BSE controls final report, 20 December 2000, section 12, The controls: Private kills

67.It has hitherto been widely considered that farmers have the right to slaughter their own animals on farm for their own consumption. In such circumstances neither the general meat hygiene legislation nor the OTM and SRM rules apply. This is because the Food Safety Act 1990 powers under which the rules were made can be used to make regulations for the purpose only of securing the safety of food intended for sale for human consumption. Therefore, although such meat may be supplied to the farmer’s immediate family (i.e. those living within his or her household) it may not be sold for human consumption. Under the Food Safety Act "sale" has an extended meaning which includes "the supply of food, otherwise than on sale, in the course of a business". In this context "business" has a very wide definition, which makes it clear that it does not have to be carried on for profit. Organisations such as the WI, the WRVS and farmers running a bed and breakfast enterprise would therefore be held to be running a business.

68.In addition, some animals have been slaughtered in unlicensed slaughterhouses (i.e. those not licensed under the Fresh Meat Regulations⁴⁹ and therefore not subject to supervision and meat inspection by the Meat Hygiene Service) for farmers who then had the meat returned to them for their own personal consumption. Legal advice has in the past been that the supply of such meat back to farmers in these circumstances does not constitute a "sale" and that the general hygiene requirements of the Fresh Meat Regulations did not therefore apply. However, since March 1999 legal advice, with which FSA legal advisers agree, is that supply in such circumstances would constitute a "sale" and would thus be illegal under the Fresh Meat Regulations. Either way, it is widely accepted that any subsequent "sale" of such meat by the farmer would be illegal under the Fresh Meat Regulations. In relation to the OTM and SRM rules, it is considered that these do apply in any circumstances which fall within the extended definition of "sale". This would include slaughter in an unlicensed abattoir or any other place, for example by an itinerant slaughterman, where the supply of the meat back to the owner of the animal can be considered to be "supply in the course of a business".

69.This issue needs to be addressed since it is possible that meat which has not been produced in a licensed slaughterhouse under official supervision could be diverted to consumers other than the farmer's immediate family or household. Such supply would be unlawful under the Fresh Meat Regulations, and has been for many years. We will be discussing with Local Authorities ways in which the enforcement of the various food safety controls could be tightened for private kill meat, particularly the supply of meat from unlicensed slaughterhouses back to farmers. In the meantime we advise consumers not to buy or accept meat from anything other than a reputable source so that they can be sure that it complies with the OTM and SRM rules as well as the more general meat hygiene requirements. Whilst local authorities have for some time had responsibility for enforcing the OTM and SRM rules outside licensed premises throughout GB, this is not the case with the Fresh Meat Regulations. However, as a result of the introduction of the Enhanced Enforcement Powers Regulations⁵⁰ earlier this year, local authorities in England and Scotland now have responsibility for enforcing the Fresh Meat Regulations outside licensed premises (which remain the responsibility of the Meat Hygiene Service). Local authorities in Wales will acquire such responsibility shortly. The FSA will issue detailed guidance shortly to local authorities (and other stakeholders) about the extent to which the current general hygiene, OTM and SRM legislation applies to private kills and private kill meat produced other than in licensed premises.

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49 - The Fresh Meat (Hygiene and Inspection) Regulations 1995 (as amended) (SI 1995/539)

50 - The Meat (Enhanced Enforcement Powers) (England) Regulations 2000 (SI 2000/225) and the Meat (Enhanced Enforcement Powers) (Scotland) Regulations 2000 (SSI 2000/171)