FSA Consultation Letter, 9 July 2009

LABELLING - Fish Labelling (England) Regulations 2009

The Food Standards Agency (FSA) seeks the views of fish businesses and other stakeholders on the draft Fish Labelling (England) Regulations 2009, and in particular the schedule that adds new commercial designations and gives extra labelling options for other species already on the list.

All comments and views are requested by: 1 October 2009

Consultation details

The new regulations are intended to update and consolidate the current Fish Labelling (England) Regulations 2003 and the Fish Labelling (Amendment) (England) Regulations 2006, which would consequently be revoked.

Introduction

This consultation is on the proposed Fish Labelling (England) Regulations 2009. This is intended to update and consolidate the Fish Labelling (England) Regulations 2003 and the Fish Labelling (Amendment) (England) Regulations 2006, both of which it revokes, and includes a schedule with updated commercial designations for fish. Consultations are also taking place on similar regulations in Scotland, Wales and Northern Ireland.

Proposals

The key proposal is:

• to introduce the proposed Fish Labelling (England) Regulations 2009 and the annexed Commercial Designations Schedule

Consultation Process

This consultation is intended to obtain information from stakeholders on whether the new names and amendments proposed in the Commercial Designations Schedule are suitable and whether the changes will help fish businesses, consumers and enforcement agencies.

Below are some specific questions to which we would welcome responses. Some questions are aimed at all consultees, others at specific types of consultee only.

Specific questions asked in this consultation:

Fish Labelling (England) Regulations 2009

• (all) Are you content with the wording of the draft Fish Labelling (England) Regulations 2009? If not, what amendments would you like to see made and why?
• (all) In the Schedule of Commercial Designations, are you content that Scomberomorus commerson, Scomberomorus maculatus and Scomberomorus regalis be designated as Kingfish as well as Spanish Mackerel; and that Acanthocybium Solandri is designated as Kingfish as well as Wahoo?
• (all) In the Schedule, the family Hemiramphidae is given the designation 'Halfbeak'. Are you content with this, or do you think they should also be allowed the new designation 'Needlefish', and if so why?
• (all) Are there any other additions, amendments or deletions you would like to see made to the Schedule. If so, what changes would you like to be made and why?
• (all) In the Schedule, for ease of reference, we have amended the way in which the designations are presented, so as to list the fish alphabetically by their first name rather than to group them by family as was done in the current 2003 Regulations. This has been done to make it easier to find the designated names. Are you content with this approach? If not, why not? Would you prefer a different approach and if so, please explain why.

Impact Assessment

• (fish businesses and trade associations) Will there be any one-off costs for your business or those that you represent as a result of the new regulations? If so, how much? Will there be costs from changing labelling or new labels and if so, could you please quantify them?
• (fish businesses and trade associations) Will the new regulations result in ongoing costs or benefits to your business or the businesses you represent? If so, could you please quantify them?
• (fish businesses and trade associations) Will there be any other effects of the new regulations for your business or those that you represent? If so, could you please quantify them?
• (fish businesses and trade associations) Are you content that there should be no transitional period for the introduction of the regulations, which are due to come into effect in December 2009? If not, please explain what difficulties may arise from the lack of a transitional period.
• (enforcement agencies) What costs or benefits will you incur as a result of the new regulations? Please quantify these costs or benefits if you can.
• (consumers and consumer groups) Will there be any benefits or disadvantages to you or the people you represent as a result of the new regulations? Please provide details.
• (small businesses and their representative organisations) To what extent will you or the businesses you represent be affected by the new regulations? Please provide details of benefits and costs if you can.
• (minority ethnic businesses and their representative organisations) To what extent will you or the businesses you represent be affected by the new regulations? Please provide details of benefits and costs if you can.
• (all businesses) Will the new regulations have any effect on competition between you and other businesses? If so, please specify.
• (all businesses) Do you agree that it is better for simplification purposes to have new regulations rather than further amendment regulations?

Other relevant documents

You may wish to refer to:

• Commission Regulations (EC) 104/2000
• Commission Regulations (EC) 2065/2001
• Fish Labelling (England) Regulations 2003
• Fish Labelling (Amendment) (England) Regulations 2006

Responses

The deadline for responses is 1 October 2009. Please state in your response whether you are responding as a private individual or on behalf of an organisation/company (including details of any stakeholders your organisation represents).

A copy of the consultation document is available on this site. See: Fish Labelling Consultation Document