NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT, 2008(Act 5 of 2008), AS AMENDED THROUGH LEGAL METROLOGY ACT
(Act 9 of 2014)
CALL FOR PUBLIC COMMENTS - AMENDMENT OF THE COMPULSORYSPECIFICATION FOR FROZEN LOBSTERS AND FROZEN LOBSTER PRODUCTSDERIVED THEREFROM - VC 8020
I, Ebrahim Patel, Minister of Trade, Industry and Competition, hereby advise that theNational Regulator for Compulsory Specifications has requested, in terms of section13(4) of the National Regulator for Compulsory Specification Act (Act 5 of 2008), that Ideclare the amendment of the Compulsory Specification for frozen lobsters and frozenlobster products derived therefrom VC 8020, as set out in the attached Schedule.
I wish to obtain the views in particular of affected persons on whether the proposedamendments are necessary, the costs likely to be incurred in adherence thereto and thelikely benefits they will derive.
Any person, who wishes to comment on the introduction of the new CompulsorySpecification concerned, shall submit their comments, in writing, to the Chief ExecutiveOfficer, National Regulator for Compulsory Specifications, Private Bag X 25, Brooklyn,0075, or email Ms Maphuti Kutu, , on orbefore the date two(2) months after the publication of this notice.
(a0,144Ebra im PatelMinister of Trade, Industry and Competition
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DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION
NO. 289 31 March 2021Government  notices  • G oewermentskennisGewinGs
AMENDMENT OF THE COMPULSORY SPECIFICATION FOR FROZENLOBSTERS AND FROZEN LOBSTER PRODUCTS DERIVED THEREFROM- VC 8020
1.SCOPEThis Compulsory Specification applies to frozen lobsters and frozen lobster productsderived therefrom for direct consumption or further processing (frozen lobsters).
Products handled by Fish Shops (over the counter sale shops), Hotels, BoardingHouses, Restaurants or Other Eating Houses mainly for catering purposes, areexcluded from the scope of this Compulsory Specification.
A shop, packer or retailer involved in the handling or repacking of products for sale isregarded as a factory/ establishment/ facility (see 2.2.6of this CompulsorySpecification) and is required to comply with this Compulsory Specification.
2.DEFINITIONS2.1.For the purposes of this Compulsory Specification the definitions in the latestedition of the SANS (South African National Standard) frozen lobsters andfrozen lobster products derived therefrom: 2074 are applicable.
2.2.In this Compulsory Specification, any word or expression mentioned to whicha meaning has been assigned in the National Regulator for CompulsorySpecifications Act (Act No. 5 of 2008), as amended through Legal MetrologyAct (Act No. 9 of 2014), shall have that meaning unless the context otherwiseindicates. In addition, the following definitions shall apply:2.2.1. Applicant: a handler, processor, packer, transporter, importer orexporter applying for approval of the product and /or factory! processingfacility /establishment. The handler, processor,packer, transporter,importer or exporter shall be established within the Republic of SouthAfrica;
2.2.2.Approval: a confirmation by the NRCS that the product and/or factory/establishment/ facility satisfies the requirements of this CompulsorySpecification;
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2.2.3.Conformity of production: evidence that the handling, preparation,processing, packing, transportation, chilling, freezing, storage andquality of frozen lobsters and frozen lobster products derived therefromas in the scope, and products derived therefrom produced for salecontinuestoconform totherequirementsof thisCompulsorySpecification;
2.2.4.DALRRD permit: a permit required by Department of Agriculture, LandReform and Rural Development under Marine Living Resources Act1998 (Act No 18 of 1998), Animal Disease Act, 1984 (Act 35 of 1984)or National Environmental Management Biodiversity Act, 2004 (Act No10 of 2004);
2.2.5.Factory /establishment/ facility: a South African based premises orfishing vessels on or in which frozen lobsters and frozen lobsterproducts derived therefrom are handled and treated to prepare themfor commercial purposes;
2.2.6.HACCP (Hazard Analysis Critical Control Point): a system whichidentifies, evaluates, and controls hazards that are significant to foodsafety;
2.2.7.ITAC permit:apermit requiredunder theInternational TradeAdministration Commission of South Africa for ITAC Act, 2002 (Act 71of 2002);
