Guidance

MSN 1846 (M) Amendment 1 maritime labour convention 2006 food and catering ship's cooks and catering staff

Published 18 November 2022

Summary

This notice provides information on the requirements of the merchant shipping (maritime labour convention) (minimum requirements for seafarers etc.) regulations 2014 (the “MLC minimum requirements regulations”). Part 8 of which has been made to give effect to regulation 3.2 and standard A3.2 of the international labour organization (ILO), maritime labour convention, 2006.

• it sets out the minimum training requirements for all ship’s cooks and catering staff.

• the new training requirements give consideration to the religious requirements and religious practices as they pertain to food and the duration and nature of the voyage.

• ship’s cooks may qualify from the age of 18.

• minimum sea time has been reduced from five years to one month at sea.

• the requirement to carry a ship’s cook applies only to ships operating beyond 60 miles from a safe haven and on ships operating with 10 or more seafarers on board.

Amendment 1 removes the transitional arrangements and includes minor editorial changes.

Relationship with the MLC minimum requirements regulations

Part 8 of the MLC minimum requirements regulations needs to be read together with this merchant shipping notice, as this notice sets out the requirements referred to in the regulations, the breach of which is a criminal offence.

• those requirements are – the training requirements for a ship’s cook; the certificates accepted as equivalents by the Secretary of State; the training requirements for other catering staff, and the conditions under which exemption from the requirement to carry a ship’s cook can be issued.

• in order to assist with this paragraph 9 of this notice identifies the provisions which relate to the relevant provisions in the MLC minimum requirements regulations.

1. Introduction

1.1 Part 8 of the merchant shipping (maritime labour convention) (minimum requirements for seafarers etc.) regulations 2014 (“the MLC minimum requirements regulations”) implement for the UK the food and catering requirements of the international labour organisation (ILO) maritime labour convention, 2006 (MLC) with respect to ship’s cooks and other catering personnel.

1.2 This notice deals also with the carriage and training requirements for catering staff and persons processing food for others in the galley with particular reference to regulation 40 of the MLC minimum requirements regulations.

1.3 The MLC minimum requirements regulations do not apply to non-sea-going ships, or to pleasure vessels, fishing vessels, warships or naval auxiliaries, ships of traditional build (such as dhows or junks) or vessels which are not ordinarily engaged in commercial activities.

1.4 For guidance on MCA’s interpretation of the definition of “seafarer”, “ship” or “shipowner”, see MGN 471 (M), maritime labour convention, 2006: definitions.

2. Requirement to carry a qualified ship’s cook - regulation 37

2.1 Subject to paragraph 2.2, a ship must not be operated without a qualified ship’s cook on board. On ships requiring a safe manning document, the ship’s cook will be specified in the safe manning document.

2.2 The requirements relating to ship’s cooks do not apply to

• (a) ships which operate only within 60 miles of a safe haven and do not operate to or from, or call at, a port in a country other than the United Kingdom, or

• (b) to ships which ordinarily operate with fewer than 10 seafarers on board.

2.3 In exceptional circumstances the Maritime and Coastguard Agency (MCA - acting on behalf of the Secretary of State) may issue an exemption for a ship to operate without a qualified ship’s cook until the next port of call, or 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 in accordance with the relevant requirements of this merchant shipping notice (annex 1). An application for an exemption can be made to the MCA. If agreed, an exemption will be given in writing and may be subject to conditions.

2.4 The MCA may consider substantially equivalent arrangements to the requirement to carry a qualified ship’s cook. For example, on certain ships the competencies of a qualified ship’s cook might not be held by a single person. In such circumstances an application for approval can be made to the MCA. If this equivalent arrangement is approved by the MCA it will be given in writing and it will be recorded on the ship’s safe manning document (SMD) or, where a SMD is not applicable, a notice will be issued to the owner/operator. The MCA can impose conditions and limitations and alter or cancel the approval.

Guidance

The requirement for a qualified ship’s cook to be carried on a ship is not based on tonnage but on the number of crew carried on the ship.

