Fisheries and Marine Resources Act

Female Sea Turtles (Prohibition of Import) Regulations 1950

[GN 176 of 1950 – 28 October 1950] [Section 74]

1. These regulations may be cited as the Female Sea Turtles (Prohibition of Import) Regulations 1950.

2. No person shall import or attempt to import a female sea turtle into Mauritius from any of the dependencies thereof.

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Fisheries (Reserved Areas) (Rodrigues) Regulations 1984

[GN 128 of 1984 – 1 September 1984] [Sections 4 and 74]

1. These regulations may be cited as the Fisheries (Reserved Areas) (Rodrigues) Regulations 1984.

2. The areas specified in the Schedule shall, in respect of the Island of Rodrigues, be reserved areas.

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SCHEDULE

[Regulation 2]

The area bounded in the West by an imaginary straight line drawn from Pointe La Gueule to the Eastern limit of the reef at Passe Batage on the East by an imaginary straight line running roughly towards the North from Mont Venus to the reef opposite and the coast

The area bounded by an imaginary line joining Pointe Corail through Domingue, Gombrani to Pointe Caverne or Pointe Vingt Tours and the coast

The area bounded by an imaginary line running from Pointe Manioc to Diamant and the Coast

The area bounded by an imaginary line running from Pointe Palmiste through Fregate to Pointe l'Herbe and the Coast

The area forming the Pass of Port Sud Est, and within 200 yards at each side of the pass

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Fisheries and Marine Resources (Bait Gear Licence
and Licence Fees) Regulations 2012

[GN 214 of 2012 – 5 December 2012] [Section 74(1)(k)]

1. These regulations may be cited as the Fisheries and Marine Resources (Bait Gear Licence and Licence Fees) Regulations 2012.

2. In these regulations –

"bait gear" means a conical net, flying fish net or rectangular net;

"conical net" means a circular net of a height not exceeding 2.5 metres with weights attached to the open circumference of the base and with mesh size being not less than 1.5 centimetres nor more than 2.5 centimetres when stretched diagonally;

"flying fish net" means a net not exceeding 300 metres in length and not exceeding 3 metres in width with mesh size of 3.2 centimetres when stretched diagonally;

"rectangular net" means a net of 4 metres by 2 metres with mesh size not less than 1.5 centimetres nor more than 2.5 centimetres when stretched diagonally.

3. No person shall have in his possession a bait gear unless he holds a bait gear licence.

4. An application for a bait gear licence shall be made in such form and manner as the Permanent Secretary may determine.

5. The Permanent Secretary may, on payment of the appropriate fee specified in the First Schedule and on such terms and conditions as he may determine, issue a bait gear licence in the form set out in the Second Schedule.

6. 

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FIRST SCHEDULE

[Regulation 5]

FEE

 

(Rs)

 Conical net200per annum 50quarterlyFlying fish net5,000per annum 1,250quarterlyRectangular net200per annum 50quarterly

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SECOND SCHEDULE

[Regulation 5]

 
 

REPUBLIC OF MAURITIUS MINISTRY OF FISHERIES

 

Photograph

BAIT GEAR LICENCE

              No. ....

1. Name of holder .........................................................................................................

2. Address .....................................................................................................................

3. Fisherman Registration Card no ..............................................................................

4. National Identity Card no. ........................................................................................

5. Fishing ground .........................................................................................................

6. Name and registration no. of boat ..........................................................................

7. Date of issue ..............................................................................................................

8. Description of bait gear ............................................................................................

       .............................................

       Permanent Secretary

Terms and Conditions at verso

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Fisheries and Marine Resources (Export of Fish and Fish Products) Regulations 2009

[GN 147 of 2009 –21 November 2009 ] [Section 74]

1. These regulations may be cited as the Fisheries and Marine Resources (Export of Fish and Fish Products) Regulations 2009.

2. In these regulations –

"Act" means the Fisheries and Marine Resources Act;

"applicant" means a person who makes an application to the competent authority under regulation 4(2);

"audit" means a formal validation, on such frequency as the competent authority may determine, of the activities of a business fish operator for the purpose of evaluating whether the fish business operator is complying with the Act, these regulations and any condition laid down by the importing country;

"authorised officer" means any officer appointed as such by the Permanent Secretary;

"certifying officer" means a veterinary officer designated by the competent authority;

"clean seawater" means natural, artificial or purified seawater or brackish water which does not contain harmful microorganisms, substances or toxic plankton in quantities capable of directly or indirectly affecting the health quality of fish or fish products;

"clean water" means clean seawater or potable water as the case may be;

