1. OBJECTIVE AND SCOPE OF APPLICATION. This Regulation aims to establish the maximum permitted limits for toxic residues and microbiological counts in fishery and aquaculture products and by-products marketed for human consumption.
2. REFERENCES. Executive Decree Nº 29210 MAG, MEIC, S. Technical regulation on maximum permitted limits for toxic residues and microbiological counts for fishery products and by-products for human consumption.
Executive Decree Nº 32327-S Regulation for Drinking Water Quality.
Law Nº 8495 General Law of the National Animal Health Service.
2. 1. DEFINITIONS.
2.1.1. Aquaculture: The activity of farming aquatic organisms, including fish, mollusks, and crustaceans.
2.1.2. Additive: Any substance which is not normally consumed as a food by itself and not normally used as a typical ingredient of food, whether or not it has nutritive value, the intentional addition of which to food for a technological (including organoleptic) purpose in the manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food results, or may reasonably be expected to result, directly or indirectly, in it or its by-products becoming a component of, or otherwise affecting the characteristics of, such foods. This definition does not include "contaminants" or substances added to food for maintaining or improving nutritional qualities.
2.1.3. Potable Water: Water that complies with the provisions for recommended values or maximum admissible limits for aesthetic, organoleptic, physical, chemical, biological, and microbiological characteristics contained in Executive Decree Nº 32327-S of February 10, 2005, "Regulation for Drinking Water Quality." 2.1.4. Competent Authority: The National Animal Health Service (SENASA) of the Ministry of Agriculture and Livestock, established by Law Nº 8495 of April 6, 2006.
2.1.5. Contaminant: Any chemical agent, microbiological or biological agent, or other substance not intentionally added to food that may compromise food safety or suitability.
2.1.6. Crustaceans: Mostly aquatic arthropods, equipped with mandibles and antennae, such as crabs and lobsters.
2.1.7. Demersal Species: Fish that live in the water column and are associated with the seabed.
2.1.8. Pelagic Species: Fish whose entire biological cycle occurs within the water column.
2.1.9. Freshness: A property related to the time, temperature, handling, processing, or characteristics of a fishery food.
2.1.10. Visual Inspection: A non-destructive examination of fishery products, without using image-magnifying means and under good lighting conditions; if necessary, the examination can be performed by illuminating the lower surface where the fillets are placed for inspection.
2.1.11. Maximum Microbiological Limit: The maximum limit permitted by the Competent Authority, based on the absence, presence, or number of microorganisms, per unit of mass, volume, surface area, or lot.
2.1.12. Maximum Residue Limit: The maximum concentration of residue of a chemical substance authorized by the Competent Authority in products intended for human consumption.
2.1.13. Ready-to-Eat: Foods that can be purchased and consumed without any additional preparation by the consumer.
2.1.14. Veterinary Drug: Any natural, synthetic, or semi-synthetic substance or product and any mixture of these substances or products used for the diagnosis, prevention, treatment, and alleviation of diseases or abnormal physical states, or the symptoms thereof, and for the restoration or modification of organic functions in animals; this includes cosmetics. Also included in this definition are all additives with pharmacological properties such as coccidiostats, antibiotics, and growth promoters used in animal feed, as well as pesticides, veterinary cosmetic-type products, and medicated feeds marketed in therapeutic concentrations.
2.1.15. Mollusks: Soft-bodied invertebrate animals, either naked or protected by a shell, such as snails, oysters, and slugs.
2.1.16. Fresh Fish: Refers to fish or fish-based preparations that, in their final form, have not received any preservation treatment other than chilling.
2.1.17. Fishery Product: Products or derivatives originating from the capture of marine fauna, or from aquaculture production.
2.1.18. Volatile Base Test: A test for determining volatile basic nitrogen in the muscle of fresh fishery products.
2.1.19. Residues: Any foreign substance, including its metabolites, found in fishery products and by-products as a consequence of intentional application or accidental exposure, that constitutes a risk to human health.
2.1.20. Fishery By-product: A secondary product, generally useful and derived from a process performed on fishery products.
2.2 Abbreviations.
2.2.1 mg: milligrams.
2.2.2 µg/kg: micrograms per kilogram.
2.2.3 ng: nanograms.
2.2.4 pg: picograms.
2.2.5 CFU: Colony Forming Units.
2.2.6 ppb: parts per billion.
3. CHEMICAL CONTAMINANTS. Fishery and aquaculture products and by-products must comply with the following maximum limits for chemical contaminants.
