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MINISTRY OF AGRICULTURE, FISHERIES
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AND LOCAL GOVERNMENT
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S.I. No. 87 of 2002
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THE FOOD ACT
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(Chapter 218)
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THE FOOD (SEAFOOD PROCESSING AND INSPECTION)
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REGULATIONS, 2002
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PRELIMINARY
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The Minister, in exercise of the powers conferred by section l I of the Food Act. makes
the following regulations -
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1.
These regulations may be cited as the Food (Seafood Processing and Inspection)
Regulations, 2002.
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Citation.
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2.
In these regulations -
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Interpretation.
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“Act” means the Food Act;
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Ch. 218.
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“authorized officer” means every officer of the Department of Agriculture and Fisheries or the
Department of Environmental Health appointed for the purpose of these regulations by the Minister by instrument in
writing;
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“Certificate of Inspection” means a document issued by the Director of Fisheries indicating that a lot
of seafood meets the requirements and standards of these regulations;
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“Certificate of Sanitation” means a document issued in accordance with rule 102 of the Health Services
Rules;
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Sub. Leg. Vol. IV, p. 2134.
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“corrective action” means procedures to be followed when a deviation, or failure to meet a critical
limit occurs;
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“critical control point” means a point, step or procedure in the processing of seafood at which control
can be applied, and a food-safety hazard can be prevented, eliminated, or reduced to an acceptable level;
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“critical limit” means the maximum or minimum value to which a physical, biological or chemical
parameter must be controlled at a critical control point to prevent, eliminate or reduce to an acceptable level, the
occurrence of the identified seafood safety hazard;
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“factory vessel” means a vessel on which seafood products undergo one or more of the following
operations followed by packaging; filleting, slicing, mincing, freezing or processing;
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“food-safety hazard” means any biological, chemical or physical property that may cause a seafood to be
unsafe for human consumption;
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“hazard analysis” means a review of the processing of a seafood to determine whether there is the
potential for significant hazards to occur and includes a description of the preventive measures;
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“hazard analysis critical control point (HACCP) certified person” means an individual who has
successfully completed training in the application of HACCP principles on seafood, or who is otherwise qualified
through job experience and has been certified by the Minister responsible for food to perform these functions;
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“Health Certificate” means a certificate issued in accordance with the Health Services Act;
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Ch. 216.
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“holding station” means a plant used in connection with the buying or storage of seafood;
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“lot” means the seafood produced during a period of time indicated by a specific code;
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“monitoring procedures” means a planned sequence of observations or measurements to assess whether a
process or a critical control point is under control and to produce an accurate record for future use in
verification;
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“plant” means the building or facility or parts thereof, used for or in connection with the buying,
storage, processing, packaging, or labelling of seafood;
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“potable water” means fresh water fit for human consumption, meeting the prevailing World Health
Organization's Microbiological Guidelines for Drinking Water Quality;
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“preventive measures” means actions and activities that can be used to prevent or eliminate a
food-safety hazard or reduce it to an acceptable level;
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“processing” means any step in the preparation of seafood for human consumption;
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“sanitation standard operating procedure” (SSOP) means a planned procedure resulting from the process
where a processor systematically considers his plant's production process and physical facility, and establishes the
steps required to ensure a safe and sanitary product;
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“seafood” means fresh or saltwater finfish, crustaceans, molluscs or other forms of aquatic animal or
plant life, other than birds or mammals, where such animal or plant life is intended for human consumption, and food
products in which such animal or plant life is a characterizing ingredient; and
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“standard operating procedure” (SOP) means a planned procedure resulting from the process where the
processor systematically considers his handling and production processes and establishes the steps required to ensure
that seafood is received, handled, packaged, stored and disposed of in a manner which ensures its safety.
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Part 1
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General Provisions
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3.(1)
Subject to paragraphs (2) and (3), these regulations apply to seafood intended for
export, import and domestic wholesale trade.
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Application.
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(2)
These regulations do not apply to fishing vessels on which only freezing is carried
out.
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(3)
These regulations do not apply to quantities of one hundred pounds (45.4 kilograms)
or less of seafood that is imported for personal consumption or use.
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4.(1)
Subject to paragraphs (2) and (3) of regulation 3, all seafood is subject to
inspection and an authorized officer may appropriate a reasonable portion of seafood to use as a sample and for
inspection or testing.
