FAO Home>Fisheries & Aquaculture
Food and Agriculture Organization of the United Nationsfor a world without hunger
EspañolFrançaisРусский
  1. Profile
    1. Basic legislation
    2. Legal definition
    3. Guidelines and codes of conduct
    4. International arrangements
  2. Planning
    1. Authorization system
    2. Access to land and water
    3. EIA
  3. Operation
    1. Water and wastewater
    2. Fish movement
    3. Disease control
    4. Drugs
    5. Feed
  4. Food safety
    1. Miscellaneous
      1. References
        1. Legislation
        2. Related resources
      2. Related links
        Profile
        Basic legislation
        The Fisheries act (2004, as amended) regulates the management, control and development of fisheries and aquatic resources in Denmark. Chapter 13 addresses ocean farming and establishes a licensing system governing the establishment and operation of mariculture facilities. The Act grants the Minister of Food, Agriculture and Fisheries general power to make regulations with regard to the issuing of licences for the establishment and operation of ocean farms. The Regulation on the establishment and operation of ocean farms (1991)  sets forth more detailed rules on the licensing system of mariculture facilities. The issuing of licences has been delegated to the Danish Directorate of Fisheries.

        For aquaculture facilities taking in fresh water, facilities that are placed on land taking in marine water, and for the fish farming of mussels, oysters etc., no regulations have been issued pursuant to the Fisheries act (2004) concerning licensing. For fish farming that requires feed, however, an approval according to the Environment protection act (2001) is required. For the fish farming of mussels, oysters etc., an application for a licence shall be filed with the Directorate of Fisheries in accordance with the Instruction on Applications for Bivalve Aquaculture in the Limfjord (2003).
        Legal definition
        There is no general definition of aquaculture in the Fisheries Act (2004). The Regulation relative to the establishment and operation of ocean farms (1991), adopted under the Act, has, however, the following definition of ocean farming: "With ocean farming is understood fish farms consisting of cages and the like, placed in marine waters which requires the use of feed for its operation".

        Concerning aquaculture facilities placed on land taking in marine water, the following definition appears in the Regulation relative to marine water aquaculture (1990)  , adopted under the Environment protection act (2001): "Fish farm placed on land that has an intake of marine water, including cooling water from power plants or the like, which requires the use of feed for its operation. Concerning aquaculture facilities taking in fresh water, the Regulation relative to fresh water fish farms (1998)  , adopted under the Environment protection act (2001), states that it is applicable for fish farms that exclusively takes in fresh water and has a water outlet to water ways, lakes or the ocean.
        Guidelines and codes of conduct
        There are no Guidelines or Codes of conduct.
        International arrangements
        Denmark is a member of the following international arrangements:
        • World Trade Organization (WTO).
        • The European Union (EU).
        • North Atlantic Salmon Conservation Organization (NASCO).
        • World Organisation for Animal Health (OIE).
        • Denmark is party to the Convention on Biological Diversity (CBD). It ratified the Biosafety Protocol on 27 August 2002 and became a party on 11 September 2003.
        Planning
        Authorization system
        According to the Fisheries act (2004), fish farming in Danish fisheries territories (ocean farming) can only take place if a licence has been granted by the Ministry of Food, Agriculture and Fisheries, a power that has been delegated to the Directorate of Fisheries. The Directorate determines the conditions, including possible time limits, for the licence. The application for an ocean farming licence is considered to be an application for permits after all other relevant legislation. A licence can not be granted for the establishment of new fish farms in fjords. The durability of the licence will be settled in the conditions for the licence.

        According to the Regulation relative to the establishment and operation of ocean farms (1991)  , adopted under the Act, a licence is needed both for the setting up and for the operation of an ocean farm. An application for a new licence, for the expansion of an existing mariculture facility, or for the extension of a licence, is to be filed with the County Council. When processing the application, the following authorities will be heard by the Ministry: The Danish Forest and Nature Agency, the Royal Danish Administration of Navigation and Hydrography, the Coast Directory, the Fisheries and Ocean Surveys of Denmark, the local Fisheries Inspector, the Danish Fishery Organisation and The Danish Ocean Fishery Organisation.

        A licence to establish and operate an ocean farm can be withdrawn by the Ministry upon the breach of determined conditions. If an ocean farm is to be established further ashore and outside the County Council planning area (see section 5), the power, according to the Act relative to coastal protection (1994)  , lies with the Ministry of Transport, now delegated to the Coastal Directorate, as to granting a licence.

        The Fisheries act (2004) applies to all kinds of fish farming, hence also for the fish farming of mussels, oysters etc., the setting up of aquaculture facilities placed on land using marine water, as well as for facilities using fresh water. The Regulation relative to the establishment and operation of ocean farms, does however not apply to these kinds of aquaculture facilities.

        For the fish farming of mussels, oysters etc., an application for a licence shall be filed with the Directorate of Fisheries in accordance with the Instruction on Applications for Bivalve Aquaculture in the Limfjord (2003). For the setting up of aquaculture facilities, either placed on land using marine water or fish farms taking in fresh water, an approval according to the Environment protection act (2001), can be required. This also applies in case of an expansion or change in the facility that will increase the pollution from such a facility. According to the Approval regulation (2004)  , adopted under the Environment protection act, such an approval is needed unless the aquaculture facility has full recirculation or is without direct water outlet to water ways, lakes or the ocean. The application has to be filed with the municipality, which will forward it to the County Council. The approval is normally valid for eight years. The approval can however, be reconsidered by the authorities if the pollution from the facility exceeds permitted levels or there are other fundamental changes arising.
        Access to land and water
        According to the Act relative to planning (2002)  , every county is obliged to have a Regional Plan. This is to be prepared by the County Council and shall cover a period of 12 years. The plan shall include guidelines for, inter alia, the use of water ways, lakes and waters, and accordingly establish aquaculture zones. Furthermore, the Act states that larger plants that are likely to have a considerable impact on the environment, must not be set up before the Regional Plan includes guidelines on the placement and the design of the plant, as well as an account including an Environmental Impact Assessment (EIA). The Regulations on supplementary rules (1999)  , adopted under the Act, provides rules on what aquaculture facilities that are included in the term larger plants (see section 6).

