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The Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994
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7.—(1) For paragraphs (1) and (2) of regulation 13 of the principal Regulations (registration of wholesale and auction markets that are not establishments), there shall be substituted the following paragraphs—
“(1) Subject to any applicable derogation, no person shall operate a wholesale or auction market which is not an establishment for the purposes of these Regulations because fishery products are only displayed for sale or sold by wholesale there, unless that market has been registered with the relevant food authority.
(1A) An application for registration pursuant to paragraph (1) shall be in writing and shall be accompanied by such supplementary information, documents, plans and diagrams as are necessary to enable the food authority to determine the application, having regard to the requirements of paragraphs 3 to 7 of Chapter II of the Schedule to the Food Safety (Fishery Products) (Derogations) Regulations 1992 (requirements during and after landing).
(1B) In every case the food authority shall notify the applicant in writing of the result of the application and in the case of refusal of the reasons for that refusal.
(2) The relevant food authority shall register a market in respect of which an application is made only if it is satisfied that the market meets such of the requirements in the Council Directive as apply to it, save in so far as—
(a)there is in force in respect of that market any derogation; and
(b)the terms on which that derogation was granted are complied with.”.
(2) After paragraph (3) of regulation 13 of the principal Regulations there shall be inserted the following paragraph—
“(4) Where an appeal against a refusal by a food authority to register a market is made to a magistrates' court or the sheriff in accordance with section 37(1)(c) of the Act as applied by regulation 18(3), the applicant may continue to operate the market to which the appeal relates until such time as the appeal is finally determined.”.
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