2.2.8.NRCS: the National Regulator for Compulsory Specifications asestablished by the National Regulator for Compulsory SpecificationsAct, 2008 (Act No. 5 of 2008) as amended through the Legal MetrologyAct (Act No. 9 of 2014);
2.2.9.Official facility number /code: a unique identification number or codeallocated to a factory/ establishment/ facility by the NRCS;
2.2.10. OIE: World Organization for Animal Health;2.2.11. Product safety management system: a management systemimplemented by a factory / establishment/ facility based on theprinciples of HACCP as recommended by the Codex AlimentariusCommission;
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2.2.12. Relevant national legislation: means the following Acts; Foodstuffs,Cosmetics and Disinfectants Act, 1972 (Act No 54 of 1972); NRCS Act2008 (Act No.5 of 2008); Legal Metrology Act 2014 (Act No. 9 of 2014);Marine Living Resources Act 1998 (Act No 18 of 1998) and applicableregulations; and
2.2.13 SAMSM &CP: the latest edition of the South African Molluscan ShellfishMonitoring and Control Programme administered by DALRRD.
3.GENERAL ADMINISTRATIVE REQUIREMENTS
3.1All frozen lobsters and frozen lobster products derived therefrom to beoffered for sale shall comply with the requirements of this CompulsorySpecification.
3.2The factory/ establishment/ facility for the production of the product in theRepublic of South Africa shall be pre- approved by the NRCS for conformityof production requirements as prescribed in Annex A - A.1. Such approvalshall be reviewed annually or more frequently as may be determined by theNRCS.
3.3The factory/ establishment/ facility as referenced in paragraph 3.2 aboveshall not dispatch any product covered in the scope of this specification,without a valid NRCS approvals certificate. Provided that in the case oflocally produced products which are going to be sold in the local market,originating from the NRCS approved facilities, a consignment may bereleased into the trade without the NRCS pre- inspection.
3.4Application for approval of the product(s) shall be made to the NRCS forevery consignment of the product covered by this specification which areimported into South Africa in accordance with the requirements of Annex AA.2.
3.5Application for approval required for export or any other purposes as requiredby the applicant, shall be made in accordance with the requirements ofAnnex A - A.3.
3.6The factory/ establishment/ facility shall provide the NRCS with evidence ofconformity of production on request.
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3.7The factory/ establishment/ facility shall inform the NRCS in writing of anychange in the process of production affecting any mandatory requirement ofthis Compulsory Specification. In the event of such change /s the NRCS may,at its discretion, demand the submission of further evidence of conformity ora new application for approval.3.8The factory/ establishment/ facility shall immediately report to the NRCS inwriting any failure, of whatever nature, to conform to the requirements of thisCompulsory Specification.
3.9A factory/ establishment/ facility which is suspended must re -apply to theNRCS in writing within three months of the date of suspension for areassessment; otherwise approval for the establishment to operate in termsof this Compulsory Specification will be withdrawn.
3.10 A factory/ establishment/ facility shall notify the NRCS, in writing, when itsoperation is closing down three (3) months before the effective date.
3.11 The testing of frozen lobsters and frozen lobster products derived therefromagainst the requirements of this Compulsory Specification shall be done bymicrobiological and chemical test facilities that are accredited to use thereferenced test methods or any other accredited method validated against thereference method, and giving results that are better, or at least equal, to theaccuracy of the reference method. In the case where there are no test facilitiesavailable in the Republic of South Africa that are in compliance with theforegoing, the NRCS shall determine which facilities may be used in terms ofits Conformity Assessment Policy.3.12 The NRCS shall issue health guarantee certificates for export purposes,where required,in accordance with the requirements of the country ofdestination as prescribed in Annex B.
