Food Safety (Fishery Products and Live Shellfish) (Hygiene) (Amendment No. 2) Regulations (Northern Ireland) 1999

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Food Safety (Fishery Products and Live Shellfish) (Hygiene) (Amendment No. 2) Regulations (Northern Ireland) 1999 and shall come into operation on 9th August 1999.

(2) In these Regulations “the principal Regulations” means the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations (Northern Ireland) 1998(1).

(3) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of regulation 2(1) of the principal Regulations

2.  In regulation 2(1) (interpretation) after the definition of “potable water” there shall be inserted—

“prepared”, in relation to fishery products, means undergoing an operation affecting the products' anatomical wholeness, such as gutting, heading, slicing, filleting, chopping, etc;.

Amendment of regulation 20(1) of the principal Regulations

3.  In regulation 20(1)(b) (direct transfers of live shellfish on local markets) of the principal Regulations, after “live” there shall be inserted “scallops (other than aquaculture products),”.

Amendment of regulation 30 of the principal Regulations

4.  For regulation 30 (obligations upon food business proprietors operating auction or wholesale markets) of the principal Regulations there shall be substituted—

Obligations on persons responsible for auction or wholesale markets

30.(1) Any person who makes premises available for 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 the market.

(2) Any food business proprietor who operates within an auction or wholesale market shall ensure that the applicable provisions of Chapters II and III of Schedule 3 are complied with as respects his business..

Amendment of regulation 41 of the principal Regulations

5.  At the end of regulation 41(2) (direct transfers of fishery products on local markets) of the principal Regulations there shall be added—

and “fishery products” in its application to shellfish means bivalve molluscs which have been gathered from a class A designated bivalve production area, scallops other than aquaculture products, echinoderms, tunicates and marine gastropods..

Substitution of Part V of the principal Regulations

6.  For Part V of the principal Regulations (inspection charges for direct landings from third country vessels) there shall be substituted—

PART VINSPECTION CHARGES

Inspection charges

47.  Schedule 4A (inspection charges) shall have effect..

Amendment of Chapter III of Schedule 3 to the principal Regulations

7.  In Section II (general conditions of hygiene) of Chapter III (general conditions for establishments on land) of Schedule 3 (production and placing on the market; conditions for fishery products)—

(a)in paragraph A1, for “equipment” there shall be substituted “lavatories, equipment intended to facilitate personal hygiene (such as hand basins) and equipment”;

(b)for paragraphs B1 and B2 there shall be substituted—

B. General conditions of hygiene applicable to persons working on or handling fishery products

1.  The highest possible standard of cleanliness is required of persons working on or handling fishery products. More specifically—

(a)persons working on or handling fishery products must wear suitable clean working clothes and headgear which completely encloses the hair; this applies particularly to persons handling exposed fishery products;

(b)persons working on or handling fishery products must wash their hands at least each time work is resumed; wounds to hands must be covered by a waterproof dressing;

(c)persons working on or handling fishery products must not smoke, spit, eat, or drink in any fishery products working or storage area.

2.(1) The employer shall take all requisite measures to prevent persons working on or handling fishery products from contaminating them.

(2) The employer shall prevent persons liable to contaminate fishery products from working on or handling them, until there is evidence that such persons can do so without risk.

(3) When recruited, any person working on or handling fishery products must prove, by medical certificate, that there is no impediment to such work or handling..

Insertion of Schedule 4A in the principal Regulations

8.  After Schedule 4 to the principal Regulations there shall be inserted Schedule 4A as set out in the Schedule.

Amendment of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) (Amendment) Regulations (Northern Ireland) 1999

9.  In paragraph 5(2)(a) of the Schedule (amendments relating to the introduction of the standard registration document) to the Food Safety (Fishery Products and Live Shellfish) (Hygiene) (Amendment) Regulations (Northern Ireland) 1999(3) for “paragraph 6A(5) and 7” there shall be substituted “paragraphs 6A(5) and (8) and 7.”.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

J. R. Kearney

Assistant Secretary

23rd June 1999.