The Development of a Good Practice Guide for Vessel Based Molluscan Shellfish Harvesting and Production

1.Introduction

The development of Good Practice Guidelines (GPGs) to assist the fish industry to achieve optimal operating performance is an ongoing process. Seafish have been instrumental in establishing a programme to produce a series of Good Manufacturing Practice guidelines for the fishing and related industries. The guidelines for the primary production sector form the basis of procedures to be followed under the Responsible Fishing Scheme operated by Seafish through the British Standards Institutes’ publicly available specification.

Seafish GPGs currently cover the following primary production sectors; pelagic fishing, demersal fishing, Nephrops fishing, and the handling and storing of live crustacea. The aim of the GPGs is to help businesses to achieve high operating standards by recognising that their “catch” is a food product, and detailing practices that ensure product safety and quality together with efficient use of the natural resource. The provisions identified within GPGs aim to help fishermen and other primary producers meet their legal obligations with respect to the harvesting, holding and distribution of food products, and ensure overall product safety.

In order to increase the scope of the Seafish Responsible Fishing Scheme, and assist molluscan shellfish businesses, the development of GPGs for molluscan shellfish is required. The wide range of molluscan shellfish prosecuted in the UK and the diverse production techniques indicate the difficulty of establishing a single comprehensive GPG. Molluscan shellfish include bivalves (clams, mussels, oysters etc.) gastropods (whelk, winkle etc.) and cephalopods (squid, cuttlefish etc.). Production techniques range from hand gathering and diving, to offshore dredging activities and for some species cultivation operations predominate. In order to encompass the diverse range of operating conditions embraced by molluscan shellfish producers, two GPGs are required.

This report encompasses the development of a GPG for primary producers (fishermen and businesses from catch to dispatch) operating from fishing vessels and/or associated shore-based facilities, and prosecuting any species of mollusc (bivalve, gastropod, cephalopod).

The development of a GPG for molluscan shellfish prosecuted through hand gathering, diving and cultivation activities are the subject of a separate report.

2.Purpose and Scope of Good Practice Guides

The primary purpose for the development of GPGs is to help businesses achieve high operating standards and hence ensure their effectiveness within the seafood market. In the context of primary production businesses, this includes the need to meet product quality specifications in addition to ensuring food safety standards are met. Equally operations must be efficient and meet all legal requirements such as staff competency, traceability of outputs, product labelling, and waste disposal procedures etc. In addition consideration must be given to how and where vessels operate in the context of safeguarding natural resources. This is particularly relevant with respect to statutory nature conservation designations and the maintenance of the ecological status of coastal waters. The statutory and non-statutory aspects of good practice must be combined in the operation of each business in order to ensure competitiveness within the market place. In addition the identification of best practice has the potential to be utilised for workplace training purposes and is extremely important in relation to commercial quality assurance schemes. The Seafish Responsible Fishing Scheme is an example of the practical use of GPGs in the context of production assurance, and provides potential benefits for primary producer businesses.

Current EU food hygiene legislation recognises the need for approved guides to good hygiene practice to aid compliance with food law. Regulation 852/2004/EC places the responsibility to identify and control any risks to food safety on the individual businesses. The Regulation encourages the development of GPGs by business sectors and provides for their use in support of the law.

In the context of EU food hygiene legislation it is important for businesses involved in the production of molluscan shellfish products, to recognise their status as a “food business”. The definition is “any business dealing with food” and a “food business operator” is an individual or company responsible for ensuring the requirements of food law are met within the business. In this context fishermen (vessel operators) are included as “food businesses”.

Equally important is the definition of “primary production” in food law as it relates to the seafood industry. It encompasses any handling of fishery products that does not substantially alter their nature. It applies to all operations on board vessels (excepting factory and freezer vessels), and transport to the first establishment on land. Fishery products remain “primary products” even after slaughter, bleeding, gutting, removing fins, refrigeration, and wrapping. The production, growing and harvesting of live bivalve molluscs is also classed as “primary production”, including the transport to a dispatch centre, purification plant or processing establishment.

The one exception to the regulations is the supply of small quantities of primary products by the producer directly to the final consumer. This includes up to 25 tonnes of fishery products or live bivalve molluscs per year. However, it is still the responsibility of the producer to ensure the food is safe and end product standards are met.

The hygiene of foodstuffs regulation (852/2004/EC) does not require HACCP (Hazard Analysis and Critical Control Point) measures to be implemented for primary production activities. However, there is a requirement for national legally recognised Good Manufacturing Practice guidelines to be in place. The regulation encourages the development of national guidelines, their dissemination and use, although uptake by food business operators is voluntary. Specific requirements are identified for the contents of the guidelines in relation to primary production to compensate for businesses not having to apply HACCP measures. The Food Standards Agency in the UK is responsible for reviewing the national guidelines to ensure that they are suitable as guides to compliance for the sectors and foodstuffs covered.

