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Poultry-Meat Regulations, 2004

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Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

B

L.N. 258 of 2004

VETERINARY SERVICES ACT

(ACT NO. XXIII of 2001)

Health Problems affecting the Production and Placing on the Market of Fresh

Poultry-Meat Regulations, 2004

IN exercise of the powers conferred by article 10 of the Veterinary Services Act,

2001, the Minister for Rural Affairs and the Environment has made the following

regulations:-

CHAPTER I

General provisions

Title and Scope

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(1) The title of these regulations is the Health Problems affecting the

Production and Placing on the Market of Fresh Poultry-Meat Regulations, 2004.

(2) The scope of these regulations is to implement the rules laid down under

European Union Council Directive 71/118/EEC regarding health rules for the

production and placing on the market of fresh poultry-meat. These regulations shall

not apply to the cutting and storage of fresh poultry-meat in retail shops or in

premises adjacent to sales points, where the cutting and storage are performed solely

for the purpose of supplying the consumer directly, where such operations continue to

be subject to the public health checks provided for in rules governing retailing.

Definitions

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

CHAPTER I

GENERAL CONDITIONS FOR THE APPROVAL OF ESTABLISHMENTS

Establishments must have at least -

1. In rooms where fresh meat is produced, worked on or stored and in areas and corridors through

which fresh meat is transported -

(a) waterproof flooring which is easy to clean and disinfect, rot-proof and laid in such a way

as to facilitate the draining of water; the water must be channelled towards drains fitted with

gratings and traps to prevent odours. However -

- in the case of rooms referred to in point 14 (e) of Chapter II, point 15 (a) of Chapter

III and point 16 (a) and Chapter IV, channelling of water towards drains fitted with

gratings and traps is not required and, in the case of premises referred to in point 16

(a), a device with which water may easily be removed is sufficient,

- in the case of rooms referred to in point 17 (a) of Chapter IV which store only

wrapped or packaged meat and in areas and corridors through which fresh meat is

transported, waterproof and rot-proof flooring is sufficient;

(b) smooth, durable, impermeable walls, with a light-coloured, washable coating up to a

height of at least two meters; in chilling or refrigeration rooms and in stores the walls must be

coated at least to storage height.

Wall to floor junctions must be rounded or similarly finished except in the rooms referred to

in point 17 (a) of Chapter IV.

(c) door and window frames in hard-wearing, non-corrodible material and, if of wood, with a

smooth and impermeable covering on all surfaces;

(d) insulation materials which are rot-proof and odourless;

(e) adequate ventilation and good extraction of steam;

(f) adequate natural or artificial lighting which does not distort colours;

(g) a clean and easily cleaned ceiling; failing that, a roof covering with an interior surface

which fulfils these conditions;

2. (a) As near as possible to the work stations, a sufficient number of facilities for cleaning and

disinfecting hands and for cleaning tools with hot water. Taps must not be hand-operable or

arm-operable. For washing hands, these facilities must have hot and cold running water or

water premixed to a suitable temperature, cleaning and disinfecting products and hygienic

means of drying hands;

(b) Facilities for disinfecting tools, with water supplied at not less than 82°C;

3. Appropriate arrangements for protection against pests such as insects and rodents;

4. (a) Instruments and working equipment such as automatic equipment for working on meat,

cutting tables, tables with detachable cutting surfaces, containers, conveyor belts and saws,

made of corrosion resistant material not liable to taint meat and easy to clean and disinfect.

Surfaces coming into, or capable of coming into contact with meat, including welds and joins,

must be maintained smooth. The use of wood is forbidden except in rooms where the only

fresh meat stored is hygienically packaged fresh poultry-meat;

(b) Corrosion-resistant fittings and equipment meeting hygiene requirements for -

B

- meat handling,

- storing meat containers, in such a way that neither the meat nor the containers come

into direct contact with the floor or walls;

(c) Facilities, including suitably laid out and equipped reception and marshalling areas, for the

hygienic handling and protection of meat during loading and unloading;

(d) Special watertight non-corrodible containers, with lids and fasteners to prevent

unauthorised persons from removing things from them, for keeping meat not intended for

human consumption, or a lockable room for such meat if the quantities are large enough to

necessitate this or if the meat is not removed or destroyed at the end of each working day;

where such meat is removed through conduits, these must be so constructed and installed as to

avoid any risk of contamination of the fresh poultry-meat;

(e) Rooms for the hygienic storage of materials for wrapping and packaging where such

activities are carried out in the establishment;

5. Refrigeration equipment to keep the internal temperature of the meat at the levels required by these

regulations. This equipment must include a system for draining off water of condensation without any

possibility of contamination of the fresh poultry-meat;

6. An adequate pressurised supply of potable water within the meaning of European Community rules.

Non-potable water pipes must be clearly distinguished from those used for potable water;

7. An adequate supply of hot potable water within the meaning of European Community rules;

8. A liquid and solid waste disposal system which meets hygiene requirements;

9. An adequately equipped lockable room for the exclusive use of the veterinary service, or suitable

facilities in the case of stores referred to in Chapter IV and of re-wrapping centres;

10. Facilities enabling the veterinary inspections provided for in these regulations to be carried out

efficiently at any time;

11. An adequate number of changing rooms with smooth, waterproof, washable walls and floors, wash

basins, showers and flush lavatories so equipped as to protect the clean parts of the building from

contamination. Lavatories must not open directly on to the workrooms. Showers are unnecessary in

cold stores receiving and shipping hygienically wrapped fresh meat only. Wash basins must have hot

and cold running water or water premixed to a suitable temperature, materials for cleaning and

disinfecting hands and hygienic means of drying hands. Wash basin taps must not be hand-operable or

arm-operable. There must be a sufficient number of such wash basins near the lavatories;

12. A place and adequate facilities for cleaning and disinfecting means of transport for meat except in

the case of cold stores receiving and shipping hygienically packed fresh meat only. Slaughterhouses

must have a separate place and separate facilities for cleaning and disinfecting means of transport and

crates used for poultry for slaughter. However, these places and facilities are not compulsory if

provisions exist requiring that means of transport or crates be cleaned and disinfected at officially

authorised facilities;

13. A room or secure place for the storage of detergents, disinfectants and similar substances.

CHAPTER II

SPECIAL CONDITIONS FOR THE APPROVAL OF POULTRY SLAUGHTERHOUSES

14. In addition to the general requirements, slaughterhouses must have at least -

(a) a room or covered space which is sufficiently large and easy to clean and disinfect for the

pre-slaughter inspection provided for in the second paragraph of point 28 of Chapter VI and to

accommodate the birds referred to in regulation 2(1) of these regulations;

(b) a slaughter room large enough for stunning and bleeding on the one hand, and plucking

and any scalding on the other, to be carried out in separate places. Any communication

between the slaughter room and the room or space referred to in (a) other than the narrow

opening through which only slaughter poultry may pass must have an automatically closing

door;

(c) an evisceration and preparation room which is large enough for evisceration to be carried

out in a place sufficiently far from the other work stations, or separated from them by a

partition, so as to prevent contamination. Any communication between the evisceration and

preparation room and the slaughter room other than the narrow opening through which only

slaughter poultry may pass must have an automatically closing door;

(d) if necessary, a dispatching room;

(e) one or more sufficiently large chilling or refrigerating rooms, with a lockable facility, for

fresh poultry-meat which has been detained;

(f) a room or space for collecting feathers unless these are treated as waste;

(g) separate wash basins and lavatories for staff handling live birds.

CHAPTER III

SPECIAL CONDITIONS FOR THE APPROVAL OF CUTTING PLANTS

15. In addition to the general requirements, cutting plants must have at least -

(a) chilling or refrigerating rooms large enough for meat preservation;

(b)

- a room for cutting, boning and wrapping,

- in so far as this operation is carried out in the cutting plant -

(i) a room for the evisceration of geese and ducks reared for the production

of foie gras, which have been stunned, bled and plucked on the fattening

farm;

(ii) a room for the evisceration of poultry referred to in point 49 of Chapter

VIII;

(c) a room for packaging, where such operations are carried out in the cutting plant, unless the

conditions provided for in point 74 of Chapter XIV are fulfilled.

CHAPTER IV

SPECIAL CONDITIONS FOR THE APPROVAL OF COLD STORES

16. In addition to the general requirements, stores in which fresh meat is stored in accordance with the

first indent of point 69 of Chapter XIII must have at least -

(a) sufficiently large chilling and refrigerating rooms, which are easy to clean and in which

fresh meat can be stored at the temperature provided for in the first indent of point 69;

(b) a recording thermometer or recording tele-thermometer in or for each storage area.

17. In addition to the general requirements, stores in which fresh poultry-meat is stored in accordance

with the second indent of point 69 of Chapter XIII must have at least -

B

(a) sufficiently large chilling and refrigerating rooms which are easy to clean and in which

fresh poultry-meat can be stored at the temperature provided for in the second indent of point

69;

(b) a recording thermometer or recording tele-thermometer in or for each storage area.

CHAPTER V

HYGIENE OF STAFF, PREMISES AND EQUIPMENT IN THE ESTABLISHMENTS

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

For the purposes of these regulations, the definitions given in article 2 (l) to

(n) and (q) to (s) of European Union Council Directive 77/99/EEC shall apply. In

addition the following definitions shall also apply -

(1) “poultry-meat” means all parts fit for human consumption from domestic

birds of the following species: domestic fowl, turkeys, guinea fowl, ducks and geese;

(2) “fresh poultry-meat” means poultry-meat, including meat which is vacuum

wrapped or wrapped in a controlled atmosphere, which has not undergone any

preserving process other than chilling or freezing;

(3) “carcass” means the whole body of a bird referred to in item (1) above,

after bleeding, plucking and evisceration; however, removal of the heart, liver, lungs,

gizzard, crop and kidneys, sectioning of the legs at the tarsus and removal of the head,

oesophagus or trachea shall be optional;

(4) “carcass parts” means parts of a carcass as defined in item (3);

(5) “offal” means fresh poultry-meat other than that of the carcass as defined

in item (3), even if it remains naturally connected to the carcass, as well as the head

and feet where these are presented separately from the carcass;

(6) “viscera” means offal from the thoracic, abdominal and pelvic cavities, and

also, where appropriate, the trachea, oesophagus and crop;

(7) “official veterinarian” means the veterinarian designated by the Veterinary

Services of the republic of Malta or by the competent central authority of a Member

(8) “auxiliary” means a person officially designated by the Veterinary Services

pursuant to regulation 8 (2) to assist the official veterinarian;

(9) “pre-slaughter health inspection” means inspection of live poultry carried

out in accordance with Chapter VI of Schedule I;

(10) “post mortem health inspection” means inspection of the slaughtered

poultry, after slaughter, in a slaughterhouse, carried out in accordance with Chapter

VIII of Schedule I;

(11) “means of transport” means the freight carrying parts of motor vehicles,

rail vehicles and aircraft and the holds of ships or containers for transport by land, sea

or air;

(12) “establishment” means an approved slaughterhouse, an approved cutting

plant, an approved cold store, an approved re-wrapping centre or a unit grouping

together several such establishments.

