The Fish Labelling (Wales) Regulations 2013

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 [F1 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

F1 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

I1 Reg. 5 in force at 26.9.2013, see reg. 1(2)