The Fish Labelling (Wales) Regulations 2010

Welsh Statutory Instruments

2010 No. 797 (W.78)

FOOD, WALES

The Fish Labelling (Wales) Regulations 2010

Made

15 March 2010

Laid before the National Assembly for Wales

16 March 2010

Coming into force

6 April 2010

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(e) and (f), 17(2), 26(3) and 48(1) of the Food Safety Act 1990(1) and now vested in them(2).

In accordance with section 48(4A) of that Act, they have had regard to relevant advice given by the Food Standards Agency.

As required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council 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(3), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title, application and commencement

1.—(1) The title of these Regulations is the Fish Labelling (Wales) Regulations 2010.

(2) These Regulations apply in relation to Wales and come into force on 6 April 2010.

Interpretation

2.  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(4);

• “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(5);

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 is 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) is 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 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 table in the Schedule to these Regulations as read with the notes to it, 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 in so far as they apply in relation to Wales(6).

(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 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 is an alternative to the commercial designation for that species set out in the Schedule to these Regulations and are names prescribed by law for the purposes set out in paragraph (1).

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 is not a contravention of Article 4.1 of Regulation 104/2000 to offer for retail sale to the final consumer a 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 will be products to a value not exceeding 20 Euro for each purchase.

(2) For the purposes of this Regulation, the reference to 20 Euro is to be taken to be a reference to the sterling equivalent of that number of Euros, 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 is the competent authority.

(2) The Food Standards Agency will draw up and publish a list of provisional commercial designations laid down pursuant to Article 2.

Enforcement

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

Application of various provisions of the Food Safety Act 1990

10.  The following provisions of the Food Safety Act 1990 (“the Act”) apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of the Act is to 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)(7) with the modification that subsections (2) to (4) apply in relation to an offence under regulation 3(1) as they apply in relation to an offence under section 14 or 15;

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

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

(f) section 33(2) with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” is deemed to be a reference to any such requirement as is mentioned in that subsection as applied by paragraph (e);

(g) section 35(1) (punishment of offences)(8) insofar as it relates to offences under section 33(1) as applied by paragraph (e);

(h) section 35(2) and (3)(9) insofar as it relates to offences under section 33(2) as applied by paragraph (f);

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

(j) section 36A (offences by Scottish partnerships)(10); and

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

Revocation

11.  The following Regulations are revoked—

(a) The Fish Labelling (Wales) Regulations 2003(11); and

(b) The Fish Labelling (Amendment) (Wales) Regulations 2006(12).

Gwenda Thomas

Deputy Minister for Social Services, under authority of the Minister for Health and Social Services, one of the Welsh Ministers

15 March 2010

Regulation 4

SCHEDULE Commercial Designations

1.  Subject to paragraphs 2 and 3, the commercial designation for any species of fish specified in column 2 of the following Table is a name specified for that species in the corresponding entry in column 1.

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 Table is followed by an asterisk. In such cases the name used for the food when the fish is smoked is a name specified for that species in column 1 of the said Table preceded by the word “smoked”.

3.  Paragraph 1, as read with the Table, does not apply to fish regulated by Council Regulation (EEC) No 2136/89 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products(13) (as amended by Commission Regulation (EC) No. 1181/2003(14) and Commission Regulation (EC) No. 1345/2008(15)) or Council Regulation (EEC) No. 1536/92 laying down common marketing standards for preserved tuna and bonito(16).

