The Food Safety (Fisheries Products) (Derogations) Regulations 1992

• Citation: S.I. 1992/1507
• Sections: 69

Section 1 Citation and commencement

These Regulations may be cited as the Food Safety (Fishery Products) (Derogations) Regulations 1992 and shall come into force on 1st July 1992.

Section 2 Interpretation

(1) In these Regulations—

“the Council Directive” means Council Directive 91/493/ EEC , of 22nd July 1991, laying down the health conditions for the production and the placing on the market of fishery products;

“chilling” means any process of cooling fishery products to a temperature approaching that of melting ice;

“derogation” means the grant of a further period within which to comply fully with the conditions for the approval of factory vessels, establishments, auction markets or wholesale markets set out in Chapters I to IV of the Annex to the Council Directive, which conditions are set out in column (1) to the Schedule to these Regulations;

“establishment” means any premises where fishery products are prepared, processed, chilled, frozen, packaged or stored but not premises of auction or wholesale markets where only display and sale by wholesale takes place;

“factory vessel” means any vessel on which fishery products undergo one or more of the following operations followed by packaging; filleting, slicing, skinning, mincing, freezing or processing but not a fishing vessel in which only shrimps and molluscs are cooked on board or a fishing vessel on board which only freezing is carried out;

“fishery products” means all seawater or freshwater animals or parts thereof, including their roes, excluding aquatic mammals, frogs and aquatic animals covered by other community acts;

“frozen product”means any fishery product which has undergone a freezing process to reach a core temperature of — 18°C or lower after temperature stabilization;

“food authority” means an authority specified in regulation 6 as an authority which is to enforce and execute these Regulations;

“prepared product” means any fishery product which has undergone an operation affecting its anatomical wholeness, such as gutting, heading, slicing, filleting or chopping;

“processed product” means any fishery product which has undergone a chemical or physical process such as the heating, smoking, salting, dehydration or marinating of chilled or frozen products whether or not associated with other foodstuffs, or a combination of these processes;

“relevant requirement” means subject to paragraph (2) a condition set out in column (1) of the Schedule to these Regulations in respect of which there is an entry in column (2) of that Schedule which indicates that it is a condition in respect of which, in accordance with Chapter IX of the Council Directive, a derogation may be made.

(2) For the purposes of these Regulations where there is in relation to a relevant requirement a limitation mentioned in column (2) of the Schedule, that requirement is a relevant requirement only to the extent indicated by that limitation.

(3) In these Regulations—

(a) a reference to a numbered regulation is a reference to the regulation in these Regulations which bears that number;

(b) a reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation which bears that number.

(4) In the Schedule to these Regulations—

(a) a reference to the Annex is a reference to the Annex to the Council Directive;

(b) a reference to a numbered Chapter is a reference to the Chapter which bears that number in the Annex;

(c) a reference to a numbered Section is a reference to the Section which bears that number in the Annex;

(d) a reference in a Chapter to a numbered section or point is a reference to the section or point which bears that number in that Chapter.

Section 3 Approval of factory vessels, establishments, auction markets and wholesale markets

On and after 1st January 1993 no person shall operate any factory vessel, establishment, auction market or wholesale market unless it has been approved by the Secretary of State, and no such centre shall be so approved unless—

(a) the Secretary of State is satisfied that it meets the requirements of the Council Directive; or

(b) the Secretary of State is satisfied that it meets those requirements save in so far as there is in force in respect of it a derogation granted under regulation 5.

Section 4 Method of applying for a derogation

(1) The proprietor of a food business which consists of or includes the operation of a factory vessel, establishment, auction market or wholesale market which was operating either on the 31st December 1991, or on the last working day immediately before that date, may apply to the Secretary of State, before 1st July 1992, for a derogation.

(2) An application for the purposes of paragraph (1) shall—

(a) be made in writing;

(b) specify in respect of which factory vessel, establishment, auction market or wholesale market and which of the relevant requirements a derogation is sought; and

(c) be accompanied by a plan of the work intended by the proprietor together with a timetable indicating the period within which the proprietor intends the factory vessel, establishment, auction market or wholesale market to comply with the relevant requirement the subject of the application for a derogation.

Section 5 Method of determining an application for a derogation

(1) After receiving an application for a derogation in respect of a factory vessel, establishment, auction market or wholesale market which complies with regulation 4 the Secretary of State shall send a copy of it to the food authority in whose area the factory vessel, establishment, auction market or wholesale market is situated.

