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
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[^f00003], 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[^f00004];
- “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[^f00005];
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[^f00006].
- (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)[^f00007] 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)[^f00008] insofar as it relates to offences under section 33(1) as applied by paragraph (e);
- (h) section 35(2) and (3)[^f00009] 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)[^f00010]; 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[^f00011]; and
- (b) The Fish Labelling (Amendment) (Wales) Regulations 2006[^f00012].
SCHEDULE — Commercial 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[^f00013] (as amended by Commission Regulation (EC) No. 1181/2003[^f00014] and Commission Regulation (EC) No. 1345/2008[^f00015]) or Council Regulation (EEC) No. 1536/92 laying down common marketing standards for preserved tuna and bonito[^f00016].
| Column 1 Commercial designation | Column 2 Species of fish |
|---|---|
| Sea Fish | |
| African sole | Solea senegalensis |
| Alaska plaice | Pleuronectes quadrituberculatus |
| Alaska pollack or Alaska pollock or Pacific pollack or Pacific pollock | Theragra chalcogramma |
| Alaska pollock – see entry for Alaska Pollack orAlaska pollock orPacific pollack or Pacific pollock | |
| Albacore tuna - see entry for Tuna orTunny | |
| Amberjack – see entry for Horse Mackerel or Jack or Scad orTrevally | |
| American plaice | Hippoglossoides platessoides |
| Anchovy | All species of the family Engraulidae |
| Angler(fish) or Monk(fish) | Lophiodes caulinaris |
| Angler(fish) or Monk(fish) | Lophius americanus |
| Angler(fish) or Monk(fish) | Lophius budegassa |
| Angler(fish) or Monk(fish) | Lophius piscatorius |
| Argentine | All species of the family Argentinidae |
| Arrowtooth flounder | Atheresthes stomias |
| Barracuda | All species of Sphyraena |
| Barramundi | Lates calcarifer |
| Basking shark – see entry for Shark | |
| Bass or Sea bass | Dicentrarchus labrax |
| Bib or Pout or Pouting orPout whiting | Trisopterus luscus |
| Bigeye | All species of Priacanthus |
| Bigeye tuna – see entry for Tuna or Tunny | |
| Black bream orBlack seabream | Spondyliosoma cantharus |
| Black halibut or Greenland halibut or Mock halibut | Reinhardtius hippoglossoides |
| Black oreo – see entry for Oreo | |
| Black sabre – see entry for Cutlassfish or Ribbonfish orScabbard fish | |
| Black scabbard fish – see entry for Cutlassfish or Ribbonfish orScabbard fish | |
| Black scorpionfish or Racasse | Scorpaena porcus |
| Black seabream – see entry for Black bream or Black seabream | |
| Blacktip shark – see entry for Shark | |
| Blue cod | Parapercis colias |
| Bluefin tuna – see entry for Tuna or Tunny | |
| Bluefish or Tailor | Pomatomus saltatrix |
| Blue ling | Molva dypterygia |
| Blue shark – see entry for Shark | |
| Blue whiting | Micromesistius poutassou |
| Bogue | Boops boops |
| Bombay duck | Harpadon nehereus |
| Bonito | All species of Auxis |
| Bonito | All species of Euthynnus, with the exception of Euthynnus (Katsuwonus) pelamis |
| Bonito | All species of Sarda |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column2: | |
| Bullet tuna orMelva | Auxis rochei |
| Brill | Scophthalmus rhombus |
| Brisling | Sprattus sprattus when canned |
| Note also entries for Sild, Sprat and Whitebait | Sprattus sprattus when canned |
| Bullet tuna – see entry for Bonito | |
| Butterfish or Pomfret | All species of Brama |
| Butterfish or Pomfret | All species of Pampus |
| Butterfish or Pomfret | All species of Stromateus |
| Butter sole | Isopsetta isolepis |
| Californian sole | Parophrys vetulus |
| Cape angler(fish) orCape monk(fish) | Lophius vomerinus |
| Cape hake – see entry for Hake | |