In the context of general industry activities, the development of a GPG for vessel based molluscan shellfish harvesting and handling will help businesses comply with food law by establishing a common approach. This will be of particular benefit to the many small and low risk businesses in the seafood industry through hazard identification and control, without the need for HACCP measures. In addition the broader benefits of establishing good practice for the sectors primary production activities should help businesses to fully exploit commercial development opportunities.

3.Structure of the Good Practice Guide

The following sections of the guide for vessel based molluscan shellfish harvesting and handling, are structured to encompass best practice for industry activities based on the general characteristics of the individual mollusc groups. In this context there is a clear distinction drawn between live molluscs placed on the market and those regarded as fresh fishery products. The former category includes bivalve and gastropod molluscs while typically cephalopods are landed in a fresh state. The legislative provisions and operational practices applicable to these two distinct food product types are clearly identified at each step of the production and distribution chain.

Section 4 outlines the range of statutory measures food businesses are required to adhere to in terms of food safety. In addition requirements for the establishment of shore based facilities, transport of live molluscs and registering of buyers and sellers are identified. Key business and mollusc harvesting activities impacted by regulations are detailed, and this includes legislation relating to the environmental impact of production activities.

Section 5 identifies the specific provisions within the legislation that vessel operators and food businesses are required to adhere to, provides a practical interpretation of the meaning for businesses, and describes best practice to ensure food safety, product quality and operational efficiency.

Appendix 1 provides contact details for allgovernment agencies and devolved government bodies responsible for administering and implementing the legislative provisions identified.

Appendix 2 indicates the typical requirements for vessel/establishment and crew hygiene measures aimed at achieving best practice for food safety.

4.Summary of Legislation for Harvesting and Handling Molluscan Shellfish

In order to assist food businesses identify the general legal requirements for the production and placing on the market of molluscan shellfish, the individual UK legislative provisions have been identified. The specific details of these measures and implications for food businesses can be found in the next section.

It should be recognised that within the UK, England and the devolved governments (Scotland, Wales, Northern Ireland) are required to implement EU directives and have to interpret and implement EU regulations. In addition national legislation can be created and enforced provided that it meets or exceeds EU minimum requirements. The legislative provisions created by devolved governments in addition to EU or UK measures should be established by contacting the appropriate government departments (see Appendix 1).

It is outwith the scope of this document to cover legislation relating to the licensing of fishing activities in terms of vessel operation and safety. Equally access to molluscan stocks through fisheries management provisions is not described. For specific guidance on vessel licensing the respective government departments should be consulted (see Appendix 1). In the context of marine safety the Maritime and Coastguard Agency have responsibility for UK vessels. With respect to inshore fisheries management, district Sea Fisheries Committees control coastal waters (0-6NM) in England and Wales. Devolved governments in the remainder of the UK control similar areas, with DEFRA responsible for overall UK fisheries management legislation and territorial waters (see Appendix 1 for contacts).

4.1Food Safety and Food Hygiene Legislation

Regulation 178/2002/EC laying down the general principles of food law, establishing the European food safety authority and laying down procedures in matters of food safety.

This is the principle overarching regulation, which contains general definitions applicable to other regulations. This is the main element of food law extending throughout the food chain from primary production to retailing, and encompasses distribution/transport. Fishing and cultivation are determined as primary production. The regulation requires that food should not be unsafe or be misleadingly presented. The responsibility is placed on food business operators to ensure compliance with food law. There is also a requirement that food products should be traceable at all stages of the production and supply chain, with food businesses able to withdraw or recall food that fails to comply.

Important definitions:

“Food” an animal becomes food when it is prepared for placing on the market for human consumption, typically for molluscs at the point of capture or harvesting.

“Primary production” this covers fishing, gathering and cultivation of molluscs and includes transport of products and live animals from the place of production to a dispatch/purification centre, provided this does not substantially alter the products nature.

“Food business operator” is the person or company responsible for ensuring that the requirements of food law are met by the business. Fishermen and cultivation businesses are defined as food businesses. Most food business operators carrying out primary production must comply with the general principles of food law in Regulation 178/2002/EC. Higher risk products such as live molluscs face additional requirements identified within EC/853/2004 (see below).

“Traceability” this is the ability to trace the food, feed, food-producing animal or substance to be included in food back through all stages of production, processing and distribution. Traceability will enable product recall after the product is placed on the market.

Regulation 852/2004/EC on the hygiene of foodstuffs.

The regulation sets out the requirements applicable to any food business for basic hygiene, and includes a specific set of hygiene rules for primary production.

