Statutory Instruments
Food, England
Made
23rd February 2010
Laid before Parliament
1st March 2010
Coming into force
6th April 2010
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1)(e) and (f), 17(2), 26(3) and 48(1) of the Food Safety Act 1990(1) and now vested in him(2).
In accordance with section 48(4A) of that Act, he has had regard to relevant advice given by the Food Standards Agency.
As required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
1. These Regulations may be cited as the Fish Labelling (England) Regulations 2010, apply in relation to England only and come into force on 6th April 2010.
2. In these Regulations –
“Regulation 104/2000” means Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products(4);
“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(5),
and any expressions used in these Regulations and in Regulation 104/2000 or Regulation 2065/2001 have the same meaning as in those Regulations.
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 of the products 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 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.
4.—(1) As regards England, 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 that set out in the table in the Schedule to these Regulations as read with the notes to it, and accordingly, the commercial designations set out in that Schedule are names prescribed by law for the purposes of regulations 6(1), 7 and 8(a) of the Food Labelling Regulations 1996 in so far as they apply in relation to England(6).
(2) In relation to a species included both in the Schedule to these Regulations and in a list published in English under Article 4.2 of Regulation 104/2000 having effect in another Member State or another part of the United Kingdom, the commercial designation for that species in the list having effect in that 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 and shall be names prescribed by law for the purposes set out in paragraph (1).
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 a product to which that Article applies without the product being marked or labelled with the production method.
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 Euros for each purchase.
(2) For the purposes of this regulation, the reference to 20 Euros shall be taken to be a reference to the sterling equivalent of that number of Euros, 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.
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.
8.—(1) For the purposes of Article 2 of Regulation 2065/2001 (provisional commercial designations), the Food Standards Agency shall be the competent authority.
(2) The Food Standards Agency shall draw up and publish a list of provisional commercial designations laid down pursuant to Article 2.
9. Each food authority shall enforce and execute these Regulations in its area.
10. The following provisions of the Food Safety Act 1990 (“the Act”) shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of the Act shall be construed as 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)(7) with the modification that subsections (2) to (4) apply in relation to an offence under regulation 3(1) as they apply in relation to an offence under section 14 or 15;
(d)section 30(8) (which relates to documentary evidence);
(e)section 33(1) (obstruction etc of officers);
(f)section 33(2) with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (e);
(g)section 35(1) (punishment of offences)(8) insofar as it relates to offences under section 33(1) as applied by sub-paragraph (e);
(h)section 35(2) and (3)(9) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (f);
(i)section 36 (offences by bodies corporate);
(j)section 36A (offences by Scottish partnerships)(10); and
(k)section 44 (protection of officers acting in good faith).
11. The following Regulations are revoked -
(a)The Fish Labelling (England) Regulations 2003(11); and
(b)The Fish Labelling (Amendment) (England) Regulations 2006(12).
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
23rd February 2010
Regulation 4
1. Subject to paragraphs 2 and 3, 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.
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 Table is followed by an asterisk. In such cases the name used for the food when the fish is smoked shall be a name specified for that species in column 1 of the said Table preceded by the word “smoked”.
3. Paragraph 1, as read with the Table, shall not apply to fish regulated by Council Regulation (EEC) No 2136/89 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products(13) (as amended by Commission Regulation (EC) No. 1181/2003(14) and Commission Regulation (EC) No. 1345/2008(15)) or Council Regulation (EEC) No. 1536/92 laying down common marketing standards for preserved tuna and bonito(16).
