The Fish Labelling Regulations 2013

PART 1 U.K. Introduction

Citation, commencement, application and extent U.K.

1.—(1) These Regulations —

(a) may be cited as the Fish Labelling Regulations 2013; and

(b) come into force on 2nd September 2013.

(2) They apply in England only F1 ....

Textual Amendments

F1 Words in reg. 1(2) omitted (31.12.2020) by virtue of The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 10(2); 2020 c. 1, Sch. 5 para. 1(1)

Interpretation U.K.

2.— [F2 (1) In these Regulations—

“the [F3 specified] Regulations” means Regulation 1224/2009, Regulation 404/2011 and Regulation 1379/2013;

“Regulation 1224/2009” means Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy;

“Regulation 404/2011” means Commission Implementing Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy;

“Regulation 1379/2013” means 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]

(2) In these Regulations—

(a) references to any of the [F4 specified] Regulations are references to the [F4 specified] Regulations in question as amended from time to time; and

(b) terms used that are also used in any of the [F5 specified] Regulations have the same meaning as in the [F5 specified] Regulations in question.

Textual Amendments

F2 Reg. 2(1) substituted (13.12.2014) by The Fish Labelling (Amendment) Regulations 2014 (S.I. 2014/3104), regs. 1(1), 2(2)

F3 Word in reg. 2(1) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 10(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in reg. 2(2)(a) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 10(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in reg. 2(2)(b) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 10(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

PART 2 U.K. United Kingdom commercial designations of species

List of commercial designations of species U.K.

F6 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Reg. 3 omitted (31.12.2020) by virtue of The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 10(4); 2020 c. 1, Sch. 5 para. 1(1)

Competent authority U.K.

F7 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 4 omitted (13.12.2014) by virtue of The Fish Labelling (Amendment) Regulations 2014 (S.I. 2014/3104), regs. 1(1), 2(4)

PART 3 U.K. Consumer information and traceability requirements in England

Interpretation of Part 3 U.K.

5.  In this Part, “ the Act” means the Food Safety Act 1990.

Consumer information and traceability requirements U.K.

6.—(1) In this Part—

(a) “consumer information requirement” means a requirement referred to in paragraph (2), subject to [F8 paragraphs (6) and (7)]; and

(b) “traceability requirement” means a requirement referred to in paragraph (3), subject to paragraph (7).

(2) For the purposes of paragraph (1)(a), the requirements are—

[F9 (a) a requirement specified in Article 35 of Regulation 1379/2013 as read with Article 38 of that Regulation, and a requirement specified in Article 39(3) or (4) of Regulation 1379/2013, as read with paragraph (1) of that Article.]

(b) a requirement specified in Article 58(6) of Regulation 1224/2009 as read with Articles 67(13) and 68 of Regulation 404/2011.

(3) For the purposes of paragraph (1)(b), the requirements are Article 58(2), (3) and (5) of Regulation 1224/2009 as read with Article 58(7) of that Regulation [F10 , Article 67(1) to (3) [F11 , (5) to (7) and (9)] to (13) of Regulation 404/2011 and Articles 35(1)(c) and 38 of Regulation 1379/2013].

F12 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 (6) The requirement referred to in paragraph (2)(a) does not apply in the circumstances described in Article 35(4) of Regulation 1379/2013 as read with Article 58(8) of Regulation 1224/2009]

(7) The requirements referred to in paragraphs (2)(b) and (3) do not apply in circumstances described in Article 58(8) of Regulation 1224/2009, as read with Article 67(14) of Regulation 404/2011, where the sale does not exceed [F14 £45] per day.

Textual Amendments

F8 Words in reg. 6(1)(a) substituted (13.12.2014) by The Fish Labelling (Amendment) Regulations 2014 (S.I. 2014/3104), regs. 1(1), 2(5)(a)

F9 Reg. 6(2)(a) substituted (13.12.2014) by The Fish Labelling (Amendment) Regulations 2014 (S.I. 2014/3104), regs. 1(1), 2(5)(b)

F10 Words in reg. 6(3) substituted (13.12.2014) by The Fish Labelling (Amendment) Regulations 2014 (S.I. 2014/3104), regs. 1(1), 2(5)(c)

F11 Words in reg. 6(3) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 10(5)(i); 2020 c. 1, Sch. 5 para. 1(1)

F12 Reg. 6(4)(5) omitted (13.12.2014) by virtue of The Fish Labelling (Amendment) Regulations 2014 (S.I. 2014/3104), regs. 1(1), 2(5)(d)

F13 Reg. 6(6) substituted (13.12.2014) by The Fish Labelling (Amendment) Regulations 2014 (S.I. 2014/3104), regs. 1(1), 2(5)(e)

F14 Sum in Reg. 6(7) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 10(5)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Improvement notice U.K.

