PART IINTRODUCTORY

Title, extent and commencement

1. These Regulations may be cited as the Fish Health Regulations 1992, shall apply to Great Britain and shall come into force on 1 January 1993.

Interpretation

2.-(1) In these Regulations, unless the context otherwise requires-

"approved farm" means a farm complying, as the case may be, with the requirements of Annex CI, II or III of Directive 91/67/EEC and approved as such in accordance with Article 6 of that Directive;

"approved storage centre" means a storage centre or purification centre approved by the Minister as meeting the requirements set out in Schedule 5 Part II;

"approved water station" means a water station approved by the Minister as meeting the requirements set out in Schedule 5 Part I;

"approved zone" means a zone complying, as the case may be, with the provisions of Annex BI, II or III of Directive 91/67/EEC and approved as such in accordance with Article 5 of that Directive;

"aquaculture animals" means live fish, crustaceans or molluscs coming from a farm, including those from the wild intended for a farm;

"aquaculture products" means products derived from aquaculture animals, whether intended for farming, such as eggs and gametes, or for human consumption;

"dead fish" includes any part of a dead fish;

"Directive 91/67/EEC" means Council Directive of 28th January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(3) as read with the decisions made under that Directive referred to in Schedule 7;

"eggs" means fertilized ova, including eyed ova and any associated fluid, of fish, crustaceans or molluscs;

"European Inspector" means a Commission veterinary expert acting with regard to Directive 91/67/EEC;

"farm" means any establishment or, in general, any geographically defined installation in which aquaculture animals are reared or kept with a view to their being placed on the market;

"farmed" in relation to a fish, crustacean or mollusc means a fish, crustacean or mollusc at or from a farm;

"fish, crustaceans or molluscs" means any fish, crustacean or mollusc at any stage of development;

"Form A" means a movement document for live fish, eggs and gametes from an approved zone in the form set out in Directive 91/67/EEC;

"Form B" means a movement document for live fish, eggs or gametes from an approved farm in the form set out in Directive 91/67/EEC;

"Form C" means a movement document for molluscs from an approved coastal zone in the form set out in Directive 91/67/EEC;

"Form D" means a movement document for molluscs from an approved farm in the form set out in Directive 91/67/EEC;

"Form E" means a movement document for live farmed fish, molluscs and crustaceans, their eggs and gametes referred to in Article 14 paragraph 1 of Directive 91/67/EEC in the form set out in Directive 91/67/EEC;

"Form F" means a movement document for live wild fish, molluscs or crustaceans, their eggs or gametes referred to in Article 14 paragraph 2 of Directive 91/67/EEC in the form set out in Directive 91/67/EEC;

"gametes" means sperm or unfertilized ova and any associated fluid of fish, crustaceans or molluscs;

"Great Britain" includes the territorial waters of the United Kingdom adjacent to Great Britain;

"health inspection" means a visit by an official service or services for the purpose of conducting health checks on a farm or zone;

"the Minister" means-

"movement document" means a document duly completed in the form set out in Directive 91/67/EEC and shall include Form A, Form B, Form C, Form D, Form E and Form F;

"Official Service" means the veterinary service or any other service of equivalent level designated by the competent authority of a Member State or third country and responsible f or carrying out the controls provided for in Directive 91/67/EEC;

"placing on the market" means holding or displaying for sale, offering for sale, selling, delivering, transferring or any other form of placing on the market in the Community, with the exception of retail sale and `place on the market' shall be construed accordingly;

"premises" includes any place, farm, installation in which aquaculture animals are kept, vehicle, ship, vessel, boat, craft, hovercraft or aircraft;

"veterinary inspector" means a person appointed by the Minister for the purposes of these Regulations;

"wild" in relation to a fish, crustacean or mollusc means any fish, crustacean or mollusc which is not a farmed fish, crustacean or mollusc.

(2) Except in regulation 14 of these Regulations, any reference in these Regulations to a numbered regulation or a numbered Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.

