Regulation 2 Interpretation
England and Wales
In these Regulations —
F1“Directive 2004/41” (“Cyfarwyddeb 2004/41”), “Regulation 2406/96” (“Rheoliad 2406/96”), “Regulation 852/2004” (“Rheoliad 852/2004”), “Regulation 853/2004” (“Rheoliad 853/2004”), “Regulation 1688/2005” (“Rheoliad 1688/2005”), “Regulation 2073/2005” (“Rheoliad 2073/2005”), “Regulation 2074/2005” (“Rheoliad 2074/2005”), “Regulation 2015/1375” (“Rheoliad 2015/1375”), “Regulation 2017/185” (“Rheoliad 2017/185”), “Regulation 2017/625” (“Rheoliad 2017/625”), “Regulation 2019/624” (“Rheoliad 2019/624”) and “Regulation 2019/627” (“Rheoliad 2019/627”) have the meanings respectively given to them in the Schedule;
“establishment” (“sefydliad”) has the meaning given to it in paragraph 1(c) of Article 2 of Regulation 852/2004;
“first placing on the market” (“rhoi gyntaf ar y farchnad”) has the meaning that it bears in F2Regulation 2017/625;
“first sale in a fish market” (“gwerthu gyntaf mewn marchnad bysgod”) is construed in accordance with the phrase “first sale in fish market” in F3Regulation 2017/625;
“fishery products” (“cynhyrchion pysgodfeydd”) has the meaning given to it in point 3.1 of Annex I to Regulation 853/2004;
“food authority” (“awdurdod bwyd”) has the meaning that it bears by virtue of section 5(1A) of the Food Safety Act 1990 M1;
“imported” (“a fewnforir”) means introduced into Wales other than from another part of the British Islands;
F4“official controls” (“rheolaethau swyddogol”) has the meaning given to it in Article 2(1) of Regulation 2017/625;
“processing” (“prosesu”) has the meaning that it bears in F5Regulation 2017/625;
“processing establishment” (“sefydliad prosesu”) means an establishment at which processing occurs;
“relevant fishery products” (“cynhyrchion pysgodfeydd perthnasol”) means fishery products which —
- (a)
were caught in their natural environment;
- (b)
are imported by a fishing vessel flying the flag of a third country;
- (c)
have not been on land prior to being imported; and
- (d)
are intended for placing on the market for human consumption,
other than relevant landed fishery products and third country imports;
- (a)
“relevant food authority” (“awdurdod bwyd perthnasol”) 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” (“cynhyrchion pysgodfeydd sy'n cael eu glanio ac sy'n berthnasol”) means fishery products which —
- (a)
are landed in Wales;
- (b)
have not been on land previously; and
- (c)
are intended for placing on the market for human consumption,
other than relevant fishery products and third country imports;
- (a)
“specified pelagic fish” (“pysgod eigionol penodedig”) means —
- (a)
herring of the species Clupea harengus;
- (b)
sardines of the species Sardinia pilchardus;
- (c)
mackerel of the species Scomber scombrus or Scomber japonicus;
- (d)
horse mackerel (Trachurus spp.);
- (e)
anchovies (Engraulis spp.);
- (f)
picarels of the species Maena smaris; and
- (g)
sprat of the species Sprattus sprattus;
- (a)
F6“third country” (“trydedd wlad”), except in the expression “third country import” means any country or territory other than the British Islands;
“third country import” (“mewnforyn trydedd wlad”) means an import in respect of which F7a charge set out in Annex 4 to Regulation 2017/625 is payable; and
“vendor” (“gwerthwr”) means —
- (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 another person on behalf of the owner or master of a vessel, that other person; and
- (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.
- (a)
Where any functions under the Food Safety Act 1990 are assigned —
by an order under section 6 of the Public Health Act 1936 M3, to a joint board for a united district,
any reference in these Regulations to a food authority is construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
In these Regulations, any reference to an EU instrument defined in the Schedule is a reference to that instrument as amended from time to time.
Annotations
Textual amendments
- F1
Words in reg. 2(1) substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1481), regs. 1(2), 3(a)(i)
- F2
Words in reg. 2(1) substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1481), regs. 1(2), 3(a)(ii)
- F3
Words in reg. 2(1) substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1481), regs. 1(2), 3(a)(iii)
- F4
Words in reg. 2(1) substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1481), regs. 1(2), 3(a)(iv)
- F5
Words in reg. 2(1) substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1481), regs. 1(2), 3(a)(v)
- F6
Words in reg. 2(1) substituted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(3), 7(2)
- F7
Words in reg. 2(1) substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1481), regs. 1(2), 3(a)(vi)
- F8
Words in reg. 2(2)(a) omitted (26.7.2018) by virtue of The Food and Feed (Miscellaneous Amendments and Revocations) (Wales) Regulations 2018 (S.I. 2018/806), regs. 1(3), 14(2)(b)
- F9
Reg. 2(3) inserted (14.12.2019) by The Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1481), regs. 1(2), 3(b)
Marginal citations
- M1
1990 c. 16; section 5 was amended by paragraphs 8 and 9 of Schedule 5 to the Food Standards Act 1999 (c. 28).
- M2
1984 c. 22; section 7(3)(d) was substituted by paragraph 27 of Schedule 3 to the Food Safety Act 1990 (1990 c. 16).
- M3
1936 c. 49; section 6 is to be read with paragraph 1 of Schedule 3 to the Food Safety Act 1990.