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The Fish Labelling (Wales) Regulations 2010

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Welsh Statutory Instruments

2010 No. 797 (W.78)

FOOD, WALES

The Fish Labelling (Wales) Regulations 2010

Made

15 March 2010

Laid before the National Assembly for Wales

16 March 2010

Coming into force

6 April 2010

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(e) and (f), 17(2), 26(3) and 48(1) of the Food Safety Act 1990(1) and now vested in them(2).

In accordance with section 48(4A) of that Act, they have had regard to relevant advice given by the Food Standards Agency.

As required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council 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(3), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title, application and commencement

1.—(1) The title of these Regulations is the Fish Labelling (Wales) Regulations 2010.

(2) These Regulations apply in relation to Wales and come into force on 6 April 2010.

Interpretation

2.  In these Regulations—

  • “Regulation 104/2000” (“Rheoliad 104/2000”) means Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products(4);

  • “Regulation 2065/2001” (“Rheoliad 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(5);

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 is 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) is 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 Wales, 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 table in the Schedule to these Regulations as read with the notes to it, 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 in so far as they apply in relation to Wales(6).

(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 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 is an alternative to the commercial designation for that species set out in the Schedule to these Regulations and are names prescribed by law for the purposes set out in paragraph (1).

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 is not a contravention of Article 4.1 of Regulation 104/2000 to offer for retail sale to the final consumer a 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 will be products to a value not exceeding 20 Euro for each purchase.

(2) For the purposes of this Regulation, the reference to 20 Euro is to be taken to be a reference to the sterling equivalent of that number of Euros, 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 is the competent authority.

(2) The Food Standards Agency will draw up and publish a list of provisional commercial designations laid down pursuant to Article 2.

Enforcement

9.  Each food authority must enforce and execute these Regulations in its area.

Application of various provisions of the Food Safety Act 1990

10.  The following provisions of the Food Safety Act 1990 (“the Act”) apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of the Act is to 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)(7) with the modification that subsections (2) to (4) apply in relation to an offence under regulation 3(1) as they apply in relation to an offence under section 14 or 15;

(d)section 30(8) (which relates to documentary evidence);

(e)section 33(1) (obstruction etc. of officers);

(f)section 33(2) with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” is deemed to be a reference to any such requirement as is mentioned in that subsection as applied by paragraph (e);

(g)section 35(1) (punishment of offences)(8) insofar as it relates to offences under section 33(1) as applied by paragraph (e);

(h)section 35(2) and (3)(9) insofar as it relates to offences under section 33(2) as applied by paragraph (f);

(i)section 36 (offences by bodies corporate);

(j)section 36A (offences by Scottish partnerships)(10); and

(k)section 44 (protection of officers acting in good faith).

Revocation

11.  The following Regulations are revoked—

(a)The Fish Labelling (Wales) Regulations 2003(11); and

(b)The Fish Labelling (Amendment) (Wales) Regulations 2006(12).

Gwenda Thomas

Deputy Minister for Social Services, under authority of the Minister for Health and Social Services, one of the Welsh Ministers

15 March 2010

Regulation 4

SCHEDULECommercial Designations

1.  Subject to paragraphs 2 and 3, the commercial designation for any species of fish specified in column 2 of the following Table is a name specified for that species in the corresponding entry in column 1.

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 Table is followed by an asterisk. In such cases the name used for the food when the fish is smoked is a name specified for that species in column 1 of the said Table preceded by the word “smoked”.

3.  Paragraph 1, as read with the Table, does not apply to fish regulated by Council Regulation (EEC) No 2136/89 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products(13) (as amended by Commission Regulation (EC) No. 1181/2003(14) and Commission Regulation (EC) No. 1345/2008(15)) or Council Regulation (EEC) No. 1536/92 laying down common marketing standards for preserved tuna and bonito(16).