PART IIGENERAL

Placing on the market of aquaculture animals and aquaculture products

3.-(1) No person shall place on the market-

(a)aquaculture animals unless they meet the requirements set out in paragraph (2) below;

(b)aquaculture products for breeding purposes unless they originate from aquaculture animals which meet the requirements set out in paragraph (2) below; or

(c)aquaculture products for human consumption unless they originate from aquaculture animals which meet the requirements set out in sub-paragraph (2)(a) below.

(2) The requirements for aquaculture animals referred to in paragraph (1) above are-

(a)where placing on the market involves the loading of aquaculture animals, they shall not show clinical signs of disease on the day of loading;

(b)they shall not be intended for destruction or slaughter under a scheme for the eradication of a disease referred to in Annex A of Directive 91/67;

(c)they shall not come from a farm which is subject to a prohibition which has been imposed for aquaculture animal health reasons; and

(d)they shall not have been in contact with aquaculture animals from a farm which is subject to a prohibition which has been imposed for aquaculture animal health reasons.

Transportation of aquaculture animals

4.-(1) No person shall transport aquaculture animals unless the requirements set out in paragraph (2) below are met.

(2) The requirements referred to in paragraph (1) above are-

(a)the duration of the journey shall be as short as reasonably possible;

(b)the means of transport shall have been cleaned and disinfected prior to despatch;

(c)if the aquaculture animals are transported overland in water, they shall be transported in such a manner that the water can not escape from the vehicle during transport;

(d)all reasonable steps shall be taken to safeguard the health of the aquaculture animals, including, if appropriate, changing the water in which they are transported; and

(e)water used in the transport of the aquaculture animals shall only be changed at an approved water station.

Identification of aquaculture animals and aquaculture products

5.-(1) No person shall despatch aquaculture animals or aquaculture products unless information is provided in accordance with paragraph (2) below which-

(a)identifies the consignment;

(b)enables the farm of origin or, in the case of aquaculture animals or aquaculture products from the wild, the place of origin to be traced; and

(c)enables the contents of the consignment to be linked to the movement document relating to the consignment, where a movement document is required by these Regulations.

(2) The information referred to in paragraph (1) above shall be provided on the container for the consignment, on a label fixed to the container or on the movement document.

PART IIIMOVEMENT WITHIN THE EUROPEAN ECONOMIC COMMUNITY

Validity of movement documents

6.-(1) A movement document is not valid unless-

(a)it is drawn up at the place of origin of the aquaculture animals or aquaculture products to which it relates by the Official Service of the Member State in which the place of origin is situated;

(b)it is in the official language or languages of the place of destination of the aquaculture animals or aquaculture products to which it relates;

(c)it is drawn up on a single sheet of paper; and

(d)it is made out for a single consignee.

(2) A movement document is not valid when-

(a)it is drawn up more than 48 hours before the aquaculture animals or aquaculture products to which it relates are loaded for despatch;

(b)the movement to which it relates has not been completed within 10 days of its issue; or

(c)it is used in relation to aquaculture animals and aquaculture products other than those in respect of which it was issued.

Introduction of live fish, eggs and gametes

7.-(1) Any reference in this regulation to a numbered column shall be construed as a reference to the column so numbered in Schedule 2.

(2) No person shall introduce into a zone specified in column (2) from elsewhere in the European Economic Community, or subsequently move within that zone, any live fish, eggs or gametes specified in column (3) opposite the reference to such zone unless they are accompanied by valid movement documents in the form specified in column (4) opposite the reference to such zone and such live fish, eggs or gametes confirming that-

(a)they come from an area free from the disease specified in column (5) opposite the reference to such movement document; or

(b)where a movement document does not require that they come from an area free from such disease, they fulfil the conditions set out in that movement document.

Introduction of dead fish

8.-(1) Any reference in this regulation to a numbered column shall be construed as a reference to the column so numbered in Schedule 3.

(2) No person shall introduce into a zone specified in column (2) from elsewhere in the European Economic Community dead fish specified in column (3) opposite the reference to such zone unless they comply with the conditions specified in column (4) opposite the reference to such zone and such dead fish.

Introduction of live molluscs, eggs and gametes

9.-(1) Any reference in this regulation to a numbered column shall be construed as a reference to the column so numbered in Schedule 4.

