Merchant Shipping (Provisions, Catering and Ship’s Cooks) Regulations 2013
FA E R
N
AT F
TQUO U
BERMUDA
MERCHANT SHIPPING (PROVISIONS, CATERING AND SHIP’S COOKS)
REGULATIONS 2013
BR 106 / 2013
TABLE OF CONTENTS
Citation
Interpretation
Application
No charge to be made for food and water
Standards of supplies
Storage of food and maintenance of hygiene
Training of catering staff
Inspections of food and drinking water
Carriage of ship’s cooks
Training of ship’s cooks
Detention
Revocation
Commencement
The Minister responsible for Maritime Administration, in exercise of the power
conferred by sections 3, 59, and 93 of the Merchant Shipping Act 2002, makes the following
Regulations:
Citation
These Regulations may be cited as the Merchant Shipping (Provisions, Catering and
Ship’s Cooks) Regulations 2013.
Interpretation
In these Regulations—
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MERCHANT SHIPPING (PROVISIONS, CATERING AND SHIP’S COOKS)
REGULATIONS 2013
“commercial activity ”means any activity or employment of the vessel for which a
contract or charter party is in force and includes the carriage of any cargo or
persons for reward;
“Maritime Labour Convention” means the Maritime Labour Convention 2006,
adopted at the general conference of the International Labour Organization in
Geneva on 7 February 2006;
“pleasure vessel” means—
A vessel which, at the time it is being used, is—
in the case of a vessel wholly owned by an individual or individuals,
used only for the sport or pleasure of the owner or immediate family or
friends of the owner; or in the case of a vessel owned by a body
corporate, used only for sport or pleasure and on which the passengers
are employees or officers of the body corporate, or their immediate
family or friends; and
on a voyage or excursion which is one for which the owner does not
receive money for or in connection with operating the vessel or carrying
any person, other than as a contribution to the direct expenses of the
operation of the vessel incurred during the voyage or excursion, and no
payments are made by or on behalf of the users of the vessel other than
by the owner; or
any vessel wholly owned by or on behalf of a member’s club formed for
the purpose of sport or pleasure, which at the time it is being used, is
used only for the sport or pleasure of members of that club or their
immediate family; and for the use of which any charges levied are paid
into club funds for the general use of the club; and no payments are
made by or on behalf of users of the vessel other than by the owner;
and for the purposes of this definition, “immediate family” means in
relation to an individual, the husband or wife of the individual and a
relative of the individual or the individual’s husband or wife, and
“relative” means brother, sister, ancestor or lineal descendant.
Safe manning certificate means the certificate issued in accordance with
the Merchant Shipping (Manning of Ships) Regulations 2011.
“seafarer” in these Regulations means any person, including a master, who is
employed or engaged or works in any capacity on board a ship, on the business
of the ship and where there is doubt as to whether a person working or engaged
on a ship is a seafarer the Minister shall make a determination, and in doing
so, he shall be guided by the advice and guidance provided by the International
Labour Organization;
“shipowner” means the owner of the ship or another organization or person, such
as the manager, agent or bareboat charterer, who has assumed the
responsibility for the operation of the ship from the owner and who, on
assuming such responsibility, has agreed to take over the duties and
(a)
(i)
(ii)
(iii)
(b)
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MERCHANT SHIPPING (PROVISIONS, CATERING AND SHIP’S COOKS)
REGULATIONS 2013
responsibilities imposed on shipowners in accordance with the Maritime
Labour Convention, regardless of whether any other organisation or persons
fulfil certain of the duties or responsibilities on behalf of the shipowner.
Application
These Regulations apply to—
Bermuda ships wherever they may be other than—
fishing vessels;
vessels owned and operated by a Government Department or Agency
for non-commercial purposes; and
pleasure vessels; and
subject to regulation 10, these Regulations apply to other ships that are
not Bermuda ships when in a port other than—
fishing vessels;
pleasure vessels; and
warships, naval auxiliaries and other ships owned or operated by a
state and not engaged in commercial activity.
No charge to be made for food and water
In every ship to which these Regulations apply the seafarers shall be provided
with food and water in accordance with these Regulations and the seafarers shall not be
charged in any way for food and water during the course of their employment on board.
Notwithstanding the requirement in sub-paragraph (1) for food and water shall
be provided free of charge; in any ship in which there are restaurants that seafarers may
use, the shipowner shall be permitted to make a charge for the use of these restaurants
whenever a seafarer elects to use one in lieu of the facilities provided elsewhere in the ship
for seafarers.
Standards of supplies
The food and drinking water supplies provided on board every Bermuda ship
shall be suitable in respect of quantity, nutritional value, quality and variety having regard
to the duration and nature of the voyage, the number of seafarers employed in the ship and
to their religious requirements and cultural practices in so far as they pertain to food and
its preparation.
The shipowner shall not knowingly provide food and drinking water supplies
on board any Bermuda ship that contain anything known to cause, or likely to cause,
sickness or injury to health and shall make every endeavour to ensure that supplies are of
satisfactory quality. Except when it is impracticable to do so, food provisions should only
be sourced from reputable suppliers, and when fresh supplies are purchased locally they
should be purchased only by or under the direct supervision of the cook, or in the case of
ships operate by shipowners with qualified purchasing departments by those departments.
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(a)
(i)
(ii)
(iii)
(b)
(i)
(ii)
(iii)
4 (1)
(2)
5 (1)
(2)
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MERCHANT SHIPPING (PROVISIONS, CATERING AND SHIP’S COOKS)
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Storage of food and maintenance of hygiene
The arrangements for the maintenance of hygiene, the storage of food, the control
of fresh water supplies, and the preparation of food shall take into account any guidance
provided in a Bermuda Shipping Notice and in accordance with the Merchant Shipping
(Seafarer’s Accommodation) Regulations 2013.