Column 1 Commercial designation | Column 2 Species of fish |
|---|---|
| Sea Fish | |
| African sole | Solea senegalensis |
| Alaska plaice | Pleuronectes quadrituberculatus |
| Alaska pollack or Alaska pollock or Pacific pollack or Pacific pollock | Theragra chalcogramma |
| Alaska pollock – see entry for Alaska Pollack or Alaska pollock or Pacific pollack or Pacific pollock | |
| Albacore tuna - see entry for Tuna or Tunny | |
| Amberjack – see entry for Horse Mackerel or Jack or Scad or Trevally | |
| American plaice | Hippoglossoides platessoides |
| Anchovy | All species of the family Engraulidae |
| Angler(fish) or Monk(fish) | Lophiodes caulinaris |
| Lophius americanus | |
| Lophius budegassa | |
| Lophius piscatorius | |
| Argentine | All species of the family Argentinidae |
| Arrowtooth flounder | Atheresthes stomias |
| Barracuda | All species of Sphyraena |
| Barramundi | Lates calcarifer |
| Basking shark – see entry for Shark | |
| Bass or Sea bass | Dicentrarchus labrax |
| Bib or Pout or Pouting or Pout whiting | Trisopterus luscus |
| Bigeye | All species of Priacanthus |
| Bigeye tuna – see entry for Tuna or Tunny | |
| Black bream or Black seabream | Spondyliosoma cantharus |
| Black halibut or Greenland halibut or Mock halibut | Reinhardtius hippoglossoides |
| Black oreo – see entry for Oreo | |
| Black sabre – see entry for Cutlassfish or Ribbonfish or Scabbard fish | |
| Black scabbard fish – see entry for Cutlassfish or Ribbonfish or Scabbard fish | |
| Black scorpionfish or Racasse | Scorpaena porcus |
| Black seabream – see entry for Black bream or Black seabream | |
| Blacktip shark – see entry for Shark | |
| Blue cod | Parapercis colias |
| Bluefin tuna – see entry for Tuna or Tunny | |
| Bluefish or Tailor | Pomatomus saltatrix |
| Blue ling | Molva dypterygia |
| Blue shark – see entry for Shark | |
| Blue whiting | Micromesistius poutassou |
| Bogue | Boops boops |
| Bombay duck | Harpadon nehereus |
| Bonito | All species of Auxis |
| All species of Euthynnus, with the exception of Euthynnus (Katsuwonus) pelamis | |
| All species of Sarda | |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Bullet tuna or Melva | Auxis rochei |
| Brill | Scophthalmus rhombus |
| Brisling | Sprattus sprattus when canned |
| Note also entries for Sild, Sprat and Whitebait | |
| Bullet tuna – see entry for Bonito | |
| Butterfish or Pomfret | All species of Brama |
| All species of Pampus | |
| All species of Stromateus | |
| Butter sole | Isopsetta isolepis |
| Californian sole | Parophrys vetulus |
| Cape angler(fish) or Cape monk(fish) | Lophius vomerinus |
| Cape hake – see entry for Hake | |
| Cape monk(fish) – see entry for Cape angler(fish) or Cape monk(fish) | |
| Catfish or Rockfish or Wolffish | All species of Anarhichas |
| Chilean hoki | Macruronus magellanicus |
| Coalfish or Coley or Saithe | Pollachius virens |
| Cobia | Rachycentron canadum |
| Cod | Gadus macrocephalus |
| Gadus morhua | |
| Gadus ogac | |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Codling | Gadus morhua |
| Greenland cod | Gadus ogac |
| Pacific cod | Gadus macrocephalus |
| Codling – see entry for Cod | |
| Coley – see entry for Coalfish or Coley or Saithe | |
| Conger | All species of Conger |
| Croaker or Drum or Jewfish | All species of the family Sciaenidae |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Meagre | Argyrosomus regius |
| Mulloway or Southern meagre | Argyrosomus hololepidotus |
| Cutlassfish or Ribbonfish or Scabbard fish | All species of family Trichiuridae |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Black sabre or Black scabbard fish | Aphanopus carbo |
| Sabre or Sabre fish or Silver sabre | Lepidopus caudatus |
| Dab | Limanda limanda |
| Doctor fish or Surgeon fish or Tang | All species of the family Acanthuridae |
| Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon | All species of Galeorhinus |
| All species of Mustelus | |
| All species of Scyliorhinus | |
| Galeus melastomus | |
| Squalus acanthias | |
| Dory or John Dory or St Peter’s fish | Zeus faber |
| Dover sole or Sole | Solea solea |
| Drum – see entry for Croaker or Drum or Jewfish | |
| Eel | All species of Anguilla |
| Emperor | All species of Lethrinus |
| Escolar or Snake mackerel | All species of the family Gempylidae |
| Flake – see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon | |
| Flathead | All species of the family Platycephalidae |
| Flathead sole | Hippoglossoides elassodon |
| Flounder | Platichthys flesus |
| Flying fish | All species of the family Exocoetidae |
| Garfish or Needlefish | All seafish species of the family Belonidae |
