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These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Food and Catering) Regulations, 2014.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In these Regulations \u2014 \u201cauthorized person\u201d means a person authorized by the Chief Executive Officer to carry out inspections and audits for the purposes of these Regulations and includes any surveyor of ships appointed under section 419 of the Law; \u201ccatering department\u201d means the galley, mess rooms and any other areas on board intended or used for the storage or preparation of food for seafarers or the service of meals to seafarers; \u201ccatering staff\u201d means seafarers whose normal duties include the preparation and storage of food, the service of meals to seafarers on board the ship or other work in the galley or in areas where food is stored or handled; Regulation 3 Merchant Shipping (Maritime Labour Convention) (Food and Catering) Regulations, 2014 SL 42 of 2014 \u201cChief Executive Officer\u201d means the Chief Executive Officer of MACI appointed under section 9 of the Maritime Authority Law (2013 Revision); \u201cCISN 05\/2011\u201d means Shipping Notice CISN 05\/2011 published by MACI regarding Issue of Endorsements Attesting to the Recognition of a Certificate of Competency, as amended from time to time; \u201cCISN 07\/2014\u201d means Shipping Notice CISN 07\/2014 published by MACI regarding requirements and guidance for the provision of food and fresh water on ships, as amended from time to time; \u201cMaritime Labour Certificate\u201d and \u201cinterim Maritime Labour Certificate\u201d mean a Certificate issued in accordance with the Maritime Labour Convention; \u201cMaritime Labour Convention\u201d means the Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organization, as may be amended from time to time; \u201cqualified ship\u2019s cook\u201d means a person who has been issued with a valid ship\u2019s cook certificate which has not expired or been cancelled or suspended; \u201cseafarer\u201d means any person, including a master, who is employed or engages or works in any capacity on board a ship and whose normal place of work is on a ship; \u201cshipowner\u201d means \u2014 (a) in relation to a ship which has a valid Maritime Labour Certificate, the person identified as the shipowner on that Certificate; or (b) in relation to any other ship, the owner of the ship or, if different, any other organization or person such as the manager, or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the owner; and \u201cship\u2019s cook certificate\u201d means a certificate of competency which is recognized under regulation 9.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Application 3. (1) Subject to paragraph (3), these Regulations (other than regulations 13 to 15) apply to \u2014 (a) Cayman Islands ships, wherever they may be; and (b) while they are in Cayman Islands waters, to ships \u2014 (i) which are not Cayman Islands ships; and (ii) to which regulations 13 to 15 do not apply. (2) Regulations 13 to 15 apply to non-Cayman Islands ships, while they are within Cayman Islands waters if \u2014 Merchant Shipping (Maritime Labour Convention) (Food and Catering) Regulations, 2014 Regulation 4 SL 42 of 2014 (a) the Maritime Labour Convention is in force for the State whose flag the ship is entitled to fly; and (b) the ship carries \u2014 (i) a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or (ii) an interim Maritime Labour Certificate. (3) These Regulations do not apply to \u2014 (a) pleasure vessels; (b) fishing vessels; (c) warships or naval auxiliaries; or (d) offshore installations whilst on their working stations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Provision of food and drinking water 4. (1) It shall be the duty of the shipowner and master of every ship to ensure that there shall be provided on the ship, food and drinking water which \u2014 (a) are suitable in respect of quantity, nutritive value, quality and variety having regard to \u2014 (i) the number of seafarers on board and the character, nature and duration of the voyage; and (ii) the different religious requirements and cultural practices in relation to food of the seafarers on board; (b) do not contain anything which is likely to cause sickness or injury to health or which renders any food or water unpalatable; and (c) are otherwise fit for consumption. (2) The shipowner and master shall ensure that food and drinking water provided in accordance with paragraph (1) are provided free of charge to all seafarers whilst they are on board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Organization and equipment of the catering department 5. The shipowner and the master shall ensure that \u2014 (a) food and drinking water which are provided for seafarers are stored and handled; and (b) the catering department is organised and equipped, so as to permit the provision to seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions in accordance with the requirements set out in CISN 07\/2014. Regulation 6 Merchant Shipping (Maritime Labour Convention) (Food and Catering) Regulations, 2014 SL 42 of 2014\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Inspection of food and catering provision 6. (1) It shall be the duty of the master to ensure that the master, or a person authorized by the master, together with a member of the catering staff on the ship, inspects, not less than once a week \u2014 (a) the supplies of food and drinking water on board to check compliance with regulations 4 and 5; and (b) the catering department and its equipment to check compliance with regulation 5. (2) The master shall ensure results of any inspections required by paragraph (1) are recorded in the official log book of the ship.