Day 105 - 16 Mar 95 - Page 35


     
     1        authorities will decide from then on whether, for example,
     2        they should keep the meat overnight or what they should do
     3        with it.
     4
     5   MR. MORRIS:  Or close the plant down?
     6        A.  No, no, not in the detention room.  You made a specific
     7        point that Jarretts have not complied with the law, even
     8        though it is in the context of work plans and, seeing that
     9        you have raised the point, I must point out to you that
    10        meat which has been detained is in the possession of the
    11        official veterinary surgeon.
    12
    13   Q.   And some of it comes back into the plant, does it not?
    14        A.  If it is passed and health marked, indeed. If it is
    15        not, it is rejected and goes the other way.
    16
    17   MS. STEEL:  It is not the responsibility of the official
    18        veterinary surgeon to provide a refrigerated detention
    19        room, is it?  That is the responsibility of the abattoir?
    20        A.  Indeed, but it is the responsibility of the official
    21        veterinary surgeon to decide on whether that meat is fit
    22        for consumption or not after it has been detained.
    23
    24   MR. MORRIS:  But what we are saying, Mr. Bennett, is
    25        asking -----
    26
    27   MR. JUSTICE BELL:  We appreciate what you are saying.  What he
    28        is saying is:  Accept that it is not chilled, accept,
    29        therefore, that there is a potential for the
    30        microbiological count to increase.  It is under the
    31        supervision of the OVS, and it should not go back into the
    32        line if it is unfit for human consumption.  It may be that
    33        if it is not chilled, it will be more likely that it will
    34        remain or become unfit for human consumption.  But the
    35        chilling is a mechanism towards an end; it is not the end
    36        in itself.  That is what is being put back to you.
    37
    38   MR. MORRIS:  Yes, but also what I am actually putting is that
    39        even though that breached EC requirements and they have
    40        continued to receive a licence for seven years, therefore,
    41        when Mr. Rampton (as he frequently does) says:  "This was a
    42        terrific plant because it was EC licensed", in fact,
    43        because something is licensed does not mean to say that
    44        they automatically carrying out all the requirements they
    45        are expected to carry out.
    46
    47   MR. RAMPTON:  My Lord, I am sorry to intervene but this really
    48        is a matter of law.  Sooner or later Mr. Morris is, whether
    49        through your Lordship, I do not know, going to have to try
    50        to grasp the nature and effect of an EC Directive so far as 
    51        it bears legal requirements. 
    52 
    53   MR. JUSTICE BELL:  I will need some help on that in future.
    54        I am not content to rest on my shaky knowledge at the
    55        moment.  We will have to do some looking up and see just
    56        what it does mean.
    57
    58   MS. STEEL:  I do not think that Mr. Rampton should keep saying
    59        or the Plaintiffs should keep saying:  "Everything is fine
    60        and hunky-dory because they are complying with EC

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