The Fishery Products (Official Controls Charges) (England) Regulations 2005

Interpretation

2.—(1) In these Regulations —

“chilled” means cooled to a temperature approaching that of melting ice;

“competent authority” means the authority designated under regulation 4 of the Food Hygiene (England) Regulations 2005(1);

“Directive 2004/41”, “Regulation 178/2002”, “Regulation 1642/2003”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004” and “Regulation 1688/2005” have the meanings respectively given to them in the Schedule;

“EEA State” means a member State, Norway, Iceland or Liechtenstein;

“employers' National Insurance contributions” means those social security contributions for which employers are liable under Part I of the Social Security Contributions and Benefits Act 1992(2);

“establishment” has the meaning given to it in paragraph 1(c) of Article 2 of Regulation 852/2004;

“factory vessel” and “fishery products” have the meanings respectively given to them in points 3.2 and 3.1 of Annex I to Regulation 853/2004;

“food authority” has the meaning that it bears by virtue of section 5(1) of the Food Safety Act 1990(3), except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of that Act (which deals with the Inner Temple and Middle Temple);

“imported” means introduced into England other than from another part of the British Islands;

“official controls” shall be construed in accordance with the definition of the term “official control” in paragraph 1 of Article 2 of Regulation 882/2004;

“placing on the market” has the meaning given to it in paragraph 8 of Article 3 of Regulation 178/2002;

“port health authority” means —

(a)

in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984(4) by section 7(1) of that Act), the Common Council of the City of London; and

(b)

in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;

“processing” has the meaning given to it in paragraph 1(m) of Article 2 of Regulation 852/2004;

“processing establishment” means an establishment at which processing occurs;

“relevant fishery products” means imported fishery products which —

(a)

originate in a third country;

(b)

were caught in their natural environment;

(c)

have not been on land prior to their proposed importation, or had not been on land prior to their importation, into an EEA State or Greenland;

(d)

are or will be landed in England; and

(e)

are intended for placing on the market for human consumption;

“relevant food authority” means the food authority in whose area circumstances giving rise to an obligation under these Regulations to pay a charge to that authority arise;

“relevant landed fishery products” means fishery products which —

(a)

were caught in their natural environment;

(b)

have not or had not been on land prior to being landed;

(c)

are or will be landed in England; and

(d)

are intended for placing on the market for human consumption,

other than relevant fishery products being sold for the first time in England and third country imports;

“specified pelagic fish” means —

(a)

herring of the species Clupea harengus;

(b)

sardines of the species Sardinia pilchardus;

(c)

mackerel of the species Scomber scombrus or Scomber japonicus;

(d)

horse mackerel;

(e)

anchovies; and

(f)

picarels of the species Maena smaris;

“third country”, except in the expression “third country import”, means any country or territory, other than Greenland, which does not comprise the whole or part of an EEA State;

“third country import” means an import in respect of which a charge is payable under regulation 52(1) of the Products of Animal Origin (Third Country Imports) (England) (No. 4) Regulations 2004(5); and

“vendor” means —

(a)

where an agent sells fishery products on behalf of the owner or master of a vessel, that agent; and

(b)

in any other case, the owner or master of the vessel.

(2) Any reference in these Regulations to a food authority includes a reference to a port health authority and in the context of such a reference any reference to a food authority’s area includes a reference to a port health authority’s district.

(1)

S.I. 2005/2059.

(2)

1992 c..4.

(3)

1990 c. 16; section 5 was amended by paragraphs 8 and 9 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28).

(4)

1984 c. 22.

(5)

S.I. 2004/3388.