Volume 14: Responsibilities for Human and Animal Health
4.
Red meat hygiene after the slaughterhouse
Food Act 1984
Introduction
Food standards
Food safety
Sampling and analysis
4.6 This measure consolidated several earlier pieces of primary legislation, notably the Food and Drugs Act 1955. Its main purpose was to protect public health in terms of food safety and food standards. It sought to do this by making it an offence to render food injurious to human health (food safety control) or to sell food for human consumption which was not of the nature, substance or quality demanded by the purchaser (food standards requirements). Those parts of the Act of most relevance to BSE dealt with the composition and labelling of food, hygiene, the control of food premises, administration, sampling and analysis, and enforcement.
4.7 The Act applied only to England and Wales, and the Ministers who were granted the powers to make Orders or Regulations in England were the Minister of Agriculture and the Secretary of State for Social Services. 1 In Wales, these two Ministers plus the Secretary of State for Wales were given those powers. But in both countries the Ministers were required to act jointly, except in relation to a very few situations where the Minister of Agriculture alone was responsible. This included the power under Section 37 to appoint veterinary inspectors concerned with ensuring the safety of milk and dairy products. The concept of joint responsibility gave rise to the need for cooperation between Departments, a matter we return to later in this chapter.
4.8 The equivalent powers in Scotland were contained in the Food and Drugs (Scotland) Act 1956 and the Control of Food Premises (Scotland) Act 1977, while those for Northern Ireland were in the Food (Northern Ireland) Orders of 1980 and 1989.
4.9 Part I of the Food Act 1984 dealt with food generally and was subdivided into seven headings of which the first - composition and labelling of food - dealt with food standards matters, while the remainder covered food safety issues. To understand these provisions and the secondary legislation relating to them, it is convenient to consider the two groups in turn.
Composition and labelling of food
4.10 Section 1 made it an offence to use any substance in the preparation of food, to abstract any constituent from food, or to subject food to any other process or treatment as to render it injurious to health with the intention that it would be sold for human consumption in that state. A person who sold, offered, exposed or advertised for sale for human consumption any food rendered injurious to health by such processes was also guilty of an offence. Section 2 gave general protection to purchasers of food by making it an offence to sell any food which was not of the nature, or substance or quality demanded by the purchaser.
4.11 These underpinning principles of food standards were supported by regulation-making and information-gathering powers granted to 'the Ministers' - that is, the Minister of Agriculture, the Secretary of State for Social Services, and additionally in Wales the Secretary of State for Wales, acting jointly. Section 4 enabled the Ministers 'so far as appears to them to be necessary or expedient in the interests of the public health, or otherwise for the protection of the public, or to be called for by any Community obligation' to make Regulations for any of the following purposes:
- to require, prohibit or regulate the addition of any specified substance to food intended for sale for human consumption, or using such a substance as a food ingredient, and generally regulating the composition of such food;
- to require, prohibit or regulate the use of any process or treatment in the preparation of food for human consumption;
- to prohibit or regulate the sale, offer or exposure for sale, consignment or delivery of food which did not comply with any regulations, or for regulating the import of such food; or
- to prohibit or regulate the sale, possession for sale, offer, exposure or advertisement of any specified substance for use in the preparation of food for human consumption.
4.12 The Regulations relevant to this Report which were made, or deemed to have been made, under this section of the Act, were the Meat (Treatment Regulations) 1964 - which prohibited the addition of several specified substances to raw or unprocessed meat; made it an offence to add such substances to meat; and provided for such meat to be condemned and destroyed as unfit for human consumption - and the Meat Products and Spreadable Fish Products Regulations 1984. 2
4.13 The 1984 Regulations consolidated and revoked earlier Regulations dealing with particular types of meat product (Regulation 20 and schedule 5), and defined foods which were not considered to be meat products (Regulation 2(1) and schedule 3). These included raw meat to which no ingredient had been added; haggis, black pudding and white pudding, brawn and collard head; stock cubes and similar flavouring agents; foods for which 'broth', 'gravy' or 'soup' were used in the name; products known in Scotland as 'potted head', 'potted meat' and 'potted hough'; and any product containing the fat but no other meat of any animal or bird.
