Legal Document

Title: The Aquaculture, Inland and Marine Products and By-Products (Inspection, Licensing and Export) Act
Type: Act
Issuing Agency: Ministry of Justice
Responsible Agency: National Environment and Planning Agency (NEPA)
Issuing Date: 09-05-2000

 

THE AQUACULTURE, INLAND AND MARINE PRODUCTS AND
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT) ACT

Regulations
(under section 37 (1))

THE AQUACULTURE, INLAND AND MARINE PRODUCTS AND BY-PRODUCTS
(
INSPECTION, LICENSING AND EXWR?] REGULATIONS, 2000
(Made by the Minister on the 9th day of May. 2000)

 

Part I - Primilinary

1. These Regulations may be cited as the Aquaculture, Inland and Marine Products and By-Products (Inspection, Licensing and Export) Regulations, 2000.

2. In these Regulations-

"amenities" include toilets, showers, locker rooms, change rooms, canteens, kitchens, smoking rooms for staff and sleeping quarters on a vessel;

"approved analyst" means an analyst approved by the competent authority;

"batch" means a quantity of prescribed products of the same type consisting of one or more lots, or parts of lots, from the same licensed processing establishment or licensed vessel or harvested from a production area;

"can" means an immediate container made of metal, glass or other material suitable for use as a hermetically sealed container;

"canned" means preserved by thermal processing and enclosed in a hermetically sealed can;

"carton" means an outer container, case or crate used for packaging an immediate container;

"chemical compound" means any chemical substance that is used in a licensed processing establishment or on a licensed vessel for any purpose other than as a product ingredient;

"chilled", in relation to prescribed products, means cooled by a process so that the temperature of the product is held between -l and +4 Celsius; 

"clean" means to remove soil, product residues, dirt, grease or other objectionable matter that may cause contamination of prescribed products;

"clean sea water" means sea water or brackish water which is free from microbiological contaminants or other toxic substances;

"coastal zone" means that part of the coast or an estuary or area of sea water which consists of homogenous hydrological systems;

"Codex" means the Codex Alimentarius published by the Codex Alimentarius Commission of the United Nations as amended from time to time;

"cold store" means a place at a licensed processing establishment or on a licensed vessel in which chilled or frozen prescribed products are stored;

"container", in relation to a prescribed product, means the principal covering in which the product is packed;

"critical control point" means a step, practice, procedure, process or location, that can be controlled in order to prevent, reduce or eliminate a hazard, or minimize the likelihood of its occurrence;

"declared net contents" means a declaration in a trade description of the net contents of an immediate container of prescribed products;

"defective", in relation to a sample unit of prescribed products, means that the sample unit fails to meet tolerance or sample plan conditions specified in Part XIY;

"depuration" means the removal of impurities from marine species;

"disinfect" means reduce, by means of hygienically satisfactory chemical agents or physical methods or both, the number of micro-organisms to a level that will not lead to contamination of prescribed products;

"distribution system" means the public water supply;

"domestic distribution system" means the pipe-work, fittings and appliances within the curtilage of a licensed processing establishment which are installed between the distribution network and the taps to facilitate the provision of water for human consumption;

"E.coli" means faecal coliforms which form indole from tryptophan at 44°C plus or minus 0,2°C within 24 hours;

"essential services" include water, gas, electricity, sewerage drainage and water disposal;

"external cold storage facility" means a cold storage facility that is not located within a licensed processing establishment or on a licensed vessel;

"faecal coliform" means facultative, aerobic gram-negative, non-spore forming, cytochrome oxidase negative, rod-shaped bacteria that are able to ferment lactose with gas production in the presence of bile salts, or other surface active agents with similar growth-inhibiting properties, at 44°C plus or minus 0.2°C within 24 hours;

"fillet" means a portion of the flesh, with or without skin or bone or both, of a prescribed product;

"freezer" means a chamber or equipment used solely for the purpose of Freezing prescribed products;

"frozen", in relation to a prescribed product, cooled in such a manner that the temperature of every part of the product is -18° Celsius or below after thermal stabilization;

