S.I. No. 320/2003 - European Communities (Labelling of Fishery and Aquaculture Products) Regulations 2003

I, Dermot Ahern, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for purpose of giving effect to Article 4 of Council Regulation No. 104/2000(EC)¹ of 17 December 1999 and to Commission Regulation No. 2065/2001(EC)² of 22 October 2001, hereby make the following Regulations:

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“authorised officer” means one or more of the following;

• (i) a person authorised in writing by the Minister,

• (ii) an authorised officer under the Regulations of 2002;

“Commission Regulation of 2001” means Commission Regulation 2065/2001(EC), laying down detailed rules for the application of the Council Regulation of 2002 as regards informing consumers about fishery and aquaculture products, as may be amended or replaced by any Regulation directive or decision of the European Communities;

“Council Regulation of 2000” means Council Regulation No. 104/2000 (EC) on the common organisation of the markets in fishery and aquaculture product as may be amended or replaced by any Regulation, directive or decision of the European Communities”;

“Minister” means the Minister for Communications, Marine and Natural Resources;

“place on the market” includes to advertise, barter, offer or expose for sale by wholesale or retail, or have in possession for sale by wholesale or retail and invite to buy and cognate words shall be construed accordingly;

“product” means a fishery or aquaculture product;

“Regulations of 2002” means the European Communities (Labelling Presentation and Advertising of Foodstuffs) Regulations 2002 ( S.I. No. 483 of 2002 );

“third country” means a country other than a Member State of the European Communities.

(2)(a) A word or expression that is used in these Regulations and is also used in the Council Regulation of 2000 has, unless the contrary intention appears the same meaning in these Regulations as it has in that Council Regulation.

• (b) A word or expression that is used in these Regulations and is also used in the Commission Regulation of 2001 has, unless the contrary intention appears the same meaning in these Regulations as it has in that Commission Regulation.

(3)(a) A reference to a Regulation or the Schedule is to a Regulation of, or the Schedule to, these Regulations, unless it is indicated that reference to some other enactment is intended.

• (b) A reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

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(2)(a) Subject to paragraph (b) a person shall not place on the market a product unless the information required by Article 8 of the Commission Regulation of 2001 is provided by means of labelling or packaging of the product or by means of a commercial document accompanying the product (including the invoice).

• (b) In the case of a product offered or exposed for sale by retail, the required information shall be provided by means of labelling or packaging of the product.

• (3) Products placed on the market or labelled prior to the commencement of these Regulations may continue to be placed on the market until stocks are exhausted.

• (4) Subject to paragraph (3) a person who fails to comply with paragraph (1 or (2) is guilty of an offence.

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(2)(a) The Minister may, by statutory instrument, amend the Schedule as may be required from time to time.

• (b) Any amendment made pursuant to paragraph (a) shall be published in Iris Oifigiúil as soon as may be after it is made.

• (3) In relation to a product included both in the Schedule (as may be so amended from time to time) and in a list published in the English language under Article 4.2 of the Council Regulation of 2000 having effect in another Member State, the commercial designation for that product in the list having effect in that other Member State shall be an alternative to the commercial designation for that product set out in the Schedule (as may be so amended).

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• (2) The Department shall cause to be published by electronic means, capable of being read in legible form, a list of commercial designations in accordance with Article 4.2 of the Council Regulation of 2000 and details of any changes to that list from time to time, in accordance with Article 2.2 of the Commission Regulation of 2001.

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• (2) An authorised officer shall be furnished by the Minister, or by the chief executive of the relevant health board as the case may require, with a certificate of appointment as an authorised officer and when exercising any power conferred on an authorised officer by these Regulations shall, if so requested by any person, produce the certificate for the inspection of the person.