| Goatfish or Red mullet | All species of the family Mullidae |
| Greenland cod – see entry for Cod | |
| Greenland halibut – see entry for Black halibut or Greenland halibut or Mock halibut | |
| Greenling | Ophiodon elongatus |
| Grey mullet | All species of the family Mugilidae |
| Grouper | All species of Epinephelus |
| All species of Mycteroperca | |
| Gurnard | All species of the family Triglidae |
| Peristedion cataphractum | |
| Haddock | Melanogrammus aeglefinus |
| Hake | All species of Merluccius |
| The following commercial designation may also be used in relation to fish of the species listed against it in Column 2: | |
| Cape hake | Merluccius capensis |
| Merluccius paradoxus | |
| Halfbeak | All species of the family Hemiramphidae |
| Halibut | Hippoglossus hippoglossus |
| Hippoglossus stenolepis | |
| Herring | Clupea harengus |
| Note also entries for Sild and Whitebait | |
| Hilsa | Tenualosa ilisha |
| Hoki | Macruronus novaezelandiae |
| Horse mackerel or Jack or Scad or Trevally | All species of Caranx |
| All species of Decapterus | |
| All species of Hemicaranx | |
| All species of Seriola | |
| All species of Trachurus | |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Amberjack or Yellowtail | Seriola lalandi |
| Huss – see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon | |
| Icefish or Toothfish | Dissostichus eleginoides |
| Dissostichus mawsoni | |
| Indian halibut | Psettodes erumei |
| Indian mackerel | All species of Rastrelliger |
| Jack – see entry for Horse mackerel or Jack or Scad or Trevally | |
| Japanese sea bass | Lateolabrax japonicus |
| Jewfish – see entry for Croaker or Drum or Jewfish | |
| Jobfish – see entry for Snapper | |
| John Dory – see entry for Dory or John Dory or St Peter’s fish | |
| Kingfish or Spanish mackerel | All species of Scomberomorus |
| The following commercial designations may also be used in relation to fish of the species listed against them in column 2: | |
| King mackerel | Scomberomorus cavalla |
| Pacific sierra or Sierra mackerel | Scomberomorus sierra |
| Kingklip | Genypterus capensis |
| King mackerel – see entry for Kingfish or Spanish mackerel | |
| Ladyfish | All species of the family Elopidae |
| Leatherjacket or Unicorn fish | Aluterus monoceros |
| Leerfish | Lichia amia |
| Lemon sole | Microstomus kitt |
| Ling | All species of Molva except Molva dypterygia |
| Longfin codling | Laemonema longipes |
| Long-finned sole or Rex sole | Glyptocephalus zachirus |
| Lumpfish or Lumpsucker | Cyclopterus lumpus |
| Lumpsucker – see entry for Lumpfish or Lumpsucker | |
| Lythe or Pollack or Pollock | Pollachius pollachius |
| Mackerel | All species of Scomber |
| Mahi Mahi | Coryphaena hippurus |
| Marlin | All species of Makaira |
| Meagre – see entry for Croaker or Drum or Jewfish | |
| Megrim | All species of Lepidorhombus |
| Melva – see entry for Bonito | |
| Milkfish | Chanos chanos |
| Mock halibut – see entry for Black halibut or Greenland halibut or Mock halibut | |
| Monk(fish) – see entry for Angler (fish) or Monk(fish) | |
| Moonfish or Opah | All species of Lampris |
| Mulloway – see entry for Croaker or Drum or Jewfish | |
| Needlefish – see entry for Garfish or Needlefish | |
| Northern rock sole | Lepidopsetta polyxystra |
| Ocean perch or Redfish or Rose fish | All species of Helicolenus |
| All species of Sebastes | |
| Opah – see entry for Moonfish or Opah | |
| Orange roughy | Hoplostethus atlanticus |
| Oreo | Allocyttus niger |
| Pseudocyttus maculatus | |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Black oreo | Allocyttus niger |
| Smooth oreo | Pseudocyttus maculatus |
| Oriental bluefin tuna - see entry for Tuna or Tunny | |
| Pacific angler(fish) or Pacific monk(fish) | Lophius litulon |
| Pacific bluefin tuna – see entry for Tuna or Tunny | |
| Pacific cod - see entry for Cod | |
| Pacific monk(fish) – see entry for Pacific angler(fish) or Pacific monk(fish) | |
| Pacific pilchard | Sardinops sagax that has been caught in the Pacific Ocean |
| Pacific pollack – see entry for Alaska pollack or Alaska pollock or Pacific pollack or Pacific pollock | |
| Pacific pollock – see entry for Alaska pollack or Alaska pollock or Pacific pollack or Pacific pollock | |
| Pacific sand dab | Citharichthys sordidus |
| Pacific sierra – see entry for Kingfish or Spanish mackerel | |
| Pacific sole | Microstomus pacificus |
| Parrotfish | All species of the family Scaridae |
| Patagonian icefish | Patagonotothen ramsayi |
| Peruvian moonfish | Selene peruviana |
| Petrale sole | Eopsetta jordani |