"HACCP plan" means Hazard Analysis Critical Point plan prepared pursuant to regulation 93;

"hazard" includes any potential risk to the safety or wholesomeness of a prescribed product or its ingredients that may arise from the presence of biological, microbiological, chemical or physical property during the handling, harvesting and processing of the product;

"housing vessel" means a vessel used only fur the housing of fishermen and their equipment at sea;

 

Part I: Preliminary

"identification code" means a letter, number or combination of letters and numbers that, together with a trade description, uniquely identifies the prescribed products in a carton;

"immediate container", in relation to a prescribed product, means the container of the product that is not separated from the product by any intervening covering, except Lining material;

"ingredient", in relation to a prescribed product, means any substance (including a product additive) that is-

(a) a constituent of the product; or

(b) present in the product as a result of processing;

"'labeling", in relation to a chemical compound, includes any printed direction, relating to-

(a) the uses, storage or disposal of that chemical compound;

(b) the means of removal of any residue; or

(c) the means of disposal of any waste or packaging in which the chemical substance was contained, that is aimed to or enclosed in the packaging;

"lot" means a quantity of prescribed products of a given species that has been subjected to the same or similar treatment and has come from the same population area or vessel;

"MPN means Most probable number;
"marine biotoxins" means poisonous substances accumulated by bivalve mollusks feeding on plankton containing toxins;

"monitoring" includes inspection, measuring, sampling and analysis, whether periodically or continuously;

"noxious substance" means any chemical residue, marine biotoxin or other contaminant or prohibited substance;

"pest" includes any insect, rodent, bird or other vermin;

"port" includes an airport and a seaport;

"potable water" means water which meets the standard specified in regulation 75;

"prescribed products" means aquaculture, inland or marine products and their by-products,for export;

'"product handling area" means an area on a licensed vessel or in a processing establishment in which prescribed products are handled, processed or packaged;

"sample unit" means such quantity of prescribed products, as may be determined by the competent authority, down from a batch for the purpose of representing the batch;

"Shellfish" means oysters, mussels,clams, cockles or scallops, but does not mean the adductor muscle which is extracted from the scallop;

'sterilization"means the subjecting of equipment diagnostic media or any other like material to heat treatment using water at a specified temperature and for a specified time;

"storage area" means an area solely used for the storage of packed prescribed products, packaging materials and ingredients;

"water intended for use in the processing of prescribed products" means-

(a) potable water intended for food preparation, cooking or other domestic purposes, regardless of its origin (including wells, ponds and streams) and whether it is supplied from a public or private distribution system, from a tanker, or in bottles or other containers; and

(b) water used in any licensed processing establishment or vessel for the manufacture, processing, preservation or marketing of prescribed products or substances intended for human consumption; and

"wholesome", in relation to water, prescribed products or an ingredient thereof, means free from micro-organisms; parasites, disease, damage, mold, decay, contamination, deterioration or any other defect which renders the water, prescribed products or ingredients thereof, unfit for human consumption;

3. (1) These Regulations shall not apply to prescribed products-

(a)that are ships' stores or aircraft stores, which are brought into Jamaica for the service of a ship while on a voyage, or on an aircraft on a flight to or from Jamaica;

(b) that have not been produced, processed or manufactured in Jamaica, being product that at have imported into Jamaica and are in transit or held in bond for re-export;

(c) that are imported into Jamaica and reexported in the same covering and under the same trade description as the covering and trade description in or under which they were imported;

(d)subject to paragraph (2), that are exported in a consignment that does not exceed-

(i) 1 like in the case of liquid; or

(ii) 1 kilogram in any other case;

(e) that are being imported-

(i) as a commercial sample in the quantities specified in subparagraph

(ii) in such circumstances as are determined by the competent authority for the purposes of assisting it in the discharge of its functions under the Act or these Regulations.

    (2) Paragraph (1) (a) and (lr) shall not apply to prescribed goods referred to therein that are deemed by the competent authority to be a health hazard.

    (3) Paragraph (I) (4 shaIl not apply to products referred to therein that are exported with such frequency or in such manner as to suggest that they are being exported for commercial purposes.

