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Fish Labelling Regulations 2004, and Subject to Section 41(7) of Theac! Shall Come Into Operation on the 1'T February 2005

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Fish Labelling Regulations 2004, and Subject to Section 41(7) of Theac! Shall Come Into Operation on the 1'T February 2005 Statutory Document N o. 9 18 / 0 4 THE FOOD ACT T996 THE F'ISH LABELLING REGULATIONS 2OO4 Approved by Tynwald Igth January 2005 Comìng into operation I't February 2005 In exercise of the powers conferred on the Department of Local Government and the Environment by sãctions 4(3), 17(1X e),2l,aid 4l(3), of the Food Act 19961 and of all oürer enabling powers and after consulthg such organisations as appear to it to be representative of interests likely to be substantially affected thereby, the following Regulations are hereby made:- l. Citation and commencement These Regulations may be cited as the Fish Labelling Regulations 2004, and subject to section 41(7) of theAc! shall come into operation on the 1't February 2005 , Interpretation In these Regulations - "the Act" means the Food Act1996; "Department" means the Departrnent of Local Government and the Environment; "Regulation 104/2000" means Còuncil Regulation (EC) No. 104120002 on the common organisation of the markets in fishery and aquaculture products; "Regulation 20651200I" means Commission Regulation @C) No. .2065/200f hying down detailed rules for the application of Council Regulation (EC) No. 104/2000 as regards infonning consumers about fishery and aquaculture products; a:rd any expressions used in these Regulations and in Regulation 10412000 or Regulation 2065/200I have the same meaning as in those Regulations. t 1996 c.8 oJ No. Ll7, 2l.l.2ooo, p. 22 t' oJ No. L278,23.10.2001, p. 6, Price: f,1.60 Code: A 1 3. Offences relating to consumer information Any person (a) who, in contuavention of Article 4.1 of Regulation104/2000 (consumer information) as read with Regulation206512001, offers for retail sale to the final consumer any of the products to which that Article applies, or. (b) who fails to comply with Article 8 of Regulation2065l2001 (traceability and control) shall be guiþ of an offence and liable on sunmary conviction to a fine not exceeding f5000 or imFrisonment for a term not exceeding 6 months or to both. 4. Lists of commercial designations (1) The list of commercial designations required 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 20044. (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 10412000 having effect in another Member State (includihg the UK), the commercial designation for that species in the list having effect in that other Member State shall be an alternative to the.commercial designation for that species set out in the Schedule to these Regulations. 5. Omission of reference to the production method In the case described in A¡ticle 4.2 of Regulation2065/2001 (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 product to which that Article applies without the product being marked or labelled with the production method. 6. Small quantities of products (1) For the purposes of Article 4(1) of Regulation1,0412000 as read with Article 7 of Regulatton2065/2001, the small quantity of produots which may be sold directly to consumers shall be products to a value not exceeding 20 Euro for each purchase. (2) For the pu{poses of this regulation, the referenceto 20 Euro shall be taken to be a referènce 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 onthat da¡ the first rate published in it thereafter. 4st +¡¡l04 2 7, Aciditional information relating to the catch area The indication of catch area required by Article a(i)(c) of Regulation 104/2000 may where the circumstances described in Article 5(1)(c) of Regulation20651200l apply, indicate the various Member States or third countries in which the product was farmed. 8. Provisional commercial designations (1) For the purposes of Article 2 of Regulation2065l2001 þrovisional commercial designations), the Deparhnent shall be the competent authority' (2) The Department shall draw up and publish a list of provisional commercial designations laid down pursuant to the said Afücle 2' 9, Enforcement The DeparLment shall execute and enforce these Regulations 10. Application of various provisions of the Act The following provisions of the Act shall apply for the pufposes of these Regulations with the modifieation 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 Regulation10412000 and Regulation206512001 to which these Regulations relate - (a) section 3 (presumptions that food is intended for human consumption); (b) section 2a(l (which relates to documentary evidence); (c) section 26 of the Act (powers of entry); (d) section 27(1) (obstruction etc ofofficers); (e) section 27(\ wnhthe modification that the reference to "any such requirement as is mentioned in subsection (lxb)" shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (d) above; (Ð section 29(1) (punishment of offences) insofar as it relates to offences under section 27(I) as applied by sub-paragraph (d) above; (g) section 29(2) and (3) insofar as it relates to offences under section2T(2) as applied by sub-paragraph (e) above; (h) section 30 (offences by bodies corporate); (Ð section 31 (offences due to fault ofanother person); û) section 32 (defence of due diligence) as it applies for the purposes of section 6, 15 or 16. a J Regulation 4 SCIIEDIILE C OMMERCIAL DESIGNATIONS (1) Subject to sub-paragraphs (2) and (3) of this paragraph, the commercial designation for any species of fish specified in column 2 of fhe 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 naÍre specified for that species in column 1 of the said Table preceded by the word "smokedt', or O) except in the case of Salmo salar 5,.), "smoked Pacific salmon". common marketing standards for preserved tuna and bonito. Column I Column 2 Co mmercìal desìsnation Specìes offish Sea Fish Anchow All species of the family Ensraulidae Barracuda All species of Sphyraena Barramundi Lates calcarifer Bass or Sea bass D i c entr ar c hus labr m 9,.) Japanese sea bass Lateolabræ iaponicus Spotted sea bass Di centr ar c hus punct atus Southem rock bass Paralabrm callaensis Biseye All species of Priacanthus Bluefish or Tatlor Pomatomus saltatrix Bogue Boops boops Bonito A1l species of Sarda All species of Euthynnus, with the exception of Euthynnus (Katsmtonus) pelamis All species of Awis Brill Scop hthalmus rhombus (L.) Brisling Sprattus sprattus I L.) when canned Catfish or Rockfish or Wolffish All species of Anarhìchas Cobia Rachycentron canadum Codor Codline Gadus morhua Pacific cod or Cod Gadus macrocephalus Greenland cod or Cod Gaún ogac Saffron cod Eleginus gracilis Red cod Pseudophycis bachus Blue cod Pørapercis colias Coley or Saithe or Coalfish Pollachius virens (L.\ 5 oI No. L 272, 22.7 89, p.79 u oJ No. L t63, 17.6 92,p. l. 4 Conger Atl of Croaker orDntm or Jewfish All of the Sciaenidae Dab Limanda limanda Q'.) Yellowtail dab Limanda Pacific sand dab Citharichtl sordidus Dogfuh or Flake or Huss or Rigg or All species of Galeorhinus Rock Salnon or Rock Eel All species of Mustelus All species of Scyliorhinus Galeus melastomus Squqlus acanthias G'.) Dory or John Dory o¡ St Peter's fish Zeus Eel All of Emperor All of Lethrinus Escolar or Snake Mackerel All of the Flounder Flvine fish All species of the farnilY Exocoetidae Greenling Grouper All species of Mycteroperca Al1 species of Epinephelus Gumard All species of farnrly Triglidae Peristedion Haddock Melano grømmus aeglefinur (L') Hake All species of Merlucciw the be used Cape hake Merluccius capensis Merluccius paradoxus rühite hake tenuis Halibut Hipp o gl o s s t u hippo g l o s s us (L.) Hipp o glo s s ns st enol ep is Black halibut or Mock halibut Reinhardtius Herring Hilsa Tenualosa ilisha Hoki Macruronus novaezelandiqe Chileanhoki Macruronus Jack or Scad or Horse Mackerel or All species of Caranx Trevally All species of Hemicarara All species of Seriola All species of Tracharus Atl of Kineklip Ladyfish All of the Ling All of Lumpfish or Lumpsucker ;yclc, Mackerel All of Scomber King Mackerel or Kingfish cqvalla MahiMahi Marlin All species of Makqira Megrim Alt of llill¡fiqh Chanos chanos Monk(fish) or Angler(fi sh) Lophius piscatorius Lophius americanus Cape monk(fish) or Cape Lophius vomerinus angler(fish) 5 mullet All species of Mullus Goatfish All other species of the family Mullidae Greymullet All species of Mugil All species of Liza All species of Chelon or Moonfish All species of Lampris Orange roughy Hop lo s tethus atl anticus Panotfish All species of the family Scaridae Picarel
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