Training of catering staff
Seafarers whose work involves the preparation or handling of food shall receive
training and instruction before or on joining the ship covering the—
necessity for personal hygiene and methods to ensure it;
practices to adopt in respect of maintaining hygienic conditions in the
workplace; and
safe practices in respect of food handling, display and storage.
The training and instruction required by paragraph (1) shall be recorded and
the records of training shall be available on board for at least as long as any seafarers who
have received the training continue to serve on board.
Inspections of food and drinking water
The master shall ensure that the quality of drinking water supplied to the
seafarers is regularly checked and that an inspection is carried out at intervals of not more
than one month of every—
store room and its contents;
refrigerated store and its contents;
galley and its equipment; and
other space used for the preparation or serving of food and the equipment
in that space.
On completion of any inspection required by paragraph (1) the master or the
person carrying out the inspection shall record the date of inspection and any particular in
which any of the areas inspected, the equipment in those areas, the cleanliness of the areas
and the hygiene practices in those areas, are deficient and shall indicate the action proposed
to rectify the deficiency, the status of previous recorded deficiencies and the time scale in
which any deficiency is to be rectified.
The records of inspection required by paragraph (2) shall be available for
inspection by any official authorised by the Minister.
On any occasion where the inspection in sub-paragraph (1) reveals a deficiency
which is likely to cause sickness or injury to health he shall take immediate steps to stop
the use of the area, or stores, or equipment in question until it can be restored to a safe and
hygienic condition and used without risk to seafarer’s health.
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7 (1)
(a)
(b)
(c)
(2)
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(a)
(b)
(c)
(d)
(2)
(3)
(4)
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MERCHANT SHIPPING (PROVISIONS, CATERING AND SHIP’S COOKS)
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Carriage of ship’s cooks
Every Bermuda ship to which these Regulations apply other than a ship that has
a safe manning certificate for fewer than 10 seafarers and is engaged on voyages of less than
twenty four hours where the seafarers on board have an opportunity to obtain meals ashore,
shall carry a qualified ship’s cook.
Training of ship’s cooks
Every cook that is required to be carried in a Bermuda ship shall—
be over 18 years of age; and
have attended a recognised training course covering at least—
practical cookery;
food and personal hygiene;
food storage;
stock control;
environmental protection; and
catering health and safety;
have a certificate attesting to the training specified in sub-paragraph (b);
and
have served at sea for not less than 2 years.
For the purposes of paragraph (1)(b) a recognised training course is—
a training course in Bermuda that is recognised by the Minister; or
a training course in another country that is a signatory to the Maritime
Labour Convention and which is recognised by the competent authority of
that country as meeting the requirements in sub-paragraph (1)(b).
The Minister may accept training for cooks that he considers to be equivalent
to the training specified in sub-paragraph (2) in the case of cooks who have trained in shore
based establishments.
In any ship which is not required to carry a ship’s cook by every person who is
involved in the operation of the ship’s galley or in the handling or preparation of food shall
be trained or instructed in the essential aspects of food hygiene and safety set out in
regulation 7.
On any occasion where due to exceptional circumstances a vessel that is
normally required to carry a cook who is trained in accordance with this regulation is
required to sail without a cook the Minister may grant a temporary dispensation for a
seafarer who is not trained in accordance with paragraph (1) to act as the ship’s cook to so
act for a maximum period of one month or until the next port where a replacement trained
cook can be engaged provided that the person to whom the dispensation is issued shall
have completed the training set out in regulation 7.
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10 (1)
(a)
(b)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(c)
(d)
(2)
(a)
(b)
(3)
(4)
(5)
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MERCHANT SHIPPING (PROVISIONS, CATERING AND SHIP’S COOKS)
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Ship’s cooks who do not have a certificate specified in paragraph 1(b) at the
commencement date of these Regulations but who have an existing ship’s cooks certificate
may continue to serve as a ship’s cook, and their existing certificate will continue to be
accepted for a period of 5 years after the entry into force of the Maritime Labour Convention.
Detention
Any person duly authorised by the Minister may inspect any ship to which
these Regulations apply when in a port in Bermuda and if he is satisfied that the provision
of food and water or the qualifications of ship’s cooks are not in accordance with the
requirements stated in the Declaration part 1 to the ship’s Maritime Labour Certificate, or
in the case of a ship which is not issued with a Maritime Labour Certificate, the
requirements in Regulation 3.2 of the Maritime Labour Convention, he may detain the ship
until the deficiency is rectified, but in the exercise of these powers he shall not detain or
delay the ship unreasonably.
Any authorised officer of the Maritime Administration who discovers that a
Bermuda ship does not comply with these Regulations may—
withdraw the vessel’s Maritime Labour Certificate until such time as the
deficiency is rectified; or
if the vessel is in a port outside Bermuda, inform the port state authorities
for that port of the deficiency.
Revocation
The following regulations are revoked—
Merchant Shipping (Certification of Ship’s Cooks) Regulations 1986; and
Merchant Shipping (Provisions and Water) Regulations 1990.
Commencement
These Regulations shall come into operation on the same date on which the
Merchant Shipping (ILO) Amendment Act 2012 comes into operation.
Made this 12th day of December 2013
Minister of Tourism Development and Transport
(6)
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(2)
(a)
(b)
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(a)
(b)
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