Volume 5: Animal Health, 1989-96
Annex A to Chapter 4: Unfit meat and human food
Meat (Sterilisation and Staining) Regulations 1982 (the 1982 MSSR)
Overview of changes
Detailed provisions

Overview of changes

36 Changes were brought into effect by the introduction of the 1982 MSSR. ¹ The principal changes were:

1. staining was reintroduced as an alternative to sterilisation; ²
2. different measures were required for different categories of meat and offal; and
3. a new system of movement permits intended to assist in tracking unfit meat was introduced.

The precise changes are set out in more detail below.

Detailed provisions

37 The 1982 MSSR revoked the 1969 Regulations. They applied to particular categories of 'meat' (including 'offal'), and required, unless certain exceptions applied, that the meat or offal in question be:

1. sterilised;
2. subject to restrictions on removal, prior to sterilisation;
3. not sold, prior to sterilisation; and
4. subject to restrictions on storage and freezing, prior to sterilisation.

One of the exceptions available in certain cases required that the meat or offal in question be stained. The discussion below deals first with the relevant categories of meat and offal, second with the procedure for staining and sterilisation, third with the requirements of the Regulations and the exceptions to those requirements, and fourth with the enforcement of the Regulations. ³

Categories of meat and offal

38 The 1982 MSSR defined 'meat' to mean carcass meat, poultry meat, and offal. Each of these terms was itself defined in the Regulations, and for present purposes the first and third are relevant:

1. 'carcass meat' was defined as the flesh of an animal, including thick or thin skirt, and heads of cattle or swine, but excluding offal; and
2. 'offal' was defined as including separate pieces of fat, but not including thick or thin skirt, heads of cattle or swine, or poultry offal.

Also relevant is the definition of 'knacker meat' which was defined as carcass meat and offal from an animal slaughtered in, or from a carcass brought into, a knacker's yard situated in the UK. ⁴

39 Two specific categories of offal were defined in the 1982 MSSR: ⁵

1. 'green offal' was defined as stomachs and intestines derived from animals and the contents of such organs; and
2. 'specified offal' was defined as hearts, kidneys, livers and lungs derived from an animal and which, in the case of an animal in a slaughterhouse, had been rejected as unfit for human consumption under the relevant provisions for that purpose. ⁶

40 For the purposes of the 1982 MSSR, the following categories of meat were to be presumed, until the contrary was proved, to be unfit for human consumption:

1. knacker meat; ⁷
2. meat from any variety of cattle, sheep, pig, equine animal or goat, which had died or been slaughtered in any place other than a slaughterhouse or knacker's yard, or which has been brought to such a place after having died or been slaughtered; ⁸
3. meat which had not been handled or kept in a slaughterhouse in a hygienic manner. ⁹

Sterilisation

41 'Sterilisation' was defined as being either:

1. treated by boiling or by steaming under pressure until every piece of meat is cooked throughout;
2. dry-rendered, digested, or solvent processed into technical tallow, greases, glues, feeding meals or fertilisers; or
3. subjected to another process other than those previously described in this definition which results in all parts of the meat no longer having the appearance of raw meat and which inactivated all vegetative forms of human pathogenic organisms in the meat. ¹⁰

Staining

42 The 1982 MSSR defined 'stained' to mean treated with a solution of the colouring agent Black PN or Brilliant Black BN (E151, Colour Index 197 No.28440), the solution to be of such a strength that the colouring on the stained meat is clearly visible. The definition added that for this purpose 'treated' meant that all pieces of meat not smaller than primal cuts had been opened by multiple and deep incisions, and the whole surface of the meat had been covered with a solution as aforesaid either by immersing the meat in, or spraying or otherwise applying, the solution.

