Scottish Statutory Instruments
2003 No. 145
FOOD
The Fish Labelling (Scotland) Regulations 2003
Made 5th March 2003
Laid before the Scottish Parliament 7th March 2003
Coming into force 28th March 2003

The Scottish Ministers, in exercise of the powers conferred by sections 6(4), 16(1)(e) and (f), 17(2), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990 and of all other powers enabling them in that behalf, having had regard in accordance with section 48(4A) of that Act to advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B) of that Act, hereby make the following Regulations:
1990 c. 16; section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), Schedule 5, paragraph 10(3). Sections 16(1)(e) and (f) and 48(1) were amended by the 1999 Act, Schedule 5, paragraph 8; section 17(2) was amended by the 1999 Act, Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, Schedule 6; amendments made by Schedule 5 to the 1999 Act which extend to Scotland shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c. 46) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
Section 48(4A) was inserted by the Food Standards Act 1999, Schedule 5, paragraph 21.
Section 48(4B) was inserted by the Food Standards Act 1999, Schedule 5, paragraph 21.

Citation, commencement and extent
1. (1) These Regulations may be cited as the Fish Labelling (Scotland) Regulations 2003 and shall come into force on 28th March 2003.
(2) These Regulations extend to Scotland only.

Interpretation
2. (1) In these Regulations–
“the Act” means the Food Safety Act 1990;
“the Agency” means the Food Standards Agency;
“Regulation 104/2000” means Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products;
O.J. No. L 17, 21.1.00, p.22.
“Regulation 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 as corrected by a Corrigendum published on 12th January 2002.
O.J. No. L 278, 23.10.01, p.6.
O.J. No. L 10, 12.1.02, p.82.
(2) Any expressions used both in these Regulations and in Regulation 104/2000 or Regulation 2065/2001 have the same meaning in these Regulations as they bear in Regulation 104/2000 or Regulation 2065/2001.

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 product 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) Any person who at any stage of marketing 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.

List of commercial designations
4. (1) 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 set out in the Schedule to these Regulations, and accordingly, the commercial designations set out in the Schedule are names prescribed by law for the purposes of regulation 6(1) of the Food Labelling Regulations 1996.
S.I. 1996/1499; the only relevant amendment to which is made by S.I. 1998/1398 inserting regulation 6(4) (which defines “prescribed by law” for the purposes of regulation 6(1)).
(2) In relation to a species included both in the Schedule to these Regulations and in a list published in the English language under Article 4(2) of Regulation 104/2000 having effect in another member State of the European Community or in another part of the United Kingdom, the commercial designation for that species in the list having effect in the 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 any product to which Article 4(1) of Regulation 104/2000 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 paragraph (1) above, 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 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 within its area.

Application of various provisions of the Act
10. The following provisions of the Act shall apply for the purposes of these Regulations, and for the purposes of those provisions of Regulation 104/2000 and Regulation 2065/2001 to which these Regulations relate in like manner as they apply for the purposes of the Act, and any reference in those provisions of the Act to the Act or Part thereof shall be construed for the purposes of these Regulations as including 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 of the Act;
(d) section 30(8) (which relates to documentary evidence);
(e) section 32 (powers of entry);
(f) section 33 (obstruction etc. of officers);
(g) section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2) as applied by paragraph (f) above;
(h) section 36 (offences by bodies corporate);
(i) section 36A (offences by Scottish partnerships); and
(j) section 44 (protection of officers acting in good faith).

Revocations
11. Paragraph 1 of Schedule 1 (prescribed names of fish and shellfish) to the Food Labelling Regulations 1996 is omitted.
MARY MULLIGAN
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
5th March 2003