3.1 Mercury:
| Maximum Level (mg/kg) | ||
|---|---|---|
| 1 | Crustaceans, Cephalopods without viscera, and bivalve mollusks | 0.5 |
| 2 | Fish in general (except for those mentioned in point 3). | 0.5 |
| 3 | Tuna (Thunnus spp, Euthynnus sp and Katsuwonus pelamis), Bonito (Sarda sarda), Eel (Anguilla spp), Marlin (Makaira spp), Ray (Raja spp), Sharks (all species), Swordfish (Xiphias gladius). | 1.0 |
3.2 Cadmium:
| Maximum Level (mg/kg) | ||
|---|---|---|
| 1 | Crustaceans | 0.5 |
| 2 | Fish in general (except for those mentioned in points 3 and 6). | 0.05 |
| 3 | Sardine (Sardina spp) and eel (Anguilla sp) | 0.1 |
| 4 | Bivalve mollusks | 1.0 |
| 5 | Cephalopods without viscera | 1.0 |
| 6 | Swordfish (Xiphias gladius) | 0.3 |
3.3 Lead:
| Fishery Products | Maximum Level (mg/kg) | |
|---|---|---|
| 1 | Crustaceans | 0.5 |
| 2 | Fish in general, except for those mentioned in point 3 | 0.3 |
| 3 | Tuna (Thunnus spp) and Bonito (Sarda sarda) | 0.2 |
| 4 | Bivalve mollusks | 1.5 |
| 5 | Cephalopods without viscera | 1.0 |
3.4 Tin:
| Fishery Product | Maximum Permitted Limit (mg/kg) |
|---|---|
| Canned | 200 |
3.5 Histamine: Histamine in fishery products from fish species associated with a high histidine content:
| Product | MAXIMUM LEVEL (mg/kg) |
|---|---|
| HISTAMINE-PRODUCING FISH* | 100 |
* Families Scombridae, Clupeidae, Engraulidae, and Coryphaenidae.
4. PESTICIDE RESIDUES.
4.1 Organochlorines:
Aquaculture products and by-products must comply with the following limits for pesticide residues:
| Compound | Maximum Permitted Limit |
|---|---|
| DDT | Not permitted |
| Lindane | Not permitted |
| Aldrin | Not permitted |
| Endrin | Not permitted |
| Endosulfan | Not permitted |
2.2 Dioxins and PCBs.
Fresh or frozen raw fishery products and by-products must comply with the following parameters:
| Compound | Maximum Permitted Limit pg/g Sum of Dioxins | Maximum Permitted Limit pg/g Sum of Dioxins and PCBs |
|---|---|---|
| Fish meat and Crustaceans. | 4 | 8 |
| Eel meat | 4 | 12 |
5. VETERINARY DRUG RESIDUES. Aquaculture products and by-products must comply with the following maximum residue limits for veterinary drugs:
| Name of Veterinary Drug | Maximum Permitted Limit µg/kg |
|---|---|
| Chloramphenicol | Not permitted |
| Furazolidone | Not permitted |
| Nitrofurazone | Not permitted |
| Oxytetracyclines | 100 |
| Tetracyclines | 100 |
| Enrofloxacin | Not permitted |
| Florfenicol | 1000 |
| Albendazole | Not permitted |
| Fenbendazole | Not permitted |
| Macrocyclic Lactones | Not permitted |
| Oxfendazole | Not permitted |
| Diethylstilbestrol (DES) | Not permitted |
| Stilbenes | Not permitted |
| Steroids | No positive result (*) |
| Chloramphenicol | Not permitted |
| Nitrofurans | Not permitted |
(*) Because it is a hormone used in early or reproductive stages of aquaculture activities that require it, but during sampling in later stages, this must not be positive.
6. FRESHNESS CHARACTERISTICS. Fishery and aquaculture products and by-products must comply with the following freshness characteristics:
| Concentration | Species to Sample |
|---|---|
| 25 mg of nitrogen/100 g of meat | Pelagic and demersal species |
| 35 mg of nitrogen/100 g of meat | Cartilaginous species (Shark and Ray) |
| 30 mg of nitrogen/100 g of meat | Crustaceans |
7. MICROBIOLOGICAL REQUIREMENTS. Fishery and aquaculture products and by-products must comply with the following maximum permitted microbiological counts.
