UK Offence Report

The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Amendment (No. 2) Regulations 1999

UK Statutory Instrument 1999 No. 1585 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
4 June 1999
In force from
30 June 1999
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
European Communities Act 1972, 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 further amend the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 (the principal Regulations) to give effect to the provisions of Council Directive 96/43/EC which relate to the financing of hygiene inspections of fishery products. Regulation 9 makes a technical amendment to the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Amendment Regulations 1999 which relates to the introduction of standard registration documents for the movement of live shellfish. Regulation 6 substitutes a new Part for Part V of the principal Regulations and regulation 47 of the new Part gives effect to Schedule 4A. Regulation 8 and the Schedule to these Regulations insert Schedule 4A in the principal Regulations. Part I of the Schedule contains definitions and other general provisions. Part II of the Schedule makes provision for food authorities to recover a contribution towards the costs of carrying out inspections required under Chapter V of Schedule 3 to the principal Regulations in respect of fishery products landed from a vessel of a member State, an EEA State or Greenland (paragraph 2). It also makes provision for additional charges in relation to fishery products landed from factory ships (paragraph 5), the inspection of factory ships abroad (paragraph 9), fishery products entering preparation or processing establishments (paragraph 10) and fishery products entering other establishments in which fishery products are only chilled, frozen, packaged or stored (paragraph 14). The charges payable under Part II are new. Under Part II the level of the contribution is: euro 1 per tonne in respect of the first 50 tonnes of fishery products landed and euro 0.5 per tonne thereafter; an additional euro 1 per tonne for fishery products landed from factory ships; euro 1 per tonne for fishery products entering preparation or processing establishments; the actual costs of inspecting other establishments and the actual costs of inspecting factory ships which are abroad. Some of the charges may be reduced by 55% in certain circumstances (paragraphs 3, 7 and 12). An appeal to the magistrates' court (or in Scotland the sheriff) lies against the amount of the charges (paragraph 7 of Part I). Part III of the Schedule contains similar provisions which enable food authorities to recover a contribution towards the costs of carrying out inspections required under Chapter V of Schedule 3 to the principal Regulations in respect of fishery products directly landed from a fishing vessel of any other country (paragraph 2). Part III provides for charges which have been payable under Part V of the principal Regulations. In addition, these Regulations make minor amendments, including those to provisions which relate to direct transfers of live shellfish and fishery products on local markets (regulations 3 and 5), persons responsible for auction and wholesale markets (regulation 4) and the hygiene conditions in fishery products establishments and markets on land (regulation 7). A Regulatory Impact Assessment has been prepared and copies may be obtained from the Department of Health, Room 501A, Skipton House, 80 London Road, London SE1 6LW, or the Scottish Office Agriculture, Environment and Fisheries Department, Room 358, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW. A copy has also been placed in the library of each of the Houses of Parliament.

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