The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998

Additional conditions relating to certain third country imports of fishery products

43

• (1) Subject to paragraph (4) and regulation 46, no person shall import any fishery products which are for human consumption—

• (a) from a third country;

• (b) from another country or territory within the European Community if those fishery products do not originate from within the European Economic Area²¹, except where those products were in free circulation in that country or territory within the European Community;

• (c) from an EEA State which is not also a member State of the European Community, except where those fishery products originate from within the European Economic Area,

unless the conditions specified in paragraph (2) or alternatively, if those fishery products originate in a country in respect of which the European Commission has adopted approved import conditions for fishery products and those fishery products fall within the scope of those approved import conditions, paragraph (3) are satisfied in relation to those fishery products which he imports.

• (2) The conditions in paragraph (2) referred to in paragraph (1) are that the fishery products—

• (a) if dispatched to Great Britain from their country of origin—

• (i) before 22nd April 1998—

• (aa) have their country of origin shown clearly on their labelling, and

• (bb) are only to be marketed in the British Islands or in an EEA State other than the United Kingdom according to the derogation mentioned in article 3.2 of Commission Decision 97/296/EC²² drawing up the list of third countries from which the import of fishery products is authorised for human consumption,

• (ii) on or after 22nd April 1998, originate in one of the third countries listed in Part II of the Annex to Commission Decision 97/296/EC;

• (b) come from an approved establishment or vessel inspected by a competent authority of the State of origin of those products;

• (c) comprise or are part of a consignment which is accompanied by a numbered, original, duly completed health certificate which—

• (i) comprises a single sheet of paper,

• (ii) is drawn up in English and, if necessary, in an official language of the country or territory for which those fishery products are destined,

• (iii) contains the information mentioned in the specimen health certificate set out in the Annex to Commission Decision 95/328 EC²³ of 25th July 1995 establishing health certification for fishery products from third countries which are not yet covered by a specific decision, and

• (iv) contains the health attestation mentioned in that specimen health certificate, duly signed and dated by an official inspector duly appointed by the competent authority of the State of origin of those products; and

• (d) if they are or include processed shellfish, the processed shellfish (or parts thereof) originate in one of the third countries listed in the Annex to Commission Decision 97/20/EC establishing the list of third countries fulfilling the equivalence conditions for the production and placing on the market of bivalve molluscs, echinoderms, tunicates and marine gastropods²⁴, but this paragraph shall not apply to adductor muscles, completely separated from viscera and gonads, of wild pectinidae.

• (3) The conditions in paragraph (3) referred to in paragraph (1) are that a person importing fishery products in circumstances where those products—

• (a) originate in a third country in respect of which the European Commission has adopted approved import conditions for fishery products; and

• (b) fall within the scope of those approved import conditions,

shall import those products in accordance with those approved import conditions.

• (4) Fishery products which—

• (a) originate in a third country;

• (b) were caught in their natural environment; and

• (c) have not or had not been on land prior to their importation into the European Community,

need not be accompanied by any health certificate which would otherwise be required under paragraph (2) or (3).

• (5) In paragraph (1) 22nd April 1998 means the date on which the derogation mentioned in article 3.2 of Commission Decision 97/296/EC comes to an end or, if that date is deferred, the deferred date.

General restriction on importing live shellfish

44

• (1) Subject to paragraph (2) and regulation 46, no person shall import any live shellfish which are for human consumption, unless (without prejudice to any restrictions imposed under the Fish Health Regulations 1992²⁵ or the Shellfish and Specified Fish (Third Country Imports) Order 1992²⁶)—

• (a) they are products in respect of which the applicable requirements of the Live Bivalve Molluscs Directive are satisfied (the requirements of this Directive which are capable of being applicable in these circumstances are those mentioned in Part V of Schedule 1); and

• (b) any additional conditions imposed under regulation 45 are satisfied,

in relation to those live shellfish which he imports.

• (2) Live bivalve molluscs belonging to the species Acanthocardia tuberculatum may be imported from Spain which were harvested from production areas where the paralytic shellfish poison level in the edible parts of these molluscs is higher than 80 micrograms per 100 grams but lower than 300 micrograms per 100 grams, but only if the conditions set out in articles 2 and 3 of Commission Decision 96/77/EC²⁷ of 18th January 1996 establishing the conditions for the harvesting and processing of certain bivalve molluscs coming from areas where the paralytic shellfish poison level exceeds the limit laid down by the Live Bivalve Molluscs Directive are satisfied in relation to those molluscs which are imported from such production areas.

Additional conditions relating to certain third country imports of live shellfish

45

• (1) Subject to regulation 46, no person shall import any live shellfish which are for human consumption—

• (a) from a third country;

• (b) from another country or territory within the European Community if those live shellfish do not originate from within the European Economic Area²⁸, except where those live shellfish were in free circulation in that country or territory within the European Community;

• (c) from an EEA State which is not also a member State of the European Community, except where those live shellfish originate from within the European Economic Area,

unless the conditions specified in paragraph (2) or alternatively, if those live shellfish originate in a country in respect of which the European Commission has adopted approved import conditions for live shellfish and those live shellfish fall within the scope of those approved import conditions, paragraph (3) are satisfied in relation to those live shellfish which he imports.

• (2) The conditions in paragraph (2) referred to in paragraph (1) are that—

• (a) the live shellfish originate in one of the third countries listed in the Annex to Commission Decision 97/20/EC establishing the list of third countries fulfilling the equivalence conditions for the production and placing on the market of bivalve molluscs, echinoderms, tunicates and marine gastropods;

• (b) the live shellfish shall have been harvested from a production area checked and approved by the competent authority of the State of origin of those shellfish;

• (c) if the live shellfish are for direct human consumption, those live shellfish comprise or are part of a consignment which is accompanied by a numbered, original, duly completed health certificate which—

• (i) comprises a single sheet of paper,

• (ii) is drawn up in English and, if necessary, in an official language of the country or territory for which those live shellfish are destined,

• (iii) contains the information mentioned in the specimen health certificate set out in Annex I to Commission Decision 96/333/EC²⁹ establishing health certification of live bivalve molluscs, echinoderms, tunicates and marine gastropods from third countries which are not covered by a specific decision, and

• (iv) contains the health attestation mentioned in that specimen health certificate, duly signed, stamped and dated (all of which shall be in a colour different from that of the other printing on the certificate) by an official inspector duly appointed by the competent authority of the State of origin of those shellfish;

• (d) if the live shellfish are for purification in an approved purification centre, for relaying at a designated relaying area or for processing at an approved establishment, those live shellfish comprise or are part of a consignment which is accompanied by a numbered, original, duly completed health certificate which—

• (i) comprises a single sheet of paper,

• (ii) is drawn up in English and, if necessary, in an official language of the country or territory for which those live shellfish are destined,

• (iii) contains the information mentioned in the specimen health certificate set out in Annex II to Commission Decision 96/333/EC, and

• (iv) contains the health attestation mentioned in that specimen health certificate, duly signed, stamped and dated (all of which shall be in a colour different from that of the other printing on the certificate) by an official inspector duly appointed by the competent authority of the State of origin of those live shellfish.