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Inspection.
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(2)
The inspection and testing shall include appropriate sensory or scientific analysis
or both and will conform to the microbiological guidelines indicated in Schedule 12 and the chemical guidelines
indicated in Schedule 13.
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Schedule 12.
Schedule 13.
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5.
The owner of seafood or a person acting on his behalf shall make readily accessible
to an authorized officer any seafood for which an inspection is required under these regulations.
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Availability of seafood for testing.
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6.
An authorized officer may detain any seafood that he reasonably suspects does not
meet the requirements of these regulations.
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Power to detain seafood.
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7.
No person shall import, export, process or attempt to import, export or process, any
seafood that is tainted, decomposed, unwholesome, contains foreign matter or otherwise fails to meet the requirements
of these regulations.
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Prohibition on unwholesome seafood.
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8.(1)
No person to whom paragraph (1) of regulation 3 applies shall import into The Bahamas
or attempt to import into The Bahamas any seafood unless -
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Import requirements.
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(a)
that person is the holder of an import licence;
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(b)
each container in which the seafood is imported has a label on which the name of the
country of origin is clearly identified;
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(c)
the identity of the plant, including the country in which it is located, if different
from the country of origin in which the seafood was processed and packed, is legibly marked on the carton or case in
which the containers of seafood are shipped;
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(d)
the day. month and year of packing is legibly marked on the carton or case in which the
containers of seafood are shipped;
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(e)
in the case of seafood products specified by the Minister to present to the consumer a
high potential risk of a safety hazard, the number of containers for each production code in the import lot is
provided to an authorized officer; and
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(f)
written notification of each shipment of seafood to be imported or that is imported is
provided to an authorized officer either prior to the importation or within forty-eight hours following the
importation.
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(2)
The written notification referred to in paragraph (1)(f) shall set out, in respect of
each shipment of seafood imported or to be imported into The Bahamas -
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(a)
the name of the importer or agent;
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(b)
the common and scientific names of each type of seafood contained in the shipment;
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(c)
the quantity of each type of seafood contained in the shipment;
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(e)
the country of origin; and
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(f)
the location where the product is to be stored.
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(3)
No person shall import into The Bahamas or attempt to import into The Bahamas canned
seafood unless the cans are embossed or otherwise permanently marked in a code that identifies the name of the plant
in which the seafood was processed, and the day, month and year of processing.
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(4)
An application for an import licence must be made to the Minister in Form 1 of
Schedule 15 accompanied by the respective fee stipulated in Schedule 14.
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Form 1 of Schedule 15.
Schedule 14.
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(5)
An import licence expires on the 31st day of December of the year in which it is
issued.
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(6)
An import licence is not transferable.
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9.
Any person who imports, exports, or processes any seafood in contravention of
regulations 5, 7 or 8, or of any term or condition attached to a licence granted under these regulations, commits an
offence and is liable upon summary conviction, to a fine of ten thousand dollars or to imprisonment for a term of six
months or to both such fine and term of imprisonment.
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Penalties.
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10.(1)
For preserving the identity of any seafood detained, an authorized officer shall
attach to the seafood or its container, or to a representative container, a numbered tag upon which shall be clearly
written -
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Detention of seafood.
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(b)
an identification number;
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(c)
a brief description of the lot detained including where applicable, the size of the
container, the size of the lot, its weight, number of packages and type of packaging;
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(d)
the date of detention; and
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(e)
the signature and stamp of the authorized officer.
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(2)
Where seafood is detained pursuant to regulation 6 and in accordance with paragraph
(1), the authorized officer shall deliver or post to the owner or his agent a completed Notice of Detention and a copy
to the person, if different from the owner or agent, on whose premises the seafood was found.
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(3)
No person shall alter, deface, or remove a tag attached to any seafood or seafood
container pursuant to paragraph (1), or move, sell, or dispose of any such seafood or seafood containers unless he has
obtained a Notice of Release from an authorized officer.
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(4)
A person who alters, defaces, or removes a tag attached to any seafood or seafood
container pursuant to paragraph (1), or moves, sells, or disposes of any such seafood or seafood container for which
he has not obtained a Notice of Release from an authorized officer in contravention of paragraph (3) commits an
offence and is liable upon summary conviction to a fine of five thousand dollars or to imprisonment for a term of
three months or to both such fine and term of imprisonment.