(13) “Trading Partner” as found under article 2 of the Veterinary Services Act

shall mean –

(a) Member States of the European Community;

(b) Third Countries to the European Community.

(14) “Treaty” means the Treaty establishing the European Economic

Community.

CHAPTER II

Rules applicable to European Community production

Conditions for fresh poultry-meat

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

CHAPTER I

GENERAL CONDITIONS FOR APPROVAL OF LOW CAPACITY ESTABLISHMENTS

Low capacity establishments must have at least -

1. In rooms where fresh meat is produced and worked on -

(a) waterproof flooring which is easy to clean and disinfect, rot-proof and laid in such a way

as to facilitate the draining of water; the water must be channelled towards drains fitted with

gratings and traps to prevent odours;

(b) smooth, durable, impermeable walls, with a light-coloured, washable coating up to a

height of at least two meters;

(c) doors in easily cleanable, rot-proof and odourless material. Where meat is stored in the

establishment concerned, that establishment must have storage premises which satisfy the

aforementioned requirements;

(d) insulation materials which are rot-proof and odourless;

(e) adequate ventilation and if necessary good extraction of steam;

(f) adequate natural or artificial lighting which does not distort colours;

2. (a) As near as possible to the work stations, a sufficient number of facilities for cleaning and

disinfecting hands and for cleaning tools with hot water. For washing hands, these facilities

must have hot and cold running water or water premixed to a suitable temperature, cleaning

and disinfecting products and hygienic means of drying hands;

(b) facilities on the spot or in an adjacent room for disinfecting tools, with hot water supplied

at not less than 82°C;

3. Appropriate arrangements for protection against pests such as insects and rodents;

4. (a) Instruments and working equipment such as cutting tables, tables with detachable cutting

surfaces, containers, conveyor belts and saws, made of corrosion-resistant material, not liable

to taint meat and easy to clean and disinfect. The use of wood is forbidden;

(b) corrosion-resistant fittings and equipment meeting hygiene requirements for -

- meat handling,

- storing meat containers, in such a way that neither the meat nor the containers come

into direct contact with the floor or walls;

(c) special watertight non-corrodible containers, with lids and fasteners to prevent

unauthorised persons from removing things from them, for keeping meat not intended for

human consumption; such meat must be removed or destroyed at the end of each working day;

5. Refrigeration equipment to keep the internal temperature of the meat at the levels required by these

regulations. This equipment must include a drainage system linked to the wastewater pipes which

presents no risk of contamination of the meat;

6. An adequate pressurised supply of potable water within the meaning of European Community rules.

However, a non-potable water supply is authorised in exceptional cases for steam production, fire

fighting and the cooling of refrigeration equipment, provided that the pipes installed for this purpose

preclude the use of this water for other purposes and present no risk of contamination of fresh meat.

Non-potable water pipes must be clearly distinguished from those used for potable water;

B

7. An adequate supply of hot potable water within the meaning of European Community rules;

8. A system for the hygienic disposal of waste water;

9. At least one wash basin and flush lavatories. The latter must not open directly onto the work rooms.

The wash basin must have hot and cold running water or water premixed to a suitable temperature,

hygienic materials for cleaning and disinfecting the hands and hygienic means of drying hands. The

wash basin must be near the lavatories.

CHAPTER II

SPECIAL CONDITIONS FOR THE APPROVAL OF LOW CAPACITY

SLAUGHTERHOUSES

10. In addition to the general requirements, low-capacity slaughterhouses must have at least -

(a) a slaughter room large enough for stunning and bleeding on the one hand, and plucking

and any scalding on the other, to be carried out in separate places;

(b) in the slaughter room, walls washable up to a height of at least two meters or up to the

ceiling;

(c) an evisceration and preparation room which is large enough for evisceration to be carried

out in a place sufficiently far from other work stations, or separated from them by a partition,

so as to prevent contamination;

(d) a refrigerating room of sufficient capacity in relation to the size and type of animals

slaughtered, with in any case a separate lockable section of a minimum size reserved for

observing the carcasses undergoing analysis.

Derogation from these requirements may be granted by the Veterinary Services on a case-by-

case basis where meat is removed immediately from such slaughterhouses for delivery to

cutting plants or butcher shops in the immediate vicinity of the slaughterhouse, provided that

transportation takes not more than one hour.

11. Animals brought into the slaughter room must be immediately slaughtered after stunning, save in

the case of slaughter according to religious rite.

12. Sick or suspect animals must not be slaughtered in the establishment concerned except where a

derogation is granted by the Veterinary Services.

Where a derogation is granted, slaughter must be performed under the supervision of the Veterinary

Services and steps taken to prevent contamination; the premises must be specially cleaned and

disinfected under official supervision before being used again.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(1) Fresh poultry-meat must meet the following conditions -

Carcasses and offal must -

B

(a) come from an animal inspected before slaughter in accordance with

Chapter VI of Schedule I and considered, following such inspection, suitable

for slaughter for the placing on the market of fresh poultry-meat;

(b) have been obtained from an approved slaughterhouse subject to own-

checks in accordance with regulation 6 (2) and to checks by the Veterinary

Services in accordance with regulation 8;

(c) have been treated under satisfactory hygiene conditions in accordance with

Chapter VII of Schedule I;

(d) have been inspected post mortem in accordance with Chapter VIII of

Schedule I and not have been found unfit for human consumption in

accordance with Chapter IX of Schedule I;

(e) be given a health marking conforming to the requirements of Chapter XII

of Schedule I, on the understanding that such marking is not necessary for

carcasses that are to be cut in the same establishment;

(f) after post mortem inspection have been handled in accordance with point

46 of Chapter VII of Schedule I and stored in accordance with Chapter XIII of

Schedule I under satisfactory hygiene conditions;

(g) have been suitably packaged in accordance with Chapter XIV of Schedule

I; where a protective covering is used, it must satisfy the requirements of that

Chapter. Where appropriate, a decision may be taken to supplement the

provisions of this Chapter in accordance with the procedure laid down in

article 10 of the Veterinary Services Act and taking due account of the

relevant European Union Commission Decision or, in absence of a

Commission Decision and if necessary, according to the general rules of the

Treaty, to take account, in particular, of various forms of presentation used in

the trade, provided such forms comply with the rules of hygiene;

(h) have been transported in accordance with Chapter XV of Schedule I;

(i) be accompanied during their transport by -

- either a commercial document. This document must -

(i) in addition to the particulars provided for in point 66 of

Chapter XII of Schedule I, bear code numbers by which the

competent authority responsible for supervising the

establishment of origin can be identified as well as the official

veterinarian responsible for the health inspection on the day the

meat was produced,

(ii) be kept by the consignee for at least one year so that it can

be produced at the request of the Veterinary Services,

- or a health certificate shown in Schedule VI in the case of fresh

poultry-meat referred to in regulation 2 from a slaughterhouse situated

in a region or area restricted on health grounds, or in the case of fresh

poultry-meat to be sent to a Member State after transit through a third

country in a sealed means of transport.

- for meat intended for Finland and Sweden, bear one of the markings

provided for in Schedule VI, part IV, under paragraph (e).

Detailed rules for applying this point, and in particular those concerning the allocation

of code numbers and the compliance of one or more lists identifying competent

authorities, shall be adopted in accordance with the procedure laid down in article 10

Veterinary Services Act and taking due account of the relevant European Union

Commission Decision or, in absence of a Commission Decision and if necessary,

according to the general rules of the Treaty.

(2) Parts of carcasses or boned meat must –

(a) have been cut and, or boned in cutting plants approved and supervised in

accordance with regulation 6;

(b) have been cut and obtained in accordance with the requirements of Chapter

VII of Schedule I and come from -

- animals slaughtered in the territory of Malta or in a Member State

and complying with the requirements set out in sub-regulation (1) of

this regulation;

- carcasses of fowl imported from third countries in accordance with

Chapter III of Schedule I and having undergone the checks provided

for in European Union Council Directive 97/78/EC;

(c) have been subject to the check provided for in regulation 8 (1) (b) (ii);

(d) satisfy the requirement of sub-regulation (1) (c), (h) and (i) of this

regulation;

(e) have been wrapped, packaged or labelled in accordance with sub-

regulation (1) (e) and (g) of this regulation on the spot or in re-wrapping

centres specially approved by the Veterinary Services for that purpose;

(f) have been stored under satisfactory hygiene conditions and in accordance

with Chapter XIII of Schedule I.

When cutting plants use fresh meat other than poultry-meat, such meat must conform

to the relevant standards of European Union Council Directives 64/433/EEC,

91/495/EEC and 92/45/EEC.

(3) Fresh meat which has been stored in accordance with these regulations in a

cold store approved by Veterinary Services and which has not thereafter undergone

B

any handling, except in connection with storage, must meet the requirements of sub-

regulations (1) (c), (e), (g) and (h) and (2) of this regulation or be fresh poultry-meat

imported from third countries in accordance with Chapter III and be checked in

accordance with the Veterinary Services Act, 2001.

(4) According to the procedure laid down in article 10 Veterinary Services Act

it may be derogated from the requirements of sub-regulation (1) where farmers with

an annual production of under 10 000 birds of the types referred to in sub-regulation

(1) of article 2 supply fresh poultry-meat coming from their holdings in small

quantities -

(a) either directly to the final consumer at the holding or at the weekly markets

nearest to their holdings,

(b) or to retailers with a view to direct sale to the final consumer, provided that

such retailers pursue their activities in the same locality as that of the producer

or in a neighbouring locality.

Under the same procedure it may be specified the extent to which, in derogation from

sub-regulation (2), the above transaction may also cover cuts. This exception shall not

apply in respect of itinerant sale, sale by mail order or, as regards the retailer, sale at a

market.

The above transactions shall be subject to public health checks to be decided

according to the procedure laid down in article 10 of the Veterinary Services Act,

2001. (5) In addition, without prejudice to European Community animal health

requirements, sub-regulation (1) shall not apply to -

(a) fresh poultry-meat intended for uses other than human consumption;

(b) fresh poultry-meat intended for exhibition, special studies or analysis,

provided that official control makes it possible to ensure that the meat is not

used for human consumption and that, when the special studies or analysis

have been carried out, the meat, with the exception of that used for the

purposes of analysis, is destroyed;

(c) fresh poultry-meat intended exclusively as supplies for international

organisations.