(2) A food authority which receives a copy of an application pursuant to paragraph (1) shall invite the representations of the applicant and, after having regard to any such representations, shall send to the Secretary of State, within 12 weeks of receipt of the copy, a written assessment of the need for the derogation and of the suitability of the plan of the work and the timetable.

(3) A food authority shall at the same time as providing the written assessment to the Secretary of State, send a copy of it to the applicant inviting him to send to the Secretary of State, within 4 weeks of the date on which the assessment was sent to the Secretary of State, his observations on it.

(4) After considering the assessment of the food authority and any observations made pursuant to the invitation mentioned in paragraph (3), the Secretary of State shall either grant or refuse the application for a derogation in respect of all or any of the requirements in respect of which a derogation was sought.

(5) Subject to paragraph (6) if an application for a derogation is granted the Secretary of State shall—

(a) designate the factory vessel, establishment, auction market or wholesale market and the relevant requirements in respect of which the derogation is granted; and

(b) specify the period of the derogation, which shall not in any case expire after 31st December 1995.

(6) If an application is granted for a derogation from any relevant requirement referred to in any of sub-paragraphs (a) to (w) of paragraph (7), the Secretary of State shall specify that the derogation shall apply only if and so long as the condition mentioned in that sub-paragraph is satisfied.

(7) The requirements and conditions referred to in paragraph (6) are—

(a) as respects point 1(a) of Section 1 of Chapter I, the condition is that fishery products are sheltered from the sun and the elements and from any source of dirt or contamination;

(b) as respects point 1(c) of Section 1 of Chapter I, the condition is that the contamination of fishery products is avoided;

(c) as respects point 1(d) of Section 1 of Chapter I, the condition is that the finished products are stored on board at the required temperature;

(d) as respects point 1(g) of Section 1 of Chapter I, the condition is that products for human consumption are not contaminated by waste water, waste or engine coolant;

(e) as respects point 1(h) of Section 1 of Chapter I, the condition is that the staff handling fishery products are able to wash their hands after using the toilet;

(f) as respects point 2(a) of Section 1 of Chapter I, the condition is that the floors are properly cleaned and disinfected;

(g) as respects point 3 of Section 1 of Chapter I, the condition is that the equipment and tools are well maintained;

(h) as respects point 3(a) of Section 1 of Chapter II , the condition is that the walls are kept clean;

(i) as respects point 3(b) of Section 1 of Chapter II, the condition is that the flooring is kept clean after every sale;

(j) as respects point 3(e) of Section 1 of Chapter II, the condition is that fishery products contaminated by exhaust fumes are withdrawn from the market;

(k) as respects point 3(j) of Section 1 of Chapter II, the condition is that products which are not fit for human consumption cannot contaminate or be mixed with fishery products;

(l) as respects point 1 of Section I of Chapter III , the condition is that finished products cannot be contaminated by raw materials or waste;

(m) as respects point 2(a) of Section I of Chapter III, the condition is that flooring is cleaned and disinfected accordingly;

(n) as respects point 2(b) of Section I of Chapter III, the condition is that the walls are kept clean;

(o) as respects point 2(c) of Section I of Chapter III, the condition is that the ceiling is not a source of contamination;

(p) as respects point 2(e) of Section I of Chapter III, the condition is that products cannot be spoilt or contaminated by the steam;

(q) as respects point 2(g) of Section I of Chapter III, the condition is that there are facilities for staff to wash their hands;

(r) as respects point 5 of Section I of Chapter III, the condition is that instruments and working equipment are kept clean;

(s) as respects point 6 of Section I of Chapter III, the condition is that products are not contaminated by waste or leakage therefrom;

(t) as respects point 1 of Section I of Chapter IV, the condition is that products are re-iced as often as necessary during a period not in excess of 12 hours, alternatively a nearby cold room not belonging to the establishment can be used;

(u) as respects point 6 of Section I of Chapter IV, the condition is that products shall not be able to be contaminated by waste or leakage therefrom;

(v) as respects point 5, of Section IV of Chapter IV, the condition is that every precaution shall be taken to prevent fishery products that are being prepared or stored from being affected by the smoke;

(w) as respects point 6 of Section IV of Chapter IV, the condition is that fishery products that are being prepared or stored are not affected by salting operations.

(8) If an application is refused or is granted otherwise than in accordance with the application the Secretary of State shall give written notice to the applicant of the reasons for his decision.

