Statutory Instrument 2003 No. 461
The Fish Labelling (England)
Regulations 2003
© Crown Copyright 2003
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STATUTORY INSTRUMENTS
2003 No. 461
FOOD, ENGLAND
The Fish Labelling (England) Regulations
2003
| |
Made |
26th February 2003 |
|
| |
Laid before Parliament |
6th March 2003 |
|
| |
Coming into force |
28th March 2003 |
|
The Secretary of State, in exercise of the powers
conferred on him by sections 16(1)(e) and (f), 17(2), 26(3) and 48(1) of
the Food Safety Act 1990[1] and of all other powers enabling
him in that behalf, having had regard in accordance with section 48(4A)
of that Act to advice given by the Food Standards Agency and after consultation
both as required by Article 9 of Regulation (EC) No. 178/2002 of the European
Parliament and of the Council[2] and in accordance with
section 48(4) and (4B) of the said Act, hereby makes the following Regulations:
Citation, commencement and extent
1. These Regulations may be
cited as the Fish Labelling (England) Regulations 2003, shall come into
force on 28th March 2003 and shall extend to England only.
Interpretation
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[3];
"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[4];
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 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.
Lists of commercial designations
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 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[5].
(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.
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 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.
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 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.
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 ("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.
Enforcement
9. Each food authority shall
enforce and execute these Regulations in its area.
Application of various provisions of the Act
10. 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).
Revocation
11. Paragraph 1 of Schedule
1 to the Food Labelling Regulations 1996 (prescribed names of fish and
shellfish) is revoked insofar as it extends to England.
Signed by authority of the Secretary of State
for Health
Hazel Blears
Parliamentary Under Secretary of State, Department
of Health
26th February 2003
SCHEDULE
Regulation 4
COMMERCIAL DESIGNATIONS
1. - (1) Subject
to sub-paragraphs (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) Sub-paragraph (1) of this
paragraph, as read with the following Table, shall not apply to fish regulated
by Council Regulation (EEC) No 2136/89[6] laying down
common marketing standards for preserved sardines, or Council Regulation
(EEC) No 1536/92[7] laying down common marketing standards
for preserved tuna and bonito.
| Column 1 |
Column 2 |
| Commercial designation |
Species of fish |
| Sea Fish |
|
| Anchovy |
All species of the family Engraulidae |
| Barracuda |
All species of Sphyraena |
| Barramundi |
Lates calcarifer |
| Bass or Sea bass |
Dicentrarchus labrax (L.) |
| Japanese sea bass |
Lateolabrax japonicus |
| Spotted sea bass |
Dicentrarchus punctatus |
| Southern rock bass |
Paralabrax callaensis |
| Bigeye |
All species of Priacanthus |
| Bluefish or Tailor |
Pomatomus saltatrix |
| Bogue |
Boops boops |
| Bonito |
All species of Sarda
All species of Euthynnus, with the exception
of Euthynnus (Katsuwonus) pelamis
All species of Auxis
|
| Brill |
Scophthalmus rhombus (L.) |
| Brisling |
Sprattus sprattus (L.) when canned |
| Catfish or Rockfish or Wolffish |
All species of Anarhichas |
| Cobia |
Rachycentron canadum |
| Cod or Codling |
Gadus morhua |
| Pacific cod or Cod |
Gadus macrocephalus |
| Greenland cod or Cod |
Gadus ogac |
| Saffron cod |
Eleginus gracilis |
| Red cod |
Pseudophycis bachus |
| Blue cod |
Parapercis colias |
| Coley or Saithe or Coalfish |
Pollachius virens (L.) |
| Conger |
All species of Conger |
| Croaker or Drum or Jewfish |
All species of the family Sciaenidae |
| Dab |
Limanda limanda (L.) |
| Yellowtail dab |
Limanda ferruginea |
| Pacific sand dab |
Citharichthys sordidus |
| Dogfish or Flake or Huss or
Rigg or Rock Salmon or Rock Eel |
All species of Galeorhinus
All species of Mustelus
All species of Scyliorhinus
Galeus melastomus
Squalus acanthias (L.)
|
| Dory or John Dory or St Peter's
fish |
Zeus faber (L.) |
| Eel |
All species of Anguilla |
| Emperor |
All species of Lethrinus |
| Escolar or Snake Mackerel |
All species of the family Gempylidae |
| Flounder |
Platichthys flesus (L.) |
| Flying fish |
All species of the family Exocoetidae |
| Greenling |
Ophiodon elongatus |
| Grouper |
All species of Mycteroperca
All species of Epinephelus
|
| Gurnard |
All species of the family Triglidae
Peristedion cataphractum (L.)
|
| Haddock |
Melanogrammus aeglefinus (L.) |
| Hake |
All species of Merluccius
Alternatively, the following may be used
|
| Cape hake |
Merluccius capensis
Merluccius paradoxus
|
| White hake |
Urophycis tenuis |
| Halibut |
Hippoglossus hippoglossus (L.)