| Picarel | Spicara smaris |
| Pilchard | Sardina pilchardus |
| Note also entry for Sardine | |
| Plaice | Pleuronectes platessa |
| Pollack – see entry for Lythe or Pollack or Pollock | |
| Pollock – see entry for Lythe or Pollack or Pollock | |
| Pomfret – see entry for Butterfish or Pomfret | |
| Ponyfish or Thirali | All species of the family Leiognathidae |
| Poor cod | Trisopterus minutus |
| Porbeagle – see entry for Shark | |
| Porgy or Sea bream | All species of the family Sparidae except Boops boops |
| Pout – see entry for Bib or Pout or Pouting or Pout whiting | |
| Pouting – see entry for Bib or Pout or Pouting or Pout whiting | |
| Pout whiting – see entry for Bib or Pout or Pouting or Pout whiting | |
| Rabbitfish | All species of the family Siganidae |
| Racasse – see entry for Black scorpionfish or Racasse | |
| Rainbow runner | Elagatis bipinnulata |
| Ray or Skate | All species of the family Rajidae |
| The following commercial designation may also be used in relation to fish listed against it in Column 2: | |
| Roker | Raja clavata |
| Red cod | Pseudophycis bachus |
| Redfish – see entry for Ocean perch or Redfish or Rose fish | |
| Red mullet – see entry for Goatfish or Red mullet | |
| Rex sole – see entry for Long-finned sole or Rex sole | |
| Ribbonfish – see entry for Cutlassfish or Ribbonfish or Scabbard fish | |
| Rigg –see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon | |
| Rock eel –see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon | |
| Rockfish – see entry for Catfish or Rockfish or Wolffish | |
| Rock salmon – see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon | |
| Rock sole | Lepidopsetta bilineata |
| Roker – see entry for Ray or Skate | |
| Rose fish – see entry for Ocean perch or Redfish or Rose fish | |
| Sablefish | Anoplopoma fimbria |
| Sabre - see entry for Cutlassfish or Ribbonfish or Scabbard fish | |
| Sabre fish – see entry for Cutlassfish or Ribbonfish or Scabbard fish | |
| Saffron cod | Eleginus gracilis |
| Sailfish | All species of Istiophorus |
| St Peter’s fish – see entry for Dory or John Dory or St Peter’s fish | |
| Saithe – see entry for Coalfish or Coley or Saithe | |
| Sandbar shark – see entry for Shark | |
| Sand smelt or Silverside | All species of the family Atherinidae |
| Sardine | Small Sardina pilchardus |
| Note also entry for Pilchard | |
| Sardinella | All species of Sardinella |
| Scabbard fish – see entry for Cutlassfish or Ribbonfish or Scabbard fish | |
| Scad – see entry for Horse mackerel or Jack or Scad or Trevally | |
| Sea bass – see entry for Bass or Sea bass | |
| Sea bream – see entry for Porgy or Sea bream | |
| Sea catfish | All species of the family Ariidae |
| Shark | Carcharhinus falciformis |
| Carcharhinus limbatus | |
| Carcharhinus plumbeus | |
| Cetorhinus maximus | |
| Isurus oxyrinchus | |
| Lamna nasus | |
| Prionace glauca | |
| Rhincodon typus | |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Basking shark | Cetorhinus maximus |
| Blacktip shark | Carcharhinus limbatus |
| Blue shark | Prionace glauca |
| Porbeagle | Lamna nasus |
| Sandbar shark | Carcharhinus plumbeus |
| Shortfin mako or Shortfin mako shark | Isurus oxyrinchus |
| Silky shark | Carcharhinus falciformis |
| Whale shark | Rhincodon typus |
| Shortfin mako – see entry for Shark | |
| Shortfin mako shark – see entry for Shark | |
| Sierra mackerel – see entry for Kingfish or Spanish mackerel | |
| Sild | Small Clupea harengus, when canned |
| Small Sprattus sprattus, when canned | |
| Note also entries for Brisling, Herring, Sprat and Whitebait | |
| Silky shark – see entry for Shark | |
| Sillago | All species of the family Sillaginidae |
| Silver sabre – see entry for Cutlassfish or Ribbonfish or Scabbard fish | |
| Silverside – see entry for Sand smelt or Silverside | |
| Skate – see entry for Ray or Skate | |
| Skipjack tuna or Tuna | Euthynnus (Katsuwonus) pelamis |
| Note also entry for Tuna or Tunny | |
| Small sandeel | Ammodytes tobianus |
| Smelt or Sparling | All species of Osmerus |
| Smooth oreo – see entry for Oreo or Smooth oreo | |
| Snake mackerel – see entry for Escolar or Snake mackerel | |
| Snapper | All species of the family Lutjanidae |
| The following commercial designation may also be used in relation to fish of the species listed against it in Column 2: | |
| Jobfish | All species of Aphareus |
| All species of Aprion | |
| All species of Pristipomoides | |
| Snook | All species of Centropomus |
| Soldier fish or Squirrel fish | All species of the family Holocentridae |
| Sole – see entry for Dover sole or Sole | |