7.—(1) Section 10 of the Act (improvement notices) applies for the purposes of these Regulations with the following modifications.

(2) For subsection (1), substitute—

“(1) If an authorised officer of an enforcement authority has reasonable grounds for believing that an operator has not complied with, or is not likely to comply with, a consumer information requirement or a traceability requirement, the officer may, by notice served on that operator (in this Act referred to as an “improvement notice”)—

(a) state the officer's grounds for believing that the operator is failing to comply with those requirements;

(b) specify the matters which constitute the operator's failure so to comply;

(c) specify the measures which, in the officer's opinion, the operator must take in order to secure compliance; and

(d) require the operator to take those measures, or measures which are at least equivalent to them, within such period as may be specified in the notice.”.

(3) For subsection (3), substitute —

“(3) In this section—

(a) “consumer information requirement” and “traceability requirement” have the meanings given by regulation 6(1) of [F15 the Fish Labelling Regulations 2013];

(b) “operator” has the same meaning as in the [F16 specified] Regulations as defined in regulation 2(1) of [F15 the Fish Labelling Regulations 2013] as read with regulation 2(2)(a) of those Regulations.”.

Textual Amendments

F15 Words in reg. 7(3) substituted (13.12.2014) by The Fish Labelling (Amendment) Regulations 2014 (S.I. 2014/3104), regs. 1(1), 2(6)(a)

F16 Word in reg. 7(3) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 10(6); 2020 c. 1, Sch. 5 para. 1(1)

Appeal to the First-tier Tribunal U.K.

8.—(1) Section 37 of the Act M1 (appeals to magistrates' court or sheriff) applies for the purposes of these Regulations with the following modifications.

(2) For subsection (1), substitute—

“(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10, as applied by regulation 7 of [F17 the Fish Labelling Regulations 2013], may appeal to the First-tier Tribunal.”.

(3) Omit subsections (2) to (5).

(4) In subsection (6)—

(a) for “(3) or (4)”, substitute “ (1) ”;

(b) in paragraph (a), for “a magistrates' court or to the sheriff”, substitute “ the First-tier Tribunal ”.

Textual Amendments

F17 Words in reg. 8(2) substituted (13.12.2014) by The Fish Labelling (Amendment) Regulations 2014 (S.I. 2014/3104), regs. 1(1), 2(6)(a)

Marginal Citations

M1 Section 37 was amended by section 48(1) of, and paragraph 13(1) and (3) of Schedule 8 to, the Tribunals, Courts and Enforcement Act 2007 (c.15) and by section 146 of, and Part 1 of Schedule 23 to, that Act.

Appeals against improvement notices U.K.

9.—(1) Section 39 of the Act (appeals against improvement notices) applies for the purposes of these Regulations with the following modifications.

(2) For subsection (1), substitute—

“(1) On an appeal against an improvement notice served under section 10, as applied by regulation 7 of [F18 the Fish Labelling Regulations 2013], the First-tier Tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the First-tier Tribunal may in the circumstances think fit.”.

(3) In subsection (3), omit “for want of prosecution”.

Textual Amendments

F18 Words in reg. 9(2) substituted (13.12.2014) by The Fish Labelling (Amendment) Regulations 2014 (S.I. 2014/3104), regs. 1(1), 2(6)(a)

Requirement to keep records U.K.

10.—(1) For the purposes of Article 58(4) of Regulation 1224/2009, an operator must keep a record of the information referred to in that Article as read with Article 67(4) of Regulation 404/2011.

(2) The record must be kept for three years from the date the transaction is completed.

(3) It is an offence to fail to comply with this regulation.

Requirement to produce records U.K.

11.  An operator who fails to comply with the second sentence of Article 58(4) of Regulation 1224/2009 is guilty of an offence.

Penalties U.K.

12.  A person guilty of an offence under regulation 10 or 11 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Application and modification of the Act U.K.

13.  The Schedule (application and modification of the Act) has effect.

Enforcement U.K.

14.—(1) Each food authority must enforce and execute these Regulations in its area.

(2) Each food authority is the competent authority in its area for the purposes of Article 58(4) of Regulation 1224/2009 and Article 67(5) of Regulation 404/2011.

Review of these Regulations U.K.

15.—(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the consumer information requirements and the traceability requirements are enforced in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Revocation U.K.

16.  The Fish Labelling (England) Regulations 2010 M2 are revoked.

Marginal Citations

M2 S.I. 2010/420 as amended by S.I. 2011/1043.

David Heath

Minister of State

Department for Environment, Food and Rural affairs