Further conditions for fresh poultry meat

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

PROFESSIONAL QUALIFICATIONS OF AUXILIARIES

1. Only candidates who prove that they have -

(a) followed a theoretical course, including laboratory demonstrations, authorised by the

Veterinary Services on the subjects referred to in point 3 (a) ;

(b) received practical training under the supervision of an official veterinarian shall be eligible

for the test referred to in the second subparagraph of regulation 8 (2) of these regulations. The

practical training shall take place in slaughterhouses, cutting plants, cold stores and inspection

posts for fresh meat or, for the pre-slaughter inspection, in a holding.

2. However, auxiliaries fulfilling the requirements of Annex III to European Union Council Directive

64/433/EEC may follow a training course where the theoretical part is reduced to four weeks.

3. The test referred to in the second subparagraph of regulation 8 (2) of these regulations shall consist

of a theoretical part and a practical part and shall cover the following subjects -

(a) for the inspection of holdings -

(i) theoretical part -

- familiarity with the poultry industry - organisation, economic significance,

production methods, international trade, etc.,

- anatomy and pathology of poultry,

- basic knowledge of diseases viruses, bacteria, parasites, etc.,

- monitoring for disease and use of medicinal products, vaccines and residue

testing,

- hygiene and health inspection,

- welfare on the farm, during transport and at the slaughterhouse,

- environmental controls in buildings, on farms and in general,

- national and international rules,

- consumer attitudes and quality control;

(ii) practical part -

- visits to farms of different types and different methods of rearing,

- visits to production establishments,

- loading and unloading of means of transport,

- visits to laboratories,

- veterinary checks,

- documentation,

- practical experience;

B

(b) for inspection at slaughterhouses -

(i) theoretical part -

- basic knowledge of anatomy and physiology of slaughtered animals,

- basic knowledge of pathology of slaughtered animals,

- basic knowledge of pathological anatomy of slaughtered animals,

- basic knowledge of hygiene and in particular industrial hygiene, slaughter,

cutting and storage hygiene and hygiene of work,

- knowledge of methods and procedure for the slaughter, inspection,

preparation, wrapping, packaging and transport of fresh meat,

- knowledge of the laws, regulations and administrative provisions relating

to the carrying out of their work,

- sampling procedures;

(ii) practical part -

- inspection and assessment of slaughtered animals,

- determination of animal species through examination of typical parts of the

animal,

- determination of a number of parts of slaughtered animals in which

changes have occurred, and comments thereon,

- post mortem inspection in a slaughterhouse,

- hygiene control,

- sampling.

B

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(1) In addition to the requirements of regulation 3 (1) and without prejudice

to European Community rules on the examination of animals and fresh meat for the

presence of residues, fresh poultry-meat or poultry is subjected -

(a) to tests for residues where the official veterinarian suspects their presence

on the basis of the findings of the pre-slaughter inspections or any other

information;

B

(b) to the sampling provided for in Annex IV (I) of European Union Council

Directive 92/117/EEC.

The tests provided for at (a) must be carried out to test for residues of substances

having a pharmacological action and their derivatives, compliance with withdrawal

periods, and for other substances transmissible to poultry-meat which are likely to

render the consumption of fresh poultry-meat dangerous or harmful to human health.

The testing referred to in the previous subparagraph must be carried out in accordance

with proven methods which are scientifically recognised, in particular those laid down

at European Community or international level.

It must be possible to evaluate the results of the examinations using reference

methods established in accordance with the procedure referred to in sub-regulation

(3). If the results are positive, the official veterinarian shall take appropriate measures

to take account of the risk incurred, and in particular to -

(a) steps up checks on the poultry raised or any quantity of meat obtained in

technologically similar conditions and likely to present the same risk,

(b) step up checks on other flocks on the holding of origin and, should the

problem recur, take appropriate measures regarding the holding of origin,

(c) if there is ambient contamination, take measures regarding the production

chain.

(2) The tolerances for the substances referred to in sub-regulation (1), other

than those referred to in European Union Council Directive 96/23/EEC, shall be those

established in European Community legislation according to the establishment of

maximum residue limits of veterinary medicinal products in foodstuffs of animal

origin laid down in the legislation provided for in European Union Regulation (EEC)

No. 2377/90.

(3) The reference methods shall be established according to the provisions laid

down in the relevant European Community legislation.

Restriction for the placing on the market of fresh poultry meat

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

MODEL

HEALTH ATTESTATION ( 1 )

FOR POULTRY TRANSPORTED FROM THE HOLDING TO THE SLAUGHTERHOUSE

No ( 2 )………………………………………

Competent service:…………………………………………………………………………

I. Identification of animals

Animal species: ……………………………………………………………………………

Number of animals: ………………………………………………………………………..

Identification mark: ………………………………………………………………………..

II. Origin of animals

Address of holding of origin: ………………………………………………………………

………………………………………………………………………………………………

III. Destination of animals

The animals will be transported to the following slaughterhouse -

………………………………………………………………………………………………

by the following means of transport: ………………………………………………………

IV. Attestation

I, the undersigned, official veterinarian, attest that the animals described above were examined before

slaughter on the above mentioned holding at ………………(time) on ………………(date) and found

to healthy.

……………………………………………….

……………………………………..

(Place)

(Date)

…………………………………………………………………………………………….

(Signature of official veterinarian)

( 1 ) This certificate is valid for 72 hours.

( 2 ) Optional.

B

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(1) Without prejudice to European Union Council Directives 91/494/EEC,

and 96/23/EC or to the restrictions imposed by European Union Council Directive

92/117/EEC, poultry-meat cannot be placed on the market for the purposes of human

consumption where -

(a) it originates from poultry affected by the disease referred to in European

Union Council Directive 91/494/EEC;

(b) it shows traces of residues in quantities which exceed the tolerance to be

set in accordance with regulation 4 (2) or has been treated with antibiotics,

tenderisers or preservatives, unless those preservatives are authorised under

B

European Community legislation, on the understanding that agents used

specifically to promote water retention are prohibited, as well as any quantity

of poultry-meat obtained in technologically similar conditions and likely as a

result to present the same risk;

(c) it originates from animals found to have one of the faults listed in point 53

(a) of Chapter IX of Schedule I;

(d) it has been declared unfit for human consumption pursuant to points 53 (b)

and 54 of Chapter IX of Schedule I.

(2) Products which have undergone ionising treatment shall not be dispatch to

a Member State the legislation of which forbids such treatment within its territory and

which has informed the European Commission and the territory of Malta of the

existence of such a ban.

(3) In respect of salmonella, the following rules shall apply for meat intended

for Finland and Sweden -

(a) the consignments of meat have been subjected to a microbiological test by

sampling in the establishment of origin according to the rules laid down under

European Union Council Decision 95/411/EC laying down the rules for the

microbiological testing for salmonella by sampling of fresh poultry-meat intended for

Finland and Sweden.

(b) the test provided for in (a) shall not be carried out for meat originating in

an establishment subject to a programme recognised as equivalent to the

operational programme implemented by Finland and Sweden.

(4) Mechanically recovered meat may be traded only if it has previously

undergone heat treatment in accordance with European Union Council Directive

77/99/EEC in the establishment of origin or any other establishment designated by the

Veterinary Services.

List of approved establishments

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

MODEL

HEALTH ATTESTATION

FOR THE CARCASSES OF POULTRY FOR DELAYED EVISCERATION OR FOR

CARCASSES OF DUCKS AND GEESE REARED FOR THE PRODUCTION OF FOIE GRAS,

STUNNED, BLED AND PLUCKED ON THE FATTENING FARMS AND TRANSPORTED

TO A CUTTING PLANT WHICH IS EQUIPPED WITH A SEPARATE ROOM FOR

EVISCERATION

No ( 1 ):………………………

Competent service: …………………………………………………………………………

I. Identification of un-eviscerated carcasses

Species: ……………………………………………………………………………………..

Number of un-eviscerated carcasses: ……………………………………………………….

II. Origin of un-eviscerated carcasses

Address of fattening farm: ……………………………………………………………………..

………………………………………………………………………………………………….

III. Destination of un-eviscerated carcasses

The un-eviscerated carcasses will be transported to the following cutting plant

………………………………………………………………………………………………….

………………………………………………………………………………………………….

IV. Attestation

I, the undersigned, official veterinarian, attest that the un-eviscerated carcasses described above are of

birds which were examined before slaughter on the above-mentioned fattening farm at ……….(time)

on ………….. (date) and found to be healthy..

……………………………………………….

……………………………………..

(Place)

(Date)

…………………………………………………………………………………………….

(Signature of official veterinarian)

( 1 ) Optional

B

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(1) Veterinary Services shall draw up a list of approved establishments

other than those referred to in regulation 7, each of which shall have a veterinary

approval number. It shall send this list to the Member States and to the European

Commission.

A single approval number may be given to an establishment processing or re-

wrapping products obtained from or with raw materials covered by one of the

Directives referred to in article 2 (d) of European Union Council Directive 77/99/EEC

The Veterinary Services shall not approve an establishment unless it is satisfied that it

complies with these regulations.

B

Where hygiene is found to be inadequate and where the measures provided for in the

second paragraph of point 51 of Chapter VIII of Schedule I have proved insufficient

to remedy the situation, the Veterinary Services shall temporarily suspend approval.

If the operator of the establishment, the owner or his agent does not make good the

shortcomings noted within the period fixed by the Veterinary Services, the latter shall

withdraw approval.

The Veterinary Services shall take account here of the conclusions of any check

carried out in accordance with regulation 10. The Member States and the European

Commission shall be informed of the withdrawal of approval.

(2) The operator of the establishment, the owner or his agent must conduct

regular checks on the general hygiene of conditions of production in his

establishment, inter alia by means of microbiological controls. Checks must cover

utensils, fittings and machinery at all stages of production and, if necessary, products.

The operator of the establishment, the owner or his agent must be in a position, upon

request from the Veterinary Services, to inform the official veterinarian or the

European Commission’s veterinary experts of the nature, frequency and results of the

checks conducted, together with the name of the investigating laboratory if need be.

The nature of the checks, their frequency, as well as the sampling methods and the

methods for bacteriological examination shall be established in accordance with the

procedure laid down in article 10 Veterinary Services Act, 2001.