Column 1 Commercial designation	Column 2 Species of fish
Sea Fish
African sole	Solea senegalensis
Alaska plaice	Pleuronectes quadrituberculatus
Alaska pollack or Alaska pollock or Pacific pollack or Pacific pollock	Theragra chalcogramma
Alaska pollock – see entry for Alaska Pollack or Alaska pollock or Pacific pollack or Pacific pollock
Albacore tuna - see entry for Tuna or Tunny
Amberjack – see entry for Horse Mackerel or Jack or Scad or Trevally
American plaice	Hippoglossoides platessoides
Anchovy	All species of the family Engraulidae
Angler(fish) or Monk(fish)	Lophiodes caulinaris
	Lophius americanus
	Lophius budegassa
	Lophius piscatorius
Argentine	All species of the family Argentinidae
Arrowtooth flounder	Atheresthes stomias
Barracuda	All species of Sphyraena
Barramundi	Lates calcarifer
Basking shark – see entry for Shark
Bass or Sea bass	Dicentrarchus labrax
Bib or Pout or Pouting or Pout whiting	Trisopterus luscus
Bigeye	All species of Priacanthus
Bigeye tuna – see entry for Tuna or Tunny
Black bream or Black seabream	Spondyliosoma cantharus
Black halibut or Greenland halibut or Mock halibut	Reinhardtius hippoglossoides
Black oreo – see entry for Oreo
Black sabre – see entry for Cutlassfish or Ribbonfish or Scabbard fish
Black scabbard fish – see entry for Cutlassfish or Ribbonfish or Scabbard fish
Black scorpionfish or Racasse	Scorpaena porcus
Black seabream – see entry for Black bream or Black seabream
Blacktip shark – see entry for Shark
Blue cod	Parapercis colias
Bluefin tuna – see entry for Tuna or Tunny
Bluefish or Tailor	Pomatomus saltatrix
Blue ling	Molva dypterygia
Blue shark – see entry for Shark
Blue whiting	Micromesistius poutassou
Bogue	Boops boops
Bombay duck	Harpadon nehereus
Bonito	All species of Auxis
	All species of Euthynnus, with the exception of Euthynnus (Katsuwonus) pelamis
	All species of Sarda
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Bullet tuna or Melva	Auxis rochei
Brill	Scophthalmus rhombus
Brisling	Sprattus sprattus when canned
Note also entries for Sild, Sprat and Whitebait
Bullet tuna – see entry for Bonito
Butterfish or Pomfret	All species of Brama
	All species of Pampus
	All species of Stromateus
Butter sole	Isopsetta isolepis
Californian sole	Parophrys vetulus
Cape angler(fish) or Cape monk(fish)	Lophius vomerinus
Cape hake – see entry for Hake
Cape monk(fish) – see entry for Cape angler(fish) or Cape monk(fish)
Catfish or Rockfish or Wolffish	All species of Anarhichas
Chilean hoki	Macruronus magellanicus
Coalfish or Coley or Saithe	Pollachius virens
Cobia	Rachycentron canadum
Cod	Gadus macrocephalus
	Gadus morhua
	Gadus ogac
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Codling	Gadus morhua
Greenland cod	Gadus ogac
Pacific cod	Gadus macrocephalus
Codling – see entry for Cod
Coley – see entry for Coalfish or Coley or Saithe
Conger	All species of Conger
Croaker or Drum or Jewfish	All species of the family Sciaenidae
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Meagre	Argyrosomus regius
Mulloway or Southern meagre	Argyrosomus hololepidotus
Cutlassfish or Ribbonfish or Scabbard fish	All species of family Trichiuridae
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Black sabre or Black scabbard fish	Aphanopus carbo
Sabre or Sabre fish or Silver sabre	Lepidopus caudatus
Dab	Limanda limanda
Doctor fish or Surgeon fish or Tang	All species of the family Acanthuridae
Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon	All species of Galeorhinus
	All species of Mustelus
	All species of Scyliorhinus
	Galeus melastomus
	Squalus acanthias
Dory or John Dory or St Peter’s fish	Zeus faber
Dover sole or Sole	Solea solea
Drum – see entry for Croaker or Drum or Jewfish
Eel	All species of Anguilla
Emperor	All species of Lethrinus
Escolar or Snake mackerel	All species of the family Gempylidae
Flake – see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon
Flathead	All species of the family Platycephalidae
Flathead sole	Hippoglossoides elassodon
Flounder	Platichthys flesus
Flying fish	All species of the family Exocoetidae
Garfish or Needlefish	All seafish species of the family Belonidae
Goatfish or Red mullet	All species of the family Mullidae