| Cape monk(fish) – see entry for Cape angler(fish) orCape monk(fish) | |
| Catfish or Rockfish or Wolffish | All species of Anarhichas |
| Chilean hoki | Macruronus magellanicus |
| Coalfish or Coley orSaithe | Pollachius virens |
| Cobia | Rachycentron canadum |
| Cod | Gadus macrocephalus |
| Cod | Gadus morhua |
| Cod | Gadus ogac |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Codling | Gadus morhua |
| Greenland cod | Gadus ogac |
| Pacific cod | Gadus macrocephalus |
| Codling – see entry for Cod | |
| Coley – see entry for Coalfish or Coley orSaithe | |
| Conger | All species of Conger |
| Croaker or Drum or Jewfish | All 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: | |
| Meagre | Argyrosomus regius |
| Mulloway or Southern meagre | Argyrosomus hololepidotus |
| Cutlassfish or Ribbonfish or Scabbard fish | All 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 fish | Aphanopus carbo |
| Sabre orSabre fish or Silver sabre | Lepidopus caudatus |
| Dab | Limanda limanda |
| Doctor fish orSurgeon fish orTang | All species of the family Acanthuridae |
| Dogfish or Flake or Huss orRigg or Rock eel or Rock salmon | All species of Galeorhinus |
| Dogfish or Flake or Huss orRigg or Rock eel or Rock salmon | All species of Mustelus |
| Dogfish or Flake or Huss orRigg or Rock eel or Rock salmon | All species of Scyliorhinus |
| Dogfish or Flake or Huss orRigg or Rock eel or Rock salmon | Galeus melastomus |
| Dogfish or Flake or Huss orRigg or Rock eel or Rock salmon | Squalus acanthias |
| Dory or John Dory or St Peter’s fish | Zeus faber |
| Dover sole orSole | Solea solea |
| Drum – see entry for Croaker or Drum orJewfish | |
| Eel | All species of Anguilla |
| Emperor | All species of Lethrinus |
| Escolar or Snake mackerel | All species of the family Gempylidae |
| Flake – see entry for Dogfish or Flake orHuss or Rigg or Rock eel or Rock salmon | |
| Flathead | All species of the family Platycephalidae |
| Flathead sole | Hippoglossoides elassodon |
| Flounder | Platichthys flesus |
| Flying fish | All species of the family Exocoetidae |
| Garfish orNeedlefish | All seafish species of the family Belonidae |
| Goatfish orRed mullet | All species of the family Mullidae |
| Greenland cod – see entry for Cod | |
| Greenland halibut – see entry for Black halibut orGreenland halibutor Mock halibut | |
| Greenling | Ophiodon elongatus |
| Grey mullet | All species of the family Mugilidae |
| Grouper | All species ofEpinephelus |
| Grouper | All species of Mycteroperca |
| Gurnard | All species of the family Triglidae |
| Gurnard | Peristedion cataphractum |
| Haddock | Melanogrammus aeglefinus |
| Hake | All species of Merluccius |
| The following commercial designation may also be used in relation to fish of the species listed against it in Column2: | |
| Cape hake | Merluccius capensis |
| Cape hake | Merluccius paradoxus |
| Halfbeak | All species of the family Hemiramphidae |
| Halibut | Hippoglossus hippoglossus |
| Halibut | Hippoglossus stenolepis |
| Herring | Clupea harengus |
| Note also entries for Sild and Whitebait | Clupea harengus |
| Hilsa | Tenualosa ilisha |
| Hoki | Macruronus novaezelandiae |
| Horse mackerel orJack orScad or Trevally | All species of Caranx |
| Horse mackerel orJack orScad or Trevally | All species of Decapterus |
| Horse mackerel orJack orScad or Trevally | All species of Hemicaranx |
| Horse mackerel orJack orScad or Trevally | All species of Seriola |
| Horse mackerel orJack orScad or Trevally | All species of Trachurus |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column2: | |
| Amberjack orYellowtail | Seriola lalandi |
| Huss – see entry for Dogfish orFlake orHuss or Rigg orRock eel orRock salmon | |
| Icefish or Toothfish | Dissostichus eleginoides |
| Icefish or Toothfish | Dissostichus mawsoni |
| Indian halibut | Psettodes erumei |
| Indian mackerel | All species of Rastrelliger |
| Jack – see entry for Horse mackerel orJack orScad orTrevally | |