(2) Subject to paragraph (5) below, no person shall introduce into a zone specified in column (2) from elsewhere in the European Economic Community, or subsequently move within that zone, any live molluscs, eggs or gametes specified in column (3) opposite the reference to such zone with the intention of relaying them unless they are accompanied by valid movement documents in the form specified in column (4) opposite the reference to such zone and such live molluscs, eggs or gametes, confirming that-

(a)they come from an area free from the disease specified in column (5) opposite the reference to such movement document; or

(b)where a movement document does not require that they come from an area free from such disease, they fulfil the conditions set out in that movement document.

(3) Subject to paragraph (5) below, no person shall relay in a zone specified in column (2) any live molluscs, eggs or gametes specified in column (3) opposite the reference to such zone from outside that zone unless they are accompanied by valid movement documents in the form specified in column (4) opposite the reference to such zone and such live molluscs, eggs or gametes, confirming that-

(a)they come from an area free from the disease specified in column (5) opposite the reference to such movement document; or

(b)where a movement document does not require that they come from an area free from such disease, they fulfil the conditions set out in that movement document.

(4) Subject to paragraph (5) below, no person shall relay any live molluscs, eggs or gametes from an area referred to in Schedule 6-

(a)in another area referred to in Schedule 6; or

(b)outside the areas referred to in Schedule 6;

unless they have been authorised to do so in writing by the Minister.

(5) Paragraphs (2), (3) and (4) above shall not apply to the relaying of live molluscs, eggs or gametes when they are relaid in an approved storage centre and not subsequently relaid elsewhere than another approved storage centre.

(6) For the purposes of this regulation-

"coastal zone" means any waters lying below the high water mark of the ordinary spring tides and any land adjacent to such waters;

"relaying" in relation to molluscs means the deposit or immersion of molluscs in a coastal zone and "relaid" and "relay" shall be construed accordingly.

Export to other parts of the European Economic Community of aquaculture animals and aquaculture products from Great Britain

10. No person shall export to other parts of the European Economic Community any aquaculture animal or aquaculture product from Great Britain unless it complies with the relevant provisions of Directive 91/67/EEC (including any option permitted by that Directive which has been exercised in relation to its destination) and is accompanied by any documents required under Directive 91/67/EEC.

PART IVDISEASE AND POWERS

Notification of disease

11.-(1) Without prejudice to any obligations under section 4(5) and section 4A(5) of the Diseases of Fish Act 1937(4), any person who-

(a)knows of any abnormal death or other symptom amongst fish or molluscs which might constitute grounds for suspecting the presence of a disease listed in Schedule 1; or

(b)has any reason for suspecting the presence amongst fish or molluscs of a disease listed in Schedule 1;

shall notify the Minister as quickly as possible.

(2) Any person who has in his possession or under his charge an infected item, or an item which he suspects is an infected item, shall detain it until-

(a)it has been examined by a veterinary inspector; or

(b)a veterinary inspector has instructed him to dispose of it.

(3) A veterinary inspector shall have powers to take such samples of or from fish or molluscs as may be necessary to establish whether a disease listed in Schedule 1 is present amongst fish or molluscs.

(4) For the purposes of this regulation-

"infected item" means a fish or mollusc or the carcase or part of the carcase of the same which is infected with a disease listed in Schedule 1.

Powers-diseases of fish

12. If the result of a test for the presence of a disease of fish listed in Schedule 1 is positive, the Minister may, by notice in writing served on the person appearing to have charge of any fish, facilities or equipment-

(a)require the slaughter of all fish in infected farms;

(b)require the destruction of all infected or contaminated fish; and

(c)require the disinfection of facilities and equipment.

Powers-diseases of molluscs

13.-(1) If a veterinary inspector has reasonable grounds for suspecting amongst molluscs the presence of a disease listed in Schedule 1 he may-

(a)by notice in writing served on the person appearing to have charge of any molluscs kept on such premises as are specified in the notice, prohibit the movement of any molluscs on to or off such premises, except under the written authority of the Minister; or

(b)by notice in writing served on any person appearing to him to be appropriate, prohibit the taking of any molluscs from any area as is specified in the notice except under the written authority of the Minister.

