The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998
S.I. 1998/994 · Made 6 April 1998
FOOD
Made 6th April 1998
Laid before Parliament 8th April 1998
Coming into force 29th April 1998
The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales acting jointly in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1), 17(1), 18(1)(c), 26(1)(b) and (3), 48(1) and 49(2) of, and paragraphs 2(2), 5(1) and (2), 6(1) and 7(1) of Schedule 1 to, the Food Safety Act 1990f1, and the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, being Ministers designatedf2 for the purposes of section 2(2) of the European Communities Act 1972f3 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on them by the said section 2(2), and in each case in exercise of all other powers respectively enabling them in that behalf, after consultation (so far as is required by section 48(4) of the Food Safety Act 1990) with such organisations as appear to them to be representative of interests likely to be substantially affected, hereby make the following Regulations—
Annotations to the whole text
Footnotes
- f1
-
1990 c. 16; section 6(4) of the 1990 Act was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40). See section 4(1) of the 1990 Act, which contains a defintion of “the Ministers” which is relevant to the powers being exercised in the making of these Regulations.
- f2
-
S.I. 1972/1811.
- f3
Contents
- Part I: GENERAL
- 1Citation and commencement
- 2Interpretation
- Part II: PRODUCTION AND PLACING ON THE MARKET OF LIVE SHELLFISH
- 3Designation of areas as designated bivalve production areas
- 4Designation of areas as prohibited areas for live shellfish production
- 5Alterations to designated areas
- 6Lists of designated production and relaying areas
- 7Temporary prohibition orders concerning production areas
- 8Collecting live shellfish from prohibited areas
- 9Requirements relating to the harvesting, transporting and relaying of live shellfish
- 10Requirement for the approval of dispatch or purification centres
- 11Approval of dispatch or purification centres
- 12Appeals against a refusal to grant an approval or against any conditions or limitation in approvals
- 13Obligations on food business proprietors operating dispatch or purification centres
- 14Variation of approvals for dispatch or purification centres
- 15Revocation of approvals for dispatch or purification centres
- 16Wrapping of live shellfish
- 17Storage and transportation of live shellfish after dispatch
- 18Splitting consignments of live shellfish
- 19Placing liv shellfish on the market
- 20Direct transfers of live shellfish on local markets
- Part III: PRODUCTION AND PLACING ON THE MARKET OF FISHERY PRODUCTS
- 21Registration of fishing vessels on board which shrimps or molluscs are cooked
- 22Hygiene conditions for fishing vessels
- 23Operation of a factory vessel or fishery products establishment without an approval
- 24Approval of factory vessels and fishery products establishments
- 25Requirement for the registration of auction or wholesale markets
- 26Registration of auction and wholesale markets
- 27Appeals against decisions under this Part to refuse to register or to grant an approval or against any conditions or limitations in such approvals
- 28Obligations upon food business proprietors operating establishments and factory vessels
- 29Notice of arrival obligation for masters of third country factory vessels
- 30Obligations upon food business proprietors operating auction or wholesale markets
- 31Variation of approvals for factory vessels or establishments
- 32Revocation of approvals for factory vessels or establishments and cancellation of market registrations
- 33Gutting of fishery products
- 34Packaging of fishery products
- 35Storage and transportation of fishery products
- 36Placing fishery products on the market
- 37Placing aquaculture products on the market
- 38Placing processed shellfish on the market
- 39Fishery products to be placed on the market alive
- 40Prohibition on placing certain fishery products on the market
- 41Direct transfers of fishery products on local markets
- Part IV: IMPORT CONDITIONS FOR FISHERY PRODUCTS AND LIVE SHELLFISH
- 42General restriction on importing fishery products
- 43Additional conditions relating to certain third country imports of fishery products
- 44General restriction on importing live shellfish
- 45Additional conditions relating to certain third country imports of live shellfish
- 46Exemption for private consignments
- Part V: INSPECTION CHARGES FOR DIRECT LANDINGS FROM THIRD COUNTRY VESSELS
- 47Interpretation of Part V
- 48Charge in respect of official checks on third country direct landings
- 49Sum payable by vendors to food authorities
- 50The reducible element of the charge
- 51Collection and remittance arrangements
- Part VI: ENFORCEMENT, PENALTIES AND REVOCATIONS
- 52Functions of the Ministers and food authorities
- 53Offences and penalties
- 54Enforcement of Parts II and III
- 55Application of provisions of the Act for the purposes of Parts II and III
- 56Enforcement of Part IV
- 57Food treated as failing to comply with food safety requirements