Column 1

Commercial designation

Column 2

Species of fish

Sea Fish
African soleSolea senegalensis
Alaska plaicePleuronectes quadrituberculatus
Alaska pollack or Alaska pollock or Pacific pollack or Pacific pollockTheragra chalcogramma
Alaska pollock – see entry for Alaska Pollack or Alaska pollock or Pacific pollack or Pacific pollock
Albacore tuna - see entry for Tuna or Tunny
Amberjack – see entry for Horse Mackerel or Jack or Scad or Trevally
American plaiceHippoglossoides platessoides
AnchovyAll species of the family Engraulidae
Angler(fish) or Monk(fish)Lophiodes caulinaris
Lophius americanus
Lophius budegassa
Lophius piscatorius
ArgentineAll species of the family Argentinidae
Arrowtooth flounderAtheresthes stomias
BarracudaAll species of Sphyraena
BarramundiLates calcarifer
Basking shark – see entry for Shark
Bass or Sea bassDicentrarchus labrax
Bib or Pout or Pouting or Pout whitingTrisopterus luscus
BigeyeAll species of Priacanthus
Bigeye tuna – see entry for Tuna or Tunny
Black bream or Black seabreamSpondyliosoma cantharus
Black halibut or Greenland halibut or Mock halibutReinhardtius hippoglossoides
Black oreo – see entry for Oreo
Black sabre – see entry for Cutlassfish or Ribbonfish or Scabbard fish
Black scabbard fish – see entry for Cutlassfish or Ribbonfish or Scabbard fish
Black scorpionfish or RacasseScorpaena porcus
Black seabream – see entry for Black bream or Black seabream
Blacktip shark – see entry for Shark
Blue codParapercis colias
Bluefin tuna – see entry for Tuna or Tunny
Bluefish or TailorPomatomus saltatrix
Blue lingMolva dypterygia
Blue shark – see entry for Shark
Blue whitingMicromesistius poutassou
BogueBoops boops
Bombay duckHarpadon nehereus
BonitoAll species of Auxis
All species of Euthynnus, with the exception of Euthynnus (Katsuwonus) pelamis
All species of Sarda
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Bullet tuna or MelvaAuxis rochei
BrillScophthalmus rhombus
BrislingSprattus sprattus when canned
Note also entries for Sild, Sprat and Whitebait
Bullet tuna – see entry for Bonito
Butterfish or PomfretAll species of Brama
All species of Pampus
All species of Stromateus
Butter soleIsopsetta isolepis
Californian soleParophrys vetulus
Cape angler(fish) or Cape monk(fish)Lophius vomerinus
Cape hake – see entry for Hake
Cape monk(fish) – see entry for Cape angler(fish) or Cape monk(fish)
Catfish or Rockfish or WolffishAll species of Anarhichas
Chilean hokiMacruronus magellanicus
Coalfish or Coley or SaithePollachius virens
CobiaRachycentron canadum
CodGadus macrocephalus
Gadus morhua
Gadus ogac
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
CodlingGadus morhua
Greenland codGadus ogac
Pacific codGadus macrocephalus
Codling – see entry for Cod
Coley – see entry for Coalfish or Coley or Saithe
CongerAll species of Conger
Croaker or Drum or JewfishAll species of the family Sciaenidae
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
MeagreArgyrosomus regius
Mulloway or Southern meagreArgyrosomus hololepidotus
Cutlassfish or Ribbonfish or Scabbard fishAll species of family Trichiuridae
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Black sabre or Black scabbard fishAphanopus carbo
Sabre or Sabre fish or Silver sabreLepidopus caudatus
DabLimanda limanda
Doctor fish or Surgeon fish or TangAll species of the family Acanthuridae
Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmonAll species of Galeorhinus
All species of Mustelus
All species of Scyliorhinus
Galeus melastomus
Squalus acanthias
Dory or John Dory or St Peter’s fishZeus faber
Dover sole or SoleSolea solea
Drum – see entry for Croaker or Drum or Jewfish
EelAll species of Anguilla
EmperorAll species of Lethrinus
Escolar or Snake mackerelAll species of the family Gempylidae
Flake see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon
FlatheadAll species of the family Platycephalidae
Flathead soleHippoglossoides elassodon
FlounderPlatichthys flesus
Flying fishAll species of the family Exocoetidae
Garfish or NeedlefishAll seafish species of the family Belonidae
Goatfish or Red mulletAll species of the family Mullidae
Greenland cod – see entry for Cod