Greenland cod – see entry for Cod
Greenland halibut – see entry for Black halibut or Greenland halibut or Mock halibut
Greenling	Ophiodon elongatus
Grey mullet	All species of the family Mugilidae
Grouper	All species of Epinephelus
	All species of Mycteroperca
Gurnard	All species of the family Triglidae
	Peristedion cataphractum
Haddock	Melanogrammus aeglefinus
Hake	All species of Merluccius
The following commercial designation may also be used in relation to fish of the species listed against it in Column 2:
Cape hake	Merluccius capensis
	Merluccius paradoxus
Halfbeak	All species of the family Hemiramphidae
Halibut	Hippoglossus hippoglossus
	Hippoglossus stenolepis
Herring	Clupea harengus
Note also entries for Sild and Whitebait
Hilsa	Tenualosa ilisha
Hoki	Macruronus novaezelandiae
Horse mackerel or Jack or Scad or Trevally	All species of Caranx
	All species of Decapterus
	All species of Hemicaranx
	All species of Seriola
	All species of Trachurus
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Amberjack or Yellowtail	Seriola lalandi
Huss – see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon
Icefish or Toothfish	Dissostichus eleginoides
	Dissostichus mawsoni
Indian halibut	Psettodes erumei
Indian mackerel	All species of Rastrelliger
Jack – see entry for Horse mackerel or Jack or Scad or Trevally
Japanese sea bass	Lateolabrax japonicus
Jewfish – see entry for Croaker or Drum or Jewfish
Jobfish – see entry for Snapper
John Dory – see entry for Dory or John Dory or St Peter’s fish
Kingfish or Spanish mackerel	All species of Scomberomorus
The following commercial designations may also be used in relation to fish of the species listed against them in column 2:
King mackerel	Scomberomorus cavalla
Pacific sierra or Sierra mackerel	Scomberomorus sierra
Kingklip	Genypterus capensis
King mackerel – see entry for Kingfish or Spanish mackerel
Ladyfish	All species of the family Elopidae
Leatherjacket or Unicorn fish	Aluterus monoceros
Leerfish	Lichia amia
Lemon sole	Microstomus kitt
Ling	All species of Molva except Molva dypterygia
Longfin codling	Laemonema longipes
Long-finned sole or Rex sole	Glyptocephalus zachirus
Lumpfish or Lumpsucker	Cyclopterus lumpus
Lumpsucker – see entry for Lumpfish or Lumpsucker
Lythe or Pollack or Pollock	Pollachius pollachius
Mackerel	All species of Scomber
Mahi Mahi	Coryphaena hippurus
Marlin	All species of Makaira
Meagre – see entry for Croaker or Drum or Jewfish
Megrim	All species of Lepidorhombus
Melva – see entry for Bonito
Milkfish	Chanos chanos
Mock halibut – see entry for Black halibut or Greenland halibut or Mock halibut
Monk(fish) – see entry for Angler (fish) or Monk(fish)
Moonfish or Opah	All species of Lampris
Mulloway – see entry for Croaker or Drum or Jewfish
Needlefish – see entry for Garfish or Needlefish
Northern rock sole	Lepidopsetta polyxystra
Ocean perch or Redfish or Rose fish	All species of Helicolenus
	All species of Sebastes
Opah – see entry for Moonfish or Opah
Orange roughy	Hoplostethus atlanticus
Oreo	Allocyttus niger
	Pseudocyttus maculatus
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Black oreo	Allocyttus niger
Smooth oreo	Pseudocyttus maculatus
Oriental bluefin tuna - see entry for Tuna or Tunny
Pacific angler(fish) or Pacific monk(fish)	Lophius litulon
Pacific bluefin tuna – see entry for Tuna or Tunny
Pacific cod - see entry for Cod
Pacific monk(fish) – see entry for Pacific angler(fish) or Pacific monk(fish)
Pacific pilchard	Sardinops sagax that has been caught in the Pacific Ocean
Pacific pollack – see entry for Alaska pollack or Alaska pollock or Pacific pollack or Pacific pollock
Pacific pollock – see entry for Alaska pollack or Alaska pollock or Pacific pollack or Pacific pollock
Pacific sand dab	Citharichthys sordidus
Pacific sierra – see entry for Kingfish or Spanish mackerel
Pacific sole	Microstomus pacificus
Parrotfish	All species of the family Scaridae
Patagonian icefish	Patagonotothen ramsayi
Peruvian moonfish	Selene peruviana
Petrale sole	Eopsetta jordani
Picarel	Spicara smaris
Pilchard	Sardina pilchardus
Note also entry for Sardine
Plaice	Pleuronectes platessa
Pollack – see entry for Lythe or Pollack or Pollock
Pollock – see entry for Lythe or Pollack or Pollock
