Statutory Instrument 2003 No. 461

      The Fish Labelling (England) Regulations 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
       
       
 
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