The Fish Labelling (Scotland) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, make provision to give effect to:

• Chapter 2 of Title I of Council Regulation (EC) 104/2000 on the common organisation of the markets in fishery and aquaculture products; and

• 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.

Chapter 2 of Title I 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 requires Member States to draw up and publish a list of commercial designations for at least the species listed in Annex 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 which are allowed. It also provides for the necessary information to be provided at each stage of the marketing process.

These Regulations–

• provide a list 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 (regulation 11).

A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect which these Regulations would have on business costs, has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained on request from the Food Standards Agency, 6th floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.