        Pursuant to a the Environment protection act (2001), a circular has been made, providing that the Regional Plan shall include quality goals for shore waters, dividing the areas into three categories, with either a general, reduced or high level quality goal. According to the Regulation relative to marine aquaculture (1990)  , adopted under the Act, a licence, pursuant to the Fisheries act, for operating a mariculture farm in an area with a high level quality goal, can be given when there is reason to believe that the influence on the environment will occur outside this area.
        EIA
        As stated in section 6, the Act relative to planning (2002)  , provides that larger plants that are likely to have a considerable impact on the environment, must not be set up before the Regional Plan includes an Environmental Impact Assessment (EIA) regarding the plant in question. The Regulation on supplementary rules (1999)  , adopted under the Act, provides rules on when an EIA shall be carried out, as well as requirements regarding the contents of the EIA. The Regulation provide that when establishing a new marine water fish farm outside a zone designated for aquaculture in the Regional Plan, or when changing such a facility considerably, an EIA shall be worked out. If the aquaculture facility in question is designated for intensive fish farming or has an intake of fresh water, an EIA shall be worked out as far as the facility it is likely to have a considerable impact on the environment, even when it is to be established in an aquaculture zone.

        The Regulation lists the different criteria that shall be used when considering whether a facility is likely to have such an impact, i.e. the size of the facility, waste production, the vulnerability of the surrounding environment etc. When it comes to the contents of the EIA, the Regulation states that the EIA shall, inter alia, include a description of the planned facility, a summary of the most important alternative sites that has been examined, the reasons for the choice of alternatives, a description of the environment that can be considerably influenced by facility, as well as an account of the short term and long term influence on the environment. As to ocean farms outside the County Council planning area, the Coastal Directorate decides whether an EIA shall be carried out in relation with an application for the setting up of a facility, see the Regulation relative to EIA regarding plants on the ocean territory (1999)  , adopted under the Act relative to coastal protection (1994).
        Operation
        Water and wastewater
        According to the Environment protection act (2001), the discharge or disposal of waste water into waterways, lakes or the ocean is prohibited unless a permit is granted by, depending on the capacity of the facility, the municipality or County Council. The Waste water permit regulation (1999)  , adopted under the Act, provides rules on, inter alia, the processing of applications, requirements that has to be met regarding the cleansing of the waste water, as well as other conditions that can be attached to a permit.

        The Regulation relative to fresh water fish farms (1998)  , also adopted under the Environment protection act, determines provisions regarding, inter alia, maximum levels of wastewater, permitted levels of chemicals in outlet water from the farm, and requirements regarding the installation and design of cleansing systems. The Regulation Relative to marine water aquaculture (1990)  , also adopted under the Environment protection act, determines provisions regarding, inter alia, maximum use of feed, feed ratio, emission limits on nitrogen and phosphorus, the contents of nitrogen and phosphorus in the feed, as well as the carrying out of self monitoring. For on shore marine fish farms there are provisions on the design of the outlet and intake water system, as well as on the quality of the outlet and intake water.
        Fish movement
        According to the Fisheries act (2004), the introduction and the moving of fish, egg and fry is not permitted, unless: a) it is in accordance with a plan prepared by or approved by the Minister of Food, Agriculture and Fisheries, b) an approval is granted by the Minister or c) it is according to a verdict.

        According to the Act relative to animal keeping (2004)  , the Minister of Family and Consumer Affairs can issue regulations on the export and import of animals, including fish, from which disease and zoonotic transmissible infectious agents can be spread. Furthermore, it can issue regulations regarding the introduction, use, trade, import and export of farmed animals that are genetically modified, including fish, as well as the prior notification or approval of this.

        Pursuant to the Act, the Regulation relative to the sale of aquaculture animals and products within the European Union as well as import of this from countries outside the EU (1999)  has been adopted  .

        Several provisions must be observed when placing on the market aquaculture animals, eggs and gametes within the EU; the animals must not show signs of clinical disease the day they are shipped; the animals must not be intended for destruction or slaughter under a scheme for the eradication of a disease as listed; the animals must not come from or have been in contact with animals from aquaculture facilities where, either there has been imposed a prohibition against sales due to animal health reasons, or that is being kept under the supervision of the Danish Veterinary and Food Administration due to proven disease or suspicion of disease.

        A system of approved zones and farms, where specific health requirements are fulfilled, is established. When live fish, egg and gametes belonging to the susceptible species as referred to, as well as mollusc as referred to, are introduced into an approved zone, they must be accompanied by a movement document certifying that they come from an approved zone or an approved farm. When they are to be introduced into an approved farm they must be accompanied by a movement document certifying that they come respectively from an approved zone or from a farm of the same health status as the farm of destination.

        The Veterinary and Food Administration can permit the movement of live fish, egg and semen from farms struck by disease to farms that are struck by the same disease, or when being slaughtered for the purpose of consumption.

        Shipment within the EU of live, farmed fish, as well as their eggs and gametes between non-approved zones regarding infectious haematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS), as well as the shipment between two farms infected by IHN and VHS, shall be accompanied by a certificate as appropriate.

        Susceptible fish shall be slaughtered and cleansed prior to shipment from a non approved zone to an approved one.

        Live susceptible fish being shipped from a non-approved zone to an approved one for human consumption, must be delivered either for direct consumption or to the preserving industry, unless they originate in an approved farm, or they are temporarily immersed in specially approved storage ponds.

        When live farmed fish or molluscs not belonging to the susceptible species as referred to, as well as their eggs and gametes are to be introduced into an approved zone they must be accompanied by a movement document certifying that they come from a zone of the same health status, from an approved farm in a non-approved zone or from a farm which may be situated in a non-approved zone on condition that such a farm contains no fish belonging to the listed susceptible species referred to and that is not connected with a watercourse or with coastal or estuarial waters.

