PSA evaluate each applicant to determine the need for CoC certification using the criteria below:a. Certification is a requirement for all organisations that take legal ownership of certified products except in the following circumstances:
i. Organisations that only purchase, handle, and sell certified products in consumer ready tamper proof packaging (CRTPP).
A. PSA use the decision tree in Figure 1 to verify whether products are in CRTPP.
ii. Organisations that receive certified product in CRTPP and open the package only for the purpose of heating or placing on a plate before serving to a final consumer. Guidance 6.1.1.a Organisations are considered to be legal owners if they issue invoices related to the sale of certified products and collect payment for the sale of certified products, or are able to demonstrate their financial ownership of certified materials based on other documentation (such as internal transfer slips, contracts or deeds). Applicants that do not take ownership can choose to become certified if they wish, however, they would not be able to identify products as certified unless the legal owner of the products has CoC certification. Organisations that are trading or handling products from certified fisheries or farms but do not ever identify or sell these products as certified or with the certified claim will not require CoC certification.
Organisations that only purchase, handle, and sell certified products in consumer ready tamper proof packaging (CRTPP).
A. PSA use the decision tree in Figure 1 to verify whether products are in CRTPP
Organisations that do not need CoC certification according to 6.1.1.a.i could still be required to obtain certification if the CRTPP product is opened later in the supply chain. For example, a wholesaler only trading CRTPP product, and not opening the product before selling it on to final consumers, would not require CoC certification. However, if a restaurant buys CRTPP product from the wholesaler and opens the CRTPP product to prepare meals served in their restaurant which they would like to advertise as MSC or ASC certified, both the wholesaler and restaurant would require CoC certification. While organisations may not always know how their products are used later in the supply chain, if the client or CAB is aware that a product will be opened later in the chain, they should not treat the product as being CRTPP and advise the relevant organisations that CoC certification is required
Organisations that receive certified product in CRTPP and open the package only for the purpose of heating or placing on a plate before serving to a final consumer
This clause is only applicable to consumer serving businesses that have limited food preparation areas or kitchens, and receive individually-portioned MSC or ASC labelled CRTPP product which they may heat up before serving. These businesses do not alter the product form in any way and may not portion the product onto plates or into other items. They also do not apply the MSC ecolabel or ASC logo to the product, and, if menus are used, these are provided or verified by the certified supplier. There are two known examples in the MSC and ASC supply chains of this kind: 1. Airlines or trainlines receiving individually-portioned meals identified as certified from their CoC certified supplier. These meals are removed from the CRTPP packaging and heated prior to serving. The menu (provided or verified by their CoC certified supplier) displays the MSC ecolabel or ASC logo next to the certified menu item. 2. Café or petrol (gas) stations receiving individually-portioned, pre-packed, labelled CRTPP product from their CoC certified supplier. These products, such as sandwiches, are displayed to customers in CRTPP, but can be unwrapped, heated, and served at each customer’s request.
Entities that are identified by reference to or on a valid fishery or farm certificate.
Entities identified by reference to or on a fishery certificate could consist of agents, auctions, unloaders or others that handle certified fish in the proximity of the point of landing or first sale. The Public Certification Report for the fishery will clearly state that these entities are included in the fishery certificate and will list the specific entities, the eligibility criteria, or where to find this information. The Public Certification Report will also clearly state the point in the supply chain from which CoC is required (see the MSC Fisheries Certification Process 7.24.5-6). Any similar entities not specifically referenced in the fishery certificate will require CoC certification. In relation to ASC farms, entities relate only to the certified farm operations themselves. The audit report will name these and should also clearly state if CoC certification is required at this step.
Organisations receiving product prior to sale from the certified fishery’s client group or certified farm shall have CoC certification from the point defined in the fishery’s Public Certification Report or Farm Audit Report
In case the CoC applicant is the first buyer of certified product from certified fisheries or farms, the CAB can check the most recent fishery’s Public Certification Report or Farm Audit Report to determine the start of Chain of Custody. For example, this may be at transhipment from the fishery, transport from the farm, or at any other point of product handling prior to sale
Figure 1: Decision tree for consumer-ready tamper-proof packaging (CRTPP)