T.C.
TARIM ve KÖYİŞLERİ BAKANLIĞI
Koruma ve Kontrol Genel Müdürlüğü
Regulation On Wholesale And Retail Fish Markets 
Authorization Law 1380, 3288
The Official Gazette 19.06.2002-24790
Amendement and O.G Publishing Date 14.07.2004-25522
PART ONE Objective, Scope, Basis and Definitions
Objective
Article 1- This regulation was prepared with the purpose of providing fish and fishery products to the consumers, in conformity with hygiene, quality and standards, within the free competition conditions, in a fast and reliable manner.
Scope
Article 2- This law: the matters concerning the control and inspection procedures and principles in relation to minimum general, technical, hygienic, physical and infrastructure conditions to be conformed in the wholesale fish markets established or to be established by the municipalities and/or real and juristic persons and establishment, operation, management and the working, retails of the fish and fishery products and the conditions to be acquired by the workers in these places.
Legal Basis
Article 3- This regulation has been prepared on the basis of Articles 23 and 26 of the Law on Fishery Products, No 1380, amended by the Law, 3288.
Definitions
Article 4- The definitions of the terms in this regulation are given as follows:
a. Ministry: Ministry of Agriculture and Rural Affairs
b. Provincial and Districts Directorates: Provincial and Districts Directorates of the Ministry of Agriculture and Rural Affairs
c. Fishery Products: Fish, sponges, molluscs, crustaceans, mammals, reptiles and their products naturally grown or cultured in the sea, inland waters, artificial pools, dams, ponds and farms,
d. Wholesale Fish Markets: Places, founded by the municipalities and/or real and juristic persons, in conformity with this Regulation and its project, where auction, wholesale, storage, quality, hygiene and health control and distribution of fish and fishery products are carried out and having a capacity of 10 tons/day or more.
e. Wholesale Fish Market center: Locations where controlled wholesale of the fishery products are carried out in conformity with the conditions in this Regulation and the capacity of which are 10 tons/day or more, in the towns where the Wholesale Fish Marketplace are not present
f. Wholesale Fish Marketplace: Wholesale Fish Markets and Wholesale Fish Market Centers which are defined in this Regulation.
g. Retail Saling Places: Shops, commercial centers, street markets with the purpose of fish sale, complying with the conditions 26 and 27 of this Regulation, on the condition that the fish and fishery products are presented for the consumption of the people directly.
h. Operator: Municipalities, real or juristic persons responsible and authorized for the execution and application of the related provisions situated in this Regulation on the Wholesale Fish Markets and Wholesale Fish Market Centers.
i. Arbitration Board: It is the board entitled to and responsible for raising proposals on the implementation of the relevant articles of this Regulation and the settlement of disputes in terms of producers of fishery products, their supreme organizations, brokers, fisher tradesman and administrators in the fisheries market halls.
j. Managing Director: Manager responsible for the administrative operation of the Wholesale Fish Markets and Wholesale Fish Market Centers together with the operator.
k. Responsible Manager: Persons who work in the technical, hygienic and health matters in the scope of this Regulation, graduated from faculties of fishery products, food or veterinary medicine with a minimum education period of four years and concerning departments of these faculties.
l. Controller: Competent authority of the Ministry appointed to control the conformity of the fish and fishery products Wholesale and Retail Fish Markets with Law on Fisheries No. 1380, Regulation on Fisheries and this Regulation.
m. Supervisor: Completed the in-service training of the Ministry of Health, to be appointed for the inspection of the retail fish markets, a supervisor having at least a bachelor’s degree in foods, nourishment, pharmacy, chemistry, biology, veterinary medicine or in medicine and a assistant supervisor having at least a high school degree in foods
n. Fishery products procurers: Real persons like captains, skipper, fisherman or sailor and juristic persons, the partners or employees and fish and fishery products procurers, fishing in seas and inland waters for commercial purpose.
o. Commissioner: Real and juristic persons, working upon commission account in the name of himself/herself and his/her procurer or client for the purpose of wholesale and storage of the fish and fishery products in the Wholesale Fish Markets and Wholesale Fish Market Centers, and space allocations on themselves have been performed for this purpose.
p. Fisherman Artisans: They are the natural or legal persons with permission or a license who directly offer to the public consumption the products they have bought from the fish market hall or the wholesale center for the purpose of retail sale.
r. Auction sale zone: Locations open to common use for the purpose of the wholesale of the products brought to the Wholesale Fish Markets or Wholesale Fish Market Centers by the fishery product procurers.
s. Wholesale: Kind of sale of the fish and fishery products in auction zones realized by open auction or bargaining
t. Retail Selling: Sale realized by the fishery product procurers or fisherman artisans to be presented directly to the consumers.
u. Taxes: The amount paid to the municipality provided that it does not exceed 3% of the daily sales amount of the fishery products put into sale in Wholesale Fish Markets or Wholesale Fish Market Centers.
v. Cold Storage Unit: Cold media where technical and hygienic conditions providing storage of the present interior temperatures of the fish and fishery products between 0 ° C and +4 ° C with the purpose of maintenance of their freshness.
y. Processing and Packaging Unit: Excluding the locations where the fish and fishery products are exhibited and wholesale or retail of them to the consumers are carried out, the units where fish and fishery products are handled in alive, fresh-cooled or frozen forms and necessary processes for this purpose, including packaging are performed, aiming at domestic and foreign market.
z. Health Security Band: Prohibited areas for inhabitancy in the circumference of the Wholesale Fish Market, supplied considering the possible harmful impacts to public health and environment or the harmful influences of the environment to the employees.
PART TWO Wholesale of the Fish and Fishery Products
Wholesale
Article 5- It is obligatory that the wholesale and purchase of fishery products within the provincial borders and contiguous areas are carried out in the fishery products market hall or fishery products wholesale center. Except for the sales from boat to boat or directly to fisheries industry in order for exportation or supply to domestic consumption after being processed, fishery products cannot be sold on wholesale basis in places other than fishery products market halls or wholesale centers.
Retail sales are not permitted in fishery products market halls or wholesale centers under no circumstances. Retail sales can only be made in places constructed for this purpose completely independent of auction sites.
The provisions of this article shall not apply to the fishery products which are subject of exportation. In case the products purchased for this purpose are not actually exported, the provisions of this article shall be applied to such products as well.
Unless there exists a wholesale point within the provincial borders and contiguous areas in which aquaculture or fishery products are landed from marine of inland waters, the wholesale of the said products to retailers shall be carried out with a certificate of origin or a sales note.
PART THREE Establishment and Working Permissions of Wholesale Fish Market
Characteristics of the Establishment Places
Article 6-Specific conditions required for the establishment of the Wholesale Fish Market are the followings:
a. Wholesale Fish Market, before all else, is founded in areas specified in the development plan and appropriated with this purpose. In case there is no development plan or no reserved area for Wholesale Fish Market exists, taking the affirmative sights of the Ministry, it is founded in the areas the infrastructure for both the sellers and the purchaser is found convenient by the municipalities.
b. Wholesale Fish Market can not be founded nearby the residences, business centers, facilities producing hazardous materials and likely places. Health security band established for this purpose is protected by the Directorate of Public Works.
c. In case development plans concerning the fishing shelters are realized and an area for this purpose is reserved, Wholesale Fish Market are founded in these specified areas.
d. Wholesale Fish Market is preferably founded within the banks of sea or lake.