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Complaints about food or drinking water 7. (1) If three or more seafarers employed in a ship to which these Regulations apply consider that the food or drinking water provided for the seafarers employed in that ship are not in accordance with the requirements of these Regulations they may complain to the master, who shall investigate the complaint. (2) If the seafarers are dissatisfied with the action taken by the master as a result of the master\u2019s investigation or by the master\u2019s failure to take any action they may state their dissatisfaction to him and may claim to complain to a Shipping Master or proper officer and thereupon it shall be the duty of the master to make adequate arrangements to enable the seafarers to do so as soon as the service of the ship permits. (3) The shipping master or proper officer to whom a complaint has been made under this regulation shall investigate the complaint and may examine the food or drinking water or cause them to be examined. (4) Where the master has been notified in writing by the person making an examination under paragraph (3) that any food or drinking water is found not to be in accordance with the requirements of these Regulations, then \u2014 (a) it shall be the duty of the shipowner and the master to replace or replenish such food or drinking water within a reasonable time; and (b) except where the complaint relates solely to the quantity of the food or water, it shall be the duty of the master not to permit such food or water to be used.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Requirement to carry a qualified ship\u2019s cook 8. (1) Subject to paragraph (2), where a Cayman Islands ship ordinarily operates with ten or more seafarers on board, the shipowner and the master shall ensure that the ship shall carry a qualified ship\u2019s cook who is the holder of a ship\u2019s cook certificate that is recognized under regulation 9. Merchant Shipping (Maritime Labour Convention) (Food and Catering) Regulations, 2014 Regulation 9 SL 42 of 2014 (2) In circumstances of exceptional necessity the Chief Executive Officer may grant an exemption from paragraph (1) \u2014 (a) until the next port of call; or (b) for a period not exceeding one month, but only if there is a person on board the ship who is trained or instructed in areas including food and personal hygiene and handling and storage of food on board ships in accordance with the requirements set out in CISN 07\/2014. (3) The Chief Executive Officer may approve as respects a particular ship, or as respects ships of a particular description, requirements which, when taken together with the conditions and limitations to which the approval is subject, the Chief Executive Officer considers are substantially equivalent to the requirement in paragraph (1) to have a qualified ship\u2019s cook on board. (4) An exemption or approval by the Chief Executive Officer shall be given in writing, may be given subject to such conditions and limitations as the Chief Executive Officer may specify, and may be altered or cancelled.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Recognition of ship\u2019s cook certificates 9. (1) Subject to paragraph (2), a ship\u2019s cook certificate \u2014 (a) granted under the Merchant Shipping (Certification of Ships\u2019 Cooks) Regulations, 2004; (b) treated as equivalent under regulation 7 of those Regulations, or (c) deemed under regulation 8 of those Regulations to be issued pursuant to section 110 of the Law, which is in force on the date when these Regulations come into force has effect as if it is a ship\u2019s cook certificate recognized under paragraph (3) (2) A certificate to which paragraph (1) applies remains valid for a period of five years starting on the date when these Regulations come into force unless it is suspended or cancelled in accordance with section 125 of the Law. (3) A ship\u2019s cook certificate which has been issued to a person by an authority empowered to issue such certificates by the laws of any country or territory outside the Cayman Islands listed in Shipping Notice CISN 05\/2011 is for the purposes of these Regulations equivalent to a ship\u2019s cook certificate issued under these Regulations. (4) The Chief Executive Officer may approve a ship\u2019s cook certificate which has been issued to a person by an authority empowered to issue such certificates by the laws of any country or territory outside the Cayman Islands not listed in Shipping Notice CISN 05\/2011; and such certificates shall be equivalent to a ship\u2019s cook certificate issued under these Regulations. Regulation 10 Merchant Shipping (Maritime Labour Convention) (Food and Catering) Regulations, 2014 SL 42 of 2014\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Training requirements for catering staff and other persons processing food in the galley 10. The shipowner and the master of a ship shall ensure that each member of the catering staff is properly trained or instructed for that member\u2019s position and shall be trained or instructed in areas including food and personal hygiene as well as handling and storage of food on board ship, in accordance with the requirements set out in CISN 07\/2014.