Statutory Instrument 1994 No. 2127

The Preserved Tuna and Bonito (Marketing Standards) Regulations 1994

---

© Crown Copyright 1994

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Preserved Tuna and Bonito (Marketing Standards) Regulations 1994, ISBN 0110451279. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1994 No. 2127

AGRICULTURE

The Preserved Tuna and Bonito (Marketing Standards) Regulations 1994

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 17(2), 26 and 48(1) of the Food Safety Act 1990^[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Title and commencement
    1.    These Regulations may be cited as the Preserved Tuna and Bonito (Marketing Standards) Regulations 1994 and shall come into force on 2nd September 1994.

Interpretation
    2.—(1)  In these Regulations—

"the Act" means the Food Safety Act 1990;


"the Council Regulation" means Council Regulation (EEC) No. 1536/92 laying down common marketing standards for preserved tuna and bonito^[2];


"food authority" means—
 (a) in England, for each non-metropolitan county, metropolitan district and London Borough, the council of that county, district or borough, and for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;
 (b) in Wales, the district or borough council; and
 (c) in Scotland, an islands or district council,
and in relation to England and Wales, includes a port health authority;


"specified Community provision" means a provision of the Council Regulation specified in column 1 of the Schedule to these Regulations, the subject matter of which is described in column 2 thereof.

    (2)  Other expressions used in these Regulations have, insofar as the context admits, the same meaning as in the Council Regulation.

Enforcement
    3.    Each food authority is hereby designated an enforcement authority for the purposes of the Council Regulation and shall secure the enforcement and execution of the specified Community provisions within its area.

Offences and penalties
    4.—(1)  Subject to paragraph (2) below, any person who contravenes or fails to comply with a specified Community provision shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (2)  Paragraph (1) above shall not apply in any case to which Article 5(3), 9(2) or (3) (which contain derogations and transitional provisions) of the Council Regulation applies.

Application of various sections of the Act
    5.    The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations—
section 2 (extended meaning of ‘sale’ etc);


section 3 (presumption that food intended for human consumption);


section 20 (offences due to fault of another person);


section 21 (defence of due diligence);


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


section 33 (obstruction etc of officers);


section 36 (offences by bodies corporate); and


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

Amendment of Food Labelling Regulations
    6.    Paragraph 1 of Schedule 1 (names prescribed by law) to the Food Labelling Regulations 1984^[3] and paragraph 1 of Schedule 1 (names prescribed by law) to the Food Labelling (Scotland) Regulations 1984^[4] shall, respectively, be amended as follows—
 (a) in sub-paragraph (1) for the words "sub-paragraph (2)" there shall be substituted the words "sub-paragraphs (2) and (4)";
 (b) after sub-paragraph (3)^[5] there shall be inserted the following sub-paragraph—
"  (4)  Sub-paragraph (1) of this paragraph, as read with the following Table, shall not apply to fish regulated by Council Regulation (EEC) No. 1536/92." .

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

William Waldegrave

Minister of Agriculture, Fisheries and Food

25th July 1994.
Signed by authority of the Secretary of State for Health

Cumberlege

Parliamentary Under Secretary of State, Department of Health

21st July 1994
Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

5th August 1994

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

19th July 1994

[1] 1990 c. 16; section 4(1) contains a definition of "the Ministers" for the purposes of section 17(2). back

[2] OJ No. L163, 17.6.92, p. 1. back

[3] S.I. 1984/1305, to which there are amendments not relevant to these Regulations. back

[4] S.I. 1984/1519, to which there are amendments not relevant to these Regulations. back

[5] Sub-paragraph (3) was inserted by regulation 9 of the Food Safety (Amendment) (Metrication) Regulations 1992 (S.I. 1992/2597). back

Explanatory Note