In the context of an application for exemption referred to in paragraph 2.2, exceptional circumstances are considered to include injury or illness of ship’s cook themselves or a close family member requiring the ship’s cook to be repatriated but excludes absence of relieving crew, problems relating to the issue of visas or other commercial reasons. Application for a ship to operate without a fully qualified cook should be made to the MCA Seafarer Training & Certification Branch through email: [email protected]

Please note that for exemptions from the safe manning regulations there is a fee, which is set out in the merchant shipping (fees) regulations.

These equivalent arrangements may occur on passenger ships and mobile offshore drilling units (MODU) or special purpose ships (SPS) which have large numbers of non-marine crew. These ships have large catering departments and may carry specialist chefs/cooks and managers who individually are not trained in all the competencies required by ship’s cooks but between them are trained to this required standard. It is for the owner/operator of the ship to demonstrate that the proposed catering staff between them hold all the competencies of a ship’s cook. Where an equivalent is agreed to, it will be recorded in a clause on the ship’s safe manning document (SMD) stating how the equivalence is to be achieved.

See also MGN 472(M) annex A for substantial equivalence for large yachts in certain circumstances SE013

3. Certificate of competency as a ship’s cook - regulation 38

3.1 To be eligible to be issued with a UK (MLC 2006) ship’s cook certificate an applicant has to meet the following requirements:

3.1.1 be at least 18 years of age

3.1.2 have completed a minimum of one month sea going service in any capacity

3.1.3 have completed training in accordance with the learning outcomes and assessment criteria set out in annex 1 and annex 2

3.1.4 have completed the following standards of training certification and watchkeeping (STCW) basic safety courses

• personal survival techniques (STCW Code A-VI/1-1)
• fire prevention and fire fighting (STCW Code A-VI/1-2)
• elementary first aid (STCW Code A-VI/1-3)
• personal safety and social responsibility (STCW Code A-VI/1-4)
• security awareness

3.1.5 hold a current seafarer medical fitness certificate (ENG 1) or equivalent.

Guidance

Sea service must be proven by discharge book entries or certificates of discharge.

Where training has been undertaken that has not been specifically designed to meet the requirements of annex 1 and annex 2 an application should be made to the international association of marine institutes IAMI for accreditation of prior learning (APL).

In assessing prior learning, the learning outcomes set out in annex 1 and 2 are not expected to be above the following qualification framework levels:

• European Qualification Framework (EQF) – Level 3
• Qualifications and Credit Framework for England and Northern Ireland (QCF) - Level 2
• Credit and Qualification Framework for Wales (CQFW) – Level 2
• Scottish Credit and Qualification Framework (SCQF – Level 5)
• The National Qualifications for Ireland (NFQIE) – Level 3

Any learning outcomes not accredited will have to be completed.

Marine information note (MIN) 689 (M) (and subsequent revisions) contains information on the qualifications and awarding bodies that are recognised and accepted in the UK as fulfilling the learning outcomes and assessment criteria set out in annex 1 of this merchant shipping notice for those applying for a ship’s cook certificate.

The MCA will accept training for the basic safety courses listed in 3.1.4 which have been approved by a “White List” signatory of the STCW convention.

See MSN 1886(M) and MSN 1887(M) for information about seafarer medical fitness certificates. Applications for a seafarer medical fitness certificate (ENG1) should be made directly to one of the MCA approved doctors. The list of approved doctors is published on the MCA webpage.

4. Application for UK (MLC 2006) ship’s cook certificate of competency

4.1 Applications for the issue of a UK (MLC 2006) ship’s cook certificate of competency should be made to the address at the end of this notice using application form MSF4395. This includes guidance on documents to be submitted with the application form.

5. Certificates of which are treated as equivalent to a UK certificate of competency as a ship’s cook - regulation 42

5.1 MCA (on behalf of the Secretary of State) accepts a ship’s cook’s certificate issued by another administration after the date they ratified the maritime labour convention, 2006 as equivalent to a ship’s cook certificate issued under the MLC minimum requirements regulations for the purposes of serving as a qualified ship’s cook on a UK ship.

5.2 5.2 A ship’s cook’s certificate issued by an administration that is neither an EU Member State nor a signatory to the maritime labour convention, 2006 may be accepted as equivalent to a ship’s cook certificate issued under the MLC minimum requirements regulations providing that it has been shown that the training approved by the administration concerned is equivalent to the UK requirements and a Memorandum of Understanding exists between the UK and the administration concerned outlining this recognition.