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Inspection of ships 11. (1) For the purpose of checking compliance with these Regulations, an authorized person may at all reasonable times go on board a ship and inspect the ship, its equipment, any article and any document carried on it. (2) Sections 421(2) and (4) of the Law apply in relation to paragraph (1) as if references in those subsections to \u201csubsection (1)\u201d were references to paragraph (1). (3) Sections 422 (1), (2), (3) and (5) to (8) and 423(1) and (2) of the Law apply in relation to the inspection of a ship for the purposes of checking compliance with these Regulations as they apply in relation to the inspection of a ship for the purposes of checking compliance with the Law, as if \u2014 (a) references in those sections to \u201cthis Law\u201d were to these Regulations; (b) for section 422(1)(b) there were substituted a reference to any ship to which this regulation applies; and (c) in section 422(2)(h)(iii) the words \u201cor any instrument made under it\u201d were omitted. (4) Sections 423 to 429 of the Law apply for the purposes of these Regulations as if the relevant statutory provisions included these Regulations\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Detention of ships 12. (1) Where an authorized person has clear grounds for believing that, in relation to a ship to which these Regulations apply \u2014 (a) the ship to is not in compliance with regulation 4 to 10; and (b) the non-compliance represents \u2014 (i) a significant danger to the safety, health or security of seafarers, or (ii) a serious breach or the latest in a series of repeated breaches of the requirements of regulations 4 to 10, the ship is liable to be detained. (2) The power under this regulation to detain a ship shall only be exercised if the ship in question is \u2014 Merchant Shipping (Maritime Labour Convention) (Food and Catering) Regulations, 2014 Regulation 13 SL 42 of 2014 (a) a Cayman Islands ship; or (b) a non-Cayman Islands ship without a Maritime Labour Certificate whilst in a Cayman Islands port or Cayman Islands waters. (3) Section 444 of the Law applies where a ship is liable to be or is detained under this regulation as if references to the detention of a ship under that Law were references to these Regulations. (4) Where a ship is liable to be detained under these Regulations an authorized person shall serve on the master of the ship or other person for the time being in charge of the ship a detention notice which states the grounds for detention and the requirements to be complied with in respect of the notice in order for the ship to be released from the detention. (5) Where a ship which is detained under these Regulations is not a Cayman Islands ship, the Chief Executive Officer shall immediately inform the Consul or a diplomatic representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State, of the detention and the grounds therefor. (6) Where a ship is detained under these Regulations, an authorized person shall release the ship in accordance with the applicable provisions of section 444 of the Law. (7) It is prohibited for a ship on which a detention notice has been served to proceed to sea or attempt to proceed to sea unless a release from the detention has been issued in writing by an authorized person. (8) Notwithstanding that a detained ship may be eligible for release where any applicable fine, cost and expenses have been paid by the master or owner of the ship, or a security paid, in accordance with section 444 of the Law the ship shall not be released until any deficiency for which the vessel was detained has been rectified to the satisfaction of the Chief Executive Officer. 13. Food and catering requirements for non-Cayman Islands ships with Maritime Labour Certificates 13. (1) The shipowner and the master of a ship to which this regulation applies shall ensure that the ship complies with the requirements of Regulation 3.2 and Standard A3.2 of the Maritime Labour Convention. (2) The shipowner of a ship to which this regulation applies and the master of such a ship shall comply with the requirements of Regulation 3.2.3 and Standard A3.2.3. (3) The master or a person acting under the master\u2019s authority shall \u2014 (a) carry out inspections of a ship to which this regulation applies in accordance with Standard A3.2.7 of the Maritime Labour Convention; and Regulation 14 Merchant Shipping (Maritime Labour Convention) (Food and Catering) Regulations, 2014 SL 42 of 2014 (b) record the findings of such inspections and keep them available for review.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Inspection of non-Cayman Islands ships with Maritime Labour Certificates 14. (1) An authorized person may \u2014 (a) review the ship\u2019s Maritime Labour Certificate and Declaration of Maritime Labour Compliance or the ship\u2019s interim Maritime Labour Certificate; and (b) where Standard A5.1.3 of the Maritime Labour Convention applies, carry out a more detailed inspection, in accordance with that Standard. (2) Where an authorized person has power to inspect a ship under this regulation, regulation 11 applies to that ship.