| South Atlantic pilchard | Sardinops sagax that has been caught in the South Atlantic Ocean |
| Southern blue whiting | Micromesistius australis |
| Southern bluefin tuna – see entry for Tuna or Tunny | |
| Southern meagre – see entry for Croaker or Drum or Jewfish | |
| Southern rock bass | Paralabrax callaensis |
| Spadefish | All species of the family Ephippidae |
| Spanish mackerel – see entry for Kingfish or Spanish mackerel | |
| Sparling – see entry for Smelt or Sparling | |
| Speckled flounder | Paralichthys woolmani |
| Spottail spiny turbot or Spottail turbot | Psettodes belcheri |
| Spottail turbot – see entry for Spottail spiny turbot or Spottail turbot | |
| Spotted sea bass | Dicentrarchus punctatus |
| Sprat | Sprattus sprattus, except when canned |
| Note also entries for Brisling, Sild and Whitebait | |
| Squirrel fish – see entry for Soldier fish or Squirrel fish | |
| Stargazer | All species of the family Uranoscopidae |
| Striped bass | Morone saxatilis |
| Surgeon fish – see entry for Doctor fish or Surgeon fish or Tang | |
| Swordfish | Xiphias gladius |
| Tailor – see entry for Bluefish or Tailor | |
| Tang – see entry for Doctor fish or Surgeon fish or Tang | |
| Tarpon | All species of the family Megalopidae |
| Thirali – see entry for Ponyfish or Thirali | |
| Threadfin | Polynemus tetradactylum |
| Threadfin bream | All species of Nemipterus |
| Toothfish – see entry for Icefish or Toothfish | |
| Torbay sole or Witch | Glyptocephalus cynoglossus |
| Torpedo sand perch | Diplectrum maximum |
| Trevally – see entry for Horse mackerel or Jack or Scad or Trevally | |
| Tuna or Tunny | All species of Thunnus |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Albacore tuna | Thunnus alalunga |
| Bigeye tuna | Thunnus obesus |
| Bluefin tuna | Thunnus thynnus |
| Oriental bluefin tuna or Pacific bluefin tuna | Thunnus orientalis |
| Southern bluefin tuna | Thunnus maccoyii |
| Yellowfin tuna | Thunnus albacares |
| Note also entry for Skipjack tuna or Tuna | |
| Tunny – see entry for Tuna or Tunny | |
| Turbot | Psetta maxima |
| Unicorn fish – see entry for Leatherjacket or Unicorn fish | |
| Wahoo | Acanthocybium solandri |
| Weever | All species of the family Trachinidae |
| Whale shark – see entry for Shark | |
| Whitebait | Small Clupea harengus |
| Small Sprattus sprattus (except when canned) | |
| Note also entries for Brisling, Herring, Sild and Sprat | |
| White hake | Urophycis tenuis |
| Whiting | Merlangius merlangus |
| Winter flounder | Pseudopleuronectes americanus |
| Witch – see entry for Torbay sole or Witch | |
| Wolffish – see entry for Catfish or Rockfish or Wolffish | |
| Wolf herring | Chirocentrus dorab |
| Wrasse | All species of the family Labridae |
| Yellowfin sole | Limanda aspera |
| Yellowfin tuna – see entry for Tuna or Tunny | |
| Yellowstripe scad | Sellaroides leptolepis |
| Yellowtail – see entry for Horse mackerel or Jack or Scad or Trevally | |
| Yellowtail dab or Yellowtail flounder | Limanda ferruginea |
| Yellowtail flounder – see entry for Yellowtail dab or Yellowtail flounder | |
| Salmon and Freshwater Fish | |
| American catfish – see entry for Catfish | |
| Arctic cisco or Pollan | Coregonus autumnalis |
| Atlantic salmon or Salmon | Salmo salar* |
| Ayre – see entry for Catfish | |
| Bacha | Eutropiichthys vacha |
| Banspata – see entry for Carp | |
| Barbel – see entry for Carp | |
| Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’ | All species of the family Pangasiidae |
| The following commercial designation may also be used in relation to fish of the species listed against it in Column 2: | |
| Royal basa | Pangasianodon bocourti |
| Basa catfish – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’ | |
| Bata – see entry for Carp | |
| Batashi | Pseudeutropius atherinoides |
| Boal – see entry for Catfish | |
| Brown trout – see entry for Trout | |
| Buzuri – see entry for Catfish | |
| Cachama or Tambaqui | Colossoma macroponum |
| Carp | All species of the family Cyprinidae |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Banspata | Danio devario |
| Barbel | Barbus barbus |
| Bata | Labeo bata |
| Chelapata | Salmostoma bacaila |
| Freshwater bream | Abramis brama |
| Ghania | Labeo gonius |
| Kalibous | Labeo calbasu |
| Mowrala | Amblypharyngodon mola |
| Punti | Puntius sarana |
| Roach | Rutilus rutilus |
| Rohu or Ruhi | Labeo rohita |
| Tench | Tinca tinca |
| Catfish | All species of the family Bagridae |
| All species of the family Clariidae | |
| All species of the family Ictaluridae | |
| All species of the family Pimelodidae | |
