MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

ORDER

New Delhi, the 1st May. 2002

S.0.477(E).— Whereas, for the development of the export trade of India, certain

proposals for subjecting live fish including molluscs and crustaceans meant for

human consumption to quality control and inspection prior to export were published

as required by sub-rule (2) of rule 11 of the Export (Quality Control and luspixtion)

Rules, 1964 in the Gazette of India of Part II, section 3, sub-section (if) >'atcd the 2n!

June, 2001 vide notification S.O. No.1185 dated thel4th May, ."WOl •% the

Government of India in the Ministry of Commerce and Industry, department of

Commerce;

THE GAZETTE OF INDIA: EXTRAORDINARY

|P\KT1I—SEC,3(JJ)]

And whereas, the objections and suggestions were invited from all persons

likely to be affected thereby, within the period of thirty days from the date the said

notification was made available to public;

And whereas the copies of the said Gazette containing the said notification

were made available to the public on 22.06.2001;

And whereas the objections and suggestions received from the public on the

said proposal have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 6 of the Export

(Quality Control and Inspection) Act, 1963 (22 of 1963), the Central Government

after consulting the Export Inspection Council, being of the opinion that it is

necessary and expedient to do so, for the development of the export trade of India,

hereby-

(1) notifies that live fish including molluscs and crustaceans meant for human

consumption shall be subject to quality control and inspection prior to export;

(2) specifies the type of quality control and inspection in accordance with the

Export of live fish (Quality Control inspection and Monitoring) Rules, 2002,

as the type of quality control, inspection and monitoring which shall be

applied to such live fish including molluscs and crustaceans meant for human

consumption prior to export;

(3) recognises the specifications, as set out in Schedule I appended to this Order

as the standards specifications for such live fish including molluscs and

crustaceans meant for human consumption; and

(4) prohibits the export of live fish including molluscs and crustaceans meant for

human consumption by a unit unless it conforms to the standard specifications

applicable to it and is accompanied by certificate stating that such unit is

approved and monitored by the Agency.

2. Nothing in this Order shall apply to export by sea, land or air of samples of live

fish to prospective buyers, the value of which shall not exceed permissible limits as

laid down in the Exim Policy from time to time and where no such provisions exist,

the value of free sample(s) shall not exceed rupees two thousand.

SCHEDULE-1

Specifications for live fish including molluscs and crustaceans, which are

meant for human consumption as per clause (c) of section 6 of the Export

(Quality Control and Inspection), Act 1963 shall be-

ta) National Standards of the importing countries; or

(b) Contractual specifications agreed to between the foreign buyer and the

exporter provided the same satisfies the health and other requirements of the

importing country.

human consumptions for which no standard is available at (a) and (b) above,

the standard formulated by an expert committee consisting of the following

members shall be made applicable-

Representative from the Agency (Chairman);

Representative from the Marine Products Export Development

Authority;

Representative from the Sea food Exporters' Association of India;

Representative from Central Institute of Fisheries Technology;

Representative from Central Marine Fishery Research Institute.

|F.No.6/4/2(XK)-EI&EP|

M V.P.C. SASTRY. Jl. Secy.

_17

NOTIFICATION

New Delhi, the 1st May, 2002

S.O.478(E).— In exorcise of the power conferred by section 17 of the Export

(Quality Control and Inspection) Act, 1963 (22 of 1963), the Central Government

hereby makes the following rules, namely; -

11 Short title and commencement^ 1) These rules may be called the Export of

Live Fish (Quality control, Inspection and Monitoring) Rules.2002,

(2) They shall come into force on the date of their publication in the Official

Gazette.

2. Definitions-In these rules, unless the context otherwise requires,

(a) "Act" means the Export (Quality control and Inspection) Act, 1963(22 of

1963);

\M°^C\T|o^~^

THE GAZETTE OF INDIA. EXTRAORDINARY

PART II—SEC. 3(ii)]

(b) "Agency" means any one of the Export Inspection Agencies established

by the Central Government at Mumbai, Kolkata, Kochi, Delhi and

Chennai, established under section 7 of the Act for inspection including its

sub-offices.

3 of the Act;

(d) "Consignment" means the quantity of live fish bound for one customer in

the country of destination and conveyed by one means of transport only;

(e) "Establishment" means premise, where fishes are handled, fatted and

held;

(f) " Live fish" means any of the trade varieties under the head "Fishes"

including molluscs and crustaceans meant for human consumption.