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Detention of non- Cayman Islands ships with Maritime Labour Certificates 15. (1) Where an authorized person inspects a ship under regulation 14(1)(b) and has clear grounds for believing that \u2014 (a) the ship does not comply with the requirements of the Maritime Labour Convention; and (b) the non-compliance represents \u2014 (i) a significant danger to the safety, health or security of seafarers; or (ii) a serious breach or the latest in a series of repeated breaches of the requirements of the Maritime Labour Convention, the ship is liable to be detained. (2) An authorized person may permit a ship which is liable to be detained or is detained under this regulation to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available. (3) Where a ship is liable to be detained or is detained under this regulation, section 444 of the Law applies as if references to the detention of a ship under the Law were references to detention of the ship in question under this regulation. (4) Where a ship is detained under this regulation, the Chief Executive Officer shall immediately inform the Consul or a diplomatic representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State, of the detention and the grounds therefor. (5) Where a ship is detained under this regulation but the failure to comply referred to in paragraph (1) has ceased, a person having power to detain the ship shall, at the request of the shipowner or master, immediately release the ship. Merchant Shipping (Maritime Labour Convention) (Food and Catering) Regulations, 2014 Regulation 16 SL 42 of 2014\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Offences and penalties 16. (1) A contravention of regulation 4, 5, 8(1), 10, 13(1) or 13(2) by a shipowner or a master is an offence punishable \u2014 (a) on summary conviction by a fine of ten thousand dollars, notwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013 Revision); and (b) on conviction on indictment, by a fine of fifty thousand dollars. (2) A contravention of regulation 6(1) or (2) or 13(3)(a) or (b) is an offence by the master punishable on summary conviction by a fine of ten thousand dollars, notwithstanding sections 6(2) and 8 of the Criminal Procedure (3) Without prejudice to regulation 18, in any proceedings for an offence under this regulation it is a defence for the person charged to prove that all reasonable steps had been taken by that person to ensure compliance with the requirements of the provision in question.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Right of appeal and compensation 17. Regulations 12 and 13 of the Merchant Shipping (Port State Control) Regulations, 2003 shall have effect in relation to a detention notice served under these Regulations subject to the reference in those Regulations to inspector being taken to include a reference to a surveyor.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Defence 18. It is a defence for a person charged with an offence under these Regulations to show that the offence was committed without that person\u2019s knowledge or, where the person had such knowledge, that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. 19. Repeal 19. (1) The Merchant Shipping (Provisions and Water) (Cayman Islands) Regulations, 1989 are repealed. (2) The Merchant Shipping (Certification of Ships\u2019 Cooks) Regulations, 2004 are repealed. Regulation 19 Merchant Shipping (Maritime Labour Convention) (Food and Catering) Regulations, 2014 SL 42 of 2014 Made in Cabinet the 19th day of August, 2014. Meredith Hew Acting Clerk of the Cabinet.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2014_01_01\", \"date\": \"2014-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2014_01_01\", 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and Catering)\nRegulations, 2014\nArrangement of Regulations\n\nc\nSL 42 of 2014\nPage 3\n\nCAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (MARITIME LABOUR\nCONVENTION) (FOOD AND CATERING)\nREGULATIONS, 2014\n(SL 42 of 2014)\nArrangement of Regulations\nRegulation\nPage\n1.\nCitation ......................................................................................................................................5\n2.\nDefinitions ..................................................................................................................................5\n3.\nApplication .................................................................................................................................6\n4.\nProvision of food and drinking water ..........................................................................................7\n5.\nOrganization and equipment of the catering department ............................................................7\n6.\nInspection of food and catering provision ...................................................................................8\n7.\nComplaints about food or drinking water ....................................................................................8\n8.\nRequirement to carry a qualified ship\u2019s cook ..............................................................................8\n9.\nRecognition of ship\u2019s cook certificates .......................................................................................9\n10.\nTraining requirements for catering staff and other persons processing food in the galley ......... 10\n11.\nInspection of ships ................................................................................................................... 10\n12.\nDetention of ships .................................................................................................................... 10\n13.\nFood and catering requirements for non-Cayman Islands ships with Maritime Labour\nCertificates .............................................................................................................................. 11\n14.\nInspection of non-Cayman Islands ships with Maritime Labour Certificates .............................. 12\n15.\nDetention of non- Cayman Islands ships with Maritime Labour Certificates .............................. 12\n16.\nOffences and penalties ............................................................................................................ 13\n17.