Legal Document

Title: The Public Health (Butchers) Regulation 1989
Type: Regulation
Issuing Agency: Ministry of Justice
Responsible Agency: Ministry of Health & Wellness
Issuing Date: 14-12-1989

THE PUBLIC HEALTH ACT

REGULATIONS

(under section 14)

The Public Health (Butchers) Regulation 1989

(Made by the Minister on the 14th day of December 1989)
[14th December 1989]

PART I - Preliminary

1. These Regulations may be cited as the Public Health (Butchers) Regulations, 1989.

2. (1) In these Regulations unless the context otherwise requires-

"abattoir" means premises approved and registered by the Local Board to be used for the slaughtering and dressing of animals the meat of which is intended for human consumption;

"animal" means any bull, steer, cow or other description d cattle or any pig, sheep, lamb, goat or kid, rabbit or other such mammals; and includes poultry, ducks. geese, turkeys, guinea fowls any other birds reared to produce meat:

"associate" means any person who by virtue of his association with a butcher has access to or is involved in the business of the slaughtering d animals, dressing, processing of carcasses or meat and the selling d meat;

"butcher" includes any person who-

(a) slaughters or causes to be slaughtered any animal; or

(b) prepares or processes the carcass of any animal or meat for human consumption;

"carcass" means the body of any slaughtered animals which has been bled and dressed for human consumption;

"disinfection" means the application of hygienic measures and appropriate chemical or other agents and processes to pre-cleaned surfaces or articles to free them from harmful and otherwise undesirable micro-organisms;

"dressed" or "dressing"-

(a) in relation to slaughtered cattle, means the removal ob head, hide, viscera (not including kidneys), genital organs. urinary bladder, the feet up to the carpal and tarsal joints, and the udders of cows, and of other cattle that have calved or are in advanced pregnancy;

(b) in relation to slaughtered pigs, means the removal of hair, bristles, claws, eyelids, viscera (not including kidneys), genital organs, urinary bladder, udders in the case of lactating animals, animals that have farrowed or are in advanced pregnancy, and the external acoustic duct unless in respect of that part, as an alternative, an effective form of cleaning is carried out;

(c) in relation to sheep and lambs, goats and kids, means the removal of the head, the pelt or skin (including that of the head), visce~a(not including the kidneys), genital organs, urinary bladder, and feet up to the carpal and tarsal joints, and udders of lactating animals. animals that have given birth or are in advanced pregnancy; and

(d) in relation to cattle and pigs, includes, where necessary, splitting of the carcass so as to divide the carcass lengthwise on the medial line;

"fit for human consumption" in relation to meat, means an article which has been inspected and passed and appropriately marked by an Inspector and in which no changes due to disease, decomposition or contamination have subsequently been observed;

"inspection" in relation to meat, means the prescribed examination of an animal or carcass by an Inspector and may include the taking of samples for laboratory analysis or any other further examination carried out by the Inspector prior to determining whether or not the meat is fit for human consumption;

"Inspector" means a Public Health Inspector or any qualified person duly authorized to inspect meat intended for human consumption ;

"Local Board" means the Local Board d Health in respect d each parish established under section 5 of the Public Health Act;

"meat" means the edible part of an animal slaughtered for human food;

"Medical Officer (Health)" means any medical practitioner appointed by the Governor-General to be a Media Officer (Health) and shall include the Chief Medical Officer and any other Medical Officer designated by the Minister to be a Medical Officer (Health) for the purposes of the Public Health Act;

"placed slaughter" means any abattoir or slaughter place;

"slaughter" means the killing of any animal (using an approved method of s~tunningand bleeding) the meat d which is intended for human consumption.

(2) These Regulations shall apply to the entire island


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PART II - Licences


3. No person shall operate as a butcher unless such person has a valid license, granted by the Local Board under regulation 4.

4.-(1) Applications for butchers' licences or renewal of such licences under these Regulations shall be in triplic~atein the form set out in Form 1 of the Schedule hereto.

(2) Every application for a licence under these Regulation8 shall be submitted to the Secretary of the Local Board and shall-

(a) be accompanied by two photographs of the applicant taken not more than three months prior to the dated his application (and which photograph shall remain valid for the duration of the licence granted on such application and for a further four years from the expiry of the licence);

(b) be accompanied by a bee d $50.00 per annum or such other fee as may from time to time be prescribed by the Local Board.

3) The Secretary of the Local Board shall without delay-

(a) cause one copy to be delivered to the Medical Officer (Health);

(b) cause one copy to be delivered to the Inspector of Police for the area; and

(c) notify the applicant of the time and place fixed for the consideration of the application by the Local board.

(4) Where any application made under this regulation is unsuccesdud, the applicant shall be refunded one-half of the fees paid in by him.

