Imports - OVS Note 08/54
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.ukCommission decision 2008/630/EC: Emergency measures applicable to Crustaceans imported from Bangladesh for human consumption
This letter is addressed to Border Inspection Posts in England only.
A Food and Veterinary Office inspection visit to Bangladesh identified serious shortcomings in the residue control system in live animals and animal products, and a lack of appropriate laboratory capacity for testing certain residues of veterinary medicinal products.
The Bangladesh authorities took measures to address these shortcomings as regards the handling and testing of fishery products but these measures were not considered by the Commission to be sufficient. As a result, Commission Decision 2008/630/EC was adopted. Please see the following link to the PDF version of the Decision
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:205:0049:0050:EN:PDF
Decision 2008/630/EC has been implemented by means of Declaration POAO Reg 61/022 issued under Regulation 61 of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006, and this is attached (PDF 80 KB) for your information. This takes effect from 2 August 2008.
Decision 2008/630/EC sets out emergency measures applicable to imports of crustaceans* into the Community from Bangladesh.
Consignments of crustaceans from Bangladesh can only enter the Community if they are accompanied by the results of an analytical test to verify that they do not contain any unauthorised substances and that the levels of veterinary medicinal products do not exceed maximum residue levels (MRLs). The tests must be carried out with a view to detecting the presence of chloramphenicol, metabolites of nitrofurans, tetracycline, malachite green and crystal violet to conform with Commission Regulation (EEC) No 2377/90 and Commission Decision 2002/657/EC. (Article 2)
Any consignments which are not accompanied by the results of an analytical test may enter the Community providing the Border Inspection Post ensures that each consignment of crustaceans from Bangladesh undergoes all appropriate checks, and detains each consignment until laboratory tests show that the substances listed above are not present or the MRLs for veterinary medicinal products are not exceeded. (Article 3)
Where consignments of crustaceans from Bangladesh are found to be contaminated, appropriate enforcement action should be taken at the discretion of the enforcement authority. Mark Ball’s letter of 22 February 2008 (ref OVS/2008/15) gives advice with regard to Regulatory handling options for consignments found to be contaminated with veterinary drug residues.
Food business operators, or persons responsible for the consignment, will be liable for all expenditure incurred in the application of these emergency measures. (Article 5)
Article 4 (2) of the Decision requires Member States to submit a quarterly report to the Commission of all analytical results of these official controls on consignments of crustaceans from Bangladesh. The Agency’s Pesticide, Veterinary Medicine & Biocides Unit will collate these quarterly results from BIPs and forward a single report to the Commission during the month following each quarter (April, July, October and January). Please provide a return at the start of October 2008 and thereafter at the start of January, April, July, etc. to Modupe Ige at modupe.ige@foodstandards.gsi.gov.uk . Please mark the email “Bangladesh results”. Please provide NIL returns if appropriate.
For further information on the policy aspects of the testing for veterinary medicines residues and MRLs please contact my colleague Modupe Ige in the Agency’s Pesticide, Veterinary Medicine & Biocides Unit on 020 7276 8542 email to modupe.ige@foodstandards.gsi.gov.uk
If you need any other information on this OVS letter please let me know.
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
* the Decision refers to “crustaceous”. The Commission advised that Member States decided to use this word instead of shrimp (which was the main product of concern in earlier negotiations). However as the word “crustaceous” is an adjective we have decided to use the noun “crustacean”. Crustaceans (Crustacea) include shrimps, crabs, lobsters and crayfish.
Page published:
5 August, 2008