Establishment Permission
Article 7- Wholesale Fish Market is founded by the municipalities and real or juristic persons. Anyone willing to found a Wholesale Fish Market has to apply to the concerned Governorship presenting the following documents.
a. 1/1000 scaled plan approved by the municipality or if the establishment place is within of the borders of the municipality or by the Governorship if the establishment place is outside of the borders of the municipality and its contiguous areas.
b. In case no development plan exists, plan indicating the health security band borders formed in conformity with the provisions of the Unhealthy Enterprises Regulation and approved by the Ministry of Health.
c. 2 copies of Architectural Drawing containing all technical and social units concerning the Wholesale Fish Market.
d. Water usage certificate of the place where the facility shall be founded, taken from the related municipality, in places where no city water distribution network exist, potable and process water supply projects, a network plan indicating all the water pipeline system, water tanks and all water outlets aimed at the capacity and usage of water and reports showing the physical, bacteriological and chemical results of the water samples taken at proper fashion by an official authority. In case water is supplied from deep wells, well water usage certificate to be taken from the State Hydraulic Works.
e. Within the framework of the Law of Environment, No 2872 and the Environmental Impact Assessment Regulation, decision expressing that the environmental impacts are insignificant or an affirmative environmental impact assessment report.
f. In cases where no sewerage system exists, cesspool detail project prepared in conformity with the provisions of “Regulation Concerning the Pits to be opened in places where construction of sewer lines is not possible”, project and commentary report on how the sewage will be disposed after the cesspool, its project in case infiltration is to be applied, project and commentary report on the collection and disposal of the process water and rainwater.
g. Report defining the total product quantity to be processed in 24 hours in the Wholesale Fish Market and capacities of the units, machines and equipment situated in the Wholesale Fish Market.
h. Product Flow Plan
i. Discharge of Connection Permission Certificate
j. Additional information and documents in case required by the Ministry besides these documents.
These information and documents are examined by the Provincial Directorate, with the participation of the Provincial Health Directorate, arranging an examination conclusion report, above mentioned information and documents are sent to the Ministry by the Provincial Directorate. In the consequence of the inspection carried out in the Ministry, in case of lack and defect, these are had completed. Approved ones in the consequence of the investigation, are given the Wholesale Fish Market Establishment Permission. Establishment permission is valid for two years and in case it is not founded within this period, additional 1 year period may be given by the Ministry, in case of approval. Establishment permission or duration extension is reported to the Provincial Directorate by the Ministry.
Working Permission
Article 8- Municipalities, real or juristic persons having Establishment Permission Certificate, are to apply to the Governorship with the Establishment Permission Certificate and the following documents in order to take Working Permission.
a. Notary public approved working contracts made with the managing director and the manager responsible for the quality of the fish and fishery products.
b. Document expressing that an Arbitration Board has been held envisaged in this Regulation.
c. In case 50 or more workers are employed continuously, notary public approved contract of doctor and assistant health personnel
d. Administration Certificate taken as Per Article 74 of Labor Law, No 1475
e. Document taken from the Fire Department stating that necessary precautions have been taken for conflagration and explosions.
f. Hazard Analysis and Critical Control Point Plan.
g. Water, ice analysis reports and water plan indicating the conformity with the standards specified by the Ministry.
h. Additional information and documents in case required by the Ministry besides these documents.
These information and documents are examined by the Provincial Directorate, with the participation of the Provincial Health Directorate and together with an examination conclusion report, are sent to the Ministry by the Provincial Directorate. Necessary investigation from the points of view of the minimum physical, infrastructure conditions and other matters in the Wholesale Fish Market, situated in this Regulation is carried out by the Ministry. In the consequence of the examination of the documents and in situ investigations held by the authorities, in case of lack and defect, these are had completed, approved ones are given the Working Certificate.
PART FOUR Infrastructure, Physical, Technical and Hygienic Conditions of the Wholesale Fish Market
Necessary Units to be Situated in the Wholesale Fish Market and their Properties
Article 9- Minimum units to be situated in the Wholesale Fish Market and their properties are given as follows:
a. Product Acceptance Zone
There should be product acceptance unit or units having a discharge ramp of sufficient capacity, appropriate for the requirement and into which controlled entrance into the auction zone is possible, completely constructed as a closed place, in order for the necessary technical, health, hygiene and game prohibition controls and related records are taken in the first entrance of the products into the Wholesale Fish Market.
b. Cold Storage Room Prior to Auction
Storage rooms where the incoming products are waited prior to sale or organoleptic examination and where ice addition to these products may be applied, having cooling capacity between 0 ° C and +4 ° C should be situated in the Wholesale Fish Market.
c. Auction Zone
There should be auction zone or zones, all utility areas of which are designed to prevent returns and collisions, having a volume to provide maximum facility to whether the authorities managing the sale, or the seller or the buyer, in particular during the sale, in accordance with the daily fish and fishery product entrance capacity, in the Wholesale Fish Market.
d. Offices
There should be offices given to the usage of the fish and fishery product procurers, high level establishments of these like commissioners, for whom allocations have been realized in this Regulation, in order to meet their services.
e. Administrative Unit
There should be places reserved for the usage of the operators and the administrative personnel in order for them to execute the administrative services in relation to the management and operation of the Wholesale Fish Market.
f. Arbitration Board Office
A place supported with the office services should be reserved to the Arbitration Board in order for them to hold meetings, to work, to take decisions.
g. Inspection and Control Unit
Offices of adequate number and magnitude provided with necessary equipment, in order for the authorities and controllers supervising and controlling the infrastructure, technical and hygienic conditions of the Wholesale Fish Market, quality and standards of the products, the management and operation of the market.
h. Social Units
There should be areas in the Wholesale Fish Market allocated in order to meet social needs such as restaurants, local headquarters, WC, restroom, bathroom, dressing room of which the personnel in charge and the sellers and buyers shall get benefit.
i. Processing and Packaging Unit
There should be an processing and packaging unit in which the processes of removal of the interior organs, disinfecting, washing and packaging in relation to the products and where packaging packing materials are stored, in the Wholesale Fish Market. In case no processing or packaging are to be carried out in the Wholesale Fish Market, this situation is expressed in the application so that it is considered as such.
j. Cold Storage Units
There should exist cold storage units ensuring storage of the fish and fishery products after processing and packaging and while not in sales, having convenient technical and hygienic conditions. The physical dimensions of this unit should conform to the amount of the products stored and this unit should have appropriate cooling system in accordance with the form of the products.
This unit should have a no-slip floor, on which movement is realized without difficulty, the cleaning and disinfecting of which is easily carried out, on which water is drained in a fairly easy way or equipped with the apparatus for the discharge of water.