Greenland halibut – see entry for Black halibut or Greenland halibut or Mock halibut
GreenlingOphiodon elongatus
Grey mulletAll species of the family Mugilidae
GrouperAll species of Epinephelus
All species of Mycteroperca
GurnardAll species of the family Triglidae
Peristedion cataphractum
HaddockMelanogrammus aeglefinus
HakeAll species of Merluccius
The following commercial designation may also be used in relation to fish of the species listed against it in Column 2:
Cape hakeMerluccius capensis
Merluccius paradoxus
HalfbeakAll species of the family Hemiramphidae
HalibutHippoglossus hippoglossus
Hippoglossus stenolepis
HerringClupea harengus
Note also entries for Sild and Whitebait
HilsaTenualosa ilisha
HokiMacruronus novaezelandiae
Horse mackerel or Jack or Scad or TrevallyAll species of Caranx
All species of Decapterus
All species of Hemicaranx
All species of Seriola
All species of Trachurus
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Amberjack or YellowtailSeriola lalandi
Huss – see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon
Icefish or ToothfishDissostichus eleginoides
Dissostichus mawsoni
Indian halibutPsettodes erumei
Indian mackerelAll species of Rastrelliger
Jack – see entry for Horse mackerel or Jack or Scad or Trevally
Japanese sea bassLateolabrax japonicus
Jewfish – see entry for Croaker or Drum or Jewfish
Jobfish – see entry for Snapper
John Dory – see entry for Dory or John Dory or St Peter’s fish
Kingfish or Spanish mackerelAll species of Scomberomorus
The following commercial designations may also be used in relation to fish of the species listed against them in column 2:
King mackerelScomberomorus cavalla
Pacific sierra or Sierra mackerelScomberomorus sierra
KingklipGenypterus capensis
King mackerel – see entry for Kingfish or Spanish mackerel
LadyfishAll species of the family Elopidae
Leatherjacket or Unicorn fishAluterus monoceros
LeerfishLichia amia
Lemon soleMicrostomus kitt
LingAll species of Molva except Molva dypterygia
Longfin codlingLaemonema longipes
Long-finned sole or Rex soleGlyptocephalus zachirus
Lumpfish or LumpsuckerCyclopterus lumpus
Lumpsucker – see entry for Lumpfish or Lumpsucker
Lythe or Pollack or PollockPollachius pollachius
MackerelAll species of Scomber
Mahi MahiCoryphaena hippurus
MarlinAll species of Makaira
Meagre – see entry for Croaker or Drum or Jewfish
MegrimAll species of Lepidorhombus
Melva – see entry for Bonito
MilkfishChanos chanos
Mock halibut – see entry for Black halibut or Greenland halibut or Mock halibut
Monk(fish) – see entry for Angler (fish) or Monk(fish)
Moonfish or OpahAll species of Lampris
Mulloway – see entry for Croaker or Drum or Jewfish
Needlefish – see entry for Garfish or Needlefish
Northern rock soleLepidopsetta polyxystra
Ocean perch or Redfish or Rose fishAll species of Helicolenus
All species of Sebastes
Opah – see entry for Moonfish or Opah
Orange roughyHoplostethus atlanticus
OreoAllocyttus niger
Pseudocyttus maculatus
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Black oreoAllocyttus niger
Smooth oreoPseudocyttus maculatus
Oriental bluefin tuna - see entry for Tuna or Tunny
Pacific angler(fish) or Pacific monk(fish)Lophius litulon
Pacific bluefin tuna – see entry for Tuna or Tunny
Pacific cod - see entry for Cod
Pacific monk(fish) – see entry for Pacific angler(fish) or Pacific monk(fish)
Pacific pilchardSardinops sagax that has been caught in the Pacific Ocean
Pacific pollack – see entry for Alaska pollack or Alaska pollock or Pacific pollack or Pacific pollock
Pacific pollock – see entry for Alaska pollack or Alaska pollock or Pacific pollack or Pacific pollock
Pacific sand dabCitharichthys sordidus
Pacific sierra – see entry for Kingfish or Spanish mackerel
Pacific soleMicrostomus pacificus
ParrotfishAll species of the family Scaridae
Patagonian icefishPatagonotothen ramsayi
Peruvian moonfishSelene peruviana
Petrale soleEopsetta jordani
PicarelSpicara smaris
PilchardSardina pilchardus
Note also entry for Sardine
PlaicePleuronectes platessa
Pollack – see entry for Lythe or Pollack or Pollock
Pollock – see entry for Lythe or Pollack or Pollock
Pomfret – see entry for Butterfish or Pomfret
Ponyfish or ThiraliAll species of the family Leiognathidae
Poor codTrisopterus minutus
Porbeagle see entry for Shark
Porgy or Sea breamAll species of the family Sparidae except Boops boops
Pout – see entry for Bib or Pout or Pouting or Pout whiting
Pouting – see entry for Bib or Pout or Pouting or Pout whiting
Pout whiting – see entry for Bib or Pout or Pouting or Pout whiting
RabbitfishAll species of the family Siganidae
Racasse – see entry for Black scorpionfish or Racasse
Rainbow runnerElagatis bipinnulata
Ray or SkateAll species of the family Rajidae
The following commercial designation may also be used in relation to fish listed against it in Column 2:
RokerRaja clavata
Red codPseudophycis bachus
Redfish – see entry for Ocean perch or Redfish or Rose fish
Red mullet – see entry for Goatfish or Red mullet
Rex sole – see entry for Long-finned sole or Rex sole
Ribbonfish – see entry for Cutlassfish or Ribbonfish or Scabbard fish
Rigg –see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon
Rock eel –see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon
Rockfish – see entry for Catfish or Rockfish or Wolffish
Rock salmon – see entry for Dogfish or Flake or Huss or Rigg or Rock eel or Rock salmon
Rock soleLepidopsetta bilineata
Roker – see entry for Ray or Skate
Rose fish – see entry for Ocean perch or Redfish or Rose fish
SablefishAnoplopoma fimbria
Sabre - see entry for Cutlassfish or Ribbonfish or Scabbard fish
Sabre fish – see entry for Cutlassfish or Ribbonfish or Scabbard fish
Saffron codEleginus gracilis
SailfishAll species of Istiophorus
St Peter’s fish – see entry for Dory or John Dory or St Peter’s fish
Saithe – see entry for Coalfish or Coley or Saithe
Sandbar shark – see entry for Shark
Sand smelt or SilversideAll species of the family Atherinidae
SardineSmall Sardina pilchardus
Note also entry for Pilchard
SardinellaAll species of Sardinella
Scabbard fish – see entry for Cutlassfish or Ribbonfish or Scabbard fish
Scad – see entry for Horse mackerel or Jack or Scad or Trevally
Sea bass – see entry for Bass or Sea bass
Sea bream – see entry for Porgy or Sea bream
Sea catfishAll species of the family Ariidae
SharkCarcharhinus falciformis
Carcharhinus limbatus
Carcharhinus plumbeus
Cetorhinus maximus
Isurus oxyrinchus
Lamna nasus
Prionace glauca
Rhincodon typus
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Basking sharkCetorhinus maximus
Blacktip sharkCarcharhinus limbatus
Blue sharkPrionace glauca
PorbeagleLamna nasus
Sandbar sharkCarcharhinus plumbeus
Shortfin mako or Shortfin mako sharkIsurus oxyrinchus
Silky sharkCarcharhinus falciformis
Whale sharkRhincodon typus
Shortfin mako – see entry for Shark
Shortfin mako shark – see entry for Shark
Sierra mackerel – see entry for Kingfish or Spanish mackerel
SildSmall Clupea harengus, when canned
Small Sprattus sprattus, when canned
Note also entries for Brisling, Herring, Sprat and Whitebait
Silky shark – see entry for Shark
SillagoAll species of the family Sillaginidae
Silver sabre – see entry for Cutlassfish or Ribbonfish or Scabbard fish
Silverside – see entry for Sand smelt or Silverside
Skate – see entry for Ray or Skate
Skipjack tuna or TunaEuthynnus (Katsuwonus) pelamis
Note also entry for Tuna or Tunny
Small sandeelAmmodytes tobianus
Smelt or SparlingAll species of Osmerus
Smooth oreo – see entry for Oreo or Smooth oreo
Snake mackerel – see entry for Escolar or Snake mackerel
SnapperAll species of the family Lutjanidae
The following commercial designation may also be used in relation to fish of the species listed against it in Column 2:
JobfishAll species of Aphareus
All species of Aprion
All species of Pristipomoides
SnookAll species of Centropomus
Soldier fish or Squirrel fishAll species of the family Holocentridae
Sole – see entry for Dover sole or Sole
South Atlantic pilchardSardinops sagax that has been caught in the South Atlantic Ocean
Southern blue whitingMicromesistius australis
Southern bluefin tuna – see entry for Tuna or Tunny
Southern meagre – see entry for Croaker or Drum or Jewfish
Southern rock bassParalabrax callaensis
SpadefishAll species of the family Ephippidae
Spanish mackerel – see entry for Kingfish or Spanish mackerel
Sparling – see entry for Smelt or Sparling
Speckled flounderParalichthys woolmani
Spottail spiny turbot or Spottail turbotPsettodes belcheri
Spottail turbot – see entry for Spottail spiny turbot or Spottail turbot
Spotted sea bassDicentrarchus punctatus
SpratSprattus sprattus, except when canned
Note also entries for Brisling, Sild and Whitebait
Squirrel fish – see entry for Soldier fish or Squirrel fish
StargazerAll species of the family Uranoscopidae
Striped bassMorone saxatilis
Surgeon fish – see entry for Doctor fish or Surgeon fish or Tang
SwordfishXiphias gladius
Tailor – see entry for Bluefish or Tailor
Tang – see entry for Doctor fish or Surgeon fish or Tang
TarponAll species of the family Megalopidae
Thirali – see entry for Ponyfish or Thirali
ThreadfinPolynemus tetradactylum
Threadfin breamAll species of Nemipterus
Toothfish – see entry for Icefish or Toothfish
Torbay sole or WitchGlyptocephalus cynoglossus
Torpedo sand perchDiplectrum maximum
Trevally – see entry for Horse mackerel or Jack or Scad or Trevally
Tuna or TunnyAll species of Thunnus
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Albacore tunaThunnus alalunga
Bigeye tunaThunnus obesus
Bluefin tunaThunnus thynnus
Oriental bluefin tuna or Pacific bluefin tunaThunnus orientalis
Southern bluefin tunaThunnus maccoyii
Yellowfin tunaThunnus albacares
Note also entry for Skipjack tuna or Tuna
Tunny – see entry for Tuna or Tunny
TurbotPsetta maxima
Unicorn fishsee entry for Leatherjacket or Unicorn fish
WahooAcanthocybium solandri
WeeverAll species of the family Trachinidae
Whale shark – see entry for Shark
WhitebaitSmall Clupea harengus
Small Sprattus sprattus (except when canned)
Note also entries for Brisling, Herring, Sild and Sprat
White hakeUrophycis tenuis
WhitingMerlangius merlangus
Winter flounderPseudopleuronectes americanus
Witch – see entry for Torbay sole or Witch
Wolffish – see entry for Catfish or Rockfish or Wolffish
Wolf herringChirocentrus dorab
WrasseAll species of the family Labridae
Yellowfin soleLimanda aspera
Yellowfin tuna – see entry for Tuna or Tunny
Yellowstripe scadSellaroides leptolepis
Yellowtail – see entry for Horse mackerel or Jack or Scad or Trevally
Yellowtail dab or Yellowtail flounderLimanda ferruginea
Yellowtail flounder – see entry for Yellowtail dab or Yellowtail flounder
Salmon and Freshwater Fish
American catfish see entry for Catfish
Arctic cisco or PollanCoregonus autumnalis
Atlantic salmon or SalmonSalmo salar*
Ayre – see entry for Catfish
BachaEutropiichthys vacha
Banspata – see entry for Carp
Barbel – see entry for Carp
Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’All species of the family Pangasiidae
The following commercial designation may also be used in relation to fish of the species listed against it in Column 2:
Royal basaPangasianodon bocourti
Basa catfish – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
Bata – see entry for Carp
BatashiPseudeutropius atherinoides
Boal – see entry for Catfish
Brown trout – see entry for Trout
Buzuri – see entry for Catfish
Cachama or TambaquiColossoma macroponum
CarpAll species of the family Cyprinidae
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
BanspataDanio devario
BarbelBarbus barbus
BataLabeo bata
ChelapataSalmostoma bacaila
Freshwater breamAbramis brama
GhaniaLabeo gonius
KalibousLabeo calbasu
MowralaAmblypharyngodon mola
PuntiPuntius sarana
RoachRutilus rutilus
Rohu or RuhiLabeo rohita
TenchTinca tinca
CatfishAll species of the family Bagridae
All species of the family Clariidae
All species of the family Ictaluridae
All species of the family Pimelodidae
All species of the family Siluridae
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
American catfish or Channel catfishAll species of the family Ictaluridae
AyreSperata aor
BoalWallago attu
BuzuriMystus tengara
GulshaMystus bleekeri
MagurClarias batrachus
PabdaOmpok pabda
TengraMystus vittatus
Channel catfish – see entry for Catfish
ChapilaGudusia chapra
CharAll species of Salvelinus
Chelapata – see entry for Carp
Cherry salmon – see entry for Pacific salmon
Chinook salmon – see entry for Pacific salmon
