The Imported Food and Feedingstuffs (Safeguards against Cholera) (Amendment) Regulations 1992

Amendment of the Imported Food and Feedingstuffs (Safeguards against Cholera) Regulations 1991

2.—(1) The Imported Food and Feedingstuffs (Safeguards against Cholera) Regulations 1991(1) shall be amended in accordance with this regulation.

(2) In regulation 1(2):

(a) in the definition of “affected countr” after the word “mean” there shall be inserted the word “Brazil,”;

(b) after the definition of “affected countr” there shall be inserted:—

““aquaculture produc” means any fish, or any product of a fish, hatched and raised in controlled conditions until placed on the market as a foodstuff and includes seawater or freshwater fish caught in their natural environment when juvenile and kept until they reach the desired commercial size for human consumption and any product of such a fish;

“bivalve mollusc” means a filter-feeding lamellibranch mollusc;”;

(c) for the definition of “fish” there shall be substituted the following:—

““fish” means any seawater or freshwater animals, crustaceans or molluscs (other than bivalve molluscs) or parts of them including their roes but excludes aquatic mammals and frogs;”;

(d) after the definition of “fish” there shall be inserted:

““marine bivalve mollusc” means a bivalve mollusc caught in seawater;

“marine fish” means a fish caught in seawater;”.

(3) In regulation 2(1) before the words “No person” there shall be inserted the words “Subject to paragraph (6),”.

(4) In regulation 2(2) for the words “and (5)” shall be substituted the words, “(5) and (6)”.

(5) In regulation 2(3) before the word “fish” there shall be inserted the word “marine”.

(6) After regulation 2(5) there shall be inserted the following:

“(6) The prohibition imposed by paragraphs (1)(a) and (2) does not apply to any marine fish, marine fish product or marine bivalve mollusc or any product thereof which is caught by a vessel of the United Kingdom or of a member State and which is consigned to the territory of the European Economic Community from Peru under the customs procedure introduced by Commission Regulation (EEC) No.137/79(2).”.

(7) In regulation 3(1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (3)” and before the word “fish” shall be inserted the word “fish,”.

(8) In regulation 3(2) before the word “fish” there shall be inserted the word “fish,”.

(9) After regulation 3(2) there shall be inserted:

“(3) The prohibition imposed by paragraph (1) does not apply to any marine fish, marine fish product, or marine bivalve mollusc or product thereof which is caught by a vessel of the United Kingdom or of a member State and which is consigned to the territory of the European Economic Community from Ecuador or Colombia under the customs procedure introduced by Commission Regulation (EEC) No.137/79”.

(10) After regulation 3 there shall be inserted:

“Prohibition on importation of fish products from Brazil

3A.— (1) No person shall import into Great Britain—

(a) any aquaculture product from Brazil;

(b) any bivalve mollusc from Brazil which has not been heat-treated or any product thereof.

(2) Subject to paragraphs (3) and (4) no person shall import into Great Britain any fish or fish product or heat-treated bivalve mollusc or any product thereof from Brazil.

(3) The prohibition imposed by paragraph (2) does not apply to any marine fish or marine fish product or marine bivalve mollusc or product thereof which is caught by a vessel of the United Kingdom or of a member State and which is consigned to the territory of the European Economic Community from Brazil under the customs procedure introduced by Commission Regulation (EEC) No.137/79.

(4) The prohibition imposed by paragraph (2) does not apply to fish, fish products, heat-treated bivalve molluscs or products thereof which are imported as, or as part of, a consignment which is accompanied by a numbered and dated document issued by and signed by an authorised officer of the Federal Inspection Service of the Ministry of Agriculture of Brazil (“SIF”) containing the particulars mentioned in paragraph 1 of Schedule 4 and the declaration mentioned in paragraph 2 of Schedule 4.”.

(11) In regulation 5(1) before the word “fish” there shall be inserted the word “fish,” and after the word “country” shall be inserted the words “other than Brazil”.

(12) In regulation 6(1) after “3(1)” there shall be inserted, “3A(1) or (2)”.

(13) In regulation 7(2) after “Health” there shall be inserted, “the Federal Inspection Service of the Ministry of Agriculture of Brazil”.

(14) After Schedule 3 there shall be inserted:

Regulation 3A(4)

“SCHEDULE 4 CONTENTS OF SIF CERTIFICATE RELATING TO FISH AND HEAT-TREATED BIVALVE MOLLUSCS (AND THEIR PRODUCTS) FROM BRAZIL.

1.   The following particulars:

(a) a description of the consignment;

(b) a description of the nature of the treatment which the consignment has undergone;

(c) the registration and approval number of the factory.

2.   A declaration that:

(a) the factory is subject to an inspection regime enforced by the agents of SIF;

(b) the processing methods conform to the standards laid down in the DIPOA-3 circular No. 004/92 issued by the Technical Inspection Team for Fish and Fish Products of the Brazilian Federal Public Service and dated 15th January 1992.”

(1)

S.I. 1991/2486 as amended by S.I. 1991/2934.

(2)

OJ No. L20 pp1-8 27.1.79.