        When wild fish, molluscs and crustaceans, are to be introduced into an approved zone, they must be accompanied by a movement document certifying that they come from a zone of the same health status. When they are to be introduced into an approved farm situated in a non-approved zone, they must be accompanied by a movement document certifying that they come from an approved zone.

        Wild fish being caught on the ocean and designated for reproduction in approved zones or approved farms, shall when they require so, be put in quarantine under the supervision of the Veterinary and Food Administration. Furthermore, the Regulation sets forth that the aquatic animals shall be transported to their destination as fast as possible with a means of transportation that has been cleaned and disinfected if necessary.

        Regarding import of aquatic animals and products from outside the EC, the Regulation provide that this must only occur on conditions that are in accordance with EC legislation. A shipment from outside the EC must be accompanied by a certificate issued and signed by the authorities of the country of export.

        The Act on the environment and genetic engineering (1991) applies to the production and use of genetically modified organisms. According to the Act, genetically modified organisms shall not be imported, introduced, transported or sold without the approval of the Minister for the Environment. Such approval can be given when the release serves for any purpose other than marketing, or serves for the marketing of products, that either consist of, or include GMO's. However, such an approval is not required when the GMO is approved for marketing in another state member of the European Union in accordance with Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms. Pursuant to the Act, the Regulation on the approval of the release to the environment of genetically modified organisms (2002)  has been adopted. The Regulation implements the Directive 2001/18/EC, determining rules regarding, inter alia, procedures for application and processing, consultative rounds, as well as supervision.

        According to the Regulation relative to the combating of infectious disease with fresh water fish (1984)  , adopted under the Act relative to animal keeping (2004)  , live fresh water fish and egg must only be exported when it is accompanied by a written health certificate provided by a veterinarian in accordance with instructions provided by the Veterinary and Food Administration.
        Disease control
        According to the Act relative to animal keeping (2004), the Minister of Family and Consumer Affairs can issue regulations on the examination of live fish for zoonotic transmissible infectious agents. The Act sets forth that anybody keeping fish being infected by ISA, or any other of the listed diseases, or when suspecting that so is the case, shall send for a veterinarian. Furthermore, the Regulation provides provisions on the examination that is to be conducted by the veterinarian, as well as his duty to notify the authorities in case of, or upon suspicion of diseases as listed. The Minister can issue regulations on the killing of animals for examination purposes, as well as regulations on procedures related to the taking of samples. For the purpose of eradicating, preventing, limiting, as well as countering the risk of the widespread of zoonotic transmissible infectious agents and other listed diseases, the Minister can issue regulations and order the carrying out of special measures. For live fish, this includes the examination, supervision, marking, treatment, vaccination, isolation, killing, destruction as well as imposing special conditions for the delivery of animals. For fish products, including feed, these measures can, in addition to the ones already listed, be the ordering of special use, disinfection, storing and withdrawal. For the fish farms and processing plants these measures can be to impose special requirements related to operations, cleaning and disinfection, withdrawal of authorization, supervision, blocking, the drying out as well as prohibiting the water inlet and outlet. Furthermore, the Minister can also prohibit the use of fish, egg, feed etc. as well as other products and objects from where disease and zoonotic transmissible infectious agents can spread. The Minister can also issue regulations regarding the health status of animals whose semen and eggs are being transferred to other animals.

        Concerning control measures, the Act relative to animal keeping (2004), regulates that the Minister can determine regulations or provisions on control measures that can be carried through in order to ensure compliance with the Act. The Minister can in this respect make decisions on orders and prohibitions, hereupon that foodstuffs that do not comply with the Act, regulations or provisions, shall be marked, confiscated, destroyed, withdrawn from the market or that the enterprise shall suspend production. The Act also provides for the legal admittance to processing plants etc. when necessary for the carrying out of control measures. In addition it provides for that persons in charge of a processing plant etc. has the duty to give necessary information to the authorities in case of control.

        The Regulation relative to the combating of certain fish diseases (2001)  , adopted under the Act, sets forth provisions on how to combat infectious salmon anaemia, infectious haematopoietic necrosis and viral haemorrhagic septicaemia (ISA, IHN and VHS), and includes provisions implementing Council Directive 93/53/EEC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases. The Regulation sets forth that the owner or the responsible of an aquaculture facility shall keep a register over the live fish, semen and egg entering or departing the facility, as well as dead fish. Furthermore, it sets forth a duty to notify the Veterinary and Food Administration upon a suspicion of the occurrence of ISA, IHN and VHS. In case of suspicion of the occurrence of ISA, the Regulation also set forth provisions regarding the supervision of the facility by the Administration. In case of suspicion of the occurrence of ISA, as well as IHN and VHS, the Regulation provides for the ordering of examinations.

        The Regulation relative to the combating of infectious disease with fresh water fish (1984)  , adopted under the Act relative to animal keeping (2004), sets forth provisions on the combating of IPN and VHS through the implementing of combat plans and keeping of a register by the Veterinary and Food Administration, as well as cleansing and disinfection provisions regarding premises and gear, packing and transport. The Regulation sets forth that newly established or re-established fish farms shall be registered with the Administration. They must not start operating before the outlet system has been approved and the Administration has decided whether the fish farm in question shall be included in a combat plan. Furthermore, the owner shall keep a record on the amount of live fresh fish, fry and egg being purchased and sold from fish farms, as well as the name of buyer and seller, and the date of the transaction. In case that disease included in a combat plan is proven in a fish farm included in a combat plan, the Administration can order the removal or destruction of the fish stock and eggs. This also applies to contagious diseases not earlier been diagnosed, representing a danger for the fish farm industry. Furthermore, the Administration can prohibit or limit the trade in fish, egg, semen from a fish farm if the stock is attacked by a contagious disease, as well as when there is suspicion that the stock has been infected.