| Japanese sea bass | Lateolabrax japonicus |
| Jewfish – see entry for Croaker orDrum orJewfish | |
| Jobfish – see entry for Snapper | |
| John Dory – see entry for Dory or John Dory orSt Peter’s fish | |
| Kingfish or Spanish mackerel | All species of Scomberomorus |
| The following commercial designations may also be used in relation to fish of the species listed against them in column2: | |
| King mackerel | Scomberomorus cavalla |
| Pacific sierra or Sierra mackerel | Scomberomorus sierra |
| Kingklip | Genypterus capensis |
| King mackerel – see entry for Kingfish orSpanish mackerel | |
| Ladyfish | All species of the family Elopidae |
| Leatherjacket or Unicorn fish | Aluterus monoceros |
| Leerfish | Lichia amia |
| Lemon sole | Microstomus kitt |
| Ling | All species of Molvaexcept Molva dypterygia |
| Longfin codling | Laemonema longipes |
| Long-finned sole orRex sole | Glyptocephalus zachirus |
| Lumpfish or Lumpsucker | Cyclopterus lumpus |
| Lumpsucker – see entry for Lumpfish orLumpsucker | |
| Lythe orPollack orPollock | Pollachius pollachius |
| Mackerel | All species of Scomber |
| Mahi Mahi | Coryphaena hippurus |
| Marlin | All species of Makaira |
| Meagre – see entry for Croaker orDrum orJewfish | |
| Megrim | All species of Lepidorhombus |
| Melva – see entry for Bonito | |
| Milkfish | Chanos chanos |
| Mock halibut – see entry for Black halibut orGreenland halibut orMock halibut | |
| Monk(fish) – see entry for Angler (fish) orMonk(fish) | |
| Moonfish or Opah | All species of Lampris |
| Mulloway – see entry for Croaker or Drum orJewfish | |
| Needlefish – see entry for Garfish or Needlefish | |
| Northern rock sole | Lepidopsetta polyxystra |
| Ocean perch or Redfish or Rose fish | All species of Helicolenus |
| Ocean perch or Redfish or Rose fish | All species of Sebastes |
| Opah – see entry for Moonfish orOpah | |
| Orange roughy | Hoplostethus atlanticus |
| Oreo | Allocyttus niger |
| Oreo | Pseudocyttus maculatus |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Black oreo | Allocyttus niger |
| Smooth oreo | Pseudocyttus maculatus |
| Oriental bluefin tuna - see entry for Tuna orTunny | |
| 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) orPacific monk(fish) | |
| Pacific pilchard | Sardinops sagaxthat has been caught in the Pacific Ocean |
| Pacific pollack – see entry for Alaska pollack or Alaska pollock or Pacific pollack orPacific pollock | |
| Pacific pollock – see entry for Alaska pollack orAlaska pollock orPacific pollack orPacific pollock | |
| Pacific sand dab | Citharichthys sordidus |
| Pacific sierra – see entry for Kingfish orSpanish mackerel | |
| Pacific sole | Microstomus pacificus |
| Parrotfish | All species of the family Scaridae |
| Patagonian icefish | Patagonotothen ramsayi |
| Peruvian moonfish | Selene peruviana |
| Petrale sole | Eopsetta jordani |
| Picarel | Spicara smaris |
| Pilchard | Sardina pilchardus |
| Note also entry for Sardine | Sardina pilchardus |
| Plaice | Pleuronectes platessa |
| Pollack – see entry for Lythe orPollack or Pollock | |
| Pollock – see entry for Lythe or Pollack orPollock | |
| Pomfret – see entry for Butterfish orPomfret | |
| Ponyfish orThirali | All species of the family Leiognathidae |
| Poor cod | Trisopterus minutus |
| Porbeagle –see entry for Shark | |
| Porgy or Sea bream | All species of the family Sparidaeexcept Boops boops |
| Pout – see entry for Bib or Pout or Pouting orPout whiting | |
| Pouting – see entry for Bib orPout orPouting orPout whiting | |
| Pout whiting – see entry for Bib or Pout orPouting orPout whiting | |
| Rabbitfish | All species of the family Siganidae |
| Racasse – see entry for Black scorpionfish orRacasse | |
| Rainbow runner | Elagatis bipinnulata |
| Ray or Skate | All species of the family Rajidae |
| The following commercial designation may also be used in relation to fish listed against it in Column2: | |
| Roker | Raja clavata |
