UK Offence Report

The Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992

UK Statutory Instrument 1992 No. 3164 — creates 4 criminal offences.

4offences created
0recorded in force
0revoked
Made
11 December 1992
In force from
1 January 1993
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
Schedule 1 to, the Food Safety Act 1990

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 implement parts of Council Directive 91/492/EEC of 15th July 1991 ( “the Directive”) which lays down health conditions for the production and placing on the market of live bivalve molluscs. Part of the Directive was implemented by the Food Safety (Live Bivalve Molluscs) (Derogations) Regulations 1992 ( “the Derogations Regulations”). The Derogations Regulations specify the procedure to be followed on an application for a derogation from some of the requirements of the Directive in relation to purification centres which requirements are set out in the Schedule to those Regulations. The Directive makes provision in relation to live bivalve molluscs and also to echinoderms, tunicates and marine gastropods (in these Regulations referred to as “other shellfish”). Provisions relating to purification do not relate to other shellfish. Regulation 3 provides for the designation of areas called “designated bivalve production areas” for the harvesting and production of live bivalve molluscs and for the designation of areas for the relaying of live bivalve molluscs, and for the keeping of lists of such areas in accordance with article 5.2(a) of the Directive. Regulation 4 provides for the designation of areas unsuitable for the production and harvesting of live bivalve molluscs and other shellfish in accordance with article 5.3 of the Directive. Regulation 5 provides for the alteration of designated areas and relaying areas and for designations to be revoked in certain circumstances. Regulation 6 prohibits the production and harvesting of live bivalve molluscs unless they are from a designated bivalve production area (see article 5.2(a) of the Directive). Regulations 7 and 9 are about the approval of dispatch and purification centres (see article 5.1(a) of the Directive) subject to the effect of any derogation under the Derogations Regulations. Regulation 8 permits the operation of such a centre pending an appeal against a decision to refuse an approval of a centre. Regulation 10 prohibits the operation of a dispatch or purification centre except in accordance with the requirements specified in the Schedule to the Derogations Regulations and any other limitations imposed under the Regulations (article 5.1(a) of the Directive). Regulation 11 implements article 3.1 of the Directive and requires that live bivalve molluscs for immediate consumption should be placed on the market only where the requirements specified are satisfied. It also imposes some requirements for other shellfish. Regulation 12 provides for an exemption from regulation 11 where a coastal fisherman places a small quantity of products on the market (see article 2.16 of the Directive). Regulation 13 provides for the food authority to make a temporary prohibition order in relation to a laying. Regulation 14 provides for monitoring by the Ministers (defined in section 4(1) of the Food Safety Act 1990)-see article 5.1(b) and 5.2.(b). Chapter III of the Directive relates to imports from third countries. Most of this part of the Directive is being implemented elsewhere, but regulation 15 makes provision for certain requirements for the transport and handling to apply to live bivalve molluscs and other shellfish imported into the United Kingdom (whether from a third country or from a member State) are met. Regulations 16 to 22 provide for offences, the application of certain provisions of the Food Safety Act 1990, enforcement and execution of the Regulations, amendment of inconsistent or spent statutory instruments and for transitional provisions.

Offences created by this instrument

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