7.1. Fresh and frozen fish:
| Microbiological Parameter | Maximum Permitted Limit |
|---|---|
| Total plate count | 5 x 10⁵ CFU/g |
| Escherichia coli count | 1 x 10² CFU/g |
| Total Coliforms count | 1 x 10³ CFU/g |
| Coagulase-positive Staphylococcus aureus count | 1 x 10³ CFU/g |
| Salmonella spp | Absence in 25 grams |
| Vibrio cholerae O1 | Absence in 25 grams |
7.2. Ready-to-eat fishery product:
| Microbiological Parameter | Maximum Permitted Limit |
|---|---|
| Salmonella spp | Absence in 25 grams |
| Listeria monocytogenes | Absence in 25 grams |
7.3. Raw frozen crustaceans:
| Microbiological Parameter | Maximum Permitted Limit |
|---|---|
| Total plate count | 5 x 10⁶ CFU/g |
| Escherichia coli count | 1 x 10² CFU/g |
| Total Coliforms count | 1 x 10³ CFU/g |
| Coagulase-positive Staphylococcus aureus count | 1 x 10³ CFU/g |
| Salmonella spp | Absence in 25 grams |
| Vibrio cholerae O1 | Absence in 25 grams |
7.4. Ready-to-eat crustaceans:
| Microbiological Parameter | Maximum Permitted Limit |
|---|---|
| Salmonella spp | Absence in 25 grams |
| E. coli | 10 CFU/g |
| Listeria monocytogenes | Absence in 25 grams |
7.5 Live or fresh bivalve mollusks:
| Microbiological Parameter | Maximum Permitted Limit |
|---|---|
| Salmonella spp | Absence in 25 grams |
| Vibrio parahaemolyticus | Absence in 25 grams |
7.6 Peeled and beheaded cooked crustacean and mollusk products:
| Microbiological Parameters | Maximum Permitted Limit |
|---|---|
| Coagulase-positive Staphylococcus | 1000 CFU/g |
| E. coli | 10 CFU/g |
| Listeria monocytogenes | Absence in 25 grams |
| Salmonella spp | Absence in 25 grams |
7.7. For canned preserves, commercial sterility shall be demonstrated.
8. DYES or COLORANTS for aquaculture only.
| Dye or Colorant | Maximum Permitted Limit |
|---|---|
| Malachite Green | The sum of both must not exceed 2 ppb |
| Leuco-malachite Green |
9. POTABLE WATER. The water used in fishery product processing plants, in addition to meeting the characteristics established in the Regulation for Drinking Water Quality, Executive Decree Nº 32327-S of February 10, 2005, must comply with supplementary microbiological tests according to the criteria set forth below:
| Microbiological Parameter | Maximum Permitted Limit |
|---|---|
| Clostridium perfringens (*) including spores | 0/100 ml |
| Enterococcus spp | 0/100 ml |
(*) This microbiological agent is only sampled for surface water.
10. ADDITIVES:
| Additive | Maximum Permitted Limit mg/kg |
|---|---|
| Bisulfite in raw crustaceans, expressed as SO₂ | 100 |
| Bisulfite in cooked crustaceans, expressed as SO₂ | 50 |
This additive must be mandatorily declared on the packaging.
Note: For the specific case of raw and cooked crustaceans, the Bisulfite limits indicated in this table are permitted; however, for the rest of the fishery and aquaculture products and by-products, those indicated in the GENERAL CODEX STANDARD FOR FOOD ADDITIVES, CODEX STAN 192-1995 and its revisions, are permitted.
11. METHODS OF ANALYSIS: The methods for verifying the parameters established by SENASA, published in 2008 DG--resolution Nº 002- La Gaceta Nº 94 of May 16, 2008, shall be used.
12. CONCORDANCES. This Decree concurs with the Directives of the Codex Alimentarius, the European Economic Community, and those of the Food and Drug Administration of the United States of America (FDA):
Directive 95/2/EC on food additives other than colours and sweeteners.
Directive 96/23/EC concerning measures to monitor certain substances and residues thereof in live animals and animal products.
Regulation (EC) Nº 2406/96 laying down common marketing standards for certain fishery products.
Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs.
Residues of some veterinary drugs in animals and foods FAO/WHO, FAO food and nutrition paper 41/16.
Regulation (EC) Nº 2073/2005 on microbiological criteria for foodstuffs.
Regulation (EC) Nº 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs.
Codex Alimentarius, Volume 3: Residues of veterinary drugs in foods.