1. These Regulations may be cited as the Preserved Tuna and Bonito (Marketing Standards) Regulations 1994 and shall come into force on 2nd September 1994.
2.—(1) In these Regulations—
“the Act” means the Food Safety Act 1990;
“the Council Regulation” means Council Regulation (EEC) No. 1536/92 laying down common marketing standards for preserved tuna and bonito(1);
“food authority” means—
in England, for each non-metropolitan county, metropolitan district and London Borough, the council of that county, district or borough, and for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;
in Wales, the district or borough council; and
in Scotland, an islands or district council,
and in relation to England and Wales, includes a port health authority;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to these Regulations, the subject matter of which is described in column 2 thereof.
(2) Other expressions used in these Regulations have, insofar as the context admits, the same meaning as in the Council Regulation.
3. Each food authority is hereby designated an enforcement authority for the purposes of the Council Regulation and shall secure the enforcement and execution of the specified Community provisions within its area.
4.—(1) Subject to paragraph (2) below, any person who contravenes or fails to comply with a specified Community provision shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) Paragraph (1) above shall not apply in any case to which Article 5(3), 9(2) or (3) (which contain derogations and transitional provisions) of the Council Regulation applies.
5. The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations—
section 2 (extended meaning of ‘sale’ etc);
section 3 (presumption that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 30(8) (which relates to documentary evidence);
section 33 (obstruction etc of officers);
section 36 (offences by bodies corporate); and
section 44 (protection of officers acting in good faith).
6. Paragraph 1 of Schedule 1 (names prescribed by law) to the Food Labelling Regulations 1984(2) and paragraph 1 of Schedule 1 (names prescribed by law) to the Food Labelling (Scotland) Regulations 1984(3) shall, respectively, be amended as follows—
(a)in sub-paragraph (1) for the words “sub-paragraph (2)” there shall be substituted the words “sub-paragraphs (2) and (4)”;
(b)after sub-paragraph (3)(4) there shall be inserted the following sub-paragraph—
“(4) Sub-paragraph (1) of this paragraph, as read with the following Table, shall not apply to fish regulated by Council Regulation (EEC) No. 1536/92.”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
William Waldegrave
Minister of Agriculture, Fisheries and Food
25th July 1994.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
21st July 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
5th August 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
19th July 1994