Guyana- Statutory law - Food safety
FOOD SAFETY
Guyana
SUMMARY
The Fishery Products Regulations establish provisions to ensure the food safety of fishery and aquaculture products. It prescribes requirements for establishments involved in the harvesting of fishery products. Regulations are provided for vessels, landing sites, seaports and airports, unloading, transportation, storage, etc. It also prescribes handling requirements for fishery products during harvesting, storing and transportation. It requires adequate hygiene practices for the facilities, equipment, and personnel in contact with the products (temperature controls, use of potable water, among others). It establishes safety conditions for the processing of fishery products and requirements for imports and exports.
The Guyana Livestock Development Authority Act, the Animal Welfare Act, the Slaughter of Cattle (Control) Act, the Food and Drugs Regulations, and the Animal Health Act provide regulations related to the food safety of livestock products. Specific rules are also provided for under the Georgetown (Abattoir) By-laws and the New Amsterdam (Markets) By-laws. There are also hygiene regulations and standards for personnel involved in the slaughtering of animals. The legal framework provides for ante- and post-mortem inspections of animals and carcasses, and empowers inspectors to declare meat either fit or unfit for human consumption. Licences and permits are provided to engage in import and export of livestock, animal products and commodities.
Regarding wildlife, there are no prohibited methods to kill animals with respect to safety requirements and conditions to handle, store, preserve and transport wild animal carcasses for consumption after hunting activities. There are also no requirements or standards for the handling, processing, transportation and inspection of wild meat.
With regard to the mentioned provisions on wildlife, livestock and fisheries, the requirements established for food safety make no distinction of the scale of the trade. Regulations are focused on industrial productions, but there are no specifications on the applicability of such provisions to small-scale households, except for the Animal Welfare Act which contains some provisions concerning the slaughtering of animals for private domestic consumption.
The Food and Drugs Regulations regulate the processing of food, including additives that may be used in food processing, requirements for the storage and use of packaging materials, and the obligation to use potable water in food processing. The Guyana Livestock Development Authority (GLDA) administers and regulates the trade and export of livestock and livestock products. The Fishery Products Regulations empower every authorized officer of the Veterinary Public Health Unit of the Ministry of Health to enforce the regulations.
GENERAL PROVISIONS
FACILITIES AND HYGIENIC PRACTICES
According to the Fishery Products Regulations, prior authorization from the competent authority is required for the construction, adaptation, modification or reconstruction of any premises and facilities where fish products are prepared, processed, refrigerated, frozen, packaged or stored. It also prescribes the minimum standards for the design and construction of facilities used for aquaculture and fish handling including, inter alia, self-draining, insulation, materials for decks, parameters of potable water, vessels equipment, refrigeration, storage rooms, containers and sanitary facilities.
Different regulations on livestock and fisheries provide for hygiene requirements of workers. The Environmental Guidelines for Swine Rearing Operations and the Environmental Guidelines for Poultry Rearing Operations prescribe the minimum standards for the hygiene of personnel involved in the handling, inspection and processing of meat. The Georgetown (Abattoir) By-laws also prescribe the minimum standards for the hygiene of persons in charge of slaughtering all animals in the slaughterhouse. The Fishery Products Regulations also establish standards for the hygiene of personnel involved in fish handling, inspection and processing, as well as for visitors.
INSPECTORS
The Animal Health Act empowers the competent authority to appoint qualified inspectors to implement and enforce its provisions. The Fishery Products Regulations empower the competent authority to appoint qualified inspectors to implement and enforce fish control legislation. The legal framework, however, does not prescribe minimum required qualifications for inspectors.
MEAT AND PRODUCTS GENERATED FROM HUNTING
FISH AND PRODUCTS GENERATED FROM FISHING AND AQUACULTURE
GENERAL REQUIREMENTS
The Fishery Products Regulations prescribe requirements for equipment and establishments involved in the harvesting of fishery products. Regulations are provided for vessels, landing sites, seaports and airports, unloading, transportation, storage, etc. They also prescribe handling requirements for fishery products during harvesting, storing and transfer, with the aim of minimizing the risk of contamination. It prescribes adequate hygiene practices for the facilities, equipment, and personnel in contact with the fishery products, temperature controls, use of potable water, among others. It also establishes different requirements for the treatment of fish products. In some cases, it requires the heading, gutting, filleting, among other practices. It regulates different standards for the storage, transportation and display in the market of fishery products intended for human consumption.