(9) The Secretary of State shall in all cases given written notice of his decision to both the applicant and the food authority which provided the assessment.

Section 6 Enforcement and execution

(1) Subject to paragraph (2), these Regulations shall be enforced and executed—

(a) as respects each London borough or district in England and Wales, by the Council of that borough or district;

(b) as respects the City of London (including the Temples), by the Common Council;

(c) as respects each islands area or district in Scotland, by the islands or district Council; and

(d) as respects the Isles of Scilly by the Council of the Isles of Scilly.

(2) Where any functions are assigned—

(a) by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 to a port health authority; or

(b) by an order under section 172 of the Public Health (Scotland) Act 1897 to a port local authority;

these Regulations shall be enforced by that authority within its area and not by the authority mentioned in paragraph (1).

A

General conditions of hygiene applicable to premises and equipment

B

General conditions of hygiene applicable to staff

Section 1

The minimum requirements for factory vessels are as follows:

Section 1

A qualified person on board the factory vessel must be responsible for applying good fishery products manufacturing practices. That person shall have the authority to ensure that the provisions of the Directive are applied and shall make available to inspectors the programme for inspecting and checking critical points as applied on board, a register containing that person’s comments and the temperature recordings that may be required.

Section 1

Unloading and landing equipment must be constructed of material which is easy to clean and disinfect and must be kept in a good state of repair and cleanliness.

Section 1

working areas of sufficient size for work to be carried out under adequate hygienic conditions. Their design and layout shall be such as to preclude contamination of the product and keep quite separate the clean and contaminated parts of the building;

Section 1

Floors, walls and partitions, ceilings or roof lining, equipment and instruments used for working on fishery products must be kept in a satisfactory state of cleanliness and repair, so that they do not constitute a source of contamination for the products.

Section 1

The highest possible standard of cleanliness is required of staff. More specifically:

Section 1

Where chilled, unpackaged products are not dispatched, prepared or processed immediately after reaching the establishment, they must be stored or displayed under ice in the establishment’s cold room. Re-icing must be carried out as often as is necessary; the ice used, with or without salt, must be made from drinking water or clean seawater and be stored under hygienic conditions in receptacles provided for the purpose; such receptacles must be kept clean and in a good state of repair. Prepacked fresh products must be chilled with ice or mechanical refrigeration plant creating similar temperature conditions.

Section 1

Plants must have:

Section 1

fishery products must be thawed under hygienic conditions; their contamination must be avoided and there must be adequate drainage for any melt water produced.

Section 1

Fresh, frozen and thawed products used for processing must comply with the requirements of Sections I or II of this Chapter.

Section 1

During production and before they are released for human consumption, fish and fish products must be subject to a visual inspection for the purpose of detecting and removing any parasites that are visible.

Fish or parts of fish which are obviously infested with parasites, and which are removed, must not be placed on the market for human consumption.

The detailed rules for this inspection shall be adopted in accordance with the procedure laid down in Article 15 of the Directive, on a proposal from the Commission to be submitted before 1 October 1992.

Section 2

Areas used for the preparation and processing or freezing/quick-freezing of fishery products must have:

Section 2

The general conditions of hygiene applicable to areas and equipment shall be those laid down in Chapter III, Section IIA, of the Annex.

Section 2

During unloading and landing, contamination of fishery products must be avoided. It must in particular be ensured that:

unloading and landing operations proceed rapidly;

fishery products are placed without unnecessary delay in a protected environment at the temperature required on the basis of the nature of the product and, where necessary, in ice in transport, storage or market facilities, or in an establishment;

equipment and handling practices that cause unnecessary damage to the edible parts of the fishery products are not authorised.

Section 2

in areas where products are handled, prepared and processed:

Section 2

Rodents, insects and other vermin must be systematically exterminated in the premises or on the equipment; rodenticides, insecticides, disinfectants and any other potentially toxic substances must be stored in premises or cupboards which can be locked; their use must not present any risk of contamination of the products.

Section 2

The employer shall take all the requisite measures 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. When recruited, any person working on and handling fishery products shall be required to prove, by a medical certificate, that there is no impediment to such employment. The medical supervision of such a person shall be governed by the national legislation in force in the Member State concerned or in the case of third countries by specific guarantees to be fixed under the procedure set out in Article 15 of the Directive.

Section 2

If they are not carried out on board, operations such as heading and gutting must be carried out hygienically. The products must be washed thoroughly with drinking water or clean seawater immediately after such operations.

