National Rules
Regulation (EC) No 852/2004 and Regulation (EC) No 853/2004 grant exemptions to certain specified activities on the basis that they are regulated by national rules that ensure the achievement of the objectives of the EU Regulations. Ireland has introduced national rules in accordance with the derogations granted under Regulation (EC) No 853/2004 for the following:
- Emergency slaughter outside the slaughterhouse
- Marginal, Localised and Restricted Activity in Butcher Shops
Emergency slaughter outside the slaughterhouse
Abattoirs Act 1988 (Veterinary Examination and Health Mark) (No. 2) Regulations 2009 (S.I. No. 373 of 2009)
Chapter VI of Section I of Annex III to Regulation (EC) No. 853/2004 prohibits the placing on the market of meat from animals having undergone emergency slaughter unless it bears a special health mark which cannot be confused either with the health mark provided for in Regulation (EC) No 854/2004 or with the identification mark provided for in Annex II, Section I to Regulation (EC) No. 853/2004. Such meat may be placed on the market only in the Member State where slaughter takes place and in accordance with national law.
S.I. No. 373 of 2009 permits the placing on the Irish market of meat from animals having undergone emergency slaughter when certain criteria are met. It requires that:
- the carcass of an animal must be slaughtered in accordance with Chapter VI of Section I of Annex III to Regulation (EC) No. 853/2004 and
- is brought to an establishment approved for the slaughter of animals in accordance with the European Communities (Food and Feed Hygiene) Regulations 2009 (S.I. No. 432 of 2009) and
- is, after post mortem inspection provided for in Chapter VI of Section I of Annex III to Regulation (EC) No. 853/2004, declared fit for human consumption,
- the mark specified in the Schedule to the S.I. must be applied to the carcass by, or under the supervision of, the official veterinarian. This mark is in the shape of a diamond where each side is of equal length and it must have the approval number of the establishment to which the mark relates clearly and legibly marked, and the letters IE in the same proportions, as in the model set out in the Schedule.
Food business operators must ensure that meat from animals that have undergone emergency slaughter outside the slaughterhouse may be used for human consumption only if it complies with all the following requirements:
- An otherwise healthy animal must have suffered an accident that prevented its transport to the slaughterhouse for welfare reasons.
- A veterinarian must carry out an ante-mortem inspection of the animal.
- The slaughtered and bled animal must be transported to the slaughterhouse hygienically and without undue delay. Removal of the stomach and intestines, but no other dressing, may take place on the spot, under the supervision of the veterinarian. Any viscera removed must accompany the slaughtered animal to the slaughterhouse and be identified as belonging to that animal.
- If more than two hours elapse between slaughter and arrival at the slaughterhouse, the animal must be refrigerated. Where climatic conditions so permit, active chilling is not necessary.
- A declaration by the food business operator who reared the animal, stating the identity of the animal and indicating any veterinary products or other treatments administered to the animal, dates of administration and withdrawal periods, must accompany the slaughtered animal to the slaughterhouse.
- A declaration issued by the veterinarian recording the favourable outcome of the ante-mortem inspection of the ante-mortem inspection, the date and time of, and reason for, emergency slaughter, and the nature of any treatment administered by the veterinarian to the animal, must accompany the slaughtered animal to the slaughterhouse.
- The slaughtered animal must be fit for human consumption following post-mortem inspection carried out in the slaughterhouse in accordance with Regulation (EC) No 854/2004 , including any additional tests required in the case of emergency slaughter.
- Food business operators must follow any instructions that the official veterinarian may give after post-mortem inspection concerning the use of the meat.
- Food business operators may not place meat from animals on the market unless it bears a special health mark which cannot be confused either with the health mark provided for in Regulation (EC) No 854/2004 or with the identification mark provided for in Annex II, Section I to Regulation (EC) No 853/2004. Such meat may be placed on the market only in the Member State where slaughter takes place and in accordance with national law.
S.I. 373 of 2009 sets out the requirements for meat, meat preparations or meat products derived from an animal which has undergone emergency slaughter. Such foodstuffs must meet the above criteria and must bear the mark set out in the Schedule to the S.I.
Marginal, Localised and Restricted Activity in Butcher Shops
Health (Definition of Marginal, Localised and Restricted Activity) (Butcher Shop) Regulations 2010 (S.I. 340 of 2010).
Article 1(5)(b)(ii) of Regulation (EC) No 853/2004 provides that the requirements of the Regulation do not apply where the supply of food of animal origin from a retail establishment is to other retail establishment and in accordance with national law is a marginal, localised and restricted activity.
The Regulation requires that the derogation is only permitted where a Member State considers that the requirements of Regulation (EC) No 852/2004 are sufficient to achieve food hygiene objectives and when the supply of food of animal origin from a retail establishment to another establishment is a marginal, localised and restricted activity. Such supply should therefore be only a small part of the establishment's business; the establishments supplied should be situated in its immediate vicinity; and the supply should concern only certain types of products or establishments.
S.I. 340 of 2010 which was introduced in July 2010 applies to food business operators supplying food of animal origin from a retail butcher shop, or a butcher shop unit within a retail establishment, to other retail establishments
Regulation (EC) No 852/2004 on the hygiene of foodstuffs applies to all food business operators, including retail butchers, and requires that essential hygiene requirements are met. Regulation (EC) No 853/2004 lays down specific hygiene rules for food of animal origin and applies to all food business operators, including retail butchers, involved in supply of food of animal origin to other food business operators and/or retail outlets. Regulation (EC) No 853/2004 also requires that more rigorous food safety controls, appropriate to wholesale activity are implemented. In practice most ‘retail’ butchers in Ireland have some element of wholesale activity, including the supply to local public houses, nursing homes, restaurants etc.
These Regulations define “marginal, localised and restricted activity” in terms of those activities. Under this S.I. an activity may be regarded as
“marginal” only if either—
a) the food business operator’s total supply of food of animal origin (to all customers including retail establishments) is on average less than 2000kg per week,
or
b) the food business operator’s supply of food of animal origin to other retail establishments represents, on average, no more than 25%, by weight, of the total supply of food of animal origin.
“localised” if the food business operator supplies food of animal origin to other retail establishments only within 100km of the supplying establishment.
“restricted” only if the food business operator does not supply other retail establishments with either—
a) ready-to-eat food of animal origin,
or
b) on average, more than 250kg per week in total of minced meat, meat preparations made from minced meat or meat products made from minced meat, prepared or processed in his or her establishment
These Regulations came into operation on the 1st September 2010.
Last reviewed: 3/9/2010