    (4) These Regulations shalI not apply to-

(a) natural mineral waters; and

(b) waters which are medicinal products; OflciaiStamp and List


Official Stamp and List

4. The official stamp of the competent authority shall be in the form set out as Form 1 in the First Schedule.

    (1)TheoFficialregisteroflicencesandoperatingcertificatesgranted by the competent authority shall contain the information specified in the Second Schedule, and each entry therein shall be signed by the person authorized for that purpose by the competent authority and stamped with the official seal.

    (2) The official register may be inspected by any member of the public upon payment of the appropriate fee specified in the Third Schedule.

Inspection and Approval of Production Areas

5. (1) The official register of licences and operating certificates granted by the competent authority shall contain the information specified in the Second Schedule, and each entry therein shall be signed by the person authorized for that purpose by the competent authority and stamped with the official seal.

6. (1)Thecompetentauthoritymay, from time to time, conduct or cause to be conducted the inspection, sampling, testing and analysis of the waters of production areas to ensure that there is no noxious substance present therein' in such quantities as would be harmful to human health.

    (2) Where any such inspection indicates-

(a)  that the waters contain no noxious substance in the quantities referred to in paragraph (I), the competent authority may demarcate and approve that production area as one from which prescribed products may be harvested for export;

(b)  the presence of any such substance above acceptable levels, the competent authority shall forthwith take such steps as are necessary to notify interested persons of the results of that inspection.

    (3) Production areas in which bivalve molluscs, tunicates, echinoderms and marine gastropods are reared or harvested shall be demarcated in such a manner as to indicate-

(a) the areas from which those products may be harvested for export for human consumption;

    (6) subject to paragraph (4), the areas in relation to which harvested products-

(i)  are required to undergo purification in a relay area before being exported;

(ii)  can only be exported such period (not being less than two months) as the authority may determine whether or not those products undergo purification; or

(iii) can only be exported after undergoing extensive purification.

    (4) Harvested products from areas-

(a) referred to in paragraph (3) (b) shall not exceed the limits of a five-tube, three-dilution MPN-test of 300 fecal coliform per 100 gram of flesh or 230 E.coli per 100 gram of flesh in 90% of any sample; and

(b) referred to in paragraph (3) (b) (ii) shall not exceed the limits of a five-tube, three dilution MPN-test of 300 faecal co!ifon per 100 gram of flesh.

    (4A) Notwithstanding the tests specified in paragraph (4), an equivalent test which is internationally recognized may be applied to determine the limits; applicable, to the harvested products referred to in that para!Fph.

    (5) The competent authority shall keep records of all inspections, sampling, testing and analysis carried out pursuant to paragraph (1).

7. (1) described products for export shall not be grown in or harvested from areas where there is a presence of pesticides, fungicides or heavy metals.

    (2) Shellfish with depuration shall not be harvested for export from areas where fecal material, pathogenic micro-organisms, noxious substances, phytoplankton or radionuclides are present in concentrations that are harmful to human health.

    (3) Shellfish shall not be harvested from any production area in which-

(a) the concentration of paralytic shellfish poison equals or exceeds 80 micrograms per 100 grams of edible portion of raw shellfish, or

(b) poison is found in detectable harmful levels in the shellfish.

    (4) Oysters intended for depuration shall not be harvested from production areas in which-

(a) the total coliform median MPN exceeds 700 per 100 ml or more than 10 percent of the samples of the water exceed an MPN of 230 per 100 ml for a five-tube decimal dilution test; or

(b) thefaecalcoliformmedianMPNexceeds88per100mlormore than 10 percent of the samples of the water exceeds an MPN of 260 per 100 ml for a five-tube decimal dilution test.

    (4A) Notwithstanding the tests specified in paragraph (4), an equivalent test which is internationally recognized may be applied to determine the limits applicable to oysters.

    (5) The species of fish specified in paragraph (6) shall not be harvested from coral reef areas at any time when those areas are affected by Gamberdiscus toxic and other blooms of dinoflagellates producing ciguatoxins.


 

 

 

 

 

 

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