The Fish Health Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, implement Council Directive 91/67/EEC (OJ No. L46, 19.2.91, p. 1) (“the Directive”) concerning the animal health conditions governing the placing on the market of aquaculture animals and products, to the extent that it is not implemented by existing legislation.

The Regulations—

(a) prohibit the placing on the market of aquaculture animals and products unless certain requirements relating to their health status are met (regulation 3);

(b) prohibit the transport of aquaculture animals unless certain requirements relating to the welfare of the aquaculture animals and the prevention of the spread of disease are met (regulation 4);

(c) prohibit the despatch of aquaculture animals and products unless requirements as to identification of the aquaculture animals and products are met (regulation 5);

(d) contain certain requirements concerning movement documents for aquaculture animals and products (regulation 6);

(e) prohibit the introduction into Great Britain from elsewhere in the European Economic Community of live fish, eggs and gametes (regulation 7) and live molluscs, eggs and gametes (regulation 9) unless they are accompanied by appropriate movement documents;

(f) prohibit the introduction into Great Britain from elsewhere in the European Economic Community of certain dead fish which have not been eviscerated unless they come from areas of appropriate fish health status (regulation 8);

(g) regulate the relaying within Great Britain of live molluscs, eggs and gametes from certain areas within Great Britain (regulation 9);

(h) prohibit the export to other parts of the European Economic Community of aqua-culture animals and products from Great Britain unless they are accompanied by appropriate movement documents where required pursuant to the Directive (regulation 10);

(i) require the notification of certain diseases (regulation 11);

(j) provide the Minister with powers to impose movement restrictions and to require slaughter and disinfection in connection with certain diseases (regulations 12 and 13);

(k) set out the arrangements regarding, and provide powers for, the enforcement of these Regulations (regulations 14 to 17);

(l) provide European Inspectors with certain powers to establish whether the Directive is applied uniformly (regulation 18);

(m) provide that further persons may be deemed to be guilty of an offence when an offence is committed by a body corporate or a Scottish partnership (regulation 19);

(n) provide that the contravention of, or failure to comply with a provision of the Regulations shall be an offence punishable by a fine not exceeding level 5 on the standard scale except for an offence under regulation 11(1) which shall be punishable by a fine not exceeding level 4 on the standard scale (regulations 20 and 21).

Movement documents Form E and Form F (regulation 2) are set out in Commission Decision No. C(92) 3064 of 11 December 1992 laying down the model of the movement documents referred to in Article 14 of Council Directive 91/67/EEC. Copies of the Decision are available from the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3JR, the Scottish Office Agriculture and Fisheries Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and the Welsh Office Agriculture Department, Cathays Park, Cardiff CF1 3NQ.