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(5)
Notwithstanding paragraph (3), where it is necessary for detained seafood to he
transferred from one warehouse to another, or the owner of the seafood has made a reasonable request for the seafood
to he transferred under detention, the Minister may permit by written approval, such seafood to he transferred.
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(6)
Where an authorized officer is satisfied that any seafood detained meets the
requirements of these regulations, he shall prepare a Notice of Release, and deliver or post one copy thereof to the
owner of the seafood or his agent and a copy to the person, if different from the owner or agent, on whose premises
the seafood was found.
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11.
Where an authorized officer is satisfied that seafood inspected by him meets the
requirements of these regulations, he shall, on request, issue a Certificate of Inspection for such seafood in a form
satisfactory to the Minister.
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Issue of Certificate of Inspection.
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12.(1)
Where an authorized officer detains seafood under regulation 6, the owner or his
agent may, by notice in writing, appeal the decision of that authorized officer to the Minister who shall, subject to
regulation 13, order a re-inspection.
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Appeal.
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(2)
Where a re-inspection is made pursuant to paragraph (1) and the Minister makes a
decision as a result thereof, that decision shall be final.
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13.
The Minister shall not order a re-inspection pursuant to regulation 12 where -
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Limit on powers to order re-inspection.
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(a)
the identity of the seafood or containers of seafood in dispute has not been preserved
pursuant to regulation 10;
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(b)
the request for re-inspection was not made within thirty days after the disputed
inspection;
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(c)
the seafood or containers of seafood have in or upon them any poisonous or harmful
substances.
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14.
Where an authorized officer has reasonable grounds to believe that seafood has
deteriorated after the date on which it was inspected or that it otherwise fails to meet the requirements of these
regulations, he may again inspect such seafood.
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Second inspection.
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Requirement for licence.
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(a)
process any seafood on board a commercial fishing vessel unless that vessel has been
issued a licence under regulation 17(a);
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(b)
operate an holding station unless that station has been issued a licence in accordance
with regulation 17(h):
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(e)
process any seafood for commercial wholesale purposes unless all processing of that
seafood is conducted in a plant having a seafood processing licence issued in accordance with regulation 17(c);
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(d)
export any seafood unless he is the holder of a seafood export licence specific to that
seafood product, issued pursuant to regulation 17(d).
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16.
Any person who contravenes regulation 15, or any term or condition attached to a
licence granted under these regulations, commits an offence and is liable upon summary conviction, to a fine of ten
thousand dollars or to imprisonment for a term of six months or to both such fine and term of imprisonment.
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Penalty for failure to operate with-out licence.
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17.
The Minister may issue licences with respect to factory vessels, seafood holding
stations, seafood processing plants and seafood exports plants where the applicant has paid the fees in accordance
with Schedule 14 and -
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Conditions for issue of licences.
Schedule 14.
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(a)
where in the case of a factory vessel licence, the applicant -
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(i)
submits a completed application in Form 3, in Schedule 15;
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Form 3 of Schedule 15
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(ii)
meets the requirements of Schedule 1 with reference to conditions applicable to factory
vessels;
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Schedule 1.
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(iii)
meets the seafood handling requirements of Schedule 2 and Schedule 5;
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Schedule 2.
Schedule 5.
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(iv)
meets the plant cleaning and sanitation requirements of Schedule 6;
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Schedule 6.
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(v)
meets the personnel health practices requirements of Schedule 7;
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Schedule 7.
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(vi)
meets the pest control requirements of Schedule 8;
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Schedule 8.
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(vii)
meets the standard operating procedures requirements of Schedule 9;
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Schedule 9.
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(viii)
meets the sanitation standard operating procedures requirements of Schedule 10;
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Schedule 10.
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(ix)
provides a plan of the vessel on a scale of not less than one eighth of an inch to the
foot, showing the intended use of each part, room or division;
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(b)
where in the case of a seafood holding station licence, the applicant -
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(i)
submits an application in Form 3 of Schedule 15;
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Form 3 of Schedule 15.
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(ii)
meets the plant premises and construction requirements for seafood holding stations of
Schedule 3;
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Schedule 3.
