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

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PART III

PRODUCTION AND PLACING ON THE MARKET OF FISHERY PRODUCTS

Registration of fishing vessels on board which shrimps or molluscs are cooked
     21.  - (1) A person operating a fishing vessel on board which shrimps or molluscs are, for the purposes of a food business, processed by cooking shall, unless such processing is to be supplemented subsequently by cooking, comply with paragraphs (2) and (4).

    (2) The person operating the fishing vessel shall, prior to engaging for the first time in such cooking, notify the food authority for the area in which the vessel is based in writing of his intention to do so, and shall at the same time supply the authority with the following information - 

    (a) the name of the vessel,

    (b) the usual place of landing of the processed products,

    (c) the name and address of the owner of the vessel,

and he shall notify the food authority in writing of any changes to the information originally supplied.

    (3) Each food authority shall maintain a register of all the information supplied pursuant to paragraph (2).

    (4) Any cooking on board a fishing vessel of shrimps or molluscs shall be in accordance with the requirements of - 

    (a) paragraph 5 of Section I of Chapter III of Schedule 3; and

    (b) paragraph 7 of Section IV of Chapter IV of Schedule 3.

Hygiene conditions for fishing vessels
    
22.  - (1) A food business proprietor who is operating a fishing vessel on board which fishery products which are intended for placing on the market for human consumption are handled shall ensure that the applicable provisions of Part I of Schedule 4 are complied with as respects his vessel.

    (2) A food business proprietor who is operating a fishing vessel - 

shall also ensure that the applicable provisions of Part II of Schedule 4 are complied with as respects his vessel.

    (3) Ship owners, or their representatives, who are operating a fishing vessel - 

shall take all the measures necessary to prevent persons liable to contaminate fishery products from working on and handling them, until there is evidence that such persons can do so without risk.

    (4) The Ministers shall keep up-to-date for control purposes a list of the vessels equipped in accordance with paragraphs 7 and 8 of Part II of Schedule 4, with the exception however of vessels equipped with removable containers which, without prejudice to paragraph 5 of Part II of Schedule 4, are not engaged regularly in preserving fish in chilled seawater.

Operation of a factory vessel or fishery products establishment without an approval
    
23.  - (1) No person shall operate a fishery products establishment unless it has been approved by the food authority for the area in which it is situated.

    (2) No person shall operate a British Islands factory vessel unless it has been approved - 

Approval of factory vessels and fishery products establishments
    
24.  - (1) An application for an approval for a factory vessel or fishery products establishment shall be made to - 

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

    (3) An approval in respect of a factory vessel may only be granted if the food authority is satisfied that it meets such of the conditions set out in Chapters I and II of Schedule 3 as apply to it.

    (4) An approval in respect of a fishery products establishment may only be granted if the food authority is satisfied that it meets such of the conditions set out in Chapters III and IV of Schedule 3 as apply to it.

    (5) An approval for a factory vessel or establishment under this regulation may be granted subject to limitations as to the particular activities approved, the method of operation approved and the intensity of use approved.

    (6) The food authority shall give written notification to each person who makes an application pursuant to paragraph (1) of the result of the 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 - 

Requirement for the registration of auction or wholesale markets
    
25. No person shall operate an auction or wholesale market unless that market has been registered with the food authority in whose area it is situated.

Registration of auction and wholesale markets
    
26.  - (1) An application for registration for an auction or wholesale market shall be made to the food authority in whose area it is situated.

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

    (3) An auction or wholesale market may only be registered if the food authority is satisfied that it meets such of the conditions set out in Chapters II and III of Schedule 3 as apply to it.

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

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

Appeals against decisions under this Part to refuse to register or to grant an approval or against any conditions or limitations in such approvals
    
27.  - (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) of the Act.

    (2) Where an appeal against a limitation as to the particular activities approved, the method of operation approved or the intensity of use approved is brought in accordance with paragraph (1)(b), the appellant may continue to operate the establishment or vessel free of the limitation 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), the court may - 

Obligations upon food business proprietors operating establishments and factory vessels
    
28.  - (1) A food business proprietor who is operating an approved fishery products establishment or an approved British Islands factory vessel shall ensure that, as respects his establishment or vessel, the requirements of the approval for his establishment or vessel are complied with.

    (2) A food business proprietor who is operating a factory vessel on board which fishery products which are intended for placing on the market for human consumption are handled shall ensure that the applicable provisions of Chapters I and II of Schedule 3 are complied with as respects his vessel.

    (3) A food business proprietor who is operating an establishment at which fishery products which are intended for placing on the market for human consumption are handled shall ensure that the applicable provisions of Chapters III and IV of Schedule 3 are complied with as respects his establishment.

    (4) A food business proprietor who is operating a factory vessel or fishery products establishment shall carry out checks at his vessel or establishment based on the following principles - 

    (5) The proprietor shall ensure that all staff involved in checks under paragraph (4) receive adequate training in order to participate effectively in their implementation.