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• (a) at all reasonable times, enter and inspect any premises in which the authorised officer has reasonable grounds for believing that any product is kept, sold or being produced,

• (b) at all reasonable times, enter any railway wagon, vehicle, ship, vessel or aircraft in which the authorised officer has reasonable grounds for believing that any product is being transported for sale or kept for sale,

• (c) require the owner or any person employed at the premises or any person in charge of the premises to give to the authorised officer such information in the person's power or control that the officer may reasonably require and to produce to the officer any records (in whatever form kept) or books or documents (including labels and fiches) in relation to any product found by or produced to the officer under this Regulation,

• (d) at such premises, inspect and take copies of, or extracts from any books records or other documents (including in the case of information in non-legible form a copy of or extract from such information in permanent legible form),

• (e) inspect and copy or extract information from any data (within the meaning of the Data Protection Act 1988 (No. 25 of 1988)), found or produced to the officer under this Regulation,

• (f) require any person, by or on whose behalf data equipment is or has been used on the premises in relation to the business of selling or marketing any product or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the authorised officer all reasonable assistance in relation to its use thereto,

• (g) carry out or have carried out such examinations, tests, inspections and checks of any product found there as the authorised officer reasonably considers necessary,

• (h) take such samples of any product or of materials or articles used or intended for use in the manufacture or preparation of any product which the authorised officer finds in the course of his or her inspection,

• (i) secure for later inspection the premises or any products found therein.

• (2)
• (a) Where a sample is taken pursuant to this regulation, the authorised officer concerned shall divide the sample into not more than 4 approximately equal parts each of which the officer shall mark in such a way as to identify it as a part of the sample taken by the officer.

• (b) Where an authorised officer takes a sample consisting of a product contained in unopened containers and the division into parts of the product -

• (i) is not reasonably practicable, or

• (ii) might affect the composition or impede the proper analysis of the contents the authorised officer shall divide the containers into not more than 4 lots each of which the officer shall mark in such a way as to identify it as a part of the sample taken by the officer.

• (c) In proceedings for an offence under these regulations, the result of any test examination or analysis of, or report on, a sample taken pursuant to this regulation shall not be adduced unless before the proceedings were instituted one of the parts into which the sample was divided pursuant to this regulation was left with or transmitted to the defendant.

• (5) A person who -

• (a) obstructs or interferes with an authorised officer in the exercise of his or her powers under this Regulation, or

• (b) without reasonable excuse, does not comply with a requirement of an authorised officer under this Regulation, or

• (c) in purported compliance with a requirement referred to in paragraph (b) gives information to an authorised officer that the person knows to be false or misleading in a material respect,

is guilty of an offence.

• (6) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless the officer has obtained a warrant from the District Court under Regulation 12 authorising such entry.

• (7) An authorised officer, where he or she considers it necessary, may require a member of the Garda Síochána to assist the officer when performing any powers conferred on an authorised officer by this Regulation which involves the breaking open of any premises or any other action in which the use of force may be necessary and is lawful.

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• (a) tampers with any product so as to procure that any sample of it taken under Regulation 11 does not correctly represent the products, or

• (b) tampers or interferes with any sample taken under Regulation 11,

the person is guilty of an offence.

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• (a) the Minister, or

• (b) a health board, in whose functional area the offence was committed.

• (2) A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or to both.

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• (2) The owner or other person in charge of an operation to which these Regulations apply who fails to take all reasonable steps to secure the compliance of any person employed in, or any person admitted to the place where the operation concerned is undertaken, with these Regulations, is guilty of an offence.

SCHEDULE-REGULATION 7(1)

COMMERCIAL DESIGNATIONS

The following table lists the commercial designations of fish and fishery products showing the scientific name, the name in the English language or the commercial name and the name in the Irish language.

The name of the individual species (e.g. atlantic salmon, pacific oyster etc.) must also be included where known.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations give effect to Article 4 of Council Regulation No. 104/2000 (EC and Commission Regulation No. 2065/2001 (EC) laying down the conditions for informing consumers about fishery and aquaculture products.

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