Temperature indicators should be placed in the cold storage rooms in position where they are to be easily legible. Indicators should be placed in a far most position to the positions of system and equipment ensuring cooling. Temperature records should continuously be monitored and kept ready for control when required. In case frozen products are to be stored in these rooms, a system generating continuous records should be established.
k. Ice Production Unit
It should be an ice production unit in the Wholesale Fish Market ensuring the production and distribution of ice made up of water or seawater, in conformity with the criteria specified by the Ministry, in convenient capacity, since ice of 1/3 proportion of the unit product weight is to be utilized in cold storage of the fish and fishery products.
In cases when ice is to be supplied from outside, ice should be provided from the ice production locations approved by the Ministry.
l. Retail Sales Unit
In case retail sales are to be carried out in the Wholesale Fish Market, a unit bearing the technical and hygienic conditions envisaged in Article 26 of this Regulation, in order to present the fish and fishery products directly to the consumer, independent of the auction zone where the wholesales are realized.
m. Packaging Materials Room
It should be a place where the materials utilized for the packing, packaging and carriage of the products are preserved under hygienic conditions.
n. Device and Equipment Washing and Disinfecting Section
A separate area having hot/cold water connection for cleaning and disinfecting the equipment such as devices, materials, apparatus in contact with the product and in relation to the section where cleaning materials, disinfectants are stored; should exist in the Wholesale Fish Market.
o. Refining Unit
A system ensuring the elimination, evacuation and disposal of wastes and residues in a way not to harm environment and public health should have been established.
p. Parking Lot
A parking lot of sufficient space in order for the vehicles utilized in the transportation of the fish and fishery products and other private vehicles to park and to execute their functions.
Fishery product transporting vehicles can not be placed desultorily in the vicinity of the Wholesale Fish Market.
r. Auxiliary Units
In case required, the following auxiliary units should also exist in the Wholesale Fish Marketplace.
- Laboratory
- Communication Center
- Meeting and training Center
- Repair and Maintenance Workshop
- Bank Branch Office
- Security Unit
- Health Center
Minimum Physical and Infrastructure Conditions
Article 10- Minimum physical and infrastructure conditions to be met in the Wholesale Fish Market in order for the issue of Working Certificate are given as follows:
a) Landscaping should have been carried out.
b) Its vicinity should be surrounded by a wall or a shelter of height not less than 1.5 meters. These structures are not required nearby the sea area or ship unloading docks.
c) It should be constructed as an area closed and acquire a proper ventilation system
d) In the consequences of the investigations carried out by the Ministry, in case of being considered not in conformity with the required conditions and not given the Working Certificate, it should be in a structural form allowing shutting procedure.
e) Disposal, elimination and evacuation of the wastes and residues formed in a way not to harm the environment and public health, complying with the hygienic conditions should be ensured.
f) If shocking and freezing storage units exist, a system generating continuous temperature records concerning these units should be placed.
g) It should have an illumination system equivalent to daylight, proper to the working conditions.
h) Full union of the ceiling, walls and floor should be established. Ceiling part should be closed and covered by a smooth surface preventing leakage, rainwater is to be discharged through a closed system.
i) Walls should be water resistant, smooth, capable of being easily cleaned and disinfected.
j) Floor should not absorb water, it should be impermeable and have a formation having the quality of being easily washed, cleaned and disinfected and a water discharge network equipped with a setup ensuring proper discharge of waste water.
k) Door and window frames should be resistant, made up of non-corrosive material, all of the outer windows should be covered by a wire fence in order to prevent the entrance of flies, insects and gnats.
l) Product entrance and exit doors should be separate by all means, and adequate units of loading and unloading proper to necessity.
m) There should be shower, WC, restrooms not opening out directly into the auction zone, assessment, packaging, cold storage and ice manufacturing units reserved for working personnel. Dressing wardrobes with two divisions Per working personnel should be allocated in the restrooms.
n) It should possess a sanitary system equipped with sufficient siphons and wash basins, faucets that are not manual should be utilized in the wash basins and these wash basins should be equipped with paper towels for sole usage and necessary cleaning and disinfecting materials.
o) Protective mechanisms against insects and animals such as bugs, gnats, birds, the existence of which are undesired or which are not allowed to be kept, and planned struggle programs concerning these should be available and applied.
p) Warning notes and signs such as smoking, spitting on ground, eating and drinking is forbidden, should be placed in visible positions, and in a legible and clear way. Visual and written warnings for orienting working personnel and indicating educative technical and hygienic provisions.
r) A system providing potable water and clean seawater of adequate quantity, in conformity with the standards specified by the Ministry.
s) Carrying vehicles that can be kept closed, tagged with special marks, water resistant, non-corrosive, having quantity of being can easily cleaned and disinfected, in order for the garbage, wastes and fishery products not appropriate for consumption to be kept in; should be available. In case garbage and wastes can not be taken away in the end of the working day, availability of a cold room in order to store them is obligatory.
t) Plastic and Styrofoam storage containers having sufficient quantity and proper quality for the fishery products to be sold or exhibited should be utilized. In accordance the characteristics of the product, containers made up of other materials may be utilized provided that they are to be used for once. Storage containers should be exhibited upon convenient platforms/tracks made up of plastic and non-corrosive material, that can easily be cleaned and disinfected.
Minimum Technical and Hygienic Conditions
Article 11- Minimum technical and hygienic conditions to be conformed to during working in the Wholesale Fish Market having the Working Permission are given as follows:
a) Wholesale Fish Market should be utilized in order for the sale, storage, assessment and packaging if necessary.
b) In no case the operations of beheading, removal of interior organs, cleaning, washing, ice crushing in any place of the section in relation to sales, or in auction zone or in or in front of the offices should be carried out. These kind of operations should be realized in sections reserved for these operations in the Wholesale Fish Market.
c) Wooden case or materials made up of wood should not be utilized in the places, devices or equipment in contact with the products, in the Wholesale Fish Market. In accordance the characteristics of the product, containers made up of other materials may be utilized provided that they are to be used for once.
d) In each container the products are preserved, solely one sort of product should be kept.
e) Inner and outer surfaces of the plastic cases should be cleaned and disinfected with proper process water after each sale and prior to each usage.
f) In cases where the products are preserved as alive, portable stock mechanisms ensuring the best vital conditions should be nourished with clean water in conformity with proper process water criteria, which is not calm and having a fluid system. Appropriate discharge of this system should be available.
g) Movement or activity of the vehicles influencing the quality of the fish and fishery products by the exhaust gases extricated from them should not be allowed.
h) Cleaning of the Wholesale Fish Market before and after work should be carried out towards the cleaning plan regularly, by the proper materials and records concerning these should be kept.
i) All of the personnel in charge in the Wholesale Fish Market, including the ones for whom rooms are allocated, should wear smock and boot, and should carry the identification card issued by the operator in which information defining himself/herself.
j) Entrances and exits should be kept under control except for the ones in charge in the Wholesale Fish Market; these people, prior to their entrance should be taken in provided that they wear the boot, smock and galosh supplied by the operator.
