Publication - FOI/EIR release

Formaldehyde (Formalin) use on salmon farms since 1 Jan 2020: EIR release

Published: 17 May 2023
Directorate: Marine Directorate
Part of: Marine and fisheries, Public sector
FOI reference: FOI/202200303257
Date received: 31 May 2022
Date responded: 28 June 2022

Information request and response under the Environmental Information (Scotland) Regulations 2004

Information requested

Information on Formaldehyde (Formalin) use on salmon farms in Scotland since 1 January 2020.
Any data, emails, letters, complaints, objections, photos, videos and other information on Formaldehyde (Formalin) use on salmon farms since 1 January 2020.
Any information relating to a petition calling for a ban on Formaldehyde on salmon farms: https://you.38degrees.org.uk/petitions/stop-toxic-salmon-farm-chemicals-polluting-scottishlochs?fbclid=IwAR2njqXFqW7Bc7XjzfqrnrdapOZxzWTVPh8s_ttZdEjkjGhosnD-7N90bb0.
Any reaction or information relating to a report on Formaldehyde in Scottish salmon farming published in May 2021 by Fidra: https://www.bestfishes.org.uk/wpcontent/uploads/Formaldehyde-in-Scottish-Salmon-Farming-report-May-2021-Final.pdf.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response to your request

I enclose a copy of most of the information you requested in Annex A – “Index of enclosures”. This Annex has been split across three separate .pdf files, (a), (b) and (c), to comply with file size limits. Please note these separate files comprise the same Annex and release of information.

Some of the information you have requested is already available:

A published Environmental Information (Scotland) Regulations (2004) request, published on 1 September 2020 – Field trials of Imidacloprid (Ectosan/BMK08) by the salmon farming industry: EIR release - gov.scot (www.gov.scot).

Marine Scotland’s Fish Health Inspectorate may hold information of relevance to your request as part of their inspection activities associated with the surveillance programme for aquatic animal health within Scotland. The results and information relating to this surveillance are published on the Scottish Government website as part of an active publication plan – Publication of Fish Health Inspectorate information - gov.scot (www.gov.scot). Specific cases where use of formaldehyde by Scottish aquaculture was recorded by the FHI from 1 January 2020 to present are:

2020:

Case No: 2020-0010
Case No: 2020-0085
Case No: 2020-0096
Case No: 2020-0353
Case No: 2020-0345
Case No: 2020-0346
Case No: 2020-0347
Case No: 2020-0364
Case No: 2020-0395
Case No: 2020-0401
Case No: 2020-0402
Case No: 2020-0388
Case No: 2020-0392
Case No: 2020-0406
Case No: 2020-0480
Case No: 2020-0487
Case No: 2020-0491
Case No: 2020-0509
Case No: 2020-0488
Case No: 2020-0535

2021:

Case No: 2021-0063
Case No: 2021-0064
Case No: 2021-0102
Case No: 2021-0164
Case No: 2021-0247
Case No: 2021-0248
Case No: 2021-0254
Case No: 2021-0278
Case No: 2021-0243
Case No: 2021-0317
Case No: 2021-0334
Case No: 2021-0371
Case No: 2021-0458
Case No: 2021-0477
Case No: 2021-0478
Case No: 2021-0525
Case No: 2021-0538

2022:

Case No: 2022-0030
Case No: 2022-0080.

Attachment (“FOI202000109111 – Information released 2”) of a published Environmental Information Regulations (2004) request, published on 11 March 2021 – Information relating to mortalities at Loch Tralaig: EIR release - gov.scot (www.gov.scot).

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

Under regulation 10(4)(e) of the EIRs, we do not have to provide you with internal communications, subject to the ‘public interest test’. However, in specific reference to enclosure 03 “Scottish Government emails” within the attached Index of enclosures, while this information was previously released to you as part of a published Environmental Information (Scotland) Regulations (2004) request (published on 1 September 2020 – Field trials of Imidacloprid (Ectosan/BMK08) by the salmon farming industry: EIR release - gov.scot (www.gov.scot)), due to a publishing error this information was not published online for wider release to the public. Regulation 10(4)(e) is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of disclosing the information. Therefore, this information has been provided again and is registered as enclosure 03 “Scottish Government emails” within the attached Index of enclosures.

Under regulation 10(4)(e) of the EIRs, we do not have to provide you with internal communications, subject to the ‘public interest test’. In specific reference to enclosure 13 “Scottish Government emails” within the attached Index of enclosures, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of disclosing the information. Therefore, this information is registered as enclosure 13 “Scottish Government emails” within the attached Index of enclosures.

Under regulation 10(4)(e) of the EIRs, we do not have to provide you with internal communications, subject to the ‘public interest test’. In specific reference to enclosure 14 “Scottish Government emails” within the attached Index of enclosures, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of disclosing the information. Therefore, this information is registered as enclosure 14 “Scottish Government emails” within the attached Index of enclosures.

An exception under regulation 10(4)(e) (internal communications) of the EIRs applies to some of the information you have requested. The reasons why that exception applies are explained in the next section of this letter.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Therefore we are refusing your request for information relating to a report on formaldehyde in Scottish salmon farming published in May 2021 by Fidra under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the next section of this letter.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception under regulation 11(2) (personal data) of the EIRs applies to that information. Where the exception applies is highlighted in the Index of enclosures. This exception is not subject to the public interest test, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

As you are already aware, Formalin can be administered as a medicinal treatment or as a biocide e.g. for disinfection. SEPA licence activities under the Water Environment (Controlled Activities) (Scotland) Regulations 2011. The licence will specify the substances or products permitted to be used and may include conditions for use. SEPA will be able to advise you on any reporting requirements they have for Formalin and other chemicals/treatments used. You can find out further information on their website: https://www.sepa.org.uk/.

In addition to the above, Scotland’s Aquaculture website also provides information in relation to CAR licences and treatment reports: http://aquaculture.scotland.gov.uk/. In addition the following web links may also have information concerning chemical and medicine use which you may find of interest:

REASONS FOR NOT PROVIDING INFORMATION

Some of the information you requested is internal communications

Under the terms of the exception at regulation 10(4)(e) of the EIRs (internal communications), the Scottish Government is not required to provide internal communications.

This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in information release as part of open, transparent and accountable government. However, this is outweighed by the public interest in ensuring that unfinished or incomplete information which was still being developed is not disclosed when it might misinform the public or give a misleading impression of the Government’s view or position on the matter to which the information relates.

The Scottish Government does not have the information

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not hold the information you have requested relating to a report on Formaldehyde in Scottish salmon farming published in May 2021 by Fidra.

This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in any reaction or information relating to a report on formaldehyde in Scottish salmon farming published in May 2021 by Fidra, clearly we cannot provide information which we do not hold.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.