The Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994

2.  For regulation 3 of the principal Regulations, there shall be substituted the following regulation—

Placing fishery products on the market

3.— (1) Subject to paragraph (2), no person shall place on the market for human consumption any fishery products, unless—

(a) if they have been handled on board a British Islands fishing vessel, the applicable requirements of the Fishing Vessels Directive, as provided for in—

(i) the Food Safety (Fishery Products on Fishing Vessels) Regulations 1992(1),

(ii) The Food Safety (Fishery Products on Fishing Vessels) Regulations (Northern Ireland) 1993(2), or

(iii) any law passed by the legislature of any of the Channel Islands or of the Isle of Man which is intended to give effect to the results to be achieved by that Directive, in so far as it applies to those islands,

are satisfied in relation to those fishery products which he places on the market;

(b) if they have been handled on board a British Islands factory vessel, the applicable requirements of the Annex and the Council and Commission Decisions, as provided for in—

(i) Chapter I of the Schedule to the Food Safety (Fishery Products) (Derogations) Regulations 1992,

(ii) Chapter I of the Schedule to the Food Safety (Fishery Products) (Derogations) Regulations (Northern Ireland) 1992(3), or

(iii) any law passed by the legislature of any of the Channel Islands or of the Isle of Man which is intended to give effect to the results to be achieved in relation to the conditions applicable to factory vessels by that Annex and those Decisions, in so far as they apply to those islands,

are satisfied in relation to those fishery products which he places on the market;

(c) if they were landed in the British Islands, during and after landing the applicable requirements of the Annex which relate to landings, as provided for in—

(i) Chapter II of the Schedule to the Food Safety (Fishery Products) (Derogations) Regulations 1992, or

(ii) Chapter II of the Schedule to the Food Safety (Fishery Products) (Derogations) Regulations (Northern Ireland) 1992, or

(iii) any law passed by the legislature of any of the Channel Islands or of the Isle of Man which is intended to give effect to the results to be achieved in relation to landing requirements by that Annex, in so far as it applies to those islands,

are satisfied in relation to those fishery products which he places on the market;

(d) at establishments on land in the British Islands, they have been handled and, where appropriate, packaged, prepared, processed, frozen, defrosted, stored hygienically and inspected in accordance with the applicable requirements of Chapters III and IV of the Annex and of the Council and Commission Decisions, as provided for in—

(i) Chapters III and IV of the Schedule to the Food Safety (Fishery Products) (Derogations) Regulations 1992,

(ii) Chapters III and IV of the Schedule to the Food Safety (Fishery Products) (Derogations) Regulations (Northern Ireland) 1992, or

(iii) any law passed by the legislature of any of the Channel Islands or of the Isle of Man which is intended to give effect to the results to be achieved by those Chapters of that Annex and those Decisions, in so far as they apply to those islands;

(e) they—

(i) in Great Britain, have been subject to such of the health control and monitoring described in Schedule 1 as is appropriate in the particular circumstances of the case,

(ii) if they have been in Northern Ireland, have been subject to such of the health control and monitoring described in Schedule 1 to the Food Safety (Fishery Products) Regulations (Northern Ireland) 1993(4) as is appropriate in the particular circumstances of the case, or

(iii) if they have been in the Channel Islands or the Isle of Man, have been subject to such of the health control and monitoring described in Chapter V of the Annex, as provided for in any law passed by the legislature of any of the Channel Islands or of the Isle of Man which is intended to give effect to the results to be achieved by that Chapter, in so far as it applies to those islands and as is appropriate in the particular circumstances of the case,

unless the competent authority authorised the transfer of those fishery products ex quay to an approved establishment or registered auction or wholesale market to be checked there, in which case a check on the conditions of landing is not required;

(f) they shall have been appropriately packaged in accordance with Schedule 2;

(g) they comprise or form part of a consignment which bears an identification mark—

(i) unless head (ii), (iii) or (iv) applies, which is in accordance with Schedule 3,

(ii) which, if they comprise or form part of a consignment which has been given an identification mark in accordance with Schedule 3 of the Food Safety (Fishery Products) Regulations (Northern Ireland) 1993, is in accordance with that Schedule,

(iii) which, if they comprise or form part of a consignment which has been given an identification mark in accordance with any law of another EEA State, the Isle of Man or the Channel Islands, and that law is intended to give effect to the results to be achieved by Chapter VII of the Annex, in so far as it applies to those territories, is in accordance with that law,

(iv) which, if those fishery products originate in a country in respect of which the European Commission has adopted approved import conditions, is in accordance with those approved import conditions,

but an identification mark is not required in relation to fishery products which have been landed in a third country in respect of which the European Commission has not adopted any approved import conditions;

(h) they have been stored and transported under satisfactory conditions of hygiene, in accordance with Schedule 4;

(i) if they are imported products, prior to importation such of the requirements specified in regulations 3 and 4 of the Import Conditions Regulations as are applicable to his case are satisfied in relation to those fishery products which he places on the market; and

(j) any additional requirements contained in regulations 4 to 7 which relate to those fishery products are satisfied in relation to those products which he places on the market.

(2) Sub-paragraphs (a) to (c) of paragraph (1) shall not apply to aquaculture products or to processed bivalve molluscs or other shellfish.”.

(1)

S.I. 1992/3165.

(2)

S.R. 1993 No. 53.

(3)

S.R. 1993 No. 296.

(4)

S.R. 1993 No. 51.