| Red cod | Pseudophycis bachus |
| Redfish – see entry for Ocean perch or Redfish orRose fish | |
| Red mullet – see entry for Goatfish orRed mullet | |
| Rex sole – see entry for Long-finned sole orRex sole | |
| Ribbonfish – see entry for Cutlassfish or Ribbonfish orScabbard fish | |
| Rigg –see entry for Dogfish or Flake or Huss orRigg orRock eel orRock salmon | |
| Rock eel –see entry for Dogfish orFlake orHuss orRigg orRock eel orRock salmon | |
| Rockfish – see entry for Catfish orRockfish orWolffish | |
| Rock salmon – see entry for Dogfish orFlakeor Huss or Rigg orRock eel orRock salmon | |
| Rock sole | Lepidopsetta bilineata |
| Roker – see entry for Ray orSkate | |
| Rose fish – see entry for Ocean perch or Redfish orRose fish | |
| Sablefish | Anoplopoma fimbria |
| Sabre - see entry for Cutlassfish or Ribbonfish orScabbard fish | |
| Sabre fish – see entry for Cutlassfish orRibbonfishorScabbard fish | |
| Saffron cod | Eleginus gracilis |
| Sailfish | All species of Istiophorus |
| St Peter’s fish – see entry for Dory or John Dory orSt Peter’s fish | |
| Saithe – see entry for Coalfish or Coley orSaithe | |
| Sandbar shark – see entry for Shark | |
| Sand smelt or Silverside | All species of the family Atherinidae |
| Sardine | Small Sardina pilchardus |
| Note also entry for Pilchard | Small Sardina pilchardus |
| Sardinella | All species of Sardinella |
| Scabbard fish – see entry for Cutlassfish or Ribbonfish orScabbard fish | |
| Scad – see entry for Horse mackerel orJack orScad orTrevally | |
| Sea bass – see entry for Bass orSea bass | |
| Sea bream – see entry for Porgy orSea bream | |
| Sea catfish | All species of the family Ariidae |
| Shark | Carcharhinus falciformis |
| Shark | Carcharhinus limbatus |
| Shark | Carcharhinus plumbeus |
| Shark | Cetorhinus maximus |
| Shark | Isurus oxyrinchus |
| Shark | Lamna nasus |
| Shark | Prionace glauca |
| Shark | Rhincodon typus |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Basking shark | Cetorhinus maximus |
| Blacktip shark | Carcharhinus limbatus |
| Blue shark | Prionace glauca |
| Porbeagle | Lamna nasus |
| Sandbar shark | Carcharhinus plumbeus |
| Shortfin mako orShortfin mako shark | Isurus oxyrinchus |
| Silky shark | Carcharhinus falciformis |
| Whale shark | Rhincodon typus |
| Shortfin mako – see entry for Shark | |
| Shortfin mako shark – see entry for Shark | |
| Sierra mackerel – see entry for Kingfish or Spanish mackerel | |
| Sild | Small Clupea harengus, when canned |
| Sild | Small Sprattus sprattus, when canned |
| Note also entries for Brisling, Herring, Sprat and Whitebait | |
| Silky shark – see entry for Shark | |
| Sillago | All species of the family Sillaginidae |
| Silver sabre – see entry for Cutlassfish or Ribbonfish or Scabbard fish | |
| Silverside – see entry for Sand smelt orSilverside | |
| Skate – see entry for Ray orSkate | |
| Skipjack tuna orTuna | Euthynnus (Katsuwonus) pelamis |
| Note also entry for Tuna orTunny | Euthynnus (Katsuwonus) pelamis |
| Small sandeel | Ammodytes tobianus |
| Smelt or Sparling | All species of Osmerus |
| Smooth oreo – see entry for Oreo orSmooth oreo | |
| Snake mackerel – see entry for Escolar orSnake mackerel | |
| Snapper | All species of the family Lutjanidae |
| The following commercial designation may also be used in relation to fish of the species listed against it in Column2: | |
| Jobfish | All species of Aphareus |
| Jobfish | All species of Aprion |
| Jobfish | All species of Pristipomoides |
| Snook | All species of Centropomus |
| Soldier fish or Squirrel fish | All species of the family Holocentridae |
| Sole – see entry for Dover sole orSole | |
| South Atlantic pilchard | Sardinops sagaxthat has been caught in the South Atlantic Ocean |
| Southern blue whiting | Micromesistius australis |
| Southern bluefin tuna – see entry for Tuna orTunny | |
| Southern meagre – see entry for Croaker orDrum orJewfish | |
