The Food Safety (Live Bivalve Molluscs and Other Shellfish) (Import Conditions and Miscellaneous Amendments) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations create import conditions for live bivalve molluscs and other shellfish which are imported into Great Britain, other than those which are imported from Northern Ireland, the Isle of Man or the Channel Islands. In the process of so doing, they implement the remaining parts of Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live bivalve molluscs which were not implemented by the Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992 (“the principal Regulations”). These Regulations also implement Council Decision 93/383/EEC on reference laboratories for the monitoring of biotoxins in relation to imported live bivalve molluscs and other shellfish only, as this Decision does not require legislation for its implementation in relation to domestic live bivalve molluscs and other shellfish.

Regulation 2 is an interpretation provision. Regulation 3 sets out the conditions under which all live bivalve molluscs and other shellfish must be imported into Great Britain, other than imports from Northern Ireland, the Isle of Man or the Channel Islands. There are, however, exemptions in relation to private consignments. There are also certain additional requirements in relation to imports of live bivalve molluscs and other shellfish which originate from outside the European Economic Area, and these are contained in regulation 4. These additional requirements include compliance with any approved import conditions which have been agreed by the European Commission with particular non-EEA countries, and reference is made to the only approved import conditions thus far—they relate to Morocco—in Schedule 1. Where no approved import conditions have been agreed, alternative documentary requirements have to be met, and a specimen health certificate is set out in Schedule 3.

Regulation 5 and Schedule 4 make various amendments to the principal Regulations. These amendments include a number of technical changes which correct minor errors in the principal Regulations, but there are also some other, more substantive changes. These include: clarification of which areas may be approved as relaying areas; a new power conferred on food authorities which allows them to vary the terms of approvals granted for purification or dispatch centres; some new sample analysis requirements; and new powers which enable Ministers to undertake some microbiological testing, and to require food authorities to carry out certain of their functions.

The placing on the market provision in the principal Regulations, regulation 11, has been completely revised so as to accommodate both the new import conditions and products coming from Northern Ireland, the Isle of Man or the Channel Islands. A new regulation 11A has been added which deals with retention of documents following the splitting or repackaging of consignments, with related amendments being made to Schedules 1 and 6 of the principal Regulations. The application of the principal Regulations is now extended to the territorial waters of the United Kingdom, and a power of entry is conferred both in relation to vessels used for transporting live bivalve molluscs and other shellfish and in relation to off-shore dispatch and purification centres.

Regulation 6 stipulates that the import conditions contained in regulations 3 and 4 are to be enforced as health conditions in accordance with the Products of Animal Origin (Import and Export) Regulations 1992, and regulation 7 contains a transitional provision in relation to documentary requirements. Regulation 8 revokes regulation 22(3) of the principal Regulations which purported incorrectly to amend the Conway Mussel Fishery (Amendment) Order 1948 and the Conway Mussel Fishery (Variation) Order 1979. These amendments have now been made by the Conwy Mussel Fishery (Amendment) Regulations 1994.