• (3) The conditions in paragraph (3) referred to in paragraph (1) are that a person importing live shellfish in circumstances where those live shellfish—

• (a) originate in a third country in respect of which the European Commission has adopted approved import conditions for live shellfish; and

• (b) fall within the scope of those approved import conditions,

shall import those live shellfish in accordance with those approved import conditions.

Exemption for private consignments

46

This Part shall not apply to a person importing a private consignment—

• (a) from a country or territory within the European Community, unless that consignment is a consignment of trade samples which weighs more than 10 kilograms; or

• (b) from any other country or territory, if that consignment weighs 1 kilogram or less.

PART V — INSPECTION CHARGES FOR DIRECT LANDINGS FROM THIRD COUNTRY VESSELS

Interpretation of Part V

47

• (1) In this Part, unless the context otherwise requires—

• “chargeable transaction” shall be construed in accordance with regulation 48(1);

• “ECU” means European Currency Unit, and any reference in this Part to a specified number of ECU shall be taken to be a reference to the sterling equivalent of that number of ECU;

• “reducible element” shall be construed in accordance with regulation 50(1);

• “relevant fishery products” means imported fishery products which— originate in a country or territory which is not part of the customs territory of the European Community other than Greenland; were caught in their natural environment; have not or had not been on land prior to their importation or proposed importation into the European Community; are or will be landed in Great Britain; and are intended for placing on the market for human consumption;

• “third country direct landings charge” shall be construed in accordance with regulation 48(1);

• “vendor” includes an agent selling fishery products on behalf of the owner or master of a fishing vessel.

• (2) The sterling equivalent of any amount expressed in this Part as a number of ECU shall be converted to sterling at the official rate, which is published annually in the C Series of the Official Journal of the European Communities normally on the first working day of the month of September.

Charge in respect of official checks on third country direct landings

48

• (1) When any relevant fishery products are sold for the first time in Great Britain (referred to in this Part as a “chargeable transaction”), the vendor of those products shall include in the price which the first purchaser is required to pay for them an amount referred to in this Part as the “third country direct landings charge”.

• (2) Subject to regulation 50, the amount of the third country direct landings charge shall be—

• (a) in respect of allaying the expenditure incurred in carrying out the checks mentioned in Section II of Chapter V of Schedule 3 (special checks), ECU 1 per tonne of relevant fishery products for the first 50 tonnes and ECU 0.5 per tonne thereafter, except that any charge in respect of—

• (i) herring of the species Clupea harengus,

• (ii) sardines of the species Sardina pilchardus,

• (iii) mackerel of the species Scomber scombrus or Scomber japonicus,

• (iv) horse mackerel,

• (v) anchovies,

• (vi) picarels of the species Maena smaris,

shall not exceed ECU 50 per consignment unloaded, if the actual costs do not exceed that amount; and

• (b) in respect of allaying the expenditure incurred in carrying out checks on vessels and on conditions of landing, ECU 1 per tonne,

and the vendor of the products to which the amount relates shall be entitled to recover the amount from the first purchaser as a civil debt.

Sum payable by vendors to food authorities

49

• (1) Subject to paragraph (2), a sum equal to the amount of any third country direct landings charge which a vendor is required to include in the purchase price of any relevant fishery products shall be payable by him to the food authority in whose area the chargeable transaction takes place.

• (2) If the chargeable transaction takes place before the fishery products are landed in Great Britain, a sum equal to the amount of any third country direct landings charge which a vendor is required to include in the purchase price shall be payable by him to the food authority responsible for the checks provided for in Section II of Chapter V of Schedule 3 in respect of those products.

• (3) Any sum payable to a food authority under this regulation shall be recoverable as a civil debt.

The reducible element of the charge

50

• (1) A vendor who enters into a chargeable transaction may, with the consent of the food authority for the area where the chargeable transaction takes place, reduce by such amount as the food authority considers reasonable the part of the third country direct landings charge which is calculated in accordance with regulation 48(2)(a) (referred to in this Part hereafter as “the reducible element”) in circumstances where any of the checks mentioned in Section II of Chapter V of Schedule 3 are or were facilitated by one or more of the following factors—

• (a) the fish are or were graded for freshness and/or size in accordance with relevant national or Community rules;

• (b) the first sale transactions are or were grouped together, in particular at an auction or wholesale market,

except that the reducible element shall not be reduced by more than 55% of the total amount that the reducible element would be, if it were not reduced.

• (2) A vendor who considers that in respect of a chargeable transaction a food authority has unreasonably refused to consent—

• (a) to a reduction in the reducible element of the charge; or

• (b) to a reduction in the reducible element of the charge by a larger amount than the amount by which the food authority has agreed that the reducible element of the charge may be reduced,

may appeal against the food authority’s decision to a magistrates' court or, in Scotland, to the sheriff, and section 37(3) to (6) of the Act shall apply in relation to such an appeal as it applies in relation to an appeal under section 37(1)(c) of the Act.

• (3) On an appeal, the court may—

• (a) confirm the decision of the food authority;

• (b) reduce the amount of the reducible element of the charge to the level it thinks fit, except that the court shall not reduce the reducible element by an amount which results in a total reduction of more than 55% of the total amount that the reducible element would be, if it were not reduced.

• (4) Pending the outcome of the appeal—

• (a) the original amount of the charge shall remain payable by the first purchaser to the vendor; and

• (b) a sum equal to the original amount of the charge shall remain payable by the vendor to the food authority,

but if after the court’s decision the amount of the charge needs to be recalculated, the new amount of the charge, and the sum equal to that new amount which is payable to the food authority, shall have effect from the date on which the original charge was made.

• (5) If, as a result of the recalculation of the amount of a third country direct landings charge by a court, a vendor of relevant fishery products has made an overpayment to a food authority in respect of a sum payable under this Part, the food authority shall reimburse the vendor as appropriate.