"competent authority" means the Seafood Unit of the Ministry responsible for the subject of fisheries and marine resources;

"contaminant" means a microbiological, chemical and physical agent which does not form part of fish or fish products and renders the fish or fish products unwholesome;

"contamination" means the presence or introduction of a contaminant;

"fish business operator" means a person who is registered as such with the competent authority;

"fish product" –

(a) means processed, unprocessed or any edible form of fish; and

(b) includes any –

 (i) fish feed, fish meal and fish-based product; and

 (ii) product derived from fish intended for human consumption or for animal feeding;

"hazard" means a biological, chemical or physical agent in, or condition of, a fish or fish products with the potential to cause an adverse health effect;

"inspection" means the examination of the premises of a fish business operator and includes the examination of the activities of a fish business operator;

"potable water" has the same meaning as in the Guidelines for Drinking Water Quality issued by the World Health Organisation;

"primary production" means the production, rearing, growing or harvesting of primary products;

"primary products" means products of stock farming and fishing;

"registration certificate" means a certificate issued under regulation 4(5);

"stage of production, processing and distribution" means any stage, including import, from and including the primary production of fish and fish products, up to and, including its storage, transport, sale or supply to the final consumer;

"temperature approaching that of melting ice" means a temperature as close as possible to zero degree celsius, but not greater than 4 degrees celsius;

"traceability" means the ability to trace and follow a food or substance intended to be, or reasonably expected to be, incorporated into food through all stages of production, processing and distribution;

"zoonosis" means any disease or infection which is naturally transmissible, directly or indirectly, between animals and humans;

"zoonotic agent" means any virus, bacterium, fungus, parasite or other biological entity which is likely to cause a zoonosis.

[Reg. 2 amended by reg. 3 of GN 204 of 2010 w.e.f. 30 October 2010; reg. 3 of GN 209 of 2012 w.e.f. 29 November 2012.]

2A. The competent authority shall be the authority responsible for the inspection and certification of any fish or fish product intended for export and shall, for the purposes of discharging its functions under these regulations, not be subject to the direction or control of any other person or authority.

[Reg. 2A inserted by reg. 4 of GN 209 of 2012 w.e.f. 29 November 2012.]

3. Subject to regulation 8A, these regulations shall not apply to –

(a) the export of any fish sample intended for laboratory analysis;

(b) the export of fish or fish products, not exceeding 5 kilogrammes, which are intended for human consumption; or

(c) the export of ornamental fish to be used as pets, not exceeding 10 in number.

[Reg. 3 amended by reg. 5 of GN 209 of 2012 w.e.f. 29 November 2012.]

4. (1) No person shall –

 (a) export from Mauritius any fish or fish product, unless –

  (i) he is registered as a fish business operator with the competent authority;

  (ii) he is issued with a permit as required under section 25 of the Act; and

  (iii) he is issued with an export health certificate in respect of that consignment;

 (b) store or process fish or fish products intended for export, unless he is registered as a fish business operator with the competent authority.

(2) (a) A person shall apply to be registered as a fish business operator with the competent authority in such form as it may determine;

(b) An application made under subparagraph (a) shall be accompanied by the appropriate non-refundable processing fee specified in the First Schedule.

(3) On receipt of an application under paragraph (2), the competent authority may require the applicant to submit such additional information as may be necessary to consider his application.

(4) The competent authority may –

 (a) grant the application where the applicant complies, subject to paragraph (10), with the criteria specified in the Second Schedule;

 (b) reject the application where the applicant –

  (i) is convicted of an offence under, or fails to comply with, the Act or these regulations;

  (ii) does not comply with the criteria specified in the Second Schedule; or

  (iii) is not a fit and proper person.

(5) Where the competent authority grants the application, it may register the applicant as a fish business operator and issue a registration certificate to the applicant on payment of the appropriate registration fee specified in the First Schedule and on such terms and conditions as it may determine.

(6) The registration certificate shall be valid for a period of one year, starting from 1 January to 31 December in a year.

(7) Subject to paragraph (8), a fish business operator may apply, every year, for the renewal of his registration certificate within 30 days of the expiry of his certificate, on payment of the appropriate renewal fee specified in the first schedule.

(8) The competent authority may suspend, cancel or refuse to renew the registration certificate of a fish business operator where he –

 (a) is convicted of an offence under, or fails to comply with, the Act or these regulations;

 (b) no longer complies with the criteria specified in the Second Schedule; or

 (c) is no longer a fit and proper person.

(9) (a) Where a registration certificate is not renewed, or is suspended or cancelled, the competent authority shall notify the fish business operator, in writing, of its decision and give its reasons.