k) Prior to acceptance for working, health report for all of the workers and employees stating that they are capable of working in the fishery product facilities received from an official authority. Periodical health controls, on the other hand, should be realized every 3 months, showing porter inspection and lung reports, and recorded onto the health card
l) Transport vehicles should be equipped appropriately to preserve the optimal temperature for the form of the product, have a heat-insulated and closed container body, and permit the drainage and storage of the fluid resulting from fish blood and melting of ice. The products that are carried by open-top road vehicles and have the risk of contamination shall not be let in the market hall.
m) Product unloading operations should be carried out urgently and transported to a protected media with temperature convenient to the product characteristics.
n) Unloading equipment should made up of materials that can easily be cleaned and disinfected and be protected under proper conditions.
o) All devices and equipment utilized should be convenient for health and be made up of material capable of being easily cleaned and disinfected, smooth, non-corrosive, not having a potential of contamination; and should always be kept clean. All of the materials, devices and equipment should be resistant to heat, vapor, acid, alkali and salt.
p) Packaging material made up of material approved by the Ministry should be utilized in the packaging of the fish and fishery products.
PART FIVE Conditions related to Place Assignment in the Wholesale Fish Market
Place Assignment
Article 12- In the Wholesale Fish Market managed by the municipalities, bureaus or offices aiming at product sale are assigned drawing lots by the Municipality Council with respect to the priority and percentage order as follows;
30 %, assigned for fishery products central unions, fishery products cooperative unions and fishery products cooperatives,
20 %, assigned for fishery products procurers, associations, foundations and commercial enterprises of these,
50 %, assigned for fishery products commissioners, exporters, importers, fishermen and other real and juristic persons
Unions and cooperatives can enjoy their rights of allocation in the name of their legal entity or through their affiliated members.
These provisions are also applied in the Wholesale Fish Market rented to real and juristic persons built and operated by the Municipalities.
In case partial or complete assignment in the categories defined above is not possible, assignment is realized in accordance with the percentage weights of the other categories.
Principles and methods related to place assignment and matters concerning the documents required from the ones demanding place assignment is to be announced by the operator ,being once in a local newspaper for at least three times. Notifications are also hanged in visible places within the Wholesale Fish Market.
Place assignment applications is made by means of high level union affiliated by the members of the fishery products cooperatives unions and central unions. In case central or high level union, applications are performed directly.
Applications, provided that they are not contrary to the matters defined in this Regulation, are examined and evaluated within the framework of the principles and methods to be defined by the Municipality Council. Place is allocated for the ones the applications of whom have been found acceptable. In case the assigned places are not received within 15 days, place assignment is canceled.
An amount to be defined by the Municipality Assembly, considering the criteria and matters suggested by the Arbitration Board, is collected in the place assignment.
Operations such as Usage, transfer and partnering of the assigned places, provided that they are not contrary to the provisions of this Regulation, by means of the suggestions of the Arbitration Board, are specified by the Municipality Assembly. Assigned places, provided that the provisions valid for the unions and cooperatives are kept concealed, can not be transferred, rented or used with another purpose, without the knowledge and permission of the operator, by the assigned persons or establishments.
Place assignment certificates of the ones not capable of reaching the envisaged sales endorsement for two successive years is canceled, taking the approval of the Arbitration Board by the Municipality Council.
Place assigned ones can not make any changes within or outside the assigned places or keep them closed without the approval of the operator.
Matters such as place assignments within the Wholesale Fish Market managed by the real and juristic persons except for the Municipalities, usage and cancellation of these are specified by the operator and applied following the approval of the Ministry.
Sale of the fish and fishery products belonging to the fishery products procurers affiliated to the fishery product unions and cooperatives is absolutely to be carried out in the places assigned for unions and affiliated cooperatives.
Place assignment certificates of the owners bringing and attempting to sell the fish and fishery products with game prohibition are canceled.
PART SIX Conditions Concerning the Movement of the Products within the Wholesale Fish Market
Product Entrance
Article 13- An entry certificate is required by the administrator from the persons who bring products to fishery products market halls indicating the commercial and scientific names of the product, the amounts, the regions in which they were caught and bred, minimum length if possible, the name of the vessel in which it was brought and caught, the owner of the vessel, the name of the fishing farm, the place and date on which it was loaded, arrival date and time, the license plate and features of the transport vehicle.
The entry of fishery products into the market hall shall only be made from the place that has been determined as entrance. The entry of products shall be subject to control by the administration officials in the product acceptance area in terms of such criteria as quantity, quality and health, and information with regard to these shall be registered. The entry of forbidden products, which are not allowed for catch and sale, shall not be permitted.”
Fishery products shall directly be taken to the auction area or cool storage unit and ice shall be added when necessary. Before the products are offered to wholesale, they shall be weighed by the administration official in the auction area under the supervision of the owner of the product. Fishery products shall be controlled by the administrator and Ministry auditors in terms of quality criteria, health and catch bans. The sale of the products which are deemed proper for consumption shall be allowed.
Fishery products with no entry certificates cannot be kept and sold at the auction area.
In case it is found out after the control that the fishery products are not appropriate for consumption, the necessary measures shall be taken by the administrator for withdrawing these products from the market and the provision of Article 32 shall be applied.
Wholesale Operation
Article 14- Fishery products brought to the Wholesale Fish Market are sold under inspection of the sale officers authorized by the operator within the auction zone, as alive, fresh-cooled, processed or frozen. In case the sale is not substantiated in auction manner, the products may be presented for bargaining with the permission of the entrepreneur.
During sale, good owner and buyer control is valid in weighing and counts. Sales are carried out on the basis of the measures such as unit, weight, case, box, basket in accordance with the sort of the fish and fishery products.
In the sale of fishery products without an owner or which have been seized, and which are forbidden to be caught, the relevant provisions of the Fisheries Law No 1380 shall apply. The administrator shall be responsible for the products without an owner, which are not owned or are abandoned. Cool storage units can be used to store the fishery products which are deposited with the trustee, upon such demand of the auditors, until the legal procedures are completed.
Trade Operations
Article 15- Buyers should be fisherman artisans. The operator except for the fisherman artisan may attend the auctions as buyer at his/her own, the persons, the buyer permission of whom is given by the enterprise under the inspection, control and organization of the operator with the same purpose, as well. Sales are monitored and controlled tightly by the enterprise. Operator is responsible for providing the sale of the fish and fishery products in the real market price and preventing the sales arranged by agreement and that are collusive as opposed either to the procurer or the enterprise.
Fishery products shall be offered for sale according to their order of entry into the market hall. The brokers who are given a place in the market hall shall buy and sell products from and to each other under the supervision of the authorized auction official. However, the fishery product that has been bought cannot be sold for the second time within the market hall.
Except for the sale hours, fish and fishery products are absolutely necessarily to be kept in the cold storage units. Products can not be exhibited or kept cursorily.
Fish and fishery products not sold in the Wholesale Fish Market are desired to be taken back withdrawn by their owners, a service cost is paid to the operator. A service cost is paid, in the same way for the fish and fishery product to be put in the cold storage unit.
