NOTIFICATION

New Delhi, the 10th June 2003

 

  Notification no 668 dated 10th February, 2003

 

S.O.668(E) In exercise of the powers conferred by section 17 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963), the Central Government hereby makes the following rules, namely:-

  1.         Short Title and commencement – 

            (1) These rules may be called the Export of Bivalve Molluscs (Quality Control, Inspection and Monitoring) Rules, 2003.  
            (2)
They shall come into force on the date of their final publication in the Official Gazette;

  2.         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 any one of the Export Inspection Agency established at Bombay, Calcutta, Cochin, Delhi and Madras established under section 7 (1) of the Act;  

(c)         “Council”
means Export Inspection Council established under the Act;  

(d)         “bivalve molluscs”
means filter-feeding lamellibranch molluscs;  

(e)         “b
atch” means a quantity of live bivalve molluscs collected from a production area and subsequently intended for delivery to an approved dispatch centre, purification centre, relaying area or processing plant as appropriate; 

(f)         “c
lean sea water” means sea water or brackish water which is to be used under the conditions laid down in this rules and which  is free from microbiological contamination and toxic and objectionable substances; 

(g)         “c
onditioning” means the storage of live bivalve molluscs, whose quality does not indicate the need for relaying or treatment in a purification plant, in tanks or any other installation containing  clean sea water or in natural sites to remove sand mud or slime;  

(h)         “competent authority’
means the Export Inspection Council of India (EIC) and the Export Inspection Agencies (EIAs) established at Bombay, Calcutta, Cochin and Madras competent to carry out veterinary checks or any authority to which it has delegated that competence;  

(i)         “consignment”
means a quantity of live bivalve molluscs handled in a dispatch centre or treated in a purification centre and subsequently intended for one or more customers;  

 
(j)         “despatch center”
means any approved on-shore or off-shore installation for the reception, conditioning, washing, cleaning, grading and wrapping of live bivalve molluscs fit for human consumption;  

(k)         “e.coli”
means faecal coliforms which also form indole from tryptophan at  440C +/- 0. 20C within 24 hours.  

(l)         “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-inhabiting properties, at 440C +/- 0. 20C within 24 hours at least;  

(m)         “gatherer”
means any natural or legal person who collects live bivalve molluscs by any means from a harvesting area for the purpose of handling and placing on the market;  

(n)         “marine biotoxins”
means poisonous substances accumulated by bivalve molluscs feeding on plankton containing toxin;
 

(o)         “means of transport”
means those parts set aside for goods in automobile vehicles, rail vehicles and aircraft, the holds of vessels and containers for transport by land, sea or air;  

(p)         “placing on market’
means the holding or displaying for sale, offering for sale, selling, delivering or any other form of placing on the market of live bivalve molluscs for human consumption either raw or for the purpose of processing.  

(q)         “production area”
means any sea, estuarine or lagoon area containing natural deposits of bivalve molluscs  or sites used for cultivation of bivalve molluscs from which live bivalve molluscs are taken;  

(r)         “purification center”
means an approved establishment with tanks fed by naturally clean sea water or sea water that has been cleaned by appropriate treatment, in which live bivalve molluscs are placed for the time necessary to remove microbiological contamination, so making them fit for human consumption;  

(s)         “relaying area”
means any sea, estuarine brackish water or lagoon area approved by the competent authority and used exclusively for the natural purification of live bivalve molluscs;  

(t)         “relaying”
means an operation whereby live bivalve molluscs are transferred to approved sea or lagoon areas or approved estuarine, brackish water areas under the supervision of the competent authority for the time necessary to remove contamination, which does not include the specific operation of transferring bivalve molluscs to areas more suitable for further growth or fattening;  

(u)         “wrapping’
means an operation whereby live are placed in packing material adequate for the purpose;

 

3.       Basis of Compliance – It  shall  be the primary responsibility of  the  industry  to  ensure  that  the  fresh  and processed fishery product bivalve mollscus intended for  export  are  handled,  processed  at  all  stages  of production,  storage  and  transport under proper hygienic conditions so as to meet the health requirements laid down under this rules and that the product conforms to the specifications prescribed by the Central Government under section 6 of the Act and the same shall be further ensured by the recognized competent authority that the producers and manufacturers comply with the requirements, by regular monitoring of the establishments as per the control measures by the Council from time to time.  

4.       Approval- Live bivalve molluscs shall be exported subject to the approval by the competent authority or all or any of the following conditions, namely:-

                    (a) Originate from production areas which comply with the requirements laid down in chapter I.  
                    (b) Have been harvested and transported from the production area to a dispatch centre, 
                         purification centre, relaying area or processing  plant under the requirements laid down in 
                         Chapter II.  
                    (c)
Have been relaid in suitable areas as approved for the purpose of standards and complying 
                         with the conditions laid down in Chapter III.  

