Export (Fish) Regulation 1953
Unvalidated References: Customs Act 1951 Trade Marks Act 1905 Trade Marks Act 1978 Public Holidays Act 1953
This reprint of this Statutory Instrument incorporates all amendments, if any, made before 25 November 2006 and in force at 1 July 2001. ......... Legislative Counsel Dated 25 November 2006
INDEPENDENT STATE OF PAPUA NEW GUINEA.
Chapter 101F.
Export (Fish) Regulation 1953
ARRANGEMENT OF SECTIONS.
1. Interpretation. 2. Application. 3. Delegation. 4. General restrictions on export. 5. Graders. 6. Requirement of trade description. 7. Nature of trade description. 8. Interference with trade descriptions. 9. Registration of export establishments and appointed places. 10. Sale or lease of export establishment or appointed place. 11. Freezing chambers, etc., in export establishments. 12. Storage chambers, etc., in appointed places. 13. Place of examination. 14. Notice of intention to move frozen fish. 15. Transfer of frozen fish from export establishment, etc. 16. Shipping of frozen fish. 17. Notice of intention to export, and declaration. 18. Approved for export stamp. 19. Export permits and certificates as to examination. 20. Re-examination. 21. Loading of frozen fish. 22. Register of brands. 23. Application for registration. 24. Registration as trade mark. 25. Registration numbers. 26. Assignments and transmissions of trade marks. 27. Cancellation of brand. 28. Analysts. 29. Certificate of analyst. 30. Fees for certificates. 31. Fees for officers’ services.
Export (Fish) Regulation 1953
MADE under the Customs Act 1951 and the Commerce (Trade Descriptions) Act 1952.
Dated 200 .
PART I. – PRELIMINARY.
1. INTERPRETATION.
In this Regulation, unless the contrary intention appears–
“analyst” means a person appointed to be an analyst–
(a) under Section 28; or (b) for the purposes of the Customs Act 1951 ;
“appointed place” means premises registered under Section 9 as an appointed place; “approved” means approved by the Director; “approved for export stamp” means a stamp in an approved form; “containers” means all the principal coverings in which fish is contained; “cooked fish” means fish that has been subjected to an approved heat treatment; “export establishment” means premises registered under Section 9 as an export establishment; “fish” means fish (including crustacea, oysters, other shell fish and all forms of marine animal life other than whales), other than beche-de-mer, whether fresh, frozen, canned, dried, cooked or processed in any way, or parts of any such fish, intended for export; “frozen fish” means raw, cooked or processed fish that has been refrigerated; “grader” means a person appointed under Section 5 to be a grader; “Managing Director” means the Managing Director of the National Fisheries Authority; “officer” means an officer of Customs; “registered brand” means a brand registered under Part V ; “tuna” means–
(a) albacore (Germo alalunga); and (b) southern bluefin tuna (Thunnus maccoyii); and (c) northern bluefin tuna (Thunnus thynnus); and (d) yellowfin tuna (Neothunnus macropterus); and (e) skipjack or striped tuna (Katsuwonus pelamis).
2. APPLICATION.
This Regulation does not apply to ships’ stores brought to or shipped in Papua New Guinea.
3. DELEGATION.
The Managing Director may, by writing under his hand, delegate to an officer of the National Fisheries Authority all or any of his powers or functions under this Regulation (except this power of delegation).
PART II. – GENERAL PROVISIONS AS TO EXPORTATION OF FISH.
4. GENERAL RESTRICTIONS ON EXPORT.
(1) The exportation of fish is prohibited unless–
(a) the Managing Director is satisfied that the fish has been prepared or processed in an export establishment; and (b) the conditions and restrictions (if any) specified in the second column of Schedule 2 in relation to the name or description of the fish have been complied with; and (c) the exporter has obtained an export permit in accordance with this Regulation in respect of the fish; and (d) the approved for export stamp has been applied to the fish or the container of the fish; and (e) the provisions of this Regulation have been complied with.
(2) Subsection (1)(b) does not apply to fish in respect of which the Managing Director certifies that, for the purposes of experiment, or on account of exceptional circumstances, it is desirable that that paragraph should not apply.
5. GRADERS.
(1) The Managing Director may appoint a person to be a grader for an export establishment.