5. Every person making application for a licence or renewal thereof shall attend on the Medical Officer (Health) and submit to such examination as the Medical Officer (Health) may require.

6.(1)So as to allow any person within a district to object to the granting to any applicant of a butcher's licence, the Local Board, on receipt of an application for a butcher's licence, shall conspicuously exhibit a copy of such application on the front of the Post Office or any other public building within the district where the applicant carries on or intends to carry on business.

(2) Any objection referred to in paragraph (1) shall be made not less than ten days before the date fixed for consideration of the application and shall-

(a) be in writing;

(b) state the name and address of the person making the objection; and

(c) state the grounds for such objection, and the copy of such objection shall be forwarded with by the Local Board to the applicant for the butcher's licence.

7.(1) On the receipt of an application for a butcher's licence, an Inspsctor of Police shall-

(a) make enquiry as to the a header d the applicant and as to such other mattess as to him may seem necessary; and

(b) endorse on the application the results of his enquiries.

(2) It shall be the duty d the Inspector of Police to forward to the Secretary of the Local Board at least three days before the date fixed for the consideration of the application, the endorsed application form, and any other pertinent documents.

8. The Medical Officer (Health), on receipt under regulation 4 of an application, shall cause a Public Health Inspector or any other person so authorized to inspect the premises to be used under licence and mentioned in the application, in order to certify that-

(a) the premises on which slaughtering is to take place and on which meat is to be dressed or offered for sale, meet public health standards and is not likely to constitute a nuisance to the neighborhood if the licence is granted;

(b) the equipment and facilities provided on the premises mentioned in the application are sufficient to meet with the approval of the Public Health Department; and

(c) the method of transportation of animals, carcasses and meat, and the storage of meat, is not likely to allow for contamination and spoilage.

9.-(1) On the date fixed to consider an application for or any objection (made pursuant to regulation 6) to the application for a butcher's licence, the Local Board, the person making the objection

and the applicant may have representatives present and all parties shall take with them all the documents and other information needed

to allow for a just decision by the Local Board.

(2) The Local Board shall hear such evidence as may be called and, where there are witnesses, may examine them.

(3) The Local Board, after considering an application for a butcher's licence and any objection thereto and the report and recom- mendations and any other pertinent document from the Medical Officer (Health). Public Health Inspector or any other person thereto authorized. may examine of premises to be licensed.

(a) grant the applicant a licence, in the form set out in Form 2 of the Schedule hereto, to operate as a butcher, subject to such conditions (if any) as the Local Board consider necessary;

(b) refuse to grant such licence, stating in writing the reason for such refusal.

10.-(1) Every butcher's licence shall be in the form set out in Form 2 of the Schedule hereto and shall specify the following information-

(a) the name and address d the butcher;

(b) the permitted days and hours d slaughter;

(c) the location of the place of slaughter;

(d) the type of animals permitted to be slaughtered;

(e) the number of animals permitted to be slaughtered.

(2) A butcher's licence shall, unless cancelled, suspended or revoked, remain valid for one year from the date of its issue and may be renewed for a further one year period on each re-application to the Local Board for such renewal.

11.-(1) The Local Board may, at any time, cancel, revoke or suspend a butcher's licence; or after considering an application. recommendation or report, alter the conditions of a licence, giving reasons for such action in writing.

(2) A butcher's licence may be revoked or suspended if-

(a) the person so licensed is suffering from an infectious disease;

(b) the continued operation d the licensed person at the place of slaughter or in the meat trade is or may be detrimental to public health;

(c) a breach of the terms of the butcher's licence has been corn- mitted;

(d) a breach of these Regulations has been committed;

(e) it has been discovered that false information had been given in the process of acquiring or operating the butcher's licence.

(3) Any person aggrieved by the revocation or suspension of a licence may appeal to the Minister, whose decision shall be final.

(4) The Local Board of Health with the approval d the Minister may, from time to time, by notice published in the Gazette, state additional requirements to be met in respect of the conditions for being licensed as a butcher.


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PART III -Duties of Butchers

12. (1) Every butcher shall-

(a) on request, produce his license for inspection to-

(i) an officer d the Local Board; (ii) a Medical Officer (Health); (iii) a Public Health Inspector;

(iv) any member of the Jamaica Constabulary Force; or (v) any other person so auth~rizedin writing;

(b) keep records in the form set w t in Form 3 of the Schedule hereto concerning-

(i) himself and all employees, associates, assistants and other such persons, indicating names and addresses; and

(ii) all animals slaughtered and the particulars specified.

(2) All records referred to in paragraph (1) shall, on request, be produced for inspeotion to an officer of the Local Board, a Medical Officer (Health), a Public Health Inspector, a police officer or any other person so authorized in writing.