Requirements and exemptions: permitted destinations

43 The availability of some exceptions depended on whether it was intended to remove meat or offal to particular destinations. These destinations were listed in Regulation 17(1) as follows:

1. a hospital, medical or veterinary school, laboratory or similar institution for instructional or diagnostic purposes, a rennet manufacturer or a manufacturing chemist for the manufacture of pharmaceutical products;
2. the premises of a processor for sterilisation by him;
3. a zoological garden, menagerie, mink farm, maggot farm or greyhound kennels licensed by the National Greyhound Racing Club;
4. the premises of a waste food processor licensed under the provisions of the Diseases of Animals (Waste Food) Order 1973 to receive unprocessed waste food and in addition authorised in writing by the issuing authority ¹¹ to receive unsterilised meat to which these Regulations apply; or
5. the premises of a person for preparation prior to further removal to a processor or manufacturing chemist or for storage before further removal to another destination referred to in this paragraph. ¹²

Requirements for sterilisation in slaughterhouses

44 Subject to the exceptions in the next paragraph, carcass meat at a slaughterhouse found to be unfit for human consumption and specified offal at a slaughterhouse ¹³ was required either:

1. to be sterilised immediately; ¹⁴ or
2. to be placed immediately in a room or receptacle designed for the purpose of holding meat awaiting sterilisation and bearing a notice stating that its contents were to be sterilised on the premises, and then to be sterilised at the slaughterhouse. ¹⁵

45 There were two exemptions from this requirement in the case of carcass meat or specified offal which:

1. was stained by the occupier of the slaughterhouse immediately after it was brought into separate accommodation dedicated to the retention of unfit meat; ¹⁶ or
2. was intended to be removed from the slaughterhouse under the authority of a movement permit issued pursuant to the Regulations to a destination referred to in 17(1)(a). ¹⁷

The requirements governing movement permits are discussed at paragraphs 71 to 85 below. Reference should also be made to the discussion of the defence available to one charged with contravention of this provision (paragraph 50 below) and the further exemption discussed at paragraph 49 below.

46 Subject to the exceptions in the next paragraph, any offal other than specified offal at a slaughterhouse found to be unfit for human consumption was required either:

1. to be sterilised immediately; ¹⁸ or
2. to be placed immediately in a room or receptacle designed for the purpose of holding meat awaiting sterilisation and bearing a notice stating that its contents were to be sterilised on the premises, and then to be sterilised at the slaughterhouse. ¹⁹

47 For present purposes, there were two exemptions from this requirement:

1. in the case of offal other than specified offal found to be unfit (including any green offal not intended to be removed in accordance with the exception at (ii) below) which was intended to be removed from the slaughterhouse under the authority of a movement permit issued pursuant to the Regulations to a destination referred to in Regulation 17(1); ²⁰ and
2. any green offal unfit for human consumption, and any other offal not being specified offal which was in a container the contents of which consist mainly of green offal, which in either case was intended to be removed from the slaughterhouse to the premises of a processor for sterilisation. ²¹

The requirements governing movement permits are discussed at paragraph 71 to 85 below. Reference should also be made to the discussion of the defence available to one charged with contravention of this provision (paragraph 50 below) and the further exemption discussed at paragraph 49 below.

Restrictions on removal from slaughterhouses

48 Subject to the exceptions in the next paragraph, the Regulations imposed a prohibition upon any person removing or causing or permitting to be removed from any slaughterhouse of which he was the occupier any meat unfit for human consumption ²² unless that meat either:

1. had been sterilised; ²³
2. being carcass meat or specified offal, had been stained, and was intended and authorised by a movement permit to be delivered to a destination referred to in Regulation 17(1)(b) to (e); ²⁴
3. being carcass meat or specified offal, was intended and authorised by a movement permit to be delivered to a destination referred to in Regulation 17(1)(a); ²⁵ or
4. being offal other than specified offal, was intended and authorised by a movement permit to be delivered to a destination referred to in Regulation 17(1). ²⁶

49 A person was exempted from the requirement to obtain a movement permit in respect of the removal from a slaughterhouse occupied by him of either:

1. of any green offal intended to be delivered to the premises of a processor for sterilisation; ²⁷ or
2. of any carcass meat or offal other than green offal if such meat was removed in a container the contents of which consisted mainly of green offal and which was intended to be delivered to the premises of a processor for sterilisation. ²⁸

