NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT(Act No. 5 of 2008), AS AMENDED THROUGH THE LEGAL METROLOGYACT (Act No. 9 of 2014)
AMENDMENT OF THE COMPULSORY SPECIFICATION FOR CANNED FISH,CANNED MARINE MOLLUSCS AND CANNED CRUSTACEANS ANDPRODUCTS DERIVED THEREFROM (VC 8014).
I, Dr. Rob Davies, Minister of Trade and Industry, under Section 13 (1) (a) of theNational Regulator for Compulsory Specifications Act (Act 5 of 2008), herebywithdraw the Compulsory Specification for canned fish, canned marine molluscsand canned crustaceans and products derived therefrom (Government Notice R.790 of 9 July 2004) and replace it with the Compulsory Specification as set out inthe attached schedule, with effect six (6) months from the date of publication ofthis notice.
Dr Rob Da es, MPMinister of Trade and Industry
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DEPARTMENT OF TRADE AND INDUSTRY
NO. 628   22 JUNE 2018
628 National Regulator for Compulsory Specifications Act (5/2008): Amendment of the compulsory specification for canned fish, canned marine molluscs and canned crustaceans and products derived therefrom (VC 8014)  41722
SCHEDULEVC 8014AMENDMENT OF THE COMPULSORY SPECIFICATION FOR CANNED FISH,CANNED MARINE MOLLUSCS AND CANNED CRUSTACEANS AND PRODUCTSDERIVED THEREFROM
1.SCOPE
1.1.This Compulsory Specification appliestothemanufacture,production,processing and treatment of canned fish, canned fish products, canned m arinemolluscs, canned marine molluscs products, canned crustaceans and cannedcrustaceans products.
2.DEFINITIONS
2.1For the purposes of this Compulsory Specification, the definitions in the latestedition of SANS (South African National Standard) 587: `canned fish, cannedmarine molluscs and canned crustaceans and products derived therefrom', shallapply.2.2Any word or expression mentioned in this Compulsory Specification to which ameaning has been assigned inthe 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:2.2.1applicant: a handler, processor, packer, transporter, importer or exporterapplying for approval of the product and /or factory or processing facility. Thehandler,processor,packer,transporter,importerorexportershallbeestablished within the Republic of South Africa.2.2.2approval: confirmation by the NRCS that the product and/or factory satisfiesthe requirements of this Compulsory Specification.2.2.3Compulsory Specification: Compulsory Specification is a technical regulationdocument published in terms of Section 13(1) (a), (b) or(c) of the NRCS Act of2008, (Act No.5 of 2008) as amended. A compulsory Specification lays downproduct characteristics and/or their related processes and production methods,
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including the applicable administrative provisions, with which compliance ismandatory.2.2.4conformity of production: satisfactory evidence that the handling, preparation,processing, packing, transportation, storage and quality of canned fish, cannedmarine molluscs and canned crustaceans and products derived therefrom,produced for sale, continues to conform to the requirements of this CompulsorySpecification,2.2.5DAFF: the Department of Agriculture, Forestry and Fisheries.2.2.6factory /processingfacilities:premisespreparing,handling,treating,processing, producing or packaging canned fish, canned marine molluscs andcanned crustaceansand productsderivedtherefrom,covered by thisCompulsory Specification.2.2.7 HACCP (Hazard Analysis and Critical Control Point): a system whichidentifies, evaluates, and controls hazards that are significant to food safety.2.2.8NRCS: the National Regulator for Compulsory Specifications, as established bythe National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of2008) as amended through the Legal Metrology Act (Act No. 9 of 2014).2.2.9official facility number /code: a unique identification number or code allocatedto a facility, factory or establishment by the NRCS, to establishments in theRepublic of South Africa.2.2.10 01E: World Organization for Animal Health.2.2.1 1 product safety management system: a food safety management systemimplemented by a. factory based on the principles of HACCP as recommendedby the Codex Alimentarius Commission.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.
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3. GENERAL ADMINISTRA IVE REQUIREMENTS
3.1All canned fish, canned marine molluscs and canned crustaceans and productsderived therefrom to be offered for sale, shall comply with the requirements ofthis Compulsory Specification.3.2The factory/processing facility for the production for canned fish, canned marinemolluscs and canned crustaceans and products derived therefrom, shall be pre -approved by the NRCS for conformity of production requirements as prescribedin Annex A - A.1. A certificate of approval for the facility shall be issued by theNRCS. Such approval shall be reviewed annually, or more frequently as may bedetermined by the NRCS. For any other new products that were not part of theinitial annual approval of the facility, the facility shall apply immediately to addnew product/product ranges to the overall approved list.3.3The factory /processing facility may not dispatch canned fish, canned marinemolluscs and canned crustaceans and products derived therefrom, without avalid NRCS approval certificate of compliance per each production batch forproducts produced in the Republic of South Africa.3.4Application for official inspection and approval of the product(s) shall be made tothe NRCS for every consignment of canned fish, canned marine molluscs andcanned crustaceans and products derived therefrom which are imported intoSouth Africa, in accordance with the requirements of Annex A - A.2.3.5Application for approval required for export or any other purposes as required bythe applicant, shall be made in accordance with the requirements of Annex AA.3.3.8The factory /processing facility shall provide the NRCS with satisfactory evidenceof conformity of production upon request.3.7The factory /processing facility 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,demand the submission of fresh evidence of conformity, or a new application forapproval.3.8The factory/processing facility shall immediately report to the NRCS in writing anyfailure, of whatever nature, to conform to the requirements of this CompulsorySpecification.
