Statutory Instruments
2013 No. 1768
Food
The Fish Labelling Regulations 2013
Made
15th July 2013
Laid before Parliament
18th July 2013
Coming into force
2nd September 2013
The Secretary of State makes the following Regulations (except so far as relating to regulations 3 and 4 so far as they extend to Northern Ireland) in exercise of the powers conferred by sections 6(4) , 16(1) , 17(2) , 26(2)(a) and (3) and 48(1) of the Food Safety Act 1990 and paragraph 1A of Schedule 2 to the European Communities Act 1972 .
The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy and makes these Regulations so far as relating to regulations 3 and 4 so far as they extend to Northern Ireland under the powers conferred by that section and paragraph 1A of Schedule 2 to the European Communities Act 1972.
In accordance with section 48(4A) of the Food Safety Act 1990, the Secretary of State has had regard to relevant advice given by the Food Standards Agency.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for references in these Regulations to the following Regulations to be construed as references to those Regulations as amended from time to time—
Council Regulation
Commission Regulation
Council Regulation
Commission Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation
As required by Article 9 of Regulation
PART 1 Introduction
Citation, commencement, application and extent
1. —(1) These Regulations —
(a) may be cited as the Fish Labelling Regulations 2013; and
(b) come into force on 2nd September 2013.
(2) They apply in England only ....
Interpretation
2.—(1) In these Regulations—
“the specified Regulations ” means Regulation 1224/2009 , Regulation 404/2011 and Regulation 1379/2013 ;
“ Regulation 1224/2009 ” means Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy;
“ Regulation 404/2011 ” means Commission Implementing Regulation ( EU ) No. 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy;
“ Regulation 1379/2013 ” means Regulation ( EU ) No. 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products
(2) In these Regulations—
(a) references to any of the specified Regulations are references to the specified Regulations in question as amended from time to time; and
(b) terms used that are also used in any of the specified Regulations have the same meaning as in the specified Regulations in question.
PART 2 United Kingdom commercial designations of species
List of commercial designations of species
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Competent authority
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3 Consumer information and traceability requirements in England
Interpretation of Part 3
5. In this Part, “ the Act ” means the Food Safety Act 1990.
Consumer information and traceability requirements
6. —(1) In this Part—
(a) “ consumer information requirement ” means a requirement referred to in paragraph (2), subject to paragraphs (6) and (7) ; and
(b) “ traceability requirement ” means a requirement referred to in paragraph (3), subject to paragraph (7).
(2) For the purposes of paragraph (1)(a), the requirements are—
(a) a requirement specified in Article 35 of Regulation 1379/2013 as read with Article 38 of that Regulation, and a requirement specified in Article 39(3) or (4) of Regulation 1379/2013 , as read with paragraph (1) of that Article.
(b) a requirement specified in Article 58(6) of Regulation 1224/2009 as read with Articles 67(13) and 68 of Regulation 404/2011.
(3) For the purposes of paragraph (1)(b), the requirements are Article 58(2), (3) and (5) of Regulation 1224/2009 as read with Article 58(7) of that Regulation , Article 67(1) to (3) , (5) to (7) and (9) to (13) of Regulation 404/2011 and Articles 35(1)(c) and 38 of Regulation 1379/2013 .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The requirement referred to in paragraph (2)(a) does not apply in the circumstances described in Article 35(4) of Regulation 1379/2013 as read with Article 58(8) of Regulation 1224/2009
(7) The requirements referred to in paragraphs (2)(b) and (3) do not apply in circumstances described in Article 58(8) of Regulation 1224/2009, as read with Article 67(14) of Regulation 404/2011, where the sale does not exceed £45 per day.
Improvement notice
7. —(1) Section 10 of the Act (improvement notices) applies for the purposes of these Regulations with the following modifications.
(2) For subsection (1), substitute—
“ (1) If an authorised officer of an enforcement authority has reasonable grounds for believing that an operator has not complied with, or is not likely to comply with, a consumer information requirement or a traceability requirement, the officer may, by notice served on that operator (in this Act referred to as an “ improvement notice ”)—
(a) state the officer's grounds for believing that the operator is failing to comply with those requirements;
(b) specify the matters which constitute the operator's failure so to comply;
(c) specify the measures which, in the officer's opinion, the operator must take in order to secure compliance; and
(d) require the operator to take those measures, or measures which are at least equivalent to them, within such period as may be specified in the notice. ” .
(3) For subsection (3), substitute —
“ (3) In this section—
(a) “consumer information requirement” and “traceability requirement” have the meanings given by regulation 6(1) of the Fish Labelling Regulations 2013 ;
(b) “ operator ” has the same meaning as in the specified Regulations as defined in regulation 2(1) of the Fish Labelling Regulations 2013 as read with regulation 2(2)(a) of those Regulations. ” .
Appeal to the First-tier Tribunal
8. —(1) Section 37 of the Act (appeals to magistrates' court or sheriff) applies for the purposes of these Regulations with the following modifications.