Chum salmon – see entry for Pacific salmon
Coho salmon – see entry for Pacific salmon
Cut-throat trout – see entry for Trout
Dry star baim or Largebaim or PatabaimAll species of the family Mastacembelidae
Freshwater bream – see entry for Carp
Ghania – see entry for Carp
Gulsha – see entry for Catfish
KakilaXenentodon cancila
Kalibous – see entry for Carp
KeskiCorica soborna
Keta salmon – see entry for Pacific salmon
KhalishaColisa fasciatus
King salmon – see entry for Pacific salmon
KoiAnabas testudineus
Largebaim – see entry for Dry star baim or Largebaim or Patabaim
Magur – see entry for Catfish
Medium red salmon – see entry for Pacific salmon
MeniNandus nandus
Mowrala – see entry for Carp
Nile perchLates niloticus
Northern pike or PikeEsox lucius
Pabda – see entry for Catfish
Pacific salmonOncorhynchus gorbuscha*
Oncorhynchus keta*
Oncorhynchus kisutch*
Oncorhynchus masou masou*
Oncorhynchus nerka*
Oncorhynchus tshawytscha*
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Cherry salmonOncorhynchus masou masou*
Chinook salmon or King salmon or Spring salmonOncorhynchus tshawytscha*
Chum salmon or Keta salmonOncorhynchus keta*
Coho salmon or Medium red salmon or Silver SalmonOncorhynchus kisutch*
Pink salmonOncorhynchus gorbuscha*
Red salmon or Sockeye salmonOncorhynchus nerka*
PacuPiaractus mesopotamicus
Panga(s) – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
Panga(s) catfish – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
Pangasius – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
Pangasius catfish – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these with the additional word ‘catfish’
Patabaim – see entry for Dry star baim or Largebaim or Patabaim
Pikesee entry for Northern pike or Pike
Pike-Perch or ZanderStizostedion lucioperca
Pink salmon – see entry for Pacific salmon
Pollan – see entry for Arctic cisco or Pollan
Punti – see entry for Carp
Queen fishBotia dario
Rainbow trout – see entry for Trout
Red salmon – see entry for Pacific salmon
River cobbler – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
River cobbler catfish – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
Roach – see entry for Carp
Rohu – see entry for Carp
Royal basa – see entry for Basa or Panga(s) or Pangasius or River cobbler or any of these together with the additional word ‘catfish’
Ruhi – see entry for Carp
Salmon – see entry for Atlantic salmon or Salmon
Salmon trout or Sea troutSalmo trutta trutta which has spent part of its life in sea water
Note also entry for Trout.
Sea trout – see entry for Salmon trout or Sea Trout
SholChanna striata
Silver salmon – see entry for Pacific salmon
SnakeheadAll species of the family Channidae
Sockeye salmon – see entry for Pacific salmon
Spring salmon – see entry for Pacific salmon
Steelhead trout – see entry for Trout
TakiChanna punctata
Tambaqui – see entry for Cachama or Tambaqui
Tench – see entry for Carp
Tengra – see entry for Catfish
TilapiaAll species of Oreochromis
All species of Tilapia
TroutOncorhynchus clarki clarki
Oncorhynchus mykiss
Salmo trutta which has spent all of its life in fresh water
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Brown troutSalmo trutta trutta which has spent all of its life in fresh water
Cut-throat troutOncorhynchus clarki clarki
Rainbow trout or Steelhead troutOncorhynchus mykiss
Note also entry for Salmon trout or Sea Trout
VendaceCoregonus albula
Zander – see entry for Pike – Perch or Zander
Shellfish
Abalone or OrmerAll species of Haliotis
Amande clam or Dog cockleGlycymeris glycymeris
Ark clam or ArkshellAll species of the family Arcidae
Arkshell – see entry for Ark clam or Arkshell
Arrow squidNototodarus gouldi
Nototodarus sloani
Atlantic scallop – see entry for Common Scallop or Scallop
Brown shrimp or ShrimpAll species of Crangon
Note also entries for Pink shrimp or Shrimp, Prawn or Shrimp and Shrimp
Clam or Hard shell clamMercenaria mercenaria
Venus verrucosa
Clam or Razor clam or Razor shellAll species of Ensis and Solen
CockleAll species of Cerastoderma
Common scallop or ScallopAll species of the family Pectinidae
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Atlantic scallopPlacopecten magellanicus
King scallopPecten maximus
Queen or Queen scallopChlamys (Aequipecten) opercularis
CrabAll species of the order Brachyura
All species of the family Lithodidae
Crawfish or Rock lobster or Spiny lobsterAll species of Jasus
All species of Palinurus
All species of Panulirus
CrayfishAll species of the family Astacidae
All species of the family Austroastacidae
All species of the family Cambaridae
All species of the family Parastacidae
CuttlefishAll species of Sepia
Rossia macrosoma
Dog cockle – see entry for Amande clam or Dog cockle
Dublin bay prawn or Langoustine or Norway lobster or ScampiNephrops norvegicus
Gaper or Soft shell clamAll species of Mya
Geoduck or Geoduck clamPanopea abrupta
Geoduck clam – see entry for Geoduck or Geoduck clam
Grooved carpet shell or Native clam or PalourdeRuditapes decussatus
Tapes decussatus
Venerupis decussa
Hard shell clam – see entry for Clam or Hard shell clam
Indian Ocean lobster or Whip lobsterPuerulus angulatus
Puerulus carinatus
Puerulus sewelli
Japanese carpet shell or Manila clamRuditapes philippinarum
Tapes philippinarum
King prawnAll species of the family Aristaeidae
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)
King scallop – see entry for Common scallop or Scallop
Langoustine – see entry for Dublin Bay prawn or Langoustine or Norway lobster or Scampi
LobsterAll species of Homarus
Manila clam – see entry for Japanese carpet shell or Manila clam
Mantis shrimpSquilla mantis
MusselAll species of the family Mytilidae
Native clam – see entry for Grooved carpet shell or Native clam or Palourde
Native oyster – see entry for Oyster
Norway lobster – see entry for Dublin Bay prawn or Langoustine or Norway lobster or Scampi
OctopusAll species of Octopus
Ormer – see entry for Abalone or Ormer
Otter shell clamLutraria lutraria
OysterAll species of Crassostrea
All species of Ostrea
The following commercial designations may also be used in relation to fish of the species listed against them in Column 2:
Native oysterOstrea edulis
Pacific oyster or Rock oysterCrassostrea gigas
Portuguese oysterCrassostrea angulata
Pacific oyster – see entry for Oyster
Pacific scampiMetanephrops andamanicus
Metanephrops challengeri
Metanephrops thomsoni
Palourde – see entry for Grooved carpet shell or Native clam or Palourde
Pink shrimp or ShrimpPandalus montagui
Note also entries for Brown shrimp or Shrimp, Prawn or Shrimp and Shrimp
Portuguese oyster – see entry for Oyster
Prawn or ShrimpWhole 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 Aristaeidae
all species of the family Palaemonidae
all species of the family Pandalidae
all species of the family Penaeidae
Note also entries for Brown shrimp or Shrimp, Pink shrimp or Shrimp and Shrimp
Queen – see entry for Common scallop or Scallop
Queen scallop – see entry for Common scallop or Scallop
Razor clam – see entry for Clam or Razor clam or Razor shell
Razor shell – see entry for Clam or Razor clam or Razor shell
Rock lobster – see entry for Crawfish or Rock lobster or Spiny lobster
Rock oyster – see entry for Oyster
Scallop – see entry for Common scallop or Scallop
Scampi – see entry for Dublin Bay prawn or Langoustine or Norway lobster or Scampi
Sea urchinAll species of the family Echinidae
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 Aristaeidae
all species of the family Palaemonidae
all species of the family Pandalidae
all species of the family Penaeidae
Note also entries for Brown Shrimp or Shrimp, Pink Shrimp or Shrimp and Prawn or Shrimp
Slipper lobsterAll species of the family Scyllaridae
Soft shell clam – see entry for Gaper or Soft shell clam
Spiny lobster – see entry for Crawfish or Rock lobster or Spiny lobster
Squat lobsterAll species of the family Galatheidae
SquidAll species of Illex
All species of Loligo
Ommastrephes sagittatus
Surf clamAll species of Spisula
Tiger prawnParapenaeopsis hardwickii
Parapenaeopsis sculptilis
Penaeus esculentus
Penaeus japonicus
Penaeus kerathurus
Penaeus monodon
Penaeus semisulcatus
WhelkAll species of Buccinum
Whip lobster – see entry for Indian Ocean lobster or Whip lobster
WinkleAll species of Littorina

