Export of Dried Fish Maws (Quality Control and Inspection) Rules, 2002 (S.O. 2877)

28 August 2002 ORDER S.O. 2877, In exercise of the powers conferred by section 17 of the Export (Quality Control and Inspection) Act, 1963, (22 of 1963), and in supersession of the notification of the Government of India, in the erstwhile Ministry of Commerce Number S.O. 3090, dated 15 June, 1985 except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely: 1. Short title and commencement – (1) These rules may be called the Export of Dried Fish Maws (Quality Control and Inspection) Rules, 2002. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions: In these rules, unless the context otherwise requires, a. "Act" means the Export (Quality Control and Inspection) Act, 1963 (22 of 1963); b. "Agency" means the Export Inspection Agencies established at Bombay, Calcutta, Delhi, Cochin and Madras under section 7 of the Act; c. "Council" means the Export Inspection Council established under section 3 of the Act; d. "Dried fish maws" means the dried air bladder of the following species of fishes, namely: (1) Eel/Vilanku/Vam (Muraemesox talaboieds) (2) Jew Fish/ Kathalai/Ghol (Pseudosciacna sp.) (3) Thread Fish Kela/Dara (Polynemus, Polydactilus sp.) (4) Giant Croaker/Panna/Kote (Otolithoides brunneus) (5) Cat FishKelru/Petera/Singala (Areus sp. Tachysurus sp). (6) Bekti/Giarto perch/ Waigeu Seaperch (Lates sp., Pasmoperca sp.) (7) Lizard Fish (Saurida sp.) 3. Quality Control or Inspection – Quality Control or Inspection of Dried Fish Maws intended for export shall be carried out to conform to section 6 of the Act by effecting the following requirements of minimum standards for establishment for packing of salted or Dried Marine Products, namely: a. Salting: (i) Salting operations take place in different premises and sufficiently removed from the premises where other operations are carried out; (ii) There shall be facilities for weighing, cemented tanks for washing and racks for draining out water from the surface of fish; (iii) Table for dressing of fish should be provided. After dressing the fish, it shall be properly washed. For draining out excess water from the washed fish a table with a top of non-corrosive expanded mesh with holes shall be provided; (iv) Salt used in the treatment of fishery products must be clean and stored in such a way to preclude contamination. Left out portion, if any, of the salt shall not be reused. (v) Any container used for salting or brining must be constructed in such a way as to preclude contamination during the salting or brining process. Containers or areas used for salting or brining must be cleaned before use. (vi) The fish should be individually salted properly on the flesh side and arranged in curing vats. The vats shall be kept on raised platform to avoid direct contact with floor and permit proper cleaning of the floor. b. Sun Drying : (i) The fish can be dried in open sunlight in a clean place but away from pollution and traffic; (ii) Small fish need not be eviscerated. Large fish need to be eviscerated and washed before drying in an approved place. Potable water should be used for washing; (iii) Any area with cemented or black topped place shall be for used for drying the fish maws on the scaffolds. Utilisation of cemented grounds for other purposes, and also washing and cleaning of fish under scaffolds are forbidden; (iv) While hanging of fish on scaffolds, the lower rows shall be placed at the height of not less than 0.8 meter from the ground. c. Artificial Drying: (i) Walls and ceiling of closed rooms that are intended for dry curing of fish in artificial conditions shall be smooth and subjected easily to sanitary treatment; (ii) The chambers intended for dry curing of fish in artificial condition shall be equipped with measuring apparatus of distance type. d. Building and facilities: (i) The packing establishment shall be housed in a building of permanent nature affording sufficient protection from normal climatic hazards. The design and lay out shall be such as to preclude contamination of the product; (ii) The food handling areas shall be completely separated from the area used for residential purpose; (iii) There shall be adequate natural or artificial lighting (110-220 Lux); (iv) There shall be adequate ventilation; (v) The packing area shall be provided with effective fly proofing and measures to prevent entry of insects, rodents, birds and animals; (vi) The floor walls and ceiling of the rooms shall be smooth and subjected to sanitary treatment; (vii) All entry points shall be provided with feet washing and hand washing facilities; (viii) Instruments and utensils shall be of corrosion resistant material, easy to clean and disinfect; (ix) Adequate waste receptacles