shall be of the pattern as illustrated hereunder:

( b ) specifications:

-- isometric triangle with 7cm. sides,

-- 2cm. margin at top of triangle shall contain the word "approved",

-- the lower portion shall contain the appropriate abattoir number, as allocated by the Minister for Agriculture and Food.

-- all figures and letters used shall be at least 0.8 cm. high.

3. The form and design of the stamping instrument which shall be adopted by a local authority for use in the application of a health mark to meat derived from horses and other equine animals and which has been passed as fit for human consumption, shall conform and comply in all respects (including dimensions) with the following requirements:

( a ) the mark shall be of the pattern as illustrated hereunder:

( b ) specifications:

-- a square with 6 cm. sides,

-- a 1 cm. margin at the top shall contain the word "APPROVED" and a 1 cm margin at the bottom shall contain the word "HORSEFLESH",

-- a 4 cm. margin in between shall contain the appropriate abattoir number as allocated by the Minister for Agriculture and Food.

-- all figures and letters used shall be at least 0.8 cm. high.

SECOND SCHEDULE.

THE MANNER IN WHICH THE HEALTH MARK IS TO BE APPLIED TO MEAT AND THE PLACES ON SUCH MEAT WHERE THE HEALTH MARK IS TO BE APPLIED

1. (1) Carcasses of all species shall be stamped in ink or hot branded with the health mark.

(2) The livers of bovines and pigs shall be hot branded with the health mark.

(3) The hearts and tongues in the case of bovines and the hearts in the case of sheep shall be stamped in ink or hot branded with the health mark. The health mark shall be applied to carcasses in the following manner:

Bovines and Horses: Carcasses shall be marked with the health mark, as appropriate, on each half carcass--

( a ) on the external surface of hindquarter thighs, and

( b ) on the loin of the back, and

( c ) on the external surface of the shoulder,

as illustrated by the following diagrams:

Sheep, Pigs and Goats: Carcasses shall be marked with the health mark on each half carcass--

( a ) on the external surface of the thighs, and

( b ) on the external surface of the shoulders,

as illustrated by the following diagrams:

GIVEN under my Official Seal this 14th day of April, 1992.

JOE WALSH,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

These Regulations provide for the application of the health mark by a veterinary inspector on meat which he has passed as fit for human consumption and for the custody and control of the stamping instrument. They also prescribe the type of health mark to be used and the manner and place where it is to be applied to carcasses.