Collection and remittance arrangements

51

• (1) A vendor who has entered into a chargeable transaction shall within seven days after the end of the week during which the chargeable transaction took place make a return to the food authority in respect of the chargeable transaction, and he shall include in that return the following information—

• (a) the date of the chargeable transaction;

• (b) a description of the fishery products sold (sufficient for the purposes of identifying whether any of the products fall into one of the categories listed in regulation 48(1)(a));

• (c) the net weight of each description of fishery products sold;

• (d) the purchaser;

• (e) the amount of the third country direct landings charge;

• (f) the amount of any reduction in the reducible element of the charge; and

• (g) the place of landing of the fishery products sold and the country or territory in which the products originate³⁰.

• (2) In any case where, in respect of any relevant fishery products—

• (a) the food authority responsible for checks on vessels and on conditions of landing (“the general monitoring authority”); or

• (b) the food authority responsible for the checks provided for in Section II of Chapter V of Schedule 3 (“the special checks authority”),

is different from the food authority to which the first vendor of the products is required to pay a sum equal to the amount of the third country direct landings charge (“the recipient authority”), the recipient authority shall remit to the general monitoring authority or, as the case may be, the special checks authority a sum equal to any amount received from the vendor which is referable to checks for which the general monitoring authority or, as the case may be, the special checks authority is responsible.

PART VI — ENFORCEMENT, PENALTIES AND REVOCATIONS

Functions of the Ministers and food authorities

52

• (1) Subject to paragraph (2)(b), the Ministers shall perform the functions assigned to them by Chapters III and VI of Schedule 2.

• (2) Each food authority shall perform—

• (a) the functions assigned to them by Chapters III and VI of Schedule 2; and

• (b) any function of the Ministers specified in paragraph 1 of Chapter VI of Schedule 2 which the Ministers require the food authority to undertake on their behalf.

• (3) The Ministers and food authorities shall perform the functions assigned to them by Chapter V of Schedule 3.

Offences and penalties

53

• (1) If a person contravenes any provision of regulations 8 to 10, 13, 16 to 19(1), 21(1), (2) and (4), 22(1) to (3), 23, 25, 28 to 30, or 33 to 40, he shall be guilty of an offence against these Regulations.

• (2) Subject to paragraph (3), a person guilty of an offence against these Regulations shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or both.

• (3) Any person who—

• (a) without reasonable cause, fails to give any person acting on behalf of a food authority in matters arising under Part V any assistance or information which that person may reasonably require of him in connection with such matters; or

• (b) in purported compliance with any such requirement as is mentioned in sub-paragraph (a) intentionally or recklessly furnishes information which is false or misleading in a material particular,

shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (4) A food authority in England or Wales may institute proceedings under paragraph (3).

Enforcement of Parts II and III

54

Except where otherwise specified, each food authority shall enforce and execute Parts II and III within their area.

Application of provisions of the Act for the purposes of Parts II and III

55

• (1) The following provisions of the Act shall apply for the purposes of Parts II and III as they apply for the purposes of sections 8, 14 and 15 of the Act, and unless the context otherwise requires, a reference in them to the Act shall for the purposes of Parts II and III be construed as a reference to these Regulations—

• (a) section 3 (presumptions that food intended for human consumption);

• (b) section 20 (offences due to fault of another person);

• (c) section 21 (defence of due diligence);

• (d) section 30(8) (which relates to documentary evidence);

• (e) section 33 (obstruction etc. of officers);

• (f) section 34 (time limit for prosecutions);

• (g) section 36 (offences by body corporate), subject to the following modifications—

• (i) after the words “body corporate”, at the three places where they occur in section 36(1) of the Act, there shall be inserted the words “or Scottish partnership”, and

• (ii) for the word “secretary” there shall be substituted the words “secretary, partner”;

• (h) section 44 (protection of officers acting in good faith).

• (2) Section 6(3) of the Act (discharge of duties of food authorities by Ministers) shall apply as respects functions imposed on food authorities under Parts II and III as it does as respects a duty imposed on a food authority by section 6(2) of the Act.

• (3) Section 32 of the Act (powers of entry) shall apply for the purposes of Parts II and III as though—

• (a) any reference to premises included a reference to a fishing vessel, a factory vessel or any vessel used for the transporting of live shellfish to a relaying area or dispatch or purification centre (in so far as it does not already do so);

• (b) and any reference to an occupier included a reference to the master or other person in charge of a vessel mentioned in sub-paragraph (a) (in so far as it does not already do so).

• (4) Section 58(1) of the Act (territorial waters and continental shelf) shall apply for the purposes of Parts II and III as it applies for the purposes of the Act.

Enforcement of Part IV

56

For the purposes of the Products of Animal Origin (Import and Export) Regulations 1996³¹ (in this paragraph referred to as “the Import and Export Regulations”)—

• (a) the conditions set out in Part IV shall be treated as health conditions (whether or not they are health conditions as defined in the Import and Export Regulations); and

• (b) those conditions shall be enforced as health conditions—

• (i) by a local authority or the Minister (or by an authorised officer of the local authority or the Minister), which ever has the responsibility under the Import and Export Regulations for enforcing health conditions in the particular circumstances of the case,

• (ii) in accordance with the procedures set out in the Import and Export Regulations, and

• (iii) subject to the penalties and other sanctions set out in the Import and Export Regulations.

Food treated as failing to comply with food safety requirements

57

• (1) A food authority may certify any fishery products or live shellfish in respect of which any applicable requirements of Part II or III are not met as being a food or food source which fails to comply with these Regulations.

• (2) Any fishery products or live shellfish which in accordance with paragraph (1) are certified as being a food or food source which fails to comply with these Regulations may be treated for the purpose of section 9 of the Act as failing to comply with food safety requirements.

Amendment of other Regulations

58

• (1) After sub-paragraph (h) of paragraph (2) of regulation 3 of the Food Premises (Registration) Regulations 1991³² there shall be inserted—

(i) as a dispatch centre, purification centre, factory vessel or fishery products establishment which is approved under, or an auction or wholesale market which is registered under, the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998. unless

• (2) Regulation 3(2) of the Food Safety (General Food Hygiene) Regulations 1995³³ shall be amended as follows—

• (a) sub-paragraphs (a) to (e) shall be omitted; and

• (b) after sub-paragraph (m) there shall be inserted the following paragraph—

(n) the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

• (3) Regulation 3 of the Food Safety (Temperature Control) Regulations 1995³⁴ shall be amended as follows—

• (a) paragraph (2)(a) to (e) shall be omitted;

• (b) in paragraph (2), after sub-paragraph (l) there shall be inserted the following sub-paragraph—

(m) the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

• (c) in paragraph (3), for the words from “regulated by” to “unless,” there shall be substituted the words “regulated by Part III of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998, unless,”.

