Imports - OVS Note 08/41
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
Products of animal origin from China - amendment to commission decision 2002/994/EC regarding testing of aquaculture fishery products for residues of malachite green & crystal violet.
This letter is addressed to Border Inspection Posts in England only.
I am writing to let you know that the Commission have published Commission Decision 2008/463/EC, which amends Decision 2002/994/EC, and extends the protective measures with regard to aquaculture fishery products from China, on 19 June 2008 in the Official Journal.
From 1 July 2008 all consignments of aquaculture fishery products from China must be accompanied by a declaration of the Chinese competent authority stating that each consignment has been subjected before dispatch to a chemical test to detect the presence of malachite green and/or crystal violet, and/or their metabolites. These measures are in addition to the existing ones already in place by Decision 2002/994/EC (as amended).
However consignments of aquaculture fishery products that are not accompanied by the chemical test results may, for a period of no more than six weeks, enter the EU providing they undergo tests to detect the presence of malachite green and/or crystal violet, and/or their metabolites at the point of entry.
Where test results, either accompanying consignments of aquaculture fishery products, or carried out during the transitional period at ports, show the products to be non-compliant i.e. detect the presence of malachite green or crystal violet, or metabolites (or any combination), then appropriate enforcement action should be taken.
Decision 2008/463/EC provides for charging of all expenditure incurred when testing to be charged to the food business operator or person responsible for the consignment.
Commission Decision 2008/463/EC can be accessed on the Commission’s website at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:160:0034:0035:EN:PDF
Please note that this is a PDF file in Acrobat and to access it you will need to have Adobe Acrobat.
Commission Decision 2008/463/EC has been implemented into English law by means of Declaration POAO REG 61/020 issued under regulation 61 of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006. A copy of the signed Declaration (PDF 50KB) is also attached.
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) by following this link: https://grail.foodapps.co.uk/grail/general/home.aspx
Ian Grist
Imported Food Branch
Enforcement Support Division
Page published:
27 June, 2008