Fish and Fishery Products Regulations (Cap. 30:01)

LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs www.legalaffairs.gov.tt Chap. 30:01 201 [Subsidiury] FISH AND FISHERY PRODUCTS REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation. 2. Interpretation. PART 1 GENERAL 3. Prohibition. 4. Requirements for vessels. 5. Transporting fish. 6. Restriction on export. 7. Marketing imported fish. 8. Certifying of establishment. 9. Operation of certified establishment. 10. Export Licence. II . Import Licence, 12. Notification by importer. 13. Conditions on licence . 14. Standard licence condition. 15. Suspension or revocation of licence. 16. Exemption permits . 17. Performance bond. 18. Failure to comply. 19. Recall Order. 20 . Fees for services or use of facilities . 21. Non-payment of fees. 22. Offshore inspection arrangements. 23. Contents of arrangement. 24. Foreign government inspections. 25. Designation of methods and equipment. 26. Approved laboratories . PART 11 SPECIFIC REQUIREMENTS FOR HANDLING FISH 27. Inspection/ rc-inspccrion. 28. Owner to assist inspection. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 202 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products Regulations ARRANGEMENT OF REGULATIONS-Continued REGULATION 29. Import/export. 30. Requirements for importation. 31. Impo rt licence requirements. 32. Cancellation or refusal of import licence. 33. Inspection by inspector. 34. Packag ing. 35. Detention. 36. Inspection certificate. 37. Appeal against decision . 38. Re-inspectiun. 39. Result of re-inspection, 40. Void certificate. 41. Establishment certificate. 42. Minister to issue certificate. 43 . Establishment inspection fcc . 44. Management of establishment. 45. Cancellation and re-instatement of establishment certificate. 46. Factory vessels. 47. Frozen fish establishment. 48. Fres h fish. 49. Export of fish. 50. Preservation of fish. 5!. Shellfish. 52. Record of export. 53. Canned fish. 54. Size and weight of can s. 55. Frozen fish. 5(,. SalLeL1 fish. PART III GENERAL REQUIREMENTS FOR ESTABLISHMENTS 57. General conditions. PART IV SPECIFIC REQUIREMENTS FOR ESTABLISHMENTS 58. Canneries. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products Regulations REGULATIONS www.legalaffairs.gov.tt Chap. 30:01 203 [Subsldlury] 59. Salted dried fish establishments. 60. Fresh or frozen fish or semi-preserved processing establishments. 61. Pickled, spiced and marinated fish establishments. PART V GENERAL OPERATING REQUIREMENTS FOR ESTABLISHMENTS 62. General requirements. PART VI SPRCIFIC OPRRA TlNG RRQUIRRMRNTS FOR ESTABLISHMENTS 63. Operating requirements in canneries. 64. Salted or dried fish establishments. 65. Fresh or frozen fish or semi-preserved processing establishments. PART Vll REQUIREMENTS FOR VESSELS USED FOR FISHING OR TRANSPORTING FISH FOR PROCESSING 66. Fish storage . PART Vill REQUIREMENTS FOR STORING FROZEN FISH 67. Frozen fish storing. PART IX REQUIREMENTS FOR VEHICLES AND EQUIPMENT USED FOR UNLOADING, HANDLING, HOLDING AND TRANSPORTING FRESH FISH FOR PROCESSING 68. Requirements for vehicles and equipment. PART X MISCELLANEOUS 69. Offences. 70. Penalty. FIRST SCHEDULE. SECOND SCHEDULE. THIRD SCHEDULE. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 204 [Subsldluey[ Chap. 30:01 Food and Drugs 2201 1998. FISH AND FISHERY ]'RODUCTS REGULATIONS made under section 25 Citation . 1. These Regulations may be cited as the Fish and Fishery Products Regulations. Interpretation. 2. In these Regulations "aquaculture products" means all fishery prod ucts born and raised in controlled conditions until placed on the market as a foodstuff. Seawater or freshwater fish or crustaceans caught in their natural environment when juvenile and kept until they reach the desired commercial size for human consumption are also considered to be aquaculture products; "certified establishment" means an establishment in respect of which an operating licence is issued under regulation 9; "competent authority" the Chemistry/Food and Drugs Division of the Ministry of Health; "container" a receptacle , package, wrapper or confining band used in marketing fish; "deco mposed" means fish that has an offensi ve or obj ectionable odour, flavour, colour, texture or substance associated with spoilage ; "establishment" means any premises or place where fish or fishery products are prepared, processed, chilled, frozen packaged or stored; "export" to send or convey fish to another country for the purpose of marketing; "factory vessel" means any vessel on which fishery products undergo one or more of the following operations filleting, slicing, skinning, mincing, freezing or processing, unci includes packaging; UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations www.legalaffairs.gov.tt Chap. 30:01 205 [Subsldlury] "fish" means all sea water or fresh water animals or parts thereof and includes: shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals; the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals; and fish products or by­ products; but excluding turtles, aquatic mammals and frogs; "grade name" means a prescribed name or designation for a category or class of fish ; "import" means to conveyor bring into the country for the purpose of marketing; "inspection mark" means a prescribed mark, stamp or seal applied to any fish or its container or to an inspection certificate; "lot" or "batch" means a shipment or part of a shipment of fish that is of the same species, is processed in the same manner by the same producer, is packaged in the same size of container and bears the same label; "marketing" means preparing, advertising, purchasing, conveying, distributing, trading in and selling fish and any other act necessary to make fish available for consumption or use; "minister" means the Minister to whom the responsibility of Health is assigned; "preparing" means processing, storing, inspecting, grading, assembling, packaging, pricing, marking, coding and labelling; "preserved" means any fish that has been prepared by salting, smoking, drying or any combination thereof with a moisture content not greater than twenty-four per cent; "processing" means cleaning, eviscerating, filleting, washing , shucking, chilling, icing, packing, canning, freezing, irradiating, pasteurizing, preserving, smoking, salting, cooking, pickling and drying ; "Regulations" means Regulations made under the Food and Drugs Act ; L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 206 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products Regulations Proh ibition. Se qutremems for vessels. Trancporting fish . Rest riction on expOlt. "sterilised" means fish that has been treated with heat to prevent spoilage and to destroy all pathogenic organisms; "tainted" means fish that is rancid or has an abnormal odour or flavour; "transport" means conveyance by any vessel , aircraft, motor vehicle, cargo container, trailer or other means of transportation of goods or fish; "unwholesome" means fish that has III or upon It bactena of public health significance or substance toxic or aesthetically offens ive to man. PART I GENERAL 3. (I) No person shall import, export or prepare fish for export without a licence and/or certificate issued under regulation 10 or 11. (2) No person shall import, export or have in possession for export any fish that is tainted, decomposed or unwholesome, as defined in these Regulations, or any containers that do not meet the prescribed requirements. 4. No person shall catch fish from a vessel for the purpose of marketing, unless the vessel meets the prescribed requirements. 5. No person shall import or export fish or convey it to or from a certified establishment unless the means of transport and equipment used for loading, unloading, handling, holding or transporting the fish meet the prescribed requireme nts. 6. (I) No person who holds a licence issued under regulation 10 shall export or have in possession for export any fish that does not meet the requirements of prescribed regulations. (2) Each shipment prepared for export shall be accompanied by an Export Health Certi ficate issued by the competent authority wherever applicable. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations www.legalaffairs.gov.tt Chap. 30:01 207 [Subsldlury] 7. No person shall market or have in possession to market Mark eting . . . . Import ed fish. any fish that has been Imported unless the fish meets the requirements of prescribed Regulations. 8. The Minister may issue to any person a certificate CeJtifying of . . .. . extatills luneru. authorising the person to use an establishment for importmg or exporting fish or preparing it for export. The application for the issue of a certificate shall be in the manner set out in Form A of ~:~I;~ls~i,~dule . the First Schedule and the certificate issued shall be in the manner set out in Form B. 9. No person shall operate a certified establishment unless it Operation of he reoui f h 'b d lati certif iedmeets t e requirements 0 t e prescn e Regu anons. establishment. 10. The Minister may issue to any person who may not hold D:,polt if d bl ' h Ii li f LIcence.a cern Ie esta IS ment icence, a rcence to prepare or export or to export fish prepared in a certified establishment. The application for an export licence shall be set out in Form C of the F orm C, D . . S d 1 h li . d h 11 . Firs t Sche dule.FIrst che u e and t e icence Issue s a be m the manner set out in Form 0 of the First Schedule. 