Hippoglossus stenolepis
|
| Black halibut or Mock halibut |
Reinhardtius hippoglossoides (Walbaum) |
| Herring |
Clupea harengus (L.) |
| Hilsa |
Tenualosa ilisha |
| Hoki |
Macruronus novaezelandiae |
| Chilean hoki |
Macruronus magellanicus |
| Jack or Scad or Horse Mackerel
or Trevally |
All species of Caranx
All species of Hemicaranx
All species of Seriola
All species of Trachurus
All species of Decapterus
|
| Kingklip |
Genypterus capensis |
| Ladyfish |
All species of the family Elopidae |
| Ling |
All species of Molva |
| Lumpfish or Lumpsucker |
Cyclopterus lumpus |
| Mackerel |
All species of Scomber |
| King Mackerel or Kingfish |
Scomberomorus cavalla |
| Mahi Mahi |
Coryphaena hippurus |
| Marlin |
All species of Makaira |
| Megrim |
All species of Lepidorhombus |
| Milkfish |
Chanos chanos |
| Monk(fish) or Angler(fish) |
Lophius piscatorius (L.)
Lophius americanus
|
| Cape monk(fish) or Cape angler(fish) |
Lophius vomerinus |
| Red mullet |
All species of Mullus |
| Goatfish |
All other species of the family Mullidae |
| Grey mullet |
All species of Mugil
All species of Liza
All species of Chelon
|
| Opah or Moonfish |
All species of Lampris |
| Orange roughy |
Hoplostethus atlanticus |
| Parrotfish |
All species of the family Scaridae |
| Picarel |
Spicara smaris |
| Pilchard |
Sardina pilchardus (Walbaum) |
| Pacific pilchard |
Sardinops sagax that has been caught in
the Pacific Ocean |
| South Atlantic pilchard |
Sardinops sagax that has been caught in
the South Atlantic Ocean |
| Plaice |
Pleuronectes platessa (L.) |
| American plaice |
Hippoglossoides platessoides (Fabr.) |
| Pollack or Pollock or Lythe |
Pollachius pollachius (L.) |
| Pacific pollack or Pacific pollock or
Alaska pollack or Alaska pollock |
Theragra chalcogramma (Pallas) |
| Pomfret or Butterfish |
All species of Brama
All species of Stromateus
All species of Pampus
|
| Poor cod |
Trisopterus minutus |
| Pout or Pout Whiting or Pouting
or Bib |
Trisopterus luscus |
| Rainbow runner |
Elagatis bipinnulata |
| Redfish or Ocean perch or Rose
fish |
All species of Sebastes
All species of Helicolenus
|
| Sablefish |
Anoplopoma fimbria |
| Sailfish |
All species of Istiophorus |
| Sardine |
Small Sardina pilchardus (Walbaum) |
| Sardinella |
All species of Sardinella |
| Scabbard fish or Sabre or Sabre
fish or Silver sabre or Black sabre |
Lepidopus caudatus
Aphanopus carbo
|
| Sea bream or Porgy |
All species of the family Sparidae except
Boops boops |
| Sild |
Small Clupea harengus (L.), when canned
Small Sprattus sprattus (L.), when canned
|
| Skate or Ray or Roker |
All species of Raja |
| Smelt or Sparling |
All species of Osmerus |
| Snapper |
All species of the family Lutjanidae
Alternatively, the following may be used
|
| Jobfish |
All species of Aphareus
All species of Aprion
All species of Pristipomoides
|
| Snook |
All species of Centropomus |
| Sole or Dover sole |
Solea solea (L.) |
| Butter sole |
Isopsetta isolepis |
| Californian sole |
Parophrys vetulus |
| Lemon sole |
Microstomus kitt (Walbaum) |
| Petrale sole |
Eopsetta jordani |
| Rex sole or Long-finned sole |
Glyptocephalus zachirus |
| Rock sole |
Lepidopsetta bilineata |
| Pacific sole |
Microstomus pacificus |
| Torbay sole or Witch |
Glyptocephalus cynoglossus (L.) |
| Sprat |
Sprattus sprattus (L.), except when canned |
| Swordfish |
Xiphias gladius |
| Tarpon |
All species of the family Megalopidae |
| Threadfin bream |
All species of Nemipterus |
| Toothfish or Icefish |
Dissostichus mawsoni
Dissostichus eleginoides
|
| Tuna or Tunny |
All species of Thunnus |
| Skipjack tuna (or tuna) |
Katsuwonus pelamis |
| Albacore tuna (or tuna) |
Thunnus alalunga |
| Yellowfin tuna (or tuna) |
Thunnus albacares |
| Bluefin tuna (or tuna) |
Thunnus thynnus |
| Bigeye tuna (or tuna) |
Thunnus obesus |
| Turbot |
Psetta maxima |
| Wahoo |
Acanthocybium solandri |
| Whitebait |
Small Clupea harengus (L.)
