The Fish Labelling (Scotland) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, provide for the execution and enforcement of Title 1, Chapter 2 of Council Regulation (EC) 104/2000 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:

(a) provide an updated Schedule 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);

(b) 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);

(c) create offences and prescribe penalties (regulation 3), specify enforcement authorities (regulation 9) and incorporate specified provisions of the Food Safety Act 1990 (regulation 10);

(d) revoke the Fish Labelling (Scotland) Regulations 2003 and the Fish Labelling (Scotland) Amendment Regulations 2006 (regulation 11).

A full regulatory impact assessment, which includes a compliance cost assessment of the effect which these Regulations will have on business costs, has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.