| All species of the family Siluridae | |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| American catfish or Channel catfish | All species of the family Ictaluridae |
| Ayre | Sperata aor |
| Boal | Wallago attu |
| Buzuri | Mystus tengara |
| Gulsha | Mystus bleekeri |
| Magur | Clarias batrachus |
| Pabda | Ompok pabda |
| Tengra | Mystus vittatus |
| Channel catfish – see entry for Catfish | |
| Chapila | Gudusia chapra |
| Char | All species of Salvelinus |
| Chelapata – see entry for Carp | |
| Cherry salmon – see entry for Pacific salmon | |
| Chinook salmon – see entry for Pacific salmon | |
| Chum salmon – see entry for Pacific salmon | |
| Coho salmon – see entry for Pacific salmon | |
| Cut-throat trout – see entry for Trout | |
| Dry star baim or Largebaim or Patabaim | All species of the family Mastacembelidae |
| Freshwater bream – see entry for Carp | |
| Ghania – see entry for Carp | |
| Gulsha – see entry for Catfish | |
| Kakila | Xenentodon cancila |
| Kalibous – see entry for Carp | |
| Keski | Corica soborna |
| Keta salmon – see entry for Pacific salmon | |
| Khalisha | Colisa fasciatus |
| King salmon – see entry for Pacific salmon | |
| Koi | Anabas testudineus |
| Largebaim – see entry for Dry star baim or Largebaim or Patabaim | |
| Magur – see entry for Catfish | |
| Medium red salmon – see entry for Pacific salmon | |
| Meni | Nandus nandus |
| Mowrala – see entry for Carp | |
| Nile perch | Lates niloticus |
| Northern pike or Pike | Esox lucius |
| Pabda – see entry for Catfish | |
| Pacific salmon | Oncorhynchus gorbuscha* |
| Oncorhynchus keta* | |
| Oncorhynchus kisutch* | |
| Oncorhynchus masou masou* | |
| Oncorhynchus nerka* | |
| Oncorhynchus tshawytscha* | |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Cherry salmon | Oncorhynchus masou masou* |
| Chinook salmon or King salmon or Spring salmon | Oncorhynchus tshawytscha* |
| Chum salmon or Keta salmon | Oncorhynchus keta* |
| Coho salmon or Medium red salmon or Silver Salmon | Oncorhynchus kisutch* |
| Pink salmon | Oncorhynchus gorbuscha* |
| Red salmon or Sockeye salmon | Oncorhynchus nerka* |
| Pacu | Piaractus mesopotamicus |
| Panga(s) – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’ | |
| Panga(s) catfish – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’ | |
| Pangasius – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’ | |
| Pangasius catfish – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these with the additional word ‘catfish’ | |
| Patabaim – see entry for Dry star baim or Largebaim or Patabaim | |
| Pike – see entry for Northern pike or Pike | |
| Pike-Perch or Zander | Stizostedion lucioperca |
| Pink salmon – see entry for Pacific salmon | |
| Pollan – see entry for Arctic cisco or Pollan | |
| Punti – see entry for Carp | |
| Queen fish | Botia dario |
| Rainbow trout – see entry for Trout | |
| Red salmon – see entry for Pacific salmon | |
| River cobbler – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’ | |
| River cobbler catfish – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’ | |
| Roach – see entry for Carp | |
| Rohu – see entry for Carp | |
| Royal basa – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’ | |
| Ruhi – see entry for Carp | |
| Salmon – see entry for Atlantic salmon or Salmon | |
| Salmon trout or Sea trout | Salmo trutta trutta which has spent part of its life in sea water |
| Note also entry for Trout. | |
| Sea trout – see entry for Salmon trout or Sea Trout | |
| Shol | Channa striata |
| Silver salmon – see entry for Pacific salmon | |
| Snakehead | All species of the family Channidae |
| Sockeye salmon – see entry for Pacific salmon | |
| Spring salmon – see entry for Pacific salmon | |
| Steelhead trout – see entry for Trout | |
| Taki | Channa punctata |
| Tambaqui – see entry for Cachama or Tambaqui | |
| Tench – see entry for Carp | |
| Tengra – see entry for Catfish | |
| Tilapia | All species of Oreochromis |
| All species of Tilapia | |
| Trout | Oncorhynchus clarki clarki |
| Oncorhynchus mykiss | |
| Salmo trutta which has spent all of its life in fresh water | |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Brown trout | Salmo trutta trutta which has spent all of its life in fresh water |
| Cut-throat trout | Oncorhynchus clarki clarki |
| Rainbow trout or Steelhead trout | Oncorhynchus mykiss |
| Note also entry for Salmon trout or Sea Trout | |
| Vendace | Coregonus albula |
| Zander – see entry for Pike – Perch or Zander | |
| Shellfish | |
| Abalone or Ormer | All species of Haliotis |
| Amande clam or Dog cockle | Glycymeris glycymeris |
| Ark clam or Arkshell | All species of the family Arcidae |