The operator is informed of the fish and fishery products not sold within the sale day and sent to the cold storage unit. Normal sale procedure is applied for the fish and fishery products taken off the cold storage unit.
If the fishery products which have been sold by wholesale in the market hall are to be offered to sale within the borders of the province where the market hall is located, an invoice in three copies shall be prepared by the broker, the first copy of which shall be given to the purchasers and the second of which to the administrator. It is not permitted for the fishery products without an invoice to be taken out of the market hall. If the fishery products which have been sold by wholesale in the market hall are to be offered to sale out of the borders of the province where the market hall is located, they shall be permitted to be taken out of the market hall after shipping bills are arranged by the broker. The shipping bills shall be invoiced by the sellers within the legal period and the copy of the invoice shall be submitted to the administrator for collection of duties. It is obligatory that the species and amount of the products are clearly indicated in the invoice and shipping bill.
The fishery products that have been purchased must be taken out of the market hall by the purchasers within the shortest time possible as determined by the administration. Should it be avoided, the subject product shall be sold once more to new purchasers for a price set by the administration. If no purchaser is found, then the product shall be granted to a hospital or a charitable society by the administrator upon a written statement and Report of Consumability to be prepared.
Sales operations are carried out within the start and end hours specified by the operator with respect to the characteristics of the environs. Confiscated fishery products the game of which is prohibited may be sold out of these hours. Duty officers keep on the operations during off days.
Exit and Transfer of Product
Article 16- The products shall be exited from the market hall through the previously defined points. The necessary controls shall be carried out by the administrator while the products are taken out of the market hall. In case of any doubts, the weighing and/or counting procedures shall be repeated. The exits of products shall be recorded by the administrator. The accuracy of the information in the entry certificate shall be checked and a shipping document shall be prepared with regard to the product that has been sold and is to be transported. Shipping documents shall include such information indicating the commercial and scientific names of all species, the regions in which they were caught and bred, the size or weight, class and presentation, freshness of the products which have been sold, the amount of sale and price per kilogram of all species, the places where the products exiting the market hall are taken to, full name or company name of the seller and the purchaser, place and date of the sale, reference to the entry certificate, the name, owner, license plate of the vessel in which they were caught and the date of catch, the country from which they are imported, the importer, the name of the farming facility, the license plate and features of the vehicle making the transport.
Health certificate is required in Wholesale Fish Market to Wholesale Fish Market mass transfer of the fish and fishery products.
Fish and fishery products, first sale of which has been realized, are kept under convenient temperature in accordance with the characteristics of the products during periods of store and transport.
In no case can fish and fishery products be stored or transported among other products that may cause contamination or influence their hygiene.
The vehicles used in the transport of fishery products should have cooling installations, be equipped in a way to preserve the optimal temperature for the form of the product, and have a heat-insulated and closed container body or a frigorific feature. If ice is used for cooling of products, there should be a drainage system that prevents the fluid that results from the melting ice, from having contact with the products. In case additional ice is being carried by the same vehicle, ice should be kept in closed hygienic enclosures and the water that results from the melting ice should be prevented from reaching the product. The inner surfaces of transport vehicles should be manufactured in such a way not to have an adverse effect on the fishery products and it should be easily cleaned and disinfected.
Fishery products cannot be transported from the wholesale fish market places to the retail places as open at the top.
PART SEVEN Establishment and Working Permissions of Wholesale Fish Market Centers and Product Sale
Characteristics of Establishment Places
Article 17- Minimum conditions required in the establishment of the Wholesale Fish Market Centers are as follows:
a. Wholesale Fish Market Center, before all else, is founded in areas specified in the development plan and appropriated with this purpose. In case there is no development plan or no reserved area for Wholesale Fish Market Center exists, taking the affirmative sights of the Ministry, it is founded in the areas the infrastructure for both the sellers and the purchaser is found convenient by the municipalities.
b. In case development plans concerning the fishing shelters are realized and an area for this purpose is reserved, Wholesale Fish Market Center are founded in these specified areas.
c. Wholesale Fish Market Center is preferably founded within the banks of sea or lake.
Establishment Permission
Article 18- Wholesale Fish Market Center is founded by the municipalities and real or juristic persons. Anyone willing to found a Wholesale Fish Market Center has to apply to the concerned Governorship presenting the following documents.
a. Scaled plan approved by the municipality or if the establishment place is within of the borders of the municipality and its contiguous areas or by the Governorship if the establishment place is outside of the borders of the municipality and its contiguous areas.
b. 2 copies of Architectural Drawing containing all technical and social units concerning the Wholesale Fish Market Center
c. The report indicating the total amount of products to be handled within 24 hours in the fishery products wholesale center, and the capacities of the units, machinery and equipment in the wholesale center.
d. In cases where no sewerage system exists, cesspool detail project prepared in conformity with the provisions of “Regulation Concerning the Pits to be opened in places where construction of sewer lines is not possible”, project and commentary report on how the sewage will be disposed after the cesspool, its project in case infiltration is to be applied, project and commentary report on the collection and disposal of the process water and rainwater.
e. Additional information and documents in case required by the Ministry besides these documents, if necessary.
These information and documents are examined by the Provincial Directorate, with the participation of the Provincial Health Directorate. Approved ones are given the Wholesale Fish Market Center Establishment Permission. Establishment permission is valid for two years. Additional 1 year period may be given by the Ministry, in case of approval.
Working Permission
Article 19- Anyone wishing to take Working Permission are to apply to the Provincial Directorate with the Establishment Permission Certificate and the following documents.
a. Water, ice analysis reports and water plan indicating the conformity with the standards specified by the Ministry.
b. Product Flow Plan
c. In case 50 or more workers are employed continuously, notary public approved contract of doctor and assistant health personnel
d. Notary public approved working contracts made with the managing director and the manager responsible for the quality of the fishery products.
e. Administration Certificate taken as Per Article 74 of Labor Law, No 1475
f. Document taken from the Fire Department stating that necessary precautions have been taken for conflagration and explosions.
g. Additional information and documents, if necessary, besides these documents.
Above identified documents are examined by the Provincial Directorate, with the participation of the Provincial Health Directorate from the points of view of the minimum physical, infrastructure conditions and other matters in the Wholesale Fish Market Center, situated in this Regulation and in case found acceptable, Working Certificates are issued by the Governorships.
