The Sea Fish (Marketing Standards) (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the enforcement in Scotland of Community Regulations laying down common marketing standards and related rules as to marketing for certain species of sea fish, including shellfish. The Regulations implement a Community obligation to take appropriate measures to penalise infringements of Community marketing rules for fishery products, imposed by Article 3 of Council Regulation (EC) No. 104/2000 (O.J. No. L 17, 21.1.00, p.22).

The Council Regulations to be enforced under these Regulations are–

(a) Council Regulation 2406/96, as amended by Commission Regulation (EC) No. 323/97, Council Regulation (EC) No. 2578/2000, Commission Regulation (EC) No. 2495/2001 and the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded and read with Commission Regulation (EEC) No. 3703/85 as amended by Commission Regulation (EEC) No. 3506/89; and

(b) Council Regulation (EC) No. 104/2000.

Those Council Regulations prohibit the marketing for human consumption of fishery products except in compliance with the rules laid down in those Regulations.

These rules require that fishery products must be marketed in lots each containing fish of the same species of uniform grade of freshness, size and presentation (determined in accordance with grading standards prescribed in Regulation 2406/96), bearing a label to show the grade and have the net weight in kilograms clearly and legibly marked on each lot (Articles 5, 7 and 8 of Regulation 2406/96). Additional rules are prescribed in relation to fish imported from third countries, while fish landed from third country vessels are subject to the rules applicable to Community catches (Article 11 of Regulation 2406/96).

In the case of pelagic species such as herring and mackerel (which may be marketed in bulk) grading may be undertaken according to a sampling system (Article 9 of Regulation 2406/96).

These Regulations make infringements of the prohibitions on marketing imposed by Regulations 2406/96 and 104/2000 offences for the purposes of Scots law and specify penalties (regulation 3). The Regulations confer powers of enforcement on authorised officers (regulation 4), penalise the obstruction of such officers in the exercise of those powers (regulation 5) and provide for the protection of such officers, acting properly, from challenge in the courts (regulation 6).

The Regulations revoke the Sea Fish (Marketing Standards) Regulations 1986 (as amended) as regards Scotland (regulation 7).