NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT(Act No. 5 of 2008), AS AMENDED THROUGH LEGAL METROLOGY ACT(Act No. 9 of 2014)
THE ADMINISTRATIVE REGULATORY REQUIREMENTS FOR IMPORTEDFISH AND FISHERY PRODUCTS AND CANNED MEAT PRODUCTSREGULATED UNDER THE NATIONAL REGULATOR FOR COMPULSORYSPECIFICATIONS ACT, 2008 (ACT NO. 5 OF 2008), AS AMENDED.
Itis hereby made known under section 36 (1) of the National Regulator forCompulsory Specifications Act, (Act 5 of 2008) as amended, that I, Dr RobDavies, Minister of Trade and Industry, on the recommendation of the NRCS,intends to make regulations regarding incidental administrative requirementsoutlined in the proposed import conditions for fish and fishery products andcanned meat products regulated under the National Regulator for CompulsorySpecifications Act, 2008 (ACT No 5 of 2008) as set out in the attached Schedule.
Any person, who wishes to comment on the intention to introduce the proposedregulation concerned, shall submit their comments, in writing, to the ChiefExecutive Officer, National Regulator for Compulsory Specifications, Private BagX 25, Brooklyn, 0075, on or before the date two (2) months after the publicationof this notice.
Dr Rob Davies MPMinister of Tr de and Industry
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DEPARTMENT OF TRADE AND INDUSTRY
NO. 1120   20 OCTOBER 2017
1120 National Regulator for Compulsory Specifications Act (5/2008), as amended through Legal Metrology Act (9/2014): The Administrative Regulatory Requirements for Imported Fish and Fishery Products and Canned Meat Products Regulated under the Act  41186
SCHEDULERegulation No....THE ADMINISTRATIVE REGULATORY REQUIREMENTS FOR IMPORTED FISHAND FISHERY PRODUCTS AND CANNED MEAT PRODUCTS REGULATEDUNDER THE NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONSACT, 2008 (ACT NO. 5 OF 2008), AS AMENDED.
1. ScopeThis regulation outlines the administrative regulatory requirements of fish and fisheryproducts and canned meat products regulated under the National Regulator forCompulsory Specifications Act, 2008 (Act No 5 of 2008) as amended through the LegalMetrology Act (Act No 9 of 2014), which are imported into the Republic of South Africa(RSA).
2.Definitions2.1.In these regulations, any word or expression mentioned to which a meaninghas been assigned in the National Regulator for Compulsory SpecificationsAct (Act No. 5 of 2008), as amended through Legal Metrology Act (Act No. 9of 2014), shall have that meaning unless the context otherwise indicates. Inaddition, the following definitions shall apply:2.1.1.Applicant: a handler, processor, packer, transporter, importer establishedwithin the Republic of South Africa applying for approval of a factory/establishment/ facility and /or product which is to be imported into SouthAfrica.2.1.2.Captain's declaration: declaration by owner of the vessel or the master ofthe vessel to prove that the fishing vessel has been granted a fishing licenseor a license for activities related to fisheries issued by a flag State or acoastal State and at test that good hygiene and manufacturing practiceshave been followed during the handling & transportation of fish on boardthe vessel.2.1.3.Competent Authority: the regulatory body responsible for conductingofficial inspections and issuing of health certificates for products, appointedby government in the exporting country and recognised by the NRCS ashaving sufficient controls to ensure compliance with RSA regulations.2.1.4DAFF: the Department of Agriculture, Forestry and Fisheries.2.1.5.Factory /Establishment/ Facility: A premises or fishing vessel based inthe exporting country, on or in which fish and fishery products and cannedmeat products are handled, prepared, stored, treated and packed forcommercial purposes.