3.13 The NRCS may for the purposes of inspection and verification of products,sample products according to the regulatory risk based sampling plans.
3.14 There will be fees applicable as prescribed in the regulation R924 of 15October 2010, published under the NRCS Act.
4.SPECIFIC REQUIREMENTS
4.1The handling, preparation, processing, packing, transportation, freezing,storage and quality of frozen lobsters and frozen lobster products derivedtherefrom, as well as the requirements for the ingredients, glazing, freezing
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and frozen storage, shall comply with the requirements of the latest editionof SANS 2074.
4.2The principles of HACCP, as recommended by the Codex AlimentariusCommission, shall as a minimum be used for the implementation of a productsafety management system.
4.3All local raw materials for processing shall be obtained from a source thathas a valid permit from DALRRD to either harvest, grow, process or supplylobsters and where applicable comply with the SAMSM &CP. Raw materialsfrom the wild shall comply with the Compulsory Specification for live lobsters(VC9104).4.4In the event of an amendment or updating of the SANS standard referencedin 4.1 above, the factory / establishment/ facility shall be in compliance withthe amended or updated requirements within six months of publication of theamended or updated standard. Ifevidence of compliance to suchamendments or updates cannot be provided, the approval of the factory /establishment/ facility may be withdrawn.
Note: The required World Trade Organization (WTO) transparency provision will also beconsidered in this period.
5.MARKINGS5.1The products covered in this specification shall be marked in accordancewith the requirements of the latest edition of SANS 2074 as applicable andas per the labelling requirements promulgated in terms of the FoodstuffsCosmetics and Disinfectants Act (Act 54 of 1972) as amended or incompliance with the labelling requirements of the country to which it must beexported. In terms of South African produced products the official factory /establishment /facility number issued by the NRCS in accordance withsection A 1.4 of this Compulsory Specification shall be included.
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ANNEX A(NORMATIVE)
A.1 APPLICATION FOR APPROVAL OF THE FACTORY /ESTABLISHMENT/FACILITY AND PRODUCT IN THE REPUBLIC OF SOUTH AFRICA
The applicant shall apply in writing to the NRCS for approval of the factory /establishment/ facility. Approval of a factory / establishment/ facility shall be valid fora maximum period of one (1) year. The applicant shall reapply for approval annually.The application shall be accompanied by the following:A.1.1 Details of the facility for which approval is sought;A.1.2 Documentation and records insupport of an effectiveproduct safetymanagement system. For new factory / establishment/ facility, provisional approvalmay be given for a period of three months in order to generate the requireddocumentation and records;A.1.3 Information required by the NRCS for the measures taken by the applicant toensure ongoing conformity with the requirements of this Compulsory Specification;andA1.4 The NRCS shall issue an official facility number /code on approval of the factory/ establishment/ facility
A.2APPLICATION FOR APPROVAL OF IMPORTED PRODUCTSThe applicant shall apply to the nearest NRCS regional office as soon as theconsignment is available for sampling and inspection and subsequent approval of the(imported) product(s). The applicant shall notify the NRCS at least 10 working daysprior to the date on which approval is needed. The application shall be accompaniedby the following:A.2.1 Applicants shall supply details of the products per consignment for whichapproval is sought by providing the following information:a)The applicable permits as required by DALRRD;(b)Importers shall supply a health guarantee certificate (Annex C) containingevidence that imported products originate from a facility approved for export inthe country of origin per consignment for which approval is sought. The NRCSmay also request that specific testing be performed;c)Details of the importer, product, bill of entry (SARS release), quantity, numberof product and batch code(s), code list or bill of lading;
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d)The date and place where it will be available for 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 custom officials;
g)andThe voyage number of the cargo carrier (vessel, aircraft or registration numberof vehicle).A.2.2 Any reasonable additional information to clarify the application as requested bythe NRCS.A.2.3 The NRCS may for the purposes of inspection and verification of products,sample products according to the regulatory risk based sampling plans.