4.14 Regulations 2 and 14 and schedule 2 defined which parts of the animal carcass were to be regarded as meat and which parts might not be used in uncooked meat products. For mammalian species, the parts to be regarded as meat were:
4.15 Those parts not to be used in uncooked meat products were:
4.16 The 1984 Regulations defined meat as 'the flesh, including fat, and the skin, rind, gristle and sinew in amounts naturally associated with the flesh used, of any animal or bird which is normally used for human consumption'. This included those parts listed in paragraph 4.14 above, but no other parts of a carcass were to be regarded as 'meat'. A meat product meant any product which consisted of meat or of which meat was an ingredient, other than foods listed in paragraph 4.13 above. 'Cooked', in relation to a food, meant 'subjected to a process of cooking throughout the whole food so that the food is sold for consumption without further cooking', and 'uncooked' was to be construed accordingly. 3
4.17 To enable the exercise of their functions under section 4, Ministers could by Order under section 5 require every person carrying on a business which included the production, use or importation of substances specified in the Order to provide them with particulars of the composition and use of those substances.
4.18 Section 6 of the Act made it an offence for any person to give or display a label with any food sold by him, or made available for sale by him, if the label falsely described the food or was calculated to mislead as to its nature, substance or quality. It was also an offence to advertise or publish an advertisement falsely describing food. Section 7 enabled the Ministers to make Regulations for improving requirements, on, or regulating, the labelling, marking or advertising of food for human consumption and the descriptions which could be applied to such food. The principal Regulations under section 7 were the Food Labelling Regulations 1984, 4 which also implemented the EC Directives on the labelling of foodstuffs. The Meat Products and Spreadable Fish Products Regulations 1984 were also made under this section of the Act, much of their content concerning the use of certain descriptions and declarations on contents.
4.19 Enforcement of the composition and labelling provisions of sections 1, 2 and 6 of the Act rested with the food and drug authorities - ie, county councils, metropolitan district councils and London borough councils.
Mechanically recovered meat (MRM)
4.20 Conventional methods of removing meat from bones during butchery left a substantial quantity of meat adhering to the bone. This meat could be recovered by various kinds of machines creating a product known as mechanically recovered meat (MRM). MRM was suitable for use in products where the texture of the meat was not important to the finished product such as meat pies, burgers, and sausages. It could also be fed to animals, including pets. The MRM process is discussed further in vol. 13: Industry Processes and Controls.
4.21 As indicated above, the Meat Products and Spreadable Fish Products Regulations 1984 defined the term 'meat', and listed those parts of the carcasses of mammalian species which were to be regarded as meat, and those parts which might not be used in uncooked meat products.
4.22 In August 1987, the British Meat Manufacturers' Association (BMMA) 5 issued a Code of Practice to describe the essential criteria and appropriate conditions for the preparation of MRM. 6 The BMMA was concerned that if either the raw material source or the production process was not properly controlled, then the characteristics of the product could become so debased that it could no longer be considered meat as defined in the 1984 Regulations. The Code related only to meat close to the bone recovered from selected bones and separated by a process based on the application of pressure or a mincing and sieving action. 7
4.23 The BMMA Code went further than Part I of schedule 2 of the 1984 Regulations. It stated that the only part of the carcass listed in the schedule that should be used in the production of MRM was the diaphragm. It particularly emphasised that no part of the head should be used, and in explanatory notes it stated that:
The objective of this sub-paragraph is to exclude parts of the carcase inappropriate to the product and to ensure compliance with the definition of meat in the MPR [Meat Products and Spreadable Fish Products Regulations 1984]. Thus, spinal cord is prohibited in red meat species . . . 8
4.24 The Code also said that meat from various specified bones should not be used in the manufacture of MRM:
4.25 The Code was endorsed by the Committee on the Microbiological Safety of Food, 9 which was 'satisfied that mechanically recovered meat, if properly prepared, need not present a significant risk to public health from the microbiological point of view.' 10
Food unfit for human consumption
4.26 The legislative basis for controls on the sale, etc of food that was unfit for human consumption was contained in section 8 of the 1984 Act. This made it an offence to sell, or to forward to any person to sell, or to prepare for sale, any food intended for human consumption but which was unfit for that purpose. It was a defence for anyone charged with this offence to show either that he gave notice that the food was unfit or that he did not know or could not, with reasonable diligence, have known that it was unfit. Section 8 (4) provided that anyone licensed to keep a slaughterhouse under the Slaughterhouses Act 1974, who was convicted of an offence under this section of the Food Act could have his licence cancelled by the court, in addition to any other penalty. 11 Section 12 of the 1984 Act prohibited the sale, offer or exposure for sale or the possession for the purpose or perception for sale for human consumption, of any part or product derived wholly or partly from an animal slaughtered in a knacker's yard. Anyone contravening this section was guilty of an offence, and, if licensed under the 1974 Act to keep either a slaughterhouse or a knacker's yard, could have his licence cancelled, in addition to any other penalty.