(b) The fish business operator may, after being notified under subparagraph (a), make representations to the Permanent Secretary within 14 days of the notification.

(c) The Permanent Secretary may, after representations have been made under subparagraph (b), and after consultation with such person as he may deem fit, confirm, reverse or alter the decision of the competent authority.

(10) A person may make a request to the competent authority, in the form set out in the Fifth Schedule, for derogation from the criteria specified in the Second Schedule.

(11)  Where the competent authority receives a request under paragraph(10),
it may –

 (a) grant the derogation subject to such terms and conditions as it may determine;

 (b) refuse to grant derogation and give its reasons.

[Reg. 4 amended by reg. 6 of GN 209 of 2012 w.e.f. 29 November 2012.]

5. (1) The competent authority may, for the purposes of determining whether a fish business operator is complying with the Act or these regulations and any condition laid down by the importing country, carry out an audit or inspection of the activities of the fish business operator.

(2) Where the competent authority carries out an audit, the fish business operator whose activities are audited shall pay to the competent authority the appropriate audit fee specified in the Third Schedule.

[Reg. 5 amended by reg. 7 of GN 209 of 2012 w.e.f. 29 November 2012.]

6. (1) A fish business operator shall apply for an export health certificate to the competent authority in such form as it may determine.

(2) On receipt of an application under paragraph (1), the competent authority may require the fish business operator to submit such additional information as may be necessary, including, in particular, certification of compliance by the fish business operator with the standards applicable in the importing country.

(3) (a) Where a fish business operator complies with the standards applicable in the importing country, the certifying officer of the competent authority may, on payment of the fee specified in the First Schedule, issue to the fish business operator the appropriate export health certificate referred to in the Fourth Schedule.

(b) Where a fish business operator wishes to amend any particulars in his export health certificate, he shall return his certificate to the competent authority and the competent authority may, on payment of the appropriate fee specified in the First Schedule, issue a new export health certificate to the fish business operator.

[Reg. 6 amended by reg. 8 of GN 209 of 2012 w.e.f. 29 November 2012.]

7. (1) Where a fish business operator intends to –

 (a) make any change in its processing activities;

 (b) construct any additional facilities; or

 (c) develop new products,

he shall apply to the competent authority for approval.

(2) Where the fish business operator complies with the criteria specified in the Second Schedule, the competent authority may grant the application referred to in paragraph (1) on payment of the appropriate fee specified in the First Schedule.

[Reg. 7 amended by reg. 9 of GN 209 of 2012 w.e.f. 29 November 2012.]

8. (1) An authorised officer may, for the purposes of the Act and of these regulations, enter and inspect any building premises intended for storage or processing of fish or fish products prior to export.

(2) Where an inspection is being carried out, the authorised officer may, where a breach is suspected to have been committed under the Act or these regulations –

 (a)  require any person in charge of the premises to produce any document or record kept by him in relation to his business;

 (b) seize, for the purpose of examination, any fish or fish product.

(2A) (a) An authorised officer who has seized any fish or fish product may, where the fish or fish product is unfit for human consumption, destroy it or require the fish business operator to destroy it.

(b) The costs of destroying any fish or fish product under subparagraph (a) shall be borne by the fish business operator.

(3) For the purpose of exercising his powers under the Act or these regulations, an authorised officer may seek such assistance as may be necessary from a fishery control officer.

[Reg. 8 amended by reg. 10 of GN 209 of 2012 w.e.f. 29 November 2012.]

8A. Any person who intends to export any fish, fish product or fish sample referred to in regulation 3 shall, prior to export, obtain an attestation on such terms and conditions as the competent authority may determine.

[Reg. 8A inserted by reg. 11 of GN 209 of 2012 w.e.f. 29 November 2012.]

9. Any person who contravenes these regulations shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years.

10. - 11. 

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FIRST SCHEDULE

[Regulations 4, 6 and 7]

FEES

    (Rs)
1. Processing fee 40,000
2. Fee for registration certificate 1,000
3. Fee for renewal of registration certificate 1,000
4. Fee for export health certificate (per certificate) 500
5. Fee for new export health certificate (per certificate) 300
6. Fee for any change in processing activities/construction of additional facilities/development of new products 3,000

[First Sch. amended by reg. 12 of GN 209 of 2012 w.e.f. 29 November 2012.]

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SECOND SCHEDULE

[Regulation 4(4)]

CRITERIA FOR REGISTRATION AS FISH BUSINESS OPERATOR

CHAPTER I – GENERAL REQUIREMENTS FOR PRIMARY PRODUCTION

1. Fish business operators shall ensure that primary products are protected against contamination, having regard to any processing that the primary products will undergo.

