UK Offence Report

The Fish Labelling (Wales) Regulations 2013

Welsh Statutory Instrument 2013 No. 2139 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
27 August 2013
In force from
26 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 enforce in Wales the consumer information requirements of Chapter 2 of Title I 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) 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 (OJ No L 278, 23.10.2001, p 6). They also enforce in Wales 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 4 sets out the consumer information requirements and the traceability requirements. Regulation 5 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 6 applies section 37 of that Act with modifications so that an operator can appeal against service of an improvement notice to the magistrates’ court. Regulation 7 applies section 39 of the Act to enable the court to either cancel or affirm an improvement notice. Regulation 8 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 9 creates an offence for failure to produce those records on demand in breach of that Article. Regulation 11 and the Schedule apply certain other provisions of the Food Safety Act 1990 to these Regulations with consequential modifications. Regulation 12 provides that each food authority in Wales must execute and enforce these Regulations in its area. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Food Standards Agency at Food Standards Agency Wales, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.

Offences created by this instrument

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.

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