Imports - OVS Note 08/38
This OVS Note was issued by the Food Standards Agency (FSA). Therefore Defra cannot advise on its content. Please contact the FSA for further information. Tel: 020 7276 8018, email: imported.food@foodstandards.gsi.gov.uk
Classification of fishery products
This letter is addressed to Border Inspection Posts in England only for information.
I have been asked to write to BIPs to set out our views on how to classify certain fishery products and crustaceans with regard to Commission Decision 94/360/EC. Several types of products have been identified as requiring classification - live and frozen lobster, raw and cooked frozen scampi, Dim Sum, Surimi and frozen cooked prawns
Live and frozen lobster and raw and cooked frozen scampi
Our view is that all these products should fall under Category II.6. "Live lobster" should be in Category II. 6 in Annex I of Decision 94/360/EC because Decision 2007/275/EC, and in particular CN Code 0306 states: "Live crustaceans imported for immediate human consumption are considered and treated for veterinary checks purposes as if they were products".
Similarly, other Crustaceans i.e."frozen lobster", "scampi raw frozen" and "scampi cooked and frozen" are "fishery products", as defined in Annex I, 3.1 of Regulation 853/2004, but not in hermetically sealed containers, or regarded as fresh and frozen fish or salted fishery products, would fall into Category II.6, in Annex I of Decision 94/360/EC.
Dim Sum
Our view is that Dim Sum containing fish/shellfish is a "processed fishery product" as defined in Annex I, 7.4 of Regulation (EC) No 853/2004. Dim Sum is covered in Category II.6 of Annex I of Decision 94/360/EC and falls under CN Code 1604 of Decision 2007/275/EC. This Code includes in the "Qualification and explanation" box: "cooked or precooked culinary preparations containing molluscs or fish". However, there are many types of Dim Sum and if the ingredients have only been "prepared" and/or "assembled", but not cooked and, as long as the fish/shellfish content is more than 20% by weight, CN Code 1603 00 is appropriate. Where pasta is part of the recipe, e.g. noodles, CN code Ex 1902 should be used.
Surimi
Surimi, also known as "crab sticks", are often called "seafood sticks" and are made from minced fish, which might be crab flavoured. Our position is that Surimi is a "processed fishery product" as defined in Annex I, 7.4 of Regulation (EC) No 853/2004. Surimi is covered in Category II.6 of Annex I of Decision 94/360/EC and, falls under CN Code 1603 00 of Decision 2007/275/EC. This Code actually includes Surimi in the "Qualification and explanation" box.
Frozen Cooked Prawns
Our opinion is that frozen cooked prawns" is a "processed fishery product" as defined in Annex I, 7.4 of Regulation (EC) No 853/2004. Frozen cooked prawns are covered in Category II of Annex I of Decision 94/360/EC and falls to CN Code 0306 of Decision 2007/275/EC. This Code covers "Crustaceans, in shell, cooked by steaming or by boiling in water, whether or not frozen".
The above frequency of physical checks of consignments of the above-named products from Third Countries is considered appropriate owing to the nature of the products and the potential risks to public health. Such frequencies might be altered should there be any future review in this regard.
The advice contained in this letter should not be taken as an authoritative statement of the law or its interpretation. Only the courts can decide whether in particular circumstances an offence has been committed.
I hope that this is helpful but if you need any further information please let me know. The Agency’s imports section on our website can be found at http://www.food.gov.uk/imports
Local Authorities may also register for the Agency’s on-line Guidance and Regulatory Advice on Import Legislation system (GRAIL).
Yours sincerely
Ian Grist
Imported Food Branch
Enforcement Support Division
Page published:
24 June, 2008