CERTIFIED SUSTAINABLE SEAFOOD Marine Stewardship Council Additional Chain of Custody requirements -- Normative (version 1.4) Date of release: 31 January 2014 This document is an extract from Annex BD of the Marine Stewardship Council (MSC) Certification version 1.4 and is provided for the distribution to any individual or organisation interested in MSC Chain of Custody Certification.
Extract from Annex BD of the MSC Certification v1.4. Date of issue: 31 January 2014 www.msc.org 2 Annex BD Additional Chain of Custody requirements - Normative (version 1.4) Introduction This document sets out requirements for certificate holders and applicants for MSC Chain of Custody certification. The cases in which each of these requirements applies are described in Table BD1. This Annex contains requirements for certificate holders that are additional to the MSC Chain of Custody (CoC) standard version 3. Table BD1: Summary of and to whom they apply Section Requirement Applies to BD1 Reporting change All certificate holders that undergo changes that affect their certification. BD2 BD3 Request for records of certified product in the event of a traceback carried out by the MSC Handling or selling under-mscassessment fish All certificate holders that receive a request from MSC as part of a traceback. All applicants and certificate holders handling or selling under-msc-assessment fish. BD4 Use of subcontractors All applicants and certificate holders that use subcontractors or perform contract processing. BD5 Use of non-certified ingredients All certificate holders using non-certified ingredients in MSC-labelled products. BD6 Group certification. All applicants and certificate holders for MSC group chain of custody certification. BD7 Product authentication testing All certificate holders. BD8 BD9 Provision of timely and accurate information for handling of nonconforming product All certificate holders. Certificate holders who identify or receive nonconforming product. BD1 for reporting change BD1.1 1.1.1 in this section apply to certificate holders in the event of a change to their circumstances. BD1.2 1.2.1 The certificate holder shall inform their certification body (CAB) of their intention to add a site to their certificate prior to using the new site. 1.2.2 Whenever the certificate holder seeks to extend its scope of certification or to add new suppliers or subcontractors, it shall communicate this change to the certification body (CAB) as per the requirements in Table BD2:
Extract from Annex BD of the MSC Certification v1.4. Date of issue: 31 January 2014 www.msc.org 3 Table BD2: for communicating change to CAB Changes to scope or other status for notifying CAB a. Add a new activity b. c. d. Add the first scope extension to handle ASC-products Add a new under MSC-assessment fishery Add a new subcontractor (except for subcontractors carrying out transport or storage only) Notify the CAB before the change occurs. The CAB must provide written approval of this change and may require an onsite or remote audit before approval. e. Add a new certified species f. Add a new certified supplier Notify the CAB within 10 days of receiving the first delivery of the new species or from the new supplier. Include the supplier s CoC code if adding a new supplier. ( g-h have been removed as per TAB 22) i. Add a new storage subcontractor Notify the CAB during surveillance and recertification audits. 1.2.3 Not used at this time. 1.2.4 The certificate holder shall report to the CAB any change in their contact person for MSC audits or any other relevant contact that they wish to appear on the MSC website. 1 1.2.5 If the certificate holder is a group that was certified as a Reduced Risk Group (RRG), as per section BB2.5, and the certificate holder no longer meets the eligibility requirements for RRGs in BB2.5.2-BB2.5.5, the certificate holder shall notify the CAB within 10 working days of this change in status. 1.2.6 If the certificate holder has been certified through a remote certification audit, as per section 17.3.5, and no longer meets the eligibility criteria for an remote certification in section 17.3.5.1 and 17.3.5.2, the certificate holder shall notify the CAB within 10 working days of this change in status. 2 BD2 Request for records of certified product in the event of a traceback or supply chain reconciliation carried out by the MSC BD2.1 2.1.1 in this section apply to all certificate holders that MSC requests to provide data to assist with a traceback exercise or supply chain reconciliation. 2.1.2 To provide greater assurance to all stakeholders, the MSC conducts tracebacks and supply chain reconciliation on a regular basis. 2.1.2.1 A traceback exercise traces MSC labelled products back to the certified 1 TAB 22, date of application 31 March 2014. 2 Derogation, TAB 21 For CoC assessments commencing before 14 March 2013, clauses BD1.2.5, and BD1.2. shall become effective by recertification