SCHEDULE COMMERCIAL DESIGNATIONS
Regulation 4
1. (1) Subject to sub-paragraphs (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 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) Sub-paragraph (1) of this paragraph, as read with the following Table, shall not apply to fish regulated by Council Regulation (EEC) No. 2136/89 laying down common marketing standards for preserved sardines, or Council Regulation (EEC) No. 1536/92 laying down common marketing standards for preserved tuna and bonito.
O.J. No. L 212 22.7.89 p.79.
O.J. No. L 163 17.6.92 p.1.
Column 1	Column 2
Commercial designation	Species of fish
Sea Fish
Anchovy	All species of the family Engraulidae
Barracuda	All species of Sphyraena
Barramundi	Lates calcarifer
Bass or Sea bass	Dicentrarchus labrax (L.)
Japanese sea bass	Lateolabrax japonicus
Spotted sea bass	Dicentrarchus punctatus
Southern rock bass	Paralabrax callaensis
Bigeye	All species of Priacanthus
Bluefish or Tailor	Pomatomus saltatrix
Bogue	Boops boops
Bonit	{All species of Sarda {All species of Euthynnus, with the exception of Euthynnus (Katsuwonus) pelamis {All species of Auxis
Brill	Scophthalmus rhombus (L.)
Brisling	Sprattus sprattus (L.) when canned
Catfish or Rockfish or Wolffish	All species of Anarhichas
Cobia	Rachycentron canadum
Cod or Codling	Gadus morhua
Pacific cod or Cod	Gadus macrocephalus
Greenland cod or Cod	Gadus ogac
Saffron cod	Eleginus gracilis
Red cod	Pseudophycis bachus
Blue cod	Parapercis colias
Coley or Saithe or Coalfish	Pollachius virens (L.)
Conger	All species of Conger
Croaker or Drum or Jewfish	All species of the family Sciaenidae
Dab	Limanda limanda (L.)
Yellowtail dab	Limanda ferruginea
Pacific sand dab	Citharichthys sordidus
Dogfish or Flake or Huss or Rigg or Rock Salmon or Rock Ee	{All species of Galeorhinus {All species of Mustelus {All species of Scyliorhinus {Galeus melastomus {Squalus acanthias (L.)
Dory or John Dory or St Peter’s fish	Zeus faber (L.)
Eel	All species of Anguilla
Emperor	All species of Lethrinus
Escolar or Snake Mackerel	All species of the family Gempylidae
Flounder	Platichthys flesus (L.)
Flying fish	All species of the family Exocoetidae
Greenling	Ophiodon elongatus
Grouper	{All species of Mycteroperca {All species of Epinephelus
Gurnard	{All species of the family Triglidae Peristedion cataphractum (L.)
Haddock	Melanogrammus aeglefinus (L.)
Hake	All species of Merluccius
	Alternatively, the following may be used:-
Cape hake	{Merluccius capensis {Merluccius paradoxus
White hake	Urophycis tenuis
Halibut	{Hippoglossus hippoglossus (L.) {Hippoglossus stenolepis
Black halibut or Mock halibut	Reinhardtius hippoglossoides (Walbaum)
Herring	Clupea harengus (L.)
Hilsa	Tenualosa ilisha
Hoki	Macruronus novaezelandiae
Chilean hoki	Macruronus magellanicus
Jack or Scad or Horse Mackerel or Trevall	{All species of Caranx {All species of Hemicaranx {All species of Seriola {All species of Trachurus {All species of Decapterus
Kingklip	Genypterus capensis
Ladyfish	All species of the family Elopidae
Ling	All species of Molva
Lumpfish or Lumpsucker	Cyclopterus lumpus
Mackerel	All species of Scomber
King Mackerel or Kingfish	Scomberomorus cavalla
Mahi Mahi	Coryphaena hippurus
Marlin	All species of Makaira
Megrim	All species of Lepidorhombus
Milkfish	Chanos chanos
Monk(fish) or Angler(fish	{Lophius piscatorius (L.) {Lophius americanus
Cape monk(fish) or Cape angler(fish)	Lophius vomerinus
Red Mullet	All species of Mullus
Goatfish	All other species of the family Mullidae
Grey mullet	{All species of Mugil {All species of Liza {All species of Chelon
Opah or Moonfish	All species of Lampris
Orange roughy	Hoplostethus atlanticus
Parrotfish	All species of the family Scaridae
Picarel	Spicara smaris
Pilchard	Sardina pilchardus (Walbaum)