50 It was a defence for any person charged with a contravention of, or a failure to comply with, the Regulations set out at paragraphs 44-49 above, to prove that he did not know, and could not with reasonable diligence have ascertained, that the meat was unfit for human consumption. ²⁹

Requirements for sterilisation in knacker's yards

51 Subject to the exceptions in the next paragraph, carcass meat and specified offal derived from an animal slaughtered in, or brought into, a knacker's yard was required to be sterilised immediately after skinning, evisceration, or cutting up (whichever operation was the last carried out at the yard). ³⁰

52 There were three exemptions from this requirement in the case of carcass meat or specified offal which was either:

1. placed immediately after skinning, evisceration, or cutting up (whichever operation was the last carried out at the yard), in a room or receptacle designed for the purpose of holding meat awaiting sterilisation and bearing a notice stating that its contents were to be sterilised on the premises, and then to be sterilised at the yard; ³¹
2. stained at the knacker's yard immediately after skinning, evisceration, or cutting up, (whichever operation was the last carried out at the yard); ³² or
3. intended to be removed from the knacker's yard under the authority of a movement permit to a destination referred to in Regulation 17(1)(a). ³³

53 The requirements governing movement permits are discussed at paragraphs 71 to 85 below. Reference should also be made to the further exemption discussed at paragraph 57 below.

54 Subject to the exceptions in the next paragraph, any offal other than specified offal derived from an animal slaughtered in, or brought into, a knacker's yard was required immediately after evisceration either:

1. to be sterilised; or
2. to be placed immediately in a room or receptacle designed for the purpose of holding meat awaiting sterilisation and bearing a notice stating that its contents were to be sterilised on the premises, and then to be sterilised at the yard. ³⁴

55 For present purposes, there were two exemptions from this requirement:

1. in the case of offal other than specified offal (including any green offal not intended to be removed in accordance with the exception at (ii) below) which was intended to be removed from the knacker's yard under the authority of a movement permit issued pursuant to the Regulations to a destination referred to in Regulation 17(1); ³⁵ and
2. any green offal, and any other offal not being specified offal which was in a container the contents of which consisted mainly of green offal, which in either case was intended to be removed from the knacker's yard to the premises of a processor for sterilisation. ³⁶

The requirements governing movement permits are discussed at paragraphs 71-85 below. Reference should also be made to the further exemption discussed at paragraph 57 below.

Restrictions on removal from knacker's yards

56 Subject to the exceptions in the next paragraph, the regulations imposed a prohibition upon any person removing or causing or permitting to be removed from any knacker's yard of which he was the occupier any meat ³⁷ unless that meat either:

1. had been sterilised; ³⁸
2. being carcass meat or specified offal, had been stained, was intended and authorised by a movement permit to be delivered to a destination referred to in Regulation 17(1)(b) to (e); ³⁹
3. being carcass meat or specified offal, was intended and authorised by a movement permit to be delivered to a destination referred to in Regulation 17(1)(a); ⁴⁰ or
4. being offal other than specified offal, was intended and authorised by a movement permit to be delivered to a destination referred to in Regulation 17(1). ⁴¹

57 A person was exempted from the requirement to obtain a movement permit in respect of the removal from a knacker's yard occupied by him either:

1. of any green offal intended to be delivered to the premises of a processor for sterilisation; or
2. of any carcass meat or offal other than green offal if such meat was removed in a container the contents of which consisted mainly of green offal and which was intended to be delivered to the premises of a processor for sterilisation. ⁴²

Requirements affecting removal of unfit meat from a place other than a slaughterhouse or knacker's yard

58 The Regulations imposed a prohibition upon any person removing or causing or permitting to be removed from any place of which he was the occupier, not being a slaughterhouse or knacker's yard, any meat unfit for human consumption cut from any variety of cattle, sheep, pig, equine animal or goat which had died or been slaughtered at that place or had been brought there having died or been slaughtered, ⁴³ unless that meat either:

1. had been sterilised; ⁴⁴
2. being carcass meat or specified offal, had been stained, and was intended and authorised by a movement permit to be delivered to a destination referred to in Regulation 17(1)(b) to (e); ⁴⁵
3. being carcass meat or specified offal, was intended and authorised by a movement permit to be delivered to a destination referred to in Regulation 17(1)(a); ⁴⁶
4. being offal other than specified offal, was intended and was authorised by a movement permit to be delivered to a destination referred to in Regulation 17(1); ⁴⁷ or
5. was intended to be delivered to a knacker's yard. ⁴⁸

Requirements as to freezing of meat

59 Subject to the exceptions in the paragraph below, the Regulations imposed a prohibition against any person freezing any carcass meat which was unfit for human consumption or specified offal in a slaughterhouse ⁴⁹ or any carcass meat or specified offal in a knacker's yard unless that meat had been sterilised or stained. ⁵⁰

60 There were two exemptions from this prohibition:

1. in the case of any meat which was intended to be removed under the authority of a movement permit from the slaughterhouse or knacker's yard to a destination referred to in Regulation 17(1)(a); ⁵¹ and
2. in the case of any meat from a carcass infested with cysticercus bovis which was frozen in accordance with relevant meat inspection provisions. ⁵²

Requirements as to possession for sale, and preparation for sale, of meat

61 Subject to the exceptions in the paragraph below, the Regulations prohibited any person from possessing for the purpose of sale or preparation for sale either:

1. any meat removed from a slaughterhouse which was unfit for human consumption;
2. any meat removed from a knacker's yard; or
3. any meat unfit for human consumption from an animal which had died or had been slaughtered at a place other than a slaughterhouse or knacker's yard, or had been brought to such a place after having died or been slaughtered;

unless that meat had been sterilised. ⁵³

62 There were exemptions from this prohibition in the case of any meat which was in the possession of a person either:

1. while in transit under the authority of a movement permit to a destination referred to in Regulation 17(1)(a); ⁵⁴
2. referred to in Regulation 17(1)(e) at his premises; and, where required by the Regulations, had been stained; ⁵⁵
3. while in transit under the authority of a movement permit to a destination referred to in Regulation 17(1)(b) to (e); and, where required by the Regulations, had been stained; ⁵⁶ or
4. at premises listed in Regulation 17(1)(a) to (d) for any purpose contemplated in the provisions or with a view to its removal from those premises in accordance with the provisions relating to closure, breakdown or trade dispute (see paragraph 68 below) or while in transit from such premises in accordance with those provisions. ⁵⁷

63 It was a defence for any person charged with a contravention of this provision to prove either:

1. that he did not know, and could not with reasonable diligence have ascertained, that the meat was unfit for human consumption or removed from a knacker's yard; or
2. that any meat removed from a slaughterhouse became unfit only after its removal. ⁵⁸

64 The Regulations imposed a prohibition against any person selling or offering or exposing for sale, by retail, any meat which was unfit for human consumption or any knacker meat unless that meat had been sterilised. ⁵⁹ For the purposes of this prohibition, a sale by retail did not include a sale of meat direct from a slaughterhouse or knacker's yard to a destination referred to in Regulation 17(1). ⁶⁰

65 It was a defence for any person charged with a contravention of this provision to prove that he did not know, and could not with reasonable diligence have ascertained, that the meat was meat to which this prohibition applied. ⁶¹

Requirements as to storage of meat

66 No person was permitted to store any unsterilised meat which was unfit, or not intended, for human consumption:

1. in the same room as any meat which was fit for human consumption, unless that meat was stored according to an arrangement which ensured that it was adequately separated from the meat which was fit for human consumption and that arrangement had been approved by the appropriate local authority; and
2. unless any container, wrapper, or other packaging used to hold the meat bore a notice of adequate size which was conspicuously visible and contained a distinct, legible and unambiguous statement to the effect that the meat held therein was not for human consumption, together with the name of the packer and the address at which the meat was packed. ⁶²

67 It was a defence for any person charged with a contravention of the provisions described at sub-paragraphs (i) to (ii) above to prove that he did not know, and could not with reasonable diligence have ascertained, that the meat was unfit, or not intended for, human consumption. ⁶³

