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Newfoundland and Labrador
Regulation 2015


NEWFOUNDLAND AND LABRADOR REGULATION 76/15

NEWFOUNDLAND AND LABRADOR
REGULATION 76/15

Fish Inspection Operations Regulations (Amendment)
under the
Fish Inspection Act

(Filed September 29, 2015)

Under the authority of subsection 4(2) of the Fish Inspection Act, I make the following regulations.

Dated at St. John’s, September 28, 2015.

Vaughn Granter
Minister of Fisheries and Aquaculture

REGULATIONS

Analysis


        1.   S.2 Amdt.
Interpretation

        2.   S.3 Amdt.
Establishment requirements

        3.   S.4 Amdt.
Agency agreement requirements

        4.   S.15.01 Added
Duties of fish buyer

        5.   S.17.1 Added
Exemption from marking

        6.   S.21 Amdt.
Restrictions on purchase of lobster and turbot

        7.   S.23 R&S
Standards for storage and transportation

        8.   S.24 Amdt.
Storage before processing or marketing

        9.   S.34 Amdt.
Offal disposal

      10.   S.43 R&S
Storage


NLR 76/07
as amended

        1. Subsection 2(1) of the Fish Inspection Operations Regulations is amended by adding immediately after paragraph (a) the following:

         (a.1)  "approved source of water" means water from a source acceptable to the minister;

 

        2. Paragraph 3(3)(a) of the regulations is repealed and the following substituted:

             (a)  an establishment used exclusively by a fish harvester for

                      (i)  washing, gutting, salting, sorting, handling, drying or icing his or her catch,

                     (ii)  selling or offering to sell the following fish directly to either a person who holds both a fish buyer's licence and a licence under section 5 of the Food Premises Regulations or an individual:

                            (A)  fresh finfish,

                            (B)  live crustaceans,

                            (C)  seal meat,

                            (D)  shucked scallops, or

                            (E)  squid, or

                    (iii)  filleting finfish for the purpose of selling it or offering to sell it in accordance with subparagraph (ii);

 

        3. Section 4 of the regulations is amended by adding immediately after subsection (5) the following:

             (6)  A person who holds both a fish buyer's licence and a licence under section 5 of the Food Premises Regulations shall not enter into an agency agreement under this section.

 

        4. The regulations are amended by adding immediately after section 15 the following:

Duties of fish buyer

15.01 The holder of a fish buyer's licence shall comply with reporting requirements established by the minister in the form and manner and at the frequency prescribed by the minister.

 

        5. The regulations are amended by adding immediately after section 17 the following:

Exemption from marking

   17.1 Sections 16 and 17 do not apply to a carton of fish, a label of a carton of fish and a master carton of fish for sale directly by a fish harvester in accordance with the Act and the regulations to either a person who holds both a fish buyer's licence and a licence under section 5 of the Food Premises Regulations or an individual.

 

        6. Subsection 21(2) of the regulations is repealed and the following substituted:

             (2)  The holder of a fish buyer's licence or a fish processing licence may only purchase turbot intended for processing or marketing for human consumption that has been bled and gutted.

 

        7. Section 23 of the regulations is repealed and the following substituted:

Standards for storage and transportation

      23. (1) Where fish or fish products are stored, held or transported,

             (a)  a vehicle used to transport fish or fish products shall employ a system of containment, including insulated containers, vehicle bodies, boxes, tubs and barrels, tanks and other forms of conveyance acceptable to the minister, that is constructed and modified so as to prohibit the discharge of fluid and effluent associated with the holding, storage, and transport of fish or fish products;

             (b)  the conveyance referred to in paragraph (a) shall provide protection against contamination and where applicable shall be secured with tight fitting covers using strapping or fasteners;

             (c)  the fish and fish products shall be confined in a container or receptacle to prevent damage or its release; and

             (d)  the conveyance and the system of containment referred to in paragraph (a) shall be

                      (i)  free from defects,

                     (ii)  watertight, and

                    (iii)  cleaned before each trip and disinfected in the manner and frequency determined by an inspector.

             (2)  Where unprocessed fish intended for processing is stored, held or transported within the province, the fish shall be bled and gutted, where appropriate, and washed with an approved source of water to remove excess blood, slime and viscera prior to stowage.

 

        8. Subsection 24(1) of the regulations is repealed and the following substituted:

Storage before processing or marketing

      24. (1) Where fish intended for processing or marketing for human consumption is

             (a)  on board a vehicle;

             (b)  being transported; or

             (c)  being held

                      (i)  in a holding area or chill room, or

                     (ii)  preparatory to entering the production line,

the fish shall be

             (d)  protected from physical damage, contamination and weather at all times;

             (e)  stowed in a container so that the depth of fish and ice does not exceed 90 centimetres but in any event so that the minimum distance between the fish and ice and the top of the container is 4 centimetres;

             (f)  in the case of fish other than shrimp, iced or chilled in a manner so as to maintain the temperature of the fish below 4° and in the case of shrimp, iced or chilled in a manner so as to maintain the temperature of the shrimp below 3°;

             (g)  in the case of shrimp, stored in bags not to exceed 11.5 kilograms per bag or in 70-litre capacity stackable tote pans not to exceed 25 kilograms per tote pan; 

             (h)  in the case of crab, stored in 70-litre capacity stackable tote pans not to exceed 23 kilograms per tote pan; and

              (i)  in the case of whelk, stored in bags not to exceed 18 kilograms per bag or stored in 70 litre capacity stackable tote pans not to exceed 20 kilograms per tote pan.

 

        9. Paragraph 34(2)(a) of the regulations is repealed and the following substituted:

             (a)  collected in handling systems, receptacles or conveyances that are not used for the holding or transport of fish intended for processing or marketing for human consumption;

 

      10. Section 43 of the regulations is repealed and the following substituted:

Storage

      43. (1) Processed fish and fish intended for marketing for human consumption shall be stored in a manner and in a location that preserves its quality and safety.

             (2)  No odiferous or toxic substance shall be stored in a processing area or in an area where fish is marketed for human consumption.

             (3)  Unnecessary equipment and material shall not be stored in an area where fish is handled, processed, graded, stored or marketed for human consumption.