• (4) The Products of Animal Origin (Import and Export) Regulations 1996 shall be amended as follows—

• (a) in regulation 1(2)—

• (i) the definitions of “bivalve molluscs” and “other shellfish” shall be omitted,

• (ii) in the definition of “fishery products”, for the words “Food Safety (Fishery Products) Regulations 1992” there shall be inserted the words “Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998”, and

• (iii) after the definition of “import” there shall be inserted the following definition—

• “live shellfish” has the same meaning as in the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998;

• (b) in each of the following provisions—

• (i) regulation 21(1),

• (ii) regulation 22(1),

• (iii) regulation 23(b) and (c),

• (iv) regulation 24(3), and

• (v) regulation 25(3),

the words “bivalve molluscs or other” shall be omitted and

• (c) in Schedule 2 for paragraphs 1 to 4 there shall be substituted the following paragraph

• The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998

Revocations and transitional provision

59

• (1) The Regulations specified in column (1) of Schedule 5 are hereby revoked to the extent specified in column (3) of Schedule 5.

• (2) Any premises (which includes vessels) recognised immediately before these Regulations come into force as registered or approved by a food authority in accordance with any of the Regulations revoked by paragraph (1) shall be treated as registered or (as the case may be) approved in accordance with and for the purposes of these Regulations.

SCHEDULE 1 — IMPORTS

PART I — APPROVED IMPORT CONDITIONS FOR FISHERY PRODUCTS

1

Commission Decision 93/436/EEC laying down special import conditions governing imports of fishery products originating in Chile³⁵.

2

Commission Decision 93/437/EEC laying down special import conditions governing imports of fishery products originating in Argentina³⁶.

3

Commission Decision 93/494/EEC laying down special conditions governing imports of fishery products originating in the Faroe Islands³⁷.

4

Commission Decision 93/495/EEC laying down special conditions governing imports of fishery products originating in Canada³⁸.

5

Commission Decision 94/198/EC laying down special conditions governing the import of fishery and aquaculture products originating in Brazil³⁹.

6

Commission Decision 94/200/EC laying down special conditions governing the import of fishery and aquaculture products originating in Ecuador⁴⁰.

7

Commission Decision 94/269/EC laying down special conditions governing imports of fishery and aquaculture products originating in Colombia⁴¹.

8

Commission Decision 94/323/EC laying down special conditions governing imports of fishery products originating in Singapore⁴².

9

Commission Decision 94/324/EC laying down special conditions governing imports of fishery and aquaculture products originating in Indonesia⁴³.

10

Commission Decision 94/325/EC laying down special conditions governing imports of fishery and aquaculture products originating in Thailand⁴⁴.

11

Commission Decision 94/448/EC laying down special conditions governing imports of fishery and aquaculture products originating in New Zealand⁴⁵.

12

Commission Decision 94/766/EC laying down special conditions governing the import of fishery and aquaculture products originating in Taiwan⁴⁶.

13

Commission Decision 94/778/EC laying down special conditions for the import of frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Turkey⁴⁷.

14

Commission Decision 95/30/EC laying down special conditions governing imports of fishery and aquaculture products originating in Morocco⁴⁸.

15

Commission Decision 95/90/EC laying down special conditions governing the import of fishery and aquaculture products originating in Albania⁴⁹.

16

Commission Decision 95/173/EC laying down special conditions governing imports of fishery and aquaculture products originating in Peru⁵⁰.

17

Commission Decision 95/190/EC laying down special conditions governing imports of fishery and aquaculture products originating in the Philippines⁵¹.

18

Commission Decision 95/454/EC laying down special conditions governing imports of fishery and aquaculture products originating in the Republic of Korea⁵².

19

Commission Decision 95/538/EC laying down special conditions governing the import of fishery and aquaculture products originating in Japan⁵³.

20

Commission Decision 96/355/EC laying down special conditions governing the import of fishery and aquaculture products originating in Senegal⁵⁴.

21

Commission Decision 96/356/EC laying down special conditions governing the import of fishery and aquaculture products originating in Gambia⁵⁵.

22

Commission Decision 96/425/EC laying down special conditions governing the import of fishery and aquaculture products originating in Mauritania⁵⁶.

23

Commission Decision 96/606/EC laying down special conditions governing the import of fishery and aquaculture products originating in Uruguay⁵⁷.

24

Commission Decision 96/607/EC laying down special conditions governing the import of fishery and aquaculture products originating in South Africa⁵⁸.

25

Commission Decision 96/608/EC laying down special conditions governing the import of fishery and aquaculture products originating in Malaysia⁵⁹.

26

Commission Decision 96/609/EC laying down special conditions governing the import of fishery and aquaculture products originating in the Ivory Coast⁶⁰.

PART II — APPROVED IMPORT CONDITIONS FOR LIVE SHELLFISH

1

Commission Decision 93/387/EEC laying down special conditions for the import of live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Morocco⁶¹.

2

Commission Decision 94/777/EC laying down special conditions for the import of live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Turkey⁶².

3

Commission Decision 95/174/EC laying down special conditions for the import of live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Peru⁶³.

4

Commission Decision 95/453/EC laying down special conditions for the import of live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in the Republic of Korea⁶⁴.

5

Commission Decision 96/675/EC laying down special conditions for the import of live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Chile⁶⁵.

PART III — THE FISHERY PRODUCTS DECISIONS

1

Commission Decision 93/25/EEC approving certain treatments to inhibit the development of pathogenic micro-organisms in bivalve molluscs and marine gastropods⁶⁶.

2

Commission Decision 93/51/EEC on the microbiological criteria applicable to the production of cooked crustaceans and molluscan shellfish⁶⁷.

3

Commission Decision 93/140/EEC laying down the detailed rules relating to the visual inspection for the purpose of detecting parasites in fishery products⁶⁸.

4

Commission Decision 93/351/EEC determining analysis methods, sampling plans and maximum limits for mercury in fishery products⁶⁹.

5

The Health Checks Decision.

6

Commission Decision 95/149/EC fixing the total volatile basic nitrogen (TVB-N) limit values for certain categories of fishery products and specifying the analysis methods to be used⁷⁰.