4.27 Section 9 granted the power to examine and seize food suspected of being unfit for human consumption to an 'authorised officer of a council', who could act 'at all reasonable times' and 'if it appeared to him to be unfit' could seize the food and remove it to be dealt with by a Justice of the Peace (JP). The person found in possession of the unfit food was entitled to notice of liability to prosecution, to be heard by the JP, and to call witnesses in his defence. If it was found that the food was unfit, the JP could order its destruction or disposal so as to prevent it being used for human consumption, but if the food was not found to be unfit the council had to compensate its owner for any depreciation resulting from the seizure and removal. Similar powers of examination and seizure were granted by section 11 in relation to vehicles or containers that were suspected of containing unfit food.
4.28 An 'authorised officer' of a council was defined by section 73 to mean an officer authorised in writing either generally or specifically to act in matters of a specified kind, and - for the purposes of taking samples - also included a police constable authorised by the police authority. No council officer could be authorised to act in relation to the examination and seizure of meat unless he had the qualifications prescribed in Regulations made by Ministers. In relation to meat, the requirements of the Authorised Officers (Meat Inspection) Regulations 1978 had to be met. 12
4.29 Authorised officers were also able to examine the contents of vehicles and containers that contained food intended to be sold for human consumption, or that were in the course of a delivery after the sale of food intended for human consumption, subject to some exemptions. These exemptions included any vehicles belonging to listed transport authorities, and instances where the duties of a customs and excise officer had not been wholly discharged.
4.30 Enforcement of the unfit food provisions of the Act was the responsibility of district councils, metropolitan district councils and London borough councils.
Hygiene
4.31 Section 13 of the Food Act gave the Minister the power to make Regulations in relation to the sale, importation, preparation, transport, storage, packaging and wrapping of food intended for human consumption, to secure the observance of sanitary and clean conditions and practices, and to protect public health. The Food Hygiene (General) Regulations 1970 and the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 had effect as if made under this section.
4.32 The Food Hygiene (General) Regulations required that no food business should be carried out at any insanitary premises or any place, or in any condition or situation where that food was exposed to the risk of contamination. The term 'food business' was defined in Regulation 3 as any trade or business in which any person engages in the handling of food. The Regulations stated that any articles or equipment which came or were liable to come into contact with food should be kept clean, and also restricted the preparation and packaging of food on domestic premises.
4.33 Part III of the Regulations required any person who handled food to take all steps reasonably necessary to protect the food from risk of contamination (Regulation 9), keep as clean as reasonably practicable (Regulation 10) and wear the appropriate overclothing (Regulation 11).
4.34 Part IV required the premises on which food was handled to maintain certain standards in relation to sanitary conveniences, water supply, facilities for washing food and equipment, lighting, ventilation and general cleanliness and repair. Regulation 27 listed the temperatures at which food was to be kept.
4.35 Any person guilty of an offence under the Regulations could be liable for a fine and/or a term of imprisonment. Further, if the person convicted held a licence under section 1 of the Slaughterhouses Act 1974, a further penalty might be the cancellation of that licence if the offence was committed on the premises for which the licence was held. Enforcement of the Regulations was the responsibility of the local authority - that is, the district councils and London borough councils.
4.36 The Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 were very similar to the 1970 Regulations. They too were enforced by local authorities, and the penalties for any person found guilty of an offence under them were identical to those in the 1970 Regulations.
4.37 Section 14 of the Food Act 1984 gave the court the power to disqualify a caterer for a period of up to two years if he or she were convicted of an offence under section 13, subject to the gravity of the offence and any previous convictions under section 13.
4.38 Section 15 of the Act gave local authorities the power to make bylaws to ensure the observance of sanitary and clean conditions and practices in connection with the handling, wrapping and delivery of food intended for sale for human consumption.
Registration of premises and licensing of vehicles
4.39 Section 16 required that premises used for the sale, or manufacture for the purpose of sale, of ice cream, or for the storage of ice cream intended for sale, or for the preparation or manufacture of sausages or potted, pressed, pickled or preserved food intended for sale, had to be licensed by the local authority. Section 17 enabled Ministers by Order to extend this requirement to other businesses specified in the Order. Preserved food was deemed to include the preparation of any meat by the process of cooking. A person who used any premises in such a manner without being registered was guilty of an offence and could be fined and/or imprisoned. Further, the Secretary of State for Social Services could institute proceedings for offences under this section.
4.40 Section 18 of the Act set out the requirements of registration 13 and section 19 those situations where registration might be refused or cancelled by the local authority. For registration to be refused or cancelled, either the requirements listed under section 13 must not have been meet, or the premises must have been considered to be unsuitable for the use or purpose applied for. Further, under section 20 of the Act the Minister could make Regulations enabling local authorities to issue licences for the use of vehicles, stalls, or places other than premises for the preparation, exposure or offer for sale of food for human consumption. However, no Regulations were made under this section.
