The Fish Labelling Regulations (Northern Ireland) 2010

Citation and commencement

1.  These Regulations may be cited as the Fish Labelling Regulations (Northern Ireland) 2010 and shall come into operation on 6th April 2010.

Interpretation

2.—(1) In these Regulations —

“Member State” means a Member State of the European Communities;

“Regulation 104/2000” means Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products(1); and

“Regulation 2065/2001” means Commission Regulation (EC) No. 2065/2001 laying down detailed rules for the application of Council Regulation (EC) No. 104/2000 as regards informing consumers about fishery and aquaculture products(2).

(2) Any expressions used in these Regulations and in Regulation 104/2000 or Regulation 2065/2001 have the same meaning as they have in those Regulations.

(3) Any references to Regulation 104/2000 or Regulation 2065/2001 mean those Regulations as amended or corrected from time to time.

Offences relating to consumer information

3.—(1) Any person who, in contravention of Article 4(1) of Regulation 104/2000 (consumer information) as read with Regulation 2065/2001, offers for retail sale to the final consumer any of the products to which that Article applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Any person who fails to comply with Article 8 of Regulation 2065/2001 (traceability and control) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Lists of commercial designations

4.—(1) The list of commercial designations which the United Kingdom is required to draw up and publish under Article 4(2) of Regulation 104/2000 is that set out in the table in the Schedule and accordingly, the commercial designations set out in that Schedule are names prescribed by law for the purposes of regulations 6(1), 7 and 8(a) of the Food Labelling Regulations (Northern Ireland) 1996(3).

(2) In relation to a species included both in the Schedule and in a list published in English under Article 4(2) of Regulation 104/2000 having effect in another Member State or another part of the United Kingdom, the commercial designation for that species in the list having effect in that other Member State or part of the United Kingdom shall be an alternative to the commercial designation for that species set out in the Schedule and shall be a name prescribed by law for the purposes set out in paragraph (1).

Omission of reference to the production method

5.  In the case described in Article 4(2) of Regulation 2065/2001 (situation where it is obvious from commercial designation and catch area that the species is caught at sea) it shall not be a contravention of Article 4(1) of Regulation 104/2000 to offer for retail sale to the final consumer a product to which that Article applies without the product being marked or labelled with the production method.

Small quantities of products

6.—(1) For the purposes of Article 4(1) of Regulation 104/2000 as read with Article 7 of Regulation 2065/2001, the small quantity of products which may be sold directly to consumers shall be products to a value not exceeding 20 Euros for each purchase.

(2) For the purposes of this regulation, the reference to 20 Euros shall be taken to be a reference to the sterling equivalent of that number of Euros, converted by reference to the rate of conversion published annually on the first working day of the preceding September in the C series of the Official Journal of the European Communities or, if no rate is published in it on that day, the first rate published in it thereafter.

Additional information relating to the catch area

7.  The indication of catch area required by Article 4(1)(c) of Regulation 104/2000 may, where the circumstances described in Article 5(1)(c) of Regulation 2065/2001 apply, indicate the various Member States or third countries in which the product was farmed.

Provisional commercial designations

8.—(1) For the purposes of Article 2 of Regulation 2065/2001 (provisional commercial designations), the Food Standards Agency (“the Agency”) shall be the competent authority.

(2) The Agency shall draw up and publish a list of provisional commercial designations laid down pursuant to Article 2 of Regulation 2065/2001.

Enforcement

9.  Each district council shall enforce and execute these Regulations in its district.

Application of various provisions of the Food Safety (Northern Ireland) Order 1991

10.  The following provisions of the Food Safety (Northern Ireland) Order 1991 (“the Order”) shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Order or Part of the Order shall be construed as a reference to these Regulations and to those provisions of Regulation 104/2000 and Regulation 2065/2001 to which these Regulations relate —

(a) Article 4 (presumption that food is intended for human consumption);

(b) Article 19 (offences due to fault of another person);

(c) Article 20 (defence of due diligence) as it applies for the purposes of Article 13 or 14;

(d) Article 30(8) (which relates to documentary evidence);

(e) Article 34(1) (obstruction etc of officers);

(f) Article 34(2) with the modification that the reference to “any such requirement as is mentioned in paragraph (1)(b)” shall be deemed to be a reference to any such requirement as is mentioned in Article 34(1)(b) as applied by sub-paragraph (e);

(g) Article 36(1) (punishment of offences) insofar as it relates to offences under Article 34(1) as applied by sub-paragraph (e);

(h) Article 36(2) and (3) insofar as it relates to offences under Article 34(2) as applied by sub-paragraph (f).

Revocation

11.  The following Regulations are revoked —

(a) The Fish Labelling Regulations (Northern Ireland) 2003(4); and

(b) The Fish Labelling (Amendment) Regulations (Northern Ireland) 2006(5).

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 1st March 2010.

Andrew McCormick

A senior officer of the Department of Health, Social Services and Public Safety