        Furthermore there are restrictions on the supplies of water, fish and eggs to fish farms that are included in a combat plan and that are VHS and/or IPN free. When there are indications of VHS and/or IPN in such a fish farm, the owner shall promptly notify the Administration.

        The Regulation does also set forth that slaughtering houses and processing premises must not be established in connection with fish farms and water ways. Upon the establishment of such plants, they must not have neither direct nor indirect outlet through a sewerage to a water way.

        Pursuant to the Act relative to animal keeping (2004), the Regulation relative to control with contagious diseases with bivalve mollusc (1997)  has been adopted. Firstly, aquaculture facilities farming bivalve mollusc shall be registered with the Veterinary and Food Administration. Furthermore, the Regulation sets forth provisions regarding the keeping of a journal, where a record of the origin of the stocks, the species that leaves the facility for reproduction, as well as the mortality rate is included. The person in charge of the facility shall promptly send for a veterinarian upon suspicion of the occurrence of one of the listed diseases. Furthermore, there are provisions on, inter alia, the veterinarian's obligations to notify the Administration in case of suspicion of disease, as well as the keeping of the facility under surveillance of the Administration due to this, as well as the owner's duty to give information to the Administration.
        Drugs
        The Act relative to animal keeping (2004), states that the Minister of Family and Consumer Affairs can issue regulations on the use of veterinarian vaccinations, drugs etc. Pursuant to this, the Regulation relative to veterinary drugs (2003)  has been issued  . The Regulation provides that when treating animals, including fish, veterinary drugs that has obtained a marketing permit from the Danish Medicines Agency or been approved for marketing by the EU Council, shall be used. Veterinary drugs can however, be used pursuant to a distribution permit. In case there is no applicable veterinary drug that has been permitted, a veterinarian can in exceptional cases, particularly for preventing unacceptable suffering for animals use, distribute or prescribe the veterinary drugs listed, for the treatment of a single or a few animals.

        The Regulation also provides rules that prohibit or impose limitations on the use of certain hormones, as well as restrictions on the use of therapeutic and zoo technical treatment of animals. Inter alia, it is prohibited to use veterinary drugs being growth-promoting. The Veterinary and Food Administration can, however, upon an application, permit a veterinarian to prescribe veterinary drugs with an androgenic effect for the treatment of fry, provided certain provisions are observed. Furthermore, the Regulation provides a list of veterinary drugs that can only be used by a veterinarian. There are also provisions on the keeping of journals and storing of documentation of both the veterinarian and the person in charge of the animals, as well as on the storing of veterinarian drugs in the enterprise, ordering, inter alia, that such drugs must be kept and used in accordance with the veterinarian's instructions. As to the treatment of animals with antibiotics, the Regulation determines that this can only take place if the treatment is aimed at specific diagnosed infections and at healing the animals, provided that the animals are clinically sick or are in the incubation period of a well defined disease. Moreover, there are provisions regarding the handing out and the prescription of antibiotics and other animal drugs aiming at infections, including rules on the permitted duration of the treatment. The Regulation also imposes restrictions on the trade in animals that have been treated with veterinary drugs, as well as rules on the carrying out of quarantines due to such treatment. Furthermore, the Regulation adopts provisions regarding the purchasing, storing, use, handing over and the prescription of veterinary drugs.

        As to control measures, the Regulation provides for the adoption of Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin. Upon the occurrence of illegal drugs or residues exceeding the legal limits, the drugs in question shall be confiscated. Animals that have been treated with these drugs shall be submitted to public supervision, together with animal products that contains illegal residues/ drugs. Furthermore, there are provisions on the killing of animals in case of illegal treatment with drugs. The Regulation also provides for that animal products, including fish, must not be handed over, sold, preserved or used for human consumption if they contain levels of residues from veterinary drugs that are above the permitted levels, or contain residues that originate from illegal treatment. Furthermore, the undertaking of random samples is also addressed.

        The Regulation relative to certain residues in foodstuffs (2004)  , adopted under the Foodstuffs Act (1998, as amended)  , provides that it is prohibited to use products that contain residue levels that exceed permitted levels, when producing foodstuffs, or to combine such products with products that comply with the permitted levels. The Regulation includes maximum permitted levels for, inter alia lead, tin, cadmium, mercury and mycotoxicants. Furthermore, it regulates that foodstuffs must not be sold if they contain residue levels of lead, cadmium, mercury, tin and mycotoxicants that exceed the permitted levels. Concerning levels of dioxins and 3-MCPD, the Regulation refers to the permitted levels settled by EU regulations. To control that the maximum permitted levels in animal foodstuffs, including fish, are being complied with, the Veterinary and Food Administration can decide that random samples of the levels in foodstuffs shall be taken according to a settled random samples schedule.

        The Regulations relative to microbiological limits for foodstuffs (2004)  , adopted under the Foodstuffs Act (1998), determines such limits for live bivalve molluscs, echinoderms, crustaceans and ocean snails produced for consumption. Limits are also determined for these species when boiled, then also including crawfish.

        The Regulation relative to the combating of certain fish diseases (2001), adopted under the Act relative to animal keeping (2004), sets forth that it is prohibited to vaccinate against ISA, unless permitted by the Veterinary and Food Administration. Vaccination against IHN and VHS is not permitted in approved zones or farms (see 8), as well as for zones and farms that will be approved.

        The Regulation relative to the combating of infectious disease with fresh water fish (1984), also adopted under the Act relative to animal keeping (2004), sets forth that vaccination of fresh water fish can only take place when permitted by the Veterinary and Food Administration.

        The Regulation relative to pesticide residues in foodstuffs and feed (2004)  , adopted under the Foodstuffs Act (1998), sets forth maximum residue levels of the listed pesticides in feed. The Regulation provides that it is prohibited to sell products that contain residue levels that exceed the maximal levels set forth. Furthermore, provisions regarding control are adopted, providing that this control should be in line with Council Directive 2000/63/EEC.

