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:

 

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.

Marginal, Localised and Restricted Activity in Retail Catering Establishments


Health (Definition of Marginal, Localised and Restricted Activity) (Retail Catering Establishments) Regulations 2012 (S.I. 168 of 2012)

These Regulations define “marginal, localised and restricted activity” as referred to in Article 1(5)(b)(ii) of Regulation (EC) No. 853/2004 which lays down specific hygiene rules for food of animal origin, and as referred to in Regulation 2(1) of the European Communities (Hygiene of Foodstuffs) Regulations 2006 as follows:

An activity may be regarded as “marginal, localised and restricted” only if the food business operator’s total supply of food of animal origin (to all customers, including retail establishments) which is produced in his or her establishment is on average—

(a) less than 500kg per week, or
(b) where the retail establishments supplied are under the same ownership as the food business operator, less than 1,000 kg per week,

and the food business operator supplies food of animal origin which is produced in his or her establishment to other retail establishments only within 100km of the supplying establishment.

The S.I. applies to food business operators supplying food of animal origin from a retail catering establishment or retail bakery to other retail establishments. A “retail catering establishment” is defined in the S.I. as meaning any retail establishment involved in catering including hotels, restaurants, bakeries, public houses providing food, healthcare establishments, catering service providers, takeaway food service outlets, shops and central production units in such establishments. 
  

Last reviewed: 8/9/2020

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