Pomfret – see entry for Butterfish or Pomfret
Ponyfish or Thirali	All species of the family Leiognathidae
Poor cod	Trisopterus minutus
Porbeagle – see entry for Shark
Porgy or Sea bream	All species of the family Sparidae except Boops boops
Pout – see entry for Bib or Pout or Pouting or Pout whiting
Pouting – see entry for Bib or Pout or Pouting or Pout whiting
Pout whiting – see entry for Bib or Pout or Pouting or Pout whiting
Rabbitfish	All species of the family Siganidae
Racasse – see entry for Black scorpionfish or Racasse
Rainbow runner	Elagatis bipinnulata
Ray or Skate	All species of the family Rajidae
The following commercial designation may also be used in relation to fish listed against it in Column 2:
Roker	Raja clavata
Red cod	Pseudophycis bachus
Redfish – see entry for Ocean perch or Redfish or Rose fish
Red mullet – see entry for Goatfish or Red mullet
Rex sole – see entry for Long-finned sole or Rex sole
Ribbonfish – see entry for Cutlassfish or Ribbonfish or Scabbard fish
Rigg –see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon
Rock eel –see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon
Rockfish – see entry for Catfish or Rockfish or Wolffish
Rock salmon – see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon
Rock sole	Lepidopsetta bilineata
Roker – see entry for Ray or Skate
Rose fish – see entry for Ocean perch or Redfish or Rose fish
Sablefish	Anoplopoma fimbria
Sabre - see entry for Cutlassfish or Ribbonfish or Scabbard fish
Sabre fish – see entry for Cutlassfish or Ribbonfish or Scabbard fish
Saffron cod	Eleginus gracilis
Sailfish	All species of Istiophorus
St Peter’s fish – see entry for Dory or John Dory or St Peter’s fish
Saithe – see entry for Coalfish or Coley or Saithe
Sandbar shark – see entry for Shark
Sand smelt or Silverside	All species of the family Atherinidae
Sardine	Small Sardina pilchardus
Note also entry for Pilchard
Sardinella	All species of Sardinella
Scabbard fish – see entry for Cutlassfish or Ribbonfish or Scabbard fish
Scad – see entry for Horse mackerel or Jack or Scad or Trevally
Sea bass – see entry for Bass or Sea bass
Sea bream – see entry for Porgy or Sea bream
Sea catfish	All species of the family Ariidae
Shark	Carcharhinus falciformis
	Carcharhinus limbatus
	Carcharhinus plumbeus
	Cetorhinus maximus
	Isurus oxyrinchus
	Lamna nasus
	Prionace glauca
	Rhincodon typus
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Basking shark	Cetorhinus maximus
Blacktip shark	Carcharhinus limbatus
Blue shark	Prionace glauca
Porbeagle	Lamna nasus
Sandbar shark	Carcharhinus plumbeus
Shortfin mako or Shortfin mako shark	Isurus oxyrinchus
Silky shark	Carcharhinus falciformis
Whale shark	Rhincodon typus
Shortfin mako – see entry for Shark
Shortfin mako shark – see entry for Shark
Sierra mackerel – see entry for Kingfish or Spanish mackerel
Sild	Small Clupea harengus, when canned
	Small Sprattus sprattus, when canned
Note also entries for Brisling, Herring, Sprat and Whitebait
Silky shark – see entry for Shark
Sillago	All species of the family Sillaginidae
Silver sabre – see entry for Cutlassfish or Ribbonfish or Scabbard fish
Silverside – see entry for Sand smelt or Silverside
Skate – see entry for Ray or Skate
Skipjack tuna or Tuna	Euthynnus (Katsuwonus) pelamis
Note also entry for Tuna or Tunny
Small sandeel	Ammodytes tobianus
Smelt or Sparling	All species of Osmerus
Smooth oreo – see entry for Oreo or Smooth oreo
Snake mackerel – see entry for Escolar or Snake mackerel
Snapper	All species of the family Lutjanidae
The following commercial designation may also be used in relation to fish of the species listed against it in Column 2:
Jobfish	All species of Aphareus
	All species of Aprion
	All species of Pristipomoides
Snook	All species of Centropomus
Soldier fish or Squirrel fish	All species of the family Holocentridae
Sole – see entry for Dover sole or Sole
South Atlantic pilchard	Sardinops sagax that has been caught in the South Atlantic Ocean
Southern blue whiting	Micromesistius australis
Southern bluefin tuna – see entry for Tuna or Tunny
Southern meagre – see entry for Croaker or Drum or Jewfish
Southern rock bass	Paralabrax callaensis