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3.9Approval granted by the NRCS to a factory/processing facilities in accordancewith 3.2 of this Compulsory Specification, may be suspended and /or ultimatelywithdrawn upon detection of non -compliance to theprovisionsofthisCompulsory Specification orif the applicant fails to re -apply as required.Reasons of such suspension or withdrawal will be provided to the applicant inwriting and the facility shall not sell the identified products. No new batch(es) /production(s) shall be produced after the suspension of the facility, untilnew approval is granted by the NRCS or corrective actions are concluded.3.10 A factory /processing facility whose approval has been suspended, must re -applyto the NRCS in writing within three (3) months of the date of suspension for areassessment, otherwise approval for the establishment to operate in terms ofthis Compulsory Specification will be withdrawn.3.11 A factory /processing facility shall notify the NRCS in writing when its operation isclosing down, three (3) months before the effective date.3.12The testing of canned fish, canned marine molluscs and canned crustaceansand products derived therefrom against the requirements of this CompulsorySpecification shall be done by microbiological and chemical test facilities thatare accredited to use the referenced test methods or any other accreditedmethod validated against the reference method, and giving results that arebetter, or at least equal, to the accuracy of the reference method. In the casewhere there are no test facilities available in the Republic of South Africa thatare in compliance with the foregoing, the NRCS shall determine which facilitiesmay be used in terms of its Conformity 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 prescribedin Annex B. The NRCS may for the purposes of inspection and verification ofproducts, sample products according to the regulatory risk based samplingplans.3.14There will be fees applicable as prescribed in the regulation R924 of 15 October2010, published under the NRCS Act.
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4.SPECIFIC REQUIREMENTS
4.1The manufacture, production, processing and treatment of canned fish, cannedmarine molluscs, canned crustaceans and products derived therefrom shallcomply with the requirements of the latest edition of SANS 587.4.2Manufacturers shall implement and maintain an acceptable Food Safety &Quality Management system such as the HACCP System as recommended bythe Codex Alimentarius Commission.4.3In the event of an amendment or revision of the SANS 587 standard, the factoryprocessingfacilityshall beincompliance with the amended or revisedrequirements within six (6) months of publication of the amended or revisedstandard, unless otherwise declared by a special notice by the Minister. Ifevidence of compliance to such amendments or revisions cannot be provided,the approval of the factory / processing facility may be withdrawn.
Note: The required World Trade Organization (WTO) transparency provision will alsobe considered in this period.
5.MARKINGSCanned fish, canned marine molluscs and canned crustaceans and products derivedtherefrom shall be marked in accordance with the requirements of the latest edition ofSANS 587 and shall include the official factory / processing facility number issued bythe NRCS in accordance with section A 1.5 of this Compulsory Specification. In thecase of imported products, a factory/processing number/ code applicable in the countryof origin shall be made available to the NRCS.