(3) The operator of the establishment, the owner or his agent must establish a

staff training programme enabling workers to comply with conditions of hygienic

production adapted to the production structure. The official veterinarian responsible

for the establishment must be involved in the planning and implementation of that

programme.

(4) The operator of a cutting plant or of a re-wrapping centre, the owner or his

agent must keep records of fresh poultry-meat entering and leaving the establishment,

specifying the nature of the poultry-meat received.

(5) Inspection and supervision of establishments shall be carried out under the

responsibility of the official veterinarian who, in accordance with regulation 8 (2),

may be assisted in purely material tasks by auxiliaries. The official veterinarian must

at all times have free access to all parts of establishments in order to ensure that these

regulations are being complied with. The official veterinarian must regularly analyse

the results of the checks provided for in sub-regulation (2).

The official veterinarian may, on the basis of this analysis, conduct further

microbiological examinations at all stages of production or on the products. The

results of these analyses shall be written up in a report, the conclusions and

recommendations of which shall be notified to the operator of the establishment, the

owner or his agent, who shall rectify the shortcomings noted with a view to improving

hygiene.

B

Exemption on slaughterhouses structure and infrastructure

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

MODEL

HEALTH CERTIFICATE

FOR FRESH POULTRY-MEAT( 1 )

No ( 2 ) :……………………..

Place of loading: ……………………………………………………………………………

Ministry: ……………………………………………………………………………………

Department: ………………………………………………………………………………..

Reference ( 3 ) : ……………………………………………………………………………..

I. Identification of meat

Meat of: ……………………………………………………………………………………..

(Animal species)

Nature of cuts: ……………………………………………………………………………

Nature of packaging: ………………………………………………………………………

Number of cuts or packages: ………………………………………………………………

Month (s) and year (s) when frozen: ………………………………………………………

Net weight: ………………………………………………………………………………..

II. Origin of meat

Address (es) and veterinary approval number (s) of the approved slaughterhouse (s)

……………………………………………………………………………………………….

Address (es) and veterinary approval number (s) of the approved cutting plant (s)

………………………………………………………………………………………………..

Address (es) and veterinary approval number (s) of the approved cold store (s)

…………………………………………………………………………………………………

III. Destination of meat

The meat will be sent from: ……………………………………………………………………

(Place of loading)

to: ……………………………………………………………………………………………….

(Country and place of destination).

B

by the following means of transport ( 4 )

Name and address of consignor: …………………………………………………………………

…………………………………………………………………………………………………….

Name and address of consignee: …………………………………………………………………

…………………………………………………………………………………………………….

IV. Attestation

I, the undersigned, official veterinarian, certify that -

(a) the poultry-meat described above satisfies the requirements of European Union Council Directive

91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and

imports from third countries of fresh poultry-meat and also the requirements of the second

subparagraph of Article 3 (A) (1) of that Directive, if such meat is destined for a Member State or

region of a Member State that is recognised as being free of Newcastle disease;

(b) the poultry-meat described above,

-

the packaging of the meat described above, bear a mark proving that –

(i) the meat comes from animals slaughtered in approved slaughterhouses,

(ii) the meat was cut in an approved cutting plant;

(c) this meat has been passed as fit for human consumption following a veterinary inspection carried

out in accordance with European Union Council Directive 71/118/EEC of 15 February 1971 on health

problems affecting trade in fresh poultry-meat or European Union Council Directive 91/495/EEC of 27

November 1990 concerning public health and animal health problems affecting the production and

placing on the market of rabbit meat and farmed game meat;

(d) the transport vehicles or containers and the loading conditions of this consignment meet the hygiene

requirements laid down in European Union Council Directive 71/118/EEC.

(e) if the meat is intended for Finland or Sweden ( 2 ) -

(i) the test referred to in regulation 5 (3) (a) has been carried out ( 4 )

(ii) the meat comes from an establishment subject to a programme such as that referred to in

regulation 5 (3) (b) (4).

……………………………………………….

……………………………………..

(Place)

(Date)

…………………………………………………………………………………………….

(Signature of official veterinarian)

( 1 ) Fresh poultry-meat means, in accordance with the European Directive referred to in IV of this

certificate, any parts fit for human consumption of domestic animals of the following species -

fowl, turkeys, guinea fowl, ducks, geese, quail, pigeons, pheasants and partridges, which have not

undergone any preserving process; however, chilled and frozen meat shall be considered to be fresh

meat.

( 2 ) Optional.

( 3 ) In the case of rail trucks and lorries, state the registration number, in the case of aircraft the flight

number, and in the case of boats, the name and, where necessary, the number of the container.

( 4 ) delete where not applicable

B

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

In accordance with Schedule II, the Veterinary Services may exempt

slaughterhouses handling under 150 000 birds per year from the structure or

infrastructure requirements of Schedule I, provided they satisfy the following

requirements -

(1) The establishments concerned must be the subject of special veterinary

registration and be given a specific approval number linked to the local supervisory

unit. In order to be approved by the Veterinary Services -

(a) the establishment must fulfil the conditions for approval laid down in

Schedule II;

(b) the operator of the slaughterhouse, the owner or his agent must keep a

register of -

(i) animals entering the establishment and slaughter products leaving

it;

(ii) the checks carried out;

(iii) the results of those checks. This information shall be

communicated to the Veterinary Services at its request;

(c) the slaughterhouse must notify the Veterinary Services of the time of

slaughter and the number and the origin of the animals, and send it a copy of

the health attestation shown in Schedule IV;

(d) the official veterinarian or an auxiliary must be present at the time of

evisceration to ensure compliance with the hygiene rules laid down in

Chapters VII and VIII of Schedule I;

Where the official veterinarian or the auxiliary cannot be present at the time of

slaughter, the meat may not leave the establishment until the post mortem

inspection has been carried out in accordance with regulation 8 (2), on the day

of slaughter, except in the case of meat covered by point 49 of Chapter VIII of

Schedule I;

(e) the Veterinary Services must monitor the chain of distribution of meat

coming from the establishment and the appropriate marking of products

declared unfit for human consumption as well as their subsequent destination

and use. Veterinary Services shall draw up a list of establishments benefiting

from such derogation and shall forward this list, and any subsequent

amendments thereto, to the European Commission;

(f) the Veterinary Services must ensure that fresh meat from the

establishments referred to in paragraph (e) is marked with stamps or labels

approved for the purpose in accordance with the procedure laid down in article

10 of the Veterinary Services Act, 2001, and taking account of the relevant

B

European Union Commission Decision or, in absence of a European Union

Commission Decision and if necessary, according to the general rules of the

Treaty, showing the administrative district of the health unit under which the

establishment comes;

(2) Derogation may also be granted by the Veterinary Services in accordance

with Schedule II in the case of cutting plants which are not situated in an approved

establishment and which are approved pursuant to article 4 (2) of European Union

Council Directive 64/433/EEC, provided the cutting plant does not handle more than

three tonnes per week, subject to compliance with the temperature requirement laid

down in point 49 of Chapter VIII of Schedule I.

The provisions of Chapters VIII and X and point 64 of Chapter XI of Schedule I shall

not apply to storage and cutting operations in the establishments referred to in the first

subparagraph;

(3) Meat that has been judged to comply with the hygiene and health

inspection requirements laid down by these regulations must be marked with a stamp

showing the administrative district of the health unit responsible for the establishment

of origin. The model of this stamp shall be determined in accordance with the

procedure laid down in article 10 Veterinary Services Act and the relevant European

Community law.

(4) Meat must be -

(i) kept for direct sale on the local market, fresh or processed, to

retailers or to the consumer without pre-packaging or pre-wrapping;

(ii) transported from the establishment to the consignee under hygienic

conditions of transport.

(5) The European Commission’s veterinary experts may, in conjunction with

the Veterinary Services, carry out onsite checks on a representative number of

establishments benefiting from the conditions laid down in this regulation. In

particular, access on the same basis as officials of the competent authority shall be

given to all concerned persons, information and documentation as well as access to

places, establishments, installations and means of transport in order for the checks to

be carried out.

(6) With the authorisation of the Veterinary Services, it may be derogated

from the structural requirements provided for in Chapter I for low-capacity cold stores

in which meat is stored only if it is packaged.

(7) Detailed rules for implementing the provisions laid down in the first

paragraph of regulation 7 and sub-regulations (5) and (6) of the same regulation shall

be adopted in accordance with the procedure laid down in article 10 of the Veterinary

Services Act, 2001 and taking account of relevant European Commission Decision or,

in absence of a European Commission Decision and if necessary, according to the

general rules of the Treaty.

B

Special conditions concerning “wholesale market”

(8) For the purposes of this sub-regulation “wholesale market” means a market

comprising a number of separate establishments which may share common facilities,

including common areas in which fresh meat or fresh poultry-meat are cut, stored,

displayed and put on the market. A wholesale market may be attached to other

approved establishments.

(9) An establishment situated in a wholesale market cannot be placed on the

list of approved establishments provided for in regulation 6 (1) of these regulation

unless it complies with the conditions mentioned in sub-regulation (12).

(10) The establishments or combinations of establishments operating in a

wholesale market can receive a veterinary approval number.

(11) The veterinary approval number mentioned in sub-regulation (10) can be

temporarily suspended or withdrawn by the Veterinary Services if an establishment or

combination of establishments no longer fulfils the conditions set out in these

regulations. This suspension or withdrawal does not necessarily affect the approval of

other establishments of the wholesale market.

(12) (a) Establishments must meet the conditions for the approval of

establishments laid down in Chapter I and Chapter III of Schedule I to these

regulations. However the areas, equipment and facilities referred to at points 1,

2 (b), 4 (c) and (e) and 5 to 13 of Chapter I of Schedule I and points 15 (a) to

(c) of Chapter III of Schedule III may be used jointly.

To the room referred to in point 9 of Chapter I of Schedule I for the veterinary

service, extra rooms may be added if necessary, the room or rooms, may be

situated in another part of the wholesale market.

(b) Refrigerated storage areas -

If refrigerated storage areas exist in addition to those mentioned in Schedule I,

Chapter III point 15 (a) of these regulations, the areas must fulfil the special

conditions for the approval of cold stores laid down in Chapter IV of Schedule

1 to these regulations.

(c) Storage -

Carcasses cuts as well as offal which are displayed for selection or for sale

shall be kept chilled in such a way as to ensure that the internal temperature is

maintained as laid down in Chapter XIII, point 69 of Schedule I to these

regulations.

If necessary cold rooms for inspecting the goods or cool boxes for displaying

the goods shall be provided.

B

(13) The hygiene conditions laid down in Chapter V and in particular these of

point 19, Chapter VII point 38, Chapters X, XIV and XV of Schedule I to these

regulations must be respected.