Exemption in cases of lack of equipment or exhaustion of supplies

68 Meat unfit for human consumption and knacker meat could be removed unsterilised and unstained from a slaughterhouse or knacker's yard which was not equipped for the sterilisation of meat provided:

1. all the destinations referred to in Regulation 17(1) and to which it was reasonably practicable to deliver that meat were, by reason of permanent or temporary closure of the premises or breakdown of machinery or a trade dispute, unable to receive the meat;
2. the meat was transported in a vehicle or impervious container which was locked or sealed at all times and which bore a notice of adequate size which was conspicuously visible and contained a distinct, legible and unambiguous statement that the meat contained therein was not for human consumption; and
3. the meat was removed in accordance with an arrangement in writing with, and under the supervision of, an authorised officer of the local authority in whose district the slaughterhouse or knacker's yard was situated, to a place where it was buried or destroyed. ⁶⁴

69 Further, carcass meat unfit for human consumption or specified offal and knacker meat consisting of carcass meat or specified offal could be removed unsterilised and unstained from a slaughterhouse or knacker's yard which had exhausted and could not practicably replenish, its supplies of staining fluid, to a destination referred to in Regulation 17(1)(b) to (d). This could be done if that meat was delivered in accordance with an arrangement in writing with, and supervised by, an authorised officer of the local authority. ⁶⁵

70 The removal of any meat in accordance with these provisions exempted the occupier of the slaughterhouse or knacker's yard from any requirement imposed by the Regulations to sterilise or stain the meat. ⁶⁶

Requirements on movement

71 The 1982 MSSR imposed requirements on destinations and mode of transport, limiting what could be done at such destinations, and imposing, (with exceptions) a scheme of movement permits. These are described below.

72 Meat unfit, or not intended, for human consumption or knacker meat could be removed, in accordance with any movement permit required by the Regulations to be issued in respect of that movement, to one of the destinations identified in Regulation 17(1). These are listed in paragraph 43 above. ⁶⁷

73 Meat removed to a destination referred to in Regulation17(1)(b) to (e) was required to be removed in a vehicle or impervious container which:

1. was kept closed and locked or sealed at all times except when necessary for the loading or unloading of the contents or their examination by an authorised officer; and
2. bore a notice of adequate size which was conspicuously visible and contained a distinct legible and unambiguous statement to the effect that the meat carried therein was not for human consumption. ⁶⁸

74 Once meat unfit, or not intended, for human consumption, or knacker meat had reached any of the premises referred to in Regulation 17(1)(a) to (e) it could not be further removed from those premises unless that meat either: ⁶⁹

1. had been sterilised;
2. was removed from the premises referred to in Regulation 17(1)(e), and was intended to be delivered to another destination listed in Regulation 17(1)(a) to (e) and its removal to that destination was authorised by a movement permit issued pursuant to the Regulations; or
3. could not be disposed of at those premises by reason of permanent or temporary closure of the premises or breakdown of machinery or a trade dispute, and it was removed in accordance with an arrangement in writing with, and under the supervision of, an authorised officer of the local authority in whose district those premises were situated, to another destination referred to in Regulation 17(1)(a) to (d) or a place where it was buried or destroyed.

75 Regulation 19 set out the procedure to be followed in those cases where the Regulations required that removal of meat from certain premises take place under the authority of a movement permit. ⁷⁰ At least two working days before it was intended to remove the unsterilised meat from such premises, the occupier of the premises or owner of the meat had to apply to the local authority giving the following information:

1. the intended removal date;
2. the description of the meat;
3. the address and description of the premises to which the meat was to be delivered; and
4. the expected date of arrival of the meat at those premises. ⁷¹

76 Upon receipt of an application the local authority was required, without undue delay, to satisfy itself that the premises to which it was intended to deliver the unsterilised meat were premises of a kind referred to in Regulation 17(1) ⁷² and were capable of processing or otherwise disposing of the meat. If the premises were situated in the district of another local authority, the authority to whom the application was made was required to notify that other authority that the application had been made, and was required to take into account any information obtained from that authority in reaching its decision as to the nature of the premises. ⁷³