| Arkshell – see entry for Ark clam or Arkshell | |
| Arrow squid | Nototodarus gouldi |
| Nototodarus sloani | |
| Atlantic scallop – see entry for Common Scallop or Scallop | |
| Brown shrimp or Shrimp | All species of Crangon |
| Note also entries for Pink shrimp or Shrimp, Prawn or Shrimp and Shrimp | |
| Clam or Hard shell clam | Mercenaria mercenaria |
| Venus verrucosa | |
| Clam or Razor clam or Razor shell | All species of Ensis and Solen |
| Cockle | All species of Cerastoderma |
| Common scallop or Scallop | All species of the family Pectinidae |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Atlantic scallop | Placopecten magellanicus |
| King scallop | Pecten maximus |
| Queen or Queen scallop | Chlamys (Aequipecten) opercularis |
| Crab | All species of the order Brachyura |
| All species of the family Lithodidae | |
| Crawfish or Rock lobster or Spiny lobster | All species of Jasus |
| All species of Palinurus | |
| All species of Panulirus | |
| Crayfish | All species of the family Astacidae |
| All species of the family Austroastacidae | |
| All species of the family Cambaridae | |
| All species of the family Parastacidae | |
| Cuttlefish | All species of Sepia |
| Rossia macrosoma | |
| Dog cockle – see entry for Amande clam or Dog cockle | |
| Dublin bay prawn or Langoustine or Norway lobster or Scampi | Nephrops norvegicus |
| Gaper or Soft shell clam | All species of Mya |
| Geoduck or Geoduck clam | Panopea abrupta |
| Geoduck clam – see entry for Geoduck or Geoduck clam | |
| Grooved carpet shell or Native clam or Palourde | Ruditapes decussatus |
| Tapes decussatus | |
| Venerupis decussa | |
| Hard shell clam – see entry for Clam or Hard shell clam | |
| Indian Ocean lobster or Whip lobster | Puerulus angulatus |
| Puerulus carinatus | |
| Puerulus sewelli | |
| Japanese carpet shell or Manila clam | Ruditapes philippinarum |
| Tapes philippinarum | |
| King prawn | All species of the family Aristaeidae |
| 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) | |
| King scallop – see entry for Common scallop or Scallop | |
| Langoustine – see entry for Dublin Bay prawn or Langoustine or Norway lobster or Scampi | |
| Lobster | All species of Homarus |
| Manila clam – see entry for Japanese carpet shell or Manila clam | |
| Mantis shrimp | Squilla mantis |
| Mussel | All species of the family Mytilidae |
| Native clam – see entry for Grooved carpet shell or Native clam or Palourde | |
| Native oyster – see entry for Oyster | |
| Norway lobster – see entry for Dublin Bay prawn or Langoustine or Norway lobster or Scampi | |
| Octopus | All species of Octopus |
| Ormer – see entry for Abalone or Ormer | |
| Otter shell clam | Lutraria lutraria |
| Oyster | All species of Crassostrea |
| All species of Ostrea | |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Native oyster | Ostrea edulis |
| Pacific oyster or Rock oyster | Crassostrea gigas |
| Portuguese oyster | Crassostrea angulata |
| Pacific oyster – see entry for Oyster | |
| Pacific scampi | Metanephrops andamanicus |
| Metanephrops challengeri | |
| Metanephrops thomsoni | |
| Palourde – see entry for Grooved carpet shell or Native clam or Palourde | |
| Pink shrimp or Shrimp | Pandalus montagui |
| Note also entries for Brown shrimp or Shrimp, Prawn or Shrimp and Shrimp | |
| Portuguese oyster – see entry for Oyster | |
| 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 Aristaeidae | |
| all species of the family Palaemonidae | |
| all species of the family Pandalidae | |
| all species of the family Penaeidae | |
| Note also entries for Brown shrimp or Shrimp, Pink shrimp or Shrimp and Shrimp | |
| Queen – see entry for Common scallop or Scallop | |
| Queen scallop – see entry for Common scallop or Scallop | |
| Razor clam – see entry for Clam or Razor clam or Razor shell | |
| Razor shell – see entry for Clam or Razor clam or Razor shell | |
| Rock lobster – see entry for Crawfish or Rock lobster or Spiny lobster | |
| Rock oyster – see entry for Oyster | |
| Scallop – see entry for Common scallop or Scallop | |
| Scampi – see entry for Dublin Bay prawn or Langoustine or Norway lobster or Scampi | |
| Sea urchin | All species of the family Echinidae |
| 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 Aristaeidae | |
| all species of the family Palaemonidae | |
| all species of the family Pandalidae | |
| all species of the family Penaeidae | |
| Note also entries for Brown Shrimp or Shrimp, Pink Shrimp or Shrimp and Prawn or Shrimp | |
| Slipper lobster | All species of the family Scyllaridae |
