The Fish Health Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact with amendments the Fish Health Regulations 1992 (S.I. 1992/3300) as amended.

The Regulations, which apply to Great Britain, implement Council Directive 91/67/EEC (OJ No. L46, 19.2.91, p.1) concerning the animal health conditions governing the placing on the market of aquaculture animals and products, as amended, and Council Directive 95/70/EC (OJ No. L332, 30.12.95, p.33) introducing minimum Community measures for the control of certain diseases affecting bivalve molluscs, (“the Directives”), to the extent that they are not implemented by existing legislation.

The Regulations—

(a) prohibit the placing on the market of aquaculture animals and products unless certain requirements relating to their health status are met (regulation 3);

(b) prohibit the transport of aquaculture animals unless certain requirements relating to the welfare of the aquaculture animals and the prevention of the spread of disease are met (regulation 4);

(c) prohibit the despatch of aquaculture animals and products unless requirements as to identification of the aquaculture animals and products are met (regulation 5);

(d) contain certain requirements concerning movement documents for aquaculture animals and products (regulation 6);

(e) prohibit the introduction into Great Britain from elsewhere in the European Community and from the Island of Gigha to the remainder of Great Britain of live fish, eggs and gametes unless they are accompanied by appropriate movement documents (regulation 7);

(f) prohibit the introduction into Great Britain from elsewhere in the European Community and from the Island of Gigha to the remainder of Great Britain of certain dead fish which have not been eviscerated unless they come from areas of appropriate fish health status (regulation 8);

(g) prohibit the introduction into Great Britain from elsewhere in the European Community of live molluscs, eggs and gametes unless they are accompanied by appropriate movement documents (regulation 9);

(h) regulate the relaying within the Great Britain of live molluscs, eggs and gametes from certain areas within Great Britain (regulation 9);

(i) set out the requirement for quarantine of certain introductions of wild fish, molluscs and crustacea from the deep sea (regulation 10);

(j) prohibit the export to other parts of the European Community of aquaculture animals and products from Great Britain unless they are accompanied by appropriate movement documents where required pursuant to the Directive (regulation 11);

(k) require the notification of certain diseases (regulation 12);

(l) provide the Minister with powers to impose movement restrictions and to require slaughter and disinfection in connection with certain diseases (regulations 13 and 14);

(m) set out the arrangements regarding, and provide powers for, the enforcement of these Regulations (regulations 15 to 18);

(n) provide European Inspectors with certain powers to establish whether the Directives are applied uniformly (regulation 19);

(o) provide that further persons may be deemed to be guilty of an offence when an offence is committed by a body corporate or a Scottish partnership (regulation 20);

(p) provide that the contravention of, or failure to comply with provision of the Regulations shall be an offence punishable by a fine not exceeding level 5 on the standard scale except for an offence under regulation 12(1) which shall be punishable by a fine not exceeding level 4 on the standard scale (regulations 21 and 22);

(q) amend the Registration of Fish Farming and Shellfish Farming Businesses Order 1985; and

(r) revoke the Fish Health Regulations 1992, as amended.

A Compliance Cost Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from Fisheries II (Aquaculture, Salmon and Freshwater Fisheries) Division, Ministry of Agriculture, Fisheries and Food, Room 308, Nobel House, 17 Smith Square, London SW1P 3JR.