2013 No. 2139 (W. 209)
The Fish Labelling (Wales) Regulations 2013
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 6(4)1, 16(1)2, 17(2)3, 26(2)(a) and (3)4 and 48(1)5 of the Food Safety Act 19906, and paragraph 1A of Schedule 2 to the European Communities Act 19727.
In accordance with section 48(4A)8 of the Food Safety Act 1990, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for references in these Regulations to the following Regulations to be construed as references to those Regulations as amended from time to time—
Council Regulation (EC) No 104/2000 on the common organisation of the markets in fishery and aquaculture products9;
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 products10;
Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy11; and
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 Policy12.
As required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety13, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
PART 1Introduction
Title, commencement, application and extentI11
1
The title of these Regulations is the Fish Labelling (Wales) Regulations 2013.
2
These Regulations come into force on 26 September 2013 and they apply to Wales.
InterpretationI22
F11
In these Regulations—
F7...
“Regulation 1224/2009” (“Rheoliad >1224/2009”) means Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy;
“Regulation 404/2011” (“Rheoliad >404/2011”) means 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;
“Regulation 1379/2013” (“Rheoliad >1379/2013”) means Regulation (EU) No 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products.
F8“the specified Regulations” (“y Rheoliadau Penodedig”) means Regulation 1224/2009, Regulation 404/2011 and Regulation 1379/2013.
2
In these Regulations—
a
PART 2Consumer information and traceability requirements in Wales
Interpretation of Part 3I33
In this Part, “the Act” (“y Ddeddf”) means the Food Safety Act 1990.
Consumer information and traceability requirementsI44
1
In this Part—
a
“consumer information requirement” (“gofyniad gwybodaeth i ddefnyddwyr”) means a requirement referred to in paragraph (2), subject to paragraphs F2(6) and (7); and
b
“traceability requirement” (“gofyniad gallu i olrhain”) means a requirement referred to in paragraph (3), subject to paragraph (7).
2
For the purposes of paragraph (1)(a), the requirements are—
F3a
a requirement specified in Article 35 of Regulation 1379/2013 (provision of consumer information) as read with Article 38 of that Regulation, and a requirement as 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
F54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66
The requirement referred to in paragraph (2)(a) does not apply in 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 F11£45 per day.
Improvement noticeI55
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.
C13
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;
Appeal to the magistrates’ courtI66
1
Section 37 of the Act14 (appeals to magistrates’ court or sheriff) applies for the purposes of these Regulations with the following modifications.
C22
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 5 of the Fish Labelling (Wales) Regulations 2013, may appeal to the magistrates’ court.
3
Omit subsections (2) to (5).
4
In subsection (6), for “(3) or (4)”, substitute “(1)”.
Appeals against improvement noticesI77
1
Section 39 of the Act (appeals against improvement notices) applies for the purposes of these Regulations with the following modifications.
C32
For subsection (1), substitute—
1
On an appeal against an improvement notice served under section 10, as applied by regulation 5 of the Fish Labelling (Wales) Regulations 2013, the court 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 court may in the circumstances think fit.
3
In subsection (3), omit “for want of prosecution”.
Requirement to keep recordsI88
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 recordsI99
An operator who fails to comply with the second sentence of Article 58(4) of Regulation 1224/2009 is guilty of an offence.
PenaltiesI1010
A person guilty of an offence under regulation 8 or 9 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Application and modification of the ActI1111
The Schedule (application and modification of the Act) has effect.
EnforcementI1212
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.
RevocationI1313
The Fish Labelling (Wales) Regulations 201015 are revoked.
SCHEDULEApplication and modification of the Act
PART 1General
I14C51
The following provisions of the Act apply for the purposes of these Regulations with the following modifications—
Section of the Act | Modification |
---|---|
Section 3 (presumptions that food intended for human consumption) Section 30(8)16 (which relates to evidence of certificates given by a food analyst or examiner) Section 33 (obstruction etc of officers) Section 44 (protection of officers acting in good faith) | In these sections, for “this Act”, in each place occurring, substitute “the Fish Labelling (Wales) Regulations 2013” |
Section 20 (offences due to fault of another person) | For “any of the preceding provisions of this Part”, substitute “section 10(2), as applied by regulation 5 of the Fish Labelling (Wales) Regulations 2013, or regulation 8 or 9 of those Regulations” |
Section 2117 (defence of due diligence) | In subsection (1), for “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 5 of the Fish Labelling (Wales) Regulations 2013, or regulation 8 or 9 of those Regulations” Omit subsections (2) to (4) |
Section 29 (procurement of samples) | In paragraph (b)(ii), after “under section 32 below”, insert “as applied by regulation 13 of, and the Schedule to, the Fish Labelling (Wales) Regulations 2013” |
Section 3518 (punishment of offences) | In subsection (1), after “section 33(1) above”, insert “as applied by regulation 11 of, and the Schedule to, the Fish Labelling (Wales) Regulations 2013” |
After subsection (1), insert—
| |
In subsection (2)—
| |
Omit subsections (3) and (4) | |
Section 36 (offences by bodies corporate) | For “this Act”, substitute “section 10(2) as applied by regulation 7 of the Fish Labelling (Wales) Regulations 2013 or regulation 8 or 9 of those Regulations” |
PART 2Powers of entry
I152
For the purpose of enabling an authorised officer of an enforcement authority to ascertain whether there is, or has been, any contravention of a consumer information requirement or a traceability requirement, section 32 of the Act19 (powers of entry) is modified in its application to these Regulations as follows—
a
in subsection (1)(a), after “made under it” insert “, or of a consumer information requirement or a traceability requirement”;
C4b
after subsection (9), insert—
10
In this section, “consumer information requirement” and “traceability requirement” have the meanings given by regulation 4(1) of the Fish Labelling (Wales) Regulations 2013.
(This note is not part of the Regulations)