The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998

Placing fishery products on the market

36.—(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—

(i) Schedule 4, or

(ii) any law in force in Northern Ireland, the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by the Fishing Vessels Directive,

have been satisfied in relation to those fishery products;

(b) if they have been handled on board a British Islands factory vessel, the applicable requirements of—

(i) Chapter I of Schedule 3, or

(ii) any law in force in Northern Ireland, the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by Chapter I of the Annex to the Fishery Products Directive,

have been satisfied in relation to those fishery products;

(c) if they were landed in the British Islands, during and after landing the applicable requirements of—

(i) Chapter II of Schedule 3, or

(ii) any law in force in Northern Ireland, the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by Chapter II of the Annex to the Fishery Products Directive,

have been satisfied in relation to those fishery products;

(d) where gutting of those fishery products is or was possible from a technical and commercial viewpoint, gutting was carried out as quickly as possible after the products were caught or landed;

(e) at an establishment 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—

(i) Chapters III and IV of Schedule 3, or

(ii) any law in force in Northern Ireland, the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by Chapters III and IV of the Annex to the Fishery Products Directive;

(f) they—

(i) in Great Britain, have been subject to such of the health control and monitoring of production conditions described in Chapter V of Schedule 3 as is appropriate in the particular circumstances of the case, or

(ii) in Northern Ireland, the Channel Islands or the Isle of Man, have been subject to such of the health control and monitoring of production conditions described in Chapter V of the Annex to the Fishery Products Directive, as provided for in any law in force in Northern Ireland, the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by that Chapter, 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;

(g) they have been appropriately packaged in accordance with Chapter VI of Schedule 3;

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

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

(ii) which, if they comprise or form part of a consignment which has been given an identification mark in accordance with any law in force in another EEA State, Northern Ireland, the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by Chapter VII of the Annex to the Fishery Products Directive, is in accordance with that law,

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

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

(i) except at cold stores where only the handling of packaged products takes place, they have been stored and transported in accordance with Chapter VIII of Schedule 3;

(j) if they are imported products, prior to importation the requirements specified in regulations 42 and 43 which are applicable to his case are satisfied in relation to those fishery products;

(k) any additional requirements in regulations 37 and 38 which are applicable to his case are satisfied in relation to those fishery products.

(2) Paragraph (1)(a) to (c) shall not apply to aquaculture products.