11. The Minister may issue to any person a licence to import Import licence. fish in the manner set out in Form E of the First Schedule. The Form s C, E. Firs t Schedule. application for a licence to import fish shall be in the manner set out in Form C of the First Schedule. 12. A person who holds an import licence shall notify the Notif icat ion by competent authority of each importation of fish in the form and Imp orter. manner prescribed and shall not market the fish without the competent authority 's approval. 13. The Minister after consultation with the competent Conditions on authority may attach such conditions as he considers necessary to licence. any licence or exemption permit is sued under the Regulations . 14. It is a condition of every licence issued under regulation 8 Standard or 10 that all fish in an establishment operated by the licence holder ~~;~ftron. are deemed to be for export and are subject to the Regulations. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 208 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products R egulat ions Suspe nsion or revocation of ncenc e. Rxe mptio n permits . Perform ance bond. Failure to comply. 15. The Minister may refuse to issue a new licence to a pe r~on , or may suspend or revoke a pe rson'« li cence or vary its terms and conditions, if such person contravenes (a) any condition of the licence; (b ) any proyrsion of the Act , Regulations or an Order issued. 16. The Minister may issue a permit to any person or class of persons exempting them from the application of any of the provisions of the Regulations, where the exemption is necessary in his opinion for, (a) the production or marketing of experimental or test products or pharmaceut icals; (b) the rework reconditioning, culling or salvage of fish to enable it to meet the requirements of the Regulations ; (c) the marketing, possession use of disposal of tainted, decomposed or unwholesome fish not intended for human consumption; (d) the re-use of containers or the use of labels that do not meet the prescribed requirements; (e) the labelling of products to accommodate particular cultural communities or foreign markets ; (f) the production and supply of food III an emergency or for international aid. 17. The competent authority may require any person to whom a licence is issued under these Regulations to post a performance bond or provide other security that is satisfactory to the competent authority as a guarantee that the person will comply with the Regulations and the terms and conditions of the licence. 18. Where a person fails to comply with the Regulations or any conditions of the licence, the competent authority may enforce the performance bond or other security referred to in regulation 17 and forfeit the said bond or security to the State. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations www.legalaffairs.gov.tt Chap. 30:01 209 [Subsldlury] 19. Where the Minister believes that exported or imported Recall Order. fish pose a danger to public health and safety . he may. by notice served on any person importing, exporting or marketing the fish , order the person to recall it and send it to a place designated by the competent authority. 20. The Minister may by Order fix or alter the fees to be paid ~ee~. fOl.· . . c . h f c. '1' id d d he Resulati services OJ uselor a service or t e use 0 a raci tty provi e un er t e Regu anons. of facilities. 21. The Minister may (a) withdraw or withhold a service, the use of a facility, product or the conferral of a right or privilege under the Regulations from any person; or (h) cancel, suspend or refuse to issue a licence, if the person fails to pay prescribed fee and if consistent with public health and safety. Non-payment of fees. 22. The Minister may enter into an offshore inspection Offshore t .th c . t inspectionarrangemen WI one or more roreign governments, governmen arrangements. agencies or trade organisations where he is satisfied, based on verification by the competent authority (a) that the legal requirements, fish inspection systems and infrastructure for preparing fish for p.xport in that ~ollntry and that fish imported into this country meets the requirements of the laws of Trinidad and Tobago; or (h) that any establishments in that country meet the requirements of the Regulations for certified establishments and that fish exported from those establishments to Trinidad and Tobago meets those requirements. 23. An offshore inspection arrangement may include Contents of arrangement. authority for the Minister lU (a) issue foreign plant operating certificates to persons operating establishments in the other country for the purpose of exporting fi sh to Trinidad and Tobago; L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 210 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products R egulat ions (b) inspect establishments in the other country and the fish prepared in those establishments; (c) establish compliance, monitoring and inspection req uirements for imports from the other country or from establishments in that country; (d) recognise certificates of inspec tion issued by other countries; (e) implement any programme or project related to fish inspection and make funding arrangements for that purpose including the sharing of revenues or the reco very of costs of the programme or project; or (1) fix fees for foreign plant operating certificates or for the reco very of the costs of delivery of offshore inspection services. Foreign ~()vern~m>nt inspection s. D",,,ienatinn nf methods and equipment . Approved laboratori es. Tn"'pf> rti nn/ re-mspecnon. 24. The Minister may rely on the results of inspections conducted by the mspection agency of a fore ign government or foreign trade organisation for the purposes of negotiating or implementing an offshore inspection arrangement or of determining whether fish imported pursuant to an arrangement meet the requirements of the Regulations. 25. The competent authority may designate methods and equipment to be used by inspectors in carrying out their duties and functions under the Regul ations . 26. The Mi nister may appro ve, or engage the services of an approved laboratory or engage a standard organisation to approve private or go vernment laboratory or any other place for use in grading, testing, analysis or experiments in science conducted for the purpose of carrying out inspections under the Regulations. PARI' 11 SPECIFIC REQUIRElYillNTS FOI{ HANDLING FISH 27. All fish shall be subject to inspection and an inspector may take samples of fish free of charge for the purpose of inspection. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations www.legalaffairs.gov.tt Chap. 30:01 211 [Subsldlury] 28. The owner of fish or person acting on his behalf shall make Owner t o assist inspection. readily accessible to an in spector any fish or containers for which inspection or re-inspection is required under the Regulations. 29. No person shall import, export or process for import or I m port /export. export or attempt to import or export (a) any fish that is tainted, decomposed, unwholesome or contains in whole or in pan any parasites, or otherwise fails to meet the requirements of the Regulations; or (b) any live oysters, clams, mussels or other molluscs (except scallops) or raw products derived therefrom, whether frozen or unfrozen, unless the competent authority is satisfied on the basis of information submitted that the waters from which they are handled and processed are of such a nature as will ensure that the shellfish are wholesome. 30. (l) No person shall import into Trinidad and Tobago or Rcc\ uircmcnt, for Importation. attempt to import into Trinidad and Tobago any fish unless (a) the identity of the establishment at which the fish is packed and the day, month and year of packing are legibly marked on one end of the carton or case in which the containers of fish are shipped; (h) in the case of canned fish, a list indicating the establishment and the number of containers for each production batch is provided to an inspector; (c) each container has a label on which the name of the country of origin is clearly identified; (d) that person is the holder of an import licence; and (e) written notification of each shipment of fish to be imported is provided to the competent authority prior to the importation. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 212 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fislia ry Products R egula tions Import licence requirements. (2) The notification referred to in subregulation (1)(e) shall s~t out , in r~ sp~rt of ~orh sh ipment of fish to he imported into Trinidad and Tobago and each type of fish contained in that shipment, (aJ the quantity : (b ) the producer: (c) the country of origin : and (d) the place where the fish will be held pending inspection or notification by an inspector pursuant to subregulation (3). (3) No person shall move or attempt to move fish that has been imported into Trinidad and Tobago from the place indicated in the notification referred to in subregulation (1)(e) unless the fish has heen inspected and meets the requirements of the Regulations. (4) No person shall import into Trinidad and Tobago or attempt to import into Trinidad and Tobago any canned fish unless the fans are embossed or otherwise permanently marked in a manner that identifies the name of the establishm ent and day, month and year of processing. 