Spadefish	All species of the family Ephippidae
Spanish mackerel – see entry for Kingfish or Spanish mackerel
Sparling – see entry for Smelt or Sparling
Speckled flounder	Paralichthys woolmani
Spottail spiny turbot or Spottail turbot	Psettodes belcheri
Spottail turbot – see entry for Spottail spiny turbot or Spottail turbot
Spotted sea bass	Dicentrarchus punctatus
Sprat	Sprattus sprattus, except when canned
Note also entries for Brisling, Sild and Whitebait
Squirrel fish – see entry for Soldier fish or Squirrel fish
Stargazer	All species of the family Uranoscopidae
Striped bass	Morone saxatilis
Surgeon fish – see entry for Doctor fish or Surgeon fish or Tang
Swordfish	Xiphias gladius
Tailor – see entry for Bluefish or Tailor
Tang – see entry for Doctor fish or Surgeon fish or Tang
Tarpon	All species of the family Megalopidae
Thirali – see entry for Ponyfish or Thirali
Threadfin	Polynemus tetradactylum
Threadfin bream	All species of Nemipterus
Toothfish – see entry for Icefish or Toothfish
Torbay sole or Witch	Glyptocephalus cynoglossus
Torpedo sand perch	Diplectrum maximum
Trevally – see entry for Horse mackerel or Jack or Scad or Trevally
Tuna or Tunny	All species of Thunnus
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Albacore tuna	Thunnus alalunga
Bigeye tuna	Thunnus obesus
Bluefin tuna	Thunnus thynnus
Oriental bluefin tuna or Pacific bluefin tuna	Thunnus orientalis
Southern bluefin tuna	Thunnus maccoyii
Yellowfin tuna	Thunnus albacares
Note also entry for Skipjack tuna or Tuna
Tunny – see entry for Tuna or Tunny
Turbot	Psetta maxima
Unicorn fish – see entry for Leatherjacket or Unicorn fish
Wahoo	Acanthocybium solandri
Weever	All species of the family Trachinidae
Whale shark – see entry for Shark
Whitebait	Small Clupea harengus
	Small Sprattus sprattus (except when canned)
Note also entries for Brisling, Herring, Sild and Sprat
White hake	Urophycis tenuis
Whiting	Merlangius merlangus
Winter flounder	Pseudopleuronectes americanus
Witch – see entry for Torbay sole or Witch
Wolffish – see entry for Catfish or Rockfish or Wolffish
Wolf herring	Chirocentrus dorab
Wrasse	All species of the family Labridae
Yellowfin sole	Limanda aspera
Yellowfin tuna – see entry for Tuna or Tunny
Yellowstripe scad	Sellaroides leptolepis
Yellowtail – see entry for Horse mackerel or Jack or Scad or Trevally
Yellowtail dab or Yellowtail flounder	Limanda ferruginea
Yellowtail flounder – see entry for Yellowtail dab or Yellowtail flounder
Salmon and Freshwater Fish
American catfish – see entry for Catfish
Arctic cisco or Pollan	Coregonus autumnalis
Atlantic salmon or Salmon	Salmo salar*
Ayre – see entry for Catfish
Bacha	Eutropiichthys vacha
Banspata – see entry for Carp
Barbel – see entry for Carp
Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’	All species of the family Pangasiidae
The following commercial designation may also be used in relation to fish of the species listed against it in Column 2:
Royal basa	Pangasianodon bocourti
Basa catfish – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
Bata – see entry for Carp
Batashi	Pseudeutropius atherinoides
Boal – see entry for Catfish
Brown trout – see entry for Trout
Buzuri – see entry for Catfish
Cachama or Tambaqui	Colossoma macroponum
Carp	All species of the family Cyprinidae
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Banspata	Danio devario
Barbel	Barbus barbus
Bata	Labeo bata
Chelapata	Salmostoma bacaila
Freshwater bream	Abramis brama
Ghania	Labeo gonius
Kalibous	Labeo calbasu
Mowrala	Amblypharyngodon mola
Punti	Puntius sarana
Roach	Rutilus rutilus
Rohu or Ruhi	Labeo rohita
Tench	Tinca tinca
Catfish	All species of the family Bagridae
	All species of the family Clariidae
	All species of the family Ictaluridae
	All species of the family Pimelodidae
	All species of the family Siluridae
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
American catfish or Channel catfish	All species of the family Ictaluridae
Ayre	Sperata aor
Boal	Wallago attu
Buzuri	Mystus tengara
Gulsha	Mystus bleekeri
Magur	Clarias batrachus
Pabda	Ompok pabda
Tengra	Mystus vittatus
Channel catfish – see entry for Catfish
Chapila	Gudusia chapra
Char	All species of Salvelinus