INSPECTION
ANTE-MORTEM INSPECTION
At the national level, there is no specific requirements for an inspection prior to the slaughter. The Animal Health Act empowers inspectors to authorize the slaughtering or destruction of animals based on the risk of disease. Moreover, according to the Guyana Livestock Development Authority Act, any officer, employee or other person authorized by an order in writing by the Chief Executive Officer may confiscate diseased or contaminated livestock or livestock products, and may dispose of them at the expense of the person responsible for the livestock.
At the local level, the Georgetown (Abattoir) By-laws mandate that animals must be inspected prior to slaughter and on the same day. The animal must be in the slaughterhouse for at least eight hours prior to slaughter. The By-laws also require that a record must be kept of all animals entering into the slaughterhouse, identifying their individual characteristics. The Georgetown (Abattoir) By-laws also empower inspectors to declare an animal either fit or not fit for slaughter.
POST-MORTEM INSPECTION
The Slaughter of Cattle (Control) Act empowers the veterinary or police officer to examine, at any time, the carcasses of slaughtered cattle. Similarly, the Food and Drugs Regulations require post-mortem inspection of animal carcasses intended for trade. With respect to fisheries, the Fishery Products Regulations require that post-mortem inspections be conducted on products intended for trade to identify potential risks to human health.
The legal framework also provides for several obligations for inspection of carcasses. According to the Cattle Stealing Prevention Act, anyone who slaughters an animal in any places other than the Georgetown market, or any other abattoir owned by local authorities shall be bound to keep the skin of the animal for 48 hours after it has been slaughtered. The Fishery Products Regulations require the operator to maintain the identity of the fishery product and other relevant parts until inspection is completed.
The Guyana Livestock Development Authority Act, the Animal Health Act, the Georgetown (Abattoir) By-laws and the New Amsterdam (Markets) By-laws empower inspectors to dispose of animal products and/or to declare meat suitable for consumption. The Fishery Products Regulations empower inspectors to declare fish either fit or unfit for human consumption.
The Cattle Stealing Prevention Act provides specific offences related to post-mortem inspection. The offences are sanctioned by fines and imprisonment.
PROCESSING
MARKING
The Fishery Products Regulations require that fish deemed fit for human consumption following post-mortem inspection must be assigned a certificate delivered by the competent authority. Similarly, the Georgetown (Abattoir) By-laws, the New Amsterdam (Markets) By-laws and the City (Markets) By-laws require that meat deemed fit for human consumption following post-mortem inspection must be clearly marked in a manner approved by the Council.
The Fishery Products Regulations require that the country and establishment of origin is clearly indicated on the fish product packaging to facilitate traceability.
PROCESSING
The Fishery Products Regulations prescribe several requirements for processing. It establishes the conditions in which fish products must be stored after post-mortem inspection and prior to transportation to market or export. It also requires that, during processing, non-edible by-products must be removed from spaces where edible fish products are held as quickly as possible. All water used in the processing of fish products must be of potable quality. The regulations establish requirements for additives that may be used in fishery products and conditions for the storage and use of packaging materials in a manner that minimizes the risk of contamination. According to the Fishery Products Regulations, the person responsible for an establishment shall keep records of each lot of fish processed and shall keep a register of the processing carried out.
Less provisions are established for the processing of livestock or livestock products. According to the Georgetown (Abattoir) By-laws, no skin shall be removed or carried in the same container as any fresh meat.
The Food and Drugs Regulations also prescribe some provisions on processing. It establishes that potable water must be used as an ingredient in the manufacture or preparation of any food. Moreover, it provides requirements for additives that may be used in food processing and prescribes requirements for the storage and use of packaging materials in a manner that minimizes the risk of contamination.
DISTRIBUTION
WITHDRAWAL AND RECALL
Several laws provide for the withdrawal of unsuitable products. Under the Animal Health Act, any animal deemed unfit for human consumption, must be burnt or buried, or otherwise disposed of as soon as possible in accordance with the orders, either general or particular, of the authorized officer. With respect to fisheries, the fishery products that are not suitable for human consumption must be withdrawn from the market and denatured so that they cannot be re-used.