Small Sprattus sprattus (L.) (except when
canned)
|
| Whiting |
Merlangius merlangus (L.) |
| Blue whiting |
Micromesistius poutassou (Risso) |
| Southern blue whiting |
Micromesistius australis |
| Winter flounder |
Pseudopleuronectes americanus (Walbaum) |
| Salmon and Freshwater Fish |
|
| Bacha |
Eutropiichthys vacha |
| Batashi |
Pseudeutropius atherinoides |
| Carp |
All species of the family Cyprinidae
Alternatively the following may be used
|
| Mowrala |
Amblypharyngodon mola |
| Banspata |
Danio devario |
| Bata |
Labeo bata |
| Kalibous |
Labeo calbasu |
| Ghania |
Labeo gonius |
| Ruhi |
Labeo rohita |
| Punti |
Puntius sarana |
| Chelapata |
Salmostoma bacaila |
| Catfish or American catfish or
Channel catfish |
All species of the family Ictaluridae |
| Catfish |
All species of the family Clariidae
All species of the family Siluridae
All species of the family Bagridae
Alternatively the following may be used
|
| Magur |
Clarias batrachus |
| Gulsha |
Mystus bleekeri |
| Buzuri |
Mystus tengara |
| Tengra |
Mystus vittatus |
| Pabda |
Ompok pabda |
| Ayre |
Sperata aor |
| Boal |
Wallago attu |
| Chapila |
Gudusia chapra |
| Char |
All species of Salvelinus |
| Kakila |
Xenentodon cancila |
| Keski |
Corica soborna |
| Khalisha |
Colisa fasciatus |
| Koi |
Anabas testudineus |
| Largebaim |
Mastacembelus armatus |
| Meni |
Nandus nandus |
| Nile perch |
Lates niloticus |
| Pacific dory or Vietnamese sole |
Pangasius bocourti |
| Patabaim |
Macrognathus aculeatus |
| Queen fish |
Botia dario |
| River cobbler |
Pangasius micronemus
Pangasius hypophthalmus
|
| Salmon or Atlantic salmon |
Salmo salar (L.)* |
| Cherry salmon or Pacific salmon |
Oncorhynchus masou masou* |
| Chum salmon or Keta salmon |
Oncorhynchus keta (Walbaum)* |
| Medium red salmon or Coho salmon or
Silver salmon |
Oncorhynchus kisutch (Walbaum)* |
| Pink salmon |
Oncorhynchus gorbuscha (Walbaum)* |
| Red salmon or Sockeye salmon |
Oncorhynchus nerka (Walbaum)* |
| Spring salmon or King salmon or
Chinook salmon or Pacific salmon |
Oncorhynchus tshawytscha (Walbaum)* |
| Shol |
Channa striata |
| Taki |
Channa punctata |
| Tilapia |
All species of Tilapia
All species of Oreochromis
|
| Trout or Brown trout |
Salmo trutta trutta (L.) which has spent
all of its life in fresh water |
| Sea trout or Salmon trout |
Salmo trutta trutta (L.) which has spent
part of its life in sea water |
| Cut-throat trout or trout |
Oncorhynchus clarki clarki |
| Rainbow trout or Steelhead trout or
trout |
Oncorhynchus mykiss |
| Shellfish |
|
| Abalone or Ormer |
All species of Haliotis |
| Clam or Hard shell clam |
Mercenaria mercenaria (L.)
Venus verrucosa (L.)
