The Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994

Regulation 3(1)(b), (1)(c)(ii) and (3)

SCHEDULE 3 SPECIFIED HEALTH CONDITIONS (BASED ON ARTICLES 3 AND 10 OF THE COUNCIL DIRECTIVE)

1.—(1) Fishery products caught in their natural environment shall have been caught and, where appropriate, handled for bleeding, heading, gutting and the removal of fins, and chilled or frozen on board a fishing vessel in accordance with hygiene conditions which are at least as stringent as those contained in the Annexes to the Fishing Vessels Directive.

(2) For the purposes of sub-paragraph (1), Annex II of the Fishing Vessels Directive shall apply as if point 9 were omitted.

2.  Where fishery products have at any time been handled on board a factory vessel—

(a) that factory vessel and that handling of those fishery products shall have been in accordance with health conditions which are at least as stringent as those contained in Chapter I;

(b) those fishery products shall have been subject on board that factory vessel to a systemof visual inspection which is at least as stringent as that contained in Commission Decision 93/140/EEC laying down the detailed rules relating to the visual inspection for the purpose of detecting parasites in fishery products.

3.  Where, prior to processing, the fishery products were live bivalve molluscs or other shellfish, those bivalve molluscs or other shellfish shall, prior to that processing, have been produced in accordance with health conditions in relation to the production of live bivalve molluscs or other shellfish which are at least as stringent as those contained in the Live Bivalve Molluscs Directive.

4.  Any processing (in particular any cooking) of shrimps or molluscs on board a factory vessel shall have been undertaken—

(a) in accordance with such of—

(i) the conditions set out in point 7 of Section IV of Chapter IV,

(ii) the standards and other obligations set out in Commission Decision 93/51/EEC on the microbiological criteria applicable to the production of cooked crustaceans and molluscan shellfish, and

(iii) the approved treatments set out in Commission Decision 93/25/EEC approving certain treatments to inhibit the development of pathogenic micro-organisms in bivalve molluscs and marine gastropods,

as are appropriate in the particular circumstances of the case; and

(b) with equipment which was in accordance with the requirement set out in point 5 of Section I of Chapter III.

5.—(1) Subject to sub-paragraphs (2) and (3), during and after landing, fishery products caught in their natural environment shall have been handled in accordance with Chapter II.

(2) Sub-paragraph (1) shall not apply to processed bivalve molluscs or other shellfish.

(3) Where the competent authority of a country or territory within the European Community other than Great Britain has authorised the transfer of fishery products ex quay into containers for immediate delivery to an approved establishment or registered auction or wholesale market to be checked there, a check on the conditions of landing is not required.

6.  Where gutting of the fishery products is or was possible from a technical and commercial viewpoint, those fishery products shall have been gutted as soon as possible after they have been caught or landed.

7.  Aquaculture products—

(a) shall have been slaughtered under appropriate conditions of hygiene within the meaning of article 3(3)(a) of the Council Directive;

(b) shall not have been soiled with earth, slime or faeces; and

(c) which were not processed immediately after having been slaughtered, shall have been kept chilled.

8.  At establishments on land, all fishery products shall have been handled and, where appropriate, packaged, prepared, processed, frozen, defrosted, stored hygienically and inspected in accordance with requirements at least as stringent as—

(a) the general conditions for establishments on land set out in Chapter III; and

(b) where appropriate, the special conditions for handling fishery products set out in—

(i) Chapter IV,

(ii) Commission Decision 93/25/EEC approving certain treatments to inhibit the development of pathogenic micro-organisms in bivalve molluscs and marine gastropods,

(iii) Commission Decision 93/51/EEC on the microbiological criteria applicable to the production of cooked crustaceans and molluscan shellfish, and

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

9.  Fishery products landed in a third country shall have been subject in that country to a system of health control and monitoring at least as stringent as the arrangements for checking and monitoring fishery products contained in—

(a) Chapter V;

(b) Commission Decision 93/351/EEC determining analysis methods, sampling plans and maximum limits for mercury in fishery products; and

(c) Council Decision 93/383/EEC on reference laboratories for the monitoring of marine biotoxins.

10.  Fishery products shall have been appropriately packaged in accordance with Chapter VI.

11.  Fishery products shall have been stored and transported under satisfactory conditions of hygiene in accordance with Chapter VIII.

12.  Fishery products which are to be placed on the market live shall have been kept at all times under the most suitable survival conditions.