3.Basis of compliance.

The processor shall ensure that live fish intended for

export are handled and held at all stages including transport under proper hygienic

conditions so as to meet the health requirements laid down under these rules and

that the live fishes conform to the specifications given in the Order by the Central

Government under section 6 of the Act. Further, the Agency shall ensure that the

establishments comply with the requirements by regular monitoring of the

establishments as per the control measures prescribed in rule 13. For effective

monitoring of the scheme, the Council shall issue necessary instructions in this

regard.

4. Live fish for export shall be subjected to the conditions as laid down under

statutory restrictions imposed by any State or Central Government with respect to

commercial or environmental or conservation measures from time to time.

5. Fishes shall be kept under hygienic conditions.

6.Live fishes during and after landing shall be handled in accordance with ttie

requirements under Annexure I.

7.Live fishes shall be handled hygienically in establishments approved in

accordance with Annexure II.

8.The processor shall ensure that the persons responsible for the establishment

take all necessary measures so that the specifications are complied with at all

stages of processing.

9. Having satisfied itself that the establishments meet the requirements with

regard to the nature of the activities they carry out, the Agency on an application

by the establishment made to it, shall accord approval to such establishments.

lO.The Agency may take the assistance of representatives from Marine Products

Export Development Authority (MPEDA) and Seafood Exporters Association of

India (SEAI) in the matter of approval of establishment.

11. The Agency shall take necessary measures if the requirements cease to be

met.

12. The Council shall draw up a list of the approved establishments each of winch

shall have an official number assigned by it.

13. The inspection and monitoring of establishment shall be carried out regulfriy

under the responsibility of the Agency which shall at all times have free access to

all parts of the establishments and records pertaining to application of this

notification in order to ensure compliance with the requirements of this

notification.

14.Certification. On request from the processor or exporter, the Agency shall

issue Health or Veterinary certificate after satisfying itself that the, live fishes ate

handled in approved establishments having valid approval number and after

satisfying the relevant requirements.

14.1 The Agency shall issue certificates on request from exporter or processor

after satisfying itself that requirements of the relevant standards are met.

15. Fees,

(i) A fee of two thousand rupees shall be paid by the establishment

along with application for approval as per clause 9.

(ii) In the case of approval and monitoring system .inspection fee at

the rate of 0.2% of the free on board value subject to a minimum of

five hundred rupees per consignment shall be paid by the exporter to

the Agency.

16. Appeal, (i) Any exporter aggrieved by the refusal of the Agency to issue

certificate of approval under clause 9, may within ten days of receipt of the

communication for such a refusal may prefer anr appeal to the appellate

panel consisting of not less than three but not more than seven persons

appointed for the purpose by the Central Government.

(ii)At least two third of the total membership of the panel shall consist of

non-officials.

(i)

The quorum of the panel shall be-

(a) two in case the panel consists of three members.

(b) three in case the panel consists of four or more members.

(ii)

The decision of the panel on such appeal shall be final

[F. JNO, 6A4/2OOO-EI&EP]

M.VP.C. SAb i kv. Jt. Secy.

|4oZQ/b;>_ 4

THE GAZETTE OF INDIA: EXTRAORDINARY

| PART II—SEC. 3(ii)]

ANNEXURE—I

REQUIREMENTS DURING AND AFTER LANDING

Unloading and landing equipment shall be constructed of material

which is easy to clean and disinfect, and shall be kept in a good state

of repair and cleanliness.

During unloading and landing, contamination of the live fish shall be

avoided. It shall, in particular be ensured that-

i) unloading and landing operations proceed rapidly;

ii)iive fish' are placed without unnecessary delay in a protected

environment at a temperature required on the basis of the nature of

item and where necessary in ice, during transport, storage or in an

establishment;

iii) equipment and handling practices that cause unnecessary damage

to the live fish, are not used.

