NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT(Act 5 of 2008)AMENDMENT OF THE COMPULSORY SPECIFICATION FOR FROZENFISH, FROZEN MARINE MOLLUSCS AND FROZEN PRODUCTS DERIVEDTHEREFROM - VC 8017I, Dr. Rob Davies, Minister of Trade and Industry, under Section 13 (1) (a) of theNational Regulator for Compulsory Specifications Act (Act 5 of 2008) herebydeclare the amendment of the Compulsory Specification as set out in theattached schedule, with effect six (6) months from the date of publication of thisnotice.
Dr Rob Davies,PMinister of Trade and Industry
This gazette is also available free online at www.gpwonline.co.za70 No. 38707 GOVERNMENT GAZETTE, 24 APRIL 2015
No. 339 24 April 2015
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 SCHEDULEVC 8017COMPULSORY SPECIFICATION FOR FROZEN FISH, FROZEN MARINEMOLLUSCS AND FROZEN PRODUCTS DERIVED THEREFROM
1SCOPE
1.1This Compulsory Specification applies to the handling, preparation, processing,packing, transportation, freezing, storage and quality of frozen fish, marine molluscs,and products derived therefrom, for human consumption, which are to be offered forsale.
2DEFINITIONS2.1For the purposes of this Compulsory Specification the definitions in the latestedition of SANS 585: 'The production of frozen fish, marine molluscs, and productsderived therefrom', shall apply.2,2In addition, the following definitions shall apply:2.2.1applicant: a handler, processor, packer, transporter, importer or exporterapplying for approval of the product and/or factory or establishment. The handler,processor, packer, transporter, importer or exporter shall be established within theRepublic of South Africa.2.2.2approval: confirmation by the NRCS that the product and/or factory satisfiesthe requirements of this Compulsory Specification.
2.2.3conformityofproduction:satisfactoryevidencethatthehandling,preparation, processing, packing, transportation, freezing, storage and quality of frozenfish, marine molluscs, and products derived therefrom produced for sale continues toconform to the requirements of this Compulsory Specification.2.2.4DAFF: the Department of Agriculture, Forestry and Fisheries.
2.2.5factory/establishment: South African based premises or fishing vessels on orin which fish or fish products are handled and treated to prepare them for commercialpurposes.Fish shops (over the counter sale shops), hotels, boarding houses,restaurants or other eating houses, as well as entities where the core business are thetransportation of goods, are excluded from the scope of this Compulsory Specification.This gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 24 APRIL 2015 No. 38707 71
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 2.2.6HACCP (Hazard Analysis and Critical Control Point): a system whichidentifies, evaluates, and controls hazards that are significant to food safety.2.2.7NRCS: the National Regulator for Compulsory Specifications as established bythe National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008).2.2.8product safety management system: a food safety management systemimplemented by a factory based on the principles of HACCP as recommended by theCodex Alimentarius Commission.
3GENERAL ADMINISTRATIVE REQUIREMENTS
3.1All frozen fish, marine molluscs, and products derived therefrom to be offeredfor sale shall comply with the requirements of this Compulsory Specification.3.2The factory / establishment for the production for frozen fish, marine molluscs,and products derived therefrom shall be pre-approved by the NRCS for conformity ofproduction requirements as prescribed in Annex A.1. Such approval shall be reviewedannually or more frequently.3.3The factory / establishment shall not dispatch frozen fish, marine molluscs, andproducts derived therefrom without a valid NRCS approvals document for the factory /establishment: Provided that in the case of locally produced products originating fromthe NRCS approved facilities, a consignment may be released into the trade withoutthe NRCS pre-inspection.3.4Application for official approval of the product(s) shall be made to the NRCS forevery consignment of frozen fish, marine molluscs, and products derived therefromwhich are imported into South Africa in accordance with the requirements of AnnexA.2.1.3.5Application for approval required for export or any other purposes as requiredby the applicant, shall be made in accordance with the requirements of Annex A2.2.3.6The factory / establishment shall provide the NRCS with satisfactory evidenceof conformity of production on request.3.7The factory / establishment shall inform the NRCS in writing of any change inprocess of production affecting any mandatory requirement of this CompulsorySpecification. In the event of such change/s the NRCS may, at its discretion, demandthe submission of fresh evidence of conformity or a new application for approval.
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 3.8The factory / establishment shall immediately report to the NRCS in writing anyfailure,of whatever nature, to conform to the requirements of this CompulsorySpecification.3.9A factory / establishment that is suspended must re-apply to the NRCS withinthree months of the date of suspension for a reassessment; otherwise approval for theestablishment to operate in terms of this Compulsory Specification will be withdrawn.3.10A factory / establishment shall notify the NRCS when closing down within aperiod of three months.
3.11A factory / establishment shall immediately notify the NRCS when it is no longermaintaining a product safety management system.3.12The testing of frozen fish, marine molluscs, and products derived therefromagainst the requirements of this Compulsory Specification shall be done by testfacilities that are accredited to use the referenced test methods. In the case wherethere are no test facilities available that are in compliance with the foregoing, the NRCSshall determine which facilities can be used in terms of its conformity assessmentpolicy.3.13The NRCS shall issue health guarantees for export purposes, where required,in accordance with the requirements of the country of destination as prescribed inAnnex B.