shall be provided for frequent removal of waste from the working area. The separation of dressed fish and eviceration wastes shall be rapid. (x) Change rooms shall be provided for workers. Staff shall wear suitable clean working clothes and headgears; (xi) Adequate separate toilet facilities shall be provided for male and female workers; (xii) Detergents and disinfectants shall be kept in such a way to prevent adverse affects on the equipment or products; (xiii) Packing should be carried out under satisfactory conditions of hygiene to preclude contamination of the fishery products; (xiv) Packaging shall be adequate to protect it from ravages of weather during transport as well as damages due to handling. e. Storage: (i) Isolated chambers for the storage of finished products with required temperature conditions shall be provided; (ii) The storage shall be maintained in good hygienic conditions; (iii) There shall be adequate lighting and ventilation; (iv) The walls and floors shall be damp proof; (v) The storage should have suitable fly proofing and pest control arrangements; (vi) Proper arrangements shall be made for stacking the packaged Dried Fish Maws in the storage room. 4. Procedure of Inspection - (1) An exporter intending to export dried fish maws shall submit an application to the nearest office of the Agency, giving particulars of the consignment intended to be exported, to enable it to examine such consignment for conformance to the specification referred to in rule 3. (2) Every application in sub-rule (1) shall be made not less then five days before the anticipated date of dispatch of the consignment from the exporter’s premises for shipment. (3) On receipt of the application referred to in sub-rule (2) the Agency shall inspect the consignment of Dried Fish Maws as per the instructions issued by the Council in this behalf and satisfy itself that the consignment complies with the requirements of the standard specifications recognized under clause (c) of section 6 of the Act or as stipulated in the export contract. (4) The exporter shall provide all necessary facilities to the Agency to enable it to carry out such inspection. 5. Certification – (1) If after inspection of the consignment, the Agency is satisfied that the same confirms to the standard specifications recognised under clause (c) of section 6 of the Act, or as stipulated in the export contract, and has been packed and marked according to these Rules, it shall issue a certificate with in three days from the date of inspection declaring the consignment as export worthy. (2) Where the Agency is not so satisfied, it shall, within the said period of three days, refuse to issue such certificate and communicate such refusal to the exporter along with the reasons therefor. 6. Packing and Marking for export – (1) The Fish Maws shall be packed as specified in the export contract. (2) Each package shall be marked with indelible ink or labelled with the following particulars, namely: a. Name and variety of the material; b. Net weight of contents and the gross weight of the packages; c. Shipping marks; and d. Port of destination. 7. Place of inspection – (1) Inspection for the purpose of these rules shall be carried out at the exporter’s premises, which shall be well lighted and maintained in sanitary and hygienic conditions and shall also have necessary facilities for weighing, packing and inspection. (2) In addition to the inspection at the premises referred to in sub-rule (1), the Agency shall have the right to reassess the quality of the consignment in the establishment, in transit or at the ports, as it may consider necessary to carry out the purpose of these rules. (3) In the event of the consignment being found not conforming to the specifications recognized under clause (c) of section 6 of the Act, or as stipulated in the export contract at any of stages referred to in sub-rule (2) the certificate issued under Rule 5 shall be withdrawn. 8. Inspection fee - A fee at the rate of 0.4 per cent of the fob value of the consignment, subject to a minimum of Rupees five hundred per consignment shall be paid to the Agency. 9. Appeal – (1) Any exporter aggrieved by the refusal of the Agency to issue a certificate under rule 5, may within ten days of the receipt of the communication for such refusal by him, prefer an appeal to a panel of experts consisting of not less than three but not more than seven persons appointed for the purpose by the Central Government. (2) At least two-thirds of the total members of the panel of experts shall consist of non officials. (3) The quorum of the Panel shall be three. (4) The appeal shall be disposed of within fifteen days of its receipt. (5) The decision of the panel in such appeal shall be final.