Parts of auction or wholesale markets where live fish are displayed for

sale shall-

i) be covered and have walls, which are easy to clean;

ii) be equipped with sanitary facilities with an appropriate number of

wash basins and flush lavatories. Wash basins shall be supplied with

materials for cleaning the hands and single use hand towels;

iii) have water proof flooring, which is easy to wash and disinfect, and

laid in such a way as to facilitate the drainage of water and have a

hygienic waste water disposal system;

iv) be well lit to facilitate the inspection of live fish,

v) not be used for other purposes; vehicle emitting exhaust fumes

which may impair the quality of the live fish shall not be admitted to

markets; undesirable animals shall not be admitted;

vi) be cleaned regularly and at least after each sale; container shall

after each sale, be cleaned and rinsed inside and outside with potable

water or clean seawater, where required, they shall be disinfected;

vii) have displayed in a prominent position signs prohibiting smoking,

spitting, eating and drinking;

viii) have facilities to provide adequate water supplies;

xi) have special watertight receptacles made of corrosion resistant

materials for live fish which are unfit for human consumption.

4. After landing, where appropriate, live fish shall be transported

without

delay at a proper temperature.

5. The general conditions of hygiene laid down in ANNEXURE-II,

Paragraph-II with the exception of point 2.1.1 shall apply mutatis mutandis

to the markets in which "live fish' are displayed for sale.

6. The wholesale markets in which live fish arc displayed for sale shall be

subject to the same conditions as those laid down in paragraph 3 and 5

above and to those set out in paragraph 1 of ANNEXURE -II

7. The general conditions of hygiene laid down in ANNEXURE—l\y

Paragraph 2 shall apply mutatis mutandis to wholesale markets.

ANNEXURE-II

I. GENERAL CONDITIONS RELATING TO PREMISES, BUILDING AND

EQUIPMENT

1. Premises and building

l.lThe immediate approaches of the handling areas shall be concreted or tarred or

turfed to prevent wind blown dust.

1.2 The establishment shall be housed in a building of permanent nature affording

sufficient protection from normal climatic hazards like wind blown dust and rain

and shall be of sufficient size for work to be carried out under adequate hygiene

conditions. Their design and layout shall be such as to preclude contamination of

the live fishes. Clean and contaminated parts of the building shall be properly

separated.

1.3 The food handling areas shall be completely separated from the area used for

residential purpose.

1.4 The layout of different sections shall be in such a way as to facilitate the

smooth and orderly flow of work to prevent possible cross contamination.

1.5There shall be adequate natural or artificial lighting. The bulbs and tubes shall

have protective covering.

1.6 There shall be adequate facilities for natural or mechanical ventilation system

to provide' fresh air. Ventilation opening shall be provided with fly proofing

arrangements.

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3(ii)l

2. Fly- Proofing vermin and animal control

2. IThe areas including the live fish receiving and storing area shall be

provided

with effective fly-proofing arrangements. Suitable steps shall also be taken to

prevent the entry of insects, rodents, birds and animals into the handling area.

3, Receiving area

3.1 There shall be adequate facility sufficiently protected from extraneous

contamination to unload the live fish before being taken to the receiving area.

3.2 The area in which the live fish is received and stored shall be so separated

from the area in which the item is packed for export so as to eliminate

contamination.

4. Ceiling, wall and floor of workrooms

4.1 The floor of the live fish handling area shall be water proof, easy to clean and

disinfect and laid down in such a way as to facilitate, the drainage of the water

easily or provided with equipment to remove water. There shall be no water

stagnation on the floor.

4.2 The internal walls of the handling area shall be durable and have smooth

surface which are easy to clean and impermeable, waterproof and light coloured.

4.3 Walls shall be free from projection and all pipes and cables shall be neatly

covered.

4.4 Wall to wall and wall to floor junctions shall be rounded off to facilitate

proper cleaning.

4.5 Ceiling shall be free from cracks and open joints and shall be smooth, water

proof, light colored and easy to clean.

4.6 All doors and windows shall be durable and made of corrosion resistant

material and shall be of self-closing type and easy to clean with fly proofing

arrangements.

4.7 All window sills shall be sloping inwards.

4.8 All entry point into the handling area shall be provided with feet washing pit

of suitable size and the water be changed at frequent intervals.

4.9 All entry points into the handling area shall be provided with adequate

facilities for cleaning and disinfecting hands.

4.10

Instruments and working equipments such as tables, containers and

other utensils used shall be of smooth corrosion resistant materials, easy to

clean and disinfect.

4.11 Utensils used for inedible or contaminated materials shall be identified by

specific mark or colour or shape and shall not be used for handling live fish.

Adequate waste receptacles shall be provided for frequent removal of waste from

the working areas.

