The Fish Labelling (Scotland) Regulations 2013
Scottish Statutory Instrument 2013 No. 256 — creates 4 criminal offences.
- Made
- 4 September 2013
- In force from
- 5 October 2013
- Extent
- Not stated
- Subject
- Food, consumer protection, trading standards, product safety and age-restricted sales
- Made under
- (EC) No. 178/2002, European Communities Act 1972, Food Safety Act 1990, In accordance with section 48(4A) of the Food Safety Act 1990, Schedule 2 to, the European Communities Act 1972
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations enforce, in Scotland, the consumer information requirements of Chapter 2 of Title 1 of Council Regulation (EC) No 104/2000 on the common organisation of the markets in fishery and aquaculture products and 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 products. They also enforce the traceability requirements of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy 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 Policy. References in these Regulations to certain EU instruments, which are defined in regulation 2(2), are references to those instruments as amended from time to time (regulation 2(1)(a)). The Regulations set out the consumer information requirements and the traceability requirements (regulation 3) and obligations to keep and produce certain records of information (regulation 4). They provide that it is an offence to: fail to comply with consumer information requirements and traceability requirements (regulation 5(1) and (2)); fail to keep or produce certain records (regulation 5(3)); and fail to comply with certain marketing requirements (regulation 5(4)). They provide for fines on summary conviction on the standard scale of up to level 5 for an offence under regulation 5(1) and up to level 3 for an offence under regulation 5(2), (3) or (4). The Regulations provide for food authorities to execute and enforce these Regulations, and to be the competent authority for specified purposes (regulation 6). They provide for certain provisions of the Food Safety Act 1990 to be applied, and in some cases modified, for the purposes of these Regulations (regulation 7). Regulation 8 revokes the Fish Labelling (Scotland) Regulations 2010. A partial business regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ and online at www.legislation.gov.uk.
Offences created by this instrument
- A person who fails to comply with a consumer information requirement commits an offence and is liable on summary… regulation 5(1) · Status not determined · Strict liability
- A person who fails to comply with a traceability requirement commits an offence and is liable on summary conviction to… regulation 5(2) · Status not determined · Strict liability
- A person who fails to comply with an obligation in regulation 4 commits an offence and is liable on summary conviction… regulation 5(3) · Status not determined · Strict liability
- A person who at any stage of marketing fails to comply with Article 8 of Regulation 2065/2001 (traceability and… regulation 5(4) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2013