- Latest available (Revised)
- Original (As made) - English
- Original (As made) - Welsh
The Fish Labelling (Wales) Regulations 2003
You are here:
- 2003 No. 1635 (W. 177)
- Whole Instrument
- Previous
- Next
What Version
Status:
This is the original version (as it was originally made). Wales Statutory Instruments are not carried in their revised form on this site.
Statutory Instruments
2003 No. 1635 (W.177)
FOOD, WALES
The Fish Labelling (Wales) Regulations 2003
Made
24th June 2003
Coming into force
30th June 2003
The National Assembly for Wales in exercise of the powers conferred by sections 16(1)(e) and (f), 17(2), 26(3) and 48(1) of the Food Safety Act 1990(1), and now vested in it(2), having had regard in accordance with section 48(4A) of that Act to advice given by the Food Standards Agency and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council(3) and in accordance with section 48(4) and (4B) of that Act, hereby makes the following Regulations:
Title, commencement and application
1. These Regulations may be cited as the Fish Labelling (Wales) Regulations 2003, shall come into force on 30th June 2003 and shall apply to Wales only.
Interpretation
2. In these Regulations —
“Regulation 104/2000” (“Rheoliad 104/2000”) means Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products(4);
“Regulation 2065/2001” (“Rheoliad 2065/2001”) means Commission Regulation (EC) No. 2065/2001 laying down detailed rules for the application of Council Regulation (EC) No. 104/2000 as regards informing consumers about fishery and aquaculture products(5);
and any expressions used in these Regulations and in Regulation 104/2000 or Regulation 2065/2001 have the same meaning as in those Regulations.
Offences relating to consumer information
3.—(1) Any person who, in contravention of Article 4.1 of Regulation 104/2000 (consumer information) as read with Regulation 2065/2001, offers for retail sale to the final consumer any of the products to which that Article applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) A person who fails to comply with Article 8 of Regulation 2065/2001 (traceability and control) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Lists of commercial designations
4.—(1) As regards Wales, the list of commercial designations which the United Kingdom is required to draw up and publish under Article 4(2) of Regulation 104/2000 is that set out in the Schedule to these Regulations, and accordingly, the commercial designations set out in that Schedule are names prescribed by law for the purposes of regulations 6(1), 7 and 8(a) of the Food Labelling Regulations 1996(6).
(2) In relation to a species included both in the Schedule to these Regulations and in a list published in English under Article 4(2) of Regulation 104/2000 having effect in another Member State or in another part of the United Kingdom, the commercial designation for that species in the list having effect in that other Member State or part of the United Kingdom shall be an alternative to the commercial designation for that species set out in the Schedule to these Regulations.
Omission of reference to the production method
5. In the case described in Article 4.2 of Regulation 2065/2001 (situation where it is obvious from commercial designation and catch area that the species is caught at sea) it shall not be a contravention of Article 4.1 of Regulation 104/2000 to offer for retail sale to the final consumer a fisheries product to which that Article applies without the product being marked or labelled with the production method.
Small quantities of products
6.—(1) For the purposes of Article 4(1) of Regulation 104/2000 as read with Article 7 of Regulation 2065/2001, the small quantity of products which may be sold directly to consumers shall be products to a value not exceeding 20 Euro for each purchase.
(2) For the purposes of this regulation, the reference to 20 Euro shall be taken to be a reference to the sterling equivalent of that number of Euro, converted by reference to the rate of conversion published annually on the first working day of the preceding September in the C series of the Official Journal of the European Communities or, if no rate is published in it on that day, the first rate published in it thereafter.
Additional information relating to the catch area
7. The indication of catch area required by Article 4(1)(c) of Regulation 104/2000 may, where the circumstances described in Article 5(1)(c) of Regulation 2065/2001 apply, indicate the various Member States or third countries in which the product was farmed.
Provisional commercial designations
8.—(1) For the purposes of Article 2 of Regulation 2065/2001 (provisional commercial designations), the Food Standards Agency (“the Agency”) shall be the competent authority.
(2) The Agency shall draw up and publish a list of provisional commercial designations laid down pursuant to the said Article 2.