All practicable measures must be taken to ensure that persons who have access to the

areas in which meat is handled or displayed comply with the requirements as to

hygiene in points 18 (a) and 24 in Chapter V of Schedule I to these regulations.

(14) Supervisory measures provided for in regulation 8 of these regulations

and Chapters XI and XII of Schedule I thereto must be respected.

When establishments combine, the operators or owners of the establishments, or their

representatives, shall be jointly liable for meeting the conditions for approval and

fulfilling the hygiene requirements. For this purpose they shall name a person to be

responsible for the regular supervision of general hygiene with regard to production

conditions in the combined establishments in accordance with regulation 6 (2) of

these regulations. The name of this person shall be given to the Veterinary Services.

Such an agreement with the combined establishments shall be an essential part of the

approval.

(15) The requirements of regulation 3 (1)(i) of these regulations must be

respected.

Veterinary supervision

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

INDICATION TO BE APPLIED TO LARGE PACKAGING

Intended use - cutting/heat treatment ( 1 )

Address of destination –

.…………………………………………………………………….………………………………………

…………………………………………………………..

( 1 ) Delete as appropriate

Mitbug] fl-Istamperija tal-Gvern - Printed at the Government Printing Press

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(1) Veterinary Services shall ensure that -

(a) all farms delivering poultry of the species referred to in regulation 2(1) to

slaughterhouses are kept under veterinary supervision;

(b) it is guaranteed that -

(i) in slaughterhouses approved in accordance with regulation 6, at

least one official veterinarian is present throughout the post mortem

inspection;

(ii) in cutting plants approved in accordance with regulation 6, a

member of the inspection team referred to in sub-regulation (2) is

present at least once a day when meat is being worked on, to check the

general hygiene of the plant and the register of fresh meat entering and

leaving it;

(iii) in cold stores, a member of the inspection team referred to in sub-

regulation (2) is regularly present.

(2) The official veterinarian may be assisted by auxiliaries placed under his

authority and responsibility in carrying out the following operations -

B

(a) if they fulfil the conditions in point 3 (a) of Schedule III, collecting the

information needed to assess the health status of the flock of origin, in

accordance with Chapter VI of Schedule I, which the official veterinarian is to

use to make his diagnosis;

(b) if they fulfil the conditions in point 3 (b) of Schedule III -

(i) checking that the conditions of hygiene provided for in Chapters I,

V, VII and X of Schedule I and in Schedule II, and the conditions

provided for in point 47 of Schedule I are met;

(ii) establishing that the cases referred to in point 53 of Chapter IX of

Schedule I are not present at the post mortem inspection;

(iii) carrying out the inspection provided for in (a) and (b) of the

second paragraph of point 47 of Chapter VIII of Schedule I, and

especially the quality assessment of the carcasses and trimmings,

provided that the official veterinarian is actually able to supervise the

work of the auxiliaries on the spot;

(iv) supervising the health marking provided for in point 67 of Chapter

XII of Schedule I;

(v) carrying out the health control of cut and stored meat;

(vi) monitoring transport vehicles or containers and the loading

conditions provided for in Chapter XV of Schedule I.

Only persons who satisfy the requirements of Schedule III may be appointed as

auxiliaries following a test organised by the Veterinary Services. In order to provide

the assistance referred to above, the auxiliaries must form part of an inspection team

under the supervision and responsibility of the official veterinarian.

They must be independent of the establishment concerned. The Veterinary Services

shall determine the composition of the inspection team for each establishment in such

a way that the official veterinarian is able to supervise the above operations.

Detailed rules governing the assistance referred to in this regulation shall, in so far as

necessary, be determined in accordance with the requirements of European

Community.

(3) The Veterinary Services may permit the staff of the undertaking who have

received special training from the official veterinarian, to carry out the operations

provided for in (a) and (b) of the second paragraph of point 47 of Chapter VIII of

Schedule I under the direct supervision of the official veterinarian.

Veterinary Services to collect and use the results of pre-slaughter and post

mortem inspections

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The Veterinary Services are entrusted with the task of collecting and using

the results of pre-slaughter and post mortem inspections carried out by the official

B

veterinarian and relating to the diagnosis of diseases transmissible to man. Where

such a disease is diagnosed, the results of the specific case shall be communicated as

soon as possible to the central service or body of the Ministry of Health in charge of

the diseases transmissible from animals to man and to the veterinarian responsible for

supervision of the flock from which the animals originated. Veterinary Services shall

submit to the European Commission information on certain diseases, particularly

where diseases transmissible to man have been diagnosed. In accordance with the

procedure laid down in article 10 of the Veterinary Services Act and taking account of

the relevant European Union Commission Decision or, in absence of a European

Union Commission Decision and if necessary, according to the general rules of the

Treaty, it may be adopted detailed rules for implementing this regulation, in particular

with regard to -

(a) the regularity with which information has to be submitted to the

Ministry of Health, to Member States and to the European

Commission,

(b) the type of information,

(c) the disease to which the collection of information is to apply,

(d) procedures for collecting and using information.

Onsite Checks

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(1) Veterinary experts from the European Commission may, in co-

operation with the Veterinary Services, make onsite checks in a representative

percentage of establishments in the territory of Malta.

The Veterinary Services shall give the experts all the assistance they need for the

performance of their duties. In particular, access on the same basis as officials of the

competent authority shall be given to all concerned persons, information and

documentation as well as access to places, establishments, installations and means of

transport in order for the checks to be carried out.

The Veterinary Services of Malta shall take any measures required to take account of

the results of these checks. Should an inspection carried out within the terms of this

regulation bring to light serious facts against an approved establishment, the

Veterinary Services shall immediately suspend the placing on the market of products

from the establishment which fails to comply with these regulations.

Stunning, breeding and plucking of birds intending for the production of foie

gras

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Veterinary Services may, by way of derogation from the requirements of

regulation 3 (1)(a), authorise the stunning, bleeding and plucking of birds intended for

the production for foie gras on the fattening farm, provided that these operations are

carried out in a separate room which satisfies the requirements of Chapter II (14) (b)

of Schedule I, and that, in accordance with Chapter XV of Schedule I, the un-

eviscerated carcasses are transported immediately to an approved cutting plant which

B

is equipped with a special room as defined under (ii) in the second indent of point 15

(b), of Chapter III of Schedule I, where the carcasses must be eviscerated within 24

hours under the supervision of the official veterinarian.

Process of chilling fresh poultry by immersion in water

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(1) Veterinary Services may authorise use of the process of chilling fresh

poultry-meat by immersion in water if it is carried out in accordance with the

conditions laid down in points 42 and 43 of Chapter VII of Schedule I. Chilled fresh

meat obtained in accordance with this process may be marketed either chilled or

frozen.

(2) If this process is used in the territory of Malta, the Veterinary Services

must inform the Member States and the European Commission as soon as possible.

(3) Veterinary Services may not object to the introduction into the territory of

Malta of fresh poultry-meat chilled in accordance with points 42 and 43 of Chapter

VII of Schedule I when the use of this chilling process is indicated on the

accompanying document referred to in regulation 3 (1)(i), provided that -

(a) either the meat has been frozen after chilling without undue delay;

(b) or chilled poultry-meat is produced under the same conditions in the

territory of Malta.

Applicability of rules found under European Union Council Directive

89/662/EEC

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The rules laid down in European Union Council Directive 89/662/EEC

shall apply in particular to checks at origin, to the organisation of and follow-up to the

checks to be carried out at destination, and to the protective measures to be

implemented.

CHAPTER III

Provisions applicable to imports into the territory of Malta

Conditions applicable to the placing on the market of fresh poultry meat

imported from third countries

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(1) The conditions applicable to the placing on the market of fresh poultry-

meat imported from third countries must be considered, as at least equivalent to those

laid down for the placing on the market of fresh poultry-meat obtained in accordance

with articles 3 to 6 and 8 to 13 of European Union Council Directive 71/118/EEC.

(2) For the purposes of application of sub-regulation (1), the following

paragraphs shall apply –

(i) In order to be imported into the territory of the territory of Malta and

Member States, fresh poultry-meat must -

(a) come from third countries or parts of third countries listed in

accordance with article 9 (1) and (2) of European Union Council

Directive 91/494/EEC, the list of which shall be published under the

procedure laid down in Veterinary Services Act, 2001 and meet the

requirements of these regulations;

(b) come from establishments for which the competent authority of the

third country has provided the European Commission with guarantees

that these establishments meet the requirements of these regulations;

(c) be accompanied by the certificate referred to in article 12 of

European Union Council Directive 91/494/EEC the form of which

shall be published under the procedure laid down in the Veterinary

Services Act, 2001 supplemented by a declaration to the effect that the

meat fulfils the requirements of Chapter II of European Union Council

Directive 71/118/EEC and any additional conditions, or offers the

equivalent guarantees referred to in (ii)(b) of this sub-regulation. If

necessary, the content of this declaration shall be established according

to the requirements of the European Community.

(ii) The following shall be published under the procedure laid down in article

12 (2) of the Veterinary Services Act and according to the requirements of the

European Community -

(a) a Community list of establishments which satisfy the requirements

in paragraph (b);

(b) the specific conditions and the equivalent guarantees relating to the

requirements of European Union Council Directive 71/118/EEC, other

than those enabling meat to be excluded from human consumption in

accordance with regulation 3 (I) (A) (d) of that Council Directive and

those laid down in Chapter VI, in points 42 and 43 of Chapter VII and

in Chapter VIII of Annex I of that European Union Council Directive.

Such conditions and guarantees may not be less stringent than those laid down in

articles 3 to 6 and 8 to 13 of Council Directive 71/118/EEC.

(iii) The Veterinary Services shall follow the advise of experts from the

European Commission and the Member States who carry out on-the-spot

checks to verify whether -

(a) the guarantee given by the third country regarding the conditions of

production and placing on the market can be considered equivalent to

those applied in the territory of the territory of Malta and in the

Member States;

(b) the conditions of (i) and (ii) of this regulation are fulfilled.

B

Third countries and part of third countries

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The list provided for in regulation 14 (2)(ii) may include only third

countries or parts of third countries -

(a) from which imports are not prohibited pursuant to articles 9 to 12 of

European Union Council Directive 91/494/EEC;

(b) which, in view of their legislation and the organisation of their veterinary

services and of their inspection services, the powers of such services and the

supervision to which they are subject, have been recognised, in accordance

with article 3 (2) of European Union Council Directive 72/462/EEC or article

9 (2) of European Union Council Directive 91/494/EEC, as capable of

guaranteeing the implementation of their legislation in force;

or

(c) the veterinary services of which are able to guarantee that health

requirements at least equivalent to those laid down in Chapter II of European

Union Council Directive 71/118/EEC are being complied with.

