Fish Labelling (England) Regulations 2003 (S.I. No. 461 of 2003)

The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] Statutory Instrument 2003 No. 461 The Fish Labelling (England) Regulations 2003 © Crown Copyright 2003 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. 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STATUTORY INSTRUMENTS 2003 No. 461 FOOD, ENGLAND The Fish Labelling (England) Regulations 2003 Made 26th February 2003 Laid before Parliament 6th March 2003 Coming into force 28th March 2003 The Secretary of State, in exercise of the powers conferred on him by sections 16(1)(e) and (f), 17(2), 26(3) and 48(1) of the Food Safety Act 1990[1] and of all other powers enabling him in that behalf, having had regard in accordance The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] with section 48(4A) of that Act to advice given by the Food Standards Agency and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council[2] and in accordance with section 48(4) and (4B) of the said Act, hereby makes the following Regulations: Citation, commencement and extent 1. These Regulations may be cited as the Fish Labelling (England) Regulations 2003, shall come into force on 28th March 2003 and shall extend to England only. Interpretation 2. In these Regulations "Regulation 104/2000" means Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products[3]; "Regulation 2065/2001" means 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[4]; and any expressions used in these Regulations and in Regulation 104/2000 or Regulation 2065/2001 have the same meaning as in those Regulations. Offences relating to consumer information 3. - (1) Any person who, in contravention of Article 4.1 of Regulation 104/2000 (consumer information) as read with Regulation 2065/2001, offers for retail sale to the final consumer any of the products to which that Article applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. (2) Any person who fails to comply with Article 8 of Regulation 2065/2001 (traceability and control) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. Lists of commercial designations 4. - (1) As regards England, the list of commercial designations which the United Kingdom is required to draw up and publish under Article 4(2) of Regulation 104/2000 is that set out in the Schedule to these Regulations, and accordingly, the commercial designations set out in that Schedule are names prescribed by law for the purposes of regulations 6(1), 7 and 8(a) of the Food Labelling Regulations 1996[5]. (2) In relation to a species included both in the Schedule to these Regulations and in a list published in English under Article 4(2) of Regulation 104/2000 having effect in another Member State or in another part of the United Kingdom, the commercial designation for that species in the list having effect in that other Member State or part of the United Kingdom shall be an alternative to the commercial designation for that species set out in the Schedule to these Regulations. Omission of reference to the production method 5. In the case described in Article 4.2 of Regulation 2065/2001 (situation where it is obvious from commercial designation and catch area that the species is caught at sea) it shall not be a contravention of Article 4.1 of Regulation 104/2000 to offer for retail sale to the final consumer a fisheries The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] product to which that Article applies without the product being marked or labelled with the production method. Small quantities of products 6. - (1) For the purposes of Article 4(1) of Regulation 104/2000 as read with Article 7 of Regulation 2065/2001, the small quantity of products which may be sold directly to consumers shall be products to a value not exceeding 20 Euro for each purchase. (2) For the purposes of this regulation, the reference to 20 Euro shall be taken to be a reference to the sterling equivalent of that number of Euro, converted by reference to the rate of conversion published annually on the first working day of the preceding September in the C series of the Official Journal of the European Communities or, if no rate is published in it on that day, the first rate published in it thereafter. Additional information relating to the catch area 7. The indication of catch area required by Article 4(1)(c) of Regulation 104/2000 may, where the circumstances described in Article 5(1)(c) of Regulation 