31. (I) Subject to subregulation (2), the Minister may issue an import licence on receiving an application and the applicant paying a fee of one thousand fi ve h undred dollars . (2) An import licence is not assignable and is valid for one year after the date of issue indicated on the licence . (3) An importer of fish shall maintain, at an address in Trinidad and Tobago and for not less than two years (a) the name and address of the person to whom each shipment of fish was shipped [ 10111 the importer and the date on which the fish was shipped: (b) all complaints that are received respecting the proccssmg, storing , grading , packaging or marking of imported fish, and the evaluations conducted and any actions taken as a result of each complaint: and (c) evidence of adequate processing of fish. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulation s www.legalaffairs.gov.tt Chap. 30:01 213 [Subsldlury] 32. (1) The Minister may cancel or refuse to issue an import Cancellation or refusal of licence where the holder of, or the applicant for the licence- imp or t li cenc e . (a) has provided false information to the Minister for the purpose of obtaining a licence; (h) has failed to provide a written notification required pursuant to regulation 30(1)(e); (c) has provided false information to an inspector in a written notification required pursuant to regulation 300)(e). (2) Where a shipment of fish is imported into Trinidad and Tobago, the importer shall pay an inspection service fee of (a) where the fish is intended for further processing resulting in substantial transformation of the fish, three hundred dollars for each shipment of fish that is being delivered to an establishment that has a certificate; and (b) in any other case, subject to a maximum of one thousand dollars with respect to each shipment, one hundred dollars for each lot of fish. 33. (1) Subject to subregulations (2) to (4), any fish Inspection by . J . "J J . J Inspector.unponer Into TUIll · ad anc Tobago may be subjeciec , on random basis, to an inspection by an inspector. (2) Where a type of fish produced by a producer fails to pass an inspection, (a) the type of fish, the name of the producer and the date of inspection shall be recorded by the inspector on the import alert list maintained by the competent authority; and (h) sh ipm ents or lots of that type of fish that are produced by that producer and subsequently imported into Trinidad and Tobago shall undergo the same type of inspection until four consecutive shipments or lots have passed the inspection. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 214 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products Regulations Packaging. Dete ntion. (3) Where a type of fish that is produced by a producer fails to pass a label evaluation inspection, lots of that type of fish that are produced by that producer and subsequently imported into Trinidad and Tobago shall undergo a label inspection until one lot passcs the inspection. (4) Where a type of fish that is produced by a producer is imported into Trinidad and Tobago and that type of fish produced by that produc er has not been imported into Trinidad and Tobago within the previous two years , that importation shall undergo every type of inspection applicable to that type of fish. (5) Where a type of inspection is performed pursuant to any of subregulations (I) to (4), the importer shall pay the applicable fee set out in these Regulations. 34. Unless otherwise permitted by the competent authority, fish shall be packed in new, dean, sound containers. 35. (I) For the purpose of preserving the identity of any fish, an inspector lllay detain the fish by attaching to any of the fish or any container thereof a numbered tag upon which shall be clearly written (a) the word "hold"; (h) an identification number; (c) a brief description of the lot detained: (d) the date; and (e) the signature of the inspecto r. (2) Where any fish is detained pursuant to subregulation (I), the inspector shall deliver or mail to the owner or his agent a duly completed notice of detention . (3) Where any fish is detained pursuant to subregulation (I), on premises owned by a person who is not the owner of the fish, a copy of the notice of detention shall be delivered or mailed to that person. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulation s www.legalaffairs.gov.tt Chap. 30:01 215 [Subsldlury] (4) No person shall alter, deface or remove a tag attached to any fish or container thereof pursuant to subregulation (1) or move, sell or dispose of any such fish or container thereof unless he has obtained a release from an inspector. (5) NULwithstanding subregulation (4), where it is necessary for any fish or container thereof referred to in that subregulation to be moved from one warehouse to another, or the owner of the fish or container or his agent has made a reasonable request for the fish or container to be moved under detention, an inspector may permit such fish or container thereof to be moved accordingly. (6) Where an inspector is satisfied that any fish detained pursuant to subregulation (5), meets the requirements of the Regulations, he shall prepare a notice of release and deliver or mail one copy thereof to the owner of the fish or his agent and one copy to the person, if any, on whose premises the fish was found . 36. (I) Where a person requests an inspection certificate for Ins~e~i()n fish, an inspector shall, certificate. (a) where the person operates the e stablishment in which the fish was processed, inspect the processing record of the establishment to determine whether an inspection of the fish is required and, if required, inspect the fish; and (h) in any other case, inspect the fish. (2) An inspector shall issue an inspection certificate for fish where the inspector determines, following an inspection of the fish, that the fish meets the requirements of the Regulations. (3) A person who requests an inspection certificate for fish shall pay an inspection service fee of one hundred dollars . 37. (1) Where a person interested in a decision of an inspector Apjle.at against . •• decision . in respect of any inspection, grading, marking or other matter under the Regulations is not satisfied with that decision, the person may, within thirty days after such decision, by notice in writing, appeal against the decision to the Minister who may order are-inspection. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 216 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products R egulat ions Re-incpection Result of re-inspection. Void certificate. Establishment certificate. Minister to issue certificate. Third Schedule. (2) Where a re-i nspcction is made pursuant to subrcgulation (1) and the Minister makes a decision as a result thereof, that decision shall be final. (3) A person who appeals a decision under subregulation (1) , shall pay the applicable fee for re-inspection that is ordered. 38. Where an inspector has reasonable grounds to believe that fish has deteriorated after the date on which it was inspected or that it otherwise fails to meet the requirements of the prescribed Regulations, he may re-inspect such fish. 39. Where a re-inspection is made under regulation 38 and the fish is found not to be of the grade marked on the container. any inspection marks and quality designations on the container shall be removed or oblitera ted and any inspection certificate that may have been issued for the fish shall be void. 40. No person shall use an inspection certificate if he IS aware that the certificate is void. 41. No person shall export, process for export or attempt to export or process for export any fish, unless all processing of that fish is carried out in an establishment that has been certified. 42. The Minister may issue a certificate in respect of an establishment where (a ) the esta blishment meets the prescribed requirements; (h) a quantity management programme has been developed for use in the establishment; (c) the establishment's qualit y management programme meets the requirements set out in the Third Schedule; and (d) the applicant pays the non-refundab le application fee. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products Regulations www.legalaffairs.gov.tt Chap. 30:01 217 [Subsldlury] 43. Where a person who is the owner or operator of an estahlishment or of facilities intended for use as an establishment makes an application to determine whether the establishment or the facility meets the prescribed requirements, the person shall pay a fee of one thousand dollars. 