A.3APPLICATION FOR APPROVAL OF EXPORT OF PRODUCTSThe applicant shall apply to the nearest NRCS regional office for approval of theproduct(s). The application shall be submitted at least ten (10) working day prior tothe date on which it is needed. The application shall be accompanied by the following:A.3.1 Where applicants require official approval for export or any other purposes,applicants shall supply details of products 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 specificcertification for official purposes).A.3.2 The applicable permits as required by DALRRD.A.3.3 Details of the markings as required by clause 5 of this Compulsory Specificationused on the packed product(s).A.3.4 Where required by the NRCS, guarantees that the product(s) complies with theprescribed testing requirements outlined in the Compulsory Specifications andreferenced standards. The NRCS may also request that specific testing required bythe importing country be performed.A.3.5 Any reasonable additional information to clarify the application as requested bythe NRCS.A.3.6 The NRCS may for the purposes of inspection and verification of products,sample products according to the regulatory risk based sampling plans.
A.4GRANTING OF APPROVALA.4.1 The NRCS shall issue an approvals document, as is applicable for the facility/factory / establishment/ facility, imported products or products destined for export, to
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the applicant when all the requirements of this Compulsory Specification have beenmet.A.4.2 The NRCS shall assign a unique number to each approvals document.A.4.3 An approvals document shall be the sole proof of approval by the NRCS.
A.5WITHDRAWAL OF APPROVALA.5.1 Any approval granted in respect of the product or the facility/ factory /establishment/ facility pursuant to this Compulsory Specification may be withdrawn, ifcompliance with the requirements of this Compulsory Specification has not beenmaintained. Re- application will be treated as new applications.
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ANNEX B(NORMATIVE)
B.1HEALTH GUARANTEES FOR EXPORTB.1 1 The 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, refrigerated, stored, and quality are inaccordance with the requirements of this Compulsory Specification and /or therequirements of the country of destination. In terms of requirements, all sections ofthe handling and processing chain are to be in compliance and, where appropriate,random samples may be taken for inspection and verification purposes.B.1.2 Health guarantees shall only be issued for product from approved facility/factories / establishments requiring such guarantees.B.1.3 As required, finally prepared product/s shall be monitored on the basis ofrandom testing and surveillance programmes.B.1.4 For the issuing of health guarantees, it is required that for every consignment:a)The product originates from facility/ factories / establishments approved by theNRCS in terms 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.B.1.5 No health guarantees will be issued for foreign product where the anatomicalwholeness has not been changed in South Africa.
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C.1 HEALTH GUARANTEES FOR IMPORTED FISH AND FISHERY PRODUCTSREGULATED UNDER THE NRCS
(ON AUTHORITY'S OFFICIAL LETTERHEAD) Reference no.Country of dispatch:
Competent Authority:
Inspection Authority:I.Identification of productsTrue description of product:
ANNEX C(NORMATIVE)
Approval number:Place of loading/ dispatch-III.Destination of products:County of destination:Port of entryTransport details- .Sea Freight / Air freight /OtherPresentation of product and type of treatment:Batch Identification Marks /Code /s Type and Manner of Packaging:
Number of Packages /UnitsNet weightGross weightTemperature: - Chilled Frozen.Ambient...Il.Origin of ProductsName and address of approved factories /establishments /facility:
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Container 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 specified above, have been farmed (where applicable), processed,packed and stored in a facility/ies approved by the Competent Authority.2.The fish and fishery products comply/ies with the particular CODEX Standard for the specificproducts or where there is no such Standard, with the Compulsory Specifications/TechnicalRegulations legislated by the Republic of South Africa in terms of The National Regulator forCompulsory Specifications Act (Act No.5 of 2008) and contained and referenced in the CompulsorySpecification.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:
Official Stamp with date:
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