Chelapata – see entry for Carp
Cherry salmon – see entry for Pacific salmon
Chinook salmon – see entry for Pacific salmon
Chum salmon – see entry for Pacific salmon
Coho salmon – see entry for Pacific salmon
Cut-throat trout – see entry for Trout
Dry star baim or Largebaim or Patabaim	All species of the family Mastacembelidae
Freshwater bream – see entry for Carp
Ghania – see entry for Carp
Gulsha – see entry for Catfish
Kakila	Xenentodon cancila
Kalibous – see entry for Carp
Keski	Corica soborna
Keta salmon – see entry for Pacific salmon
Khalisha	Colisa fasciatus
King salmon – see entry for Pacific salmon
Koi	Anabas testudineus
Largebaim – see entry for Dry star baim or Largebaim or Patabaim
Magur – see entry for Catfish
Medium red salmon – see entry for Pacific salmon
Meni	Nandus nandus
Mowrala – see entry for Carp
Nile perch	Lates niloticus
Northern pike or Pike	Esox lucius
Pabda – see entry for Catfish
Pacific salmon	Oncorhynchus gorbuscha*
	Oncorhynchus keta*
	Oncorhynchus kisutch*
	Oncorhynchus masou masou*
	Oncorhynchus nerka*
	Oncorhynchus tshawytscha*
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Cherry salmon	Oncorhynchus masou masou*
Chinook salmon or King salmon or Spring salmon	Oncorhynchus tshawytscha*
Chum salmon or Keta salmon	Oncorhynchus keta*
Coho salmon or Medium red salmon or Silver Salmon	Oncorhynchus kisutch*
Pink salmon	Oncorhynchus gorbuscha*
Red salmon or Sockeye salmon	Oncorhynchus nerka*
Pacu	Piaractus mesopotamicus
Panga(s) – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
Panga(s) catfish – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
Pangasius – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
Pangasius catfish – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these with the additional word ‘catfish’
Patabaim – see entry for Dry star baim or Largebaim or Patabaim
Pike – see entry for Northern pike or Pike
Pike-Perch or Zander	Stizostedion lucioperca
Pink salmon – see entry for Pacific salmon
Pollan – see entry for Arctic cisco or Pollan
Punti – see entry for Carp
Queen fish	Botia dario
Rainbow trout – see entry for Trout
Red salmon – see entry for Pacific salmon
River cobbler – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
River cobbler catfish – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
Roach – see entry for Carp
Rohu – see entry for Carp
Royal basa – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
Ruhi – see entry for Carp
Salmon – see entry for Atlantic salmon or Salmon
Salmon trout or Sea trout	Salmo trutta trutta which has spent part of its life in sea water
Note also entry for Trout.
Sea trout – see entry for Salmon trout or Sea Trout
Shol	Channa striata
Silver salmon – see entry for Pacific salmon
Snakehead	All species of the family Channidae
Sockeye salmon – see entry for Pacific salmon
Spring salmon – see entry for Pacific salmon
Steelhead trout – see entry for Trout
Taki	Channa punctata
Tambaqui – see entry for Cachama or Tambaqui
Tench – see entry for Carp
Tengra – see entry for Catfish
Tilapia	All species of Oreochromis
	All species of Tilapia
Trout	Oncorhynchus clarki clarki
	Oncorhynchus mykiss
	Salmo trutta which has spent all of its life in fresh water
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Brown trout	Salmo trutta trutta which has spent all of its life in fresh water
Cut-throat trout	Oncorhynchus clarki clarki
Rainbow trout or Steelhead trout	Oncorhynchus mykiss
Note also entry for Salmon trout or Sea Trout
Vendace	Coregonus albula
Zander – see entry for Pike – Perch or Zander
Shellfish
Abalone or Ormer	All species of Haliotis
Amande clam or Dog cockle	Glycymeris glycymeris
Ark clam or Arkshell	All species of the family Arcidae
Arkshell – see entry for Ark clam or Arkshell
Arrow squid	Nototodarus gouldi
	Nototodarus sloani
Atlantic scallop – see entry for Common Scallop or Scallop
Brown shrimp or Shrimp	All species of Crangon
Note also entries for Pink shrimp or Shrimp, Prawn or Shrimp and Shrimp
Clam or Hard shell clam	Mercenaria mercenaria
	Venus verrucosa
Clam or Razor clam or Razor shell	All species of Ensis and Solen
Cockle	All species of Cerastoderma
Common scallop or Scallop	All species of the family Pectinidae
