The Fish Labelling (Wales) Regulations 2013

PART 2 E+W Consumer information and traceability requirements in Wales

Interpretation of Part 3 E+W

3.  In this Part, “the Act” (“y Ddeddf”) means the Food Safety Act 1990.

Commencement Information

I1 Reg. 3 in force at 26.9.2013, see reg. 1(2)

Consumer information and traceability requirements E+W

4.—(1) In this Part—

(a) “consumer information requirement” (“gofyniad gwybodaeth i ddefnyddwyr”) means a requirement referred to in paragraph (2), subject to paragraphs [F1 (6) and] (7); and

(b) “traceability requirement” (“gofyniad gallu i olrhain”) means a requirement referred to in paragraph (3), subject to paragraph (7).

(2) For the purposes of paragraph (1)(a), the requirements are—

[F2 (a) a requirement specified in Article 35 of Regulation 1379/2013 (provision of consumer information) as read with Article 38 of that Regulation, and a requirement as specified in Article 39(3) or (4) of Regulation 1379/2013 as read with paragraph (1) of that Article;]

(b) a requirement specified in Article 58(6) of Regulation 1224/2009 as read with Articles 67(13) and 68 of Regulation 404/2011.

(3) For the purposes of paragraph (1)(b), the requirements are Article 58(2), (3) and (5) of Regulation 1224/2009 as read with Article 58(7) of that Regulation [F3 , Article 67(1) to (3) [F4 , (5) to (7) and (9)] to (13) of Regulation 404/2011 and Articles 35(1)(c) and 38 of Regulation 1379/2013].

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (6) The requirement referred to in paragraph (2)(a) does not apply in circumstances described in Article 35(4) of Regulation 1379/2013 as read with Article 58(8) of Regulation 1224/2009.]

(7) The requirements referred to in paragraphs (2)(b) and (3) do not apply in circumstances described in Article 58(8) of Regulation 1224/2009, as read with Article 67(14) of Regulation 404/2011, where the sale does not exceed [F7 £45] per day.

Textual Amendments

F1 Words in reg. 4(1)(a) substituted (13.12.2014) by The Fish Labelling (Wales) (Amendment) Regulations 2014 (S.I. 2014/3079), regs. 1(3), 2(3)(a)

F2 Reg. 4(2)(a) substituted (13.12.2014) by The Fish Labelling (Wales) (Amendment) Regulations 2014 (S.I. 2014/3079), regs. 1(3), 2(3)(b)

F3 Words in reg. 4(3) substituted (13.12.2014) by The Fish Labelling (Wales) (Amendment) Regulations 2014 (S.I. 2014/3079), regs. 1(3), 2(3)(c)

F4 Words in reg. 4(3) substituted (31.12.2020) by The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/435), regs. 1(3), 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Reg. 4(4)(5) omitted (13.12.2014) by virtue of The Fish Labelling (Wales) (Amendment) Regulations 2014 (S.I. 2014/3079), regs. 1(3), 2(3)(d)

F6 Reg. 4(6) substituted (13.12.2014) by The Fish Labelling (Wales) (Amendment) Regulations 2014 (S.I. 2014/3079), regs. 1(3), 2(3)(e)

F7 Sum in reg. 4(7) substituted (31.12.2020) by The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/435), regs. 1(3), 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I2 Reg. 4 in force at 26.9.2013, see reg. 1(2)

Improvement notice E+W

5.—(1) Section 10 of the Act (improvement notices) applies for the purposes of these Regulations with the following modifications.

(2) For subsection (1), substitute—

“(1) If an authorised officer of an enforcement authority has reasonable grounds for believing that an operator has not complied with, or is not likely to comply with, a consumer information requirement or a traceability requirement, the officer may, by notice served on that operator (in this Act referred to as an “improvement notice”)—

(a) state the officer’s grounds for believing that the operator is failing to comply with those requirements;

(b) specify the matters which constitute the operator’s failure so to comply;

(c) specify the measures which, in the officer’s opinion, the operator must take in order to secure compliance; and

(d) require the operator to take those measures, or measures which are at least equivalent to them, within such period as may be specified in the notice.”