Rules on the importation of fresh poultry-meat

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(1) Veterinary Services shall ensure that fresh poultry-meat is imported

into the European Community via the territory of Malta only if it -

(a) is accompanied by the certificate provided for in regulation 14 (2) (i) (c),

(b) has satisfied the checks required by European Union Council Directive

97/78/EC.

Applicability of European Union Council Directive 97/78/EC

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The principles and rules laid down in European Union Council Directive

97/78/EC shall apply, with particular reference to the organisation of and follow-up to

the checks to be carried out by the Veterinary Services and the safeguard measures to

be implemented.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Absolute cleanliness shall be required of staff, premises and equipment.

(a) Staff handling exposed or wrapped fresh meat or working in rooms and areas in which

such meat is handled, packaged or transported must in particular wear clean and headgear

which can be cleaned easily, footwear and light-coloured working clothes or other protective

clothing. Staff engaged in working on or handling fresh meat must wear clean working clothes

at the commencement of each working day and must renew such clothing during the day as

necessary and must wash and disinfect their hands several times during the working day and

each time work is resumed. Persons who have been in contact with sick birds or infected meat

must immediately afterwards carefully wash their hands and arms with hot water and then

disinfect them. Smoking is forbidden in workrooms and storerooms and in other areas and

corridors through which fresh meat is transported.

(b) No animal may enter the establishments except, in the case of slaughterhouses, animals for

slaughter. Rodents, insects and other vermin must be systematically destroyed.

(c) Equipment and instruments used for handling live poultry and working on fresh poultry-

meat must be kept clean and in a good state of repair. They must be carefully cleaned and

disinfected several times during the working day, at the end of the day's work and before

being reused when they have been soiled.

(d) Crates for delivering poultry must be made of non-corrodable material, are easy to clean

and disinfect. They must be cleaned and disinfected each time they are emptied.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Rooms, instruments and working equipment must not be used for purposes other than work on

fresh poultry-meat, fresh meat or game meat authorised in accordance with European Union Council

Directives 91/495/EEC and 92/45/EEC or meat preparations or products unless they are cleaned and

disinfected before reuse. This restriction shall not apply to transport equipment used on the premises

referred to in point 17 (a), when the meat is packaged.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Poultry-meat and containers thereof must not come into direct contact with the floor.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Potable water must be used for all purposes; however, non-potable water may be used for steam

production, fire fighting, cooling refrigeration equipment and removing waste feathers in the

slaughterhouse provided that the pipes installed for this purpose preclude the use of such water for

other purposes and present no danger of contamination of fresh meat. Non-potable water pipes must be

clearly distinguished from pipes used for potable water.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(a) Feathers and by-products of slaughter unfit for human consumption must be taken away

immediately.

(b) The spreading of sawdust or any other similar substance on the floor of the workroom and

fresh poultry-meat storage rooms is prohibited.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Detergents, disinfectants and similar substances must be used in such a way that instruments,

working equipment and fresh meat are not adversely affected. Their use must be followed by thorough

rinsing of such instruments and working equipment with potable water.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Persons likely to contaminate meat are prohibited from working on it and handling it. When

recruited, any person working on and handling fresh meat shall be required to prove, by a medical

certificate, that there is no medical impediment to such employment. The medical supervision of such a

person shall be governed by the relevant national legislation in force in the territory of Malta.

CHAPTER VI

PRE-SLAUGHTER HEALTH INSPECTION

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(a) The official veterinarian of the slaughterhouse may authorise the slaughter of a

consignment of poultry from a holding only, without prejudice to the certificate shown in

Model 5 in Annex IV to European Union Council Directive 90/539/EEC, where -

(i) the poultry intended for slaughter is accompanied by the health attestation

provided for in Schedule IV;

or,

(ii) 72 hours before the arrival of the poultry at the slaughterhouse he was in

possession of a document to be determined by the Veterinary Services containing -

- relevant up-to-date information regarding the flock of origin, in particular

details taken from the holding's records referred to in 27 (a) covering the

type of poultry to be slaughtered,

- proof that the holding of origin is under the supervision of an official

veterinarian. This information must be assessed by the official veterinarian

prior to deciding what measures are to be taken with respect to fowl coming

from the holding concerned, particularly the type of pre-slaughter

inspection.

(b) Where the conditions provided for in (a) are not met, the official veterinarian of the

slaughterhouse may either postpone slaughter or where compliance with the welfare rules

requires authorise slaughter having first carried out the tests provided for under 27 (b), and

must have an official veterinarian inspect the holding of origin of the fowl concerned with a

view to obtaining this information. Any costs associated with the application of this paragraph

shall be charged to the farmer in accordance with rules to be decided on by the Veterinary

Services.

(c) However, in the case of farmers with an annual production of not more than 20 000

domestic fowl, 15 000 ducks, 10 000 turkeys, 10 000 geese or an equivalent quantity of the

other species of fowl referred to in regulation 2(1), the pre-slaughter inspection referred to in

27 (b) may be carried out at the slaughterhouse. In that case the farmer must provide to the

Veterinary Services a declaration to the effect that his annual production does not exceed the

said figures.

(d) The farmer must keep for a minimum of two years the records referred to in point 27 (a)

for submission to the Veterinary Services on demand.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The owner, the person authorised to dispose of the poultry or their representative must facilitate the

pre-slaughter inspection operations and in particular assist the official veterinarian in any handling

deemed necessary. The official veterinarian must carry out the pre-slaughter inspection in accordance

with professional rules, in adequate lighting.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Pre-slaughter inspection on the farm of origin referred to in point 25 shall comprise -

(a) checking of the farmers' records, which must include at least the following, depending on

the type of poultry -

- day of arrival of the birds,

- source of the birds,

B

- number of birds,

- actual performance of the particular breeds (e.g. weight gain),

- mortality,

- suppliers of feedingstuffs,

- type, period of use and withdrawal periods of feed additives,

- comsumption of feedingstuffs and water,

- examination and diagnosis of the attending veterinarian, together with any

laboratory results,

- type of any medicinal product, with dates of administration and withdrawal, given

to the birds,

- date and type of any vaccines given,

- weight gain during the fattening period,

- results of any previous official health inspections of birds from the same flock,.

number of birds sent for slaughter,

- expected date of slaughter;

(b) the additional examination needed to establish a diagnosis where the birds -

(i) are suffering from a disease which can be transmitted to humans or to animals or

are behaving, on an individual or collective basis, in such a way as to indicate that

such a disease may occur;

(ii) show disturbance of general behaviour or signs of sickness which may make the

meat unfit for human consumption;

(c) regular sampling of water and feed with a view to checking compliance with withdrawal

periods;

(d) the results of tests for zoonotic agents carried out in accordance with European Union

Council Directive 92/117/EEC.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

At the slaughterhouse, the official veterinarian shall ensure that the poultry is identified, check

compliance with Chapter II of European Union Council Directive 91/628/EEC on protection of animals

during transport and in particular check whether the poultry has suffered injury during transport.

Moreover, in the event of doubt concerning the identity of a consignment of poultry and where the

poultry must undergo pre-slaughter health inspection at the slaughterhouse in accordance with point 25

(c), the official veterinarian must examine each crate if the poultry show the symptoms referred to in

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Where the poultry has not been slaughtered within three days of its examination and the issue of the

health attestation provided for in point 25 (a) (i) -

- where the poultry has not left the holding of origin, a new health attestation must be issued,

- or, after assessing the reasons for the delay, the official veterinarian of the slaughterhouse

shall authorise slaughter if there is no health reason to prevent it, if need be following a further

examination of the poultry.

B

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Without prejudice to the requirements of European Union Council Directive 91/494/EEC, slaughter

for the purpose of human consumption must be forbidden if the clinical symptoms of the following

diseases have been established -

(a) ornithosis;

(b) salmonellosis.

The official veterinarian may, at the request of the owner of the poultry or of his representative,

authorise the slaughter at the end of the normal slaughter process provided precautions are taken to

keep to a minimum the risk of spreading bacteria and to clean and disinfect the facilities after the

slaughter, with the meat resulting from the slaughter being handled as if it were meat declared unfit for

human consumption.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The official veterinarian must -

(a) forbid slaughter where he has evidence that the meat from the animals concerned would be

unfit for human consumption;

(b) postpone slaughter were the withdrawal period for residues has not been respected;

(c) ensure, with regard to clinically healthy poultry from a flock slaughter of which is

obligatory under a programme for the control of infectious disease, that the poultry is

slaughtered at the end of the day or under conditions such that any contamination of other

poultry is avoided. Veterinary Services may define the rules which authorise to dispose of this

meat in the territory of Malta.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The official veterinarian must immediately notify the Veterinary Services of any prohibition of

slaughter, giving reasons, and provisionally place the poultry affected by that slaughter prohibition in

safekeeping.

CHAPTER VII

HYGIENE REQUIREMENTS FOR SLAUGHTER AND THE HANDLING OF FRESH MEAT

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Only live poultry may be brought into slaughter premises. As soon as they are brought into those

premises the birds must be slaughtered immediately after stunning, except in the case of slaughter

according to a religious rite.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Bleeding must be completed and carried out in such a way that the blood cannot cause

contamination outside the place of slaughter.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Slaughter poultry must be plucked immediately and completely.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Evisceration must be carried out immediately in the case of total evisceration or within the period

laid down in point 49 of Chapter VIII in the case of partial or deferred evisceration. Slaughtered

poultry must be opened in such a way that the cavities and all the relevant viscera can be inspected. For

this purpose the viscera to be inspected may either be detached or left attached to the carcass by their

natural connections. If detached, they must be identifiable as belonging to a given carcass. However,

ducks and geese reared and slaughtered for the production of foie gras may be eviscerated within 24

hours, provided that un-eviscerated carcasses are as soon as possible reduced to and then kept at the

temperature laid down in the first indent of point 69 of Chapter XIII, and transported in accordance

with the rules of hygiene.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

After inspection, the viscera which have been removed must be separated immediately from the

carcass, and the parts unfit for human consumption removed at once. Viscera or parts of viscera

remaining in the carcass must, with the exception of the kidneys, be removed entirely if possible, under

satisfactory hygiene conditions.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

It is forbidden to clean poultry-meat by wiping with a cloth or to fill the carcass with anything other

than edible offal or neck offal from poultry slaughtered in the slaughterhouse.

