R (Newby Foods Limited) v Food Standards Agency (No. 9) [2016] EWHC 408 (Admin) - Regulation (EC) No 853/2004 – Article 11 TFEU.
- desinewed meat – mechanically separated meat – EC hygiene of foodstuffs regulations.
1) & 4) fact-finding is the province of the national court, not that of the CJEU.
2) deboning does not have to involve the removal of the bulk of the originally attached meat.
3) appropriate to adopt interpretation of EU law which promotes sustainable development provided for by Article 11 TFEU.
- loss or modification of the muscle fibre structure of meat does not render it MSM if strictly confined to the “cutting point”.
- the “cutting point” is every point at which meat severed or separated during process of recovering it from the bone.
4) contrary to the CJEU’s conclusion, the product in this case was not, on the facts, “bone scrapings”.
5) the product, in this case, was not a ‘meat preparation’ within (EC) No 853/2004.
6) desinewed meat could, on the facts, fall outside definition of ‘mechanically separated meat’ and hence count towards meat content of a product.
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