5.3 Such equivalent certificates will be accepted for service in the capacity of a qualified ship’s cook on UK ships providing that in addition to a current ship’s cook’s certificate the holder of that certificate also holds the basic training listed in 3.1.4 and holds a current ENG 1 seafarer medical fitness certificate or an acceptable equivalent.

Guidance

Further information on UK seafarer medical certificates is contained in MSN 1886 (M) and MSN 1887(M), which along with the list of equivalent medical fitness certificates, which can be found on the MCA website.

6. Training requirements for catering staff and persons processing food in the galley - regulation 40

6.1 The shipowner must ensure that every member of the catering staff is properly trained or instructed for their position in accordance with the requirements of this merchant shipping notice. Such training or instruction is to be in food and personal hygiene as well as the safe handling and storage of food on board ship in accordance with the learning outcomes and assessment criteria set out in annex 1 of this merchant shipping notice.

6.2 The shipowner must ensure that any person who processes food in the galley is properly trained or instructed in areas including food and personal hygiene and handling in accordance with the learning outcomes and assessment criteria set out in annex 1 of this merchant shipping notice. This ensures they have an adequate knowledge of food and personal hygiene to ensure that food is stored, stock rotated, handled, cooked and served safely and that good practice is clearly applied.

6.3 Catering staff defined in regulation 42 of the MLC minimum requirements regulations, includes cooks, cooks’ assistants and stewards/stewardesses.

6.4 Personnel handling food under qualified supervision are not required to hold qualifications as per MIN 689 (M), however they are required to be able to demonstrate they meet the learning outcomes in annex 1 of this notice.

6.5 Food prepared by a seafarer for themselves, or by one seafarer for another outside the confines of the galley is excluded from the requirements stated in 6.1 and 6.2.

6.6 Marine information note MIN 689 (M) (and subsequent revisions) contains a list of qualifications and awarding bodies that are recognised and accepted as fulfilling the learning outcomes and assessment criteria set out in annex 1 of this merchant shipping notice for the purposes of qualifying for issue of a ship’s cook certificate. Courses recognised under MIN 689 (M) should also be used for those in a supervisory role in the catering department.

Guidance

Any seafarer processing food in the galley is deemed to be a member of the catering staff regardless of their main role on-board ship.

Periodic assessments of the effectiveness of training or instructions should be made.

Company and ship audits should be able to verify competency levels. If there is any evidence of poor hygiene practices, designated cooks or others working in the galley should receive refresher training or other appropriate food hygiene training. Catering staff should have an awareness of the potential problems associated with food allergy and intolerance and have a basic understanding of how to avoid cross contamination and of the importance of providing accurate information to the crew.

Personnel handling food under qualified supervision are not required to hold qualifications as per MIN 689 (M), however they are required to be able to demonstrate they meet the learning outcomes in annex 1 of this notice.

7. References to this notice in the merchant shipping (maritime labour convention) (minimum requirements for seafarers etc.) regulations 2014 (the “MLC minimum requirements regulations”)

7.1 The references to this notice in the MLC minimum requirements regulations are below. This is the version of the merchant shipping notice 1846 (M) which is considered to be relevant until further notice.

Regulation 40

Training requirements for catering staff and other persons processing food in the galley. The training requirements are set out in annex 1 of this notice. An exemption under regulation 37(3) may only be issued if there is someone on board who satisfies the training requirements in annex 1 (see paragraph 2.3 of this notice).

Regulation 42

“eligible person”: the training which must be completed by a person to be eligible for issue of a certificate of competency as a ship’s cook in accordance with regulation 38 are set out in annex 1 and annex 2 of this notice (see paragraph 3.1.3)

“ship’s cook certificate” Section 5 of this notice specifies which certificates the Secretary of State accepts as equivalent to a UK ship cook’s certificate for the purposes of Regulation 37.

Please see attached annex’s 1 and 2.

More information

Seafarer Safety and Health
Maritime and Coastguard Agency
Bay 2/17
Spring Place
105 Commercial Road
Southampton
SO15 1EG

Telephone: +44 (0)203 81 72000

Email: [email protected]

Website: www.gov.uk/mca

Please note that all addresses and telephone numbers are correct at time of publishing.