Extract from Annex BD of the MSC Certification v1.4. Date of issue: 31 January 2014 www.msc.org 4 BD2.2 fishery of origin by seeking supporting documentary evidence. 2.1.2.2 A supply chain reconciliation cross-references purchase and sales transactions of MSC certified products between suppliers and customers. 2.2.1 Certificate holders shall cooperate with the MSC to undertake tracebacks and supply chain reconciliations, including: 2.2.1.1 Submitting requested sales, purchase, and traceability records of certified material within seven calendar days of receiving the request, or in exceptional circumstances a shorter period as specified by the MSC. a. Financial details may be removed if so desired but records shall be otherwise unaltered. b. Records shall be submitted in English if so requested by the MSC. 2.2.1.2 Requesting an extension of time in writing to the MSC if the seven day period in BD2.2.1.1 above cannot be met. a. This shall include a justification for the requested extension. b. If the request for extension of time is not accepted, the original seven calendar day deadline shall be met. 2.2.2 Certificate holders shall include the requirements in BD2.2.1.1 above in contracts they have with subcontractors who may hold this data. 2.2.3 If the MSC requests are not met within required timeframes the MSC may request that action be taken by the CAB. 2.2.3.1 The CAB may raise a major non-conformance where timeframes for submitting traceback information or supply chain reconciliations are not met. BD3 for handling or selling under-msc-assessment fish BD3.1 3.1.1 Under-MSC-assessment fish is fish or fish products that are, or are derived from, any aquatic organisms harvested in a fishery under full assessment for certification and caught on or after the target eligibility date specified on the MSC-website for that fishery. 3.1.2 in this section apply to applicants and certificate holders that wish to include under-msc-assessment fish in their scope of certification. Handling or selling under-msc-assessment fish is only possible when the certification body responsible for the fishery assessment has defined the target eligibility date and when the applicant or certificate holder fulfils requirement BD3.2.1. 3.1.3 The target eligibility date is the date from which a product from a certified fishery may be permitted to bear the MSC Ecolabel. BD3.2 3.2.1 To be permitted to have under-msc-assessment fish included in their scope of certification, applicants and certificate holders shall either: 3.2.1.1 Take ownership of the fish before it is preserved, or 3.2.1.2 Be the first company that preserves the fish, or 3.2.1.3 Buy product directly from the first company that preserves the fish, or
Extract from Annex BD of the MSC Certification v1.4. Date of issue: 31 January 2014 www.msc.org 5 3.2.1.4 Be the first link in the chain of custody in which the fish is preserved by a company that is part of the unit of certification of the under-mscassessment fishery. 3.2.2 To be permitted to sell under-msc-assessment fish, the certificate holder shall be described in BD3.2.1.1 or BD3.2.1.2 and shall have a system to ensure that any product it sells as under-msc-assessment was caught on or after the target eligibility date as specified on the MSC website for that fishery. 3.2.3 Certificate holders described in BD3.2.1.3 and BD3.2.1.4 shall have a system to ensure that all references to its under-msc-assessment status are removed if the product is sold before the fishery is certified. 3.2.4 For each batch of under-msc-assessment fish purchased, the certificate holder shall maintain the following records and label the products with: 3.2.4.1 the name of the fishery, or name and MSC CoC certificate code of the supplier; 3.2.4.2 the date of capture, and; 3.2.4.3 sufficient other details to allow the tracing of those inputs back to their suppliers. 3.2.5 The certificate holder shall refer to under-msc-assessment status on invoices but not on products. 3.2.6 The certificate holder shall have a system to ensure that any product it eventually sells as MSC-certified was caught on or after the actual eligibility date as specified on the MSC website for that fishery. 3.2.7 The certificate holder may only sell under-msc-assessment fish as MSC-certified once it has been confirmed that the fishery has been listed as certified on the MSC website. BD4 for the use of subcontractors BD4.1 4.1.1 in this section apply to applicants and certificate holders that use subcontractors or provide services as contract processors handling certified seafood. 3 BD4.2 4.2.1 The certificate holder shall apply to their certification body prior to use of a new subcontractor. This requirement is not applicable to certificate holders subcontracting transport companies or cold storage facilities. 4.2.2 If an applicant or a certificate holder uses subcontractors (except transport companies) the applicant or certificate holder shall have a signed contract with all those subcontractors that require the subcontractor to: 4.2.2.1 Conform to all relevant requirements of the MSC CoC standard. 4.2.2.2 Allow the certification body and the MSC s accreditation body access to the subcontractor s site and to all relevant documentation. 4.2.2.3 Acknowledge that they will conform to all reasonable requests for information from their client (the applicant or certificate holder), the certification body and the MSC s accreditation body. 3 Derogation, TAB 22 For new CoC applicants, with audits commencing before 31 March 2014, and for existing CoC certificate holders, amendments to clause BD4.1.1 shall become effective by the first audit after 31 March 2014.