2. Fish business operators shall comply with provisions relating to the control of hazards in primary production, including –

(a) measures to control contamination arising from air, soil, water, feed, veterinary medicinal products, and biocides and the storage, handling and disposal of waste; and

(b) measures relating to fish health and welfare that have implications for human health, including programmes for the monitoring and control of zoonoses and zoonotic agents.

3. Fish business operators rearing, harvesting or producing primary products of fish origin shall take adequate measures –

(a) to keep facilities used in connection with primary production and associated operations, including facilities used to store and handle feed, clean and, where necessary after cleaning, to disinfect them;

(b) to keep clean and disinfect equipment, containers, crates, vehicles and vessels;

(c) to use potable water or clean water in order to prevent contamination;

(d) to ensure that staff handling foodstuffs are in good health and undergo training on health risks;

(e) to prevent animals and pests from causing contamination;

(f) to store and handle waste and hazardous substances so as to prevent contamination;

(g) to prevent the introduction and spread of contagious diseases transmissible to humans through fish, including taking precautionary measures when introducing new fish and reporting suspected outbreaks of such diseases to the competent authority;

(h) to take account of the results of relevant analyses carried out on samples taken from fish or fish products or other samples that are important to human health; and

(i) to use feed additives and veterinary medicinal products under the approval and supervision of the competent authority and as required by the relevant legislation.

4. Fish business operators shall keep and retain records relating to measures put in place to control hazards for a period of not less than 3 years. Such information shall, on request, be made available to the competent authority.

5. Fish business operators may be assisted by other persons, such as veterinarians and farm technicians, with the keeping of records.

CHAPTER II – GENERAL REQUIREMENTS FOR FISH AND FISH PRODUCTS HANDLING AND PROCESSING PREMISES

1. Fish and fish products handling and processing premises shall be kept clean and maintained in good repair and condition.

2. The layout, design, construction, sitting and size of fish and fish products premises shall –

(a) provide access for maintenance, cleaning and disinfection, avoid or minimise airborne contamination, and provide working space to allow for hygienic operations;

(b) prevent the accumulation of dirt, contact with toxic materials, the shedding of particles into fish and fish products and the formation of condensation or undesirable mould on surfaces;

(c) have good hygienic practices, including protection against contamination and pests;

(d) provide suitable temperature controlled handling and storage conditions of sufficient capacity for maintaining fish and fish products at appropriate temperatures and designed to allow those temperatures to be monitored and, where necessary, recorded.

3. There shall be provided an adequate number of flush lavatories connected to an effective drainage system. Lavatories shall not be opened directly into rooms where fish and fish products are handled.

4. Washbasins shall be made available, located and designated for cleaning hands. Washbasins for cleaning hands shall be provided with running water. Materials for cleaning hands and for hygienic drying shall be provided. The facilities for washing fish shall be separate from any other washing facility.

5. There shall be natural or mechanical ventilation. Mechanical airflow from a contaminated area to a clean area shall be avoided. Ventilation systems shall be constructed so as to enable filters and other parts requiring cleaning or replacement to be readily accessible.

6. Sanitary facilities shall have natural or mechanical ventilation.

7. Fish and fish products handling areas shall have natural or artificial lighting.

8. Drainage facilities shall be designed for the purpose intended and to avoid the risk of contamination. Where drainage channels are fully or partially opened, they shall be so designed as to ensure that waste does not flow from a contaminated area towards or into a clean area, in particular an area where there is a risk of possible cross contamination of fish and fish products.

9. Changing facilities for personnel shall be provided which –

(a) shall be distinct from any food storage, handling or processing area;

(b) allow for personal clothing to be stored separately from work wear;

(c) shall be adequately lit with either natural or artificial lighting; and

(d) allow access for effective cleaning.

10. Cleaning agents and disinfectants shall be stored in secure areas and in such a manner as to prevent any contamination of fish and fish products.

CHAPTER III – SPECIFIC REQUIREMENTS FOR BOATS OR VESSELS

Fish business operators shall ensure that –

(a) boats or vessels used to harvest fish from their natural environment, or used to handle or process them after harvesting, comply with the structural and equipment requirements specified under Part I; and

(b) operations carried out on board boats or vessels shall take place in accordance with the criteria specified under Part II.

PART I – STRUCTURAL AND EQUIPMENT REQUIREMENTS

A. Requirements for all boats or vessels

1. Boats or vessels shall be designed and constructed so as not to cause contamination of the products with bilge water, sewage, smoke, fuel, oil, grease or other contaminating substances.

