PART 3Consumer information and traceability requirements in England
Interpretation of Part 35
In this Part, “the Act” means the Food Safety Act 1990.
Consumer information and traceability requirements6
1
In this Part—
a
“consumer information requirement” means a requirement referred to in paragraph (2), subject to F1paragraphs (6) and (7); and
b
“traceability requirement” means a requirement referred to in paragraph (3), subject to paragraph (7).
2
For the purposes of paragraph (1)(a), the requirements are—
F2a
a requirement specified in Article 35 of Regulation 1379/2013 as read with Article 38 of that Regulation, and a requirement 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
F44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56
The requirement referred to in paragraph (2)(a) does not apply in the 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 F10£45 per day.
Improvement notice7
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 6(1) of F6the Fish Labelling Regulations 2013;
Appeal to the First-tier Tribunal8
1
Section 37 of the Act M1 (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 7 of F7the Fish Labelling Regulations 2013, may appeal to the First-tier Tribunal.
3
Omit subsections (2) to (5).
4
In subsection (6)—
a
for “(3) or (4)”, substitute “
(1)
”
;
b
in paragraph (a), for “a magistrates' court or to the sheriff”, substitute “
the First-tier Tribunal
”
.
Appeals against improvement notices9
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 7 of F8the Fish Labelling Regulations 2013, the First-tier Tribunal 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 First-tier Tribunal may in the circumstances think fit.
3
In subsection (3), omit “for want of prosecution”.
Requirement to keep records10
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.
Requirement to produce records11
An operator who fails to comply with the second sentence of Article 58(4) of Regulation 1224/2009 is guilty of an offence.
Penalties12
A person guilty of an offence under regulation 10 or 11 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Application and modification of the Act13
The Schedule (application and modification of the Act) has effect.
Enforcement14
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.
Review of these Regulations15
1
The Secretary of State must from time to time—
a
carry out a review of these Regulations;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the consumer information requirements and the traceability requirements are enforced in other member States.
3
The report must in particular—
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
4
The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Revocation16
The Fish Labelling (England) Regulations 2010 M2 are revoked.