The Food Safety (Fishery Products) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement those parts of Council Directive 91/493/EEC of 22nd July 1992 ( “the Directive”) laying down health conditions for the production and placing on the market of fishery products which were not implemented by the Food Safety (Fishery Products) (Derogations) Regulations 1992 ( “the first Regulations”). The whole of the Council Directive is to be implemented by 1st January 1993.

The first Regulations provide that factory vessels and establishments and auction and wholesale markets which are concerned with processing fishery products are to be approved only if they meet the requirements of the Directive. Those requirements, relating to equipment, structure and methods of processing, are set out in Chapters I to IV of the Annex to the Directive and specified in the Schedule to the first Regulations.

These Regulations also relate to Council Directive 92/48/EEC ( “the Fishing Vessel Directive”) of 16th June 1992 laying down minimum hygiene rules applicable to fishery pro-ducts caught on board certain vessels in accordance with Article 3(1)(a)(i). The Fishing Vessel Directive is implemented by the Food Safety (Fishery Products on Board Fishing Vessels) Regulations 1992 ( “the second Regulations”). The second Regulations provide that fishing vessels are to operate according to conditions of hygiene and in some cases additional conditions of hygiene specified in the Annex to the Fishing Vessel Directive and now specified in the Schedule to the second Regulations.

These Regulations impose requirements contained in the Directive in relation to placing fishery products (see regulation 3), aquaculture products (see regulation 5) and bivalve molluscs on the market for human consumption (see regulation 6). They prohibit the placing of specified fishery products which are harmful on the market (see regulation 8), impose requirements concerning gutting (see regulation 4) and the care of fishery products which are to be placed on the market alive (see regulation 7).

These Regulations also provide for the approval of factory vessels and establishments if they meet the requirements of the Directive (see regulation 9) and provide for supplementary matters concerned with applications for, and the determination of, applications (see regulation 10).

Additionally, the Regulations impose requirements on the proprietors of factory vessels and establishments (see regulation 11) and provide for the registration of certain fishing vessels on which shrimps and molluscs are processed by cooking (see regulation 12). The Regulations exclude from the requirements certain sales of small quantities of fishery products by fishermen and sales to the final consumer (see regulations 2 and 14). The Regulations specify that food authorities are to enforce the Regulations (see regulation 19) and also impose requirements on food authorities to monitor the requirements in the Directive. The Regulations also provide for offences, penalties and the application of specified provisions in the Food Safety Act 1990 (see regulations 16 to 19).

The first Regulations are amended (see regulation 20), the Food Hygiene (Docks, Carriers etc) Regulations 1960 are amended (see regulation 21), the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 are amended (see regulation 22), the Food Hygiene (General) Regulations 1970 are amended (see regulation 23) and a transitional provision is included in respect of catching fishery products and the processing of fishery products prior to the date particular regulations come into force (see regulation 24).