77 When the occupier of any premises, or the owner of any meat, to which the Regulation applied, regularly delivered unsterilised meat of a specific description to a particular destination, the authority in whose district the premises or meat were situated was required, on application being made to it stating the description of that meat and the address and description of that destination, to authorise in advance each such movement by issuing such quantity of movement permits as it considered appropriate. ⁷⁴

78 Movement permits were to be in the form specified in the schedule to the Regulations. The permit was divided into Parts I to V. When satisfied of the matters referred to in Regulation 19(2) ⁷⁵ a local authority was to complete Part I of the permit and issue to the applicant an original and three copies of the permit. ⁷⁶ Part I was as follows:

79 The occupier of the premises from which the unsterilised meat was removed under the authority of a movement permit was required to complete Part II of the document delivered to him and was required to give the original together with two copies to the driver of the vehicle in which the meat was removed and to keep the other copy for a period of two years. ⁷⁷

Part II was as follows:

80 Having completed Part II, the occupier handed the original and two of the copies to the driver of the vehicle in which the meat was removed and retained the third copy for at least two years. ⁷⁸

81 When the driver delivered the meat to the premises named in the movement permit he was required to give that permit to the occupier of those premises. ⁷⁹ The occupier was then required to complete Part III of the permit and to acknowledge receipt of the meat thus delivered to him by signing the original and two copies and was required, within seven days from the date of receipt of the meat, to send the original and one copy to the local authority in whose district his premises were situated. ⁸⁰ The occupier was required to retain the other copy for a period of two from the date on which he received that meat. ⁸¹ Part III was as follows:

82 If the driver was unable to deliver the meat to the premises named in the movement permit, he was required without delay to inform or cause to be informed either the local authority which issued the permit, or the local authority in whose area the delivery premises were situated. That authority was required without delay to authorise the delivery of the meat to another destination referred to in Regulation 17(1), or, if no such alternative destination was available, require the meat to be returned to the premises from which it was removed, or to be buried or destroyed under its supervision. The driver was required to hand the movement permit to the occupier of the premises to which the meat was delivered, or, in the case of its burial or destruction, to the supervising authority. ⁸²

83 The occupier of the premises to which the meat was delivered was required to complete Part IV of the movement permit and acknowledge receipt of the meat to which the permit related by signing the original and its two copies and was required, within seven days of the receipt of the meat, to send the original and one copy to the local authority in whose district his premises were situated. ⁸³ The occupier was required to retain the other copy for a period of two years from the date on which he received the meat to which it related. ⁸⁴ Part IV was as follows:

84 Any local authority which was sent a movement permit was required to complete Part V of that permit and to send the original to the authority which issued it and retain the copy for a period of two years. ⁸⁵ Part V was as follows:

85 Any person required to retain a document under Regulation 19 was required to make that document available for inspection by an authorised officer at any reasonable time. ⁸⁶

Enforcement

86 The local authority was to enforce and execute the provisions of the Regulations in its district. ⁸⁷ The primary means of enforcing the Regulations was provided by powers conferred upon authorised officers under the Food and Drugs Act 1955. An authorised officer (see paragraph 15 above) of a council, on producing, if required, authenticated documents showing his authority had a right to enter any premises at all reasonable hours for the purposes of:

1. ascertaining whether there was or had been on, or in connection with, the premises any contravention of the Regulations; and
2. performing the functions of the council under the Regulations. ⁸⁸

Admission to a private dwelling house was not to be demanded as of right unless 24 hours' notice of the intended entry had been given to the occupier.

87 If a JP, on sworn information in writing:

1. was satisfied that there was reasonable ground for entry into any premises for any such purpose set out above; and
2. was also satisfied either:
   
   
   1. that admission to the premises had been refused, or a refusal was apprehended and that notice of the intention to apply for a warrant had been given to the occupier; or
   2. that an application for admission, or the giving of such a notice would defeat the object of the entry, or that the case was one of urgency, or that the premises were unoccupied or the occupier was temporarily absent;

he had a power by warrant under his hand to authorise the council by any authorised officer to enter the premises, if need be by force. ⁸⁹ An authorised officer entering any premises pursuant to either of these provisions had a power to take with him such other persons as may have been necessary, and on leaving unoccupied premises which he had entered by virtue of a warrant, was required to leave those premises as effectively secured against trespassers as he found them. ⁹⁰