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(iii)
meets the seafood handling requirements of Schedule 2 and of Schedule 5;
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Schedule 2.
Schedule 5.
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(iv)
meets the personnel health practices requirements of Schedule 7;
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Schedule 7.
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(v)
meets the pest control requirements of Schedule 8;
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Schedule 8.
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(vi)
meets the standard operating procedures requirements of Schedule 9;
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Schedule 9.
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(vii)
provides a plan of the facility on a scale of not less than one eighth of an inch to
the foot, showing the intended use of each part, room or division;
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(viii)
acquires a Certificate of Sanitation for the premises;
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(c)
where in the case of a seafood processing plant licence, the applicant -
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(i)
submits an application in Form 3 of Schedule 15;
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Form 3 of Schedule 15.
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(ii)
meets the plant premises and construction requirements of Schedule 4;
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Schedule 4.
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(iii)
meets the seafood handling requirements of Schedule 5;
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Schedule 5.
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(iv)
meets the plant cleaning and sanitation requirements of Schedule 6;
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Schedule 6.
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(v)
meets the personnel health practices requirements of Schedule 7;
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Schedule 7.
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(vi)
meets the pest control requirements of Schedule 8;
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Schedule 8.
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(vii)
meets the standard operating procedures requirements of Schedule 9;
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Schedule 9.
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(viii)
meets the sanitation standard operating procedures requirements of Schedule 10;
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Schedule 10.
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(ix)
provides a plan of the processing plant on a scale of not less than one eighth of an
inch to the foot, showing the intended use of each part, room or division;
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(x)
acquires a Certificate of Sanitation for the premises;
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(d)
where in the case of a seafood export license, in addition to the requirements for a
seafood processing plant licence, or a factory vessel licence, the applicant must -
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(i)
conduct a hazard analysis and where food safety hazards are identified, a hazard
analysis critical control point (HACCP) plan must be developed in accordance with Schedule 11;
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Schedule 11.
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(ii)
identify two HACCP certified persons employed within the seafood processing
plant;
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(iii)
conduct, at the least, an annual reassessment of the HACCP plan to verify that it meets
the requirements of these regulations. The reassessment shall be performed by one or both of the HACCP certified
persons.
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18.
The Minister may suspend, revoke or refuse to issue a licence where -
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Circumstances for suspending, revoking or refusing a licence.
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(a)
the holder of, or an applicant for, the licence has provided false information for the
purpose of obtaining a licence;
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(b)
the applicant fails to meet the requirements as set out in these regulations;
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(c)
the applicant has outstanding fees owing: and
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(d)
the applicant has failed to maintain records in accordance with these regulations, or
has falsified information contained in the records.
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19.
Licences issued under regulation 17 are not transferable and expire on the date
indicated on the licence.
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Licences not transferable.
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20.
The holder of a seafood export licence must maintain records for a minimum period of
two years relating to -
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Records for seafood export licence holder.
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(a)
the name and address of the person responsible for the HACCP program of the plant;
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(b)
each critical control point specified in the hazard analysis critical control point
plan;
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(c)
a description of the critical limits and monitoring procedures that are used;
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(d)
the frequency of the monitoring procedures;
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(e)
samples of the forms that are used during monitoring procedures and of the forms that
are used to record actions taken to correct the deficiencies;
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(f)
the description of any corrective action plans developed for correcting deviations and
maintaining compliance with the regulations;
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(g)
results of all activities conducted in accordance with monitoring procedures, corrective
actions and verification procedures taken; and
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(h)
training information of all personnel involved in performing or supervising food safety
processes.
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21.
The holders of seafood processing and seafood export licences must have a documented
recall procedure in place which provides a description of the system used to trace seafood to the first destination
and in respect of each shipment of seafood shipped, the name and address of the person to whom each shipment of
seafood processed was shipped.
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Recall system.
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22.(1)
No person shall unload, handle, hold or transport seafood intended for processing
unless the unloading, handling, holding or transportation meets the requirement of Schedules 2 and 5.
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Requirements for loading and unloading fresh seafood.
Schedules 2 and 5.
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(2)
Any person who contravenes paragraph (1) commits an offence and is liable upon
summary conviction, to a fine of five thousand dollars or to imprisonment for a term of three months or to both such
fine and term of imprisonment.
