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:

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 ;
- “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 .
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 .
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.
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.
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.
O.J. No. L 17, 21.1.00, p.22.
O.J. No. L 278, 23.10.01, p.6.
O.J. No. L 10, 12.1.02, p.82.
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)).
O.J. No. L 212 22.7.89 p.79.
O.J. No. L 163 17.6.92 p.1.