II. GENERAL CONDITIONS OF HYGIENE

1.General conditions of hygiene applicable to premises and equipment.

1.1 Floors, walls and partitions, ceilings or roof • linings, equipments and

instruments used for working on live fish shall be of satisfactory state of

cleanliness and repair, so that they do not constitute a source of contamination of

the item.

1.2 Rodents, insects and any other vermin shall be systematically exterminated in

the premises or in the equipments. Rodenticide, insecticides, disinfectants and any

other potentially toxic substances shall be stored in premises or cupboards which

can be locked and their use shall not present any risk of contamination of the live

items.

1.3 Working areas, instruments and working equipment shall be used only for

work on live fish. However, on authorization by the Agency, they may be used for

work on other foodstuffs also.

1A Potable water or clean seawater must be used for all purposes. However, by

way of any exception, non potable water may be used for steam production, fire-

fighting and the cooling of refrigeration equipment, provided that the pipes

installed for the purpose preclude the use of such water for other purposes and

present no risk of contamination of the products.

1.5 Detergents, disinfectant and similar substances must be approved by the

competent authority and used in such a way that they do not have adverse effects

on the machinery, equipments and items.

2. General conditions of hygiene applicable to staff:

2.1 The highest possible standard of cleanliness is required of staff. More

specifically:

2.1.1 Staff shall wear suitable clean working clothes and headgear, which

completely encloses the hair. This applies particularly to persons handling live

fish;

2.1.2 Staff assigned toQie handling and packing of live fish shall be required to

wash their hand at least each time work is resumed as on the hands shall be

covered by a water proof dressing;

2.1.3 Smoking, spitting, eating and drinking in the storage handling and packing

area shall be prohibited.

THE GAZETTE OF INDIA: EXTRAORDINARY

| PAR r II—SFC. 3(ii)]

2.2 The employer shall take all the requisite measures to prevent persons liable to

contaminate live fishes from working on and handling them until there is evidence

that such persons can do so without risk.

When recruited, any person working on and handling live fishes shall be required

to prove by a medical certificate that there is no impediment to such employment.

The medical supervision of such a person shall be governed by the national

legislation in force.

3.General health checks of the live items

3.1 Containers or tanks in which items are stored shall be maintained in good

condition.

3.2 The tank should be provided with mechanical, biological or chemical

filtration system to clean the water and remove toxic nitrogen compounds.

3.3 Devices to maintain proper level of dissolved oxygen may be provided

in order not to damage the live fishes stored wherever applicable.

3.4 Appropriate water circulation or aeration or supplementary oxygen system

is to be provided wherever needed.

3.5 The water temperature is to be adequately controlled especially when

live items are for thermal tranquilization.

3.6 Live fishes, during storage and transport, shall be kept under the most

suitable survival conditions.

3.7 Before the live fish are packed for export, they must be subjected to a visual

inspection These items shall be observed to detect any changed behavior like

erratic swimming movement, resting near margins, loss of balance etc. in

addition to excessive or lack of mucus secretion, change in normal pigmentation

corrosion of scales, fins, lesions on the body shedding of claws physical

damages etc as the case may be. It must also be checked for fungi or parasite

infestations that are visible. The live fish shall be disposed of in such a way that

it will not be used for export.

3.8 Live fish for export must be caught from pollution free aquatic environment.

Without prejudice to the rules concerning water protection and management and

in particular those concerning pollution of the aquatic

environment, the fish must not contain contaminants present in the aquatic

environment such as heavy metals and organochlorinatcd substances as such a

level that the calculated dietary intake exceeds the acceptable daily or weekly

intake for humans.

4 Packaging and transport

4.1 Packing shall be carried out under satisfactory conditions of hygiene to

preclude contamination of the live fish. If transported by air, packages should

meet the IATA standards.

4.2 Packaging materials liable to enter into contact with live fish shall

comply with all the rules of hygiene.

4.3 Before shipping, packages should not be exposed to adverse weather

conditions.

4.4 The transport conditions of live fish to be exported shall be such that they do

not adversely affect the product.

Printed In \hc Mnnngci. liott. ol

India

1'resa. Ring

Uu;id. Mnwpuri. New Delhi-] 100M

•nut Published

the C'linlriiller

o! IHiblic.iuons. Delhi-1 |()I)M