Enforcement
9. Each food authority shall enforce and execute these Regulations in its area.
Application of various provisions of the Act
10. The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of the Act shall be construed as a reference to these Regulations and to those provisions of Regulation 104/2000 and Regulation 2065/2001 to which these Regulations relate —
(a)section 3 (presumption that food is intended for human consumption);
(b)section 20 (offences due to fault of another person);
(c)section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
(d)section 30(8) (which relates to documentary evidence);
(e)section 32 of the Act (powers of entry);
(f)section 33(1) (obstruction etc. of officers);
(g)section 33(2) with the modification that the reference to “any such requirement as is mentioned in subsection (1) (b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (f) above;
(h)section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub-paragraph (f) above;
(i)section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (g) above;
(j)section 36 (offences by bodies corporate);
(k)section 44 (protection of officers acting in good faith).
Revocation
11. Paragraph 1 of Schedule 1 to the Food Labelling Regulations 1996 (prescribed names of fish and shellfish) is revoked insofar as it applies to Wales.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(7)
D. Elis-Thomas
The Presiding Officer of the National Assembly
24th June 2003
Regulation 4
SCHEDULECOMMERCIAL DESIGNATIONS
1.—(1) Subject to subparagraphs (2) and (3) of this paragraph, the commercial designation for any species of fish specified in column 2 of the following Table shall be a name specified for that species in the corresponding entry in column 1 of the said Table.
(2) A customary name may be used for any species of fish which has been subjected to smoking or any similar process, unless the name of the species in column 2 of the following Table is followed by an asterisk. In such cases the name used for the food when the fish is smoked shall be either —
(a)a name specified for that species in column 1 of the said Table preceded by the word “smoked”, or
(b)except in the case of Salmo salar (L.), “smoked Pacific salmon”.
(3) Subparagraph (1) of this paragraph, as read with the following Table, shall not apply to fish regulated by Council Regulation (EEC) No 2136/89(8) laying down common marketing standards for preserved sardines, or Council Regulation (EEC) No 1536/92(9) laying down common marketing standards for preserved tuna and bonito.
Explanatory Note
(This note is not part of the Regulations)
These Regulations, which apply to Wales only, provide for the execution and enforcement of Title 1, Chapter 2 of Council Regulation (EC) 104/2000 on the common organisation of the markets in fishery and aquaculture products as applied by Commission Regulation (EC) 2065/2001 laying down detailed rules on the application of Council Regulation (EC) 104/2000 as regards informing consumers about fishery and aquaculture products.
Title 1 of Chapter 2 of Council Regulation (EC) 104/2000 imposes requirements regarding the provision of information about the commercial designation, production method and catch area of certain fishery and aquaculture products offered for retail sale to the final consumer. It further provides for Member States to draw up and publish a list of commercial designations for at least the species listed in Annexes I to IV of the Regulation. Commission Regulation (EC) 2065/2001 describes in more detail the information to be provided to consumers and the exemptions that may be allowed. It also provides for the necessary information to be provided at each stage of the marketing process.
These Regulations —
– provide a list, as regards Wales, of the commercial designations required to be drawn up by the United Kingdom (regulation 4 and the Schedule) and further provide for the granting of provisional commercial designations (regulation 8);
– make provision as to the relaxation of the requirements in certain circumstances in relation to information about the production method (regulation 5); in the case of direct sales of small quantities to consumers by fishermen or aquaculture producers (regulation 6) and with regard to the inclusion of additional information about catch area (regulation 7);
– create offences and prescribe penalties (regulation 3), specify enforcement authorities (regulation 9) and incorporate specified provisions of the Food Safety Act 1990 (regulation 10);
– revoke the fish labelling requirements set out in paragraph 1 of Schedule 1 to the Food Labelling Regulations 1996 in relation to Wales (regulation 11).
A regulatory appraisal pursuant to section 65 of the Government of Wales Act 1998 has been prepared in respect of these Regulations and placed in the library of the National Assembly for Wales. Copies can be obtained from the Food Standards Agency, 1st Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.
(1)
1990 c. 16. Section 26(3) of the Food Safety Act 1990 was amended by section 40(4) of, and Schedule 6 to, the Food Standards Act 1999.
(2)
Functions of formerly exercisable by the “Secretary of State” under the Food Safety Act 1990, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the Food Standards Act 1999 (1999 c. 28).
(3)
OJ No. L31, 1.2.2002, p.1: laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
(4)
OJ No. L17, 21.1.2000, p.22.
(5)
OJ No. L278, 23.10.2001, p.6.
(6)
S.I. 1996/1499; regulation 6(4) (which defines “prescribed by law” for the purposes of regulations 6(1), 7 and 8(a)) was inserted by S.I. 1998/1398.
(7)
(8)
OJ No. L212, 22.7.89, p.79.
(9)
OJ No. L163, 17.6.92, p.1.
Options/Help
Print Options
Print The Whole Instrument
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources