Regulation 2 Interpretation

In these Regulations —

• “Directive 2004/41”, “Regulation 178/2002”, “Regulation 1642/2003”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005”, “Regulation 2076/2005” and “Regulation 776/2006” have the meanings respectively given to them in the Schedule;

• “EEA State” means a member State, Norway, Iceland or Liechtenstein;

• “establishment” has the meaning given to it in paragraph 1(c) of Article 2 of Regulation 852/2004;

• “first placing on the market” has the meaning that it bears in Regulation 882/2004;

• “first sale in a fish market” shall be construed in accordance with the phrase “first sale in fish market” in Regulation 882/2004;

• “fishery products” has the meaning given to it in point 3.1 of Annex I to Regulation 853/2004;

• “food authority” has the meaning that it bears by virtue of section 5(1) of the Food Safety Act 1990^f1, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of that Act (which deals with the Inner Temple and Middle Temple);

• “imported” means introduced into England other than from another part of the British Islands;

• “official controls” shall be construed in accordance with the definition of the term “official control” in paragraph 1 of Article 2 of Regulation 882/2004;

• “processing” has the meaning given to it in paragraph 1(m) of Article 2 of Regulation 852/2004;

• “processing establishment” means an establishment at which processing occurs;

• “relevant fishery products” means fishery products which —

  1. (a)

     were caught in their natural environment;

  2. (b)

     are imported by a fishing vessel flying the flag of a third country;

  3. (c)

     have not been on land prior to being imported; and

  4. (d)

     are intended for placing on the market for human consumption,

  other than relevant landed fishery products and third country imports;

• “relevant food authority” means the food authority in whose area circumstances giving rise to an obligation under these Regulations to pay a charge to that authority arise;

• “relevant landed fishery products” means fishery products which —

  1. (a)

     are landed in England;

  2. (b)

     have not been on land previously; and

  3. (c)

     are intended for placing on the market for human consumption,

  other than relevant fishery products and third country imports;

• “specified pelagic fish” means —

  1. (a)

     herring of the species Clupea harengus;

  2. (b)

     sardines of the species Sardinia pilchardus;

  3. (c)

     mackerel of the species Scomber scombrus or Scomber japonicus;

  4. (d)

     horse mackerel;

  5. (e)

     anchovies; and

  6. (f)

     picarels of the species Maena smaris;

• “third country”, except in the expression “third country import”, means any country or territory, other than Greenland, which does not comprise the whole or part of an EEA State;

• “third country import” means an import in respect of which a charge is payable under regulation 54 of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006^f2; and

• “vendor” means —

  1. (a)

     where a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products is effected by an agent on behalf of the owner or master of a vessel, that agent; and

  2. (b)

     where there is a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products in any other circumstances, the owner or master of the vessel from which they are landed.

Where any functions under the Food Safety Act 1990 are assigned —