\nRight of appeal and compensation ........................................................................................... 13\n18.\nDefence ................................................................................................................................... 13\n19.\nRepeal ..................................................................................................................................... 13\n\nMerchant Shipping (Maritime Labour Convention) (Food and Catering)\nRegulations, 2014\nRegulation 1\n\nc\nSL 42 of 2014\nPage 5\n\nCAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (MARITIME LABOUR\nCONVENTION) (FOOD AND CATERING)\nREGULATIONS, 2014\n(SL 42 of 2014)\nThe Cabinet, in exercise of the powers conferred by sections 106, 110 and 463 of the\nMerchant Shipping Law (2011 Revision), makes the following Regulations \u2014\n1.\nCitation\n1.\nThese Regulations may be cited as the Merchant Shipping (Maritime Labour\nConvention) (Food and Catering) Regulations, 2014.\n2.\nDefinitions\n2.\nIn these Regulations \u2014\n\u201cauthorized person\u201d means a person authorized by the Chief Executive\nOfficer to carry out inspections and audits for the purposes of these\nRegulations and includes any surveyor of ships appointed under section 419 of\nthe Law;\n\u201ccatering department\u201d means the galley, mess rooms and any other areas on\nboard intended or used for the storage or preparation of food for seafarers or\nthe service of meals to seafarers;\n\u201ccatering staff\u201d means seafarers whose normal duties include the preparation\nand storage of food, the service of meals to seafarers on board the ship or other\nwork in the galley or in areas where food is stored or handled;\n\nRegulation 3\nMerchant Shipping (Maritime Labour Convention) (Food and Catering)\nRegulations, 2014\n\nPage 6\nSL 42 of 2014\nc\n\n\u201cChief Executive Officer\u201d means the Chief Executive Officer of MACI\nappointed under section 9 of the Maritime Authority Law (2013 Revision);\n\u201cCISN 05\/2011\u201d means Shipping Notice CISN 05\/2011 published by MACI\nregarding Issue of Endorsements Attesting to the Recognition of a Certificate\nof Competency, as amended from time to time;\n\u201cCISN 07\/2014\u201d means Shipping Notice CISN 07\/2014 published by MACI\nregarding requirements and guidance for the provision of food and fresh water\non ships, as amended from time to time;\n\u201cMaritime\nLabour\nCertificate\u201d\nand\n\u201cinterim\nMaritime\nLabour\nCertificate\u201d mean a Certificate issued in accordance with the Maritime\nLabour Convention;\n\u201cMaritime Labour Convention\u201d means the Convention adopted on 23rd\nFebruary 2006 by the General Conference of the International Labour\nOrganization, as may be amended from time to time;\n\u201cqualified ship\u2019s cook\u201d means a person who has been issued with a valid\nship\u2019s cook certificate which has not expired or been cancelled or suspended;\n\u201cseafarer\u201d means any person, including a master, who is employed or engages\nor works in any capacity on board a ship and whose normal place of work is\non a ship;\n\u201cshipowner\u201d means \u2014\n(a)\nin relation to a ship which has a valid Maritime Labour Certificate, the\nperson identified as the shipowner on that Certificate; or\n(b) in relation to any other ship, the owner of the ship or, if different, any\nother organization or person such as the manager, or the bareboat\ncharterer, that has assumed the responsibility for the operation of the ship\nfrom the owner; and\n\u201cship\u2019s cook certificate\u201d means a certificate of competency which is\nrecognized under regulation 9.\n3.\nApplication\n3.\n(1) Subject to paragraph (3), these Regulations (other than regulations 13\nto 15) apply to \u2014\n(a)\nCayman Islands ships, wherever they may be; and\n(b) while they are in Cayman Islands waters, to ships \u2014\n(i)\nwhich are not Cayman Islands ships; and\n(ii) to which regulations 13 to 15 do not apply.\n(2) Regulations 13 to 15 apply to non-Cayman Islands ships, while they are within\nCayman Islands waters if \u2014\n\nMerchant Shipping (Maritime Labour Convention) (Food and Catering)\nRegulations, 2014\nRegulation 4\n\nc\nSL 42 of 2014\nPage 7\n\n(a)\nthe Maritime Labour Convention is in force for the State whose flag the\nship is entitled to fly; and\n(b) the ship carries \u2014\n(i)\na Maritime Labour Certificate to which a Declaration of Maritime\nLabour Compliance is attached; or\n(ii) an interim Maritime Labour Certificate.\n(3) These Regulations do not apply to \u2014\n(a)\npleasure vessels;\n(b) fishing vessels;\n(c)\nwarships or naval auxiliaries; or\n(d) offshore installations whilst on their working stations.\n4.\nProvision of food and drinking water\n4.\n(1) It shall be the duty of the shipowner and master of every ship to ensure that\nthere shall be provided on the ship, food and drinking water which \u2014\n(a)\nare suitable in respect of quantity, nutritive value, quality and variety\nhaving regard to \u2014\n(i)\nthe number of seafarers on board and the character, nature and\nduration of the voyage; and\n(ii) the different religious requirements and cultural practices in relation\nto food of the seafarers on board;\n(b) do not contain anything which is likely to cause sickness or injury to\nhealth or which renders any food or water unpalatable; and\n(c)\nare otherwise fit for consumption.\n(2) The shipowner and master shall ensure that food and drinking water provided\nin accordance with paragraph (1) are provided free of charge to all seafarers\nwhilst they are on board.\n5.\nOrganization and equipment of the catering department\n5.