PART IV — APPLICABLE REQUIREMENTS RELATING TO IMPORTED FISHERY PROD UCTS

As respects imported fishery products, the requirements of the Fishery Products Directive, the Fishing Vessels Directive, the Live Bivalve Molluscs Directive and the Fishery Products Decisions which are capable of being applicable are—

• (a) in relation to fishery products other than aquaculture products or processed bivalve molluscs, echinoderms, tunicates or marine gastropods, those set out in—

• (i) articles 3.1(a) to (g), 3.2, 4, 5 and 6.1 of the Fishery Products Directive,

• (ii) article 1 of the Fishing Vessels Directive,

• (iii) articles 1 to 4 of Commission Decision 93/51/EEC,

• (iv) articles 2 to 4 of Commission Decision 93/140/EEC,

• (v) articles 1 to 3 of Commission Decision 93/351/EEC,

• (vi) articles 1.3 and 6.2 of the Health Checks Decision, and

• (vii) articles 1 and 2 of Commission Decision 95/149/EC;

• (b) in relation to fishery products which are aquaculture products, those set out in—

• (i) articles 3.1(c) to (g), 3.3, 4, 5 and 6.1 of the Fishery Products Directive,

• (ii) articles 1 to 4 of Commission Decision 93/51/EEC,

• (iii) articles 2 to 4 of Commission Decision 93/140/EEC,

• (iv) articles 1 to 3 of Commission Decision 93/351/EEC,

• (v) articles 1.3 and 6.2 of the Health Checks Decision, and

• (vi) articles 1 and 2 of Commission Decision 95/149/EC;

• (c) in relation to fishery products which are processed bivalve molluscs, echinoderms, tunicates or marine gastropods, those set out in—

• (i) articles 3.1(a) and (c) to (g), 3.4, 5 and 6.1 of the Fishery Products Directive,

• (ii) article 3.1(a) to (i) and 3.2 (as read with article 1) and article 4 of the Live Bivalve Molluscs Directive,

• (iii) article 1 of Commission Decision 93/25/EEC,

• (iv) articles 1 to 4 of Commission Decision 93/51/EEC,

• (v) article 2 of Commission Decision 93/140/EEC,

• (vi) articles 1 to 3 of Commission Decision 93/351/EEC, and

• (vii) articles 1.3 and 6.2 of the Health Checks Decision.

PART V — APPLICABLE REQUIREMENTS RELATING TO IMPORTED LIVE SHELLFISH

As respects imported live shellfish, the requirements of the Live Bivalve Molluscs Directive which are capable of being applicable are those set out in article 3.1(a) to (i) and 3.2 (read with article 1) and article 4.

SCHEDULE 2 — PRODUCTION AND PLACING ON THE MARKET CONDITIONS FOR LIVE SHELLFISH

(BASED ON THE CORRESPONDING PROVISIONS OF THE ANNEX TO THE LIVE BIVALVE MOLLUSCS DIRECTIVE)

CHAPTER I — CONDITIONS FOR PRODUCTION AREAS

PART 1 — CLASS A AREAS

Areas to be designated class A areas

1

An area from which live bivalve molluscs can be gathered for direct human consumption provided such molluscs satisfy the requirements specified in Chapter V.

PART 2 — CLASS B AREAS

Areas to be designated class B areas

2

An area from which live bivalve molluscs may be gathered but only placed on the market for human consumption—

• (a) after treatment in a purification centre or after relaying (followed, where necessary, by treatment in a purification centre); or

• (b) after heat treatment by an approved process in an approved establishment.

Conditions in relation to a class B area

3

Prior to relaying, treatment in a purification centre or heat treatment, the live bivalve molluscs from these areas must not exceed in 90% of samples the limits of—

• (a) a five-tube, three-dilution MPN-test of 6,000 faecal coliforms per 100 grams of flesh; or

• (b) 4,600 E. coli per 100 grams of flesh.

4

After any necessary relaying, purification and treatment, the live bivalve molluscs must satisfy the requirements of Chapter V.

PART 3 — CLASS C AREAS

Areas to be designated class C areas

5

An area from which live bivalve molluscs can be gathered but placed on the market for human consumption only after—

• (a) a relaying period of at least 2 months, followed, where necessary, by treatment in a purification centre; or

• (b) heat treatment by an approved process in an approved establishment.

Conditions in relation to a class C area

6

The live bivalve molluscs from these areas must not, prior to relaying and any periods of purification or heat treatment, exceed the limits of—

• (a) a five-tube, three-dilution MPN-test of 60,000 faecal coliforms per 100 grams of flesh; or

• (b) 46,000 E. coli per 100 grams of flesh.

7

After any necessary relaying, purification and treatment, the live bivalve molluscs must satisfy the requirements of Chapter V.

CHAPTER II — REQUIREMENTS FOR HARVESTING AND TRANSPORTATION OF BATCHES TO A DISPATCH OR PURIFICATION CENTRE, RELAYING AREA OR PROCESSING PLANT

1

Harvesting techniques must not cause excessive damage to the shells or tissue of live shellfish.

2

Live shellfish must be adequately protected from crushing, abrasion or vibration after harvesting and must not be exposed to extremes of hot or cold temperature.

3

Techniques for harvesting, transporting, landing and handling live shellfish must not result in additional contamination of the product, nor in a significant reduction in the quality of the product, nor in any changes significantly affecting their ability to be treated by purification, processing or relaying.

4

Live shellfish must not be re-immersed in water which could cause additional contamination between harvesting and landing.

5

• (1) The means of transport used for transporting live shellfish must be used under conditions which protect the latter from additional contamination and crushing of shells, and must permit adequate drainage and cleaning.

• (2) In the event of bulk transport over long distances of live shellfish to a dispatch centre, purification centre, relaying area or processing plant, the means of transport must be equipped in such a way as to ensure the best survival conditions possible, and in particular must comply with the requirements laid down in paragraph 2 of Chapter IX.

6

• (1) A movement document, as prescribed in this paragraph, for the identification of each batch of live shellfish during transport from the production area to a dispatch centre, purification centre, relaying area or processing plant shall be issued by the food authority, on request, to the gatherer for completion by the gatherer in respect of each batch in a way which is both legible and indelible.

• (2) The gatherer shall ensure the completed movement document accompanies each batch at all times.

• (3) If a batch in respect of which a movement document has been issued is split for any reason, the person having control of the original batch at the time of the splitting shall ensure that the information accompanying the original batch accompanies each sub-batch in the same form as the movement document together with the full name and address of the person splitting the batch.

• (4) A movement document shall be in the following form—

[image omitted]

• (5) Each movement document must be numbered permanently in sequence by the food authority.

• (6) Each food authority shall keep a register indicating the number of each movement document together with the name of the person collecting the live shellfish and of the person to whom the document was issued.

• (7) The person receiving a movement document for each batch of live shellfish shall put on it the date the batch was received by either a dispatch centre, purification centre, relaying area or processing plant and shall keep it available for inspection for a period of at least 60 days.