2065/2001 apply, indicate the various Member States or third countries in which the product was farmed. Provisional commercial designations 8. - (1) For the purposes of Article 2 of Regulation 2065/2001 (provisional commercial designations), the Food Standards Agency ("the Agency") shall be the competent authority. (2) The Agency shall draw up and publish a list of provisional commercial designations laid down pursuant to the said Article 2. Enforcement 9. Each food authority shall enforce and execute these Regulations in its area. Application of various provisions of the Act 10. The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of the Act shall be construed as a reference to these Regulations and to those provisions of Regulation 104/2000 and Regulation 2065/2001 to which these Regulations relate (a) section 3 (presumption that food is intended for human consumption); (b) section 20 (offences due to fault of another person); (c) section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15; (d) section 30(8) (which relates to documentary evidence); (e) section 32 of the Act (powers of entry); (f) section 33(1) (obstruction etc of officers); (g) section 33(2) with the modification that the reference to "any such requirement as is mentioned in subsection (1) (b) above" shall be deemed to be a reference to any such requirement as is mentioned The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] in that subsection as applied by sub-paragraph (f) above; (h) section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub-paragraph (f) above; (i) section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (g) above; (j) section 36 (offences by bodies corporate); (k) section 44 (protection of officers acting in good faith). Revocation 11. Paragraph 1 of Schedule 1 to the Food Labelling Regulations 1996 (prescribed names of fish and shellfish) is revoked insofar as it extends to England. Signed by authority of the Secretary of State for Health Hazel Blears Parliamentary Under Secretary of State, Department of Health 26th February 2003 SCHEDULE Regulation 4 COMMERCIAL DESIGNATIONS 1. - (1) Subject to sub-paragraphs (2) and (3) of this paragraph, the commercial designation for any species of fish specified in column 2 of the following Table shall be a name specified for that species in the corresponding entry in column 1 of the said Table. (2) A customary name may be used for any species of fish which has been subjected to smoking or any similar process, unless the name of the species in column 2 of the following Table is followed by an asterisk. In such cases the name used for the food when the fish is smoked shall be either (a) a name specified for that species in column 1 of the said Table preceded by the word "smoked", or (b) except in the case of Salmo salar (L.), "smoked Pacific salmon". (3) Sub-paragraph (1) of this paragraph, as read with the following Table, shall not apply to fish regulated by Council Regulation (EEC) No The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] 2136/89[6] laying down common marketing standards for preserved sardines, or Council Regulation (EEC) No 1536/92[7] laying down common marketing standards for preserved tuna and bonito. Column 1 Column 2 Commercial designation Species of fish Sea Fish Anchovy All species of the family Engraulidae Barracuda All species of Sphyraena Barramundi Lates calcarifer Bass or Sea bass Dicentrarchus labrax (L.) Japanese sea bass Lateolabrax japonicus Spotted sea bass Dicentrarchus punctatus Southern rock bass Paralabrax callaensis Bigeye All species of Priacanthus Bluefish or Tailor Pomatomus saltatrix Bogue Boops boops Bonito All species of Sarda All species of Euthynnus, with the exception of Euthynnus (Katsuwonus) pelamis All species of Auxis Brill Scophthalmus rhombus (L.) Brisling Sprattus sprattus (L.) when canned Catfish or Rockfish or Wolffish All species of Anarhichas Cobia Rachycentron canadum Cod or Codling Gadus morhua Pacific cod or Cod Gadus macrocephalus Greenland cod or Cod Gadus ogac Saffron cod Eleginus gracilis Red cod Pseudophycis bachus Blue cod Parapercis colias Coley or Saithe or Pollachius virens (L.) The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] Coalfish Conger All species of Conger Croaker or Drum or Jewfish All species of the family Sciaenidae Dab Limanda limanda (L.) Yellowtail dab Limanda ferruginea Pacific sand dab Citharichthys sordidus Dogfish or Flake or Huss or Rigg or Rock Salmon or Rock Eel All species of Galeorhinus All species of Mustelus All species of Scyliorhinus Galeus melastomus Squalus acanthias (L.) Dory or John Dory or St Peter's fish Zeus faber (L.) Eel All species of Anguilla Emperor All species of Lethrinus Escolar or Snake Mackerel All species of the family Gempylidae Flounder Platichthys flesus (L.) Flying fish All species of the family Exocoetidae Greenling Ophiodon elongatus Grouper All species of Mycteroperca All species of Epinephelus Gurnard All species of the family Triglidae Peristedion cataphractum (L.) Haddock Melanogrammus aeglefinus (L.) Hake All species of Merluccius Alternatively, the following may be used Cape hake Merluccius capensis Merluccius paradoxus White hake Urophycis tenuis The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] Halibut Hippoglossus hippoglossus (L.) Hippoglossus stenolepis Black halibut or Mock halibut Reinhardtius hippoglossoides (Walbaum) Herring Clupea harengus (L.) Hilsa Tenualosa ilisha Hoki Macruronus novaezelandiae Chilean hoki Macruronus magellanicus Jack or Scad or Horse Mackerel or Trevally All species of Caranx All species of Hemicaranx All species of Seriola All species of Trachurus All species of Decapterus Kingklip Genypterus capensis Ladyfish All species of the family Elopidae Ling All species of Molva Lumpfish or Lumpsucker Cyclopterus lumpus Mackerel All species of Scomber King Mackerel or Kingfish Scomberomorus cavalla Mahi Mahi Coryphaena hippurus Marlin All species of Makaira Megrim All species of Lepidorhombus Milkfish Chanos chanos Monk(fish) or Angler(fish) Lophius piscatorius (L.) Lophius americanus Cape monk(fish) or Cape angler(fish) Lophius vomerinus Red mullet All species of Mullus Goatfish All other species of the family Mullidae Grey mullet All species of Mugil All species of Liza The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] All species of Chelon Opah or Moonfish All species of Lampris Orange roughy Hoplostethus atlanticus Parrotfish All species of the family Scaridae Picarel Spicara smaris Pilchard Sardina pilchardus (Walbaum) Pacific pilchard Sardinops sagax that has been caught in the Pacific Ocean South Atlantic pilchard Sardinops sagax that has been caught in the South Atlantic Ocean Plaice Pleuronectes platessa (L.) American plaice Hippoglossoides platessoides (Fabr.) Pollack or Pollock or Lythe Pollachius pollachius (L.) Pacific pollack or Pacific pollock or Alaska pollack or Alaska pollock Theragra chalcogramma (Pallas) Pomfret or Butterfish All species of Brama All species of Stromateus All species of Pampus Poor cod Trisopterus minutus Pout or Pout Whiting or Pouting or Bib Trisopterus luscus Rainbow runner Elagatis bipinnulata Redfish or Ocean perch or Rose fish All species of Sebastes All species of Helicolenus Sablefish Anoplopoma fimbria Sailfish All species of Istiophorus Sardine Small Sardina pilchardus (Walbaum) Sardinella All species of Sardinella Scabbard fish or Sabre or Sabre fish or Silver sabre or Black sabre Lepidopus caudatus Aphanopus carbo The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] Sea bream or Porgy All species of the family Sparidae except Boops boops Sild Small Clupea harengus (L.), when canned Small Sprattus sprattus (L.), when canned Skate or Ray or Roker All species of Raja Smelt or Sparling All species of Osmerus Snapper All species of the family Lutjanidae Alternatively, the following may be used Jobfish All species of Aphareus All species of Aprion All species of Pristipomoides Snook All species of Centropomus Sole or Dover sole Solea solea (L.) Butter sole Isopsetta isolepis Californian sole Parophrys vetulus Lemon sole Microstomus kitt (Walbaum) Petrale sole Eopsetta jordani Rex sole or Long finned sole Glyptocephalus zachirus Rock sole Lepidopsetta bilineata Pacific sole Microstomus pacificus Torbay sole or Witch Glyptocephalus cynoglossus (L.) Sprat Sprattus sprattus (L.), except when canned Swordfish Xiphias gladius Tarpon All species of the family Megalopidae Threadfin bream All species of Nemipterus Toothfish or Icefish Dissostichus mawsoni Dissostichus eleginoides Tuna or Tunny All species of Thunnus Skipjack tuna (or tuna) Katsuwonus pelamis The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] Albacore tuna (or tuna) Thunnus alalunga Yellowfin tuna (or tuna) Thunnus albacares Bluefin tuna (or tuna) Thunnus thynnus Bigeye tuna (or tuna) Thunnus obesus Turbot Psetta maxima Wahoo Acanthocybium solandri Whitebait Small Clupea harengus (L.) Small Sprattus sprattus (L.) (except when canned) Whiting Merlangius merlangus (L.) Blue whiting Micromesistius poutassou (Risso) Southern blue whiting Micromesistius australis Winter flounder Pseudopleuronectes americanus (Walbaum) Salmon and Freshwater Fish Bacha Eutropiichthys vacha Batashi Pseudeutropius atherinoides Carp All species of the family Cyprinidae Alternatively the following may be used Mowrala Amblypharyngodon mola Banspata Danio devario Bata Labeo bata Kalibous Labeo calbasu Ghania Labeo gonius Ruhi Labeo rohita Punti Puntius sarana Chelapata Salmostoma bacaila Catfish or American catfish or Channel catfish All species of the family Ictaluridae Catfish All species of the family Clariidae All species of the family Siluridae The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] All species of the family Bagridae Alternatively the following may be used Magur Clarias batrachus Gulsha Mystus bleekeri Buzuri Mystus tengara Tengra Mystus vittatus Pabda Ompok pabda Ayre Sperata aor Boal Wallago attu Chapila Gudusia chapra Char All species of Salvelinus Kakila Xenentodon cancila Keski Corica soborna Khalisha Colisa fasciatus Koi Anabas testudineus Largebaim Mastacembelus armatus Meni Nandus nandus Nile perch Lates niloticus Pacific dory or Vietnamese sole Pangasius bocourti Patabaim Macrognathus aculeatus Queen fish Botia dario River cobbler Pangasius micronemus Pangasius hypophthalmus Salmon or Atlantic salmon Salmo salar (L.)* Cherry salmon or Pacific salmon Oncorhynchus masou masou* Chum salmon or Keta salmon Oncorhynchus keta (Walbaum)* Medium red salmon or Coho salmon or Silver salmon Oncorhynchus kisutch (Walbaum)* Pink salmon Oncorhynchus gorbuscha (Walbaum)* The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] Red salmon or Sockeye salmon Oncorhynchus nerka (Walbaum)* Spring salmon or King salmon or Chinook salmon or Pacific salmon Oncorhynchus tshawytscha (Walbaum)* Shol Channa striata Taki Channa punctata Tilapia All species of Tilapia All species of Oreochromis Trout or Brown trout Salmo trutta trutta (L.) which has spent all of its life in fresh water Sea trout or Salmon trout Salmo trutta trutta (L.) which has spent part of its life in sea water Cut-throat trout or trout Oncorhynchus clarki clarki Rainbow trout or Steelhead trout or trout Oncorhynchus mykiss Shellfish Abalone or Ormer All species of Haliotis Clam or Hard shell clam Mercenaria mercenaria (L.) Venus verrucosa (L.) Clam or Razor clam All species of Ensis and Solen Geoduck or Geoduck clam Panopea abrupta Surf clam All species of Spisula Cockle All species of Cerastoderma Crab All species of the order Brachyura All species of the family Lithodidae Crayfish All species of the family Astacidae All species of the family Parastacidae All species of the family Austroastacidae All species of the family Cambaridae Cuttlefish All species of Sepia The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] Rossia macrosoma Lobster All species of Homarus Slipper lobster All species of the family Scyllaridae Squat lobster All species of the family Galatheidae Crawfish or Spiny lobster or Rock lobster All species of Panulirus All species of Palinurus All species of Jasus Indian ocean lobster Puerulus sewelli Mussel All species of the family Mytilidae Octopus All species of Octopus Oyster All species of Crassostrea All species of Ostrea Oyster or Portuguese oyster Crassostrea angulata (Lmk.) Oyster or Pacific oyster or Rock oyster Crassostrea gigas (Thunberg) Oyster or Native oyster Ostrea edulis (L.) Prawn or Shrimp Whole fish (of a size which, when cooked, have a count of less than 397 per kg) or tails (of a size which, when peeled and cooked, have a count of less than 1,323 per kg) of all species of the family Palaemonidae, all species of the family Penaeidae, and all species of the family Pandalidae King prawn All species of the family Palaemonidae All species of the family Penaeidae Where the count is less than 123 per kg (head on/shell on) or less than 198 per kg (head off/shell on) or less than 242 per kg (head off/shell off) Tiger prawn Penaeus monodon Penaeus semisulcatus The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] Penaeus esculentus Penaeus kerathurus Penaeus japonicus Parapenaeopsis hardwickii Parapenaeopsis sculptilis Scallop or King scallop Pecten maximus Atlantic scallop or Scallop Placopecten magellanicus Queen scallop or