(2) For subsection (1), substitute—
“ (1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10, as applied by regulation 7 of the Fish Labelling Regulations 2013 , may appeal to the First-tier Tribunal. ” .
(3) Omit subsections (2) to (5).
(4) In subsection (6)—
(a) for “(3) or (4)”, substitute “ (1) ” ;
(b) in paragraph (a), for “a magistrates' court or to the sheriff”, substitute “ the First-tier Tribunal ” .
Appeals against improvement notices
9. —(1) Section 39 of the Act (appeals against improvement notices) applies for the purposes of these Regulations with the following modifications.
(2) For subsection (1), substitute—
“ (1) On an appeal against an improvement notice served under section 10, as applied by regulation 7 of the Fish Labelling Regulations 2013 , the First-tier Tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the First-tier Tribunal may in the circumstances think fit. ” .
(3) In subsection (3), omit “for want of prosecution”.
Requirement to keep records
10. —(1) For the purposes of Article 58(4) of Regulation 1224/2009, an operator must keep a record of the information referred to in that Article as read with Article 67(4) of Regulation 404/2011.
(2) The record must be kept for three years from the date the transaction is completed.
(3) It is an offence to fail to comply with this regulation.
Requirement to produce records
11. An operator who fails to comply with the second sentence of Article 58(4) of Regulation 1224/2009 is guilty of an offence.
Penalties
12. A person guilty of an offence under regulation 10 or 11 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Application and modification of the Act
13. The Schedule (application and modification of the Act) has effect.
Enforcement
14. —(1) Each food authority must enforce and execute these Regulations in its area.
(2) Each food authority is the competent authority in its area for the purposes of Article 58(4) of Regulation 1224/2009 and Article 67(5) of Regulation 404/2011.
Review of these Regulations
15. —(1) The Secretary of State must from time to time—
(a) carry out a review of these Regulations;
(b) set out the conclusions of the review in a report; and
(c) publish the report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the consumer information requirements and the traceability requirements are enforced in other member States.
(3) The report must in particular—
(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;
(b) assess the extent to which those objectives are achieved; and
(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Revocation
16.The Fish Labelling (England) Regulations 2010 are revoked.
David Heath
Minister of State
Department for Environment, Food and Rural affairs
Regulation 13
SCHEDULE Application and modification of the Act
PART 1 General
1. The following provisions of the Act apply for the purposes of these Regulations with the following modifications—
| Section of the Act | Modification |
|---|---|
Section 3 (presumptions that food intended for human consumption) Section 30(8) (which relates to evidence of certificates given by a food analyst or examiner) Section 33 (obstruction etc of officers) Section 44 (protection of officers acting in good faith) | In these sections, for “this Act”, in each place occurring, substitute “ the Fish Labelling Regulations 2013 ” |
| Section 20 (offences due to fault of another person) | For “any of the preceding provisions of this Part”, substitute “ section 10(2), as applied by regulation 7 of the Fish Labelling Regulations 2013 , or regulation 10 or 11 of those Regulations ” |
| Section 21 (defence of due diligence) | In subsection (1), for “any of the preceding provisions of this Part” substitute “ section 10(2), as applied by regulation 7 of the Fish Labelling Regulations 2013 , or regulation 10 or 11 of those Regulations ” Omit subsections (2) to (4) |
| Section 29 (procurement of samples) | In paragraph (b)(ii), after “under section 32 below”, insert “ as applied by regulation 13 of, and the Schedule to, the Fish Labelling Regulations 2013 ” |
| Section 35 (punishment of offences) | In subsection (1), after “section 33(1) above”, insert “ as applied by regulation 13 of, and the Schedule to, the Fish Labelling Regulations 2013 ” |
After subsection (1), insert— “ (1A) A person guilty of an offence under section 10(2), as applied by regulation 7 of the Fish Labelling Regulations 2013 , shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. ” | |
In subsection (2)— (a) for the words “any other offence under this Act”, substitute “ an offence under section 33(2) as applied by regulation 13 of, and the Schedule to, the Fish Labelling Regulations 2013 ” ; (b) in paragraph (b), for “the relevant amount” substitute “ the statutory maximum ” | |
| Omit subsections (3) and (4) | |
| Section 36 (offences by bodies corporate) | For “this Act”, substitute “ section 10(2) as applied by regulation 7 of the Fish Labelling Regulations 2013 or regulation 10 or 11 of those Regulations ” |
PART 2 Powers of entry
2. For the purpose of enabling an authorised officer of an enforcement authority to ascertain whether there is, or has been, any contravention of a consumer information requirement or a traceability requirement, section 32 of the Act (powers of entry) is modified in its application to these Regulations as follows —
(a) in subsection (1)(a), after “made under it” insert “ , or of a consumer information requirement or a traceability requirement ” ;
(b) after subsection (9), insert—
“ (10) In this section, “consumer information requirement” and “traceability requirement” have the meanings given by regulation 6(1) of the Fish Labelling Regulations 2013 . ” .