• (8) If gathering is or is to be carried out by a person employed by the person who operates the dispatch centre, purification centre, relaying area or processing plant of destination, the food authority may, if satisfied that the gatherer will comply with the requirements of Part II concerning gathering and handling, issue to the gatherer a permanent transport authorization (which may be withdrawn at any time) absolving the gatherer from the requirement to use movement documents for transfers from a production area specified in that authorization to a dispatch centre, purification centre, relaying area, or processing plant specified in that authorization.

7

If a production or relaying area is closed temporarily, pursuant to regulation 7, the food authority shall refrain from issuing further movement documents and permanent transport authorizations for that area and the food authority may suspend the validity of any such documentations or authorizations already issued for the area.

CHAPTER III — CONDITIONS FOR RELAYING LIVE BIVALVE MOLLUSCS

The following conditions must be met—

1

live bivalve molluscs must be gathered and transported, under the supervision of the food authority, in accordance with the requirements of Chapter II;

2

techniques for handling live bivalve molluscs intended for relaying must permit the resumption of filter-feeding activity after immersion in natural waters;

3

live bivalve molluscs must not be relaid at a density which does not permit purification;

4

live bivalve molluscs must be immersed in seawater at the relaying area for an appropriate period which must exceed the time taken for levels of faecal bacteria to become reduced to the levels permitted by these Regulations and in particular either the standards specified in Chapter V or the standards in Part 2 of Chapter I where relaying is to be followed by purification;

5

the minimum water temperature for effective relaying must, where necessary, be determined for each species of live bivalve mollusc and each approved relaying area, by the Minister and the food authority for the area where the laying is situated, acting jointly, and be announced by the food authority;

6

the boundaries of the sites must be physically delineated by buoys, poles or any other fixed means; there must be a minimum distance of 300 metres between relaying areas, and also between relaying areas and production areas;

7

sites within a relaying area must be well separated to prevent mixing of batches; the `all in, all out' system must be used, so that a new batch cannot be brought in before the whole of the previous batch has been removed;

8

permanent records of the source of live bivalve molluscs, relaying periods, relaying areas and subsequent destination of the batch after relaying must be kept by the operators of relaying areas for inspection by the food authority;

9

after harvesting from the relaying area, batches must, during transport from the relaying area to the approved dispatch centre, purification centre or processing plant, be accompanied by the movement document referred to in paragraph 6 of Chapter II, unless a permanent transport authorization has been issued by a food authority.

CHAPTER IV — CONDITIONS FOR THE APPROVAL OF DISPATCH OR PURIFICATION CEN TRES

Section I — General conditions relating to premises and equipment

Centres must not be located in areas which are close to objectionable odours, smoke, dust and other contaminants. The location must not be subject to flooding by ordinary high tides or run-off from surrounding areas.

Centres must have at least—

1

on premises where live shellfish are handled or stored—

• (a) buildings or facilities of sound construction, designed and maintained adequately for the purpose of preventing contamination of live bivalve molluscs by any type of waste, dirty water, fumes, dirt or by the presence of rodents or other animals;

• (b) flooring which is easy to keep clean and is laid in such a way as to facilitate drainage;

• (c) adequate working space to allow for satisfactory performance of all operations;

• (d) durable walls which are easy to clean;

• (e) adequate natural or artificial lighting;

2

access to an appropriate number of changing rooms, wash basins and lavatories; there must be a sufficient number of wash basins close to the lavatories;

3

adequate equipment for washing tools, containers and equipment;

4

facilities for the supply and, where appropriate, storage of exclusively potable water or facilities for the supply of clean seawater. Facilities supplying non-potable water may be authorised. The water concerned may not come into direct contact with live shellfish or be used for cleaning or disinfecting containers, plant or equipment which come into contact with live shellfish. Pipes and outlets carrying non-potable water must be clearly distinguished from those carrying potable water;

5

equipment and instruments or their surfaces which are intended to come into contact with live shellfish must be made of corrosion-resistant material which is easy to wash and clean repeatedly.

Section II — General hygiene requirements

A high degree of cleanliness and hygiene must be required of staff, premises, equipment and working conditions—

1

staff who treat or handle live shellfish must in particular wear clean working clothes and, where appropriate, gloves which are suitable for the work in which the person is engaged;

2

staff are obliged to refrain from personal behaviour, such as spitting, which could result in contamination of live shellfish; any person suffering from an illness which can be transmitted by live shellfish must be temporarily prohibited, until recovery, from working with or handling these products;

3

any rodents, insects or other vermin found must be destroyed and further infestation prevented. Domestic animals must not enter the facilities;

4

premises, equipment and instruments used for handling live shellfish must be kept clean and in a good state of repair; equipment and instruments must be thoroughly cleaned at the end of the day’s work and at such other times as may be appropriate;

5

premises, instruments and equipment must not be used for purposes other than the handling of live shellfish without authorization by the food authority;

6

waste products must be stored hygienically in a separate area and, where appropriate, in covered containers suitable for the purpose intended. Waste material must be removed from the vicinity of the establishment at appropriate intervals;

7

the finished products must be stored under cover and must be kept away from the areas where animals other than live bivalve molluscs, echinoderms, tunicates or marine gastropods— such as crustaceans—are handled.

Section III — Requirements for purification centres

In addition to the requirements under Sections I and II, the following conditions must be met—

1

the floors and walls of the purification tanks and any water storage containers must have a smooth, hard and impermeable surface and be easy to clean by scrubbing or use of pressurised water. The base of the purification tanks must be sufficiently sloped and be equipped with drainage sufficient for the volume of work;

2

live bivalve molluscs must be washed free of mud with pressurised clean seawater or potable water before purification. The initial washing may also be carried out in the purification tanks before purification commences, the drainage pipes being kept open during the entire initial washing and sufficient time being allowed thereafter for the system to be flushed clean before the purification process begins;

3

the purification tanks must be supplied with a sufficient flow of seawater per hour and per tonne of live bivalve molluscs treated;

4

clean seawater or seawater cleaned by treatment must be used for purifying live bivalve molluscs; the distance between the seawater intake point and the waste water outlets must be sufficient to avoid contamination; if treatment of the seawater is necessary, the process shall be authorised once its effectiveness has been verified by the Ministers; water used to prepare seawater from its major constituent chemicals must be potable water;

5

operation of the purification system must allow live bivalve molluscs to rapidly resume filter feeding activity, remove sewage contamination, not to become recontaminated and be able to remain alive in a suitable condition after purification for wrapping, storage and transport before being placed on the market;