(2) A notice served under paragraph (1) above shall remain in force until withdrawn by a further notice in writing served by a veterinary inspector on the person on whom the initial notice was served.

(3) If the result of a test for the presence of a disease of molluscs listed in Schedule 1 is positive, the Minister may, by notice in writing served on the person appearing to have charge of any molluscs, facilities or equipment-

(a)require the destruction of all infected or contaminated molluscs; and

(b)require the disinfection of facilities and equipment.

Powers of veterinary inspector

14.-(1) Subject to regulation 9 of the Animals and Animal Products (Import and Export) Regulations 1992(5) and regulation 7 of the Products of Animal Origin (Import and Export) Regulations 1992(6) a veterinary inspector shall have the powers set out in this regulation.

(2) A veterinary inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations.

(3) A veterinary inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may-

(a)carry out inspections of any premises;

(b)take samples of or from aquaculture animals or aquaculture products;

(c)examine relevant documentary or data processing material.

(4) A veterinary inspector shall have powers to make such inspections and take such samples as may be necessary to carry out the health inspections, sampling plans and diagnostic methods established by Directive 91/67/EEC.

(5) A veterinary inspector entering any premises under these Regulations may take with him such persons, equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under these Regulations.

Failure to comply with a notice

15. If any person fails to comply with the requirements of a notice served under these Regulations then, without prejudice to any proceedings consequent upon such failure, a veterinary inspector may enter on any premises to which such notice relates and take or cause to be taken such steps as appear to the veterinary inspector to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out, and all reasonable costs of taking such steps shall be recoverable by the Minister from the person on whom the notice was served.

Extension of the Animals and Animal Products (Import and Export) Regulations 1992 and the Products of Animal Origin (Import and Export) Regulations 1992

16.-(1) The Animals and Animal Products (Import and Export) Regulations 1992(7) and the Products of Animal Origin (Import and Export) Regulations 1992(8), to the extent that those regulations apply to aquaculture animals and aquaculture products, shall have effect as if the relevant areas were another Member State.

(2) For the purposes of this regulation "the relevant areas" means Northern Ireland, the Isle of Man and any of the Channel Islands.

Obstruction

17.-(1) No person shall-

(a)intentionally obstruct any person acting in the execution of these Regulations,

(b)without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or

(c)furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.

(2) Nothing in paragraph (1)(c) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

Powers-European Inspectors

18. A European Inspector may accompany any person who is enforcing these Regulations for the purpose of establishing whether Directive 91/67/EEC is applied in a uniform way.

PART VOFFENCES AND PENALTIES

Offences by directors etc.

19.-(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of-

(a)any director, manager, secretary or other similar officer of the body corporate, or

(b)any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(2) For the purposes of paragraph (1) above, "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

Offences

20.-(1) No person shall contravene, or fail to comply with, a provision of these Regulations or a provision or condition of a notice served in accordance with the provisions of these Regulations.

(2) No person shall for the purpose of procuring the issue of a movement document-

(a)make a statement which he knows to be false in a material particular;

(b)recklessly make a statement which is false in a material particular; or

(c)intentionally fail to disclose any material particular.

(3) A person shall be guilty of an offence who, without reasonable excuse, proof of which shall lie on him, contravenes or fails to comply with any provision of this regulation.

Penalties

21.-(1) A person guilty of an offence under regulation 11(1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2) A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(Regulations 11, 12 and 13)

SCHEDULE 1LIST OF DISEASES

1. Infectious haematopoietic necrosis (referred to in the Regulations as "IHN")

2. Viral haemorrhagic septicaemia (referred to in these Regulations as "VHS")

3. Bonamiosis

4. Marteiliosis

(Regulation 7)

SCHEDULE 2ZONES IN GREAT BRITAIN-LIVE FISH, EGGS AND GAMETES

(Regulation 8)

SCHEDULE 3ZONES IN GREAT BRITAIN-DEAD FISH

(Regulation 9)

SCHEDULE 4ZONES IN GREAT BRITAIN-LIVE MOLLUSCS, EGGS AND GAMETES

SCHEDULE 5

(Regulations 2 and 4)

PART 1REQUIREMENTS FOR WATER STATION

1. The hygienic properties of the water available for changing must be such as not to alter the health situation of the species transported with regard to the agents of the diseases referred to in Schedule 1.

