NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT(Act 5 of 2008)
AMENDMENT OF THE COMPULSORY SPECIFICATION FOR FROZENSHRIMPS (PRAWNS), LANGOUSTINES AND CRABS, AND PRODUCTSDERIVED THEREFROM (VC 8031)
Itis hereby made known under section 13(4) of the National Regulator forCompulsory Specifications Act, (Act 5 of 2008), that I,Dr Rob Davies theMinister of Trade and Industry, intends to amend the compulsory specificationfor frozen shrimps (prawns), langoustines and crabs, and products derivedtherefrom, as set out in the attached Schedule.
Any person who wishes to comment on the intention to thus amend theCompulsory Specification concerned, shall submit their comments, in writing, tothe Chief Executive Officer, National Regulator for Compulsory Specifications,Private Bag X25, Brooklyn, 0075, on or before the date two (2) months after thepublication of this notice.
Dr Rob Davies, MPMinister of Trade and IndustrySTAATSKOERANT, 17 OKTOBER 2014 No. 38088 83
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No. 803 17 October 2014
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 SCHEDULEVC 8031COMPULSORY SPECIFICATION FOR FROZEN SHRIMPS (PRAWNS),LANGOUSTINES AND CRABS, AND PRODUCTS DERIVED THEREFROM
1SCOPE
1.1This Compulsory Specification applies to the handling, preparation, processing,packing, transportation, freezing, storage and quality of frozen shrimps (prawns),langoustines and crabs, and products derived therefrom, for human consumption,which are to be offered for sale.
2DEFINITIONS
2.1For the purposes of this Compulsory Specification the definitions in the latestedition of SANS 788: 'Frozen shrimps (prawns), langoustines and crabs, 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:evidencethatthehandling,preparation,processing, packing, transportation, freezing, storage and quality of frozen shrimps(prawns), langoustines and crabs, and products derived therefrom produced for salecontinues to conform 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 onor in which shrimp (prawn), langoustine and crab products are handled and treated to
prepare them for commercial purposes. Fish shops (over the counter sale shops),hotels, boarding houses, restaurants or other eating houses, as well as entities where84 No. 38088 GOVERNMENT GAZETTE, 17 OCTOBER 2014
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 the core business are the transportation of goods, are excluded from the scope of thisCompulsory Specification;
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);and2.2.8product 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 shrimps (prawns), langoustines and crabs, and products derivedtherefrom to be offered for sale shall comply with the requirements of this CompulsorySpecification.3.2The factory / establishment for the production for frozen shrimps (prawns),langoustines and crabs, and products derived therefrom in the Republic of SouthAfrica shall be pre-approved by the NRCS for conformity of production requirementsas prescribed in Annex A.1. Such approval shall be reviewed annually or morefrequently.
3.3The factory / establishment as referenced to in 3.2 may not dispatch frozenshrimps (prawns), langoustines and crabs, and products derived therefrom without avalid NRCS approvals document for the factory / establishment.3.4Application for approval of the product(s) shall be made to the NRCS for everyconsignment of frozen shrimps (prawns), langoustines and crabs, and productsderived therefrom which are imported into South Africa in accordance with therequirements of Annex A.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 evidence of conformityof production on request,STAATSKOERANT, 17 OKTOBER 2014 No. 38088 85
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 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 further evidence of conformity or a new application for approval.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 which 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 in writing when it isno longer maintaining a product safety management system.
3.12The testing of frozen shrimps (prawns), langoustines and crabs, and productsderived therefrom against the requirements of this Compulsory Specification shall bedone by test facilities that are accredited to use the referenced test methods. In thecase where there are no test facilities available that are in compliance with theforegoing, the NRCS shall determine which facilities can be used in terms of itsconformity assessment policy.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.3.14The NRCS may for the purposes of inspection and verification of products,sample products according to the regulatory risk based sampling plans.
4SPECIFIC REQUIREMENTS
4.1The handling,preparation,processing,packing,transportation, freezing,storage and quality of frozen shrimps (prawns), langoustines and crabs, and productsderived therefrom, as well as the requirements for the ingredients, glazing, freezingand frozen storage, shall comply with the requirements of the latest edition of SANS788.86 No. 38088 GOVERNMENT GAZETTE, 17 OCTOBER 2014
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 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 shrimps (prawns), langoustines and crabs for processing shall beobtained from a source that has a valid permit from DAFF to either harvest, grow,process or supply shrimps (prawns), langoustines and crabs.4.4In the event of an amendment or updating of the SANS 788 standard, thefactory/establishment shallbeincompliance with the amended or updatedrequirements within six months of publication of the amended or updated standard. Ifevidence of compliance to such amendments or updates cannot be provided, theapproval of the factory / establishment may be withdrawn.
5MARKINGSFrozen shrimps (prawns), langoustines and crabs, and products derived therefromshall be marked in accordance with the requirements of the latest edition of SANS 788.In terms of South African produced products the official factory / establishment numberissued by the NRCS in accordance with section A 1.5 of this Compulsory Specificationshall be included.STAATSKOERANT, 17 OKTOBER 2014 No. 38088 87
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 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 re-apply for approval every consecutive year. The application shallbe accompanied by the following:A.1.1Details of the factory / establishment for which approval is sought;A.1.2Documentation andrecordsinsupportof aneffectiveproductsafetymanagement 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 I 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:A.2.1For imported products, applicants shall supply details of the frozen shrimps(prawns), langoustines and crabs, and products derived therefrom per consignment byproviding 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)Health certificate where it is applicable in terms of any agreement;
c)The date and place where the consignment will be available for inspection;d)Name and contact details of a contact person;88 No. 38088 GOVERNMENT GAZETTE, 17 OCTOBER 2014
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 e)The number(s) of the bill(s) of entry and the date authorized by custom officials;and
f)The voyage number of the cargo carrier (vessel, aircraft or registration numberof vehicle).A.2.2For locally produced products, where applicants require approval for export orany other purposes, applicants shall supply details of the frozen shrimps (prawns),langoustines and crabs, and products derived therefrom per consignment for whichapproval is sought by providing information with regards to the type of approvalrequired (e.g. certificate of compliance, health guarantee to a particular country orother specific certification for official purposes). This application shall as a minimumbe made 10 working 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 theprescribed 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 applicantwhen all 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.
A.4WITHDRAWAL OF APPROVALA.4.1Any approval granted in respect of frozen shrimps (prawns), langoustines andcrabs, and product derived therefrom or the factory / establishment pursuant to thisCompulsory Specification may be withdrawn at any time without prior notice, ifcompliance with the requirements of this Compulsory Specification has not beenmaintained.STAATSKOERANT, 17 OKTOBER 2014 No. 38088 89
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 ANNEX B(Normative)
B.1HEALTH GUARANTEES FOR EXPORT
B.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,andqualityareinaccordance 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,random samples may be taken for verification purposes. No health guarantees will beissued for foreign products where the anatomical wholeness has not been changed inSouth Africa.B.1.2Health guarantees shall only be issued for 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 shrimps (prawns), langoustinesand crabs, and products derived therefrom shall be monitored on the basis of randomtesting and surveillance 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 NRCSin 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.90 No. 38088 GOVERNMENT GAZETTE, 17 OCTOBER 2014
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998