        Concerning the use of different hazardous substances (antibiotics, copper etc.) the statutory order 921/1996, implementing Council Directive 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, is relevant. It states that certain quality standards should be carried out for all surface water and that all discharge permits should contain limits for the discharge of the substances listed in the directive.

        The Regulation on health related conditions of fishing, treatment, processing and trade of living bivalve molluscs (1993)  , adopted under the Foodstuffs Act (1998), prescribes, inter alia, microbiological quality standards and certain production areas for bivalves  . Production areas are to be determined by the Danish Veterinary and Food Administration, who monitors for algal toxins, micro-organisms and polluting chemicals.
        Feed
        The Act relative to feeding stuffs (2000) enables the Minister of Food, Agriculture and Fisheries to issue regulations on, inter alia, production, storing, the trade in and the use of feed for animals, including fish, as well as the authorization of producers and importers, and permitted levels of residues. The Act states that when imported or sold, the feed shall be healthy and sound and of a normal quality. When sold or being used in an appropriate manner, the feed shall not represent any threat to human or animal health or to the environment. Furthermore it shall not be sold in a manner that can be misleading. Feed that do not comply with regulations pursuant to the Act, must not be used for feeding. Upon a justified suspicion that a quantity of feed will pose a health risk to humans or animals, or to the environment, the Minister can prohibit the sale or the use of the feed until the result of an examination is available. The Minister can order that feed not complying with regulations, shall be used for other purposes than feeding, destroyed or, if imported, return the shipment. The Act also provides for the legal admittance of the authorities to processing plants etc. when necessary for the carrying out of control measures. In addition it provides that the person in charge of a processing plant etc. has the duty to give necessary information to the authorities in case of control.

        The Regulation relative to feed (2004)  , adopted under the Act, addresses the production, transport, trade, import, export and use of feed for animals, including fish. The Regulation lists substances that are illegal to use in feed and includes provisions on the labelling and packing of feed, as well as provisions regarding the chemical and biological purity of feed and maximum permitted residue levels.

        The Regulation relative to pesticide residues in feed (2004)  , adopted under the Act, sets forth maximum residues levels of the listed pesticides in feed. The Regulation provides that it is prohibited to sell products that contain residue levels that exceed the maximal levels set forth. Furthermore, provisions regarding control are adopted, providing that this control should be in line with Council Directive 2000/63/EEC.

        The Regulations relative to fresh water fish farms (1998)  , adopted under the Environment protection act (2001), determines provisions regarding feeding quotas and its composition. The Regulation sets forth that the County Council will determine the annual feed quota for fresh water fish farms. Furthermore, provisions are set forth regarding the use and composition of the feed, determining maximum levels of nitrogen, phosphorus etc. in the feed. The Regulation relative to marine water aquaculture (1990)  , also adopted under the Act, determines similar requirements as to aquaculture facilities that are placed on land taking in marine water, as well as ocean farms.

        According to the Regulation relative to the combating of infectious disease with fresh water fish (1984)  , adopted under the Act relative to animal keeping (2004), fresh water fish, as well as fish waste from slaughtering houses and processing premises, must not be used as feed in fish farms.

        According to the Regulation on organic aquaculture (2004)  , pursuant to the Act on Organic Farming (1999, as amended in 2001)   and the Foodstuffs Act (1998, as amended in 2001) and the Regulation on feed for organic aquaculture (2004, as amended same year)  , certain restrictions on the use of fish feed came into force for a voluntary red Danish "Organic" label (see below). Among other measures, there is a ban on adding colour to the feed, and no kind of GMO feed is allowed. Control and inspection regarding feed are covered by the Danish Plant Directorate, and for organic feed also by the Danish Veterinary and Food Administration.
        Food safety
        The Foodstuffs act (1998)  is addressing the processing, storing, transport, sale and distribution of foodstuffs, including farmed fish, for human consumption. The Act states that the production of foodstuffs intended for sale must not be started before an authorization is issued by the Minister of Family and Consumer Affairs.

        Furthermore, the Act states that foodstuffs being processed and sold shall be healthy and of good quality and have a reasonable durability when being sold. Foodstuffs shall not be sold or distributed if they upon regular use presumably can transmit or cause disease or cause poisoning, or because of depravation etc. is unsuitable for human consumption. The Act also states that the processing of foodstuffs shall be conducted in a hygienically secure way, ensuring that the foodstuffs are not exposed to fouling etc. Persons that have, or that are presumed to have a disease, infections etc. that can make the foodstuffs unsuitable for human consumption, must not be employed for processing, selling and controlling foodstuffs.

        Furthermore, the Act regulates that the Minister can determine regulations or provisions on control measures that can be carried out in order to ensure compliance with the Act. The Minister can in this respect make decisions on orders and prohibitions, hereupon that foodstuffs that do not comply with the Act, regulations or provisions, shall be marked, confiscated, destroyed or withdrawn from the market. The suspension of the operations in an enterprise can also be ordered. The Act also provides for the legal admittance to processing plants etc. when necessary for the carrying out of control measures. In addition, it provides that a person in charge of a processing plant etc. has the duty to give necessary information to the authorities in case of control.

        Pursuant to the Act, the Regulations on trade, production etc. of fish and fish products ashore (1997)  , has been adopted  . According to the Regulation, an authorization from the Veterinary and Food Administration is required in order to produce and store fish and fish products, cleanse mollusc and repack fish products for commercial production. In order to get an authorization, the processing plant needs to comply with several provisions stated in the Regulation, related to, inter alia, location, premises, water supply and installation, storing, furniture, operation, cleaning and disinfection measures, maintenance and hygiene provisions for staff. In addition, the plant needs to establish a product quality control system (HACCP), a system that is to be approved by the Administration. Furthermore, there are special provisions on the handling, use, production, packing and storing of fresh, conserved, salted fish and fish products, as well as on snails. The authorization can be withdrawn by the Administration upon an infringement of provisions set forth in the Act or conditions set forth in the authorization.