Section 2

Fresh products to be frozen or quick-frozen must comply with the requirements of Section I of this Chapter.

Section 2

after thawing, fishery products must be handled in accordance with the requirements of the Directive. When they are prepared or processed, these operations must be carried out without delay. If they are put directly onto the market, particulars as to the thawed state of the fish must be clearly marked on the packaging in accordance with Article 5(3) of Council Directive 79/112/EEC of 18th December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs .

Section 2

Where the processing treatment is carried out to inhibit the development of pathogenic micro-organisms, or if it is a significant factor in the preservation of the product, the treatment must be scientifically recognised by the law in force, or in the case of a treatment of products referred to in Chapter I Section 1(b) and (c) of Directive 91/492/EEC which have not been relayed or purified, such treatment must be approved, in accordance with the procedure laid down in Article 15 of this Directive, within four months of receipt of a request from a Member State.

Section 2

The fish and fish products referred to in point 3 which are to be consumed as they are must, in addition, be subjected to freezing at a temperature of not more than −20°C in all parts of the product for not less than 24 hours. Products subjected to this freezing process must be either raw or finished.

Section 3

Equipment and tools such as cutting benches, containers, conveyors, gutting or filleting machines, etc must be resistant to seawater corrosion, easy to clean and disinfect and well-maintained.

Section 3

The general conditions of hygiene applicable to staff shall be those laid down in Chapter III, Section IIB, of the Annex.

Section 3

Parts of auction or wholesale markets where fishery products are displayed for sale must:

Section 3

in cold rooms where fishery products are stored:

the provisions set out under point 2(a), (b), (c), (d) and (f);

where necessary, a sufficiently powerful refrigeration plant to keep products at temperatures prescribed in the Directive;

Section 3

Working areas, instruments and working equipment must be used only for work on fishery products. However, following authorisation by the competent authority they may be used at the same time or other times for work on other foodstuffs.

Section 3

Operations such as filleting and slicing must be carried out in such a way as to avoid the contamination or spoilage of fillets and slices, and in a place other than that used for heading and gutting operations. Fillets and slices must not remain on work tables any longer than is necessary for their preparation. Fillets and slices to be sold fresh must be chilled as quickly as possible after preparation.

Section 3

Storage rooms must have a temperature recording device in a place where it can easily be read. The temperature sensor of the recorder must be located in the area furthest away from the cold source, i.e. where the temperature in the storage room is the highest.

Section 3

For products which are preserved for a limited period by a treatment such as salting, smoking, drying or marinading, the appropriate conditions for storage must be clearly marked on the packaging, in accordance with Directive 79/112/EEC .

Section 3

Fish and products subject to the conditions in point 2:

Section 4

Factory vessels which freeze fishery products must have:

Section 4

Heading, gutting and filleting must be carried out under the conditions of hygiene laid down in Chapter IV, Section 1(2), (3) and (4) of the Annex.

Section 4

After landing or, where appropriate, after first sale, fishery products must be transported without delay under the conditions laid down in Chapter VIII, of the Annex, to their place of destination.

Section 4

appropriate facilities for protection against pests such as insects, rodents, birds etc;

Section 4

Drinking water, within the meaning of Directive 80/778/EEC , or clean seawater must be used for all purposes. However, by way of an exception, non-drinking water may be used for steam production, fire-fighting and the cooling of refrigeration equipment, provided that the pipes installed for the purpose preclude the use of such water for other purposes and present no risk of contamination of the products.

Section 4

Guts and parts that may constitute a danger to public health must be separated from and removed from the vicinity of products intended for human consumption.

Section 4

Canning

In the case of fishery products which have been subjected to sterilization in hermetically sealed containers:

Section 4

Manufacturers must ensure that fish and fish products listed in point 3 or the raw materials for use in their manufacture are subjected to the treatment described in point 2, prior to their release for consumption.

Section 5

On-board processing of fishery products must be carried out under the conditions of hygiene laid down in Chapter IV, Sections III, IV and V of the Annex.

Section 5

However, if the conditions laid down in point 4 are not fulfilled, the markets in which fishery products may be stored before being displayed for sale or after being sold and pending transport to their place of destination must have sufficiently large cold rooms which satisfy the conditions laid down in Chapter III, Section I, point 3 of the Annex. In such cases, fishery products must be stored at a temperature approaching that of melting ice.

Section 5

instruments and working equipment such as cutting tables, containers, conveyor belts and knives made of corrosion-resistant materials, easy to clean and disinfect;