Aquaculture production business authorisation (Scotland): Fish Health Inspectorate
What a fish or shellfish farmer in Scotland must do to be authorised as an aquaculture production business under the Aquatic Animal Health (Scotland) Regulations 2009, how to apply, the conditions attached, the record-keeping and annual return duties, and the penalties.
If you farm fish or shellfish in Scotland, you must be authorised as an aquaculture production business (APB) before you start. The rule is in the Aquatic Animal Health (Scotland) Regulations 2009 (SSI 2009/85). Operating an aquaculture production business, or a processing establishment, without authorisation from the competent authority is an offence (regulation 5(1)). The Scottish Ministers are the competent authority, and applications are handled by the Fish Health Inspectorate (FHI) in the Scottish Government's Marine Directorate.
Authorisation is about disease risk. The authority can only grant it where it is satisfied that running your business will not lead to an unacceptable risk of spreading disease (regulation 6(1)), and it attaches conditions that keep that risk under control.
- Statutory source
- Aquatic Animal Health (Scotland) Regulations 2009 (SSI 2009/85)
- Who must be authorised
- Anyone who operates an aquaculture production business or a processing establishment (regulation 5(1))
- Who may be asked to apply
- Non-commercial installations and put-and-take fisheries, only if a written notice is served (regulation 5(4) and (5))
- Registered instead of authorised
- Non-commercial installations, put-and-take fisheries and specialist transport businesses (regulation 12)
- Forms
- FHI 053A (authorisation application), FHI 054A (holding site details), FHI 052A (amend or notify a change)
- Decision time
- The authority must tell you the result in writing within 90 days of receiving your application (regulation 8(2))
- Fee
- No application fee is listed on the forms and guidance page
- Records entry
- Within 24 hours of each movement or observation (regulation 31C)
- Records retention
- At least 4 years from the last entry (regulation 31C)
- Annual return
- Send stocking and movement information to the Scottish Ministers by 31 December each year (regulations 31A and 31B)
- Penalty
- A fine, up to the statutory maximum on summary conviction (regulation 43)
- Contact
- Fish Health Inspectorate, 0131 244 3498 in office hours, ms.fishhealth@gov.scot
Part 2 of the Regulations (regulations 5 to 13) covers authorisation, and Part 4A (regulations 31A to 31E) covers the annual return, record and escape duties. Non-commercial installations and put-and-take fisheries may be asked to apply, but only if the authority serves a written notice saying authorisation is needed to prevent or limit the spread of disease. You then have 28 days to apply (regulation 5(4) and (5)). Non-commercial installations, put-and-take fisheries and specialist transport businesses that are not required to be authorised must be registered instead. They must tell the authority of any change in their details within 30 days (regulation 12).
A biosecurity measures plan goes with your application. The Scottish Government's forms and guidance page does not list an application fee, so ask the FHI before you apply.
The annual return covers the stocking and movement information for the year ending 30 November (regulations 31A and 31B). On conviction on indictment the penalty is a fine (regulation 43).
How to get authorised
- Decide whether you need authorisation, registration or neither. A fish or shellfish farm selling stock or moving it to other waters needs authorisation. A food business that processes farmed animals may need a separate authorisation as a processing establishment (regulation 7). Several businesses that farm only molluscs in one mollusc farming area can share one authorisation, but a dispatch centre, purification centre or similar business in that area must be authorised separately (regulation 5(2) and (3)).
- Prepare a biosecurity measures plan for each site. It is the core of the application, because authorisation depends on showing that disease will not spread from your operation.
- Send the application forms to the FHI before you start farming. Use form FHI 053A for the business and FHI 054A for each aquatic animal holding site. The application must contain the information the authority reasonably requires (regulation 8(1)).
- Wait for the written decision. The authority must give you its decision within 90 days. If it grants authorisation it tells you how long the authorisation lasts, any conditions, and your authorisation number. If it refuses, or attaches a condition, it must give reasons and tell you about your right of appeal (regulation 8(3) and (4)).
- Do not make a false statement. It is an offence to make a statement in your application that you know or suspect is false (regulation 8(5)).
Conditions you must meet once authorised
Every authorisation for an aquaculture production business carries these conditions (regulation 6(2)). You must:
- keep records, in the form and manner the authority specifies, of the movement of animals and animal products into and out of your area, the number of animals that die in each epidemiological unit, and the results of any surveillance done by you or notified to you by the authority;
- follow good biosecurity practice;
- comply with any surveillance requirement the authority imposes; and
- have a system that lets you show the authority you are doing all three.
The authority will list your business on a public record of authorised businesses that anyone can inspect free of charge (regulation 13).
Changing, suspending or losing your authorisation
Apply to amend your authorisation on form FHI 052A if you change your business or sites (regulation 9). The authority can also amend the authorisation on its own initiative. It can suspend or revoke an authorisation, by written notice, if you have not complied, are not complying or are not likely to comply with a condition or another requirement of the Regulations (regulations 10 and 11). It can serve an enforcement notice setting out steps you must take by a set date, and it is an offence not to comply with one (regulation 39).
You can appeal to the competent authority against a refusal, a condition, an amendment, a suspension or revocation, or an enforcement notice. Give written notice within 21 days that you want to be heard by an independent person or to send written representations (regulation 40).
Inspections
An inspector can enter and inspect land and premises at any reasonable time to enforce the Regulations. They need a warrant from a justice of the peace to enter a dwelling (regulation 35). Intentionally obstructing an inspector, failing without reasonable cause to give help or information, or knowingly giving false or misleading information is an offence (regulation 41). If a company commits an offence with the consent or neglect of a director or manager, that person can be prosecuted as well (regulation 42).