6

the quantity of live bivalve molluscs to be purified must not exceed the capacity of the purification centre; the live bivalve molluscs must be continuously purified for a period sufficient to allow the microbiological standards laid down in Chapter V to be met. This period starts from the moment at which the live bivalve molluscs in the purification tanks are adequately covered by the water until the moment when they are removed. The purification centre must take account of the data relating to the raw materials (the type of bivalve mollusc, its area or origin, microbe content, etc.) in case it is necessary to extend the purification period so as to ensure that the live bivalve molluscs meet the bacteriological requirements of Chapter V;

7

should a purification tank contain several batches of molluscs, they must be of the same species and come from the same production area or different areas conforming to the same health conditions. The length of the treatment must be based on the time required by the batch needing the longest period of purification;

8

containers used to hold live bivalve molluscs in purification systems must have a construction which allows seawater to flow through; the depth of layers of live bivalve molluscs should not impede the opening of shells during purification;

9

no crustaceans, fish or other marine species must be kept in a purification tank in which live bivalve molluscs are undergoing purification;

10

after completion of purification, the shells of live bivalve molluscs must be washed thoroughly by hosing with potable water or clean seawater; this may take place in the purification tank if necessary; the washing water must not be recirculated;

11

purification centres must have their own laboratories or secure the services of a laboratory equipped with the necessary facilities for checking the efficiency of purification by use of microbiological specifications. Laboratory facilities outside the centres must be acceptable to the food authority;

12

purification centres must regularly keep a record of the following data—

• results of microbiological tests on purification system water entering the purification tanks;

• results of microbiological tests on unpurified live bivalve molluscs;

• results of microbiological tests on purified live bivalve molluscs;

• dates and quantities of live bivalve molluscs delivered to the purification centre and corresponding movement document numbers;

• the times of filling and emptying of purification systems (purification times);

• dispatch details of consignments after purification;

these records must be completed and accurate, legible and recorded in a permanent ledger book which must be available for inspection by the food authority or a person authorized by the Ministers;

13

purification centres must accept only those batches of live bivalve molluscs which are accompanied by a movement document or permanent transport authorization. Purification centres dispatching batches of live bivalve molluscs to dispatch centres must provide a movement document or permanent transport authorization;

14

every package containing purified live bivalve molluscs must be provided with a label certifying that all molluscs have been purified.

Section IV — Requirements for dispatch centres

1

In addition to the requirements under Sections I and II, the following conditions must be met—

• (a) conditioning must not cause any contamination of the product, conditioning facilities must be used in accordance with procedures recognised by the Ministers, with special regard to the bacteriological and chemical quality of the seawater used in those facilities;

• (b) equipment and containers in the conditioning facilities must not constitute a source of contamination;

• (c) procedures for calibration of live shellfish must not result in additional contamination of the product or in any changes affecting the ability of the product to be transported and stored after wrapping;

• (d) any washing or cleaning of live shellfish must be carried out using pressurised clean seawater or potable water; cleaning water may not be recycled.

2

Dispatch centres must accept only those batches of live shellfish which are accompanied by the movement document referred to in paragraph 6 of Chapter II, and coming from an approved production area, relaying area or purification centre.

3

Dispatch centres must have their own laboratories or secure the services of a laboratory equipped with the necessary facilities for checking inter alia, whether the shellfish comply with the microbiological standards of Chapter V. Laboratory facilities outside the centre must be acceptable to the food authority. However, these requirements do not apply to dispatch centres obtaining molluscs exclusively and directly from a purification centre where they have been examined after purification.

4

Dispatch centres must keep the following data at the disposal of the food authority—

• results of microbiological tests on live bivalve molluscs from an approved production arae or relaying area;

• dates and quantities of live shellfish delivered to the dispatch centre and corresponding movement document numbers;

• dispatch details.

5

Dispatch centres situated aboard vessels shall be subject to the conditions laid down in paragraphs 1(b), (c) and (d) and in paragraphs 3 and 4. The conditions laid down in Section I and II shall apply mutatis mutandis to such dispatch centres although special conditions may be laid down in accordance with the procedure laid down in article 12 of the Live Bivalve Molluscs Directive.

CHAPTER V — REQUIREMENTS CONCERNING LIVE SHELLFISH

Live shellfish intended for immediate human consumption must comply with the following requirements—

1

the possession of visual characteristics associated with freshness and viability, including shells free of dirt, an adequate response to percussion, and normal amounts of intravalvular liquid;

2

they must contain less than 300 faecal coliforms or less than 230 E. coli per 100 grams of mollusc flesh and intravalvular liquid based on a five-tube, three-dilution MPN-test or any other bacteriological procedure shown to be of equivalent accuracy;

3

they must not contain salmonella in 25 grams of mollusc flesh;

4

they must not contain toxic or objectionable compounds occurring naturally or added to the environment such as those listed in the Annex to Directive 79/923/EEC in such quantities that the calculated dietary intake exceeds the permissible daily intake (PDI) or that the taste of the molluscs may be impaired;

5

the upper limits as regards the radionuclide contents must not be excessive;

6

the total Paralytic Shellfish Poison (PSP) content in the edible parts of molluscs that is the whole body or any part edible separately must not exceed 80 micrograms per 100 grams of mollusc flesh in accordance with the biological testing method—in association if necessary with a chemical method for detection of Saxitoxin. If the results of such tests are challenged, the reference method shall be the biological method;

7

the customary biological testing methods must not give a positive result to the presence of Diarrhetic Shellfish Poison (DSP) in the edible parts of molluscs that is the whole body or any part edible separately;

8

in the absence of routine virus testing procedures and the establishment of virological standards, health checks must be based on faecal bacteria counts.

CHAPTER VI — PUBLIC HEALTH CONTROL AND MONITORING OF PRODUCTION

1

The Ministers shall undertake, or may require food authorities to undertake on their behalf, the periodic monitoring of bivalve mollusc relaying and production areas to determine—

• (a) whether toxin producing plankton are present in production and relaying waters or biotoxins are present in live bivalve molluscs; and

• (b) whether chemical or microbiological contaminants are present.

2

A food authority shall undertake periodic monitoring of live bivalve mollusc relaying and production areas in order to—

• (a) preclude any malpractice with regard to the origin and destination of the live bivalve molluscs;

• (b) determine the microbiological quality of the live bivalve molluscs in relation to the production and relaying areas.

3

• (1) Sampling plans for the purposes of paragraphs 1 and 2 of this Chapter shall in particular take account of—

• (a) likely variations in faecal contamination at each production and relaying area;

• (b) possible variations in production and relaying areas in the presence of plankton containing marine biotoxins;

• (c) possible contamination of the molluscs in the production and relaying area.

