Explanatory Note
(This note is not part of the Regulations)
These Regulations enforce in Northern Ireland the consumer information requirements of Chapter 2 of Title I of Council Regulation (EC) No 104/2000 on the common organisation of the markets in fishery and aquaculture products (OJ No L 17, 21.1.2000, p 22) and 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 L 278, 23.10.2001, p 6). They also enforce the traceability requirements of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (OJ No L 343, 22.12.2009, p 1) and Article 67 of Commission Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ No L 112, 30.4.2011, p 1).
Regulation 3 sets out the consumer information requirements and the traceability requirements.
Regulation 4 applies Article 9 of the Food Safety (Northern Ireland) Order 1991 (N.I. 7) with modifications so that an authorised officer of an enforcement authority can serve an improvement notice on an operator who fails to comply with the consumer information requirements or traceability requirements. The provisions, as applied, make the failure to comply with an improvement notice an offence. In addition, the Regulations apply Articles 37 and 38 of the Food Safety (Northern Ireland) Order 1991 with modifications, enabling a decision to serve an improvement notice to be appealed (regulation 5).
Regulation 6 requires operators to keep records of information specified in Article 58(4) of Regulation 1224/2009 (as read with Article 67(4) of Regulation 404/2011) and creates an offence for failure to comply with that requirement. Regulation 7 creates an offence for failure to produce those records on demand in breach of that Article. Regulation 8 prescribes penalties.
Regulation 9 and the Schedule apply certain other provisions of the Food Safety (Northern Ireland) Order 1991 to these Regulations with consequential modifications.
Regulation 10 provides that district councils must execute and enforce these Regulations.
Regulation 11 revokes the Fish Labelling Regulations (Northern Ireland) 2010 (S.R. 2010 No. 54).