(3) For subsection (3), substitute—

“(3) In this section—

(a) “consumer information requirement” and “traceability requirement” have the meanings given by regulation 4(1) of the Fish Labelling (Wales) Regulations 2013;

(b) “operator” has the same meaning as in the [F8 specified] Regulations as defined in regulation 2(1) of the Fish Labelling (Wales) Regulations 2013 as read with regulation 2(2)(a) of those Regulations. ”

Textual Amendments

F8 Word in reg. 5(3) substituted (31.12.2020) by The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/435), regs. 1(3), 4(4); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Reg. 5(3) modified (13.12.2014) by The Fish Labelling (Wales) (Amendment) Regulations 2014 (S.I. 2014/3079), regs. 1(3), 3

Commencement Information

I3 Reg. 5 in force at 26.9.2013, see reg. 1(2)

Appeal to the magistrates’ court E+W

6.—(1) Section 37 of the Act(1) (appeals to magistrates’ court or sheriff) applies for the purposes of these Regulations with the following modifications.

(2) For subsection (1), substitute—

“(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10, as applied by regulation 5 of the Fish Labelling (Wales) Regulations 2013, may appeal to the magistrates’ court.”

(3) Omit subsections (2) to (5).

(4) In subsection (6), for “(3) or (4)”, substitute “(1)”.

Modifications etc. (not altering text)

C2 Reg. 6(2) modified (13.12.2014) by The Fish Labelling (Wales) (Amendment) Regulations 2014 (S.I. 2014/3079), regs. 1(3), 3

Commencement Information

I4 Reg. 6 in force at 26.9.2013, see reg. 1(2)

Appeals against improvement notices E+W

7.—(1) Section 39 of the Act (appeals against improvement notices) applies for the purposes of these Regulations with the following modifications.

(2) For subsection (1), substitute—

“(1) On an appeal against an improvement notice served under section 10, as applied by regulation 5 of the Fish Labelling (Wales) Regulations 2013, the court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.”

(3) In subsection (3), omit “for want of prosecution”.

Modifications etc. (not altering text)

C3 Reg. 7(2) modified (13.12.2014) by The Fish Labelling (Wales) (Amendment) Regulations 2014 (S.I. 2014/3079), regs. 1(3), 3

Commencement Information

I5 Reg. 7 in force at 26.9.2013, see reg. 1(2)

Requirement to keep records E+W

8.—(1) For the purposes of Article 58(4) of Regulation 1224/2009, an operator must keep a record of the information referred to in that Article as read with Article 67(4) of Regulation 404/2011.

(2) The record must be kept for three years from the date the transaction is completed.

(3) It is an offence to fail to comply with this regulation.

Commencement Information

I6 Reg. 8 in force at 26.9.2013, see reg. 1(2)

Requirement to produce records E+W

9.  An operator who fails to comply with the second sentence of Article 58(4) of Regulation 1224/2009 is guilty of an offence.

Commencement Information

I7 Reg. 9 in force at 26.9.2013, see reg. 1(2)

Penalties E+W

10.  A person guilty of an offence under regulation 8 or 9 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I8 Reg. 10 in force at 26.9.2013, see reg. 1(2)

Application and modification of the Act E+W

11.  The Schedule (application and modification of the Act) has effect.

Commencement Information

I9 Reg. 11 in force at 26.9.2013, see reg. 1(2)

Enforcement E+W

12.—(1) Each food authority must enforce and execute these Regulations in its area.

(2) Each food authority is the competent authority in its area for the purposes of Article 58(4) of Regulation 1224/2009 and Article 67(5) of Regulation 404/2011.

Commencement Information

I10 Reg. 12 in force at 26.9.2013, see reg. 1(2)

Revocation E+W

13.  The Fish Labelling (Wales) Regulations 2010(2) are revoked.

Commencement Information

I11 Reg. 13 in force at 26.9.2013, see reg. 1(2)

(1)

Section 37 was amended by section 48(1) of, and paragraph 13(1) and (3) of Schedule 8 to, the Tribunals, Courts and Enforcement Act 2007 (c.15) and by section 146 of, and Part 1 of Schedule 23 to, that Act.

(2)

S.I. 2010/797 (W.78), as amended by S.I. 2011/1043.