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2.1.6.Foreign vessels: means any fishing vessel other than a local fishing vesselregistered with the NRCS.2.1.7.High risk species: any fish /meat species prone to substances that canpose a threat to human health such as histamine, heavy metals, biotoxinsand any other substances in amount which may present a hazard to healthin accordance with the national legislation.2.1.8.Import: means to bring goods or cause them to be brought, from outsidethe Republic into the Republic for the purpose of trade within the borders ofSouth Africa.2.1.9.Importer: means an importer as defined in section 1(1) of the Customs andExcise Act, 1964 (Act No. 91 of 1964).2.1.10. Inspection: the examination of food or systems for control of food, rawmaterials, processing and distribution including in- process and finishedproduct testingin order to verify that they conform to requirementsprescribed by the NRCS as stipulated inthe relevant CompulsorySpecifications.2.1.11ITAC: International Trade Administration Commission of South Africa2.1.12. NRCS: theNationalRegulatorforCompulsorySpecificationsasestablished by the National Regulator for Compulsory Specifications Act,2008 (Act No. 5 of 2008) as amended through the Legal Metrology Act (ActNo. 9 of 2014).2.1.13. Official certification:is the procedure by which officially recognizedbodies or competent authorities provide written or equivalent assurancethat food or food control systems conform to the requirements prescribedby the NRCS as stipulated in the relevant Compulsory Specification and therequirements of this regulation.2.1.14. OIE: World Organization for Animal Health.2.1.15. Relevant national legislation: regulations under the following Acts;Foodstuffs, Cosmetics and Disinfectant Act, 1972 (Act No 54 of 1972);NRCS Act 2008 (Act No.5 of 2008); Legal Metrology Act 2014 (Act No. 9 of2014); Marine Living Resources Act 1998 (Act No 18 of 1998).
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3. General requirements
3.1All imported fish and fishery products and canned meat products regulated underthe NRCS Compulsory Specifications to be offered for sale in the Republic ofSouth Africa shall comply with the requirements of this Regulation. Thisrequirement does not apply to trade samples brought in for purposes of technicalevaluation, provided the sample size is less than 100kg per commodity and /orthe food is not offered for sale in the Republic of South Africa.3.2There shall be a Competent Authority/ies (CA) in the exporting country that cancarry out credible inspection and official certification activities throughout theproduction chain in approved processing facilities.3.3For fish imported from foreign vessels where the Competent Authority is not in aposition to issue a health guarantee, a Captains Declaration as per Annexure Cmay be acceptable, on condition that the vessel is listed with the CompetentAuthority in the exporting country. The Competent Authority in the exportingcountry shall issue a Captain's declaration template, with serial numbers andstamped by that authority, to all vessel operators registered with the authorityand exporting fish into the Republic of South Africa.3.4The Competent Authority inthe exporting country shallissue a healthcertificate /guarantee for each consignment exported to the Republic of SouthAfrica as per Annexure B.3.5The Competent Authority in the exporting country shall control and verifycompliance of establishments intending to export to the Republic of South Africaas per the requirements of the respective Compulsory Specifications and thisRegulation.3.6The Competent Authority shall notify the NRCS of the approved establishmentslist and any amendments to such list.3.7The NRCS may conduct periodic audits on the Competent Authority /ies of theexporting countries in line with a risk based schedule by notifying the relevantCompetent Authority /ies and planning the inspection plan to assess food safetycontrol system and food safety conditions of establishments exporting foodstuffsto South Africa.
4. Handling of specific consignments4.1 Application for official approval of the product(s) shall be made to the NRCS forevery consignment of fish and fishery products and canned meat productsregulated under the NRCS which are imported into the Republic South Africa,in accordance with the requirements of Annex A and Annex B.4.2 In the case of the Captain's declaration as per Annex C, the importer shallaccept accountability of the testing of high risk species.
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5.Handling of non -compliances5.1 Where there is an indication of non -compliance from products coming fromcertain factories /establishments /facilities of certain countries, the NRCS mayinstitute the following measures:5.1.1Imported non -complying products shall be handled in accordance with theNRCS Act, 2008 (Act No 5 of 2008), as amended, read together withrespective Compulsory Specifications.5.1.2Notify the Competent Authority in the exporting country and request theCompetent Authority to investigate the reason for the non -compliance andprovide the necessary corrective corrective and preventative measures.