Extract from Annex BD of the MSC Certification v1.4. Date of issue: 31 January 2014 www.msc.org 6 4.2.2.4 Allow the certification body to undertake further audit if a subcontractor is not independently certified for MSC CoC. 4.2.3 The applicant or certificate holder shall: 4.2.3.1 Record the use of subcontractors, including their name and address, the nature and conditions of the contract and all relevant records of certified product associated with the subcontractor. 4.2.4 If the applicant or certificate holder subcontracts its processing activities to contract processors the applicant or certificate holder shall: 4.2.4.1 Inform the contract processor that it will be audited onsite by the applicant s or certificate holder s certification body prior to the use of the contract processor if the contract processor is not certified independently. (Clauses BD 4.2.4.2-4.2.4.5 have been removed as per TAB 22) 4.2.4.6 Keep updated records for all batches of certified seafood handled by contract processors, including: a. Volumes and product details sent to contract processors b. Volumes and product details received from contract processors c. Dates of dispatch and receipt d. Consignment or financial documents 4.2.4.7 Be able to conduct a reconciliation of the total volumes of certified raw material inputs and finished product outputs for a designated batch, or group of batches, as requested by the certification body. 4.2.5 If transport companies are used, the transport company shall: 4.2.5.1 Not knowingly ship or receive product transported on vessels listed on RMFO blacklists. 4.2.5.2 Transport product in sealed containers if practicable. 4.2.6 If the applicant or certificate holder provides contract processing services of certified seafood, the applicant or certificate holder shall: 4.2.6.1 Record all certificate holders for whom contract processing of certified products has been provided since the previous audit, including: a. Company name and CoC code b. A copy of the signed contract with the certificate holder, as per BD4.2.2 4.2.6.2 Keep updated records of all contract processing services provided for certified seafood, including: a. Volumes and product details received from clients b. Volumes and product details sent back to clients after processing c. Dates of processing d. Consignment or financial documents 4.2.6.3 Be able to conduct a reconciliation of the total volumes of certified raw material inputs and finished product outputs for a designated batch, or group of batches, as requested by the certification body. 4 4 Derogation, TAB 22 For new CoC applicants, with audits commencing before 31 March 2014, and for existing CoC certificate holders, amendments to section BD4.2 shall become effective by the first audit after 31 March 2015.
Extract from Annex BD of the MSC Certification v1.4. Date of issue: 31 January 2014 www.msc.org 7 BD5 for using non-certified seafood ingredients BD5.1 5.1.1 in this section apply to certificate holders that wish to use not MSC certified ingredients in an MSC ecolabelled product. BD5.2 5.2.1 The certificate holder shall apply to MSCI (ecolabel@msc.org) if it wishes to use non-certified seafood ingredients on a product bearing the MSC ecolabel. 5.2.2 The not MSC certified seafood ingredients shall not exceed 5% of the total seafood ingredients in the final product. 5.2.3 The percentage of not MSC certified seafood ingredients in a product carrying the MSC ecolabel shall be calculated by: a. Dividing the total net weight (excluding water and added salt) of not MSC certified seafood ingredients by the total weight (excluding water and added salt) of the combined certified and not MSC certified seafood ingredients in the finished product; or b. Dividing the fluid volume of all not MSC certified seafood ingredients (excluding water and added salt) by the fluid volume of the combined certified not MSC certified seafood ingredients in the finished product (excluding water and added salt) if the product and ingredients are liquid. If the liquid product is identified as being reconstituted from concentrates, the calculation should be made based on single-strength concentrations of the ingredients and finished product; c. For products containing not MSC certified seafood ingredients in both solid and liquid form, dividing the combined weight of the not MSC certified seafood solid ingredients and the weight of the liquid ingredients (excluding water and added salt) by the total weight (excluding water and added salt) of the combined certified and not MSC certified seafood in the finished product; d. The percentage of all not MSC certified seafood ingredients shall be rounded up to the nearest whole number; e. The percentage shall be determined by the organisation who affixes the MSC ecolabel on the consumer package. The organisation may use information provided by other suppliers in determining the percentage. BD6 Group requirements BD6.1 6.1.1 in this section apply to all applicants and certificate holders that apply or are certified against the MSC group chain of custody certification requirements. BD6.2 6.2.1 Applicants and certificate holders that seek or hold certification for MSC s group chain of custody certification shall conform to the requirements in Annex BC Checklist for Group Chain of Custody - Normative.