The general provisions identify the principle responsibility for food safety resting with the food business operator, and the necessity to ensure food safety throughout the food chain starting with primary production. The registration of food businesses and the implementation of safety controls based on Hazard and Critical Control Point (HACCP) principles by food business operators is outlined (although HACCP is not required for primary production).

Small quantities (<25 tonnes) of primary products sold by the producer directly to the final consumer are exempt from the regulation. However, there is still a general requirement that the products are safe and end product standards are met especially for higher risk products such as live molluscs (see 853/2004/EC). The regulation supports the development and use of officially approved guides to good practice especially for primary production. Food businesses must register with the Local Authority before beginning operations.

Regulation 853/2004/EC laying down specific hygiene rules for food of animal origin.

The regulation establishes detailed prescriptive measures for products of animal origin including primary production and specific higher risks such as live molluscs. (This replaces the UK Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998). There is an exemption for food businesses selling direct to the final consumer (retailers) and for fishery products. However, rules do apply for retail sales of live molluscs (and gastropods). Businesses subject to the regulation including live bivalve mollusc purification and dispatch establishments are required to be approved by the Local Authority before trading can begin. The regulation lays down detailed rules for the operation of dispatch and purification centres for live molluscs and for transport between production areas and the first establishment. There is an exemption for the supply of small quantities (<25 tonnes PA) of primary products directly from the producer to the final consumer, or to local retail establishments that directly supply the final consumer. However, it is the responsibility of the food business operator that the food meets end product standards. With respect to live molluscs they must have been harvested from “class A” waters and be suitable for direct human consumption without purification.

Important definition:

“Products of animal origin” in the context of fishery products these include live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods intended for human consumption.

Regulation 854/2004/EC laying down specific rules on the organisation of official controls on products of animal origin intended for human consumption.

This regulation deals with enforcement procedures to ensure safe food. Provision is made for official controls and prescribed enforcement procedures to be carried out by competent authorities in respect of Regulation 853/2004/EC.

Regulation 882/2004/EC on official controls to ensure the verification of compliance with feed and food law, animal health and welfare rules.

This regulation deals with enforcement procedures to be carried out by competent authorities in respect to regulations 852/2004/EC and 853/2004/EC.

Regulation 2073/2005/EC on microbiological criteria for foodstuffs.

The regulation sets acceptable microbiological limits for specific foodstuffs. Food safety management plans such as HACCP or Good Manufacturing Practice, are required to meet the set criteria. The criteria have been established to ensure food is safe and to implement official controls. Cooked and live molluscan shellfish have specific microbiological criteria to be achieved.

4.1.1UK Legislation Supporting European Regulations

The Food Safety Act, 1990 is the vehicle by which Regulation 178/2002/EC is enforced within the UK. In addition exempt products in the context of “small quantities” of live molluscs or fishery products under Regulations 852/2004 EC and 853/2004/EC when placed on the market are subject to The Food Safety Act, 1990 to ensure end product standards are met. The Food Safety Act 1990 (as amended) prohibits the placing on the market of unsafe food and prohibits food being presented or labelled in such a way as to mislead the consumer.

The Fish Labelling Regulations, 2003apply to England and the devolved administrations (Scotland, Wales and N. Ireland) and serve to enforce Regulation 2065/2001/EC pertaining to the identification of species, production method and location of production for foodstuffs placed on the market. When molluscan shellfish are the subject of retail sale to the final consumer they must be accompanied by labelling or documentation giving details of their common name, production method (caught at sea or farmed) and the production area.

The General Food Regulations, 2004 serve to enforce Regulation 178/2002/EC and provide the requirement for traceability and recall of unsafe food.

The Food Hygiene (England) Regulations, 2006 (similar in Scotland, Wales, Northern Ireland) provide enabling legislation for EC food hygiene legislation.

4.2Water Quality and Environmental Legislation

Directive 92/43/EC on the conservation of natural habitats and of wild fauna and flora.

Known as the “Habitats Directive” which together with Directive 79/409/EC on the conservation of wild birds, forms a network of European Marine Sites (EMSs) known as Natura 2000, which aim to protect designated habitats and species. Statutory bodies have the duty to avoid any deterioration of sites in terms of the species or habitats of interest. In UK coastal waters (12NM) the “Habitats Directive” together with other national statutory nature conservation designations are enacted through the “Conservation (Natural Habitats, &c) Regulations, 1994”. In addition Special Areas of Conservation (SAC) throughout territorial waters are enacted through “Offshore Marine Conservation (Natural Habitats, &c) Regulations, 2007”. The “Habitats Directive” requires that for any “plan or project” having a significant effect on an EMS an “Appropriate Assessment” (AA) is required to be undertaken by the competent body authorising the activity. In the context of mollusc harvesting the AA will identify activities potentially having a deleterious effect on the site.