\nThe shipowner and the master shall ensure that \u2014\n(a)\nfood and drinking water which are provided for seafarers are stored and\nhandled; and\n(b) the catering department is organised and equipped,\nso as to permit the provision to seafarers of adequate, varied and nutritious\nmeals prepared and served in hygienic conditions in accordance with the\nrequirements set out in CISN 07\/2014.\n\nRegulation 6\nMerchant Shipping (Maritime Labour Convention) (Food and Catering)\nRegulations, 2014\n\nPage 8\nSL 42 of 2014\nc\n\n6.\nInspection of food and catering provision\n6.\n(1) It shall be the duty of the master to ensure that the master, or a person\nauthorized by the master, together with a member of the catering staff on the\nship, inspects, not less than once a week \u2014\n(a)\nthe supplies of food and drinking water on board to check compliance\nwith regulations 4 and 5; and\n(b) the catering department and its equipment to check compliance with\nregulation 5.\n(2) The master shall ensure results of any inspections required by paragraph (1)\nare recorded in the official log book of the ship.\n7.\nComplaints about food or drinking water\n7.\n(1) If three or more seafarers employed in a ship to which these Regulations apply\nconsider that the food or drinking water provided for the seafarers employed in\nthat ship are not in accordance with the requirements of these Regulations they\nmay complain to the master, who shall investigate the complaint.\n(2) If the seafarers are dissatisfied with the action taken by the master as a result\nof the master\u2019s investigation or by the master\u2019s failure to take any action they\nmay state their dissatisfaction to him and may claim to complain to a Shipping\nMaster or proper officer and thereupon it shall be the duty of the master to\nmake adequate arrangements to enable the seafarers to do so as soon as the\nservice of the ship permits.\n(3) The shipping master or proper officer to whom a complaint has been made\nunder this regulation shall investigate the complaint and may examine the food\nor drinking water or cause them to be examined.\n(4) Where the master has been notified in writing by the person making an\nexamination under paragraph (3) that any food or drinking water is found not\nto be in accordance with the requirements of these Regulations, then \u2014\n(a)\nit shall be the duty of the shipowner and the master to replace or\nreplenish such food or drinking water within a reasonable time; and\n(b) except where the complaint relates solely to the quantity of the food or\nwater, it shall be the duty of the master not to permit such food or water\nto be used.\n8.\nRequirement to carry a qualified ship\u2019s cook\n8.\n(1) Subject to paragraph (2), where a Cayman Islands ship ordinarily operates\nwith ten or more seafarers on board, the shipowner and the master shall ensure\nthat the ship shall carry a qualified ship\u2019s cook who is the holder of a ship\u2019s\ncook certificate that is recognized under regulation 9.\n\nMerchant Shipping (Maritime Labour Convention) (Food and Catering)\nRegulations, 2014\nRegulation 9\n\nc\nSL 42 of 2014\nPage 9\n\n(2) In circumstances of exceptional necessity the Chief Executive Officer may\ngrant an exemption from paragraph (1) \u2014\n(a)\nuntil the next port of call; or\n(b) for a period not exceeding one month,\nbut only if there is a person on board the ship who is trained or instructed in\nareas including food and personal hygiene and handling and storage of food on\nboard ships in accordance with the requirements set out in CISN 07\/2014.\n(3) The Chief Executive Officer may approve as respects a particular ship, or as\nrespects ships of a particular description, requirements which, when taken\ntogether with the conditions and limitations to which the approval is subject,\nthe Chief Executive Officer considers are substantially equivalent to the\nrequirement in paragraph (1) to have a qualified ship\u2019s cook on board.\n(4) An exemption or approval by the Chief Executive Officer shall be given in\nwriting, may be given subject to such conditions and limitations as the Chief\nExecutive Officer may specify, and may be altered or cancelled.\n9.\nRecognition of ship\u2019s cook certificates\n9.\n(1) Subject to paragraph (2), a ship\u2019s cook certificate \u2014\n(a)\ngranted under the Merchant Shipping (Certification of Ships\u2019 Cooks)\nRegulations, 2004;\n(b) treated as equivalent under regulation 7 of those Regulations, or\n(c)\ndeemed under regulation 8 of those Regulations to be issued pursuant to\nsection 110 of the Law,\nwhich is in force on the date when these Regulations come into force has\neffect as if it is a ship\u2019s cook certificate recognized under paragraph (3)\n(2) A certificate to which paragraph (1) applies remains valid for a period of five\nyears starting on the date when these Regulations come into force unless it is\nsuspended or cancelled in accordance with section 125 of the Law.\n(3) A ship\u2019s cook certificate which has been issued to a person by an authority\nempowered to issue such certificates by the laws of any country or territory\noutside the Cayman Islands listed in Shipping Notice CISN 05\/2011 is for the\npurposes of these Regulations equivalent to a ship\u2019s cook certificate issued\nunder these Regulations.\n(4) The Chief Executive Officer may approve a ship\u2019s cook certificate which has\nbeen issued to a person by an authority empowered to issue such certificates\nby the laws of any country or territory outside the Cayman Islands not listed in\nShipping Notice CISN 05\/2011; and such certificates shall be equivalent to a\nship\u2019s cook certificate issued under these Regulations.