It appears that in Ireland it can be.
Three days of Court cases as reported by the Irish Times:
Friday March 20th
Fish supplier guilty of breaching legislation
Tuesday March 24th
‘Wild’ salmon sold at Wrights was farmed, court told
Wednesday March 25th
Charges against Wrights of Howth are dismissed
The final report from the Irish Times quotes:
Judge Ann Watkin said she was satisfied Wrights of Howth, Galway Ltd, had offered for sale packets of salmon labelled “Irish smoked wild salmon” at Dublin airport in April 2007 which contained salmon that had been bred and raised in cages to the point of harvesting and had been owned by someone.
“However, I am not satisfied I have sufficient evidence in this case that the salmon was farmed within the meaning of the Act.”
She said because the Food Safety Authority of Ireland (FSAI) had, in its charge against Wrights of Howth and two of its directors, specified the salmon had been “in fact farmed…they must prove it was farmed within the definition of the Act”.
Referring to European Council Regulation 1198/2006 on the European Fishery Fund, she said the FSAI had not proved salmon bred and grown “generally” in Irish “fish farms” were cultivated using techniques that would identify them as “farms” under the terms of the regulation.
Fish farming, or aquaculture, in the regulation is defined as “the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms beyond the natural capacity of the environment”.
She said she was “impressed” by the FSAI’s argument that according to Irish regulations salmon for sale must be identified as having been caught at sea, in an inland waterway or farmed, and that the salmon in the packets seized at the airport in April 2007 was caught neither at sea nor inland. She said this was a “very compelling argument”.
Is this a case where the “Law is an A***” or ………?
Please read these reports and do put a comment below to help us understand the significance of the Judge’s decision.