Legislation
Below Export of fishery products Act 1996
1. Citation & Commencement
The Export of Fishery Products Act, 1996 may be cited as such and shall come into operation on such date as the Minister may by notice in the Gazette appoint.
2. Interpretation
“authorised officer” means an officer appointed under section 9.
“Chief Executive Officer” means the CEO of the Seychelles Bureau of Standards.
“establishment” means any premises where fishery products intended for export are handled.
3. Permit Requirement
(1) No person shall use, operate or be in charge of an establishment or factory vessel except under and in accordance with a permit granted under this Act by the CEO.
(2) A permit shall be in such form and subject to such conditions as the CEO specifies.
4. Application Fee
(1) An application under section 3 must be accompanied by the prescribed fee.
(2) If an application is refused, the fee shall be refunded.
5. Pre-grant Conditions
Before granting a permit, the applicant must satisfy the CEO that the premises/vessel conform to hygiene, equipment and quality-control requirements.
6. Variation of Conditions
The CEO may vary any permit condition in the interests of public health or quality control.
7. Suspension & Revocation
The CEO may suspend or revoke a permit if the holder contravenes this Act or permit conditions.
7A. Scientific Tests
The CEO shall cause any required scientific test or investigation to be carried out by an approved laboratory.
8. Appeals
An aggrieved person may appeal in writing to the Minister within 14 days of the CEO’s decision.
9A. Establishment of FIQCU
(1) A unit called “Fish Inspection and Quality Control Unit” is established within SBS.
(2) Its function is to perform inspection, sampling, testing and certification for fishery exports.
10. Powers of Officers
An authorised officer may enter premises, take samples, detain consignments, and require documents.
10A. Confidentiality
Information obtained under this Act is confidential except as required by law or consented by the owner.
11. Offences
Offences include obstructing an officer, false statements, or exporting without a certificate.
11A. Public Servants
All FIQCU officers are deemed public servants for Penal Code purposes.
12. Penalties
First offence: fine ≤ SCR 15,000 or 12 months’ imprisonment. Subsequent: ≤ SCR 150,000 or 24 months.
13. Regulations
The Minister may make regulations for fees, forms, procedures, and conditions under this Act.
14. Supplementary Provisions
This Act is in addition to any other written law relating to fishery products.
Reg 1. Citation & Commencement
These Regulations may be cited as the Export of Fishery Products (Sanitary) Regulations, 1996.
Reg 2. Application of Other Laws
These Regulations shall be read with the Food Safety Act, 2001, and the Public Health Act, 1976.
Reg 3. Interpretation
“Approved establishment” means any premises approved under the Act; “health certificate” means the certificate under Reg 6.
Reg 4. Permit Conditions
All processing establishments must operate under an approved HACCP system and maintain hygiene.
Reg 5. Processing Conditions
Premises shall be constructed and operated to prevent contamination and ensure product safety.
Reg 6. Sampling & Testing
Routine and random samples of products, water and ice shall be taken for microbiological, chemical and physical tests.
Reg 7. Health Certificates
Every consignment exported must be accompanied by a health certificate containing exporter, product and test details.
Reg 8. Imported Materials
Imported fishery products used as raw materials must be inspected and sampled before processing.