- 58Amendment of other Regulations
- 59Revocations and transitional provision
- Signature
- Schedule 1: IMPORTS
- Part I: APPROVED IMPORT CONDITIONS FOR FISHERY PRODUCTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Part II: APPROVED IMPORT CONDITIONS FOR LIVE SHELLFISH
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part III: THE FISHERY PRODUCTS DECISIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- IVAPPLICABLE REQUIREMENTS RELATING TO IMPORTED FISHERY PROD UCTS
- VAPPLICABLE REQUIREMENTS RELATING TO IMPORTED LIVE SHELLFISH
- Schedule 2PRODUCTION AND PLACING ON THE MARKET CONDITIONS FOR LIVE SHELLFISH
- Part CHAPTER I: CONDITIONS FOR PRODUCTION AREAS
- Chapter PART 1: CLASS A AREAS
- 1Areas to be designated class A areas
- Chapter PART 2: CLASS B AREAS
- 2Areas to be designated class B areas
- 3Conditions in relation to a class B area
- 4Conditions in relation to a class B area
- Chapter PART 3: CLASS C AREAS
- 5Areas to be designated class C areas
- 6Conditions in relation to a class C area
- 7Conditions in relation to a class C area
- Part CHAPTER II: REQUIREMENTS FOR HARVESTING AND TRANSPORTATION OF BATCHES TO A DISPATCH OR PURIFICATION CENTRE, RELAYING AREA OR PROCESSING PLANT
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- CHAPTER IIICONDITIONS FOR RELAYING LIVE BIVALVE MOLLUSCS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part CHAPTER IV: CONDITIONS FOR THE APPROVAL OF DISPATCH OR PURIFICATION CEN TRES
- Section IGeneral conditions relating to premises and equipment
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Section IIGeneral hygiene requirements
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Section IIIRequirements for purification centres
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Requirements for dispatch centres
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- CHAPTER VREQUIREMENTS CONCERNING LIVE SHELLFISH
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part CHAPTER VI: PUBLIC HEALTH CONTROL AND MONITORING OF PRODUCTION
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part CHAPTER VII: WRAPPING
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part CHAPTER VIII: PRESERVATION AND STORAGE
- 1Paragraph 1
- 2Paragraph 2
- Part CHAPTER IX: TRANSPORT FROM THE DISPATCH CENTRE
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part CHAPTER X: MARKING OF CONSIGNMENTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 3PRODUCTION AND PLACING ON THE MARKET CONDITIONS FOR FISHERY PRODUCTS
- Part CHAPTER I: CONDITIONS APPLICABLE TO FACTORY VESSELS
- Conditions concerning design and equipment
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Conditions of hygiene relating to on-board handling and storage of fishery products
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part CHAPTER II: REQUIREMENTS DURING AND AFTER LANDING
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part CHAPTER III: GENERAL CONDITIONS FOR ESTABLISHMENTS ON LAND
- Section I.General conditions relating to premises and equipment
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- General conditions of hygiene
- General conditions of hygiene applicable to premises and equipment
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- General conditions of hygiene applicable to staff
- 1Paragraph 1
- 2Paragraph 2
- Part CHAPTER IV: SPECIAL CONDITIONS FOR HANDLING FISHERY PRODUCTS ON SHORE
- Conditions for fresh products
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Conditions for frozen products
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Section IIIConditions for thawing products
- 1Paragraph 1
- 2Paragraph 2
- Conditions for processed products
- 1Paragraph 1
- 2Paragraph 2
- 2Paragraph 2
- 3Paragraph 3
- 4Canning
- 5Smoking
- 6Salting
- 7Cooked crustacean and molluscan shellfish
- 8Mechanically recovered fish flesh
- Conditions concerning parasites
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part CHAPTER V: HEALTH CONTROL AND MONITORING OF PRODUCTION CONDITIONS
- Section IGeneral monitoring
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Special Checks
- 1Organoleptic checks
- 2Parasite checks
- 3AChemical checks
- 3BContaminants present in the aquatic environment
- 4Microbiological analyses
- 5Microbiological analyses
- Part CHAPTER VI: PACKAGING
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part CHAPTER VII: IDENTIFICATION MARKS
- Chapter PART I: PRODUCTS PREPARED ON OR AFTER 29 APRIL 1998
- 1Paragraph 1
- 2Paragraph 2
- Part II: PRODUCTS PREPARED BEFORE 29 APRIL 1998
- 1Paragraph 1
- 2Paragraph 2
- Part CHAPTER VIII: STORAGE AND TRANSPORT
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 4: HYGIENE CONDITIONS FOR FISHING VESSELS (BASED ON THE CORRE SPONDING PROVISIONS OF THE ANNEXES TO THE FISHING VESSELS DIRECTIVE)
- Part I: General hygiene conditions applicable to fishery products on board fishing vessels
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part II: Additional hygiene conditions applicable to article 1.2 fishing vessels
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 5REVOCATIONS
- Explanatory note