The Fish Labelling (Wales) Regulations 2003

• Citation: S.I. 2003/1635 (W.)
• Sections: 12

Section 1 Title, commencement and application

These Regulations may be cited as the Fish Labelling (Wales) Regulations 2003, shall come into force on 30th June 2003 and shall apply to Wales only.

Section 2 Interpretation

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 ;

“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 ;

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

Section 3 Offences relating to consumer information

(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) A 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.

Section 4 Lists of commercial designations

(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 Schedule to these Regulations, 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 .

(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 in 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.

Section 5 Omission of reference to the production method

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 fisheries product to which that Article applies without the product being marked or labelled with the production method.

Section 6 Small quantities of products

(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 Euro for each purchase.

(2) For the purposes of this regulation, the reference to 20 Euro shall be taken to be a reference to the sterling equivalent of that number of Euro, 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.

Section 7 Additional information relating to the catch area

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.

Section 8 Provisional commercial designations

(1) For the purposes of Article 2 of Regulation 2065/2001 (provisional commercial designations), the Food Standards Agency (“the Agency”) shall be the competent authority.

(2) The Agency shall draw up and publish a list of provisional commercial designations laid down pursuant to the said Article 2.

Section 9 Enforcement

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

Section 10 Application of various provisions of the Act

The following provisions of 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) as it applies for the purposes of section 8, 14 or 15;

(d) section 30(8) (which relates to documentary evidence);

(e) section 32 of the Act (powers of entry);

(f) section 33(1) (obstruction etc. of officers);

(g) 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 (f) above;

(h) section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub-paragraph (f) above;

(i) section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (g) above;

(j) section 36 (offences by bodies corporate);

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

Section 11 Revocation

Paragraph 1 of Schedule 1 to the Food Labelling Regulations 1996 (prescribed names of fish and shellfish) is revoked insofar as it applies to Wales.

Section 1

(1) Subject to subparagraphs (2) and (3) of this paragraph, 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 of the said Table.

(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 following Table is followed by an asterisk. In such cases the name used for the food when the fish is smoked shall be either —

(a) a name specified for that species in column 1 of the said Table preceded by the word “smoked”, or

(b) except in the case of Salmo salar (L.), “smoked Pacific salmon”.

(3) Subparagraph (1) of this paragraph, as read with the following Table, shall not apply to fish regulated by Council Regulation ( EEC ) No 2136/89 laying down common marketing standards for preserved sardines, or Council Regulation (EEC) No 1536/92 laying down common marketing standards for preserved tuna and bonito.

(3) Sea Fish

(a) Lates calcarifer

All species of Sarda

All species of Euthynnus, with the exception of Euthynnus (Katsuwonus) pelamis

All species of Auxis

(ii) Citharichthys sordidus

All species of Galeorhinus

All species of Mustelus

All species of Scyliorhinus

Galeus melastomus Rafin.

Squalus acanthias (L.)

(iii) All species of the family Gempylidae

(a) Ophiodon elongatus

All species of Mycteroperca

All species of Epinephelus

All species of the family Triglidae

Peristedion cataphractum (L.)

Merluccius capensis

Merluccius paradoxus

Hippoglossus hippoglossus (L.)

Hippoglossus stenolepis

(2) Tenualosa ilisha

All species of Caranx

All species of Hemicaranx

All species of Seriola

All species of Trachurus

All species of Decapterus

(ii) Genypterus capensis

(iii) Coryphaena hippurus

Lophius piscatorius (L.)

Lophius americanus

(a) Lophius vomerinus

(iv) All species of Mullus

All species of Mugil

All species of Liza

All species of Chelon

(v) Hoplostethus atlanticus

All species of Brama

All species of Stromateus

All species of Pampus

(vi) Trisopterus minutus

(vii) Elagatis bipinnulata

All species of Sebastes

All species of Helicolenus

(3) Anoplopoma fimbria

Lepidopus caudatus

Aphanopus carbo

Small Clupea harengus (L.), when canned

Small Sprattus sprattus (L.), when canned

All species of Aphareus

All species of Aprion

All species of Pristipomoides

Dissostichus mawsoni

Dissostichus eleginoides

(ii) Acanthocybium solandri

Small Clupea harengus (L.)

Small Sprattus sprattus (L.)(except when canned)

(4)

(a) Salmon and Freshwater Fish

All species of the family Clariidae

All species of the family Siluridae

All species of the family Bagridae

(i) Clarias batrachus

(ii) Lates niloticus

(aa) Pangasius bocourti

(b) River cobbler

(iii) Pangasius micronemus

(iv) Pangasius hypophthalmus

All species of Tilapia

All species of Oreochromis

(b) c Shellfish

Mercenaria mercenaria (L.)

Venus verrucosa (L.)

(b) Panopea abrupta

All species of the order Brachyura

All species of the family Lithodidae

All species of the family Astacidae

All species of the family Parastacidae

All species of the family Austroastacidae

All species of the family Cambaridae

All species of Sepia

Rossia macrosoma

All species of Panulirus

All species of Palinurus

All species of Jasus

All species of Crassostrea

All species of Ostrea

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 Palaemonidae ,

all species of the family Penaeidae , and

all species of the family Pandalidae

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)

Penaeus monodon

Penaeus semisulcatus

Penaeus esculentus

Penaeus kerathurus

(aa) Penaeus japonicus

(bb) Parapenaeopsis hardwickii

(a) Parapenaeopsis sculptilis

(iv) Pecten maximus

Metanephrops andamanicus

Metanephrops challengeri

Metanephrops thomsoni

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 Palaemonidae,

all species of the family Penaeidae , and

all species of the family Pandalidae

Pandalus montagui Leach

All species of Crangon

All species of Loligo

All species of Illex

Ommastrephes sagittatus

(v) Nototodarus sloani

Nototodarus gouldi