ANNEX AA.1 APPLICATION FOR APPROVAL OF THE PRODUCT
A.1.1 The applicantshallapply tothe nearest NRCS regional officeforapproval /release of the product(s). The applicant shall notify the NRCS at least 10working days after Customs declaration /prior to the date on which approval isrequired. Applicants shall supply details of the fish and fishery products and cannedmeat products per consignment for which approval is sought, by providing thefollowing information:
a) The applicable permits as required by DAFF (including OIE Directives) andITAC permits;b) Applicants shall supply a health guarantee /certificate (Annexure B) containingevidence that imported fish and fishery products and canned meat productsoriginate from a facility approved for export in the country of origin perconsignment for which approval is sought, as well as and evidence that theproduct complies with the relevant Compulsory Specification;c) Details of the importer, product, bill of entry number (SARS release), quantity,number of product and batch code(s), code list, establishment number /factorycode where product is manufactured /processed;d) The date and place where it will be available for sampling /inspection;e) Name and contact details of a contact person;f)The number(s) of the bill(s) of entry and the date authorized by Customsofficials; andg) The voyage number of the cargo carrier (vessel, aircraft or registration numberof road vehicle).
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B.1 HEALTH GUARANTEES FOR IMPORTED FISH AND FISHERY PRODUCTSAND CANNED MEAT PRODUCTS REGULATED UNDER THE NRCS
(ON AUTHORITY'S OFFICIAL LETTERHEAD) Reference no.Country of dispatch:Competent Authority:
Temperature: - Chilled FrozenAmbient
II.Origin of Products
Inspection Authority:
I.Identification of productsTrue description of product:Scientific name:Presentation of product and type of treatment:BatchIdentificationMarks/Code /sTypeandMannerofPackaging:
Approval number:Place of loading/ dispatch.
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III.Destination of products:County of destination:
Port of entry ... _ .. .Transport details. Sea Freight / Air freight /OtherContainer number / Flight details:Seal number/ Waybill number:Consignor name and address. ..
Consignee name and address:.
IV.Health attestationThe official inspector hereby certifies that:
1.The fish and fishery products and canned meat products specified above, have been farmed (whereapplicable), processed, packed and stored in a facility/ies approved by the Competent Authority.2.The fish and fishery products and canned meat products comply/ies with the particular CODEXStandard for the specific product/s or where there is no such Standard, with the CompulsorySpecifications/Technical Regulations legislated by the Republic of South Africa in terms of TheNational Regulator for Compulsory Specifications Act (Act No.5 of 2008) and contained andreferenced in the Compulsory Specification.3.The processing plant and where applicable, aquaculture farms specified above, is /are subject toregular inspection /audit by the Competent Authority in that country to ensure that production,processing practices and food safety systems are in compliance with requirements of the mostupdated versions of the general CODEX Principles for Food Hygiene and HACCP (CAC /RCP-1969) as well as with CODEX Code of Practice for Fishery Products (CAC /RCP 52 -2003) and anyanimal health requirements to be controlled in terms of OIE Directives.4.All products imported into the Republic of South Africa in terms of this Regulation shall comply withmarking requirements as prescribed by the relevant national legislations.5.The products above:5.1. are free from microorganisms or substances originating from microorganisms in amounts asprescribed by relevant national legislation;5.2. shall not contain any other substances in amounts that may present a hazard to human healthin accordance with relevant national legislation.Signed at: Name and qualifications ofofficialInspector:Signature of official Inspector:
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....
1.Declare that the products mentioned on this declaration were caught by my vessel, are freefrom non -characteristic odours.2.A Quality Management System based on Good Manufacturing Practices is implemented onboard.
Approval NumberName of the Base PortBase Port Registration NumberName of the FlagProduct description
Name of the ApplicantName of the Fishing Vessel
NameType
Size
I, the undersignedCaptain /Master of the vessel (Name of Vessel)
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