2 Interpretation
‘control’
One submission requested further explanation of the term ‘control’. This term is used in various places in the Standard, for example, clauses 3 and 20.
A definition of ‘control’ has been included in the definitions in Clause 2 Interpretation.
‘frozen seafood’
A number of submissions identified problems with the definition of ‘frozen seafood’.
As drafted, the definition included ‘temperature control’ which, according the definition of temperature control as detailed in the Editorial Note to Clauses 6 and 7 meant that seafood at 60 C would fit the definition of ‘frozen’.
The reference to ‘thermal centre’ in the definition of frozen was also considered to be difficult to enforce, as it would require probing at the centre of the product. Various submissions proposed removing the definition of ‘frozen’, ‘thermal centre’ and also ‘chilled’.
The term ‘frozen’ has an ordinary meaning that is enforceable. An important drafting principle is that where a term has an ordinary meaning it should not be assigned a definition, unless there is intention to depart from that ordinary meaning. Therefore, the definition of ‘frozen seafood’ was removed. As the definition made reference to ‘thermal centre’ and ‘thawed’, those definitions were also been removed. The removal of ‘frozen’, ‘thermal centre’, ‘chilled’ and ‘thawed’ is consistent with the principle of using an ordinary meaning where applicable.
‘live seafood premises’
One submission suggested this definition be removed, as there is no reference to it in the Standard.
This observation is incorrect. Clauses 10 and 14 make reference to the term. Therefore, the definition was retained.
‘primary production of seafood’
Several submissions raised the issue of the definition of ‘primary production’ and noted the confusion between what was covered by ‘primary production’ and what would be classed as ‘primary processing’. As noted earlier, this impacts on the point at which Chapter 4 no longer applies, and Chapter 3 of the Code commences.
The definition of ‘primary production of seafood’ has been amended to specifically encompass those activities considered to be ‘primary production’ and hence encompassed by Chapter 4 of the Code. A definition of those activities considered to be processing has also been included.
‘temperature control’
It was noted in one submission that this term was included in the PPP standard as it is defined in Chapter 3, which includes temperatures of 60C or above. If applied in this way in Chapter 4, seafood would need to be cooked and this would not be appropriate for the seafood PPPS Standard.
The definition of ‘temperature control’ was redrafted for the specific purposes of the PPP Standard, with the definition omitting reference to 60C. This definition is relevant to Clauses 6, 7 and 10 in the General Provisions.
Dostları ilə paylaş: |