Regarding livestock, the Georgetown (Abattoir) By-laws establish that all fresh meat condemned in the abattoir by an inspector as unfit for human consumption shall be removed daily to be destroyed or disposed.
TRANSPORT
The Fishery Products Regulations prescribe different conditions for the transportation of fish products, which include adequately equipped vessels, refrigeration tools, easily-to-clean material, and other hygiene conditions. Vessels must also be cleaned after each fishing trip. The Fishery Products Regulations also require that the means of transport used for fishery products must not be used for transporting other products likely to impair, transmit harmful properties or abnormal characteristics to, or contaminate fishery products, except where such products can be guaranteed to be uncontaminated due to thorough cleaning and disinfection of the transport vehicle. Vehicles can only transport fishery products that are suitable for human consumption, and the transport of waste and by-products in fishing vehicles is prohibited.
IMPORT
Different instruments regulate the import of animal products. The Animal Health Act establishes that any person who intends to import any animal, animal product or commodity into Guyana must apply to the authority for an import permit. It also prescribes the requirements for importing animal products, including costs and procedures. It empowers the competent authority to establish additional requirements for the import of meat and fish based on risk assessment in order to prevent the introduction of disease or health risks into the country. Regarding livestock and livestock products, the Guyana Livestock Development Authority Act establishes that a person who wishes to engage in the trade, export or processing of livestock must apply to the Guyana Livestock Development Authority for a licence to do so. The Food and Drugs Act establishes that no article of food shall be imported into Guyana unless it wholly conforms to the law of the country in which it was manufactured or produced, and is accompanied by a certificate. The Animal Health Act and the Fisheries Products Regulations establishes specific storage requirements for meat and fish products. The Animal Health Act and Foods and Drugs Act prescribes inspection requirements of products upon arrival. |
EXPORT
Exports are regulated under different legal instruments. According to the Animal Health Act, no person shall export aquatic animals, aquatic animal products or other commodities without an export permit issued by the Guyana Livestock Development Authority (GLDA). The application for an export permit shall be submitted in the prescribed form and accompanied by the prescribed fee. An international veterinary or animal health certificate may be issued by the GLDA in order to meet the requirements of the importing country for the export of terrestrial or aquatic animal products.
With respect to livestock, the Guyana Livestock Development Authority Act mandates that any person who wishes to engage in the trade or export of livestock or process, trade or export of livestock products shall apply to the authority for a licence to do so.
Regarding fisheries, the Fishery Products Regulations prescribe the procedures to export fishery products. They shall be processed according to the regulations and shall not be tainted or decomposed. Shipments must be accompanied by an export health certificate.
According to the Guyana Livestock Development Authority Act, anyone who engages in the trade or export of livestock without a licence is liable to a fine.
INSTITUTIONAL FRAMEWORK RELEVANT TO FOOD SAFETY
INSTITUTIONAL SET-UP
The Animal Health Act designates the Guyana Livestock Development Authority (GLDA) as the National Authority in charge of implementing the Animal Health Act. The Minister of Agriculture is responsible for the administration of the Act. The Act also designates a National Advisory Committee on Animal Health and a National Committee on Aquatic Animal Health Management to advise and provide assistance to the National Authority. Members of the Committee may include representatives from the livestock, fisheries and aquaculture industry, food producers, consumers, etc. The GLDA may designate authorized officers and official analysts to support the implementation of the Act. It also establishes that local authorities shall assist authorized officers in the performance of their functions and in the exercise of their powers.
Regarding fisheries, the Fishery Products Regulations empowers every authorized officer of the Veterinary Public Health Unit of the Ministry of Health to enforce regulations regarding the production of fishery products and safety aspects.
DELEGATION OF POWERS
The Animal Health Act does not explicitly mention the delegation of powers. It enables the Guyana Livestock Development Authority (GLDA) to appoint or designate authorized officers and official analysts to support the enforcement of the Act. However, the functions of these officers are complementary to those of the GLDA and were not delegated to them. The Guyana Livestock Development Authority Act authorizes the GLDA to delegate its functions to any of its directors, advisers, officers, experts, consultants or employees.