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ANNEX A(Normative)A.1APPLICATION FOR APPROVAL OF A FACILITY AND PRODUC1 IN THEREPUBLIC OF SOUTH AFRICAThe applicant shall apply to the NRCS for approval of the factory / processing facility.Approval of a factory / processing facility shall be valid for a maximum period of one (1)year. The applicant shall reapply for approval annually.The application shall be accompanied by the following:A.1.1Details of the factory / processing facility for which approval is sought;A.1.2 Documentation and recordsinsupportof aneffectiveproductsafetymanagement system,asrequiredbyclause4.1ofthisCompulsorySpecification and SANS 587. For new factory 1 processing facilities, provisionalapproval may be given for a period of three months, in order to generate therequired documentation and records;A.1.3Information required by the NRCS for the measures taken by the applicant toensureongoingconformitywiththerequirementsofthisCompulsorySpecification;A1.4 Any reasonable additional information to clarify the application as requested bythe NRCS; andA1.5The NRCS shall issue an official factory / processing facility number onapproval of the factory / processing 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 within thirty (30) calendardays after the arrival of the consignment.A,2.1Applicants shall supply details of the products per consignment for whichinspection and approval is sought, by providing the following:a) The applicable permits as required by DAFF (including OIE Directives);b)A health guarantee certificate (Annex C) containing evidence that importedproducts originate from a facility approved for export in the country of origin
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per consignment, for which approval is sought. The NRCS may alsorequest that specific testing be performed;c) Details of the imported product, bill of entry number (SARS release), quantity,batch codes and number of product per batch code(s), code list and bill of
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 CustomsOfficials; andThe voyage number of the cargo carrier (vessel, aircraft) or registrationnumber of 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 such products according to the regulatory risk based sampling plans.g)
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 1 working day prior to the dateon which it is needed, for products approved within the last 6 months by the NRCS andat least 10 working days for products approved in excess of 6 months The applicationshall 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 approvalis sought, by providing information with regards to the type of approval required(e.g. certificate of compliance, health guarantee to a particular country or otherspecific certification for official purposes).A.3.2 The applicable permits as may be required by DAFF;A.3.3Details of the markings used on the packed product(s), as required by clause 5of this Compulsory Specification;/.3.4 Where required by the NRCS, guarantees that the product(s) complies with theprescribed testing requirements outlined in the Compulsory Specifications and
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referenced standards.The NRCS may also request that specific testingrequired by the importing country be performed;A.3.5 Any reasonable additional information to clarify the application, as requested bythe NRCS; andA.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.5WITHDRAWAL OF APPROVALA.5.1 Any approval granted in respect of canned fish, canned marine molluscs andcanned crustaceans and products derived therefrom to the factory / processingfacilitypursuant tothisCompulsory Specification may be withdrawn ifcompliance with the requirements of this Compulsory Specification have notbeen maintained. Re- applications will be treated as new applications.
A.4.1 The NRCSshallissue an approval certificate, to the applicant when all therequirements of this Compulsory Specification have been met.A.4.2 The NRCS shall assign a unique number to each approval certificate.A.4.3 An approvals certificate shall be the sole proof of approval by the NRCS.
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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 beenhandled, prepared, processed, packed, transported, refrigerated, stored, andqualityareinaccordancewiththerequirementsofthisCompulsorySpecification and /or the requirements of the country of destination. In terms ofrequirements, all sections of the handling and processing chain are to be incompliance and, where appropriate, random samples may be taken forinspection and verification purposes.B.1.2Health guarantees shall only be issued for product from approved factories /establishments requiring such guarantees. The application shall be submitted atleast 1 working day prior to the date on which it is needed, for productsapproved within the last 6 months by the NRCS and at least 10 working days forproducts approved in excess of 6 months.B.1.3 As required, finally prepared products shall be monitored on the basis ofrandom testing 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 theNRCS in terms of the requirements of this Compulsory Specification;b)All products, product codes and volumes per product code are reflected inthe request for export; andc) The product covered by such a guarantee is fully traceable to its originincluding the requirements as per movement document issued by DAFFwhere applicable.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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Country of dispatch:Competent Authority:InspectionAuthority:
LIdentification of productsTrue description of product:
ANNEX C
C.1HEALTH GUARANTEES FOR IMPORTED FISH AND FISHERYPRODUCTS REGULATED UNDER THE NRCS
(ON AUTHORITY'S OFFICIAL LETTERHEAD) Reference no.
Number of Packages /Units
Net weight..weight
-Scientific name"-Presentation of product and type oftreatment'Batch Identification Marks /Code /sType and Manner of Packaging:
H.Origin of Products
dispatch.Ill.Destination of products:Country of destination.
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Transport details. Sea Freight I Air freight (OtherContainer number I Flight details :Seal number/ air waybill numberConsignor name andaddress'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 lies with the particular CODEX Standard for thespecificproduct/sor where thereisnosuchStandard,withtheCompulsorySpecifications/Technical Regulations legislated by the Republic of South Africa in terms ofthe National Regulator for Compulsory Specifications Mt, 2008 (Act No.5 of 2008) asamended through the Legal Metrology Act, 2014 (Act No. 9 of 2014). and contained andreferenced in the Compulsory Specification.3.The processing plant and where applicable, aquaculture farms specified above, is /aresubject to regular inspection /audit by the Competent Authority in that country to ensure thatproduction,processing practices and food safety systems are in compliance withrequirements of the most updated versions of the general CODEX Principles for FoodHygiene and HACCP (CAC /RCP- 1969) as well as with the CODEX Code of Practice forFishery Products (CAC /RCP 52 -2003) and any animal health requirements to be controlledin terms of OIE Directives.4All products imported into the Republic of South Africa in terms of this CompulsorySpecification shall comply with marking requirements as prescribed by the relevantNational Legislations.5The products above:5.1are free from microorganisms or substances originating from microorganisms in amountsas prescribed by relevant national legislation;5.2shall not contain any other substances in amounts that may present a hazard to humanhealth in accordance with relevant National Legislation.
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