2. Surfaces with which fish come into contact shall comply with the requirements specified under Chapter II.

3. Equipment and material used for working on fish and fish products shall comply with the requirements specified under Chapter VIII.

4. Devices set up in vessels for water intake shall be situated so as to avoid contamination of the water supply.

B. Requirements for boats or vessels designed and equipped to preserve fresh fish and fish products for more than 24 hours

1. Boats or vessels designed and equipped to preserve fish and fish products for more than 24 hours shall be equipped with holds, tanks or containers for the storage of fish and fish products at temperatures specified under Chapter VII.

2. Holds shall be separated from the engine compartments and from the crew quarters by partitions so as to prevent any contamination of the stored fish and fish products. Holds and containers used for the storage of fish shall ensure their preservation in hygienic conditions and, where necessary, ensure that melted water does not remain in contact with the fish and fish products.

3. Vessels equipped for chilling fish and fish products in cooled clean seawater shall have tanks with incorporated devices for achieving a uniform temperature throughout the tanks. Such devices shall achieve a chilling rate that ensures that the mix of fish and fish products and clean seawater reaches not more than 3 degrees celsius, 6 hours after loading and not more than zero degree celsius after 16 hours, and allow the monitoring and, where necessary, recording of temperatures.

C. Requirements for freezer vessels

Freezer vessels shall –

(a) have freezing equipment with capacity to lower the temperature in all parts of the fish and fish products so as to achieve a temperature of not more than –18 degrees celsius;

(b) have refrigeration equipment with capacity to maintain fish and fish products in the storage holds at not more than –18 degrees celsius. Storage holds shall be equipped with a temperature recording device in a place where it can be easily read. The temperature sensor of the reader shall be situated in the area where the temperature in the hold is the highest; and

(c) meet the requirements for vessels designed and equipped to preserve fish and fish products for more than 24 hours as specified under paragraph 2 of Part B.

D. Requirements for factory vessels

1. Factory vessels shall have –

(a) a receiving area reserved for taking fish on board, designed to allow each successive catch to be separated. This area shall be easy to clean and designed so as to protect the fish from the sun or the elements and from any source of contamination;

(b) a hygienic system for conveying fish from the receiving area to the work area;

(c) work areas designed for the hygienic preparation and processing of fish, easy to clean and disinfect and designed and arranged in such a way as to prevent any contamination of the products;

(d) storage areas for the finished products designed so that they are easy to clean. In case where a waste processing unit operates on board, a separate hold shall be designated for the storage of such waste;

(e) a place for storing packaging materials shall be separate from the product preparation and processing areas;

(f) special equipment for disposing waste of fish and fish products which are unfit for human consumption directly into the sea or, when waste is not disposed directly into the sea, and is stored and processed on board, special areas allocated for that purpose;

(g) seawater intake situated in a position that prevents contamination of the potable water supply; and

(h) hand washing equipment for use by the staff in processing areas which shall be so designed to prevent the spread of contamination.

2. Factory vessels which freeze fish and fish products shall have equipment meeting the requirements for freezer vessels as specified under paragraphs 1 and 2 of Part C.

PART II – HYGIENE REQUIREMENTS

1. When in use, the parts of vessels or containers set aside for the storage of fish shall be kept clean and maintained in good repair and condition. They shall not be contaminated by fuel or bilge water.

2. After they are taken on board, fish shall be protected from contamination and from the effects of the sun or any other source of heat. They shall be washed, with either potable water or clean seawater.

3. Fish and fish products shall be handled and stored in such a manner as to prevent bruising as far as is practicable.

4. Fish other than fish kept alive shall undergo chilling forthwith after harvesting.

5. Ice used to chill fish and fish products shall be made from potable water or clean seawater.

6. Where fish is headed or gutted on board, such operations shall be carried out hygienically after capture, and the products shall be washed thoroughly with potable water or clean water and shall be preserved under ice at a temperature approaching that of melting ice or be frozen at a temperature of not more than –18 degrees celsius. The viscera and parts which shall constitute a danger to public health shall be removed forthwith and kept apart from products intended for human consumption. Livers and roes intended for human consumption shall be preserved under ice, at a temperature approaching that of melting ice, or be frozen at a temperature of not more than –18 degrees celsius.

7. Where freezing in brine of whole fish intended for canning is practised, a temperature of not more than –9 degrees celsius shall be achieved for the product. The brine shall not be a source of contamination for the fish.

