The Carcase Classification and Price Reporting (Wales) Regulations 2018 / Rheoliadau Dosbarthu Carcasau a Hysbysu eu Prisiau (Cymru) 2018

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, revoke and replace the Beef and Pig Carcase Classification (Wales) Regulations 2011 (S.I. 2011/1826 (W. 198)) (“ the 2011 Regulations ”) consequent to the repeal of Commission Regulation (EC) No 1249/2008 (OJ No L 337, 16.12.2008, p. 3).

The Regulations enforce—

— Article 10 of, and Annex IV to, Regulation (EU) No 1308/2013 of the European Parliament and of the Council (OJ No L 347, 20.12.2013, p. 671), which relate to European Union scales for the classification of carcases; and

— Commission Delegated Regulation (EU) No 2017/1182 (OJ No L 171, 4.7.2017, p. 74) (“ the Commission Delegated Regulation ”); and Commission Implementing Regulation (EU) No 2017/1184 (OJ No L 171, 4.7.2017, p. 103) (“ the Commission Implementing Regulation ”) which set out further details regarding the implementation of those scales.

The Regulations relate to the carcases of adult bovine animals (being animals aged eight months or more) and pigs.

Regulation 5 requires notifications to be made to the Welsh Ministers by operators of slaughterhouses which slaughter adult bovine animals or pigs. However, the Regulations do not apply to small-scale bovine operators slaughtering fewer than 150 adult bovine animals per week as an annual average, unless they choose to classify bovine carcases (regulation 6); or to the operators of slaughterhouses at which fewer than 500 clean pigs per week as an annual average are slaughtered (regulation 12).

The Regulations provide for a licensing system for anybody who visually classifies bovine carcases and for the licensing of slaughterhouses using automated grading equipment for classifying such carcases (regulations 8 to 10). Breach of the licensing requirements is an offence (regulation 29).

The classification of pig carcases must be carried out using an authorised grading method and grading techniques operated by qualified personnel (regulation 14). Breach of this requirement is an offence (regulation 30). An operator may, instead of marking a pig carcase, keep a record concerning its classification (regulation 15).

Operators of approved slaughterhouses are required to keep records relating to bovine and pig carcases respectively (regulations 11 and 16 and Schedules 3 and 4).

Part 5 of the Regulations concerns enforcement, and makes provision relating to the powers of authorised officers, enforcement notices, penalty notices and criminal proceedings. Regulations 20(3) and 26 to 32 set out the offences under the Regulations, which are all punishable on summary conviction by a fine, except for offences under regulation 31(2) or (3) (false marks).

In particular, regulations 26 and 27 provide that breach of specified provisions of European Union legislation is an offence, namely European beef provisions set out in Schedule 1 and European pig provisions set out in Schedule 2. The provisions specified in Schedules 1 and 2 include requirements for recording and reporting market prices for bovine and pig carcases respectively.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations as the amendments are technical in nature.