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These Regulations amend the Fish Labelling (Scotland) Regulations 2013 (“the 2013 Regulations”) in order to provide for the enforcement of the consumer information requirements of Chapter IV of Regulation (EU) No. 1379/2013 of the European parliament and of the Council on the common organisation of the markets in fishery and aquaculture products (OJ L 354, 28.12.2013, p.1).
Regulation 2 amends regulation 2 of the 2013 Regulations to remove the references to, and the definitions of, (EC) Regulation No. 104/2000 (OJ L 17, 21.1.2000, p.22) on the common organisation of the markets in fishery and aquaculture products and (EC) Regulation No. 2065/2001 (OJ L 278, 23.10.2001, p.6) laying down detailed rules for the application of (EC) Regulation No. 104/2000 as regards informing consumers about fishery and aquaculture products. These Regulations have been repealed by Regulation (EU) No. 1379/2013 and Commission Implementing Regulation (EU) No. 1420/2013 (OJ L 353, 28.12.2013, p.48) respectively.
Regulation 2 provides that a consumer information requirement includes a requirement specified in Article 35 of Regulation (EU) No. 1379/2013 (mandatory information to be provided to consumers) as read with Article 38, and Article 39(3) or (4) of that Regulation.
The consumer information which must be provided identifies the species of fish, where it was caught and how and where it was produced. The information also indicates whether the fish or fish product has been defrosted and the minimum durability of the product.
In addition, voluntary information may be provided if it is clear and unambiguous and can be verified.
Regulation 2 also amends the definition of traceability requirement in the 2013 Regulations in accordance with Article 45(2) of Regulation (EU) No. 1379/2013 to give the information required under Article 35(1)(c) as read with Article 38 of that Regulation.
A business regulatory impact assessment of the effect that this instrument will have on the cost of business and the voluntary sector has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ and online at www.legislation.gov.uk.
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