Pacific pilchard	Sardinops sagax which has been caught in the Pacific Ocean
South Atlantic pilchard	Sardinops sagax which has been caught in the South Atlantic Ocean
Plaice	Pleuronectes platessa (L.)
American plaice	Hippoglossoides platessoides (Fabr.)
Pollack or Pollock or Lythe	Pollachius pollachius (L.)
Pacific pollack or Pacific pollock or Alaska pollack or Alaska pollock	Theragra chalcogramma (Pallas)
Pomfret or Butterfis	{All species of Brama {All species of Stromateus {All species of Pampus
Poor cod	Trisopterus minutus
Pout or Pout Whiting or Pouting or Bib	Trisopterus luscus
Rainbow runne	Elagatis bipinnulata
Redfish or Ocean perch or Rose fish	{All species of Sebastes {All species of Helicolenus
Sablefish	Anoplopoma fimbria
Sailfish	All species of Istiophorus
Sardine	Small Sardina pilchardus (Walbaum)
Sardinella	All species of Sardinella
Scabbard fish or Sabre or Sabre fish or Silver sabre or Black sabr	{Lepidopus caudatus {Aphanopus carbo
Sea bream or Porg	All species of the family Sparidae except Boops boops
Sild	{Small Clupea harengus (L.), when canned {Small Sprattus sprattus (L.), when canned
Skate or Ray or Roker	All species of Raja
Smelt or Sparling	All species of Osmerus
Snapper	All species of the family Lutjanidae
	Alternatively, the following may be used:-
Jobfish	{All species of Aphareus {All species of Aprion {All species of Pristipomoides
Snook	All species of Centropomus
Sole or Dover sole	Solea solea (L.)
Butter sole	Isopsetta isolepis
Californian sole	Parophrys vetulus
Lemon sole	Microstomus kitt (Walbaum)
Petrale sole	Eopsetta jordani
Rex sole or Long-finned sole	Glyptocephalus zachirus
Rock sole	Lepidopsetta bilineata
Pacific sole	Microstomus pacificus
Torbay sole or Witch	Glyptocephalus cynoglossus (L.)
Sprat	Sprattus sprattus (L.), except when canned
Swordfish	Xiphias gladius
Tarpon	All species of the family Megalopidae
Threadfin bream	All species of Nemipterus
Toothfish or Icefish	{Dissostichus mawsoni {Dissostichus eleginoides
Tuna or Tunny	All species of Thunnus
Skipjack tuna (or tuna)	Katsuwonus pelamis
Albacore tuna (or tuna)	Thunnus alalunga
Yellowfin tuna (or tuna)	Thunnus albacares
Bluefin tuna (or tuna)	Thunnus thynnus
Bigeye tuna (or tuna)	Thunnus obesus
Turbot	Psetta maxima
Wahoo	Acanthocybium solandri
Whitebai	{Small Clupea harengus (L.) {Small Sprattus sprattus (L.) {(except when canned)
Whiting	Merlangius merlangus (L.)
Blue whiting	Micromesistius poutassou (Risso)
Southern blue whiting	Micromesistius australis
Winter flounder	Pseudopleuronectes americanus (Walbaum)
Salmon and Freshwater Fish
Bacha	Eutropiichthys vacha
Batashi	Pseudeutropius atherinoides
Carp	All species of the family Cyprinidae
	Alternatively the following may be used:-
Mowrala	Amblypharyngodon mola
Banspata	Danio devario
Bata	Labeo bata
Kalibous	Labeo calbasu
Ghania	Labeo gonius
Ruhi	Labeo rohita
Punti	Puntius sarana
Chelapata	Salmostoma bacaila
Catfish or American catfish or Channel catfish	All species of the family Ictaluridae
Catfish	{All species of the family Clariidae {All species of the family Siluridae {All species of the family Bagridae
	Alternatively the following may be used:-
Magur	Clarias batrachus
Gulsha	Mystus bleekeri
Buzuri	Mystus tengara
Tengra	Mystus vittatus
Pabda	Ompok pabda
Ayre	Sperata aor
Boal	Wallago attu
Chapila	Gudusia chapra
Char	All species of Salvelinus
Kakila	Xenentodon cancila
Keski	Corica soborna
Khalisha	Colisa fasciatus
Koi	Anabas testudineus
Largebaim	Mastacembelus armatus
Meni	Nandus nandus
Nile Perch	Lates niloticus
Pacific dory or Vietnamese sole	Pangasius bocourti
Patabaim	Macrognathus aculeatus
Queen fis	Botia dario
River cobbler	{Pangasius micronemus {Pangasius hypophthalmus
Salmon or Atlantic salmon	Salmo salar (L.)*
