Statutory Instrument 1998 No. 994
The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 - continued

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PART II

PRODUCTION AND PLACING ON THE MARKET OF LIVE SHELLFISH

Designation of areas as designated bivalve production areas
     3.  - (1) The Ministers shall designate sea waters and brackish waters from which live bivalve molluscs may be taken in accordance with the requirements of this Part and shall specify as respects each area of water designated by them whether it is - 

    (a) a class A area from which live bivalve molluscs can be gathered as specified in Part 1 of Chapter I of Schedule 2;

    (b) a class B area from which live bivalve molluscs can be gathered as specified in Part 2 of Chapter I of Schedule 2;

    (c) a class C area from which live bivalve molluscs can be gathered as specified in Part 3 of Chapter I of Schedule 2,

and any such designation may be subject to such limitation, condition or restriction as appears to the Ministers to be called for by article 5(2) of the Live Bivalve Molluscs Directive.

    (2) Each food authority shall, wherever possible, designate as a relaying area any area within their district which - 

    (a) fulfils the conditions required for designation as a class A or B area specified in paragraph (1)(a) and (b); and

    (b) in their opinion is suitable for the relaying of live bivalve molluscs if the conditions specified in Parts 2 and 3 of Chapter I of Schedule 2 and in Chapter III of Schedule 2 are satisfied,

and, where the Ministers have notified the food authority that specified conditions relating to the matters mentioned in Chapter III of Schedule 2 should be complied with as respects the operation of the relaying area, the food authority shall make that designation subject to those conditions.

    (3) The food authority shall notify the Ministers of any designation made under paragraph (2) and of its terms.

Designation of areas as prohibited areas for live shellfish production
    
4. The Ministers may at any time designate any area as an area unsuitable, for health reasons, for the production or collection of - 

and any such area shall be designated, as appropriate, as a "designated prohibited area for live bivalve mollusc production", a "designated prohibited area for live echinoderm, tunicate and marine gastropod production" or a "designated prohibited area for live shellfish production".

Alterations to designated areas
    
5.  - (1) The Ministers may in appropriate circumstances and at any time - 

    (2) A food authority may at any time - 

and shall communicate any such variation or revocation to the Ministers.

Lists of designated production and relaying areas
    
6.  - (1) The Ministers shall maintain and publish - 

and amendments to these lists shall be published from time to time.

    (2) The Ministers shall send a copy of the lists mentioned in paragraph (1), and any amendments to them to - 

    (3) Each food authority shall take such action as they consider sufficient to bring any part of the lists mentioned in paragraph (1) which relates to their area to the attention of any harvester, handler or operator of a dispatch or purification centre who is carrying out commercial operations with respect to live bivalve molluscs in their area.

Temporary prohibition orders concerning production areas
    
7.  - (1) Subject to paragraph (4), a food authority may, if it is satisfied that the consumption of live shellfish taken from a production area is likely to cause a risk to public health, make a temporary prohibition order prohibiting the collecting of any live shellfish from that area.

    (2) A temporary prohibition order shall cease to have effect at the expiration of a period of 28 days after it was made, unless earlier revoked by the food authority making the order.

    (3) Forthwith after making such an order, a food authority shall - 

and in either case send a copy of the order and notice to the Ministers and to any Sea Fisheries Committee in whose district the production area is situated.

    (4) A food authority shall not make a temporary prohibition order in respect of any production area if they have made such an order in respect of that area within the preceding 28 days, unless the Ministers give consent to such action.

Collecting live shellfish from prohibited areas
    
8. No person shall collect - 

Requirements relating to the harvesting, transporting and relaying of live shellfish
    
9. No person shall - 

if they are intended for placing on the market for human consumption.

Requirement for the approval of dispatch or purification centres
    
10. No person shall operate a dispatch or purification centre unless it has been approved by the food authority for the area in which the centre is situated.

Approval of dispatch or purification centres
    
11.  - (1) An application for an approval for a dispatch or purification centre shall be made to the food authority for the area in which the centre is situated.

    (2) An application pursuant to paragraph (1) shall be - 

    (3) An approval in respect of a dispatch centre may only be granted if the food authority is satisfied that it meets such of the conditions set out in Sections I, II and IV of Chapter IV of Schedule 2 as apply to it.

    (4) An approval in respect of a purification centre may only be granted if the food authority is satisfied that it meets - 

    (5) An approval for a dispatch or purification centre under this regulation may be granted subject to limitations as to the particular activities approved, the method of operation approved and intensity of use approved, and where the Ministers notify the food authority that specified conditions for the operation of a purification centre relating to matters mentioned in Chapter IV of Schedule 2 should be complied with, the food authority shall give their approval subject to those conditions.

    (6) The food authority shall give written notification to each person who makes an application pursuant to paragraph (1) of the result of their application and, in the case of refusal, of the reasons for that refusal.

    (7) If an application pursuant to paragraph (1) is approved, the food authority shall - 

Appeals against a refusal to grant an approval or against any conditions or limitation in approvals
    
12.  - (1) A person who is aggrieved by a decision taken by a food authority - 

may appeal 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).

    (2) Where an appeal against - 

is brought in accordance with paragraph (1)(b), the appellant may continue to operate the centre free of the limitation or condition which is being appealed against while the appeal is pending, and an appeal shall be regarded as pending for these purposes until it is finally disposed of, is struck out for want of prosecution or is withdrawn.