(2) A grader must ensure that fish is graded, prepared or processed and packed in the export establishment in accordance with this Regulation.
Penalty: [1] A fine not exceeding K200.00.
PART III. – TRADE DESCRIPTIONS.
6. REQUIREMENT OF TRADE DESCRIPTION.
(1) Subject to this Regulation, the exportation of fish is prohibited unless there is applied to the fish a trade description in accordance with this Regulation.
(2) Subsection (1) applies to fish that are imported into the country and are not held in bond, unless the Managing Director is satisfied that the fish are not the produce of Papua New Guinea.
7. NATURE OF TRADE DESCRIPTION.
(1) The trade description to be applied to fish shall be in accordance with this section and with the provisions (if any) specified in the third column of Schedule 2 opposite to the name or description of the fish.
(2) The trade description–
(a) shall be in the form of a principal label or brand affixed to the fish, or to the containers of the fish, in a prominent position and in a conspicuous and reasonably permanent manner; and (b) shall contain, in prominent and legible characters, a true description of the fish, together with the words “Papua New Guinea”; and (c) may include, in addition, the name of the part of the country in which the fish was produced, prepared or processed; and (d) shall, subject to Subsections (3) and (4), include one, and may include both, of the following particulars:–
(i) the name of the producer, processer or exporter; (ii) the registered brand of the producer, processer or exporter; and
(e) shall, subject to Subsection (5), specify the net weight of the fish.
(3) The Managing Director may, subject to such conditions as he thinks proper, permit the consignee’s brand to be included in the trade description instead of the registered brand of the producer, processer or exporter.
(4) Where the producer or processer is not the exporter, the trade description shall include the name of the producer or the processer, or the registered brand of the producer or processer, unless the exporter sets out in the notice of intention to export the name and address of the producer or the processer.
(5) In the case of frozen fish, the actual weight in a container shall be in excess of the marked net weight by not less than 2.5% of the marked net weight.
(6) Except in the case of frozen fish, each immediate container of fish shall have embossed on it the letters “Ex”.
(7) The trade description to be applied to fish in pursuance of this Regulation shall have relation to the condition of the fish as at the time of shipment.
8. INTERFERENCE WITH TRADE DESCRIPTIONS.
A person who, except by the authority of an officer, removes, alters or interferes with a trade description marked on or applied to fish that have been inspected by an officer is guilty of an offence.
PART IV. – SUPERVISION, INSPECTION AND EXAMINATION.
9. REGISTRATION OF EXPORT ESTABLISHMENTS AND APPOINTED PLACES.
(1) A person who is the owner or occupier of premises used for the preparation, processing or storage, or for the examination, of fish may apply to the Managing Director in Form 1, for the registration of the premises as an export establishment or as an appointed place, as the case may be.
(2) Where the Managing Director is satisfied that the premises the subject of an application under Subsection (1) are constructed, equipped and operated in an efficient and hygienic manner, and are in conformity with this Regulation, he–
(a) may, subject to such conditions and restrictions as he thinks proper, register them as an export establishment or as an appointed place, as the case may be; and (b) shall issue to the applicant a certificate of registration in accordance with Form 2.
(3) The certificate of registration shall specify–
(a) all operations that may be conducted in the premises to which it refers; and (b) the conditions and restrictions under which the registration is granted.
(4) Unless sooner cancelled, a certificate of registration expires on 30 June next following the date on which it was issued, but may, on written application in Form 1, be renewed from time to time.
(5) Where the Managing Director is satisfied that–
(a) a breach of the conditions or restrictions, subject to which an export establishment or appointed place has been registered, has been committed; or (b) an offence against this Regulation has been committed in or in connection with an export establishment or appointed place,
he may cancel the registration of the establishment or place.
10. SALE OR LEASE OF EXPORT ESTABLISHMENT OR APPOINTED PLACE.
If an export establishment or appointed place is leased or sold, the lessee or transferee shall not, without the approval of the Managing Director, use the premises for any of the operations specified in the certificate of registration.