|
| Clam or Razor clam |
All species of Ensis and Solen |
| Geoduck or Geoduck clam |
Panopea abrupta |
| Surf clam |
All species of Spisula |
| Cockle |
All species of Cerastoderma |
| Crab |
All species of the order Brachyura
All species of the family Lithodidae
|
| Crayfish |
All species of the family Astacidae
All species of the family Parastacidae
All species of the family Austroastacidae
All species of the family Cambaridae
|
| Cuttlefish |
All species of Sepia
Rossia macrosoma
|
| Lobster |
All species of Homarus |
| Slipper lobster |
All species of the family Scyllaridae |
| Squat lobster |
All species of the family Galatheidae |
| Crawfish or Spiny lobster or Rock
lobster |
All species of Panulirus
All species of Palinurus
All species of Jasus
|
| Indian ocean lobster |
Puerulus sewelli |
| Mussel |
All species of the family Mytilidae |
| Octopus |
All species of Octopus |
| Oyster |
All species of Crassostrea
All species of Ostrea
|
| Oyster or Portuguese oyster |
Crassostrea angulata (Lmk.) |
| Oyster or Pacific oyster or Rock
oyster |
Crassostrea gigas (Thunberg) |
| Oyster or Native oyster |
Ostrea edulis (L.) |
| 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 Palaemonidae,
all species of the family Penaeidae, and
all species of the family Pandalidae
|
| King prawn |
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)
|
| Tiger prawn |
Penaeus monodon
Penaeus semisulcatus
Penaeus esculentus
Penaeus kerathurus
Penaeus japonicus
Parapenaeopsis hardwickii
Parapenaeopsis sculptilis
|
| Scallop or King scallop |
Pecten maximus |
| Atlantic scallop or Scallop |
Placopecten magellanicus |
| Queen scallop or Queen or Scallop |
Chlamys (Aequipecten) opercularis |
| Scallop or Common scallop |
All species of the family Pectinidae |
| Scampi or Norway lobster or Dublin
Bay prawn or Langoustine |
Nephrops norvegicus (L.) |
| Pacific scampi |
Metanephrops andamanicus
Metanephrops challengeri
Metanephrops thomsoni
|
| 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 Palaemonidae,
all species of the family Penaeidae, and
all species of the family Pandalidae
|
| Shrimp or Pink shrimp |
Pandalus montagui |
| Shrimp or Brown shrimp |
All species of Crangon |
| Squid |
All species of Loligo
All species of Illex
Ommastrephes sagittatus
|
| Arrow squid |
Nototodarus sloani
Nototodarus gouldi
|
| Whelk |
All species of Buccinum |
| Winkle |
All species of Littorina |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations, which extend to England
only, provide for the execution and enforcement of Title 1, Chapter 2 of
Council Regulation (EC) 104/2000 on the common organisation of the markets
in fishery and aquaculture products as applied by Commission Regulation
(EC) 2065/2001 laying down detailed rules on the application of Council
Regulation (EC) 104/2000 as regards informing consumers about fishery and
aquaculture products.
Title 1 of Chapter 2 of Council Regulation
(EC) 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) 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.
These Regulations:
(a) provide a list, as regards England, 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) make provision as to the relaxation of
the requirements in certain circumstances in relation to information about
the production method (regulation 5); in the case of direct sales of small
quantities to consumers by fishermen or aquaculture producers (regulation
6) and with regard to the inclusion of additional information about catch
area (regulation 7);
(c) create offences and prescribe penalties
(regulation 3), specify enforcement authorities (regulation 9) and incorporate
specified provisions of the Food Safety Act 1990 (regulation 10);
(d) revoke the fish labelling requirements
set out in paragraph 1 of Schedule 1 to the Food Labelling Regulations
1996 in relation to England (regulation 11).
A Regulatory Impact Assessment has been prepared
and placed in the Library of each House of Parliament. Copies may be obtained
from Food Labelling Division, Food Standards Agency, Aviation House, 125
Kingsway, London WC2B 6NH.
Notes:
[1] 1990 c. 16. Functions
formerly exercisable by "the Ministers" are now exercisable in relation
to England by the Secretary of State pursuant to paragraph 8 of Schedule
5 to the Food Standards Act 1999 (1999 c. 28), and paragraphs 12 and 21
of that Schedule amend sections 17 and 48 of the 1990 Act. Functions of
"the Ministers" so far as exercisable in relation to Wales were transferred
to the National Assembly for Wales by S.I. 1999/672 and those functions
so far as exercisable in relation to Scotland were transferred to the Scottish
Ministers by section 53 of the Scotland Act 1998 (1999 c. 46). Regulation
13(4) of S.I. 2000/656 expressly authorises the Secretary of State to revoke
and amend existing Regulations made by the Minister of Agriculture, Fisheries
and Food (whether with others or not) under the Food Safety Act 1990. Section
26(3) of the 1990 Act was amended by section 40(4) of, and Schedule 6 to,
the Food Standards Act 1999.back
[2] OJ No. L31, 1.2.2002,
p. 1; 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.back
[3] OJ No. L17, 21.1.2000,
p. 22.back
[4] OJ No. L278, 23.10.2001,
p. 6.back
[5] 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.back
[6] OJ No. L212, 22.7.89,
p. 79.back
[7] OJ No. L163, 17.6.92,
p. 1.back
ISBN 0 11 045039 6