B

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

It is forbidden to cut the carcass or remove or treat the poultry-meat before the inspection has been

completed. The official veterinarian may prescribe any other handling required by the inspection.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Detained meat, on the one hand, and meat declared unfit for human consumption in accordance

with point 53 of Chapter IX or not allowed for human consumption in accordance with point 54 of

Chapter IX, on the other, and feathers and waste must be removed as soon as possible to the rooms,

facilities or containers provided for in point 4 (d) of Chapter I and point 14 (e) and (f) of Chapter II and

must be so handled that contamination is kept to a minimum.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

After inspection and evisceration, fresh poultry-meat must be cleaned immediately and chilled in

accordance with the hygiene requirements to ensure compliance with the temperature laid down in

Chapter XIII as soon as possible.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Poultry-meat to be subjected to an immersion chilling process in accordance with the process

described in point 43 must, immediately after evisceration, be thoroughly washed by spraying and

immersed without delay. The spraying must be carried out by means of equipment which washes both

the internal and external surfaces of the carcasses efficiently.

For carcasses weighing -

- not more than 2, 5 kg, at least 1, 5 litres of water must be used per carcass,

- between 2, 5 kg and 5 kg, at least 2, 5 litres of water must be used per carcass,

- 5 kg or more, at least 3, 5 litres of water must be used per carcass.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The immersion chilling process must meet the following requirements -

(a) the carcasses must pass through one or more tanks of water or of ice and water, the

contents of which are continuously renewed. Only the system whereby the carcasses are

constantly propelled by mechanical means through a counter-flow of water is acceptable;

(b) the temperature of the water in the tank or tanks measured at the points of entry and exit of

the carcasses must not be more than + 16°C and + 4°C respectively;

(c) it must be carried out in such a way that the temperature specified in the first indent of

point 69 of Chapter XIII is reached in the shortest possible time;

(d) the minimum flow of water throughout the whole chilling process referred to in (a) must

be -

(i) 2, 5 litres per carcass weighing 2, 5 kg or less,

(ii) 4 litres per carcass weighing between 2, 5 kg and 5 kg,

(iii) 6 litres per carcass weighing 5 kg or more. If there are several tanks, the inflow

of fresh water and the outflow of used water in each tank must be regulated in such a

way as to progressively decrease in the direction of movement of the carcasses, the

fresh water being divided between the tanks in such a way that the flow of water

through the last tank is not less than -

- 1 litre per carcass weighing 2, 5 kg or less,

- 1, 5 litres per carcass weighing between 2, 5 kg and 5 kg,

- 2 litres per carcass weighing 5 kg or more. The water used for first filling

the tanks must not be included in the calculation of these quantities;

(e) the carcasses must not remain in the first part of the apparatus or the first tank for more

than half an hour or in the rest of the apparatus or the other tank (s) for longer than is strictly

necessary. All necessary precautions must be taken to ensure that, in the event of interruptions

of the process, the transit time laid down in the first subparagraph is complied with.

Whenever the equipment stops, the official veterinarian must satisfy himself prior to the

resetting in motion that the carcasses still meet the requirements of these regulations and are

fit for human consumption or, if such is not the case, ensure that they are transported as soon

as possible to the premises provided for in point 4 (d) of Chapter I;

(f) each piece of equipment must be entirely emptied, cleaned and disinfected whenever this is

necessary at the end of the period of work and at least once a day;

(g) calibrated control equipment must permit adequate and continued supervision of the

measuring and recording of -

- the water consumption during spray-washing before immersion,

- the temperature of the water in the tank or tanks at the points of entry and exit of the

carcasses,

- the water consumption during immersion,

- the number of carcasses in each of the weigh-tranges listed in (d) and in point 42;

h) the results of the various checks carried out by the producer must be kept and submitted on

request to the official veterinarians;

(i) the correct functioning of the chilling plant and its effect on the hygiene level shall be

evaluated, pending adoption of the European Community microbiological methods, by

scientific microbiological methods recognised by the Member States, the contamination of the

carcasses with total and enterobacteriacea bacteria being compared before and after

immersion.

Such comparison must be carried out when the plant is first brought into use and after that

periodically and in any case each time any alterations are made to the plant. The functioning

of the various parts must be regulated so as to ensure a satisfactory standard of hygiene.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Until the inspection has been completed, it must not be possible for carcasses and offal not

inspected to come into contact with carcasses and offal already inspected, and the removal, cutting or

further treatment of the carcass is forbidden.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

It must not be possible for meat detained or declared unfit for human consumption or inedible by-

products to come into contact with meat declared fit for human consumption, and the former must be

placed as soon as possible in special rooms or containers located and laid out in such a way as to avoid

any contamination of other fresh meat.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The drawing and trussing, handling, further treatment and transport of meat, including offal, must

be performed meeting all hygiene requirements. Where such meat is packaged, the conditions laid

down in point 14 (d) of Chapter II and in Chapter XIV must be complied with. Packaged or wrapped

meat must be stored in a separate room from exposed fresh meat.

B

CHAPTER VIII

POST MORTEM HEALTH INSPECTION

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The poultry must be inspected immediately after slaughter under suitable lighting.

As part of this inspection -

(a) the following parts -

(i) the surface of the bird's body, excluding head and feet save where these are intended

for human consumption;

(ii) the viscera; and

(iii) the body cavities,

must be subjected to visual inspection and, where necessary, palpation and incision;

(b) attention must also be paid to -

(i) anomalies of consistency, colour and smell, in the carcasses;

(ii) major anomalies resulting from slaughtering operations;

(iii) proper functioning of the slaughter equipment.

The official veterinarian must in any event -

(a) subject to a detailed inspection a random sample of the birds rejected in the post mortem

health inspection, the meat of which was declared unfit for human consumption in accordance

with point 53 of Chapter IX;

(b) examine a random sample of 300 birds taken from the entire consignment which has

undergone the post mortem inspection, for an inspection of the viscera and the body cavities;

(c) carry out a special post mortem inspection of the poultry-meat if there are other indications

that the meat from that poultry could be unfit for human consumption.

The owner or the person authorised to dispose of the poultry must co-operate to the extent required in

carrying out the post mortem inspection. He must make the poultry and poultry-meat available in a

condition suitable for inspection. He must provide adequate additional assistance at the request of the

inspector. If the person authorised to dispose of the poultry does not fulfil his co-operation obligations,

the inspection shall be suspended until he co-operates to the extent required for the inspection.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

In the case of partly eviscerated poultry ('effilé') whose intestines were removed immediately, the

viscera and the body cavities of at least 5 % of the slaughtered poultry from each consignment shall be

inspected after evisceration. If during such inspection anomalies are discovered in a number of birds,

then all the birds in the consignment shall be inspected in accordance with point 47.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

In the case of New York dressed poultry -

(a) the post mortem health inspection in accordance with point 47 shall take place at the latest

15 days after slaughter, during which period it must be stored at a temperature not exceeding +

4 degrees C;

(b) at the end of this period at the latest, it must be eviscerated in the slaughterhouse where the

slaughtering was performed or in another approved cutting plant fulfilling the additional

requirements under (ii) in the second indent of point 15 (b) of Chapter III and in this last case,

be accompanied by the health attestation shown in Schedule V;

B

(c) the poultry-meat must not bear the health mark referred to in Chapter XII before the

evisceration referred to in point (b) has been performed.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The taking of samples to examine for residues must be carried out by spot checks and in any case in

the event of justified suspicion. In the case of examination for residues by sampling, examination shall

be carried out according to the procedures referred to in European Union Council Directive 96/23/EEC.

The obligation to examine for residues of substances with pharmacological action referred to in the

second subparagraph of regulation 4 (1) of these regulations shall not apply to poultry from holdings

under official veterinary control where examination for those residues is carried out on the holdings of

origin.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Where a disease is suspected on the basis of the pre-slaughter or post mortem inspection, the

official veterinarian may ask for the requisite laboratory tests to be carried out if he considers them

necessary to substantiate his diagnosis or to detect substances with pharmacological action likely to be

present given the pathological condition observed. In the event of doubt, the official veterinarian may

perform the further cuts and inspections of the relevant parts of the poultry necessary in order to reach

a definitive diagnosis.

Where the official veterinarian finds that the hygiene rules laid down in these regulations are clearly

being breached or that adequate health inspection is being hampered, he shall be empowered to take

action with regard to the use of equipment or premises and to take any measure required, up to and

including a reduction in the rate of production or interruption of the production process.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The results of the pre-slaughter and post mortem inspections shall be recorded by the official

veterinarian and, where transmissible diseases are diagnosed, communicated to the department of the

Veterinary Services responsible for supervision of the holding from which the animals originated, as

well as to the owner of the holding of origin or his representative, who must take account of and keep

such information and submit it to the official veterinarian carrying out the ante mortem inspection

during the subsequent production period.

CHAPTER IX

DECISION OF THE OFFICIAL VETERINARIAN AT THE POST MORTEM INSPECTION

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(a) Poultry-meat shall be declared totally unfit for human consumption where the post mortem

inspection reveals any of the following -

- generalised infectious disease and chronic localisation in organs of pathogenic

micro-organisms transmissible to humans,

- systematic mycosis and local lesions in organs suspected of having been caused by

pathogenic agents transmissible to humans or their toxins,

- extensive subcutaneous or muscular parasitism and systematic parasitism,

- poisoning,

- cachexia,

- abnormal smell, colour or taste,

- malignant or multiple tumours,

- general soiling or contamination,

- major lesions and ecchymosis,

- extensive mechanical lesions, including those due to extensive scalding,

- insufficient bleeding,

B

- residues of substances exceeding the authorised standards or residues of prohibited

substances,

- ascites.

(b) Parts of a slaughtered animal which show localised lesions or contamination not affecting

the health of the rest of the meat shall be declared unfit for human consumption.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The head separated from the carcass with the exception of the tongue, comb, wattles and caruncles

and the following viscera, are excluded from use for human consumption: trachea, lungs separated

from the carcass in accordance with point 37 of Chapter VII, oesophagus, crop, intestine and gall

bladder.

CHAPTER X

PROVISIONS CONCERNING MEAT INTENDED FOR CUTTING

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The carcass shall be cut up into parts and boned only in approved cutting rooms.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The operator of the plant, the owner or his representative must facilitate operations for supervising

the plant, in particular any handling which is considered necessary, and must place the necessary

facilities at the disposal of the supervisory service. In particular, he must be able on request to inform

the official veterinarian responsible for supervision of the source of the meat brought into his cutting

plant and the origin of the animals slaughtered.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Without prejudice to point 19 of Chapter V, meat which does not fulfil the requirements of

regulation 3 (2)(a) of these regulations may not be placed in approved cutting plants unless placed in

special storage areas; it must be cut up in other places or at other times than meat which does fulfil

those requirements. The official veterinarian must at all times have access to all storage rooms and

work rooms in order to satisfy himself that the preceding provisions are rigorously observed.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Fresh meat intended for cutting must, as soon as it is brought in, be placed in the cutting room and,

until cut up, in the room provided for in point 15 (a) of Chapter III. However, notwithstanding point 41

of Chapter VII, meat may be transported directly from the slaughter room to the cutting room.