Necessary Units to be Situated and Their Properties
Article 20- Minimum units to be situated in the Wholesale Fish Market Center and their properties are given as follows:
a) Product Acceptance Zone
There should be product acceptance unit in which necessary controls and records are performed in the first entrance of the products, having sufficient capacity, constructed as a completely closed room in the Wholesale Fish Market Center.
b) Auction Zone
There should be auction zone, all utility areas of which are designed to prevent returns and collisions, having a volume to provide maximum facility to whether the authorities managing the sale, or the seller or the buyer, in accordance with the daily fish and fishery product entrance capacity, in the Wholesale Fish Market Center.
c) Administrative Unit
There should be a unit in which bureaus reserved for the usage of the operators, the administrative personnel and Arbitration ;Board in order for them to execute the administrative services.
d) Inspection and Control Unit
There should be a unit provided with necessary equipment, in order for the authorities and controllers realizing supervising and controlling services in the Wholesale Fish Market Center.
e) Social Units
There should be areas in the Wholesale Fish Market Center allocated in order to meet social needs such as restaurants, local headquarters, WC, restroom, bathroom, dressing room of which the personnel in charge and the sellers and buyers shall get benefit.
f) Ice production or Protection Unit
There should be an ice production unit in the Wholesale Fish Market Center ensuring the production and protection of ice made up of water or seawater, in conformity with the criteria specified by the Ministry, in convenient capacity.
In cases when ice is to be supplied from outside, ice should be provided from the ice production locations approved by the Ministry.
g) Retail Sales Unit
Fixed retail sales units satisfying the conditions defined in Article 26 of this Regulation, in order to present the fish and fishery products directly to the consumer may be formed
h) Packaging Materials Room
There should be a place where the materials utilized for the packing, packaging and carriage of the products are preserved under hygienic conditions.
i) Auxiliary Units
In case required, the following auxiliary units should also exist in the Wholesale Fish Market Center.
Minimum Physical and Infrastructure Conditions
Article 21- Minimum physical and infrastructure conditions to be met in the Wholesale Fish Market Center in order for the issue of Working Certificate are given as follows:
a) Landscaping should have been carried out.
b) Its vicinity should be surrounded by a wall or a shelter of height not less than 1.5 meters. These structures are not required nearby the sea area or ship unloading docks.
c) It should be constructed as an area closed and acquire a proper ventilation system
d) Disposal, elimination and evacuation of the wastes and residues formed in a way not to harm the environment and public health, complying with the hygienic conditions should be ensured.
e) Full union of the ceiling, walls and floor should be established. Ceiling part should be closed and covered by a smooth surface preventing leakage, rainwater is to be discharged through a closed system.
f) Walls should be water resistant, smooth, capable of being easily cleaned and disinfected.
g) Floor should not absorb water, it should be impermeable and have a formation having the quality of being easily washed, cleaned and disinfected and a water discharge network equipped with a setup ensuring proper discharge of waste water.
h) Door and window frames should be resistant, made up of non-corrosive material, all of the outer windows should be covered by a wire fence in order to prevent the entrance of flies, insects and gnats.
i) There should be shower, WC, restrooms not opening out directly into the auction zone, assessment, packaging, cold storage and ice generation units reserved for working personnel. Dressing wardrobes with two divisions Per working personnel should be allocated in the restrooms.
j) It should possess a sanitary system equipped with sufficient siphons and wash basins, faucets that are not manual should be utilized in the wash basins and these wash basins should be equipped with paper towels for sole usage and necessary cleaning and disinfecting materials.
k) Protective mechanisms against insects and animals such as bugs, gnats, birds, the existence of which are undesired or which are not allowed to be kept, and planned struggle programs concerning these should be available and applied.
l) Visual and written warnings for orienting working personnel and indicating educative technical and hygienic provisions.
m) A system providing potable water and clean seawater of adequate quantity, in conformity with the standards specified by the Ministry.
n) Carrying vehicles that can be kept closed, tagged with special marks, water resistant, non-corrosive, having quantity of being can easily cleaned and disinfected, in order for the garbage, wastes and fishery products not appropriate for consumption to be kept in; should be available. In case garbage and wastes can not be taken away in the end of the working day, availability of a cold room in order to store them is obligatory.
o) Plastic and Styrofoam storage containers having sufficient quantity and proper quality for the fish and fishery products to be sold or exhibited should be utilized. In accordance the characteristics of the product, containers made up of other materials may be utilized provided that they are to be used for once. Storage containers should be exhibited upon convenient platforms/tracks made up of plastic and non-corrosive material, that can easily be cleaned and disinfected.
p) In the consequences of the investigations carried out by the Ministry, in case of being considered not in conformity with the required conditions and not given the Working Certificate, it should be in a structural form allowing shutting procedure.
Minimum Technical and Hygienic Conditions
Article 22- Minimum technical and hygienic conditions to be conformed to during working in the Wholesale Fish Market Center having the Working Permission are given as follows:
a) Wholesale Fish Market Center should be utilized in order for the sale, storage, assessment and packaging if necessary.
b) In no case the operations of beheading, removal of interior organs, cleaning, washing, ice crushing in any place of the section in relation to sales, or in auction zone or in or in front of the offices should be carried out. These kind of operations should be realized in sections reserved for these operations in the Wholesale Fish Market Center.
c) Wooden case or materials made up of wood should not be utilized in the places, devices or equipment in contact with the products, in the Wholesale Fish Market Center. In accordance the characteristics of the product, containers made up of other materials may be utilized provided that they are to be used for once.
d) In each container the products are preserved, solely one sort of product should be kept.
e) Inner and outer surfaces of the plastic cases should be cleaned and disinfected with proper process water after each sale and prior to each usage.
f) In cases where the products are preserved as alive, portable stock mechanisms ensuring the best vital conditions should be nourished with clean water in conformity with proper process water criteria, which is not calm and having a fluid system. Appropriate discharge of this system should be available.
g) Movement or activity of the vehicles influencing the quality of the fish and fishery products by the exhaust gases extricated from them should not be allowed.
h) Cleaning of the Wholesale Fish Market Center before and after work should be carried out towards the cleaning plan regularly, by the proper materials and records concerning these should be kept.
i) All of the personnel in charge in the Wholesale Fish Market Center, including the ones for whom rooms are allocated, should wear smock and boot, and should carry the identification card issued by the operator in which information defining himself/herself.
j) Entrances and exits should be kept under control except for the ones in charge in the Wholesale Fish Market Center; hygienic conditions should be required from these people, prior to their entrance.
k) Prior to acceptance for working, health report for all of the workers and employees stating that they are capable of working in the fishery product facilities received from an official authority. Periodical health controls, on the other hand, should be realized every 3 months, showing porter inspection and lung reports, and recorded onto the health card
l) The products carried by the vehicles open at the top and having any kind of contamination risk should not be allowed for entrance.
m) Product unloading operations should be carried out urgently and utilized material should made up of materials that can easily be cleaned and disinfected and be protected under proper conditions.
n) All devices and equipment utilized should be convenient for health and be made up of material capable of being easily cleaned and disinfected, smooth, non-corrosive, not having a potential of contamination; and should always be kept clean. All of the materials, devices and equipment should be resistant to heat, vapor, acid, alkali and salt.
o) Packaging material made up of material approved by the Ministry should be utilized in the packaging of the fish and fishery products.
Place Assignment
Article 23- In the Wholesale Fish Market Center managed by the municipalities, principles and methods concerning place assignment are specified by the Municipality Council. Nevertheless, in case of demand, 30 % place assignment of the Wholesale Fish Market Center for the Fishery products Central Unions, fishery products cooperative unions and fishery products cooperatives is obligatory.
