Memorandum by the Department
1998 (S.I. 1998/994)
1. The Committee requested a Memorandum
by its letter of 6 May 1998 on the following points:
(1) Regulation 19(1)
prohibits the placing on the market for immediate human consumption
of live shellfish unless (g) they have been stored and transported
in accordance with the applicable requirements of Chapter VIII
of Schedule 2. In view of the underlined words, ought paragraph
(g) to refer also to Chapter IX (Transport) of the Schedule?
2. On point (1), it is agreed
that a reference to Chapter IX of Schedule 2 should appear in
regulation 19(1)(g). The Department intends to include that reference
when the Regulations are next amended. In the meantime, as the
transport requirements of Chapter IX apply to the proprietors
of storage and transport facilities (regulation 17), the omission
would not appear to compromise food safety.
(2) Regulation 53(1)
makes contraventions of specified regulations offences. Explain
why contravention of regulations 42, 43. 44 and 45 are not included
in the list of regulations. If their omission is intended, what
creates a criminal (or any) sanction in their cases?
3. On point (2), regulations 42,
43, 44 and 45 relate to the importation of fishery products and
live shellfish and are enforceable by virtue of regulation 56
(enforcement of Part IV). Regulation 56 provides that the conditions
set out in Part IV are to be treated as "health conditions"
for the purposes of the Products of Animal Origin (Import and
Export) Regulations 1996 (S.I. 1996/3124) ("the POAO
Regulations"), a term which by regulation 1(2) of the POAO
Regulations includes conditions relating to both animal health
and public health. Regulations 16 and 25 of the POAO Regulations
provide procedures for the issue of notices to persons who appear
to own goods which do not meet health conditions and for the destruction
of the goods if the notice is not complied with. Regulation 56(b)(iii)
of the Food Safety (Fishery Products and Live Shellfish) (Hygiene)
Regulations 1998 applies those provisions to the breach of the
conditions in regulations 42, 43, 44 and 45. It is appreciated
that breaches of those conditions are not criminal offences.
11th May 1998