Cherry salmon or Pacific salmon	Oncorhynchus masou masou*
Chum salmon or Keta salmon	Oncorhynchus keta (Walbaum)*
Medium red salmon or Coho salmon or Silver salmon	Oncorhynchus kisutch (Walbaum)*
Pink salmon	Oncorhynchus gorbuscha (Walbaum)*
Red salmon or Sockeye salmon	Oncorhynchus nerka (Walbaum)*
Spring salmon or King salmon or Chinook salmon or Pacific salmon	Oncorhynchus tshawytscha (Walbaum)*
Shol	Channa striata
Tak	Channa punctata
Tilapia	{All species of Tilapia {All species of Oreochromis
Trout or Brown trout	Salmo trutta trutta (L.) which has spent all of its life in fresh water
Sea trout or Salmon trout	Salmo trutta trutta (L.) which has spent part of its life in sea water
Cut-throat trout or trout	Oncorhynchus clarki clarki
Rainbow trout or Steelhead trout or trout	Oncorhynchus mykiss
Shellfish
Abalone or Ormer	All species of Haliotis
Clam or Hard shell cla	{Mercenaria mercenaria (L.) {Venus verrucosa (L.)
Clam or Razor clam	All species of Ensis and Solen
Geoduck or Geoduck clam	Panopea abrupta
Surf clam	All species of Spisula
Cockle	All species of Cerastoderma
Crab	{All species of the order Brachyura {All species of the family Lithodidae
Crayfish	{All species of the family Astacidae {All species of the family Parastacidae {All species of the family Austroastacidae {All species of the family Cambaridae
Cuttlefish	{All species of Sepia {Rossia macrosoma
Lobster	All species of Homarus
Slipper lobster	All species of the family Scyllaridae
Squat lobster	All species of the family Galatheidae
Crawfish or Spiny lobster or Rock lobster	{All species of Panulirus {All species of Palinurus {All species of Jasus
Indian ocean lobster	Puerulus sewelli
Mussel	All species of the family Mytilidae
Octopus	All species of Octopus
Oyster	{All species of Crassostrea {All species of Ostrea
Oyster or Portuguese oyster	Crassostrea angulata (Lmk.)
Oyster or Pacific oyster or Rock oyster	Crassostrea gigas (Thunberg)
Oyster or Native oyster	Ostrea edulis (L.)
Prawn or Shrimp	{Whole fish (of a size which, when cooked, have a count of less than 397 per kg) or tails (of a size which, when peeled and cooked, have a count of less than 1,323 per kg) of– {all species of the family Palaemonidae, {all species of the family Penaeidae, and {all species of the family Pandalidae
King prawn	{All species of the family Palaemonidae {All species of the family Penaeidae {where the count is less than {123 per kg (head on/shell on) or less than {198 per kg (head off/shell on) or less than {242 per kg (head off/shell off)
Tiger prawn	{Penaeus monodon {Penaeus semisulcatus {Penaeus esculentus {Penaeus kerathurus {Penaeus japonicus {Parapenaeopsis hardwickii {Parapenaeopsis sculptilis
Scallop or King scallop	Pecten maximus
Atlantic scallop or Scallop	Placopecten magellanicus
Queen scallop or Queen or Scallop	Chlamys (Aequipecten) opercularis
Scallop or Common scallop	All species of the family Pectinidae
Scampi or Norway lobster or Dublin Bay prawn or Langoustine	Nephrops norvegicus (L.)
Pacific scampi	{Metanephrops andamanicus {Metanephrops challengeri {Metanephrops thomsoni
Shrimp	{Whole fish (of a size which, when cooked, have a count of 397 per kg or more) or tails (of a size which, when peeled and cooked, have a count of 1,323 per kg or more) of– {all species of the family Palaemonidae, {all species of the family Penaeidae, and {all species of the family Pandalidae
Shrimp or Pink shrimp	Pandalus montagui
Shrimp or Brown shrim	All species of Crangon
Squid	{All species of Loligo {All species of Illex {Ommastrephes sagittatus
Arrow squid	{Nototodarus sloani {Nototodarus gouldi
Whelk	All species of Buccinum
Winkle	All species of Littorina

(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.