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2001 No. 1508 (W. 105)
FOOD, WALES
The Foot-and-Mouth Disease (Marking of Meat and Meat Products) (Wales) Regulations 2001
|
Made |
20th April 2001 | |
|
Coming into force |
21st April 2001 | |
The National Assembly for Wales , being designated for the purposes of section 2(2) of the European Communities Act 1972 [1] in relation to the Common Agricultural Policy of the European Community[2], in exercise of the powers conferred on it by that section, and of all other powers enabling it in that behalf, makes the following Regulations:
Title, application and commencement
1
These Regulations may be cited as the Foot-and-Mouth Disease (Marking of Meat and Meat Products) (Wales) Regulations 2001; they apply to Wales and come into force on 21st April 2001.
Amendment to Meat Products (Hygiene) Regulations 1994
2.
- (1) The Meat Products (Hygiene) Regulations 1994 [3] are amended in so far as they apply to Wales in accordance with this regulation.
(2) For regulation 10(3) there is substituted -
"
(3) No person shall sell for human consumption any meat product manufactured or re-wrapped in Great Britain and containing meat from animals of the bovine, ovine, caprine or porcine species or other biungulates originating in Great Britain or processed in Great Britain after the coming into force of the Foot-and-Mouth Disease (Marking of Meat and Meat Products) (Wales) Regulations 2001 unless it carries -
(a) the British EC health mark; or
(b) the circular mark referred to in paragraph 3A of Part VI of Schedule 2 to these Regulations,
in each case applied in accordance with that Part.
(4) No person shall sell for human consumption any meat product manufactured or re-wrapped in Great Britain and not containing meat from animals of the bovine, ovine, caprine or porcine species or other biungulates originating in Great Britain unless it carries -
(a) the British EC health mark; or
(b) the British national health mark,
in each case applied in accordance with that Part.".
(3) The following paragraph is inserted after paragraph 3 of Part VI of Schedule 2 -
"
3A.
- (1) Notwithstanding paragraphs 1 to 3 above, meat products containing meat obtained from animals of the bovine, ovine, caprine or porcine species or other biungulates and marked in accordance with paragraph 9 of Schedule 12 to the Fresh Meat (Hygiene and Inspection) Regulations 1995 shall be marked with a stamp consisting of a circular mark containing -
(a) in the upper part the letters "GB", and
(b) in the lower part the meat product premises code.
(2) Paragraph 3A(1) shall not apply to meat products which have been heat-treated in accordance with Article 3(2) of Commission Decision 2001/172/EC, but if they are dispatched from Great Britain this must be done in accordance with Article 3(4) and (5) of that Decision.
(3) Notwithstanding paragraph 3A(1), until 23rd July 2001, where meat products are not intended for intra-Community trade the health mark shall be -
(a) the health mark in that paragraph, or
(b) that health mark in addition to the British EC health mark.
3B
- (1) Marking meat products containing meat obtained from animals of the bovine, ovine, caprine or porcine species or other biungulates reared slaughtered and processed outside the United kingdom with the British EC health mark does not exempt those products from the requirements of Article 3(3)(b) of Decision 2001/172/EC if they are to be exported.
(2) Marking meat products made from pre-processed meat products which are derived from animals of the bovine, ovine, caprine or porcine species or other biungulates and which originate from outside the United Kingdom with the British EC health mark does not exempt them from the requirements of Article 11, second indent of Decision 2001/172/EC if they are to be exported.".
Amendment to the Fresh Meat (Hygiene and Inspection) Regulations 1995
3.
- (1) The Fresh Meat (Hygiene and Inspection) Regulations 1995[4] are amended in so far as they apply to Wales in accordance with this regulation.
(2) The following paragraph is inserted after paragraph 8 in Schedule 12 -
"
9.
- (1) Notwithstanding the provisions of paragraphs 1 and 8 of this Schedule, fresh meat obtained from animals of the bovine, ovine, caprine and porcine species and other biungulates originating in Great Britain or processed in Great Britain after the coming into force of the Foot-and-Mouth Disease (Marking of Meat and Meat Products) (Wales) Regulations 2001 which would have otherwise have to be marked in accordance with those paragraphs shall instead be marked with a stamp consisting of a circular mark with an outer diameter of 50 mm, with a line thickness of circle of 3 mm and containing -
(a) in the upper part the letters "GB" 7 mm high, and
(b) in the lower part the approval number of the premises 10 mm high.
(2) Notwithstanding paragraph 6 of Schedule 12, E129 Allura Red AC may not be used in a stamp applied under this paragraph.".
(3) In paragraph 8 of Schedule 12 the phrase "or 2" are deleted in each place where it occurs.
(4) The following paragraph is inserted after paragraph 2 of Part I of Schedule 13 -
"
3.
Notwithstanding paragraph (1)(f), until 23rd July 2001, where fresh meat bearing the mark referred to in paragraph 9 of Schedule 12 which is not intended for intra-Community trade is wrapped in commercial portions intended for direct sale to the consumer, the health mark required by that paragraph shall be -
(a) the health mark specified in paragraph 9 of Schedule 12 (except that the dimension requirements need not apply), or
(b) that health mark in addition to the health mark referred to in paragraph 1 of Schedule 12 (except that the dimension requirements need not apply).".
Amendment to the Minced Meat and Meat Preparations (Hygiene) Regulations 1995
4.
- (1) The Minced Meat and Meat Preparations (Hygiene) Regulations 1995[5] are amended in so far as they apply to Wales in accordance with this regulation.
(2) After paragraph(1) of Regulation 7 there shall be inserted -
"
(1A) No person shall consign or sell for consignment to a relevant EEA State for human consumption any minced meat produced in Great Britain after the coming into force of the Foot and Mouth Disease (Marking of Meat and Meat Products) (Wales) Regulations 2001.".
(3) After paragraph (4) of regulation 7 there shall be added -
"
(5) No person shall affix the health mark to any minced meat which does not satisfy the requirement specified in paragraph (1) above or which has been processed in Great Britain after the coming into force of the Foot and Mouth Disease (Marking of Meat and Meat Products) (Wales) Regulations 2001.".
(4) After paragraph (4) of regulation 8 there shall be inserted -
"
(4A) No person shall consign or sell for consignment to a relevant EEA State for human consumption meat preparations containing meat from animals of the bovine, ovine, caprine and porcine species and other biungulates and processed in Great Britain after the coming into force of the Foot and Mouth Disease (Marking of Meat and Meat Products) (Wales) Regulations 2001."
(5) After paragraph (5) of regulation 8 there shall be added -
"
(6) No person shall affix the health mark to any meat preparation which does not satisfy the requirements specified in paragraph (1) above or containing meat from animals of the bovine, ovine, caprine and porcine species and other biungulates and processed in Great Britain after the coming into force of the Foot and Mouth Disease (Marking of Meat and Meat Products) (Wales) Regulations 2001.".
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6]
Signed at 20.00
on 20th April 2001
D. Elis Thomas
Presiding Officer
National Assembly for Wales
EXPLANATORY NOTE
(This Note is not part of the Regulations)
These Regulations implement in relation to Wales Commission Decision 2001/304 on marking and use of certain animal products relating to Decision 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom, (OJ No. L104, 13.4.2001. p. 6). They amend the Meat Products (Hygiene) Regulations 1994, the Fresh Meat (Hygiene and Inspection) Regulations 1995 and the Minced Meat and Meat Preparations (Hygiene) Regulations 1995. They change the system of marking meat from animals of the bovine, ovine, caprine and porcine species by introducing a circular stamp rather than a cross-stamp.
A regulatory appraisal has not been prepared for these Regulations.
Notes:
[1]
1972 c. 68.back
[2]
By virtue of the European Communities (Designation) (No.3) Order 1999 (S.I. 1999/2788).back
[3]
S. I. 1994/3082.back
[4]
S.I. 1995/3189 as amended by S.I. 1995/3189back
[5]
S. I. 1995/3205 as amended by S. I. 2000/656back
[6]
1998 c.38.back
ISBN
0 11 090192 4
|
Prepared
16 May 2001
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URL: http://www.bailii.org/wales/legis/num_reg/2001/20011508e.html