Weighing procedures for herring, mackerel and horse mackerel
4.—(1) Subject to article 5, where a fishing boat lands in excess of 10 tonnes of herring, mackerel or horse mackerel or a combination thereof within Scotland, the buyer, the agent of the buyer or the holder of the fish shall weigh the fish landed in accordance with paragraph (2) or (3) prior to the fish being sorted, processed, held in cold storage, transported from the port of landing or resold.
(2) Fish referred to in paragraph (1) which are fresh shall be weighed using a pelagic weighing system which has been–
(a)approved for fisheries control purposes by the Scottish Ministers under article 3(2); or
(b)passed as fit for trade use in accordance with regulation 15 of the Weighing Equipment (Beltweighers) Regulations 2001(1).
(3) Fish referred to in paragraph (1) which are frozen shall be weighed in accordance with Article 11 of the Commission Regulation.
(4) Where a buyer, agent of a buyer or a holder of the fish fails to comply with paragraph (1) or (2) or (3) that person is guilty of an offence.
S.I. 2001/1208.