UK Offence Report

The Food Safety (Fishery Products on Fishing Vessels) Regulations 1992

UK Statutory Instrument 1992 No. 3165 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
11 December 1992
In force from
18 December 1992
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
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 relate to the implementation of Council Directive 91/493/EEC of 22nd July 1991 (“the first Directive”), laying down health conditions for the production and placing on the market of fishery products and the implementation of Council Directive 92/48/EEC of 16th June 1992 (“the second Directive”), laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1)(a)(i) of the first Directive. One of the requirements of the first Directive is that fishery products have been caught and handled on board vessels in accordance with hygiene rules concerning design, equipment and its operation, established by the Council. The second Directive establishes those rules by specifying two lists of conditions. Annex I of the second Directive establishes the general hygiene conditions applicable to fishery products on board fishing vessels generally and Annex II of that Directive establishes additional hygiene conditions applicable to such vessels designed and equipped to preserve fishery products for more than twenty four hours. These provisions are implemented by regulations 2 and 3 of, and the Schedule to, the Regulations. The second Directive also provides for Member States to grant a derogation in respect of certain of the additional requirements (relating to temperature recording equipment, its operation and related records) provided that an application for the derogation is made before 31st December 1992 (see regulation 4(1)). Regulations 4 and 5 provide for these derogations. The Regulations provide that the Ministers shall maintain the list of vessels required by point 9 of Annex II (see regulation 6). Contravention of regulation 3(1) and (2) is an offence and various provisions of the Food Safety Act 1990 are applied for the purposes of the Regulations (see regulation 7). The Regulations are to be enforced in England and Wales by district councils, London borough councils and the Common Council of the City of London, in Scotland by district and islands councils, and in the Isles of Scilly by the Council of the Isles of Scilly, except within the area of port health authorities or port local authorities, where they are instead to be enforced by those authorities (see regulation 8). The Regulations also make transitional provision in connection with the determination of applications for derogations (see regulation 9). ISBN0 11 025259 4

Offences created by this instrument

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