        Pursuant to the Foodstuffs act, the Regulation relative to fish farming and hygiene conditions for the production of roe for consumption (1999)  has been adopted. Concerning the production of roe, the Regulation sets forth hygiene requirements regarding premises, equipment, staff, packing, as well as the fish from which the roe is taken. Furthermore, there are requirement to the keeping of separate pools for the storing of fish designated for consumption in fresh water fish farms.

        The Regulation on HACCP in foodstuff enterprises (2004)  , adopted under The Foodstuffs act (1998), sets forth provisions on HACCP related to bivalve mollusc, echinoderms etc.

        The Regulation relative to labelling of foodstuffs (2004)  , adopted under the Foodstuffs act (1998), also applying to aquaculture products, impose requirements to labelling of foodstuffs that are being traded. Foodstuffs are to be labelled with, inter alia, information on name of product, ingredients, content, expiry date, storage, name of producer and country of origin  .

        Pursuant to the Foodstuffs act (1998) and the Act relative to organic farming (1999), the Regulation relative to organic aquaculture (2004)  has been adopted, establishing a voluntary red Danish "Organic" label for both fresh water and marine aquaculture. The Regulation sets forth that farmed fish for labelling may be treated with antibiotics only once. Furthermore, it prohibits the adding of colour to the feed, as well as banning GMO feed, GM fish or biologically treated fish from entering the farm. Apart form feed matters, the control and inspection is administrated by the Danish Veterinary and Food Administration.
        Miscellaneous
        Aquaculture investment 
        Pursuant to the Act relative to The Fisheries Bank of Denmark (2001)  , the Fisheries Bank is a state credit bank granting long-term debenture loans to Danish fisheries and aquaculture. In accordance with the Regulation on Statutes of the Fisheries Bank of Denmark (1999)  , loans are granted on mortgage, guarantee or other security, and by debenture loan, bond or cash credit. Loans for aquaculture are granted for real property investments (up to 60 percent of the mortgage value, repayment time up to 20 years) or other investments (up to 60 percent of the investment amount, repayment time up to 10 years).