\n\nRegulation 10\nMerchant Shipping (Maritime Labour Convention) (Food and Catering)\nRegulations, 2014\n\nPage 10\nSL 42 of 2014\nc\n\n10.\nTraining requirements for catering staff and other persons processing food\nin the galley\n10. The shipowner and the master of a ship shall ensure that each member of the\ncatering staff is properly trained or instructed for that member\u2019s position and shall\nbe trained or instructed in areas including food and personal hygiene as well as\nhandling and storage of food on board ship, in accordance with the requirements set\nout in CISN 07\/2014.\n11.\nInspection of ships\n11. (1) For the purpose of checking compliance with these Regulations, an authorized\nperson may at all reasonable times go on board a ship and inspect the ship, its\nequipment, any article and any document carried on it.\n(2) Sections 421(2) and (4) of the Law apply in relation to paragraph (1) as if\nreferences in those subsections to \u201csubsection (1)\u201d were references to\nparagraph (1).\n(3) Sections 422 (1), (2), (3) and (5) to (8) and 423(1) and (2) of the Law apply in\nrelation to the inspection of a ship for the purposes of checking compliance\nwith these Regulations as they apply in relation to the inspection of a ship for\nthe purposes of checking compliance with the Law, as if \u2014\n(a)\nreferences in those sections to \u201cthis Law\u201d were to these Regulations;\n(b) for section 422(1)(b) there were substituted a reference to any ship to\nwhich this regulation applies; and\n(c)\nin section 422(2)(h)(iii) the words \u201cor any instrument made under it\u201d\nwere omitted.\n(4) Sections 423 to 429 of the Law apply for the purposes of these Regulations as\nif the relevant statutory provisions included these Regulations\n12.\nDetention of ships\n12. (1) Where an authorized person has clear grounds for believing that, in relation to\na ship to which these Regulations apply \u2014\n(a)\nthe ship to is not in compliance with regulation 4 to 10; and\n(b) the non-compliance represents \u2014\n(i)\na significant danger to the safety, health or security of seafarers, or\n(ii) a serious breach or the latest in a series of repeated breaches of the\nrequirements of regulations 4 to 10,\nthe ship is liable to be detained.\n(2) The power under this regulation to detain a ship shall only be exercised if the\nship in question is \u2014\n\nMerchant Shipping (Maritime Labour Convention) (Food and Catering)\nRegulations, 2014\nRegulation 13\n\nc\nSL 42 of 2014\nPage 11\n\n(a)\na Cayman Islands ship; or\n(b) a non-Cayman Islands ship without a Maritime Labour Certificate whilst\nin a Cayman Islands port or Cayman Islands waters.\n(3) Section 444 of the Law applies where a ship is liable to be or is detained under\nthis regulation as if references to the detention of a ship under that Law were\nreferences to these Regulations.\n(4) Where a ship is liable to be detained under these Regulations an authorized\nperson shall serve on the master of the ship or other person for the time being\nin charge of the ship a detention notice which states the grounds for detention\nand the requirements to be complied with in respect of the notice in order for\nthe ship to be released from the detention.\n(5) Where a ship which is detained under these Regulations is not a Cayman\nIslands ship, the Chief Executive Officer shall immediately inform the Consul\nor a diplomatic representative of the State whose flag the ship is entitled to fly,\nor the appropriate maritime authorities of that State, of the detention and the\ngrounds therefor.\n(6) Where a ship is detained under these Regulations, an authorized person shall\nrelease the ship in accordance with the applicable provisions of section 444 of\nthe Law.\n(7) It is prohibited for a ship on which a detention notice has been served to\nproceed to sea or attempt to proceed to sea unless a release from the detention\nhas been issued in writing by an authorized person.\n(8) Notwithstanding that a detained ship may be eligible for release where any\napplicable fine, cost and expenses have been paid by the master or owner of\nthe ship, or a security paid, in accordance with section 444 of the Law the ship\nshall not be released until any deficiency for which the vessel was detained has\nbeen rectified to the satisfaction of the Chief Executive Officer.\n13.\nFood and catering requirements for non-Cayman Islands ships with\nMaritime Labour Certificates\n13. (1) The shipowner and the master of a ship to which this regulation applies shall\nensure that the ship complies with the requirements of Regulation 3.2 and\nStandard A3.2 of the Maritime Labour Convention.\n(2) The shipowner of a ship to which this regulation applies and the master of\nsuch a ship shall comply with the requirements of Regulation 3.2.3 and\nStandard A3.2.3.\n(3) The master or a person acting under the master\u2019s authority shall \u2014\n(a)\ncarry out inspections of a ship to which this regulation applies in\naccordance\nwith\nStandard\nA3.2.7\nof\nthe\nMaritime\nLabour\nConvention; and\n\nRegulation 14\nMerchant Shipping (Maritime Labour Convention) (Food and Catering)\nRegulations, 2014\n\nPage 12\nSL 42 of 2014\nc\n\n(b) record the findings of such inspections and keep them available for\nreview.\n14.\nInspection of non-Cayman Islands ships with Maritime Labour Certificates\n14. (1) An authorized person may \u2014\n(a)\nreview the ship\u2019s Maritime Labour Certificate and Declaration of\nMaritime Labour Compliance or the ship\u2019s interim Maritime Labour\nCertificate; and\n(b) where Standard A5.1.3 of the Maritime Labour Convention applies, carry\nout a more detailed inspection, in accordance with that Standard.