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which apply in relation to Wales, provide for the execution and enforcement of Title I, Chapter 2 (consumer information) of Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products (OJ No. L17, 21.2.2000, p.22) as applied by 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. L278, 23.10.2001, p.6).

2.  Title I of Chapter 2 of Council Regulation (EC) No. 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) No. 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.

3.  These Regulations:

(a)provide an updated list 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)provide for the derogation at Article 4.2 of Regulation (EC) No. 2065/2001 (circumstances in which fishery products may be sold to the final consumer without being marked or labelled with the production method) (regulation 5);

(c)in accordance with Article 7 of Regulation (EC) No. 2065/2001, determine what constitutes “small quantities of products sold directly to consumers” for the purposes of applying the derogation at Article 4.1 of Regulation (EC) No. 104/2001 (regulation 6); and

(d)provide that the indication of catch area required by Article 4.1(c) of Regulation (EC) No. 104/2001 may, in accordance with Article 5(1)(c) of Regulation (EC) No. 2065/2001, indicate the various Member States or third countries in which the product was farmed (regulation 7);

(e)create offences and prescribe penalties (regulation 3), specify enforcement authorities (regulation 9) and apply with modifications specified provisions of the Food Safety Act 1990 (regulation 10); and

(f)revoke the Fish Labelling (Wales) Regulations 2003 (S.I. 2003/635 (W.177)) and the Fish Labelling (Amendment) (Wales) Regulations 2006 (S.I. 2006/1339 (W.131)) (regulation 11).

A full regulatory impact assessment has been undertaken in respect of these Regulations and is available from the Food Standards Agency, 11th Floor, South Gate House, Wood Street, Cardiff CF10 1EW.

(1)

1996 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 18 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), (“the 1999 Act”). Section 48 was also amended by S.I. 2004/2990. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40), Schedule 6 to the 1999 Act and S.I. 2004/2990.

(2)

Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the 1999 Act. Functions of “the Ministers” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). Those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) as read with section 40(2) of the 1999 Act.

(3)

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny — Part Four (OJ No. L188, 18.7.2009, p.14).

(4)

OJ No. L17, 21.1.2000, p.22. That Regulation was amended by the EU Act concerning the conditions of accession of the Czech Republic etc. (OJ No. L236, 23.9.2003, p.33).

(5)

OJ No. L278, 23.10.2001, p.6. That Regulation was corrected by a Corrigendum (OJ No. L10, 12.1.2002, p.82 (2001/2065)) and it was amended by the EU Act concerning the conditions of accession of the Czech Republic etc. (OJ No. L236, 23.9.2003, p.33) and by Commission Regulation (EC) No. 1792/2006 (OJ No. L362, 20.12.2006, p.1).

(6)

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.

(7)

Section 21 was amended by S.I. 2004/3279.

(8)

Section 35(1) is amended by the Criminal Justice Act 2003 (2003 c. 44), Schedule 26, paragraph 42, from a date to be appointed.

(9)

Section 35(3) was amended by S.I. 2004/3279.

(10)

Section 36A was inserted by the Food Standards Act 1999 (1999 c. 28), Schedule 5, paragraph 16.

(13)

OJ No. L212, 22.7.1989, p.79.

(14)

OJ No. L165, 3.7.2003, p.17.

(15)

OJ No. L348, 24.12.2008, p.76.

(16)

OJ No. L.163, 17.6.1992, p.1.

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