The Fish Labelling (Wales) Regulations 2010

Made: 15 March 2010

Laid before the National Assembly for Wales: 16 March 2010

Coming into force: 6 April 2010

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[^f00003], there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title, application and commencement

1

• (1) The title of these Regulations is the Fish Labelling (Wales) Regulations 2010.

• (2) These Regulations apply in relation to Wales and come into force on 6 April 2010.

Interpretation

2

In these Regulations—

• “Regulation 104/2000” (“Rheoliad 104/2000”) means Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products[^f00004];

• “Regulation 2065/2001” (“Rheoliad 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[^f00005];

and any expressions used in these Regulations and in Regulation 104/2000 or Regulation 2065/2001 have the same meaning as in those Regulations.

Offences relating to consumer information

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 is 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) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Lists of commercial designations

4

• (1) As regards Wales, 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 Wales[^f00006].

• (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 is an alternative to the commercial designation for that species set out in the Schedule to these Regulations and are names prescribed by law for the purposes set out in paragraph (1).

Omission of reference to the production method

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 is not 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.

Small quantities of products

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 will be products to a value not exceeding 20 Euro for each purchase.

• (2) For the purposes of this Regulation, the reference to 20 Euro is to 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.

Additional information relating to the catch area

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.

Provisional commercial designations

8

• (1) For the purposes of Article 2 of Regulation 2065/2001 (provisional commercial designations), the Food Standards Agency is the competent authority.

• (2) The Food Standards Agency will draw up and publish a list of provisional commercial designations laid down pursuant to Article 2.

Enforcement

9

Each food authority must enforce and execute these Regulations in its area.

Application of various provisions of the Food Safety Act 1990

10

The following provisions of the Food Safety Act 1990 (“the Act”) apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of the Act is to 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)[^f00007] 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” is deemed to be a reference to any such requirement as is mentioned in that subsection as applied by paragraph (e);

• (g) section 35(1) (punishment of offences)[^f00008] insofar as it relates to offences under section 33(1) as applied by paragraph (e);

• (h) section 35(2) and (3)[^f00009] insofar as it relates to offences under section 33(2) as applied by paragraph (f);

• (i) section 36 (offences by bodies corporate);

• (j) section 36A (offences by Scottish partnerships)[^f00010]; and

• (k) section 44 (protection of officers acting in good faith).

Revocation

11

The following Regulations are revoked—

• (a) The Fish Labelling (Wales) Regulations 2003[^f00011]; and

• (b) The Fish Labelling (Amendment) (Wales) Regulations 2006[^f00012].

SCHEDULE — Commercial Designations

1

Subject to paragraphs 2 and 3, the commercial designation for any species of fish specified in column 2 of the following Table is 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 is 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, does 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[^f00013] (as amended by Commission Regulation (EC) No. 1181/2003[^f00014] and Commission Regulation (EC) No. 1345/2008[^f00015]) or Council Regulation (EEC) No. 1536/92 laying down common marketing standards for preserved tuna and bonito[^f00016].

Signed

Gwenda Thomas — Deputy Minister for Social Services, under authority of the Minister for Health and Social Services, one of the Welsh Ministers — 15 March 2010

Explanatory note

(This note is not part of the Regulations)

1 These Regulations, which apply in relation to Wales, provide for the execution and enforcement 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. 104/2001 (regulation 6); and d provide that the indication of catch area required by Article 4.1(c) of Regulation (EC) No. 104/2001 may, 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 (Wales) Regulations 2003 (S.I. 2003/635 (W.177)) and the Fish Labelling (Amendment) (Wales) Regulations 2006 (S.I. 2006/1339 (W.131)) (regulation 11). A full regulatory impact assessment has been undertaken in respect of these Regulations and is available from the Food Standards Agency, 11th Floor, South Gate House, Wood Street, Cardiff CF10 1EW.

Footnotes

[^f00001]: 1996 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 18 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 and S.I. 2004/2990.

[^f00002]: 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.

[^f00003]: 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).

[^f00004]: 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).

[^f00005]: 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).

[^f00006]: 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.

[^f00007]: Section 21 was amended by S.I. 2004/3279.

[^f00008]: Section 35(1) is amended by the Criminal Justice Act 2003 (2003 c. 44), Schedule 26, paragraph 42, from a date to be appointed.

[^f00009]: Section 35(3) was amended by S.I. 2004/3279.

[^f00010]: Section 36A was inserted by the Food Standards Act 1999 (1999 c. 28), Schedule 5, paragraph 16.

[^f00011]: S.I. 2003/1635 (W.177).

[^f00012]: S.I. 2006/1339 (W.131).

[^f00013]: OJ No. L212, 22.7.1989, p.79.

[^f00014]: OJ No. L165, 3.7.2003, p.17.

[^f00015]: OJ No. L348, 24.12.2008, p.76.

[^f00016]: OJ No. L.163, 17.6.1992, p.1.