| Soft shell clam – see entry for Gaper or Soft shell clam | |
| Spiny lobster – see entry for Crawfish or Rock lobster or Spiny lobster | |
| Squat lobster | All species of the family Galatheidae |
| Squid | All species of Illex |
| All species of Loligo | |
| Ommastrephes sagittatus | |
| Surf clam | All species of Spisula |
| Tiger prawn | Parapenaeopsis hardwickii |
| Parapenaeopsis sculptilis | |
| Penaeus esculentus | |
| Penaeus japonicus | |
| Penaeus kerathurus | |
| Penaeus monodon | |
| Penaeus semisulcatus | |
| Whelk | All species of Buccinum |
| Whip lobster – see entry for Indian Ocean lobster or Whip lobster | |
| Winkle | All species of Littorina |
(This note is not part of the Regulations)
1. These Regulations, which apply in relation to England only, provide for the execution and enforcement there of Title I, Chapter 2 (consumer information) of Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products (OJ No. L17, 21.2.2000, p.22) as applied by 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 (OJ No. L278, 23.10.2001, p.6).
2. Title I of Chapter 2 of Council Regulation (EC) No. 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 provides for Member States to draw up and publish a list of commercial designations for at least the species listed in Annexes I to IV of the Regulation. Commission Regulation (EC) No. 2065/2001 describes in more detail the information to be provided to consumers and the exemptions that may be allowed. It also provides for the necessary information to be provided at each stage of the marketing process.
3. These Regulations:
(a)provide an updated 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);
(b)provide for the derogation at Article 4.2 of Regulation (EC) No. 2065/2001 (circumstances in which fishery products may be sold to the final consumer without being marked or labelled with the production method) (regulation 5);
(c)in accordance with Article 7 of Regulation (EC) No. 2065/2001, determine what constitutes “small quantities of products sold directly to consumers” for the purposes of applying the derogation at Article 4.1 of Regulation (EC) No. 104/2000 (regulation 6); and
(d)provide that the indication of catch area required by Article 4.1(c) of Regulation (EC) No. 104/2000 may, in accordance in accordance with Article 5(1)(c) of Regulation (EC) No. 2065/2001, indicate the various member States or third countries in which the product was farmed (regulation 7);
(e)create offences and prescribe penalties (regulation 3), specify enforcement authorities (regulation 9) and apply with modifications specified provisions of the Food Safety Act 1990 (regulation 10); and
(f)revoke the Fish Labelling (England) Regulations 2003 (S.I. 2003/461) and the Fish Labelling (Amendment) (England) Regulations 2006 (S.I. 2006/506) (regulation 11).
4. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Food Composition and Labelling Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.
1990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c.28), (“the 1999 Act”). Section 48 was also amended by S.I. 2004/2990. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c.40), Schedule 6 to the 1999 Act, S.I. 2004/2990 and S.I. 2004/3279.
Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the 1999 Act. Functions of “the Ministers” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32). Those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) as read with section 40(2) of the 1999 Act.
OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ No. L188, 18.7.2009, p.14).
OJ No. L17, 21.1.2000, p.22. That Regulation was amended by the EU Act concerning the conditions of accession of the Czech Republic etc. (OJ No. L236, 23.9.2003, p.33).
OJ No. L278, 23.10.2001, p.6. That Regulation was corrected by a Corrigendum (OJ No. L10, 12.1.2002, p.82 (2001/2065) and it was amended by the EU Act concerning the conditions of accession of the Czech Republic etc. (OJ No. L236, 23.9.2003, p.33) and by Commission Regulation (EC) No. 1792/2006 (OJ No. L362, 20.12.2006, p.1).
S.I. 1996/1499; regulation 6(4) (which defines “prescribed by law” for the purposes of regulations 6(1), 7 and 8(a)) was inserted by S.I. 1998/1398.
Section 21 was amended by S.I. 2004/3279.
Section 35(1) is amended by the Criminal Justice Act 2003 (2003 c.44), Schedule 26, paragraph 42, from a date to be appointed.
Section 35(3) was amended by S.I. 2004/3279.
Section 36A was inserted by the Food Standards Act 1999 (1999 c.28), Schedule 5, paragraph 16.
OJ No. L212, 22.7.1989, p.79.
OJ No. L165, 3.7.2003, p.17.
OJ No. L348, 24.12.2008, p.76.
OJ No. L.163, 17.6.1992, p.1.