    (3) Where an appeal is brought in accordance with paragraph (1)(b) against a condition notified to the food authority by the Ministers in accordance with regulation 11(5), the food authority shall inform the Ministers that such an appeal has been brought.

    (4) Where an appeal is brought in accordance with paragraph (1), the court may - 

Obligations on food business proprietors operating dispatch or purification centres
    
13. A food business proprietor who is operating a dispatch or purification centre at which live shellfish which are intended for placing on the market are handled shall ensure that - 

Variation of approvals for dispatch or purification centres
    
14.  - (1) A person may at any time apply to a food authority for the authority to vary or revoke any term or limitation in any approval for a dispatch or purification centre granted to him, and subject to paragraph (2), the food authority may, in appropriate circumstances, vary any such term or limitation.

    (2) A food authority may only vary or revoke any additional condition of which the food authority has been notified by the Ministers pursuant to regulation 11(5) with the consent of the Ministers.

    (3) Any person who is aggrieved by a decision of a food authority to refuse to vary any term or limitation of any approval for a dispatch or purification centre may appeal 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.

    (4) Where an appeal is brought in accordance with paragraph (3) against a refusal to vary a condition notified to the food authority by the Ministers in accordance with regulation 11(5), the food authority shall inform the Ministers that such an appeal has been brought.

    (5) Where an appeal is brought in accordance with paragraph (3), the court may - 

Revocation of approvals for dispatch or purification centres
    
15.  - (1) A food authority may revoke an approval of a dispatch or purification centre situated in its area if, after inspection of or any inquiry into the method of operation of the centre, they are satisfied that - 

    (2) A proprietor who is aggrieved by a decision to revoke an approval for a dispatch or purification centre may appeal 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) A revocation under this regulation shall take effect - 

and when a food authority informs the food business proprietor who is operating a dispatch or purification centre of a decision to revoke the approval for the centre, they shall explain to the proprietor in writing when the revocation will take effect (including when it will take effect if an appeal is brought).

Wrapping of live shellfish
    
16. A proprietor of a food business in the course of which live shellfish which are intended for placing on the market for human consumption are wrapped or repackaged shall ensure that the wrapping or repackaging of such shellfish is in accordance with the applicable requirements of those set out in Chapter VII of Schedule 2.

Storage and transportation of live shellfish after dispatch
    
17. A proprietor of a food business in the course of which live shellfish which are intended for placing on the market for human consumption are stored or transported after they have left a dispatch or purification centre, shall ensure that such shellfish are stored and transported in accordance with the applicable requirements of those set out in Chapters VIII and IX of Schedule 2.

Splitting consignments of live shellfish
    
18.  - (1) A person other than the final consumer who splits the contents of a consignment of live shellfish which are not wrapped in individual consumer-sized parcels shall keep - 

for a period of not less than 60 days from the date of the splitting of the contents of that consignment.

    (2) A person who repackages a consignment of live shellfish in accordance with paragraph 3 of Chapter VII of Schedule 2 shall keep the original healthmark (if one was required) which was attached to the consignment for a period of not less than 60 days from the date of the splitting of the contents of that consignment.

Placing liv shellfish on the market
    
19.  - (1) Subject to paragraphs (2) to (4), no person shall place on the market for immediate human consumption any live shellfish, unless - 

    (2) Paragraph (1)(a) shall not apply to - 

    (3) Paragraph (1)(b) and (c) shall not apply to imported live shellfish, unless their country of dispatch is part of the British Islands.

    (4) Paragraph (1)(h)(ii) to (iii) shall not apply in circumstances where, in Great Britain, a person repackages live shellfish from a country or territory other than Great Britain in accordance with paragraph 3 of Chapter VII of Schedule 2.

Direct transfers of live shellfish on local markets
     20.  - (1) Regulations 9, 16, 17 and 19 shall not apply to a direct transfer to a retailer or final consumer in the United Kingdom of a small quantity of - 

which are as specified in Chapter V of Schedule 2 by a coastal fisherman who is part of the direct transfers scheme.

    (2) A coastal fisherman is part of the direct transfers scheme for the purposes of paragraph (1) if, prior to gathering live shellfish for the first time in any calender year in the district of a food authority, he notifies the food authority of his intention to do so and supplies them with the following information - 

and if he notifies the food authority of any changes to the information originally supplied.

    (3) For the purposes of paragraph (1) a "small quantity" means an amount which comprises part of the coastal fisherman's annual allowance.

    (4) For the purposes of paragraph (3), a coastal fisherman's annual allowance is a total amount of not more than 25 tonnes of live shellfish in a calendar year, and although that total amount may comprise of amounts of one or more species, in that total amount the amount of any species listed in column (a) of the table below shall not exceed the maximum amount for that species mentioned in column (b) of that table - 


Table
(a) (b)
Species Maximum amount
Cockles 25.0 tonnes
Oysters 5.0 tonnes
King Scallops 5.0 tonnes
Queen Scallops 10.0 tonnes
Mussels 20.0 tonnes
Other Live Bivalve Molluscs 10.0 tonnes
Marine Gastropods 20.0 tonnes


Notes:

[1] See sections 1(5) and 10(2)(b) of the Fishery Limits Act 1976 (c.86).back


 
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