| Southern rock bass | Paralabrax callaensis |
| Spadefish | All species of the family Ephippidae |
| Spanish mackerel – see entry for Kingfish orSpanish mackerel | |
| Sparling – see entry for Smelt orSparling | |
| Speckled flounder | Paralichthys woolmani |
| Spottail spiny turbot or Spottail turbot | Psettodes belcheri |
| Spottail turbot – see entry for Spottail spiny turbot orSpottail turbot | |
| Spotted sea bass | Dicentrarchus punctatus |
| Sprat | Sprattus sprattus, except when canned |
| Note also entries for Brisling, Sild and Whitebait | Sprattus sprattus, except when canned |
| Squirrel fish – see entry for Soldier fish orSquirrel fish | |
| Stargazer | All species of the family Uranoscopidae |
| Striped bass | Morone saxatilis |
| Surgeon fish – see entry for Doctor fish orSurgeon fish orTang | |
| Swordfish | Xiphias gladius |
| Tailor – see entry for Bluefish orTailor | |
| Tang – see entry for Doctor fish orSurgeon fish orTang | |
| Tarpon | All species of the family Megalopidae |
| Thirali – see entry for Ponyfish orThirali | |
| Threadfin | Polynemus tetradactylum |
| Threadfin bream | All species of Nemipterus |
| Toothfish – see entry for Icefish or Toothfish | |
| Torbay sole orWitch | Glyptocephalus cynoglossus |
| Torpedo sand perch | Diplectrum maximum |
| Trevally – see entry for Horse mackerel orJack orScad orTrevally | |
| Tuna or Tunny | All species of Thunnus |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column2: | |
| Albacore tuna | Thunnus alalunga |
| Bigeye tuna | Thunnus obesus |
| Bluefin tuna | Thunnus thynnus |
| Oriental bluefin tuna or Pacific bluefin tuna | Thunnus orientalis |
| Southern bluefin tuna | Thunnus maccoyii |
| Yellowfin tuna | Thunnus albacares |
| Note also entry for Skipjack tuna orTuna | |
| Tunny – see entry for Tuna or Tunny | |
| Turbot | Psetta maxima |
| Unicorn fish–see entry for Leatherjacket or Unicorn fish | |
| Wahoo | Acanthocybium solandri |
| Weever | All species of the family Trachinidae |
| Whale shark – see entry for Shark | |
| Whitebait | Small Clupea harengus |
| Whitebait | Small Sprattus sprattus(except when canned) |
| Note also entries for Brisling, Herring, Sild and Sprat | |
| White hake | Urophycis tenuis |
| Whiting | Merlangius merlangus |
| Winter flounder | Pseudopleuronectes americanus |
| Witch – see entry for Torbay sole orWitch | |
| Wolffish – see entry for Catfish orRockfish orWolffish | |
| Wolf herring | Chirocentrus dorab |
| Wrasse | All species of the family Labridae |
| Yellowfin sole | Limanda aspera |
| Yellowfin tuna – see entry for Tuna orTunny | |
| Yellowstripe scad | Sellaroides leptolepis |
| Yellowtail – see entry for Horse mackerel orJack orScad orTrevally | |
| Yellowtail dab orYellowtail flounder | Limanda ferruginea |
| Yellowtail flounder – see entry for Yellowtail dab orYellowtail flounder | |
| Salmon and Freshwater Fish | |
| American catfish –see entry for Catfish | |
| Arctic cisco orPollan | Coregonus autumnalis |
| Atlantic salmon orSalmon | Salmo salar* |
| Ayre – see entry for Catfish | |
| Bacha | Eutropiichthys vacha |
| Banspata – see entry for Carp | |
| Barbel – see entry for Carp | |
| Basa orPanga(s) or Pangasius orRiver cobbler orany 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 Column2: | |
| Royal basa | Pangasianodon bocourti |
| Basa catfish – see entry for Basa or Panga(s) or Pangasius or River cobbler orany of these together with the additional word ‘catfish’ | |
| Bata – see entry for Carp | |
| Batashi | Pseudeutropius atherinoides |
| Boal – see entry for Catfish | |
| Brown trout – see entry for Trout | |
| Buzuri – see entry for Catfish | |
| Cachama orTambaqui | Colossoma macroponum |
| Carp | All species of the family Cyprinidae |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column2: | |
| Banspata | Danio devario |
| Barbel | Barbus barbus |
| Bata | Labeo bata |
| Chelapata | Salmostoma bacaila |
| Freshwater bream | Abramis brama |
| Ghania | Labeo gonius |
| Kalibous | Labeo calbasu |
| Mowrala | Amblypharyngodon mola |
| Punti | Puntius sarana |
| Roach | Rutilus rutilus |
| Rohu orRuhi | Labeo rohita |
| Tench | Tinca tinca |
| Catfish | All species of the family Bagridae |
| Catfish | All species of the family Clariidae |
| Catfish | All species of the family Ictaluridae |
| Catfish | All species of the family Pimelodidae |
| Catfish | 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 Column2: | |
| American catfish or Channel catfish | All species of the family Ictaluridae |
| Ayre | Sperata aor |
| Boal | Wallago attu |
| Buzuri | Mystus tengara |
| Gulsha | Mystus bleekeri |
| Magur | Clarias batrachus |
| Pabda | Ompok pabda |
| Tengra | Mystus vittatus |
| Channel catfish – see entry for Catfish | |
| Chapila | Gudusia chapra |
| Char | All 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 orLargebaim orPatabaim | All species of the family Mastacembelidae |
| Freshwater bream – see entry for Carp | |
| Ghania – see entry for Carp | |
| Gulsha – see entry for Catfish | |
| Kakila | Xenentodon cancila |
| Kalibous – see entry for Carp | |
| Keski | Corica soborna |
| Keta salmon – see entry for Pacific salmon | |
| Khalisha | Colisa fasciatus |
| King salmon – see entry for Pacific salmon | |
| Koi | Anabas testudineus |
| Largebaim – see entry for Dry star baim or Largebaim orPatabaim | |
| Magur – see entry for Catfish | |
| Medium red salmon – see entry for Pacific salmon | |
| Meni | Nandus nandus |
| Mowrala – see entry for Carp | |
| Nile perch | Lates niloticus |
| Northern pike orPike | Esox lucius |
| Pabda – see entry for Catfish | |
| Pacific salmon | Oncorhynchus gorbuscha* |
| Pacific salmon | Oncorhynchus keta* |
| Pacific salmon | Oncorhynchus kisutch* |
| Pacific salmon | Oncorhynchus masou masou* |
| Pacific salmon | Oncorhynchus nerka* |
| Pacific salmon | Oncorhynchus tshawytscha* |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column 2: | |
| Cherry salmon | Oncorhynchus masou masou* |
| Chinook salmon or King salmon or Spring salmon | Oncorhynchus tshawytscha* |
| Chum salmon orKeta salmon | Oncorhynchus keta* |
| Coho salmon orMedium red salmon orSilver Salmon | Oncorhynchus kisutch* |
| Pink salmon | Oncorhynchus gorbuscha* |
| Red salmon orSockeye salmon | Oncorhynchus nerka* |
| Pacu | Piaractus mesopotamicus |
| Panga(s) – see entry for Basa orPanga(s) orPangasius orRiver cobbler orany of these together with the additional word ‘catfish’ | |
| Panga(s) catfish – see entry for Basa orPanga(s) orPangasius orRiver cobbler or any of these together with the additional word ‘catfish’ | |
| Pangasius – see entry for Basa orPanga(s) orPangasius orRiver cobbler orany of these together with the additional word ‘catfish’ | |
| Pangasius catfish – see entry for Basa orPanga(s) orPangasius orRiver cobbler orany of these with the additional word ‘catfish’ | |
| Patabaim – see entry for Dry star baim orLargebaim orPatabaim | |
| Pike–see entry for Northern pike orPike | |
| Pike-Perch orZander | Stizostedion lucioperca |
| Pink salmon – see entry for Pacific salmon | |
| Pollan – see entry for Arctic cisco or Pollan | |
| Punti – see entry for Carp | |
| Queen fish | Botia 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 orany 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 orRiver cobbler orany of these together with the additional word ‘catfish’ | |
| Ruhi – see entry for Carp | |
| Salmon – see entry for Atlantic salmon or Salmon | |
| Salmon trout orSea trout | Salmo trutta truttawhich has spent part of its life in sea water |
| Note also entry for Trout. | Salmo trutta truttawhich has spent part of its life in sea water |
| Sea trout – see entry for Salmon trout orSea Trout | |
| Shol | Channa striata |
| Silver salmon – see entry for Pacific salmon | |
| Snakehead | All 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 | |
| Taki | Channa punctata |
| Tambaqui – see entry for Cachama orTambaqui | |
| Tench – see entry for Carp | |
| Tengra – see entry for Catfish | |
| Tilapia | All species of Oreochromis |
| Tilapia | All species of Tilapia |
| Trout | Oncorhynchus clarki clarki |
| Trout | Oncorhynchus mykiss |
| Trout | Salmo truttawhich 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 Column2: | |
| Brown trout | Salmo trutta truttawhich has spent all of its life in fresh water |
| Cut-throat trout | Oncorhynchus clarki clarki |
| Rainbow trout or Steelhead trout | Oncorhynchus mykiss |
| Note also entry for Salmon trout orSea Trout | |
| Vendace | Coregonus albula |
| Zander – see entry for Pike – Perch orZander | |
| Shellfish | |
| Abalone or Ormer | All species of Haliotis |
| Amande clam orDog cockle | Glycymeris glycymeris |
| Ark clam orArkshell | All species of the family Arcidae |
| Arkshell – see entry for Ark clam or Arkshell | |
| Arrow squid | Nototodarus gouldi |
| Arrow squid | Nototodarus sloani |
| Atlantic scallop – see entry for Common Scallop orScallop | |
| Brown shrimp orShrimp | All species of Crangon |
| Note also entries for Pink shrimp orShrimp, Prawn orShrimp and Shrimp | All species of Crangon |
| Clam or Hard shell clam | Mercenaria mercenaria |
| Clam or Hard shell clam | Venus verrucosa |
| Clam or Razor clam or Razor shell | All species of Ensis and Solen |
| Cockle | All species of Cerastoderma |
| Common scallop orScallop | All species of the family Pectinidae |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column2: | |
| Atlantic scallop | Placopecten magellanicus |
| King scallop | Pecten maximus |
| Queen or Queen scallop | Chlamys (Aequipecten) opercularis |
| Crab | All species of the order Brachyura |
| Crab | All species of the family Lithodidae |
| Crawfish or Rock lobster orSpiny lobster | All species of Jasus |
| Crawfish or Rock lobster orSpiny lobster | All species of Palinurus |
| Crawfish or Rock lobster orSpiny lobster | All species of Panulirus |
| Crayfish | All species of the family Astacidae |
| Crayfish | All species of the family Austroastacidae |
| Crayfish | All species of the family Cambaridae |
| Crayfish | All species of the family Parastacidae |
| Cuttlefish | All species of Sepia |
| Cuttlefish | Rossia macrosoma |
| Dog cockle – see entry for Amande clam orDog cockle | |
| Dublin bay prawn orLangoustine or Norway lobster orScampi | Nephrops norvegicus |
| Gaper or Soft shell clam | All species of Mya |
| Geoduck or Geoduck clam | Panopea abrupta |
| Geoduck clam – see entry for Geoduck orGeoduck clam | |
| Grooved carpet shell orNative clam orPalourde | Ruditapes decussatus |
| Grooved carpet shell orNative clam orPalourde | Tapes decussatus |
| Grooved carpet shell orNative clam orPalourde | Venerupis decussa |
| Hard shell clam – see entry for Clam orHard shell clam | |
| Indian Ocean lobster orWhip lobster | Puerulus angulatus |
| Indian Ocean lobster orWhip lobster | Puerulus carinatus |
| Indian Ocean lobster orWhip lobster | Puerulus sewelli |
| Japanese carpet shell orManila clam | Ruditapes philippinarum |
| Japanese carpet shell orManila clam | Tapes philippinarum |
| King prawn | All 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 orScallop | |
| Langoustine – see entry for Dublin Bay prawn orLangoustine orNorway lobster or Scampi | |
| Lobster | All species of Homarus |
| Manila clam – see entry for Japanese carpet shell orManila clam | |
| Mantis shrimp | Squilla mantis |
| Mussel | All species of the family Mytilidae |
| Native clam – see entry for Grooved carpet shell orNative clam orPalourde | |
| Native oyster – see entry for Oyster | |
| Norway lobster – see entry for Dublin Bay prawn or Langoustine orNorway lobster orScampi | |
| Octopus | All species of Octopus |
| Ormer – see entry for Abalone orOrmer | |
| Otter shell clam | Lutraria lutraria |
| Oyster | All species of Crassostrea |
| Oyster | All species of Ostrea |