CHAPTER IV – SPECIFIC REQUIREMENTS IN ROOMS WHERE FISH
IS PREPARED, TREATED OR PROCESSED

1. In rooms where fish and fish products are prepared, treated or processed, the design and layout shall ensure good hygienic practices, including protection against contamination between and during operations, in particular –

(a) (i) floor surfaces shall be maintained in a good condition and be easy to clean and disinfect;

 (ii) impervious, non absorbent, washable and non toxic materials shall be used;

 (iii) floors shall allow adequate surface drainage;

(b) (i) wall surfaces shall be smooth and maintained in a good condition and be easy to clean and disinfect;

 (ii) impervious, non absorbent, washable and non toxic materials shall be used;

(c) ceilings (or, where there are no ceilings, the interior surface of the roof) and overhead fixtures shall be constructed and finished to prevent the accumulation of dirt and to reduce condensation, the growth of undesirable mould and the shedding of particles;

(d) (i) windows and other openings shall be constructed to prevent the accumulation of dirt;

 (ii) those which can be opened to the outside environment shall be fitted with insect proof screens which allow for adequate cleaning;

 (iii) where open windows would result in contamination, windows shall remain closed and fixed during production;

(e) (i) doors shall be easy to clean and disinfected;

 (ii) smooth and non absorbent surfaces shall be used;

(f) (i) surfaces (including surfaces of equipment) in areas where fish and fish products are handled shall be maintained in a good condition and, where necessary, be easy to clean and disinfected;

 (ii) smooth, washable, corrosion-resistant and non-toxic materials shall be
used.

2. Facilities shall be provided for the cleaning, disinfecting and storage of working utensils and equipment. Those facilities shall be constructed of corrosion-resistant materials, be easy to clean and have an adequate supply of water.

3. Provision shall be made for washing fish and fish products. Every sink or other such facility provided for the washing of fish and fish products shall have an adequate supply of potable water consistent with the requirements specified under Chapter X and be kept clean and disinfected.

CHAPTER V – REQUIREMENTS DURING AND AFTER LANDING

1. Fish business operators responsible for the unloading and landing of fish and fish products shall –

(a) ensure that unloading and landing equipment that comes into contact with fish and fish products complies with the requirements specified under Chapter VIII;

(b) avoid contamination of fish and fish products during unloading and landing, in particular by –

 (i) carrying out unloading and landing operations forthwith unless there is a satisfactory reason for not doing so;

 (ii) placing fish and fish products forthwith in a protected environment at the temperature specified under Chapter VII, unless there is a satisfactory reason for not doing so; and

 (iii) using equipment and carrying out practices that do not cause unnecessary damage to the edible parts of the fish and fish products.

2. Fresh fish, other than those kept alive, shall continue to be stored in chilled conditions at a temperature approaching that of melting ice during and after landing.

3. Fish business operators shall cooperate with the competent authority to allow the carrying out of official controls and as regards to any notification procedures for the landing of fish and fish products as the competent authority may consider necessary.

CHAPTER VI – TRANSPORT

1. Conveyances and containers used for transporting fish and fish products shall be kept clean and maintained in good repair and condition to protect fish and fish products from contamination and shall be designed and constructed to allow cleaning and disinfection.

2. Conveyances and containers used for transporting anything other than fish and fish products shall, as far as practicable, be used exclusively for this purpose. Where, for practical reasons, this is not practicable, conveyances and containers used for transporting anything other than fish and fish products shall be effectively cleaned and, where necessary, disinfected between loads to avoid the risk of contamination.

3. Fish and fish products in conveyances and containers shall be so placed and protected so as to prevent the risk of contamination.

4. Conveyances and containers used for transporting fish shall be capable of maintaining them at the temperatures specified under Chapter VII and allow those temperatures to be monitored.

5. Frozen fish and fish products, with the exception of whole fish initially frozen in brine intended for canning, shall be maintained during transport at an even temperature of not more than –18 degrees celsius in all parts of the product, possibly with short upward fluctuations of not more than 3 degrees celsius. Whole fish initially frozen in brine intended for canning shall be maintained during transport at an even temperature of not more than –9 degrees celsius.

6. Fish business operators may not comply with item 5 where frozen fish is transported from a cold store to a registered establishment to be thawed on arrival for the purposes of preparation and processing, if the journey is short and the competent authority so permits.

7. If fish and fish products are kept under ice, melted water must not remain in contact with the products.

8. Live fish which are placed on the market live shall be transported in such a way that their food safety or their viability is not affected.