44. (1) Any operator of an establishment in respect of which a certificate has been issued and in which fish is processed for export shall (a) comply with the prescribed requirements; (b) implement and comply with the establishment's quality management programme; (c) ensure that the establishment's quality management programme meets the requirements set out in the Schedule to these Regulations; (d) keep and make available for inspection by an inspector for a period of not less than three years, detailed records of the inspections and evaluations conducted, or any actions taken within the establishment pursuant to its quality management programme; (e) keep up to date and make available to an inspector or request all required information and documentation; and (f) keep the certificate issued displayed in a prominent manner. (2) A registration certificate is not assignable and is valid for only one year after the date of issue indicated on the certificate. 45. (1) The Minister may cancel the registration certificate issued in respect of an establishment where (a) the establishment has serious contamination; (b) the establishment is not in compliance with the prescribed requirements; (c) the establishment's quality management programme is not being complied with; UPDATED TO DECEMBER 31ST 2009 Establishment inspection fee. Man agement of establishment. Schedule. Cancellation and re­ instatement of establishment certif icate, L.R.O. 112009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 218 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products R egulat ions Factory vessels. Frozen fish e st abl is hme nt . (d ) the establishment's quality management programme does not meet the requirements set out in the Schedule ; (e) any required information or documentation is falsified ; and (f) the records referred to in regulation 44(d) are falsified . (2) Where the Minister has cancelled a certificate under subregulation (I) , the owner or operator of the establishment may reques t an inspection to determine whether the registra tion certificate may be re-instated. (3) The owner or operator of an establishment who requests an inspection under suhregulation (2), shall pay a fee of one thousand five hundred dollars for such inspection. 46. (I ) Subject to subreg ulation (2), no person shall use a vessel for fishing or for transporting fish for the purposes of processing unless the vessel displays a certificate sticker that has been placed thereon by an inspector, certifying that the vessel meets the prescribed requirements. (2) The certification sticker on a vessel may be removed by an inspector where the vessel is not maintained or operated in complian ce with the prescribed requirements. 47. No person shall operate an establishment for storing frozen fish unless the establishment meets the prescribed requirements. Presh fish . 48. No person shall unload, handle, hold or transport fresh fish intended for processing unless the unloading , handling, holdin g or transportation meets the prescribed requirements. Bxp ort of fish. 49. No person shall export , process for export or attempt to process for export any fresh fish unless the unloading, handl ing, holding and tran sportation of such fish have been conducted in accordance with the prescribed requirements. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations www.legalaffairs.gov.tt Chap. 30:01 219 [Subsldlury] 50. (1) Processed fish shall be protected from contamination Preservation of and the weather during loading, unloading and transportation. fish. (2) Fresh fish and semi-preserves, while under the control of a carrier, shall be kept properly chilled. (3) Frozen fish, while under the control of a carrier, shall be kept refrigerated in such a manner that, when it is delivered to its de stination, the temperature of such fish will not have increased more than 5.5°C from the temperature at the time it was loaded. 51. No person shall- Shellfish. (a) process crabs, lobsters, clams, oysters, mussels or whelks that are not alive ; or (b) pack, sell, export or import clams, oyster, mussels or whelks in any form unless such molluscs are free from shellfish toxin when tested by a method approved by the competent authority. 52. Every person who exports fish from an establishment shall Record of export, keep a record of the name and address of the person to whom, and the date on which, the fish is shipped from the establishment. 53. (1) No person shall export or import or attempt to export Canned fish. or import cans of fish that (a) have not been properly sealed; (b) the tops or bottoms of which have been distorted outwards: or (c) are otherwise detective. (2) Canned fish shall be sterilised by a method approved by the competent authority. (3) All canned fish shall have sufficient vacuum to ensure that can ends do not bulge when the product is heated to a temperature of 35°C. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 220 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products R egulat ions Size and weight of cans. Froze n fish. Salted fish. 54. The Minister may, upon written request, (a) authorise the use of ean sizes other than those approved by the competent authority ; and (h ) establish the net weight and drained weight of the contents thereof. 55. (I) No person shall mark or label any frozen gutted fish or any container thereof unless the fish conforms to the standard prescr ibed for that specie. (2) Frozen gutted fish shall be protected from oxidation and dehydration by a glaze of ice or a tightly wrapped membrane. 56. (I) Salted fish containing "pink" or "red" and having a moisture content not exceeding twenty-fo ur per cent at the time of in spection 01 packing, whichcv er last occurs, shall not be offered for human consumption. (2) The moisture content of boneless or semi-boneless sailed fish shall not exceed fifty-four per cent. (3) No container of boneless or semi-boneless salted fish shall contain more than one species of fish. (4) Boneless or semi-bon eless salted fish shall be packed in new, clean containers that are completely lined with parchment or wax paper or are impervious to moisture. (5) Boneless salted fish may be prepared as fibred fish by separating the fibres and shredding the fish. (6) Boneless salted fish shall have bones remo ved. (7) Semi-boneless salted fish shall have all bones except the pin bones removed . (8) Salted fish for export from Trinidad and Tobago shall be kench or pickle cured and shall be packed according to moisture content. (9) The classes of salted fish are "l ight salted" , semi­ preserved, having a salt content of six per cent to ten per cent and "heavy salted", preserved having a salt eontent of more than ten per cent but not exceeding eighteen per cent. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations PART HI www.legalaffairs.gov.tt Chap. 30:01 221 [Subsldlury] GENERAL REQUIREMENTS FOR ESTABLISHMENTS 57. (l) The surface of floors in wet working areas where fish Gene.r~II conditions, is recei ved, held or processed shall be sloped for drainage purposes and constru cted of concrete or such other material as the competent authority may approve. (2) Floors in dry working areas shall be properly constructed of such material as the competent authority may approve . (3) Drains shall be of a type and size sufficient to carry off process effluents and water from cleaning operations and shall be equipped with traps or other devices to preclude the entry of gases or vermin into the building through the drains. (4) Inside surfaces of walls in wet working areas where fish is received, held or processed shall be constructed of smooth, waterproof, light coloured material that is acceptable to the competent authority and that can be thoroughly washed up to a height of not less than four feet. (5) Natural or mechanical ventilation systems shall provide clean air, remove undesirable odours, steam and smoke and prevent condensation in rooms where work is performed. (6) Toilet facilities of types and in numbers approved by the competent authority shall be provided. (7) Rooms in which toilet facilities are located shall have doors of a type approved by the competent authority. (8) Sanitary washbasins equipped with hot and cold running water, liquid or powdered soap, hand sanitizers, foot operated faucets and air dryers or single service towels, of types shall be provided. (9) A foot bath shall be placed at each entrance to the prorp.""ing area and maintainerl with an :lONlIl:ltP "lIpply of an appropriate sanitizer. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 222 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products R egulat ions (10) An adequate supply of safe , sanitary water that ha s a resid ual chlorine level of 5 ppm and a zero coliform bacteria count, determined by the membrane filter method shall be provided under a minimum operating pressure of 20 pounds per square inch. (II) An establishment may use water other than water referred to in subre gulation (10) for fire protection, boilers or auxilliary serv ices if there is no connection between the water systems providing water to the establishment. (12) The Iraiues and Iegs of all equipment Ull which fish is processed shall be constructed of me tal or other ma terial approved by the competent authority. (13) Tables shall be so constructed that they and the areas beneath can be readily cleaned. (14) Bins or receptacles in which offal is stored shall be watert ight, construc ted of meta l or other material approved by the competent authority and, where necessary to prevent contammation otthe establtshment or any fish processed therein, be eq uipped with well-fitted covers . (15) A concrete or other suitable surface, sloped for drainage purposes , shall be placed under ele vated offal bins. (16) Wood shall no t be used for the construction of any part of a conveyor that comes in contact with fish . (17) Flumes for conveying fish shall be constructed of non-corrodible material, other than wood, and in such a manner that they can be properly cleaned. (18) A minim um illumination inte nsity of 215 Imlm2 shall be provided on all working surfaces in processing rooms. (19) Lights over processing are as shall be shatterproof or covered with protective shields particularly in areas where food is exposed at any stage of processing. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations PART IV www.legalaffairs.gov.tt Chap. 30:01 223 [Subsldlury] SPECIFIC REQUIREMENTS FOR ESTABLISHMENTS 58. (1) Rooms in which fish is processed shall have ceilings Canneries. that are free from cracks , crevices and open joints, constructed of smooth, washable, light coloured material and are of a height acceptable to the competent authority. (2) There shall be no exposed pipes over any working surface on which fish is processed. (3) Hot water shall be provided and maintained at a minimum temperature of /13°C in sufficient quantity for the operations of the cannery. (4) Facilities shall be provided, at a convenient location, for disinfecting the protective hand coverings used in processing areas. (5) Cutting, filleting and skinning boards shall be made of material that is smooth and without cracks and shall be constructed in a manner approved by the competent authority. (fl) Roller devices used for extracting lobster or crah meat shall be constructed of non-corrodible material approved by the competent authority. (7) Surfaces other than cutting, filleting boards, on which fish is processed shall be made of non-corrodible materials, other than wood, and all joint on such surfaces shall be smooth and watertight. (H) All receptacles, trays, containers and utensils used tor processing fish shall be of non-corrodible material, other than wood, and shall have smooth surfaces free from cracks and crevices. (9) Boxes, carts, bins and other receptacles used in a cannery for holding fish, other than live fish, before it is further processed or shipped shall be constructed so as to provide drainage and shall be of a material approved by the competent authority. (10) Conveyor belts that come in contact with fish, other than canned fish , shall be fitted with :lspr:ly washer and , where practical, a scraper. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 224 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products R egulat ions Salted or dried fiuh establishme nts. (I I) Wire mesh utensils shall not be used in processing except for the handling of shellfish and crustaceans in the shell. (12) Enamelled utensils shall not be used in processing. (13) An adequate supply of steam shall be maintained at a sufficient pressure for the operations of the cannery. (14) Every cannery shall be equipped with one or mOre­ (aJ sealing machines of a type approved by the competent authority; and (b) retorts equipped with properly installed: (i) mercury-in-glass thermometer; (ii) pressure gauge; (iii) steam spreader; and (iv) venting valves. 59. (I) Inside surfaces of walls in dry working areas where salted or dried fish is processed or stored shall be constructed of light coloured material that is acceptable to the competent authority. (2) Ceilings of working areas where fish is processed shall be of a heigh t and constructed of materia l acceptable to the competent authority. (1) Cutting surfaces on which fish is dressed or split shall be made of material that is smooth and without cracks and shall be constructed in a manner appro ved by the competent authority. (4) Table surfaces, other than cutting and cleaning boards , on which fish is processed shall be made of non­ corrodible material. other than wood. and all joints on such surfaces shall be smooth and watertight. (5) All receptacles, trays and utensils used for holding salted fish, other than packaged fish, shall be construct ed of material approved by the competent authority. (6) Receptacles, trays and utensils in which pickled fish is held shall be constructed in such a manner that the contents thereof can drain . UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations www.legalaffairs.gov.tt Chap. 30:01 225 [Subsldlury] (7) Containers used in the processing of fish shall be constructed of material approved by the competent authority. 60. (I) Rooms in which fish is processed shall have ceilings Fresh or froze n h f f k . d . . d f fish or semi-t at are ree rom crac s, crevrces an open joints, constructe 0 p re se rve d smooth washable light coloured material and are of a height proce~sing , , establishments. acceptable to the competent authority. (2) Hot water shall be provided and maintained at a minimum temperature of 43°C in sufficient quantity for the operations of the fresh or frozen fish establishment. (3) Facilities shall be provided at a convenient location, for disinfecting the protective hand coverings used in processing areas. (4) Cutting, filleting and skinning board shall be made of material that is smooth and without cracks and shall be constructed in a manner approved by the competent authority. (5) Roller de vices used for extracting lobster or crab meat shall be constructed of a non-corrodible material approved by the competent authority and shall be equipped with spray washers. (6) Surfaces, other than cutting, filleting and skinning boards, on which fish is processed shall be made of non­ corrodible material, other than wood, and all joints on such surfaces shall be smooth and watertight. (7) All receptacles, trays, containers and utensils used for processing fresh fish, frozen fish or semi-preserves shall be of non-corrodible material, other than wood, and shall have smooth surfaces free from cracks and crevices. (8) Boxes. carts. bins and other receptacles used in a fresh fish, frozen fish or semi-preserves establishment for holding fish, other than live fish, before it is further processed or shipped shall be constructed so as to provide drainage and shall be of a material approved by the competent authority. (9) Conveyor belts that come in contact with fish, other than packaged fi sh, shall be fitted with a spray washer and, where practical, a scraper. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 226 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products Regulations Pickled, spiced and marinated fish establishments. General requirements. (10) Wire mesh utensils shall not be used in processing except for handling she llfish and crustaceans in the she ll. (11) Enamelled utensils shall not be used in processing. (12) Freezing facilities for processed fish shall be capable of red ucing the temperature at the centre of a 25 mm thick block of unpackaged fillets to 18° C or less , in two hours or less . 61. (I) Regulation 58(1) to (5) , and regul ation 58(7) to (12) of these Regulations apply to pickled, spiced and marinated fish establishments. (2) Inside surfaces of walls in dry working areas where fish is processed shall be constructed of light coloured material that is acceptable to the competen t authority. (3) Sufficient space, acceptable to the competent authority, shall be provided for the storage of curing ingredients. (4) Sufficient warehouse space shall be pro vided to protect the product from freezing or overheating during curing. PART V GENERAL OPERATING REQUIREMENTS FOR RSTARLTSHMRNTS 62. (1) No person who (a) is known to be suffering from any communicable disease; (h) is a known "carrier" of any disease; or (c) ha s an infected wound or open lesion on any part of his body, shall be employed in any working area of an establishment. (2) Every person engaged in handling or processing fish shall wash his hands immediately after each absence from duty. (3) No person, who with their bare hands handle fish, shall wear fingernail polish. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations www.legalaffairs.gov.tt Chap. 30:01 227 [Subsldlury] (4) All waterproof garments shall be properly cleaned after each work shift. (5) No person shall chew, eat, smoke or spit in a working area of an establishment. (6) Toilet facilities shall be maintained in a manner satisfactory to the competent authority and a supply of toilet tissue shall be available in each toilet room. (7) Sewerage, including liquid waste from fish processing operations and the water supply of the establishment must be di sposed in a manner acceptable to the competent authority. (8) Offal and other refuse shall be removed from the processing area at least once daily and be handled in manner satisfactory to the competent authority. (9) Offal bins or receptacles shall be used only for offal. (10) Dogs, cats and other animals shall not be allowed in an establishment. (11) A rodent and insect control programme satisfactory to the competent authority shall be maintained in every establishment and, where pesticides are used , the application thereof shall be made under the supervision of a responsible operator using proper equipment in a manner that prevents contamination of fish . (12) Pesticides referred to in subregulation (11) shall be of a kind approved by the competent authority. (13) Unnecessary material or equipment shall not be stored in a working area of an establishment. (14) The area surrounding and under the control of an establishment shall be kept clean. (15) Brushes, brooms, hoses and other equipment and material necessary for proper cleaning shall be available at all times in an establishment and stored in a manner acceptable to the competent authority. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 228 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products R egulat ions Second Schedu le. TaLJIc I . Secon d Schedule. Table 2 Operating requirements in cannerIes . (16) E very own er or operator of an establishment shall keep a record of p"rh delive ry of fish to the pst"hlishmpnt an d th e record shall include: (a) the common name of the fish; (h) the quantity by weight of the fish; (c) the location from which the fish were harvested; (d) the date the fish were harvested; (e) the name and address of the person who harvested the fish ; (f) the date the fish were received by the establishment; (g) the manner III which and the date the fish were processed in the establishment; and (h) the name and address of the person to whom and the date the fish were shipped from the establishment. (17) The record required pursuant to subregulation (16) shall be kept (a) in the case of fresh fish , for a period of not less than two years; or (h) in the case of frozen fish, for a period of not less than three years. (18) In fish and fishing products (a) the acceptable levels of chemicals , trace metals and pesticides for fish and fish ery products must correspond to the levels as set out in Table I in the Second Schedule; (h) the list of tests and the maximum acceptable limits for the assessment of fish and fishery products shall be as set out in Table 2 in the Second Schedule. PART VI SPECIFIC OPERATING REQUIREMENTS FO R ESTABLISHMENTS 63. (I ) A record of the ster ilisation treatment used for each batch of fish shall be kept on file at a cannery for a peri od of not less than twenty-four months. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations www.legalaffairs.gov.tt Chap. 30:01 229 [Subsldlury] (2) Water used for cooling fish shall be chlorinated to give a chlorine residual of at least two parts per million, except where canned fish is cooled in a retort using a water supply approved by the competent authority. (3) Fish shall be wa shed prior to canning. (4) When lobster meat has been shucked, it shall be washed in cold running water before it is processed further, (5) Only clean ice made of water from a source approved by the competent authority may be used in a cannery. (6) Containers in which shellfish or crustaceans are boiled shall be drained and cleaned at intervals of two hours or at such shorter intervals as may be deemed necessary by an inspector. (7) Shellfish and crustaceans shall be removed from the cooking utensils immediately after they have been cooked. (8) When a batch of lobster, crab or shrimp has been cooked, it shall be cooled immediately in clean, cold water and, if further processing does not commence within one hour, it shall be: (a) rapidly chilled and stored at a temperature between O°C and 2°C and processed within eighteen hours; or (b) frozen immediately and held at a temperature of 26°C or lower until it is processed further, (9) Protective hand coverings worn by employees in any processing area shall be disinfected immediately after each break during the work shift. (10) Workers engaged in fish processing operations shall wear coveralls, smocks or coats, and headgear of a type approved by the competent authority . (11) Protective outer garments worn by employees in fish processing operations shall be clean. (12) Utensils that come in contact with fish before it is canned shall be cleaned and disinfected at least once during and at the end of each work shift by a method approved by the competent authority. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 230 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products R egulations Salted OJ' dried fish establishments. F l'f'"h nr f1'fl 7l"n fish or semi­ preserved processing establishments. (13) At the end of each working day the utensils referred to in snhregnlation (I?) shall he air-drier] and stored in 0 sanitary manner (14) Equipment, including conveyor belts and tables , that come in contact with fish before it is canned, shall be cleaned and disinfected at the end of each work shift by a method approved by the competent authority. (15) Floors in wet working areas shall be kept clean and shall be thoroughly washed and disinfected daily. (16) Canneries and all equipment and utensils used in the operations of a cannery shall be kept in good repair and in a clean and sanitary condition. 64. (I) Workers engaged in fish processing operations shall wear outer garments and headgear of a type approved by the competent authority. (?) Workers in wet workin g orpo , shall wenr waterproof aprons, coats or pants. (3) Floors in all workingareas shallbe kept clean at all times. (4) Adequate storage space for packaging material for salted or dried fish shall be provided. (5) Salt used [or curing fish shall be of rood-grade quality and stored in a location approved by the competent authority. (6) Processed fish shall be stored in a locat ion approved by the competent authority. (7) Salted or dried fish establishments and all equipment and utensil s used in the operations of such establishments shall be kept in good repair and in a clean and sanita ry condition. 65. (I) It is mandatory that: (a) before processing, all fish susceptible to parasitic infestation must be examined for same; (b) where paras ites are found, fish should not be permitted to further processing. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations www.legalaffairs.gov.tt Chap. 30:01 231 [Subsldlury] (2) All fish shall be adequately washed prior to further processing in running water before it is processed further. (3) Only clean ice made of water from a source approved by the competent authority be used in a fresh fish, frozen fish or semi-preserves establishment. (4) All processing establishments shall cause (a) the containers in which shellfish or crustaceans are boiled to be drained and cleaned at intervals of two hours or at such shorter intervals as may be deemed necessary by an inspector; (h) shellfish and crustaceans to be removed from the cooking utensils immediately after they have been cooked. (5) When a batch of lobster, crab or shrimp has been cooked, it shall be cooled immediately in clean, cold water and, if further processing does not commence within one hour, it shall be­ (a) rapidly chilled and stored at a temperature of O°C and 2°C and processed within eighteen hours; or (h) frozen immediately and held at a temperature of 26°C or lower until it is processed further. (6) Protective hand coverings worn by employees in the filleting and packaging areas shall be disinfected at each break during the work shift. (7) Workers engaged in fish processing operations, except filleters, skinners , scalers, handlers of round and dressed fish and workers in frozen storage rooms shall wear clean coveralls , smocks or coats , and headgear of a type approved by the competent authority. (8) Filleters, skinners, scalers and handlers of round and dressed fish shall wear clean outer garments, and handgear of a type approved by the competent authority. (9) Workers in frozen storage rooms shall wear clean outer garments. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRV OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 232 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products R egulat ions Fish storage. (10) Floors in wet working areas shall be kept clean and shall be thoroughly washed and disinfected daily. (II) Utensils that come in contact with fish that is being processed, other than packaged fish, shall be cleaned and disinfected at least once during and at the end of each work shift by a method approved by the competent authority. (12) At the end of each working day, the utensils referred to in subsection (II) shall be air-dried and stored in a sanitary manner. (13) Equipment, including filleting machines, conveyor belts and tables, that come in contact with fish that is being processed, other than packaged fish, shall be cleaned and disinfected at the end of each work shift by a method approved by the competent authority . (14) Fresh fish, frozen fish and semi-preserve establishments and all equipment and utensils used III the operations of such establishments shall be kept in good repair and in a clean and sanitary condition. e15) All curing ingredients shall be thoroughly mixed and evenly distributed throughout the fish at the time of preparation. (16) Fish in the process of being cured shall be processed under conditions which would prevent its deterioration. PART Vll REQUIREMENTS FOR VESSELS USED FOR FISHING OR TRANSPORTING FISH FOR PROCESSING 66. (I) Areas where fish and ice are stored shall (a) have covers to protect the fish and ice from the sun and weather; (h) be provided with drainage to effectively remove ice melt water and ensure that fish and ice do