• (2) Sampling plans referred to in sub-paragraph (1)(b) above shall be carried out as follows—

• (a) in relation to monitoring, periodic sampling shall be organised to detect changes in the composition of the plankton containing toxins and the geographical distribution of the plankton;

• (b) where periodic sampling leads to a suspicion of accumulation of toxins in mollusc flesh, intensive sampling shall be carried out and molluscs from the relevant area shall not be placed on the market until new sampling has provided satisfactory toxicity test results;

• (c) where intensive sampling is to be carried out, it shall consist of—

• (i) monitoring plankton in the growing and fishing waters by increasing the number of sampling points and the number of samples, and

• (ii) the carrying out of toxicity tests using the molluscs from the affected area which are most susceptible to contamination.

4

• (1) Laboratory tests shall be carried out by the food authority to check compliance with the requirements for the end product as laid down in Chapter V.

• (2) A control system shall be established by the food authority to verify that the level of marine biotoxins does not exceed safety limits.

5

• (1) A food authority shall inspect establishments at regular intervals and those inspections shall include, in particular, checks—

• (a) to determine whether the approval conditions are still being complied with;

• (b) on the cleanliness of the premises, facilities, equipment and on staff hygiene;

• (c) to determine whether the live shellfish are handled and treated correctly;

• (d) on the correct application and functioning of purification or conditioning systems;

• (e) on the ledger books referred to in paragraph 12 of Section III of Chapter IV;

• (f) on the correct use of healthmarks.

• (2) The checks referred to in paragraph (1) above may include the taking of samples for laboratory tests.

• (3) The results of such tests must be notified to the persons responsible for the establishments.

6

A food authority shall check on the storage and transport conditions for consignments of live shellfish.

CHAPTER VII — WRAPPING

1

• (1) Live shellfish must be wrapped under satisfactory conditions of hygiene.

• (2) The wrapping material or container of such molluscs or shellfish shall—

• (a) not impair the organoleptic characteristics of the live shellfish;

• (b) not be capable of transmitting substances harmful to human health to the live shellfish;

• (c) be strong enough to give adequate protection to the live shellfish.

2

Oysters must be wrapped with the concave shell downwards.

3

All wrappings of live shellfish must be sealed and remain sealed from the dispatch centre until delivery to the consumer or retailer, but wrappings may be unwrapped and repackaged provided that—

• (a) the person who unwraps the product keeps records of the origin of all live shellfish received and of the place of dispatch;

• (b) live shellfish from different dispatch centres are not mixed when repackaged; and

• (c) a healthmark is provided on the new packaging which is in accordance with Chapter X.

CHAPTER VIII — PRESERVATION AND STORAGE

1

In any storing rooms, live shellfish must be kept at a temperature which does not adversely affect their quality and viability; the wrapping must not come into contact with the floor of the store room, but must be placed on a clean, raised surface.

2

Re-immersion in or spraying with water of live shellfish must not take place after they have been wrapped and have left the dispatch centre except in the case of a retail sale at the dispatch centre.

CHAPTER IX — TRANSPORT FROM THE DISPATCH CENTRE

1

Except where paragraph 3 of Chapter VII applies, consignments of live shellfish intended for human consumption must be transported wrapped in sealed parcels from the dispatch centre until offered for sale to the consumer or retailer.

2

The means of transport used for consignments of live shellfish must have the following characteristics—

• (a) their interior walls and any other parts which might come into contact with the live shellfish must be made of corrosion-resistant materials, and the walls must be smooth and easy to clean;

• (b) they must be suitably equipped to provide efficient protection of the live shellfish against extremes of heat and cold, contamination with dirt or dust, and damage to the shells from vibration and abrasion;

• (c) the live shellfish must not be transported with other products which might contaminate them.

3

Live shellfish must be transported and distributed using closed vehicles or containers which maintain the product at a temperature which does not adversely affect quality and viability.

4

The parcels containing live shellfish must not be transported in direct contact with the floor of the vehicle or container but must be supported on raised surfaces or by some other means which prevents such contact.

5

Where ice is used in transporting consignments of live shellfish, it must have been made from potable water or clean seawater.

CHAPTER X — MARKING OF CONSIGNMENTS

1

Without prejudice to the requirements of the Food Labelling Regulations 1996⁷¹ and subject to paragraph 4, all parcels in a consignment of live shellfish shall be provided with a healthmark so that the original dispatch centre may be identified at all times during transport and distribution until retail sale, and the healthmark shall be in the following form—

[image omitted]

2

• (1) The healthmark may be—

• (a) printed on the wrapping material;

• (b) affixed as a separate label to the wrapping material;

• (c) put inside the wrapping; or

• (d) of a twist-tie or staple design.

• (2) A self-adhesive healthmark must not be used, unless it is not detachable.

• (3) All types of healthmark must be for single use only and are not transferable.

3

The healthmark must be durable and waterproof, and the information presented must be legible, indelible and in easily decipherable characters.

4

Where a person repackages any live shellfish in accordance with paragraph 3 of Chapter VII, the healthmark provided on the new wrapping shall be in the form set out in paragraph 1, except that it shall also contain—

• (a) if the live shellfish originate—

• (i) in the European Economic Area or in a third country in respect of which the European Commission has adopted import conditions for live shellfish, the approval number of the original dispatch centre, or

• (ii) in a third country in respect of which the European Commission has not adopted approved import conditions for live shellfish, the original dispatch details; and

• (b) if the consignment was unwrapped—

• (i) at a registered market, the registration number of the market where the consignment was unwrapped, or

• (ii) elsewhere than at a registered market, the full name and address of the person repackaging the consignment.

SCHEDULE 3 — PRODUCTION AND PLACING ON THE MARKET CONDITIONS FOR FISHERY PRODUCTS

(BASED ON THE CORRESPONDING PROVISIONS OF THE ANNEX TO THE FISHERY PRODUCTS DIRECTIVE)

CHAPTER I — CONDITIONS APPLICABLE TO FACTORY VESSELS

Section I — Conditions concerning design and equipment

1

The minimum requirements for factory vessels are as follows—

• (a) a reception area set aside for taking fishery products on board, designed and arranged into pounds or pens that are large enough to allow each successive catch to be separated. The reception area and its movable parts must be easy to clean. It must be designed in such a way as to protect the products from the sun or the elements and from any source of dirt or contamination;

• (b) a system for conveying fishery products from the reception area to the work area that conforms with rules of hygiene;

• (c) work areas that are large enough for the preparation and processing of fishery products in proper conditions of hygiene. They must be designed and arranged in such a way as to prevent any contamination of the products;

• (d) storage areas for the finished products that are large enough and designed so that they are easy to clean. If a waste processing unit operates on board, a separate hold must be designated for the storage of these by-products;

• (e) a place for storing packaging materials that is separate from the product preparation and processing areas;