13.-(1) No butcher shall offer employment or employ or keep in his employ any person who has or is suspected of having an infectious disease or who cannot or refuses to produce a valid food handler's permit.

(2) Every butcher shall ensure that all persons employed by him and engaged in the slaughtering of animals and in the preparation of classes and the processing of meat-

(a) wear clean, protective clothing and appropriate headgear, and operate in a sanitary manner in order to minimise sources of contamination of meat and to ensure the good hygiene of operating personnel; and

(b) refrain from smoking, chewing smoking material or spitting anywhere in the place of slaughter.

(3) The butcher shall ensure that clear signs are placed in conspicuous parts of the building and premises prohibiting the conduct referred to in paragraph (2).

14. Unless permission to do otherwise has been given in writing by the Veterinary Officer, Medical Officer (Health), Public Health Inspector or any other person so authorized, the butcher shall ensure

that every animal intended to be slaughtered to produce meat for human consumption is taken to the place of slaughter not less than six hours before the slaughtering.

15. Every butcher shall allow an inspector to carry out ante-mortem inspections in respect of animals which the butcher intends to slaughter to produce meat for human consumption.

16. (1) No butcher shall-

(a) allow for or cause to be slaughtered, or assist in the slaughtering of any animal which has been determined by an Inspector to be unfit for slaughter; or

(b) slaughter animals other than at his place of slaughter unless permission in writing has been given by the Medical Officer (Health), Public Health Inspector or any other person So authorized.

(2) Every butcher shall-

(a) ensure that he slaughters and bleeds animals using such methods as will ensure complete bleeding of the carcasses and the hygienic condition d the meat;

(b) ensure that during the dressing of carcasses that equipment and facilities, including a skinning cradle or a hoist, are used to prevent contact between any part of the carcass and the ground or floor;

(c) separate the different carcasses and parts of carcasses to ensure clear identification, reduce contamination and facilitate inspection; and

(d) ensure that no carcass or portion of any carcass or meat is removed from the place of slaughter until after inspection is completed.

(3) The butcher shall-

(a) collect and handle any blood to be used in food preparation in a hygienic manner, with minimum chance of contamination of same;

(b) remove from the slaughtering hall edible offal to a designated area to be washed and cleansed and rendered fit for human consumption;


PART IV - Place of Slaughter


19. No person shall smoke, chew smoking material or spit anywhere in a place of slaughter.

20. No butcher or his associates, employees, assistants or any other such person shall sell meat at any place of slaughter or any other place not designated by a Public Health Inspector to be a place of sale for meat.

PART V - Oficial Stamps and Marks

21. Where after an inspection in accordance with these Regulations an

Inspector is satisfied that any meat is fit for human consumption. he shall stamp the meat with a mark of the kind and in the appropriate manner described in Schedule TI to the Public Health (Meat Inspection) Regulations, 1989.

22. No person shall mark or stamp any carcass or partition of a carcass or any meat with a mark or stamp so resembling the mark or stamp used by an Inspector so as to deceive the public or any member of the public that such meat has been inspected and passed by an Inspector as fit for human consumption.

23. It shall be the duty of any butcher whose meat has been inspected, but not marked or stamped. to produce a certificate stating the fact of such inspect!'on and signed by the Inspector who carried out the inspection.

24. Any butcher or his associate, employee, assistant or any other person found selling or offering for sale any uninspected meat or any meat not marked or stamped by an Inspector shall be guilty of an offence.

PART VI - Condemned Meat


25.-(1) Where meat is condemned by an Inspector as unfit for meat to be human consumption, such meat shall become the property of the Local Board and shall forthwith be sei7ed by the Inspector and, except in the case where an appeal has been entered pursuant l~ regulation 28 or a second opinion requested pursuant to regulation 27, the sei7ed meat shall be rendered further inedible for human consumption by an approved process of denaturing or other approved means prior to final disposal by the Inspector.

(2) Except where otherwise stipulated in writing by the Local Board, final disposal d condemned meat shall be carried out under the supervision of the Inspector.

26. No person shall sell, offer for sale or prepare for sale, any meat which has been condemned as unfit for human consumption.

27. Any butcher, his associate, employee, assistant or other such person who is aggrieved by, or objects to, the condemnation and seizure d meat which has been condemned as unfit for human consuimption, may within six hours of such decision request a second opinion on the Inspector's decision.

28. An appeal against the decision of an Inspector may be made to the Veterinary Officer d the parish or his deputy, provided that notice of the intention to make such an appeal is forthwith given to the Inspector.

PART VII - Penalties

29. Any person who contravenes or fails to comply with any d the provisions or these Regulation8 shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding two thousand dollars and in default of payment to imprisonment for a term not exceeding twelve months.


 

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