Product Entrance, Sale and Exit
Article 24- The provisions of Articles 13 and 16 are applied in the entrance and exit, respectively, of the fishery products in the Fish Market Wholesale Center.
Sales of the fish and fishery products having entered into the Wholesale Fish Market Center are carried out by auction or by bargaining if necessary. This sale operation is performed by the management director of the Wholesale Fish Market Center or by the Municipality authority or a person authorized in case it is managed by the Municipality.
Sales are carried out on the basis of the measures such as unit, weight, case, box, basket in accordance with the sort of the fish and fishery products. Fish and fishery products are presented for sale with respect to their entrance order into the Wholesale Fish Market Center. During sale, good owner and buyer control is valid in weighing and counts.
Provisions related to Law on Fisheries No 1380 are applied in the sale of the fish and fishery products game of which are prohibited, confiscated or the owner of which is not definite.
Fish and fishery products cannot be sold during no-sale hours specified and notified by the operator. During no-sale hours, fish and fishery products are absolutely necessarily to be kept in the cold storage units.
Invoice and dispatch waybill of the sold product is issued at once by the commissioner and first copy of it is given to buyers. Fish and fishery products, invoice or waybill of which are not issued are not allowed to exit the Wholesale Fish Market Center.
Sold products are necessarily to be taken off the Wholesale Fish Market Center as soon as possible.
PART EIGHT
Retail Markets
Retail Sale
Article 25- Fishery products cannot directly be sold to consumers in places other than stationary retail sale points such as shopping centers, fish-selling shops and the non-stationary retail sale places established at certain times like open marketplaces.
Retail sale of the products cannot be made by the pedlar vehicles; excluding the vehicles with cooling installation and equipped in such a way to prevent the products from being affected by negative environmental conditions.
It is obligatory to have documents indicating that the transport and health conditions of products which are sold and offered for sale have been controlled in wholesale places, as well as the certificate of origin and the invoice from the wholesale place, in order to be submitted on request in retail sale places.
Technical and Hygienic Conditions of Retail Sale Stores
Article 26- Fixed retail sale markets should bear the following technical and hygienic conditions.
a.Walls should be water resistant, should be smooth, easy to clean and disinfect, and should always be kept clean. The ground should be water resistant, should be washable, should be made of such material that does not cause any crack or split and that allows for cleaning and disinfection, and it should have the adequate gradient and drainage in order for liquid wastes to flow.
b. Proper ventilation should be ensured in the sale places and these places should be illuminated in equivalent manner to daylight. Illumination should ensure not to change the real color of the product.
c. Toilets should be established in a way not to be directly opening to the places where products are offered for sale, displayed and packed, and there should be a lavatory, a hot/cold water non-touch tap, as well as liquid soap and disposable paper towel.
There should be provided a lavatory with a hot/cold water non-touch tap for cleaning and disinfection of hands, close to the working area, and liquid soap and disposable paper towel should be used in this area.
d. Cold storage rooms should exist in the retail sale markets unconditionally and the products should be kept in these rooms out of exhibition and sale periods.
e. There should be facilities established where the devices and equipment utilized can be cleaned and disinfected and these facilities should be disinfected by proper cleaning materials. Disinfecting materials should be stored in a closed and locked section as not to influence the products.
f. In retail sale places, the fresh products should be displayed and offered for sale on counters or in cabinets, both stainless and either closed or semi-closed, avoiding daylight, dust and wind, in a moist environment between 0OC and +4OC; and frozen and processed products should be displayed and offered for sale in an environment to provide the optimal temperature for the form of the product.
The front sides of the sale counters, facing the customers, in the front rows, on which only such species as anchovy, horse mackerel and pilchard with a high sales volume are sold, can have an open and close system for easy usage.
Sale and display of fresh fishery products within closed places protected from daylight, dust and wind shall be made either in cooled semi-closed cabinets between 0OC and +4OC or on stainless counters via ice-chilled technique.
The sales points should have the necessary protective equipment to limit the negative environmental conditions that may affect the quality of the product and the uncontrolled physical contacts.
g. In no case should wooden material be utilized for exhibition, packaging and similar purposes.
h. All devices and equipment utilized should be convenient for health and be made up of material capable of being easily cleaned and disinfected, smooth, non-corrosive, not having a potential of contamination.
i. Packaging material made up of material approved by the Ministry should be utilized in the packaging of the fish and fishery products.
j. In case the fish and fishery products are to be subject to operations of beheading and removal of interior organs, these operations should be carried out in a separate section under hygienic conditions and a workbench made up of non-corrosive and having ability of being disinfected material having a sanitary installation should be available. These workbenches should be connected with the floor drainage/discharge channels ensuring closed conduit system discharge of liquid wastes. The products should be washed with clean potable water, just after these kinds of operations. Inner organs and parts harmful for human health should be separated from the products presented for human consumption and be kept in the garbage collection containers closed at the top, leak-proof, rust-proof, easily cleanable and should be taken away from the sale places daily. These containers should always be cleaned carefully, disinfected if necessary and should not constitute a source for risk of contamination.
k. With the purpose of maintaining the quality of the products, ice should be produced or provided in an adequate quantity and quality and should be stored in hygienic cases with covers. The water and ice used in the sales points should meet the potable water criteria.
l. Tables on which explanatory information and freshness criteria are defined, should be placed in positions where the buyers can see easily, in the retail sale stores.
m. There should be a label on the fishery products which are displayed or offered for sale, which includes the name and price of the product. There cannot be any deceiving or misleading information or statement on the labels
n. Working personnel should have a health report issued from an official authority. Periodical health controls of this personnel should be recorded onto health cards. Employer/manager is responsible for these applications.
o. All the working personnel should have worn convenient to general hygiene principles and should conform to personal hygiene provisions.
p. Insects, rodents and other detrimental should be eliminated systematically and proper equipment ensuring protection against these should be kept available in the sale places.
r. Except for aquarium livings, no animal probable to get in contact with the fishery product and human should not be kept in the sale places.
s. Applications to harm environment and human health should be avoided and necessary measures should be taken during working.
t. Disposal, elimination and evacuation of formed wastes and residues, in a way not to harm the environment and public health, complying with the hygienic conditions should be ensured.
u. First aid equipment should be kept available.
v. A technical personnel graduated from a bachelors degree from the related departments of the faculty of fishery products, food or veterinary medicine, should be employed in the sale places, annual retail sale amount of which is equal to 10 tons or more.