In such cases the slaughter room and the cutting room must be sufficiently near to each other and

located in the same group of buildings since the meat to be cut must be transferred in one operation

from one room to the other by means of an extension of the mechanical handling system from the

slaughter room, and cutting must be carried out immediately. As soon as the prescribed cutting and

packaging are completed, the meat must be transported to the chilling room provided for in point 15 (a)

of Chapter III.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Meat must be brought into the rooms referred to in point 15 (b) of Chapter III as required. As soon

as cutting and, where appropriate, packaging are completed, the meat must be transported to the

chilling room provided for in point 15 (a).

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Except in the case of meat cut while warm, cutting may take place only if the meat has reached a

temperature not exceeding + 4°C.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Cleaning of fresh meat by wiping with a cloth is prohibited.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Cutting must be carried out in such a way as to avoid any soiling of the meat. Splinters of bone and

clots of blood must be removed. Meat obtained from cutting and not intended for human consumption

must be collected in the containers or rooms referred to in point 4 (d) of Chapter I as it is cut.

CHAPTER XI

HEALTH MONITORING OF CUT MEAT AND STORED MEAT

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Approved cutting plants, approved re-wrapping centres and approved cold stores must be

supervised by a member of the inspection team referred to in the third subparagraph of regulation 8 (2)

of these regulations.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The supervision provided for in point 63 must include the following tasks -

- supervision of the entry and exit of fresh meat,

- health inspection of fresh meat held in the establishment,

- supervision of the cleanliness of the premises, facilities and instruments provided for in

Chapter V, and of staff hygiene, including their clothing,

- any other supervision which the official veterinarian considers necessary for ensuring

compliance with these regulations.

CHAPTER XII

HEALTH MARKING

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Health marking must be carried out under the supervision of the official veterinarian. For this

purpose, the latter shall supervise -

(a) the health marking of meat;

(b) the labels and wrapping material when marked as provided for in this Chapter.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The health mark must include -

(a) for meat wrapped in individual units or for small packages,

- on the upper part, the initials of the territory of Malta in capitals MT

- in the centre, the veterinary approval number of the establishment or, where

appropriate, the cutting premises or re-wrapping centre,

- on the lower part, one of the following sets of initials: KEE. The letters and figures

must be 0, 2 centimetres high;

(b) for large packages, an oval mark at least 6, 5 cm wide by 4, 5 cm high, including the

information listed under (a). The letters must be at least 0, 8 cm high and the figures at least 1

cm high. The health mark may, in addition, include an indication enabling the veterinarian

who carried out the health inspection of the meat to be identified. The material used for

marking must meet all hygiene requirements and the information referred to in (a) shall appear

on it in perfectly legible form.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(a) The health marking referred to in point 66 (a) must be made -

- on or visibly beneath wrappers or other packaging of individually packed

carcasses,. on non-individually wrapped carcasses by apposition of a seal or label,

which may be used only once,

- on or visibly beneath wrappers or other packaging of parts of carcasses or offal

wrapped in small quantities.

(b) The health marking referred to in point 66 (b) must be made on large packages containing

carcasses, parts of carcasses or offal marked in accordance with (a).

B

(c) Where a health marking appears on the wrapper or packaging -

- it must be applied in such a way that it is destroyed when the wrapper or packaging

is opened, or

- the wrapper or packaging must be sealed in such a way that it cannot be re-used

after opening.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The health marking of carcasses, parts of carcasses or offal as provided for in point 67 (a) shall not

be necessary in the following cases -

1. Consignments of carcasses, including those which have had parts removed pursuant to point

53 (b) of Chapter IX, shall be dispatched from an approved slaughterhouse to approved cutting

premises for cutting therein subject to the following conditions -

(a) the large packaging containing the fresh poultry-meat should bear, on the external

surface, the health mark in accordance with the third indent of point 67 (a) and with

point 67 (c) ;

(b) the dispatch office shall maintain a record of the amount, type and destination of

consignments dispatched in accordance with these regulations;

(c) the recipient cutting premises shall maintain a record of the amount, type and origin

of consignments received in accordance with these regulations;

(d) the health mark on the large packaging shall be destroyed when the large packaging

is opened in cutting premises under the supervision of the official veterinarian;

(e) the destination and intended use of the consignment shall be clearly indicated on the

external surface of the large packaging in accordance with this point and with Schedule

VII.

2. Consignments of carcasses, including those which have had parts removed pursuant to point

53 (b) of Chapter IX, parts of carcasses and the following offal: hearts, livers and gizzards,

shall be dispatched from an approved slaughterhouse, cutting premises or re-wrapping centre to

a meat and meat product establishment for treatment subject to the following conditions -

(a) the large packaging containing the fresh poultry-meat shall bear, on the external

surface, the health mark in accordance with the third indent of point 67 (a) and with

point 67 (c) ;

(b) the dispatch office shall maintain a record of the amount, type and destination of

consignments dispatched in accordance with these regulations;

(c) the recipient meat and meat product establishment shall maintain a record of the

amount, type and origin of consignments received in accordance with these regulations;

(d) when the fresh poultry-meat is intended for use in meat products for trade with

Member States, the health mark of the large packaging shall be destroyed when the

large packaging is opened in an establishment under the supervision of the Veterinary

Services;

(e) the destination and intended use of the consignment shall be clearly indicated on the

external surface of the large packaging in accordance with this point and with Schedule

VII.

3. Consignments of carcasses, including those which have had parts removed pursuant to point

53 (b) of Chapter IX, shall be dispatched from an approved slaughterhouse, re-wrapping centre

or cutting premises to restaurants, canteens and institutions for direct supply to the final user

after heat treatment, subject to the following conditions -

(a) the packaging containing the fresh poultry-meat shall bear, on the external surface,

the health mark in accordance with the third indent of point 67 (a) and with point 67

(c);

(b) the dispatch office shall maintain a record of the amount, type and destination of the

consignments dispatched in accordance with these regulations;

(c) the recipient outlet shall maintain a record of the amount, type and origin of

consignments received in accordance with these regulations;

(d) outlets shall be subject to control by a Veterinary Services, which must be given

access to the records kept;

(e) the destination and intended use of the consignment shall be clearly indicated on the

external surface of the large packaging in accordance with this point and with Schedule

VII.

CHAPTER XIII

STORAGE

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

- After the chilling provided for in point 41, fresh poultry-meat must be kept at a temperature

which may not at any time exceed + 4°C.

- Frozen poultry-meat must be kept at a temperature which may not at any time exceed - 12

- Packaged fresh poultry-meat must not be stored in the same room as unpacked fresh meat.

CHAPTER XIV

WRAPPING AND PACKAGING OF FRESH MEAT

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

(a) Packaging (for example packing cases, paperboard boxes) must fulfil all rules of hygiene,

and in particular -

- must not alter the organoleptic characteristics of the meat,

- must not be capable of transmitting to the meat substances harmful to human health,

- must be strong enough to ensure effective protection of the meat during

transportation and handling;

(b) packaging must not be reused for meat unless it is made of corrosion resistant materials

which are easy to clean and has been previously cleaned and disinfected.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Where cut fresh meat or offal is wrapped, this operation must be carried out immediately after

cutting and in accordance with hygiene requirements.

Wrapping must be transparent and colourless or, in the case of coloured transparent wrapping, designed

in such a way as to leave the wrapped meat or offal partially visible. It must also fulfil the conditions of

the first and second indents of point 70 (a); it may not be used again for wrapping meat. Parts of

poultry or offal separated from the carcass must always be wrapped in a firmly sealed protective

covering satisfying the above criteria.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Wrapped meat must be packaged.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

However, when wrapping fulfils all the protective conditions of packaging it need not be

transparent and colourless and placing in a second container is not necessary provided that the other

conditions of point 70 are fulfilled.

B

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Cutting, boning, wrapping and packaging operations may take place in the same room if the

packaging is reusable as described in point 70 (b) or subject to the following conditions -

(a) the room must be sufficiently large and so arranged that the hygiene of the operations is

assured;

(b) the packaging and wrapping must be enclosed in a sealed protective covering immediately

after manufacture; this covering must be protected from damage during transport to the

establishment and stored under hygienic conditions in a separate room in the establishment;

(c) the rooms for storing packaging material must be dust and vermin free and have no air

connection with rooms containing substances which might contaminate fresh meat. Packaging

must not be stored on the floor;

(d) packaging must be assembled under hygienic conditions before being brought into the

room;

(e) packaging must be hygienically brought into the room and used without delay. It must not

be handled by staff handling fresh meat;

(f) immediately after packaging the meat must be placed in the storage room provided.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The packaging referred to in this Chapter may contain only cut fresh poultry-meat.

CHAPTER XV

TRANSPORT

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Fresh meat must be transported in means of transport provided with a hermetic closing system or,

in the case of fresh meat imported in accordance with European Union Council Directive 97/78/EC or

fresh meat transiting through the territory of a third country, in sealed means of transport, designed and

equipped in such a way that the temperatures specified in Chapter XIII are maintained throughout

transportation.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Means of transport intended for transporting such meat must meet the following requirements -

(a) their inside surfaces must be smooth and easy to clean and disinfect;

(b) they must be provided with efficient devices for protecting the meat against insects and

dust and be watertight.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Means of transport intended for transporting meat may in no case be used for transporting live

animals or any products likely to affect or contaminate meat.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

No other product likely to affect the hygiene of the poultry-meat or to contaminate it may be

transported at the same time as the meat in the same means of transport. Packaged meat must be

transported in separate means of transport from un-packaged meat unless, within the same means of

transport, an adequate physical separation is provided so as to protect un-packaged meat.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

Fresh poultry-meat may not be transported in a vehicle or container which is not clean and has not

been disinfected.

Malta Government Gazette — Legal Notice 2004 258 — Poultry-Meat Regulations, 2004

The operator of the plant, the owner or his representative must ensure that transport vehicles and

loading conditions are such as to enable the hygiene requirements of this Chapter to be met. A member

of the inspection team provided for in the third subparagraph of regulation 8 (2) of these regulations

must check that this provision is complied with.

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