Control of food premises
4.41 Section 21 provided that if a person was convicted of an offence under section 13 that included the carrying on of a food business at any premises or stall which was insanitary and where the food was exposed to the risk of contamination, the court could, on application by the local authority, make a closure order, if it was satisfied that the preparation, storage, sale or offering or exposure for sale was continuing or was likely to continue and the condition of the premises or fittings or equipment was such that the continuance of a food business would be dangerous to health. The authority had to give at least 14 days' notice of its intention to apply for such an order and it had to specify what measures should be taken to remove any danger to health.
4.42 However, under section 23 the court could make an emergency order if it was satisfied by the evidence of the local authority - and after the person against whom the order would be made had been given an opportunity to give evidence - that the preparation or sale of food would be a danger to health. In emergency order cases, only three days' notice was required of the local authority. Such an order prohibited the use of the premises until either the local authority was satisfied that there was no longer any risk of danger to health or the proceedings which gave rise to the order had been determined. Under section 23, if the court was satisfied that there had not been an imminent risk of danger to health and that loss had been occasioned, it could order compensation to be paid. Section 24 granted rights of appeal to the Crown Court for both the local authority and the person to whom the application for a closure order was given.
4.43 Under section 25, a person who contravened a closure order or an emergency order was liable on a summary conviction to a fine.
Food poisoning
4.44 Section 31 of the Act allowed a 'proper officer' of a local authority 14 to issue a notice to the person in charge of the food if he had reasonable grounds for suspecting that the food was likely to cause food poisoning. While the notice was in effect, the food or any specified portion of it was not to be used for human consumption, and it was not to be removed except to a place specified in the notice. If it was found that the food was likely to cause food poisoning, it had to be dealt with as food falling under section 9 of this Act. However, if the officer was satisfied that the food could be safely used for human consumption, he could withdraw the notice and the local authority had to pay compensation to the owner of the food for any depreciation in value resulting from the action taken by the officer.
4.45 The Act required every food and drugs authority to appoint one or more food and drugs analysts who possessed qualifications prescribed in Regulations or otherwise approved by Ministers, 15 and provided that county councils or local authorities could provide facilities for examining samples of food and drugs. 16 It also empowered authorised officers of councils to purchase samples of any food or substance capable of being used in the preparation of food, or to take such samples if it appeared to them that the food or substance:
- was intended for sale or had been sold for human consumption; or
- was found by them on or in any premises, stall, vehicle, ship, aircraft or place which they were authorised to enter to enforce the Act. 17
4.46 They were to deal with samples in the manner prescribed in schedule 7 to the Act, 18 and submit them to be analysed by the public analyst for the relevant area. 19 Having analysed a sample, the public analyst was required to give the authorised officer a certificate specifying the result, in a form prescribed in Regulations. 20 A local authority could also arrange for the examination of food that had not been and was not intended to be sold, at the request of the person who had it in his or her possession. 21 Finally, public analysts were required to report quarterly to the local authority which had appointed them on the number of 'articles' they had analysed during the preceding three months and the results of those analyses. 22
1 The title in 1984 of the Minister heading the Department of Health and Social Security
2 L11 tab 6
3 L11 tab 6 Regulation 2(1)
4 L11 tab 5. The equivalents in Scotland were the Food Labelling (Scotland) Regulations 1984, and in Northern Ireland the Food Labelling Regulations (Northern Ireland) 1984
5 Formerly known as the Bacon and Meat Manufacturers' Association
6 YB87/8.00/3.1
7 YB87/8.00/3.1 para. 2
8 YB87/08.00/3.6 - note to para. 5(d)
9 Set up to advise UK Health and Agriculture Ministers, and chaired by Sir Mark Richmond. For further details of the Committee, and its remit and its work, see Chapter 1 of Part 1 of its Report, published in February 1990 (M22 tab 3)
10 M22 tab 4 p. 65 para. 4.55
11 The basis upon which a meat inspector might determine that meat was unfit for human consumption was set out in the Meat Inspection Regulations of 1963 and 1987 - see Chapter 3 of this volume
12 That is, the Royal Society of Health Certificate of Meat Inspection or a Diploma in Environmental Health or a BSc (Hons) Degree in that subject
13 An application had to specify the purpose or purposes for which registration was sought and all rooms or accommodation that were proposed to be used
14 A 'proper officer' in relation to any purpose meant the officer appointed for that purpose by the council - see section 132(1) of the 1984 Act
15 Section 76
16 Section 77
17 Section 78
18 Section 80
19 Section 79(4). The sample could be passed to the analyst for another area if the office of public analyst for the relevant area was vacant or if that analyst decided that he could not perform an effective analysis
20 Section 79
21 Section 85
22 Section 86
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