4SPECIFIC REQUIREMENTS4.1The handling,preparation,processing,packing,transportation,freezing,storage and quality of frozen fish, marine molluscs, and products derived therefrom, aswell as the requirements for the ingredients, glazing, freezing and frozen storage, shallcomply with the requirements of the latest edition of SANS 585.4.2The principles of HACCP, as recommended by the Codex AlimentariusCommission, shall as a minimum be used for the implementation of a product safetymanagement system.4.3All local raw molluscan shellfish for processing shall be obtained from a sourcethat has a valid permit from DAFF to either harvest, grow, process or supply molluscanshellfish.4.4In the event of an amendment or updating of the SANS 585 standard, thefactory/establishment shall be incompliance with the amended or updatedrequirements within six months of publication of the amended or updated standard. IfThis gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 24 APRIL 2015 No. 38707 73
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 evidence of compliance to such amendments or updates cannot be provided, theapproval of the factory / establishment may be withdrawn.
5MARKINGSFrozen fish, marine molluscs, and products derived therefrom shall be marked inaccordance with the requirements of the latest edition of SANS 585, and shall includethe official factory / establishment number issued by the NRCS in accordance withsection A 1.5 of this Compulsory Specification.ANNEX A(Normative)A.1APPLICATION FOR APPROVAL OF THE FACTORY / ESTABLISHMENTThe applicant shall apply to the NRCS for approval of the factory / establishment.Approval of a factory / establishment shall be valid for a maximum period of one year.The applicant shall reapply for approval every following year. The application shall beaccompanied by the following:A.1.1Details of the factory / establishment for which approval is sought;A.1.2 Documentation and recordsinsupportof aneffectiveproduct safetymanagement system. For new factories / establishments, provisional approval may be
given for a period of three months in order to generate the required documentation andrecords;A.1.3Information required by the NRCS for the measures taken by the applicant toensure ongoing conformity with the requirements of this Compulsory Specification;A.1.4 Any reasonable additional information to clarify the application as requested bythe NRCS; andA1.5The NRCS shall issue an official factory / establishment number on approval ofthe factory / establishment.
A.2APPLICATION FOR APPROVAL OF THE PRODUCTThe applicant shall apply to the nearest NRCS regional office for approval of theproduct(s). The application shall be made at least 10 working days prior to the date onwhich it is needed. The application shall be accompanied by the following:This gazette is also available free online at www.gpwonline.co.za74 No. 38707 GOVERNMENT GAZETTE, 24 APRIL 2015
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 A.2.1For imported products, applicants shall supply details of the frozen fish, marinemolluscs, and products derived therefrom per consignment for which approval issought by providing the following information:a)Details of the importer, product, bill of entry, quantity, number of product andbatch code(s), code list or bill of lading;
b)The date and place where it will be available for inspection;c)Name and contact details of a contact person;
d)The number(s) of the bill(s) of entry and the date authorized by custom officials;ande)The voyage number of the cargo carrier (vessel, aircraft or registration numberof vehicle).A.2.2For locally produced products, where applicants require official approval forexport or any other purposes, applicants shall supply details of the frozen fish, marinemolluscs, and products derived therefrom per consignment for which approval issought by providing information with regards to the type of approval required (e.g.certificate of compliance, health guarantee to a particular country or other specific
certification for official purposes). This application shall as a minimum be made 10working days prior to the date on which it is needed.A.2.3 Where relevant, the applicable rights and permits as required by DAFF;A.2.4Details of the markings used on the packed product(s);A.2.5 Where required by the NRCS, guarantees that the product(s) complies with the
prescribed testing requirements. The NRCS may also request that specific testing beperformed; andA.2.6 Any reasonable additional information to clarify the application as requested bythe NRCS.
A.3GRANTING OF APPROVALA.3.1The NRCS shall issue an approvals document, as is applicable for the factory /establishment, imported products or products destined for export, to the applicant whenall the requirements of this Compulsory Specification have been met.A.3.2 The NRCS shall assign a unique number to each approvals document.A.3.3 An approvals document shall be the sole proof of approval by the NRCS.This gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 24 APRIL 2015 No. 38707 75
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 A.4WITHDRAWAL OF APPROVALA.4.1Any approval granted in respect of frozen fish, marine molluscs, and productsderived therefrom or the factory /establishment pursuant tothis CompulsorySpecification may be withdrawn at any time without prior notice, if compliance with therequirements of this Compulsory Specification has not been maintained.
ANNEX B(Normative)
B.1HEALTH GUARANTEES FOR EXPORTB.1.1The NRCS may provide health guarantees to authorities in countries to whichproducts are exported at the request of exporters, if products have been handled,prepared,processed,packed, transported,frozen,stored, and quality are inaccordance withthe requirements of this Compulsory Specification and/or therequirements of the country of destination. In terms of requirements, all sections of thehandling and processing chain are to be in compliance and, where appropriate, randomsamples may be taken for verification purposes. No health guarantees will be issuedfor foreign products.B.1.2Health guarantees shall only be issued to approved factories / establishmentsappearing on the officiallists drawn up by the specific countries or trade blocksrequiring such guarantees.B.1.3 As required, finally prepared and packed frozen fish, marine molluscs, andproduct derived therefrom shall be monitored on the basis of random testing andsurveillance programmes.B.1.4For the issuing of health guarantees, it is required that for every consignment:a) The product originates from factories / establishments approved by the NRCS interms of the requirements of this Compulsory Specification;b) All products and product codes are reflected in the request for export; andc) The product covered by such a guarantee is fully traceable to its origin.
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998