| The following commercial designations may also be used in relation to fish of the species listed against them in Column2: | |
| Native oyster | Ostrea edulis |
| Pacific oyster orRock oyster | Crassostrea gigas |
| Portuguese oyster | Crassostrea angulata |
| Pacific oyster – see entry for Oyster | |
| Pacific scampi | Metanephrops andamanicus |
| Pacific scampi | Metanephrops challengeri |
| Pacific scampi | Metanephrops thomsoni |
| Palourde – see entry for Grooved carpet shell or Native clam orPalourde | |
| Pink shrimp orShrimp | Pandalus montagui |
| Note also entries for Brown shrimp orShrimp, Prawn orShrimp and Shrimp | Pandalus montagui |
| Portuguese oyster – see entry for Oyster | |
| Prawn orShrimp | 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 — |
| Prawn orShrimp | all species of the family Aristaeidae |
| Prawn orShrimp | all species of the family Palaemonidae |
| Prawn orShrimp | all species of the family Pandalidae |
| Prawn orShrimp | all species of the family Penaeidae |
| Note also entries for Brown shrimp orShrimp, Pink shrimp orShrimp and Shrimp | |
| Queen – see entry for Common scallop or Scallop | |
| Queen scallop – see entry for Common scallop orScallop | |
| Razor clam – see entry for Clam or Razor clam orRazor shell | |
| Razor shell – see entry for Clam orRazor clam orRazor shell | |
| Rock lobster – see entry for Crawfish orRock lobster orSpiny lobster | |
| Rock oyster – see entry for Oyster | |
| Scallop – see entry for Common scallop orScallop | |
| Scampi – see entry for Dublin Bay prawn orLangoustine orNorway lobster orScampi | |
| Sea urchin | All 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 — |
| Shrimp | all species of the family Aristaeidae |
| Shrimp | all species of the family Palaemonidae |
| Shrimp | all species of the family Pandalidae |
| Shrimp | all species of the family Penaeidae |
| Note also entries for Brown Shrimp or Shrimp, Pink Shrimp or Shrimp and Prawn or Shrimp | |
| Slipper lobster | All species of the family Scyllaridae |
| Soft shell clam – see entry for Gaper or Soft shell clam | |
| Spiny lobster – see entry for Crawfish orRock lobster orSpiny lobster | |
| Squat lobster | All species of the family Galatheidae |
| Squid | All species of Illex |
| Squid | All species of Loligo |
| Squid | Ommastrephes sagittatus |
| Surf clam | All species of Spisula |
| Tiger prawn | Parapenaeopsis hardwickii |
| Tiger prawn | Parapenaeopsis sculptilis |
| Tiger prawn | Penaeus esculentus |
| Tiger prawn | Penaeus japonicus |
| Tiger prawn | Penaeus kerathurus |
| Tiger prawn | Penaeus monodon |
| Tiger prawn | Penaeus semisulcatus |
| Whelk | All species of Buccinum |
| Whip lobster – see entry for Indian Ocean lobster orWhip lobster | |
| Winkle | All species of Littorina |
Signed
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
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.
Footnotes
[^f00001]: 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.
[^f00002]: 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.
[^f00003]: 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).
[^f00004]: 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).
[^f00005]: 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).
[^f00006]: 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.
[^f00007]: Section 21 was amended by S.I. 2004/3279.
[^f00008]: Section 35(1) is amended by the Criminal Justice Act 2003 (2003 c. 44), Schedule 26, paragraph 42, from a date to be appointed.
[^f00009]: Section 35(3) was amended by S.I. 2004/3279.
[^f00010]: Section 36A was inserted by the Food Standards Act 1999 (1999 c. 28), Schedule 5, paragraph 16.
[^f00011]: S.I. 2003/1635 (W.177).
[^f00012]: S.I. 2006/1339 (W.131).
[^f00013]: OJ No. L212, 22.7.1989, p.79.
[^f00014]: OJ No. L165, 3.7.2003, p.17.
[^f00015]: OJ No. L348, 24.12.2008, p.76.
[^f00016]: OJ No. L.163, 17.6.1992, p.1.
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