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

Regulation 3(1)(a)(ii)

SCHEDULE 2 SPECIFIED HEALTH CONDITIONS (BASED ON ARTICLES 3 AND 8 OF THE COUNCIL DIRECTIVE)

1.—(1) Subject to sub-paragraph (2), bivalve molluscs shall originate from a bivalve production area which, if that production area were in the sea adjacent to Great Britain and within British fishery limits(1), would be designated as a Class A, Class B or Class C area, and any condition or limitation set out in Schedule 3 to the principal Regulations which relates to the class of area which the production area would be designated shall have been complied with.

(2) Sub-paragraph (1) shall not apply to pectinidae which are not aquaculture products.

2.  Bivalve molluscs shall—

(a) unless harvested from a natural deposit, have been cultivated at; and

(b) have been harvested from,

a production area under conditions at least as stringent as those governing the harvesting of bivalve molluscs in Great Britain, including any relevant conditions in respect of relaying bivalve molluscs and of harvesting bivalve molluscs from a relaying area.

3.  Other shellfish shall—

(a) unless harvested from a natural deposit, have been cultivated at; and

(b) have been harvested from,

an area which is not unsuitable for the cultivation or harvesting of other shellfish.

4.  Bivalve molluscs or other shellfish shall have been transported from their production or harvesting area to any relaying area, dispatch centre or (except in relation to other shellfish) purification centre which they thereafter pass through in accordance with transportation requirements which are at least as stringent as those contained in Chapter II.

5.  Bivalve molluscs or other shellfish shall—

(a) have been handled hygienically;

(b) if they are bivalve molluscs, where appropriate, have been purified or subject to intensive purification at a purification centre which is governed by requirements at least as stringent as those governing purification centres approved in accordance with the principal Regulations and in respect of which there has been no derogation under the Derogations Regulations; and

(c) have been packed in sealed packages at a dispatch centre which is governed by requirements at least as stringent as those governing dispatch centres which have been approved in accordance with the principal Regulations and in respect of which there has been no derogation under the Derogations Regulations.

6.  Bivalve molluscs or other shellfish shall have been the subject of a public health control system which is at least as stringent as the system set out in Chapter VI and in the Reference Laboratories Decision.

7.  Bivalve molluscs or other shellfish shall be wrapped in accordance with conditions which are at least as stringent as those contained in Chapter VII.

8.  Bivalve molluscs or other shellfish shall have been stored and transported under satisfactory conditions of hygiene, and in particular in accordance with conditions which are at least as stringent as those contained in Chapters VIII and IX.

9.  Bivalve molluscs or other shellfish which are—

(a) intended for immediate human consumption shall be as specified in Chapter V;

(b) not intended for immediate human consumption shall be destined—

(i) if they are bivalve molluscs, for relaying at a specified relaying area or purification at a specified purification centre, or

(ii) for processing at a specified processing establishment,

and for the purposes of this sub-paragraph, “specified” means specified in the certificate accompanying those bivalve molluscs or other shellfish by virtue of regulation 4(2).

(1)

See sections 1(5) and 10(2)(b) of the Fishery Limits Act 1976 (c. 86).