    (6) If the results of the proprietor's checks under paragraph (4) reveal a serious health risk or suggest one might exist, the proprietor shall immediately notify the food authority of that risk or possible risk and such notification shall be confirmed in writing by the proprietor within 48 hours.

Notice of arrival obligation for masters of third country factory vessels
    
29. The master of a factory vessel of a third country shall, before landing any fishery products in Great Britain which are for placing on the market, give the food authority for the port at which he intends to land those fishery products notice of arrival of at least 24 hours.

Obligations upon food business proprietors operating auction or wholesale markets
    
30. A food business proprietor who is operating an auction or wholesale market at which fishery products which are intended for placing on the market for human consumption are handled shall ensure that the applicable provisions of Chapters II and III of Schedule 3 are complied with as respects his market.

Variation of approvals for factory vessels or establishments
    
31.  - (1) A person may at any time apply to a food authority for it to vary any term or limitation in any approval for a factory vessel or fishery products establishment granted to him, and the food authority may vary any such term or limitation.

    (2) Any person who is aggrieved by a decision of a food authority to refuse to vary a term or limitation in any approval for a factory vessel or fishery products establishment 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 any appeal under section 37(1)(c) of the Act.

    (3) Where an appeal is brought in accordance with paragraph (2), the court may - 

Revocation of approvals for factory vessels or establishments and cancellation of market registrations
    
32.  - (1) A food authority may revoke an approval of an establishment situated in its area or a factory vessel which they approved if, after inspection of or any inquiry into the method of operation of the establishment or vessel, they are satisfied that - 

    (2) A food authority may cancel the registration of an auction or wholesale market situated in their area if, after inspection of or any inquiry into the method of operation of the market, they are satisfied that - 

    (3) A proprietor who is aggrieved by a decision to revoke an approval for a factory vessel or a fishery products establishment or cancel the registration of an auction or wholesale market 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) A revocation or cancellation under this regulation shall take effect - 

and when a food authority informs a food business proprietor operating a factory vessel or fishery products establishment of a decision to revoke the approval for the vessel or establishment or a food business proprietor operating an auction or wholesale market of a decision to cancel the registration of that market, they shall explain to the proprietor in writing when the revocation or cancellation will take effect (including when it will take effect if an appeal is brought).

Gutting of fishery products
    
33. Where gutting of a fishery product which is intended for placing on the market for human consumption is possible from a technical and commercial standpoint, a food business proprietor who has control over the timing of the gutting of the product shall ensure that it is carried out as soon as possible after the product has been caught or landed.

Packaging of fishery products
    
34. A proprietor of a food business in the course of which fishery products which are intended for placing on the market for human consumption are packaged shall ensure that the packaging of such products is in accordance with the applicable requirements of those set out in Chapter VI of Schedule 3.

Storage and transportation of fishery products
    
35. A proprietor of a food business in the course of which fishery products which are intended for placing on the market for human consumption are stored or transported shall ensure that such products are stored, except at cold stores where only the handling of wrapped products takes place, and transported in accordance with any applicable requirements of those set out in Chapter VIII of Schedule 3.

Placing fishery products on the market
    
36.  - (1) Subject to paragraph (2), no person shall place on the market for human consumption any fishery products, unless - 

    (2) Paragraph (1)(a) to (c) shall not apply to aquaculture products.

Placing aquaculture products on the market
    
37. No person shall place fishery products which are aquaculture products on the market for human consumption, unless - 

Placing processed shellfish on the market
    
38.  - (1) Subject to paragraphs (2) and (3), no person shall place fishery products which are processed shellfish on the market for human consumption unless, prior to processing, there were satisfied in relation to those processed shellfish those of the requirements of regulation 19 to which those products would have been subject if, when they were processed, they had instead been kept for placing on the market as live shellfish.

    (2) For the purposes of paragraph (1), regulation 19 shall apply as if, where reference is made in regulation 19(1)(b) to transportation to an approved dispatch centre, reference had also been made to transportation to a processing plant, and the requirements in relation to movement documents and permanent transport authorizations set out in regulation 19(1)(b).

    (3) Paragraph (1) shall not apply to imported fishery products which were processed before they were imported.

Fishery products to be placed on the market alive
    
39. A person with control over the survival conditions of a fishery product for human consumption which is to be placed on the market alive shall ensure that it is at all times kept under the most suitable survival conditions.

Prohibition on placing certain fishery products on the market
    
40. No person shall sell, supply in the course of a food business or place on the market for human consumption - 

Direct transfers of fishery products on local markets
    
41.  - (1) Regulations 33 to 39 shall not apply to a direct transfer to a retailer or final consumer in the United Kingdom of a small quantity of fishery products by a fisherman.

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

    (3) For the purposes of paragraph (2), a fisherman's annual allowance is a total amount of not more than 25 tonnes of fishery products in a calendar year, and although the total amount may comprise of amounts of one or more species, in that total amount the amount of processed shellfish 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 Bivalve Molluscs 10.0 tonnes
Marine Gastropods 20.0 tonnes.

 
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Prepared 28 April 1998