Queen or Scallop Chlamys (Aequipecten) opercularis Scallop or Common scallop All species of the family Pectinidae Scampi or Norway lobster or Dublin Bay prawn or Langoustine Nephrops norvegicus (L.) Pacific scampi Metanephrops andamanicus Metanephrops challengeri Metanephrops thomsoni Shrimp Whole fish (of a size which, when cooked, have a count of 397 per kg or more) or tails (of a size which, when peeled and cooked, have a count of 1,323 per kg or more) of all species of the family Palaemonidae, all species of the family Penaeidae, and all species of the family Pandalidae Shrimp or Pink shrimp Pandalus montagui Shrimp or Brown shrimp All species of Crangon Squid All species of Loligo All species of Illex Ommastrephes sagittatus Arrow squid Nototodarus sloani The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] Nototodarus gouldi Whelk All species of Buccinum Winkle All species of Littorina EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations, which extend to England only, provide for the execution and enforcement of Title 1, Chapter 2 of Council Regulation (EC) 104/2000 on the common organisation of the markets in fishery and aquaculture products as applied by Commission Regulation (EC) 2065/2001 laying down detailed rules on the application of Council Regulation (EC) 104/2000 as regards informing consumers about fishery and aquaculture products. Title 1 of Chapter 2 of Council Regulation (EC) 104/2000 imposes requirements regarding the provision of information about the commercial designation, production method and catch area of certain fishery and aquaculture products offered for retail sale to the final consumer. It further provides for Member States to draw up and publish a list of commercial designations for at least the species listed in Annexes I to IV of the Regulation. Commission Regulation (EC) 2065/2001 describes in more detail the information to be provided to consumers and the exemptions that may be allowed. It also provides for the necessary information to be provided at each stage of the marketing process. These Regulations: (a) provide a list, as regards England, of the commercial designations required to be drawn up by the United Kingdom (regulation 4 and the Schedule) and further provide for the granting of provisional commercial designations (regulation 8); (b) make provision as to the relaxation of the requirements in certain circumstances in relation to information about the production method (regulation 5); in the case of direct sales of small quantities to consumers by fishermen or aquaculture producers (regulation 6) and with regard to the inclusion of additional information about catch area (regulation 7); (c) create offences and prescribe penalties (regulation 3), specify enforcement authorities (regulation 9) and incorporate specified provisions of the Food Safety Act 1990 (regulation 10); (d) revoke the fish labelling requirements set out in paragraph 1 of Schedule 1 to the Food Labelling Regulations 1996 in relation to England (regulation 11). A Regulatory Impact Assessment has been prepared and placed in the Library of each House of Parliament. Copies may be obtained from Food The Fish Labelling (England) Regulations 2003 file:///D/HTML/uk37502.htm[16.01.2025 11:40:24] Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 2003 Prepared 6 March 2003 Labelling Division, Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH. Notes: [1] 1990 c. 16. Functions formerly exercisable by "the Ministers" are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), and paragraphs 12 and 21 of that Schedule amend sections 17 and 48 of the 1990 Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by S.I. 1999/672 and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1999 c. 46). Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to revoke and amend existing Regulations made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990. Section 26(3) of the 1990 Act was amended by section 40(4) of, and Schedule 6 to, the Food Standards Act 1999.back [2] OJ No. L31, 1.2.2002, p. 1; laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.back [3] OJ No. L17, 21.1.2000, p. 22.back [4] OJ No. L278, 23.10.2001, p. 6.back [5] S.I. 1996/1499; regulation 6(4) (which defines "prescribed by law" for the purposes of regulations 6(1), 7 and 8(a)) was inserted by S.I. 1998/1398.back [6] OJ No. L212, 22.7.89, p. 79.back [7] OJ No. L163, 17.6.92, p. 1.back ISBN 0 11 045039 6