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Part 2
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Labelling and Code Markings
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23.
Every container of seafood shall be correctly and legibly labelled in English, in
addition to any other language, to indicate -
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Labelling of seafood containers.
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(a)
the common name and the scientific name of the seafood contained therein;
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(b)
the net weight of the seafood unless the container or label states that the contents are
to be weighed at the time of retail sale;
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(c)
the name and address of the processor;
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(d)
the product description;
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(e)
the country of origin;
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(f)
the grade where applicable;
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(h)
the identification of the plant by its official approval number or code;
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(i)
the lot identification code;
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(j)
the identity of any additives or preservatives used; and
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(k)
the list of ingredients in descending order of their proportion in the container.
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24.
Inner packaging may he exempted from the requirements of regulation 23, where such
product is not intended for retail sale and the outer packaging is so marked.
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Exemption.
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25.
No person shall package any seafood or mark or label any container of seafood in a
manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its purity,
quality, composition or quantity.
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Misleading labelling.
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26.
No person shall mark or label a container of seafood with a quality designation or
sell a container of seafood that is so marked or labelled unless -
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Prohibition on quality designation.
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(a)
a standard for that quality has been specified in these regulations; and
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(b)
the seafood in that container meets that standard.
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27.
Any person who contravenes regulations 23, 25, and 26 commits an offence and is
liable upon summary conviction, to a fine of five thousand dollars or to imprisonment for a term of three months or to
both such fine and term of imprisonment.
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Penalty for misleading labelling etc.
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Part 3
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Schedule 1
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Factory Vessels Requirements
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1.
The minimum requirements for factory vessels are as follows -
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(1)
A reception area set aside for taking seafood products on board the vessel, designed and
arranged into sections that are large enough to allow each successive catch to be separated. The reception area and
its movable parts must be -
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(b)
designed in such a way as to protect the seafood product from the sun and other
elements and from any source of dirt or contamination.
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(2)
A contaminant-free system for conveying seafood from the reception area to the work
area.
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(3)
Work areas that are large enough for the preparation and processing of seafood under
proper conditions of sanitation. Such areas must be designed and arranged in such a way as to prevent any
contamination of the products.
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(4)
Storage containers or storage areas that are -
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(a)
separated from the production, preparation and processing areas;
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(i)
non-food items which may be produced;
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(iii)
packaging materials;
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(iv)
waste intended for final disposal;
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(v)
cleaning products, disinfectants, insecticides and all potentially toxic substances
which must be stored in locked premises or cupboards so that their use present no risk of contamination of
seafood;
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(c)
free of objects or products such as fuel or bilge water or other forms of
contamination; and
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(d)
so designed as to allow them to be easily cleaned and to ensure that melt water cannot
remain with the seafood product.
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(5)
Holds, tanks or containers for the storage of refrigerated or frozen seafood which are
-
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(a)
separated from the machinery space and the quarters reserved for the crew;
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(b)
constructed so that the inner surfaces are waterproof and easy to sanitize and made of
smooth material not capable of contaminating the seafood product;
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(c)
designed to ensure that melt water cannot remain in contact with the seafood
product.
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(6)
Equipment for pumping seafood waste that is unfit for human consumption either directly
into the sea or, where circumstances so require, into a watertight tank reserved for that purpose.
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(7)
Equipment providing a supply of potable water or pressurized uncontaminated seawater.
The seawater intake equipment must be situated in a position where it is not possible for the incoming seawater to be
contaminated by waste or engine coolant or other forms of contamination.
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(8)
Where applicable, equipment for removing the internal organs, head and fins of seafood
must be made of or coated with a material which is waterproof, resistant to decay, smooth and easy to clean and
disinfect.
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(9)
A suitable number of changing rooms, washbasins and toilets which shall meet the
requirements specified in Schedule 4;
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Schedule 4.
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(10)
Areas used for the preparation, processing or freezing of seafood products that have
-
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(a)
a non-slip floor that is easy to clean and sanitize and equipped for easy drainage of
water. Structures and fixtures must allow water to drain freely;
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(b)
walls and ceilings that are easy to clean, particularly where there are pipes, chains
or electrical conduits;
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(c)
equipment and tools such as cutting benches, containers, conveyors, gutting or
filleting machines that are resistant to seawater corrosion, easy to clean and sanitize and practical for
maintenance;
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(d)
adequate ventilation and, where necessary, proper vapour extraction;
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(e)
lighting adequate for the process being conducted;
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(f)
facilities for cleaning and sanitizing tools, equipment and fittings; and
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(g)
appliances for cleaning and sanitizing the hands with taps that are not hand-operable
and with single use towels, where towels are used.