Extract from Annex BD of the MSC Certification v1.4. Date of issue: 31 January 2014 www.msc.org 8 BD7 Product authentication testing BD7.1 7.1.1 in this section apply to certificate holders in supply chains where MSC has selected to carry out product authenticity testing of seafood products. BD7.2 7.2.1 Certificate holders shall allow the certification body or representative from the accreditation body (ASI) to collect samples of MSC-certified products from their site for the purposes of product authenticity testing. 7.2.2 Where a product authenticity test identifies the product as a different species or as originating from a different catch area than as identified, the certificate holder shall: a. Investigate the potential source of the issue. b. Present the certification body with findings from this investigation and where they find non-conformities a corrective action plan to address these. c. Cooperate with further sampling and investigation. BD8 Provision of timely and accurate information BD8.1 8.1.1 in this section relate to certificate holders where the MSC, certification body, or MSC s accreditation body request information to verify conformity with the CoC standard. BD8.2 8.2.1 Where the certification body or MSC s accreditation body sets a time limit for supplying specific information during an audit, the CoC certificate holder shall supply the information within this time period. Failure to provide information within the specified timeframe can result in a major non-conformity or suspension of the certificate. 8.2.2 Where information or records provided by the certificate holder during audits or other requests as outlined in BD2 are not consistent with information provided at a different point in time, the certification body shall issue a non-conformity against the certificate holder s management system. 8.2.3 The certificate holder shall sign-off the accuracy of specific sections of the audit report, including: 8.2.3.1 The schedule of MSC suppliers 8.2.3.2 Any statements made by the certificate holder indicating that the certificate holder is not handling any MSC-certified products at the time of the audit 8.2.3.3 Where collected, the complete list of the certificate holder s purchases of MSC-certified products or the list of MSC-certified batches processed since the previous audit
Extract from Annex BD of the MSC Certification v1.4. Date of issue: 31 January 2014 www.msc.org 9 BD9 for handling of non-conforming products 5 BD9.1 9.1.1 in this section relate to certificate holders that have handled, purchased, or sold any products identified as MSC-certified but which cannot be proven to come from a certified source (non-conforming product). BD9.2 9.1.1.1 This includes certificate holders that have been notified by a supplier of receiving non-conforming product. 9.2.1 The certificate holder shall have an implemented process for non-conforming product which shall include the following: 9.2.1.1 Notify the certification body within 2 working days of non-conforming product being identified. 9.2.1.2 Immediately cease to sell any non-conforming products in stock as MSC certified, until its certified status has been verified in writing by the certification body. 9.2.1.3 Cooperate with the certification body to provide all documentation and information necessary to verify the origin of the non-conforming product. 9.2.1.4 Identify the cause of the issue and implement measures to prevent its re-occurrence if necessary. 9.2.1.5 For any non-conforming product which cannot be verified as coming from a certified source, re-label or repack this product to ensure it is not sold with the MSC-certified claim or ecolabel. 9.2.1.6 If non-conforming products have already been sold or shipped as certified, notify all impacted customers within 4 working days of the identification of the non-conforming product. a. The communication shall include the circumstances of the non-conforming product and all details of the affected products and batch(es). b. Maintain records of these notifications. END OF ANNEX BD 5 Derogation, TAB 22 For new CoC applicants, with audits commencing before 31 March 2014, and for existing CoC certificate holders, clauses under section BD9 shall become effective by 31 March 2014.