11. FREEZING CHAMBERS, ETC., IN EXPORT ESTABLISHMENTS.
An export establishment in which frozen fish is prepared, processed or stored shall–
(a) contain a chamber–
(i) where cooked fish is being prepared in the establishment–capable of reducing the temperature of the fish to -12°C; or (ii) where fish, other than cooked fish, is being prepared in the establishment–capable of reducing the temperature of the fish to -7° C within 10 hours after the fish has been placed in the chamber; and
(b) contain–
(i) where cooked fish is being stored in the establishment–at least one chamber capable of maintaining the fish at a reasonably constant temperature not exceeding -12° C; or (ii) where fish, other than cooked fish, is being stored in the establishment–at least one chamber (separate from the chamber referred to in Subparagraph (i)) capable of maintaining the fish at a reasonably constant temperature not exceeding -15°C; and
(c) have approved instruments for measuring temperatures in each chamber; and (d) maintain a log of temperatures of each chamber recorded at intervals of not more than eight hours; and (e) have the floors and walls of the packing rooms solidly constructed to a height of not less than 1.8 m of brick, masonry, concrete or other approved material rendered impervious and washable, all corners being well rounded out; and (f) have a satisfactory supply of suitable running water under pressure; and (g) be equipped only with approved tables, benches, troughs, trays and other equipment that is or are capable of being sterilized.
12. STORAGE CHAMBERS, ETC., IN APPOINTED PLACES.
An appointed place in which frozen fish are examined shall–
(a) contain at least one chamber–
(i) where cooked fish is examined in the place–capable of maintaining the fish at a reasonably constant temperature not exceeding -12°C; or (ii) where fish, other than cooked fish, is examined in the place–capable of maintaining the fish at a reasonably constant temperature not exceeding -15°C; and
(b) have approved instruments for measuring temperatures in each chamber; and (c) maintain a log of temperatures of each chamber recorded at intervals of not more than eight hours; and (d) be situated at or adjacent to a port from which shipment from the country commences; and (e) provide suitable private facilities for examination by officers.
13. PLACE OF EXAMINATION.
(1) Subject to this Regulation, fish shall be sent to an appointed place in sufficient time before shipment to enable an officer to examine it.
(2) The Managing Director may, in exceptional cases, permit the examination of fish to be made at a place other than an appointed place.
14. NOTICE OF INTENTION TO MOVE FROZEN FISH.
A person who intends to move frozen fish from an export establishment to another export establishment or to an appointed place shall, at least two clear working days before the day on which he intends to move the fish, lodge with an officer a notice, in duplicate, in Form 3.
15. TRANSFER OF FROZEN FISH FROM EXPORT ESTABLISHMENT, ETC.
Whenever frozen fish is moved from an export establishment to another export establishment or to an appointed place, or from an appointed place to a vessel for shipment from the country–
(a) transportation facilities shall be such that the temperature of the fish shall not rise–
(i) in the case of cooked fish–above -5°C; and (ii) in the case of fish other than cooked fish–above -8°C; and
(b) the fish shall be accompanied by a certificate, signed by the grader at the export establishment where the goods were packed, that the fish has been prepared or processed and packed in accordance with this Regulation.
16. SHIPPING OF FROZEN FISH.
Frozen fish shall not be shipped in a vessel unless–
(a) the vessel is equipped to hold the fish at a temperature not exceeding -12°C; and (b) the refrigerated hold has been adequately pre-cooled before loading.
17. NOTICE OF INTENTION TO EXPORT, AND DECLARATION.
[2] (1) A person who intends to export fish shall, at least three clear working days before the proposed date of shipment, furnish to the Managing Director a notice and declaration in Form 4.
(2) A person who makes a false or misleading statement in a declaration furnished under Subsection (1) is guilty of an offence.
Penalty: [3] A fine not exceeding K500.00.
(3) In any proceedings for an offence against Subsection (2), a certificate signed by the Managing Director, certifying that the declaration–
(a) was furnished under Subsection (1); and (b) was made by the person by whom it purports to have been made,
is prima facie evidence of the matters so certified.
(4) Judicial notice shall be taken of the signature to a certificate under Subsection (3), and of the fact that the person whose signature it purports to bear holds, or held at the time when the certificate was made, the office of the Director.
18. APPROVED FOR EXPORT STAMP.
Where an officer or grader is satisfied that any fish has been prepared or processed and packed in accordance with this Regulation, he shall apply the approved for export stamp to it or to the container of it.