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Atlantic scallop	Placopecten magellanicus
King scallop	Pecten maximus
Queen or Queen scallop	Chlamys (Aequipecten) opercularis
Crab	All species of the order Brachyura
	All species of the family Lithodidae
Crawfish or Rock lobster or Spiny lobster	All species of Jasus
	All species of Palinurus
	All species of Panulirus
Crayfish	All species of the family Astacidae
	All species of the family Austroastacidae
	All species of the family Cambaridae
	All species of the family Parastacidae
Cuttlefish	All species of Sepia
	Rossia macrosoma
Dog cockle – see entry for Amande clam or Dog cockle
Dublin bay prawn or Langoustine or Norway lobster or Scampi	Nephrops norvegicus
Gaper or Soft shell clam	All species of Mya
Geoduck or Geoduck clam	Panopea abrupta
Geoduck clam – see entry for Geoduck or Geoduck clam
Grooved carpet shell or Native clam or Palourde	Ruditapes decussatus
	Tapes decussatus
	Venerupis decussa
Hard shell clam – see entry for Clam or Hard shell clam
Indian Ocean lobster or Whip lobster	Puerulus angulatus
	Puerulus carinatus
	Puerulus sewelli
Japanese carpet shell or Manila clam	Ruditapes philippinarum
	Tapes philippinarum
King prawn	All species of the family Aristaeidae
	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)
King scallop – see entry for Common scallop or Scallop
Langoustine – see entry for Dublin Bay prawn or Langoustine or Norway lobster or Scampi
Lobster	All species of Homarus
Manila clam – see entry for Japanese carpet shell or Manila clam
Mantis shrimp	Squilla mantis
Mussel	All species of the family Mytilidae
Native clam – see entry for Grooved carpet shell or Native clam or Palourde
Native oyster – see entry for Oyster
Norway lobster – see entry for Dublin Bay prawn or Langoustine or Norway lobster or Scampi
Octopus	All species of Octopus
Ormer – see entry for Abalone or Ormer
Otter shell clam	Lutraria lutraria
Oyster	All species of Crassostrea
	All species of Ostrea
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Native oyster	Ostrea edulis
Pacific oyster or Rock oyster	Crassostrea gigas
Portuguese oyster	Crassostrea angulata
Pacific oyster – see entry for Oyster
Pacific scampi	Metanephrops andamanicus
	Metanephrops challengeri
	Metanephrops thomsoni
Palourde – see entry for Grooved carpet shell or Native clam or Palourde
Pink shrimp or Shrimp	Pandalus montagui
Note also entries for Brown shrimp or Shrimp, Prawn or Shrimp and Shrimp
Portuguese oyster – see entry for Oyster
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 Aristaeidae
	all species of the family Palaemonidae
	all species of the family Pandalidae
	all species of the family Penaeidae
Note also entries for Brown shrimp or Shrimp, Pink shrimp or Shrimp and Shrimp
Queen – see entry for Common scallop or Scallop
Queen scallop – see entry for Common scallop or Scallop
Razor clam – see entry for Clam or Razor clam or Razor shell
Razor shell – see entry for Clam or Razor clam or Razor shell
Rock lobster – see entry for Crawfish or Rock lobster or Spiny lobster
Rock oyster – see entry for Oyster
Scallop – see entry for Common scallop or Scallop
Scampi – see entry for Dublin Bay prawn or Langoustine or Norway lobster or Scampi
Sea urchin	All species of the family Echinidae
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 Aristaeidae
	all species of the family Palaemonidae
	all species of the family Pandalidae
	all species of the family Penaeidae
Note also entries for Brown Shrimp or Shrimp, Pink Shrimp or Shrimp and Prawn or Shrimp
Slipper lobster	All species of the family Scyllaridae
Soft shell clam – see entry for Gaper or Soft shell clam
Spiny lobster – see entry for Crawfish or Rock lobster or Spiny lobster
Squat lobster	All species of the family Galatheidae
Squid	All species of Illex
	All species of Loligo
	Ommastrephes sagittatus
Surf clam	All species of Spisula
Tiger prawn	Parapenaeopsis hardwickii
	Parapenaeopsis sculptilis
	Penaeus esculentus
	Penaeus japonicus
	Penaeus kerathurus
	Penaeus monodon
	Penaeus semisulcatus
Whelk	All species of Buccinum
Whip lobster – see entry for Indian Ocean lobster or Whip lobster
Winkle	All species of Littorina