CHAPTER VII – STORAGE OF FISH AND FISH PRODUCTS

Fish business operators storing fish and fish products shall ensure compliance with the following requirements –

(a) fresh fish and fish products, thawed unprocessed fish, and cooked and chilled products from molluscs and crustaceans shall be maintained at a temperature approaching that of melting ice;

(b) frozen fish and fish products shall be maintained at a temperature of not more than –18 degrees celsius in all parts of the product; whole fish initially frozen in brine intended for the manufacture of canned food may be maintained at a temperature of not more than –9 degrees celsius;

(c) fish and fish products kept alive shall be maintained at a temperature and in a manner that does not adversely affect food safety or their viability;

(d) any fish and fish products not referred to in (a), (b) or (c) shall be maintained at a temperature that shall not result in a risk to the health of the consumer.

CHAPTER VIII – EQUIPMENT REQUIREMENTS

1. All articles, fittings and equipment with which fish and fish products come into contact shall –

(a) (i) be effectively cleaned and, where necessary, disinfected;

 (ii) cleaning and disinfection shall take place at a frequency sufficient to avoid any risk of contamination;

(b) be so constructed, be of such materials and be kept in such good order, repair and condition as to minimise any risk of contamination;

(c) with the exception of non-returnable containers and packaging, be so constructed, be of such materials and be kept in such good order, repair and condition as to enable them to be kept clean and, where necessary, to be disinfected; and

(d) be installed in such a manner as to allow adequate cleaning of the equipment and the surrounding area.

2. Where necessary, equipment shall be fitted with an appropriate control device to comply with the Act, these regulations and any condition laid down by the importing country.

3. Where chemical additives are used to prevent corrosion of equipment and containers, they shall be in accordance with good practice.

CHAPTER IX – FISH WASTE

1. Fish waste, non-edible by-products and other refuse shall be removed from rooms where fish and fish products are present at regular intervals, so as to avoid their accumulation.

2. Fish waste, non-edible by-products and other refuse shall be deposited in closable containers. These containers shall be kept in good condition and shall be easy to clean and disinfected. Containers for fish and fish products waste, non-edible by-products and other refuse shall be marked in a legible and conspicuous manner for clear identification.

3. Provision shall be made for the storage and disposal of fish waste, non-edible by-products and other refuse. Refuse stores shall be designed and managed in such a way to be kept clean and free of animals and pests.

4. All waste shall be eliminated in a hygienic and sustainable manner in accordance with appropriate legislation applicable to that effect, and shall not constitute a direct or indirect source of contamination.

CHAPTER X – WATER SUPPLY

1. (a) Provision shall be made by a fish business operator to ensure all water used for the processing of fish and fish products or for the cleaning of fish handling, storage or processing equipment is of a potable water quality.

(b) Clean water may be used with whole fish. Clean seawater may be used with live bivalve molluscs, echinoderms, tunicates and marine gastropods; clean water may also be used for external washing. When such water is used, adequate facilities shall be available for its supply.

(c) Where potable water and either clean water or clean seawater are used the distribution network shall be separate in each case and marked in a legible and conspicuous manner for clear identification.

2. Where non-potable water is used, for fire control, steam production, refrigeration and other similar purposes, it shall circulate in a separate duly identified system. Non-potable water shall not connect with, or allow reflux into, potable water systems.

3. Recycled water used in processing or as an ingredient shall not present a risk of contamination and shall be of the same standard as potable water.

4. Ice which comes into contact with fish and fish products shall be made from potable water or, when used to chill whole fish, clean water. It shall be made, handled and stored under conditions that protect it from contamination.

5. Steam used directly in contact with fish and fish products shall not contain any substance which is likely to contaminate the fish product.

6. Where heat treatment is applied to fish products in hermetically sealed containers, water used to cool the containers after heat treatment shall not be a source of contamination for the fish product.

CHAPTER XI – PROVISIONS APPLICABLE TO FISH AND FISH PRODUCTS

1. Fish business operators shall not accept raw materials or ingredients, other than live fish, or any other material used in processing products, where they are known to be, or might reasonably be expected to be, contaminated with parasites, pathogenic microorganisms or toxic, decomposed or foreign substances to such an extent that, even after the fish business operator has hygienically applied normal sorting and preparatory or processing procedures, the final product would be unfit for human consumption.

2. Raw materials and all ingredients stored in a fish business shall be kept in appropriate conditions designed to prevent harmful deterioration and protect them from contamination.

3. At all stages of production, processing and distribution, fish and fish products shall be protected against any contamination likely to render the fish and fish products unfit for human consumption, injurious to health or contaminated in such a way that it would be unreasonable to expect it to be consumed in that state.

4. Procedures shall be in place to control pests and to prevent domestic animals from having access to places where fish and fish products are prepared, handled or stored.