88 In addition, an authorised officer (see paragraph 15 above) of a council, on producing, if required, authenticated documents showing his authority had a right at all reasonable hours to enter any vehicle, stall or place other than premises for any purpose for which he was empowered under section 100. ⁹¹ In such circumstances the provisions outlined above in relation to entry to premises applied to any vehicle, stall or place other than premises as if a reference to the occupier referred to the person in charge of the vehicle, stall or place other than premises. ⁹²

89 Under the 1982 MSSR, an authorised officer had, at all reasonable times a power to examine any meat not fit or not intended for human consumption which had been sold, was offered or exposed for sale or was in the possession of, or had been deposited with or consigned to any person for the purpose of sale or preparation for sale. ⁹³ The authorised officer had a further power to seize the meat and remove it in order for it to be dealt with by a JP, if it appeared to the authorised officer that the meat was required by the Regulations either:

1. to be sterilised, but it had not been sterilised;
2. to be stained, but it had not been stained;
3. to bear a notice, but it did not bear a notice; or
4. to be accompanied by a movement permit, but it was not.

90 Having seized any meat under this power, the officer was required to inform the person in whose possession the meat was found of his intention to have it dealt with by a JP. ⁹⁴ Anyone liable for prosecution under the terms of the Regulations was entitled, if he attended before the JP, to be heard and to call witnesses. ⁹⁵ If it appeared to the JP that the meat brought before him, whether seized under the provisions of this Regulation of not, was meat to which the Regulations applied and was required to be but had not been dealt with in accordance with those Regulations, he was required to condemn it and order it to be destroyed or to be so dealt with. ⁹⁶ In the event that a JP refused to condemn any such meat, the council was required to compensate the owner of the meat for any depreciation in its value resulting from its seizure and removal. ⁹⁷

91 The Regulations also provided that if an authorised officer had reason to suspect that any vehicle or container contained any meat to which the Regulations applied and which was intended for sale or was in the course of delivery after sale, then he had a power to examine the contents, and, if necessary, detain the vehicle or container. ⁹⁸ In the event that he found any meat which was required to be but was not dealt with in accordance with the Regulations, the authorised officer was able to seize the meat and remove it as set out at paragraph 89 above.

92 Any person contravening or failing to comply with any provision of the Regulations, or knowingly or recklessly making a false statement or declaration in the Regulations for the movement of meat, was guilty of an offence. This rendered him liable on summary conviction to a fine not exceeding £100 or to imprisonment for a term not exceeding three months, or to both, and, in the case of continuing offence, to a further fine not exceeding £5 for each day during which the offence continued after conviction. ⁹⁹

93 All of the above restrictions in the 1982 MSSR were subject to the application of provisions of the Food and Drugs Act 1955 as follows: ¹⁰⁰

1. section 113 provided that a person against whom proceedings were brought was entitled to bring before the Court in proceedings any person to whose act or default he alleged that the contravention of the provisions in question was due and prove that the contravention was due to the act or default of that person;
2. section 115(2) imposed restrictions upon the circumstances in which it was possible for it to be a defence in a set of proceedings under the Act that a warranty had been given that any article or substance could be lawfully sold or dealt with under the name or description or for the purpose under or for which it was sold or dealt with;
3. section 116 set out offences of applying to an article or substance a warranty or certificate of analysis given in relation to another article or substance and of giving of a false warranty in writing, and provisions relating to those offences;
4. section 128 provided that an officer of the council acting in good faith in the execution or purported execution of the Act and within the scope of his employment was not to be held personally liable and that the council had a power to indemnify such an officer against any damages and costs in circumstances where he was not legally entitled to require such an indemnity.

94 Table 1 below summarises the principal requirements as to sterilisation and removal of unfit meat under the 1982 MSSR.

Table 1: Meat (Sterilisation & Staining) Regulations 1982: Principal requirements as to sterilisation & removal (excluding poultry and imported meat)