The Fish Labelling Regulations 2013

UK Statutory Instrument 2013 No. 1768 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 15 July 2013
In force from: 2 September 2013
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: (EC) No. 104/2000, (EC) No. 1224/2009, (EC) No. 178/2002, Commission Regulation (EC) No. 2065/2001, 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 designate the Secretary of State to draw up and publish the list of commercial designations of fish species accepted in the United Kingdom pursuant to Article 4(2) of Council Regulation (EC) No 104/2000 on the common organisation of the markets in fishery and aquaculture products (OJ No L 17, 21.1.2000, p 22) (regulation 3). They also designate the Secretary of State as the competent authority in the United Kingdom for the purposes of Article 2(1) of 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 (OJ No L 278, 23.10.2001, p 6) (regulation 4). Part 3 of these Regulations enforces in England the consumer information requirements of Chapter 2 of Title I of Council Regulation (EC) No 104/2000 and Commission Regulation (EC) No 2065/2001. They also enforce in England 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 (OJ No L 343, 22.12.2009, p 1) and Article 67 of 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 (OJ No L 112, 30.4.2011, p 1). Regulation 7 applies section 10 of the Food Safety Act 1990 (c.16) with modifications so that an authorised officer of an enforcement authority can serve an improvement notice on an operator who fails to comply with the consumer information requirements or traceability requirements. Regulation 8 applies section 37 of that Act with modifications so that an operator can appeal against service of an improvement notice to the First-tier Tribunal. Regulation 9 applies section 39 of the Act to enable the First-tier Tribunal to either cancel or affirm an improvement notice. Regulation 10 requires operators to keep records of information specified in Article 58(4) of Council Regulation (EC) No 1224/2009 (as read with Article 67(4) of Commission Implementing Regulation (EU) No 404/2011) and creates an offence for failure to comply with that requirement. Regulation 11 creates an offence for failure to produce those records on demand in breach of that Article. Regulation 13 and the Schedule apply certain other provisions of the Food Safety Act 1990 to these Regulations with consequential modifications. Regulation 14 provides that each food authority in England must execute and enforce these Regulations in its area. Regulation 15 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector in England is available at www.gov.uk/defra or from the Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London, SW1P 3JR and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.

Offences created by this instrument

Requirement to keep records regulation 10(3) · Status not determined · Strict liability
Requirement to produce records regulation 11 · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft Fisheries (Amendment) (EU Exit) Regulations 2019 Commons · General Committees · 29 January 2019 · The Minister for Agriculture, Fisheries and Food (George Eustice)
I beg to move, That the Committee has considered the draft Fisheries (Amendment) (EU Exit) Regulations 2019. I am pleased to open this debate on an important set of regulations, and I am grateful to hon. Members for being here when, obviously, another debate is taking place in the main Chamber. The regulations give effect to, and enable enforcement of, certain common fisheries policy and marine management measures, as part of the legislation needed for exiting the European Union. The regulations are one piece of a jigsaw that will ensure we have a functioning legislative framework when we…
Fisheries (Amendment) (EU Exit) Regulations 2019 Lords · Lords Chamber · 6 February 2019 · The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, the instrument before your Lordships makes minor, technical amendments to primary and secondary domestic legislation in order to make domestic fisheries legislation operable, as part of having a working statute book after exiting the EU. There are no changes to policy made by this instrument; it makes the necessary corrections to ensure that our domestic fisheries law remains fully functional after we leave the EU. Section 2.3 of the Explanatory Memorandum sets out the three pieces of primary legislation and 10 pieces of secondary legislation amended by this instrument. The…

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