        Development/restoration fund
        Danish aquaculture is eligible to funding from FIFG (the Financial Instrument for Fisheries Guidance) in accordance with Act on structural Assistance in the Fisheries Sector (2001, as amended in 2002)  . The conditions for aquaculture grants are laid down in Regulation on Funding for establishing and modernizing Aquaculture Facilities (2001). Grants should be given for the purpose of contributing to environmentally and economically sustainable development of the sector, and to promote the possibilities for producing fish and fish products of high quality. Eligible costs should be at a minimum of 200 000 Danish kroner, and the grant may equal 20 percent thereof (15 percent from EU and 5 percent from the Danish state).
        References
        Legislation
        All the acts and regulations are available at: www.retsinfo.dk
        The Regulation on the establishment and operation of ocean farms (1991). (Bekendtgørelse om etablering og drift av havbrug BEK nr 122 af 01/03/1999)
        The Foodstuffs Act (1998, as amended in 2001). (Lov om fødevarer m.m. (fødevareloven) LOV nr 471 af 01/07/1998, som ændret ved LOV nr 279 af 25/04/2001)
        Regulation on trade, production etc. of fish and fish products ashore (1997, as amended in 2002). (Bekendtgørelse om omsætning, tilvirkning m.v. af fisk og fiskevarer i land BEK nr 806 af 22/10/1997)
        Regulations relative to microbiological limits for foodstuffs (2004). (Bekendtgørelse om mikrobiologiske grænseværdier for fødevarer BEK nr 173 af 19/03/2004)
        Regulation relative to certain residues in foodstuffs (2004). (Bekendtgørelse om visse forureninger i fødevarer BEK nr 411 af 02/06/2004)
        Regulation relative to labelling of foodstuffs (2004). (Bekendtgørelse om mærkning m.v. af fødevarer BEK nr 1095 af 15/11/2004)
        Regulation relative to fish farming and hygiene conditions for the production of roe for comsumption (1999). (Bekendtgørelse om opdræt af fisk og hygiejneforhold ved strygning af rogn til konsum BEK nr 1033 af 16/12/1999)
        Regulation on HACCP in foodstuff enterprises (2004). (Bekendtgørelse om egenkontrol i fødevarevirksomheder m.v. BEK nr 198 af 5/03/2004)
        Regulation relative to pesticide residues in foodstuffs and feed (2004). (Bekendtgørelse om pesticidrester i fødevarer og foderstoffer BEK nr 122 af 25/02/2004)
        Regulation on health related conditions of fishing, treatment, processing and trade of living bivalve molluscs. (Bekendtgørelse om sundhedsmæssige betingelser for fiskeri, behandling, tilvirkning og omsætning af levende, toskallede bløddyr, BEK nr 202 af 15/04/1993, as amended in 2002)
        Act relative to feeding stuffs (2000, as amenede in 2003)
        Regulation relative to feed (2004). (Bekendtgørelse om foderstoffer (til § 10) BEK nr 998 af 12/10/2004)
        Regulation relative to pesticide residues in feed (2004). (Bekendtgørelse om pesticidrester i foderstoffer BEK nr 1003 af 14/10/2004)
        Regulation relative to pesticide residues in foodstuffs (2004). (Bekendtgørelse om pesticidrester i fødevarer og foderstoffer BEK nr 122 af 25/02/2004)
        Act relative to animal keeping (2004). (Lov nr. 432 af 06/09/2004 om hold af dyr)
        Regulation relative to the sales of aquaculture animals and products within the European union as well as import of this from countries outside the EU (2000). (Bekendtgørelse om afsætning af akvakulturdyr og -produkter inden for Den Europæiske Union (EU) samt indførsel heraf fra tredjelande BEK nr 856 af 12/09/2000)
        Regulation relative to veterinary drugs (2003). (Bekendtgørelse om lægemidler til dyr BEK nr 134 af 06/03/2003)
        Regulation relative to the combating of certain fish diseases (2001). (Bekendtgørelse om bekæmpelse af visse fiskesygdomme BEK nr 226 af 29/03/2001)
        Regulation relative to the combating of infectious disease with fresh water fish (1984). (Bekendtgørelse om bekæmpelse af smitsomme sygdomme hos ferskvandsfisk BEK nr 508 af 02/10/1984)
        Regulation relative to control with contagious diseases with bivalve mollusc (1997). (Bekendtgørelse om kontrol med overførbare sygdomme hos toskallede bløddyr BEK nr 780 af 15/10/1997)
        Act relative to organic farming (1999, as amended in 2001). (LOV nr 118 af 03/03/1999 Økologilov, som ændret ved lov nr. 279 af 25/04/2001 § 2).
        Regulation relative to organic aquaculture (2004). (Bekendtgørelse om økologisk akvakulturbrug, BEK nr. 114 af 23/02/2004)
        Regulation on feed for organic aquaculture (2004). (Bekendtgørelse om foderstoffer til anvendelse i økologisk akvakulturbrug, BEK nr. 115 af 23/02/2004, som ændret v. BEK nr. 598 af 21/06/2004)
        Environment Protection Act (2001, as amended in 2004)
        Regulation relative to fresh water fish farms (1998). (Bekendtgørelse om ferskvandsdambrug BEK nr 204 af 31/03/1998)
        Regulation relative to marine aquaculture (1990). (Bekendtgørelse om saltvandsbaseret fiskeopdræt (Havbrugsbek) BEK nr 640 af 17/09/1990)
        The waste water permits regulation (1999). (Bekendtgørelse om spildevandstilladelser m.v. efter miljøbeskyttelseslovens kapitel 3 og 4 BEK nr 501 af 21/06/1999)
        The approval regulation (2004). (Bekendtgørelse om godkendelse af listevirksomhed (godkendelsesbekendtgørelsen)1) BEK nr 943 af 16/09/2004)
        Regulation on the approval of the release to the environment of genetically modified organisms (2002). (Bekendtgørelse om godkendelse af udsætning i miljøet af genetisk modificerede organismer BEK nr 831 af 03/10/2002)
        Act relative to planning (2002, as amended in 2004). (Bekendtgørelse af lov om planlægning LBK nr 883 af 18/08/2004)
        Regulations on supplementary rules (1999). (Bekendtgørelse om supplerende regler i medfør af lov om planlægning BEK nr 428 af 02/06/1999)
        Act relative to coastal protection (1994, as amended in 2004). (Lov om kystbeskyttelse LBK nr. 243 af 5. april 1994, som ændret ved LOV nr. 145 af 25/03/2004)
        Regulations relative to EIA regarding plants on the ocean territory. (Bekendtgørelse om miljømæssig vurdering af anlæg på søterritoriet (VVM) BEK nr 128 af 11/03/1999)
        Act relative to The Fisheries Bank of Denmark (2001). (Bekendtgørelse af lov om Kongeriget Danmarks Fiskeribank, LBK nr 92 af 08/02/2001)
        Regulation on Statutes of The Fisheries Bank of Denmark (1999). (Vedtægt for Kongeriget Danmarks Fiskeribank, BEK nr. 9759 af 18/05/1999)
        Act on on structural Assistance in the Fisheries Sector (2001, as amended in 2002). (Bekendtgørelse af lov om strukturforanstaltninger vedrørende fiskerisektoren, LBK nr. 316 af 03/05/2001, as amended in 2002)
        Regulation on Funding for establishing and modernizing Aquaculture Facilities (2001). (Bekendtgørelse om tilskud til etablering og modernisering af akvakulturanlæg, BEK nr. 11 af 12/01/2001)
        Related resources

        faolexSearch parameters: country=DNK, Keywords=aquaculture;mariculture
        Records Returned: 55
        Title of textDate of textConsolidated dateEntry into forceCountries
        Order No. 91 on investment subsidy for aquaculture, fishing vessels and processing of commercial fishery activities.2017-01-251 February 2017.Denmark

        Fisheries Act.2017-01-04Denmark

        Maritime and Fisheries Fund Act (No. 19 of 2017).2017-01-041 February 2017.Denmark

        Order No. 1788 repealing certain regulations in The Danish Agrifish Agency sector.2015-12-16Entry into force on 1 January 2016.Denmark

        Order No. 1451 on the use of mariculture feed types.2015-12-0731 December 2015.Denmark

        Order No. 1324 on monitoring and controlling certain infectious diseases in aquatic organisms.2015-11-261 December 2015.Denmark

        Order No. 1219 on subsidy for joint efforts in aquaculture.2015-10-291 November 2015.Denmark

        Order No. 1116 on financial subsidy to initiatives in fishery and aquaculture sectors.2015-09-2123 September 2015.Denmark

        Order No. 1086 on subsidy for innovative projects for the processing and marketing of fish, fishery and aquaculture products.2015-09-1517 September 2015. Provisions under section 2 shall be valid for agreements and applications thereof yet not completed by 16 September 2015.Denmark

        Order No. 511 on the functions and powers of the Ministry of Food, Agriculture and Fisheries.2015-04-231 May 2015.Denmark

        Order No. 205 on access to fishing in Danish waters up to 12 nautical miles from the baseline.2015-02-251 March 2015.Denmark

        Order No. 164 on veterinary controls on import of animal-originating food and on penalties for infringement of related EU legislation.2015-02-1923 February 2015.Denmark

        Order no. 105 on subsidy for investment in aquaculture.2015-01-294 February 2015.Denmark

        Order No. 1261 on Green Development and Demonstration Programme (GDDP).2014-11-241 January 2015.Denmark

        Guidelines No. 9582 on subsidy to promote fisheries through projects on traceability.2014-08-07Denmark

