The Fish Labelling (Wales) Regulations 2013

PART 1E+WIntroduction

Title, commencement, application and extentE+W

1.—(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.

Commencement Information

I1Reg. 1 in force at 26.9.2013, see reg. 1(2)

InterpretationE+W

2.—[F1(1) In these Regulations—

F2...

“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.]

[F3“the specified Regulations” (“y Rheoliadau Penodedig”) means Regulation 1224/2009, Regulation 404/2011 and Regulation 1379/2013.]

(2) In these Regulations—

(a)references to any of the [F4specified] Regulations are references to the [F4specified] Regulations in question as amended from time to time; and

(b)terms used that are also used in any of the [F4specified] Regulations have the same meaning as in the [F4specified] Regulations in question.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 26.9.2013, see reg. 1(2)

PART 2E+WConsumer information and traceability requirements in Wales

Interpretation of Part 3E+W

3.  In this Part, “the Act” (“y Ddeddf”) means the Food Safety Act 1990.

Commencement Information

I3Reg. 3 in force at 26.9.2013, see reg. 1(2)

Consumer information and traceability requirementsE+W

4.—(1) In this Part—

(a)“consumer information requirement” (“gofyniad gwybodaeth i ddefnyddwyr”) means a requirement referred to in paragraph (2), subject to paragraphs [F5(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—

[F6(a)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) For the purposes of paragraph (1)(b), the requirements are Article 58(2), (3) and (5) of Regulation 1224/2009 as read with Article 58(7) of that Regulation [F7, Article 67(1) to (3) [F8, (5) to (7) and (9)] to (13) of Regulation 404/2011 and Articles 35(1)(c) and 38 of Regulation 1379/2013].

F9(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(6) 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.

Textual Amendments

Commencement Information

I4Reg. 4 in force at 26.9.2013, see reg. 1(2)

Improvement noticeE+W

5.—(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 4(1) of the Fish Labelling (Wales) Regulations 2013;

(b)“operator” has the same meaning as in the [F12specified] Regulations as defined in regulation 2(1) of the Fish Labelling (Wales) Regulations 2013 as read with regulation 2(2)(a) of those Regulations. ”

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I5Reg. 5 in force at 26.9.2013, see reg. 1(2)

Appeal to the magistrates’ courtE+W

6.—(1) Section 37 of the Act(1) (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 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)”.

Modifications etc. (not altering text)

Commencement Information

I6Reg. 6 in force at 26.9.2013, see reg. 1(2)

Appeals against improvement noticesE+W

7.—(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 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”.

Modifications etc. (not altering text)

Commencement Information

I7Reg. 7 in force at 26.9.2013, see reg. 1(2)

Requirement to keep recordsE+W

8.—(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.

Commencement Information

I8Reg. 8 in force at 26.9.2013, see reg. 1(2)

Requirement to produce recordsE+W

9.  An operator who fails to comply with the second sentence of Article 58(4) of Regulation 1224/2009 is guilty of an offence.

Commencement Information

I9Reg. 9 in force at 26.9.2013, see reg. 1(2)

PenaltiesE+W

10.  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.

Commencement Information

I10Reg. 10 in force at 26.9.2013, see reg. 1(2)

Application and modification of the ActE+W

11.  The Schedule (application and modification of the Act) has effect.

Commencement Information

I11Reg. 11 in force at 26.9.2013, see reg. 1(2)

EnforcementE+W

12.—(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.

Commencement Information

I12Reg. 12 in force at 26.9.2013, see reg. 1(2)

RevocationE+W

13.  The Fish Labelling (Wales) Regulations 2010(2) are revoked.

Commencement Information

I13Reg. 13 in force at 26.9.2013, see reg. 1(2)

Mark Drakeford

Minister for Health and Social Services, one of the Welsh Ministers