Sale of the fish and fishery products in mobile places
Article 27- The following conditions are required for places that are set in specific dates such as street markets.
a) The sale of fishery products in open marketplaces should be made in separate places protected from the environmental conditions and on smooth areas having water, electricity and lightening systems. The fresh fishery products to be sold should be offered for sale in such semi-closed cases that are cooled or ice-chilled and have a temperature between 0OC and +4OC. Frozen and processed products should be displayed and offered to sale in cooled cabinets that provides the optimal temperature for the form of the product.
b) In order to preserve the quality of the products, ice should be provided in adequate quantity and quality and stored in hygienic cases with covers. The water and ice used should meet the potable water criteria.
c) Cutting and cleaning operations such as beheading and removal of interior organs should not be realized.
d) In no case should wooden material be utilized for exhibition, packaging and similar purposes.
e) Packaging material made up of material approved by the Ministry should be utilized in the packaging of the fish and fishery products.
f) There should be a label on the fishery products which are displayed or offered for sale, which includes the name and price of the product. There cannot be any deceiving or misleading information or statement on the labels.
g) Fish and fishery product Sellers in the street markets should have worn convenient to general hygiene principles and Working personnel should have a health report issued from an official authority. Periodical health controls of this personnel should be realized every 3 months and recorded onto the health card
PART NINE Taxes, Guarantees and Fees
Taxes, Guarantees and Fees
Article 28 — The duties, securities and place allocation fees to be applied in fishery products market halls or wholesale centers run by the municipalities shall be applied as follows.
a) Duties: A duty at a rate determined by the Municipal Board, not being more than 3% of the daily total sale price of the fishery products offered for sale in the fishery products market hall or wholesale center shall be collected in return for a voucher. No charges and levies other than this can be collected under any name."
b) Securities: With the purpose of ensuring commercial trust and protecting the rights of the parties, cash, bank letters or government bonds shall be collected as a security from those for whom places are allocated in the fishery products market hall or wholesale center, at a rate determined by the Municipal Board. However, the recommendation of the Board of Arbitrators shall be taken into account in determining the security to be collected from those having a place allocation in the fishery products market hall. Procedures such as periods of security payment to the relevant pay offices, conditions of storage and returns shall be carried out in the framework of the principles to be stated by the Municipal Board. This security cannot be used for another purpose or attached.
c) Place Allocation Fee: Place allocation fees in fishery products market halls and wholesale centers shall be paid according to the tariff determined by the Municipal Board. The recommendation of the Board of Arbitrators shall be taken into account in determining the fees in fishery products market hall.
The provisions of this Article are not applied in case the Wholesale Fish Market and Wholesale Fish Market Center are managed by the real and juristic persons.
PART TEN Various Provisions
Arbitration Board
Article 29 — A Board of Arbitrators shall be established in the fishery products market hall, assigned to settle the possible administrative disputes with regard to the application of this Regulation through negotiation and to make recommendations to the administrator.
This Board of Arbitrators shall consist of 6 members in total, who are the manager or a member appointed by the manager, provincial Director of the Ministry of a member appointed by the same, a member chosen by and among the fishery products cooperatives, unions of cooperatives or central unions, a member to be chosen among producers of fishery products or their societies or their foundations or exporters, a member chosen by and among the brokers, and a member representing the consumer organization which has the majority of the members in that place determined by the Provincial Governor or the District Governor. There shall be 6 reserve members as well.
In case the above mentioned organizations do not exist in that place or cannot be chosen as member for another reason, the vacant memberships shall be filled by the staff of the fishery products market hall as appointed by the manager. If these institutions are later established in that place or the members are chosen which were not chosen beforehand due to the disagreements, the office of duty of the members appointed by the administrator shall be terminated.
The administrator is responsible for providing a suitable working place in the market hall for the Board of Arbitrators and together with the necessary equipment and fixtures.
The Board of Arbitrators shall execute the duties it is assigned by this Regulation. The decisions taken by the Board shall have the quality of recommendations and opinions. The relevant institutions or organizations or boards consider the decisions to be taken and the applications to be made. The duties, powers, working principles and procedures of the Board of Arbitrators shall be determined by the Ministry.
Approval and Cancellation of Wholesale Fish Marketplaces
Article 30- Acquiring establishment and working permission, an approval code is given together with the Working principle by the Ministry aiming at export, in the consequence of the evaluation to be carried out separately, in the condition that wholesale fish marketplaces are demanded provided that the conditions required within the framework of this Regulation are satisfied. Approval codes of the ones incongruous with the provisions of the regulation are taken to suspension and their activities are halted. Approval codes are cancelled, if necessary. The working permissions of the wholesale fish marketplaces, the approval codes of which have been cancelled are considered to be cancelled.
Wholesale fish market places possessing only working permissions but not approval codes and determined to be incongruous with provisions of this Regulation are acquainted with a period with the purpose of eradicating deficiencies determined. In the condition that the deficiencies have not been eradicated in the end of the period acquainted, their working permissions are cancelled.
Control and Inspection
Article 31- Control and inspection of wholesale fish marketplaces are carried out by the controllers of the Ministry. These controls are realized in the fisherman boats, trough or land transport vehicles, if necessary. Authorized personnel of the Municipality are assigned and authorized to control wholesale fish marketplaces together with the controllers of the Ministry within the duties assigned by the Law on Fisheries, No 1380.
Control enforcement in the Wholesale Fish Marketplaces, originating from the related laws of the Ministry of Health from the point of view of environment health are reserved.
The stationary retail sale points of fishery products shall be inspected by Ministry auditors, inspectors of the Ministry of Health or authorized personnel of the Municipality. With respect to non-stationary retail sale places of fishery products and the sales made by pedlars, inspections shall be carried out by the related Municipalities
The provisions of this Regulation shall be applied in controls and inspections. Samples shall be taken and analyzed or made analyzed when necessary with the purpose of control. No charge shall be collected for the samples. The related provisions of the Regulation on Fisheries based on the Fisheries Law no. 1380 shall apply to the controls of quality and health of fishery products. The administrator or the authorized person in the place which is controlled and inspected shall be liable to assist the personnel responsible for control and inspection and to provide them the required information and documents.
In the condition that the retail fish markets are determined to be contrary to the provisions of this Regulation in the consequence of the control and inspection, 15 days are attributed for the eradication of these deficiencies. In the end of this duration, transactions in accordance with the Law on Fisheries No. 1380, regarding the one not satisfying the required conditions.
In the consequence of the control and inspection, in the condition that the products are determined to be spoiled in a way to harm human health, Article 32 of this Regulation is applied.
Annihilation
Article 32- The fish and fishery products determined to be harmful to human health by the veterinary report are annihilated provided that all annihilation costs directed towards processes related to the products with the exception of the fish and fishery products, food products; transportation, loading, unloading, disinfecting are to be met by the operator. In case the operator is the Municipality, annihilation costs are collected from the commissioner/seller. A record concerning the annihilation process is issued.
PART ELEVEN
Final Provisions
Provisional Article 1- The wholesale and retail sale places of fishery products which had been established before this Regulation was effected are obliged to comply with the provisions of this Regulation until the date of 1/9/2006.
Provisional Article 2-Provisions of Articles 6 and 7 of this Regulation are not applied to the Wholesale Fish Marketplace belonging to the Municipalities, real or juristic persons established before this Regulation comes into force and still active.
Enforcement
Article 33- This Regulation shall be effected on the date of its publication to be valid as of 19/6/2004
Execution
Article 34- The provisions of this Regulation are executed by the Minister of Agriculture and Rural Affairs.