5. Raw materials, ingredients, intermediate products and finished products likely to support the reproduction of pathogenic microorganisms or the formation of toxins shall not be kept at temperatures that result in a risk to health. Limited periods outside temperature control are permitted, to accommodate the practicalities of handling during preparation, transport, storage of fish products provided that it does not result in a risk to health. Fish business operators manufacturing, handling and wrapping processed fish shall have suitable rooms for the separate storage of raw materials from processed material.

6. Where fish and fish products are held at chilled temperatures they shall be cooled forthwith following the heat processing stage, or final preparation stage if no heat process is applied, to such temperature as may be specified under Chapter VII.

7. The thawing of fish and fish products shall be undertaken in such form and manner as to avoid the risk of growth of pathogenic microorganisms or the formation of toxins in the fish and fish products. During thawing, fish and fish products shall not be subjected to temperatures which may be a risk to health. Where run-off liquid from the thawing process may present a risk to health it is to be adequately drained. Following thawing, fish and fish products shall be handled in such a manner as to avoid the risk of growth of pathogenic microorganisms or the formation of toxins.

CHAPTER XII – PROVISIONS APPLICABLE TO THE WRAPPING
AND PACKAGING OF FISH AND FISH PRODUCTS

1. Material used for wrapping and packaging shall not be a source of contamination.

2. Wrapping materials shall be stored in such a manner that they are not exposed to a risk of contamination.

3. Wrapping and packaging operations shall be carried out so as to avoid contamination of the products. Where cans and glass jars are used, the integrity of the container's construction and cleanliness shall be assured.

4. Packaging material shall comply with the conditions laid down by the importing country concerning the use of epoxy derivatives in material intended to come into contact with fish.

5. Receptacles in which fresh fish and fish products are kept under ice shall be
water-resistant and shall ensure that melted water does not remain in contact with
the products.

6. Frozen blocks prepared on board vessels shall be wrapped before landing.

7. Wrapping and packaging material reused for fish and fish products shall be easy to clean and, where necessary, easy to be disinfected.

CHAPTER XIII – REQUIREMENTS FOR AMBIENT STABLE FISH
PRODUCTS IN HERMETICALLY SEALED CONTAINERS

1. Any heat treatment process used to process an unprocessed product or to process further a processed product shall –

(a) raise every part of the product treated to a given temperature for a given period of time required to render the product free from pathogenic microorganisms for the period of the declared shelf life; and

(b) prevent the product from becoming contaminated during the process.

2. To ensure that the process employed achieves the desired objectives, fish business operators shall regularly check the main relevant parameters (particularly temperature, pressure, sealing and microbiology), including the use of automatic devices.

3. To ensure the heat treatment process conforms to the appropriate protocol laid down by the Institute for Thermal Processing Specialists.

CHAPTER XIV – REQUIREMENTS FOR FRESH FISH AND FISH PRODUCTS

1. Where chilled, unpackaged products are not distributed, dispatched, prepared or processed immediately after reaching an establishment on land, they shall be stored under ice in appropriate facilities. Re-icing must be carried out as often as necessary. Packaged fresh fish and fish products shall be chilled to such temperature as may be specified under Chapter VII.

2. Operations such as heading and gutting shall be carried out hygienically. Where gutting is possible from a technical and commercial viewpoint, it shall be carried out forthwith after the products have been caught or landed. The products shall be thoroughly washed with potable water or, on board vessels, with clean water immediately after these operations.

3. Operations such as filleting and cutting shall be carried out so as to avoid contamination or spoilage of fillets and slices. Fillets and slices shall not remain on the worktables beyond the time necessary for their preparation. Fillets and slices shall be wrapped and packaged and shall be chilled forthwith after their preparation.

4. Containers used for the dispatch or storage of unpackaged prepared fresh fish and fish products stored under ice shall ensure that melted water does not remain in contact with the products.

5. Whole and gutted fresh fish products shall be transported and stored in cooled water on board vessels. They shall also continue to be transported in cooled water after landing, or transported from aquaculture establishments, until they arrive at the first establishment on land carrying out any activity other than transport or sorting.

CHAPTER XV – REQUIREMENTS FOR FROZEN FISH AND FISH PRODUCTS

Establishments on land that freeze fish and fish products shall have equipment which satisfy the requirements specified for freezer vessels under Chapter I and Part C of Part I of Chapter III.

CHAPTER XVI – REQUIREMENTS FOR MECHANICALLY
SEPARATED FISH AND FISH PRODUCTS

Fish business operators which manufacture mechanically separated fish products shall ensure compliance with the following requirements –

(a) the raw materials used shall satisfy the following requirements –

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