                    (d) Have  been  handled  hygienically,  and  where  appropriate, have been purified in 
                         establishments approved for that purpose and complying with the requirements of chapter 
                         IV.
                    (e)
Comply with the criteria set out in Chapter V.  
                    (f)  Have been subjected to health controls in accordance with Chapter VI.  
                    (g)
Have been appropriately wrapped in accordance with Chapter VII.  
      
             (h) Have been stored and transported under satisfactory conditions of hygiene in accordance 
                         with Chapters VIII and IX.

   
                  (i)  Bear a health mark as provided for in Chapter X

5.          Handing and processing - It shall be ensured that persons handling live bivalve molluscs during their
          production and placing on  the  market  shall adopt all  measures  necessary  to comply with the 
          requirements of this standard. The persons responsible for dispatch and purification centre shall in  
          particular  ensure that representative numbers of samples for laboratory examination are regularly 
          taken and analysed in order to establish an historical record on the
basis of the areas where batches
          come from and of the health quality of the live bivalve molluscs both before and after handling at a
          dispatch  centre  or  purification center. A register shall be kept for the permanent record of the 
          results of the various checks and kept for presentation to the competent authority.

  7.            Functions of the Industry – 

                (1) The industry shall ensure that persons responsible for the establishment take all necessary 
                     measures so that at all stages of
production of  bivalve molluscs the specifications are 
                     complied with and to that end the said persons shall carry out their own  checks
based on the
                     following principles namely :-
 

                         (a) Identification of critical points in their establishment on the basis of the manufacturing 
                              process used;  
                         (b) Establishment and implementation of methods for monitoring and checking such critical 
                              points.  
                         (c) Taking samples for analysis in an approved laboratory by the recognized competent 
                              authority for the purpose of checking the cleaning and disinfection methods and for 
                              the purpose of checking compliance with the standards established in this rules;.  
                         (d) Keeping a written record or record registered in indelible manner of the preceding 
                              points with a view to submitting them to the competent authority. The results of the 
                              different checks and tests shall in particular be kept for a period of at least two years.                          (e) The establishment shall have competent and qualified technologists duly approved by 
                              the competent authority to conduct own checks and tests;  
                         (f) The technologists shall posses one of the qualifications and experience or training, as 
                              the case may be:-  

                                         (1) Graduation/Post Graduation in Fishery Science, Fishery Management, 
                                              Industrial Fishery or Fish Processing, or.  graduation/Post Graduation 
                                              in Marine Biology, Fishery Biology, Microbiology, Chemistry, Biochemistry, 
                                              Bioscience
or Food Processing Technology; Degree in Pharmacy and 
                                              Agricultural Science (B.Sc. Agriculture /M.Sc. Agriculture)
and one year 
                                              experience in Fish Processing and Quality Control or Training for minimum 
                                              six months duration in a 
Government recognized institute in Fish
                                              Processing and Quality Control

                                         (2) If the results of own checks or any information at the disposal of the 
                                              technologists referred to above reveal the risk of health or suggest 
                                              that one might exist, appropriate measures shall be taken under the 
                                              official supervision of the recognised competent authority.

    8.            Certification – (1)   On request from the processors or exporter the competent authority shall 
                                           issue Health or Veterinary Certificate in the prescribed proforma after 
                                           satisfying that the bivalve molluscs are processed in approved establishment
                                           or factory vessels having valid approval number and after satisfying that the
                                           consignments comply with the requirements of these rules.

                                 (2) The competent authority may also issue such other certificates on request 
                                      after satisfying that the requirements of  the relevant standards are met.

9.            Inspection Fee –  (1) A fee of Rs. 2000/- shall be paid by the processor along with the 
                                           application for approval of the establishment or factory vessel as per 
                                           these rules. 

                                     
(2) A monitoring fee @ 0.2 percent of FOB value shall be paid by the 
                                           processor or the exporters to the concerned Export inspection Agency.

10.       Appeal – (1) Any person aggrieved by  a –

                                                  i) Decision of the competent authority not to accord approval under 
                                            sub-rule (11) of rule 6; or
                                         ii) Decision of the competent authority to withdraw the approval 
                                            under sub-rule (13) of rule 6; or
                                         iii) Refusal of the competent authority to issue Health or Veterinary 
                                            Certificate under sub-rule (1) of rule 8; may prefer an appeal 
                                            within ten days of receipt of such communication to an Appellate 
                                            Authority appointed by the Central Government.

                              (2) At least two-thirds of the total membership of the Appellate Authority shall consist 
                                   of non-officials.
                              (3) The quorum of Panel shall be three.
                              (4) The appeal shall be disposed of within fifteen days of receipt.

          

Chapter – I

   

requirements for Production Areas

  1.      The location and the boundaries of production areas shall be fixed by the competent authority in such a 
       way as to identify the  areas from awhich live bivalve molluscs:-