not come into contact with bilge water or other contamination; UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations www.legalaffairs.gov.tt Chap. 30:01 233 [Subsldlury] (C) where it is necessary to prevent physical damage to the fish, be divided into pens , which shall be shelved vertically at intervals of 90 cm or less ; (d) be insulated and any pipes/conduits passing through the hold sha ll be sunken flush ; (e) refrigerated sea water, refrigerated brine systems should be designated to ensure adequate cooling and permit ease of cleaning; (1) refrigerated sea water, refrigerated brine systems or brine and ice mixtures should have adequate circulation and be able to maintain the temperature of the fish at-lOC; and (g) be used exclusively for that purpose. (2) Subject to subregulation (3), fish and ice storage areas shall be of non-absorbent, non-corrodible materials, other than wood , and so constructed :1S to preclude physical damage to the fish and facilitate cleaning and any surfaces that come into contact with fish shall be smooth and free from cracks and crevices. (3) In the case of vessels having no below deck storage areas, built -in fish and ice storage areas shall be so constructed as to preclude physical damage to the fish and the surfaces should be smooth, free from cracks and crevices and coated with a durable, light coloured paint or coating of a type approved by the competent authority. (4) Boxes for fish other than live shellfish shall be of smooth, non-absorbent, non-corrodible material, other than wood, free from cracks and crevices, and so constructed as to provide drainage and protect the fish from damage by crushing when the boxes are stacked. (5) Fresh fish storage areas shall be separated from engine compartments and other heated areas of a vessel by watertight, insulated bulkheads and wall surfaces; bulkheads and deckheads in frozen storage areas of a vessel shall be well insulated . L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRV OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 234 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products Regulations (6) Fish handling equipment, such as chutes, conveyors, fish washers, tables and utensils, shall be of smooth, non­ absorbent, non-corrodible material, other than wood, free from cracks and crevices and so constructed as to facilitate cleaning. (7) Forks, pumps, tools or other equipment and practices that pierce, tear, or otherwise damage or contaminate the edible portion of fish shall not be used. (8) Fish, while on board a vessel used for fish ing or transporting fish , shall be (n) preserved hy the use of f inely divided i~p sufficient to reduce and hold the temperatu re at 4°C or lower, and such ice shall be made from potable water or clean sea water: (h) preserved by such other methods as the competent authority may approve: and (c) at the conclusion of each fishing trip all unused ice should be discarded before cleaning begins. (9) Where chilled water systems are installed on a vessel, such systems shall be of materials approved by the competent authority and be constructed to facilitate proper cleaning and be capable of holding fish at-lDC. (10) Freezing facilities on a vessel shall be capable of freezing the daily catch of fish at a rate equivalent to at least the freezing rate of a 25 mm thick block of fish when the temperature of the thermal centre is reduced from oDeto-20° C in two hours or less. (11) It is necessary that (a) fish on board a vessel shall be frozen at a freezing rate not less than the rate prescribed by subregulation (10): (h) in the case of a packaged fish product on board a vessel, the time required to reduce the thermal centre of the packaged product to-20°C shall not exceed thirty-six hours. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations www.legalaffairs.gov.tt Chap. 30:01 235 [Subsldlury] (12) In removing fish (a) except for brine frozen fish, the thermal centre of the fish on board a vessel shall be reduced to a temperature of-18°C or lower before the fish can be removed from the freezer to the cold storage area; and (h) in the case of brine frozen fish on board a vessel, the thermal centre of the fi sh shall be reduced to-12°C before the fish can be removed from the freezer to the cold storage area. (13) After freezing, fish on board a vessel shall be glazed or packaged to protect it against dehydration and oxidation. (14) Storage areas in which frozen fish is held on board a vessel shall be maintained at a temperature of-26°C or lower. (15) At least once daily, fish receiving areas and all equipment, containers and utensils used in the handling of fish on board a vessel shall be thoroughly cleaned with water from a potable water source and disinfected. (lG) Following the discharge of fish f10111 a vessel, all equipment and utensils used in the handling of fish and the storage areas, chilled water systems, fish containers, penboards and shelfboards shull be forthwith thoroughly cleaned with water from a potable water source and disinfected. (17) A storage record of the fish catch shall be kept on all fishing vessels and the identity of each day's catch shallbe maintained. (18) Handwashing and marine type toilet facilities shall be provided on vessels 13.7 m or more in overall length that have sleeping accommodation and shall be maintained in a clean and sanitary condition. PART vur REQUIREMENTS FOR STORING FROZEN FISH 67. (1) Rooms in which frozen fi sh is stored sh all maintained at a temperature of-30°C or colder. UPDATED TO DECEMBER 31ST 2009 be Fro zen fi uli storing. L.R.O. 112009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 236 Chap. 30:01 Food and Drugs [Subaidiary] Fislt and Fisliary Products R egulat ions (2) For the purpo se of measuring temperature (a) each storage room shall be equipped with an accurate thermometer or other temperature measuring device that is located in such a place that it indicate s the average air te mperature of the room; and (h) temperatures in a storage room shall be read, recorded and dated at least once each day and a record of such temperatures shall be maintained for a period of not less than twelve months. (3) Frozen fish shall be protected to minimise rises in the temperature of the fish when it is outside a refrigerated area. (4) No odoriferous substances shall be stored with fish in holding or storage rooms. PART IX REQUIREMENTS FOR VEHICLES AND EQUIPMENT USED FOR UNLOADING, HANDLING, HOLDING AND TRANSPORTING FRESH FISH FOR PROCESSING Requirements for vehicles and equipment. 68. (I) Forks , pumps, tools or other equipment and practices that pierce, tear or otherwise damage or contaminate the edible portion of fish shall no t be used. (2) Fish handling equipment, such as chutes , conveyors , fish washers , tables and utensils , shall be of smooth, non­ absorbent, non-corrodible material, other than wood, free from cracks and crevices and so constructed as to facilitate cleaning. (1) In transporting fi.h (a) the fish shall be transported in co vered containers approved by the competent authority or enclosed vehicle bodies ; and (h ) the contact surfaces of fish storage areas in vehicles and of containers used for transporting fish shall be smooth, free from cracks and crevices and made of non-corrodible material. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations www.legalaffairs.gov.tt Chap. 30:01 237 [Subsldlury] (4) In the vehicles transporting fish (a) the containers and vehicle bodies used to hold or transport fish shall be filled to a level no higher than 90 em of its depth; (b) the body of a vehicle used for transporting fish in bulk shall be divided at intervals of I m along its length. (:» The fIsh (a) held prior to being transported shall be iced or chilled after unloading from a vessel and be protected from the sun and weather and from contamination; and (b) shall be iced or chilled while being transported. (6) Water used for washing of vehicles and equipment used in the unloading or transporting fish, shall be clean and obtained from a potable water source and approved by a competent authority. (7) Offal and other refuse shall be disposed of III a manner acceptable to an inspector. (8) Areas where fish is landed or handled and all surfaces that come into contact with fish during unloading, handling, holding and transportation shall be maintained in a clean and sanitary condition. PART X MISCELLANEOUS 69. Any person who breaches any of the Regulations Offences. commits an offence and is liable on summary conviction to a fine of three hundred dollars and to imprisonment for three months. 70. Prosecution under regulation 69 may be instituted with Penalty. twelve months from the date of the subject matter of the prosecution arose. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 238 [Subaidiary] Regu lation 8. Chap. 30:01 Food and Drugs Fislt and Fisliary Products R egulations FIRST SCHEDULE MINISTRY or IJI2ALTII REPUBLIC OF TRINIDAD AND TOBAGO FORM A Chemistry/Fund lind Dru gs Divisiun APPLICATION FOR CERTIFICATION OF ESTAllLlSHMENT Food and Dru gs Act, Chap. 30:01 Fish and Fishery Products Regulations Nam e of Applicant . (S urnL1nU'/ir.lI, {( a person} Address of applicant. Address ofPremises to be Certified .. IM'e (Being owners/ .................................................................... ................................................................. ......... operators) hereby apply to the CHEMISTRYIFOOD AND DRUGS DIVISION for a certificate to use the above premises for the preparation and processing of Fish and Fishery Produ cts in accordance with the Fish and Fishe ry Products Regu lations. The receipt for the prescribed fee of dollars is submitted with this application . Signed . Applicant Dal e FOR USE BY CIIEMIST RYIFOOD AND DRUGS DIVISION, :MI NIST RY OF HEALTH A ceniflcare is hereby granted to . to prepare and process fish and fishery produ cts for a period of .. Dated this day of 20.. Chh:f Chemisulsirecsor (?f Food and Drugs (Stamp) UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egula tions FORM B www.legalaffairs.gov.tt Chap. 30:01 239 [Subsldlury] Regulation 8. CERTIFICATE OF ESTADLISIlMENT FOR FISH AND FISHERY PRODUCTS Food and Drugs Ac/, Chap. 30:01 Fish and Fishery Products Regula/ions These premises situate at . and owned/leased by . are licensed as from .. for a period of one year (f rom the date of issue hereof) for the preparation and processing of Fish and Fishery Products and as prescn ned by tile Food and Drugs Reguianons. Licence N o. Minister (~r Healih This certiticate must be prominently displayed. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 240 [Subaidiary] Regulations 10 and II. Chap. 30:01 Food and Drugs Fislt and Fisliary Products Regulations M INl STRY OF HEALTH RE PUBLIC OF TRINl DAD AND TOBAGO FORM C Chemlstry/Fuod and Drugs Division APPLICATION FOR LICENCE TO IMPORTIEXPORT FISH Food and Drugs Act, Chap. 30:01 Fish and Fishery Pr oducts Regulations. Name nf Arrlirant (Surnamefirst, ({a person) Address of Applicant. NATIJRE OF BUSINESS: (Tick where appropriate) D IMPORTER D \\1 10LESALER D EXPORTER D RESEARCH D PROCESSOR D OTHER. I/We ,.. hereby apply to the Chemistry/Pood and Drugs Division for a licence to import/export Fish and Fishery Products in accordance with the Fish and Fishery Products Regulations, of the Food and Drugs Act, Chap. 30:01. NAME O~ ES'jABLlSIIMENT " The receipt for the prescribed fee of .. ..................................... ................................. dollars is submitt ed with this application. Signed. Applican/ Date FOR l iSE IIV rnr; CII EMISTRYIFOOIl ANIl IlRI IC:S IlIVISION A licence is hereby granted to . tn imprl1't/ "'1tprl1't fich :nHI f i"h ",ry p1"fldIlM" fnr 11 p "'l'ind nf Licenc e No. Dated this day of 20.. Chief Chemist/Director r~( Food and Drugs UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry P ro d ucts R egula tions MINISTRY OF HEALTII REPUBLIC OF TRINIDAD AND TOBAGO FORM D Chemistry/Food and Drugs Division FORM OF LICENCE www.legalaffairs.gov.tt Chap. 30:01 24 1 [Subsldlury] Regulation 10. LICENCE TO EXPORT FISH AND FISHERY PRODUCTS Food and Drugs Act, Chap. 30:01 Fish and Fishery Products Regulations. A licence is hereby granted to . to export fish and fishery products for a period of . Dated this day of 20 . COND ITIONS SUBJECT TO WHI CH LICENCE IS GRANTED . OTHER INFORMATION . LICENCE NO . Minister af Health L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 242 [Subaidiary] Regulation II. Chap. 30:01 Food and Drugs Fislt and Fisliary Products Regulations MINlSTRY OF HEALTH REPUBLIC OF TRINIDAD AND TOBAGO FORM E Chemlstr y/Fuod and Drugs Division FORM OF LIC ENCE LICENCE TO IMPORT FISH AND FISHERY PRODUCTS Food and Drugs Act, Chap. 30:01 Fish and Fishery Produ cts Regulati ons. A licence is hereby granted to . to export fish and fishery products for a period of . Dated this day of 20 .. CONDITIONS SUBJECT TO WHICH LICENCE IS GRANTED . OTHER INFORMATION . LICENCE NO . Minister ofHea lth UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations SECOND SCHEDULE www.legalaffairs.gov.tt Chap. 30:01 243 [Subsldlury] TABLE 1 ACCEPTED LEVELS OF TRACE METALS, PESTICIDES AND CHEMICALS FOR FISH AND FISHERY PRODUCTS (Food and Drugs Regulati ons and Fish and Fish ery Products Regulations Food and Drugs A ct, Chap. 30:01) The follo wing lists the maximum permitted or guideline levels for the presence of Trace Metals, Pesticides and Chemicals in Fis h and Fishery Produ cts inTrinidad and Tobago: Regulation 62(18)(a). Metal I. Lead 2. Copper 3. Zinc 4. Methyl Mercury (a) Al1Fish except predatory fish (h) Predatory fish (such as shark, swordfish, tuna, pike and others) Pesticides 5. Insecticides Organo Chlorides Organo Phosphates Carbamares 6. Herbicides 7. PCB, PeT Chemicals 8. Sodium bisulphite-150 mg/kg sulphite for crustaceans 9. Tripolyphosphate in flesh of frozen fish-5 g/kg 10. The Total Volatile Basic Nitrogen-25-30 milligrams of Nitrogenll 00 grams of flesh of fish depending on species type II . Histamine-IOO pp m. Maximum Value (ppm) 2.0 20.0 50.0 0.5 1.0 0.1 0.5 0.5 TABLE 2 R egula tion 62(18)(b). The followin g is a list of microbiolo gical tests and their respective maximum acceptable limits used for assessment of fish and fishery products for use for human consumption: Aerobic Faecal Staph VProdu ct Plate Count Salmon ella Coliforrns aureus Cholerae* per g Fresh and frozen fis h 5x l05/g IO/g 1.0xl03/g 0 0 Fresh and frozen Ix lOO/g IO/g 1.0xl03/g DIg 0 crustaceans Smoked fish includin g I.OxJ()5/g 4/g I.OxI03/g u/gg 0 kippered herring 5.0x I05/g 1.0xlO3/ gFrozen c oo ked c rustuccnn: lO/g DIg 0 L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 244 [Subaidiary] Chap. 30:01 Food and Drugs Fislt and Fisliary Products Regulations THIRD SCHEDULE REQUIREMENTS RESI'ECTlNG QUALITY MANAGEMENT PROGRAMMES 1. The quality management programme of an establishment shall include the keeping of the following information and documentat ion: (a) the name and title of the person responsible for the quality management programme at that establishment: (h) for each applicable control point set out in clause 2 (i) a description of the standards and monitoring procedures that are used during inspections: (ii) the frequency of monitoring: (iii) samples of the forms that are used during inspections and of the forms that are used to record actions taken to correct dcncicncics: and (iv) a description of the plans developed for correcting deficiencies and maintaining compliance with the prescr ibed Regulations: (e) in respect of ingredients added to fish during processing­ (i) a list of all of the ingredients that are added to the fish: (ii) a description of the procedures for the preparation and use of those ingredients that, if not prepared or used correctly, could taint the fis h or render it unwholesome: and (iii) docum entation that clearly esta blishes that each ingredient meets all applicable requirements of Acts of Parliament and Regulations made thereunder, or the results of any tests done by or for the operator of the establishment that verify that the ingredient complies with those requirements : (d) in respect of the packaging materials that are used to package fish (i) a list of all of the packaging materials: and (ii) documentation that clearly establishes that the pa ckaging materials meet the requ irements of prescribed Regulations: (~) ill res pect uf' label s used UII pa ckaged Ilsh, a description of till: approval process in the establishment with respect to labels: UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Food and Drugs Fislt and Fi .vhcry Products R egulations www.legalaffairs.gov.tt Chap. 30:01 245 [Subsldlury] (j) in respect of all compounds used in the cleaning , sanitizing, lubricating and maintenance of equipment and plant facilities and in pest control: (i) a list of the compounds that are used in the establishment: and (II) documentation that clearly establishes that the compounds have been approved by an agency of the Government of Trinidad and Tobago for use in food processing establishments: (g) in respect of fish shipped from the establishment, a description of the system used to trace fish to their first destination: (17) in respect of retort operat ions, a description of the training of the persons who supervise those operations: and (i) in respect of general ope rations a written documentation of good manufacturing practices and sanitary standard operating procedures approved by the competent authority. 2. For the purposes of this Schedule, a control point is any one of the following st;lep.S in the flrncp.ssine nf fish at w h ic h the nflp.r:ltnr nf an establi shment determines compliance with the prescribed Regulations: (a) the inspection of fish arriving at the establishment for processing; (b) the inspection of ingredients prior to their addition to fish: (c) the inspection of fish packaging material prior to its use: (d) the inspection of labels prior to their application onto packaged fish: (e) the inspection of cleaning agents , sanitizers, lubricants and pesticides prior to use in the establishment: (f ) the inspection of the construction and maintenance of production facilities and processing equipment: (g) the inspection of the fish canning process: (11) the inspection of th e retort operations: (i) the inspection of the cold storage of fish: (j) the inspection of any other process or operation In the establishment: and (k ) the inspection of fish prior to shipment from the establishment. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009