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(11)
The hydraulic circuit must be arranged or protected in such a way as to ensure that it
is not possible for any leakage of oil to contaminate seafood products.
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(12)
Refrigerated chill rooms which -
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(a)
are large enough and so constructed that a full day's production, with ice, if
necessary, can be conveniently stored. The room should be kept at a temperature not exceeding 45°F (7°C);
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(b)
are equipped with an accurate indicating thermometer, temperature-measuring device, or
temperature-recording device so installed as to accurately show the temperature within the compartment, and should be
fitted with an automatic control to regulate temperature or with an automatic alarm system to indicate a significant
temperature change in a manual operation.
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2.
Factory vessels which freeze seafood must have -
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(a)
refrigeration plant sufficiently powerful to -
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(i)
lower the temperature rapidly so as to achieve a core temperature of at least 0°F
(-18°C) in an appropriate period of time;
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(ii)
keep seafood products in the storage holds at a temperature of at least 0°F
(-18°C);
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(b)
storage holds equipped with a temperature recording system placed so that it can easily
be read.
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3.
The minimum conditions relating to on-board handling and storage of seafood products
are -
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(a)
a qualified person on board the factory vessel who will he responsible for -
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(i)
applying good manufacturing practices;
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(ii)
ensuring that these regulations are applied and made available to authorized officers
on request;
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(iii)
a register containing that person's comments and the temperature recording that may be
required;
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(iv)
ensuring that all measures necessary to prevent persons liable to contaminate seafood
products from handling them; and
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(v)
ensuring that effective measures are taken to exclude pests and animals from the vessel
and to protect against contamination of food on the vessel by pests; and
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(b)
a standard operating procedure which ensures that -
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(i)
as soon as seafood are taken on board the vessel, that seafood is protected from
contamination and from the effects of the sun or any other source of heat;
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(ii)
the seafood shall be handled and stored in such a way as to prevent bruising;
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(iii)
seafood other than those kept alive must undergo cold treatment as soon as possible
after harvesting. However, in the case of fishing vessels where cooling is not possible, the seafood product must not
be kept on board for more than six hours;
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(iv)
ice used for the chilling of products is made from potable water or uncontaminated
seawater. Before use, it must be stored under conditions that prevent its contamination;
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(v)
the working decks, the equipment and the holds, tanks and containers and any other
section of the vessels that are directly in contact with the seafood are cleaned each time they are used and sanitized
at the end of the work period. Potable water or uncontaminated seawater shall be used for this purpose;
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(vi)
where the head or gut of fish is removed, such operations are carried out hygienically
and the products are washed immediately and thoroughly with potable water or uncontaminated seawater, The viscera and
parts that may pose a threat to public health must be removed and set apart from the products intended for human
consumption.
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4.
The general conditions for handling of seafood shall be as required at Schedule
5.
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Schedule 5.
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5.
The general conditions of sanitation applicable to areas and equipment shall be as
required at Schedule 6.
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Schdule 6.
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6.
The general conditions of sanitation applicable to staff shall be as required at
Schedule 7.
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Schedule 7.
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7.
The general conditions relating to packaging are -
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(1)
Packaging must be carried out under satisfactory conditions of sanitation to prevent the
possibility of contamination of the seafood products.
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(2)
Packaging materials and products that are likely to come into contact with seafood
products must not contribute to the contamination of the seafood and in particular?
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(a)
must not negatively affect the organoleptic characteristics of the seafood or
contribute to the seafood, any material that is injurious to human health, and;
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(b)
must afford adequate protection to the seafood product.
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(3)
All packaging material must be used only once unless it is made of smooth corrosion
resistant material capable of being easily cleaned and sanitized. Reused materials should be cleaned and sanitized
between each use.
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(4)
Packaging materials used to hold fresh seafood under ice must allow adequate drainage of
the melt water.
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(5)
Packaging materials must be stored in an area away from the prod |