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which apply in relation to Wales, provide for the execution and enforcement of Title I, Chapter 2 (consumer information) of Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products (OJ No. L17, 21.2.2000, p.22) as applied by 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 (OJ No. L278, 23.10.2001, p.6).

2.  Title I of Chapter 2 of Council Regulation (EC) No. 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) No. 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.

3.  These Regulations:

(a) provide an updated list 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) provide for the derogation at Article 4.2 of Regulation (EC) No. 2065/2001 (circumstances in which fishery products may be sold to the final consumer without being marked or labelled with the production method) (regulation 5);

(c) in accordance with Article 7 of Regulation (EC) No. 2065/2001, determine what constitutes “small quantities of products sold directly to consumers” for the purposes of applying the derogation at Article 4.1 of Regulation (EC) No. 104/2001 (regulation 6); and

(d) provide that the indication of catch area required by Article 4.1(c) of Regulation (EC) No. 104/2001 may, in accordance with Article 5(1)(c) of Regulation (EC) No. 2065/2001, indicate the various Member States or third countries in which the product was farmed (regulation 7);

(e) create offences and prescribe penalties (regulation 3), specify enforcement authorities (regulation 9) and apply with modifications specified provisions of the Food Safety Act 1990 (regulation 10); and

(f) revoke the Fish Labelling (Wales) Regulations 2003 (S.I. 2003/635 (W.177)) and the Fish Labelling (Amendment) (Wales) Regulations 2006 (S.I. 2006/1339 (W.131)) (regulation 11).

A full regulatory impact assessment has been undertaken in respect of these Regulations and is available from the Food Standards Agency, 11th Floor, South Gate House, Wood Street, Cardiff CF10 1EW.

(1)

1996 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 18 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), (“the 1999 Act”). Section 48 was also amended by S.I. 2004/2990. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40), Schedule 6 to the 1999 Act and S.I. 2004/2990.

(2)

Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the 1999 Act. Functions of “the Ministers” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). Those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) as read with section 40(2) of the 1999 Act.

(3)

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny — Part Four (OJ No. L188, 18.7.2009, p.14).

(4)

OJ No. L17, 21.1.2000, p.22. That Regulation was amended by the EU Act concerning the conditions of accession of the Czech Republic etc. (OJ No. L236, 23.9.2003, p.33).

(5)

OJ No. L278, 23.10.2001, p.6. That Regulation was corrected by a Corrigendum (OJ No. L10, 12.1.2002, p.82 (2001/2065)) and it was amended by the EU Act concerning the conditions of accession of the Czech Republic etc. (OJ No. L236, 23.9.2003, p.33) and by Commission Regulation (EC) No. 1792/2006 (OJ No. L362, 20.12.2006, p.1).

(6)

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.

(7)

Section 21 was amended by S.I. 2004/3279.

(8)

Section 35(1) is amended by the Criminal Justice Act 2003 (2003 c. 44), Schedule 26, paragraph 42, from a date to be appointed.

(9)

Section 35(3) was amended by S.I. 2004/3279.

(10)

Section 36A was inserted by the Food Standards Act 1999 (1999 c. 28), Schedule 5, paragraph 16.

(11)

S.I. 2003/1635 (W.177).

(12)

S.I. 2006/1339 (W.131).

(13)

OJ No. L212, 22.7.1989, p.79.

(14)

OJ No. L165, 3.7.2003, p.17.

(15)

OJ No. L348, 24.12.2008, p.76.

(16)

OJ No. L.163, 17.6.1992, p.1.