        Order No. 910 on subsidy to promote fisheries through projects on traceability.2014-08-0512 August 2014.Denmark

        Order No. 558 on the functions and powers of the Ministry of Food, Agriculture and Fisheries.2014-05-2815 June 2014.Denmark

        Guidelines for the approval of aquaculture water supply in connection to IPN and BKD health status as Category I or II.2014-05-01Denmark

        Order No. 220 on veterinary controls on import of animal-originating food and on penalties for infringement of related EU legislation.2014-03-1015 March 2014. Regulations regarding colostrum and colostrum-based products (Appendices 3-4, 15) enter into force 26 March 2014.Denmark

        Guidelines for applications for subsidy for innovative projects related to the processing and marketing of fish, fishery and aquaculture products (No. 9041 of 2014).2014-01-29Denmark

        Order No. 25 on veterinary controls on import of animal-originating food and on penalties for infringement of related EU legislation.2014-01-1320 January 2014.Denmark

        Order No. 967 on the monitoring and recording of Infectious pancreatic necrosis (IPN) and Bacterial Kidney Disease (BKD).2013-07-181 August 2013.Denmark

        Order No. 968 on monitoring and controlling certain infectious diseases in aquatic organisms.2013-07-181 August 2013.Denmark

        Order No. 965 on authorization and operation of farms and on the turnover of aquatic organisms and products.2013-07-181 August 2013. The provisions regarding the requirements for obtaining the approval of aquaculture farming (art. 5) shall enter into force on 31 December 2013.Denmark

        Order No. 308 on the functions and powers of the Ministry of Food, Agriculture and Fisheries.2013-03-201 April 2013.Denmark

        Order No. 140 on subsidies for certain protection measures to develop aquatic fauna and flora.2013-02-12Entry into force on 14 February 2013.Denmark

        Order No. 1300 on reporting information on Danish aquaculture.2012-12-17Entry into force on 1 January 2013.Denmark

        Order No. 1203 on Food Administration Authority's functions and powers.2012-12-13Entry into force on 1 January 2013.Denmark

        Order No. 1022 on assessment criteria for municipal projects regarding watercourse restauration.2012-10-301 November 2012.Denmark

        Order No. 1019 on subsidies for municipal projects regarding watercourse restoration.2012-10-291 November 2012.Denmark

        Order No. 715 on veterinary controls on import of animal-originating food and on penalties for infringement of related EU legislation.2012-06-27Entry into force on 1 July 2012.Denmark

        Order No. 670 on Food Administration Authority's functions and powers.2012-06-25Entry into force on 1 July 2012.Denmark

        Order No. 396 on import of food with special restrictions and penalties for violation of various acts of the EU legislation.2012-04-26Entry into force on 10 May 2012.Denmark

        Order No. 306 on administrative operation of Local Action Groups pursuing the fisheries development programme for 2007-2013, and delegation of certain land district administrative powers in adherence to the fishery and aquaculture development Act.2012-03-29Entry into force on 2 April 2012.Denmark

        Order No. 308 on subsidy for projects of fisheries development and delegation of certain ministerial administrative tasks in adherence to the development of fishery and aquaculture.2012-03-29Entry into force on 2 April 2012.Denmark

        Order No. 176 on subsidies for conversion to organic aquaculture production and their animal health measures.2012-02-28The Order enters into force on 1 March 2012.Denmark

        Order No. 1013 on mussels.2011-10-19This Order enters into force on 6 November 2011.Denmark

        Order No. 973 on CHR registration of herds.2011-09-28This Order enters into force on 1 October 2011.Denmark

        Order No. 35 on repealing the Order on subsidies to promote energy efficiency in commercial fisheries and aquaculture sector.2011-01-19Denmark

        Order No. 260 on financial subsidy to initiatives in fishery and aquaculture sectors.2010-03-2427 March 2010.Denmark

        Order no. 212 on subsidy for the establishment and modernization of aquaculture.2010-03-09Entry into force on 12 March 2010.Denmark

        Act on Green Development and Demonstration Program (No. 1502 of 2009).2009-12-27The Minister for Food, Agriculture and Fisheries determines date of entry of the Act.Denmark

        Order No. 1317 on subsidy for innovative projects for the processing and marketing of fish, fishery and aquaculture products.2009-12-1621 December 2009.Denmark

        Fisheries Act (No. 978 of 2008).2008-09-26The Minister of Food, Agriculture and Fisheries will determine entry into force of this Act.Denmark

        Order No. 1588 the use of feed types by mariculture.2007-12-11The Order enters into force on 3 September 2007.Denmark

        Fishery development and aquaculture Act (No. 1552 of 2006).2006-12-20Entry into force of the Law shall be determined by the Minister for Food, Agriculture and Fisheries. The Minister shall determine the date of repeal of the Act No. 316 of 3 May 2001, or parts thereof.Denmark

        Fisheries Act (No. 828 of 2004).2004-07-31Entry into force shall be decided by the Minister for Food, Agriculture and Fisheries.Denmark

        Order No. 299 on the health advisory agreements for aquaculture facilities.2004-04-29The Order enters into force on 10 May 2004.Denmark

        Act relative to structural measures in the fisheries sector.2001-05-13Denmark

        Act on structural methods in the fishing sector (No. 316 of 2001).2001-05-03Denmark

        Act on the Kingdom of Denmark Fishing Bank (No. 92 of 2001).2001-02-08Denmark

        Fisheries Act (No. 281 of 1999).1999-05-12Entry into force shall be decided by the Minister of Food, Agriculture and Fisheries.Denmark

        Order No. 508 on the control of transmissible diseases in freshwater fish.1984-10-02Denmark

        Notification No. 104 relative to the control of oysters.1984-03-22Denmark

        Notification No. 22 on the control of infectious diseases in freshwater fish.1970-01-28Denmark

        Related links
        Country profiles: Denmark
         
        Powered by FIGIS