2. These facilities shall contain devices designed to prevent any contamination of the host environment:

• either by facilitating disinfection of the water, or

• by ensuring that release of this water does not under any circumstances entail direct discharge into tidal or inland waters.

(Regulations 2 and 9)

PART IIREQUIREMENTS FOR STORAGE CENTRE

The storage centre shall treat and disinfect all water which leaves the storage centre so as to prevent any contamination of the host environment.

(Regulation 9)

SCHEDULE 6RESTRICTED AREAS (MOLLUSCS)

In this Schedule a group of two letters and eight figures identifying or associated with any point represents the map co-ordinates of that point estimated to the nearest ten metres on the grid of the national reference system used by Ordnance Survey on its maps and plans.

The areas of water comprising tidal waters (whether forming part of the sea or not) within the seaward limits of the territorial waters adjacent to Great Britain which lie between or within, as the case may be, the limits specified below-

(Regulation 2)

SCHEDULE 7DECISIONS MADE UNDER COUNCIL DIRECTIVE 91/67/EEC

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, implement Council Directive 91/67/EEC (OJ No. L46, 19.2.91, p. 1) ("the Directive") concerning the animal health conditions governing the placing on the market of aquaculture animals and products, to the extent that it is not implemented by existing legislation.

The Regulations-

(a)prohibit the placing on the market of aquaculture animals and products unless certain requirements relating to their health status are met (regulation 3);

(b)prohibit the transport of aquaculture animals unless certain requirements relating to the welfare of the aquaculture animals and the prevention of the spread of disease are met (regulation 4);

(c)prohibit the despatch of aquaculture animals and products unless requirements as to identification of the aquaculture animals and products are met (regulation 5);

(d)contain certain requirements concerning movement documents for aquaculture animals and products (regulation 6);

(e)prohibit the introduction into Great Britain from elsewhere in the European Economic Community of live fish, eggs and gametes (regulation 7) and live molluscs, eggs and gametes (regulation 9) unless they are accompanied by appropriate movement documents;

(f)prohibit the introduction into Great Britain from elsewhere in the European Economic Community of certain dead fish which have not been eviscerated unless they come from areas of appropriate fish health status (regulation 8);

(g)regulate the relaying within Great Britain of live molluscs, eggs and gametes from certain areas within Great Britain (regulation 9);

(h)prohibit the export to other parts of the European Economic Community of aqua-culture animals and products from Great Britain unless they are accompanied by appropriate movement documents where required pursuant to the Directive (regulation 10);

(i)require the notification of certain diseases (regulation 11);

(j)provide the Minister with powers to impose movement restrictions and to require slaughter and disinfection in connection with certain diseases (regulations 12 and 13);

(k)set out the arrangements regarding, and provide powers for, the enforcement of these Regulations (regulations 14 to 17);

(l)provide European Inspectors with certain powers to establish whether the Directive is applied uniformly (regulation 18);

(m)provide that further persons may be deemed to be guilty of an offence when an offence is committed by a body corporate or a Scottish partnership (regulation 19);

(n)provide that the contravention of, or failure to comply with a provision of the Regulations shall be an offence punishable by a fine not exceeding level 5 on the standard scale except for an offence under regulation 11(1) which shall be punishable by a fine not exceeding level 4 on the standard scale (regulations 20 and 21).

Movement documents Form E and Form F (regulation 2) are set out in Commission Decision No. C(92) 3064 of 11 December 1992 laying down the model of the movement documents referred to in Article 14 of Council Directive 91/67/EEC. Copies of the Decision are available from the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3JR, the Scottish Office Agriculture and Fisheries Department, Pentland House, 47 Robb's Loan, Edinburgh EH14 1TW and the Welsh Office Agriculture Department, Cathays Park, Cardiff CF1 3NQ.