\n(2) Where an authorized person has power to inspect a ship under this regulation,\nregulation 11 applies to that ship.\n15.\nDetention of non- Cayman Islands ships with Maritime Labour Certificates\n15. (1) Where an authorized person inspects a ship under regulation 14(1)(b) and has\nclear grounds for believing that \u2014\n(a)\nthe ship does not comply with the requirements of the Maritime Labour\nConvention; and\n(b) the non-compliance represents \u2014\n(i)\na significant danger to the safety, health or security of seafarers; or\n(ii) a serious breach or the latest in a series of repeated breaches of the\nrequirements of the Maritime Labour Convention,\nthe ship is liable to be detained.\n(2) An authorized person may permit a ship which is liable to be detained or is\ndetained under this regulation to proceed to sea for the purpose of proceeding\nto the nearest appropriate repair yard available.\n(3) Where a ship is liable to be detained or is detained under this regulation,\nsection 444 of the Law applies as if references to the detention of a ship under\nthe Law were references to detention of the ship in question under this\nregulation.\n(4) Where a ship is detained under this regulation, the Chief Executive Officer\nshall immediately inform the Consul or a diplomatic representative of the State\nwhose flag the ship is entitled to fly, or the appropriate maritime authorities of\nthat State, of the detention and the grounds therefor.\n(5) Where a ship is detained under this regulation but the failure to comply\nreferred to in paragraph (1) has ceased, a person having power to detain the\nship shall, at the request of the shipowner or master, immediately release\nthe ship.\n\nMerchant Shipping (Maritime Labour Convention) (Food and Catering)\nRegulations, 2014\nRegulation 16\n\nc\nSL 42 of 2014\nPage 13\n\n16.\nOffences and penalties\n16. (1) A contravention of regulation 4, 5, 8(1), 10, 13(1) or 13(2) by a shipowner or a\nmaster is an offence punishable \u2014\n(a)\non summary conviction by a fine of ten thousand dollars,\nnotwithstanding sections 6(2) and 8 of the Criminal Procedure Code\n(2013 Revision); and\n(b) on conviction on indictment, by a fine of fifty thousand dollars.\n(2) A contravention of regulation 6(1) or (2) or 13(3)(a) or (b) is an offence by the\nmaster punishable on summary conviction by a fine of ten thousand dollars,\nnotwithstanding sections 6(2) and 8 of the Criminal Procedure\n(3) Without prejudice to regulation 18, in any proceedings for an offence under\nthis regulation it is a defence for the person charged to prove that all\nreasonable steps had been taken by that person to ensure compliance with the\nrequirements of the provision in question.\n17.\nRight of appeal and compensation\n17. Regulations 12 and 13 of the Merchant Shipping (Port State Control) Regulations,\n2003 shall have effect in relation to a detention notice served under these\nRegulations subject to the reference in those Regulations to inspector being taken to\ninclude a reference to a surveyor.\n18.\nDefence\n18. It is a defence for a person charged with an offence under these Regulations to show\nthat the offence was committed without that person\u2019s knowledge or, where the\nperson had such knowledge, that the person took all reasonable precautions and\nexercised all due diligence to avoid the commission of the offence.\n19.\nRepeal\n19. (1) The Merchant Shipping (Provisions and Water) (Cayman Islands) Regulations,\n1989 are repealed.\n(2) The Merchant Shipping (Certification of Ships\u2019 Cooks) Regulations, 2004 are\nrepealed.\n\nRegulation 19\nMerchant Shipping (Maritime Labour Convention) (Food and Catering)\nRegulations, 2014\n\nPage 14\nSL 42 of 2014\nc\n\nMade in Cabinet the 19th day of August, 2014.\nMeredith Hew\nActing Clerk of the Cabinet.","akn_extracted_at":"2026-06-22 15:39:06.709055+00","cms_id":"2014-0042","law_type":"subordinate","year":"2014","number":"42","title":"Merchant Shipping (Maritime Labour Convention) (Food and Catering) Regulations","status":"in_force"},"provenance":{"files":[{"file_id":"5675","expr_id":"605","kind":"akn_xml","filename":"2014-0042_SL 42 of 2014.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2014\/2014-0042\/2014-0042_SL 42 of 2014.akn.xml","content_md5":"657cf3972df4b66725028133ca0d1299","byte_size":"25194","http_last_modified":null,"fetched_at":"2026-06-22 15:39:07.022983+00"},{"file_id":"1209","expr_id":"605","kind":"pristine_pdf","filename":"2014-0042_SL 42 of 2014.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2014\/2014-0042\/2014-0042_SL 42 of 2014.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2014\/2014-0042\/2014-0042_SL 42 of 2014.pdf","content_md5":"b5653602ae229d507b77659a86a78f06","byte_size":"566295","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.257436+00"},{"file_id":"1210","expr_id":"605","kind":"working_pdf","filename":"2014-0042_SL 42 of 2014.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2014\/2014-0042\/2014-0042_SL 42 of 2014.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2014\/2014-0042\/2014-0042_SL 42 of 2014.pdf","content_md5":"b5653602ae229d507b77659a86a78f06","byte_size":"566295","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.257436+00"}],"paragraph_count":11,"latest_history":null},"quality":{"expr_id":"605","doc_id":"605","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample shows likely truncation of Regulation\u202f4 and lingering page\u2011header noise; recommend full\u2011text verification.","assessed_at":"2026-06-22 15:29:45.832632+00","updated_at":"2026-06-22 15:29:45.832632+00"}}