| Statutory Instrument 1998 No. 994 The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 - continued |
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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 -
(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.
(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.
(b) live echinoderms, tunicates and marine gastropods; (c) live shellfish,
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".
(b) impose any limitation, restriction or condition on the use of any area designated under regulation 3(1) or 4; (c) alter the class of any designated bivalve production area or any area within a designated bivalve production area; (d) revoke the designation of a designated bivalve production area, if the area is no longer suitable for the gathering of live bivalve molluscs; (e) vary or revoke the designation of any area designated under regulation 4.
(2) A food authority may at any time -
(b) if a relaying area designated in accordance with regulation 3(2) is no longer suitable for the relaying of live bivalve molluscs, revoke the designation of that relaying area,
and shall communicate any such variation or revocation to the Ministers.
(b) a list of any areas which food authorities have designated as suitable for the relaying of live bivalve molluscs,
and amendments to these lists shall be published from time to time.
(b) trade associations which appear to them to represent the interests of food businesses which are likely to be directly affected by this Part of these Regulations.
(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.
(ii) any action which the food authority is requesting the Ministers to take pursuant to regulation 4 or 5(1), and in particular the detail of any proposed conditions or restrictions;
(b) in the case of any other production area, affix notices in the vicinity of the area and take any other steps it considers appropriate to bring the order to the attention of those affected,
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.
(b) live echinoderms, tunicates or marine gastropods from a designated prohibited area for live echinoderm, tunicate and marine gastropod production; (c) live shellfish from -
(ii) a laying which is the subject of a temporary prohibition order.
Requirements relating to the harvesting, transporting and relaying of live shellfish
(b) harvest or transport from a production area to a relaying area, dispatch centre, purification centre or processing plant any live bivalve molluscs otherwise than in accordance with Chapter II of Schedule 2; or (c) relay any live bivalve molluscs otherwise than at a designated relaying area and in accordance with the applicable conditions for relaying in Chapter III of Schedule 2,
if they are intended for placing on the market for human consumption.
(b) accompanied by such supplementary information, documents, plans, and diagrams as are necessary to enable the food authority to determine the application.
(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.
(b) any additional conditions of which the food authority has been notified by the Ministers pursuant to paragraph (5).
(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.
(b) notify the Secretary of State of the approval and the approval number allocated.
Appeals against a refusal to grant an approval or against any conditions or limitation in approvals
(b) to impose any limitation or condition in an approval granted 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).
(b) a condition notified to the food authority by the Ministers in accordance with regulation 11(5),
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.
(b) grant the approval either in its original form or with such modifications as the court may in the circumstances think fit; (c) remit the matter to the food authority with the court's opinion on it; or (d) make such other order in relation to the matter as the court thinks fit.
Obligations on food business proprietors operating dispatch or purification centres
(b) regular microbiological checks are carried out on -
(ii) if he is a purification centre proprietor, the water for use in the purification system at this centre, by or in laboratories which meet the applicable requirements of Chapter IV of Schedule 2; and
(c) the results of the checks mentioned in sub-paragraph (b)(i) are recorded in a historical record which, in relation to each area from which the shellfish come, gives details of the health quality of the shellfish from that area both before and after handling at the centre.
Variation of approvals for dispatch or purification centres
(b) vary the term or limitation in the approval; (c) remit the matter to the food authority with the court's opinion on it; or (d) make such other order in relation to the matter as the court thinks fit.
Revocation of approvals for dispatch or purification centres
(b) the food business proprietor who is operating the centre is either unable or not prepared to ensure that the breach is remedied; and (c) there is in force in relation to that dispatch or purification centre -
(ii) an emergency prohibition order under section 12 of that Act,
and as a consequence of the order, commercial operations with regard to live shellfish which are for placing on the market for human consumption may not be carried out at that dispatch or purification centre.
(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.
(b) if an appeal is brought, immediately after the appeal is finally disposed of, struck out for want of prosecution or withdrawn,
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).
(b) a copy of any certificate required in accordance with regulation 45(2) which accompanied that consignment,
for a period of not less than 60 days from the date of the splitting of the contents of that consignment.
(ii) has been identified, pursuant to any law in force in Northern Ireland, the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by Chapter I of the Annex to the Live Bivalve Molluscs Directive, as an area from which bivalve molluscs may be collected, and any condition or limitation derived from that Chapter which relates to that production area has been complied with, or (iii) if they are imported for relaying, was of the same standard as an area designated as a class B area or a class C area in accordance with regulation 3(1)(b) or (c), and any condition or limitation specified in Chapter I of Schedule 2 for that production area has been complied with;
(b) they have been harvested, kept and transported to any approved dispatch centre, approved purification centre or approved relaying area to which they are thereafter transferred in accordance with the applicable requirements of -
(ii) any law in force in Northern Ireland, the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by Chapter II of the Annex to the Live Bivalve Molluscs Directive,
accompanied by a valid movement document or a valid permanent transport authorisation;
(ii) any law in force in Northern Ireland, the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by Chapter III of the Live Bivalve Molluscs Directive;
(d) they have been handled hygienically and, if they are live bivalve molluscs, they have, where appropriate, been purified at a purification centre which has been approved in accordance with -
(ii) any law in force in Northern Ireland, the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved in relation to the approval of purification centres by the Live Bivalve Molluscs Directive;
(e) they are as specified in Chapter V of Schedule 2;
(ii) which, if they comprise or form part of a consignment which has been given a healthmark in accordance with any law in force in another EEA State, Northern Ireland, the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by Chapter X of the Annex to the Live Bivalve Molluscs Directive, is in accordance with that law, (iii) which, if they comprise or form part of a consignment from a third country in respect of which the European Commission has adopted approved import conditions, is in accordance with those approved import conditions,
but a healthmark is not required in relation to live shellfish which originate from a third country in respect of which the European Commission has not adopted approved import conditions, unless those live shellfish have been repackaged in accordance with paragraph 3 of Chapter VII of Schedule 2;
(2) Paragraph (1)(a) shall not apply to -
(b) any imported live bivalve molluscs, unless they were harvested from seawaters or brackish waters within British fishery limits[1].
(3) Paragraph (1)(b) and (c) shall not apply to imported live shellfish, unless their country of dispatch is part of the British Islands.
(b) live echinoderms, tunicates or marine gastropods,
which are as specified in Chapter V of Schedule 2 by a coastal fisherman who is part of the direct transfers scheme.
(b) the address where he keeps the equipment he uses for gathering; (c) the intended place of landing of gathered live shellfish; (d) the address where he intends to put the gathered live shellfish when landed; (e) if applicable, the name, address and approval number of any dispatch or purification centre to which he intends to send live shellfish after gathering,
and if he notifies the food authority of any changes to the information originally supplied.
Notes: [1] See sections 1(5) and 10(2)(b) of the Fishery Limits Act 1976 (c.86).back
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