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2004 No. 2824

FOOD, ENGLAND

The Food Labelling (Amendment) (England) (No. 2) Regulations 2004

  Made 20th October 2004 
  Laid before Parliament 5th November 2004 
  Coming into force 26th November 2004 

The Secretary of State, in exercise of the powers conferred by sections 16(1)(e) and (f), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990[1] and now vested in him[2], having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council[3] laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety and in accordance with section 48(4) and (4B) of that Act, makes the following Regulations:

Title, application and commencement
     1. These Regulations may be cited as the Food Labelling (Amendment) (England) (No. 2) Regulations 2004; they apply in relation to England only and come into force on 26th November 2004.

Amendment of the Food Labelling Regulations 1996
    
2. The Food Labelling Regulations 1996[4] shall be amended (in so far as they apply in relation to England) in accordance with regulations 3 to 15.

     3. In regulation 2(1) (interpretation)  - 

     4. In regulation 3(1A) (exemptions) after sub-paragraph (a) the word "or" shall be omitted and there shall be inserted the following sub-paragraph  - 

     5. In regulation 13 (order of list of ingredients), for paragraph (5) there shall be substituted the following paragraphs  - 

     6. In regulation 14 (names of ingredients)  - 

     7. In regulation 15 (compound ingredients)  - 

     8. In regulation 17 (ingredients which need not be named)  - 

     9. In regulation 18 (foods which need not bear a list of ingredients)  - 

     10. In regulation 23 (food which is not prepacked and similar food, and fancy confectionery products) after paragraph (2) there shall be inserted the following paragraph  - 

     11. In regulation 27(1) (certain food sold at catering establishments), for the words "regulations 32, 33 and 34" there shall be substituted the words "regulations 32, 33, 34 and 34B".

    
12. After regulation 34A (drinks with high caffeine content), there shall be inserted the following regulation  - 

     13. In regulation 50 (transitional provision), there shall be inserted at the end the following paragraph  - 

     14. Immediately before Schedule A1, there shall be inserted as Schedule AA1 the contents of the Schedule to these Regulations.

    
15. In Schedule 3 (generic names in list of ingredients), in Part I (general) the entries relating to "Crystallised fruit" and "Vegetables" shall be omitted.



Signed by authority of the Secretary of State for Health


Melanie Johnson
Parliamentary Under Secretary of State, Department of Health

20th October 2004



SCHEDULE
Regulation 14


NEW SCHEDULE AA1 TO BE INSERTED IN THE FOOD LABELLING REGULATIONS 1996




EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations further amend the Food Labelling Regulations 1996 ("the principal Regulations") in so far as they apply in relation to England. Those Regulations extend to the whole of Great Britain. These Regulations implement in England Directive 2003/89/EC of the European Parliament and of the Council (OJ No. L308, 25.11.2003, p.15) amending Directive 2000/13/EC as regards indication of the ingredients present in foodstuffs.

     2. The Regulations require that in the case of food containing any allergenic ingredient (as defined in regulation 3(a) and the Schedule) or an ingredient originating from an allergenic ingredient referred to in paragraphs 1 to 11 of the Schedule, the food be marked or labelled with a clear reference to the name of the allergenic ingredient concerned (regulations 12 and 14). There are exemptions in the case of food which is not prepacked, food which is prepacked for direct sale and fancy confectionery products (regulations 10(b) and 11).

     3. By virtue of Article 13(4) of Directive 2000/13/EC of the European Parliament and of the Council (OJ No. L109, 6.5.2000, p.29) on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, small packages and certain indelibly marked glass bottles are exempt from the allergen labelling requirements of Directive 2003/89/EC. The Regulations extend the allergen labelling requirements to such packages and bottles as a national measure (regulation 26 of the principal Regulations and regulations 4 and 12 of these Regulations refer). The Regulations were accordingly notified in draft to the European Commission under Directive 98/34/EC of the European Parliament and of the Council (OJ No. L204, 21.7.98, p.37) laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18).

     4. Also in implementation of Directive 2003/89/EC, the Regulations remove the previous exemption from ingredient listing in the case of the ingredients of a compound ingredient which constituted less than 25 per cent of the finished product, whilst providing a limited exemption for some compound ingredients constituting less than 2 per cent of the finished product (regulation 7(b) and (c)). The Regulations make some other adjustments to the detailed rules regarding the order in which ingredients are to be listed (regulation 5) and add a further ingredient to those which do not need to be named (regulation 8(b)). The Regulations make some consequential amendments (regulations 3(b), 6, 7(a), 8(a), 9 and 15) and contain a transitional provision (regulation 13).

     5. A full regulatory impact assessment of the effect that these Regulations will have on the costs of business has been prepared and placed in the Library of each House of Parliament together with a Transposition Note setting out how the main elements of Directive 2003/89/EC are transposed in these Regulations. Copies may be obtained from the Consumer Choice, Food Standards and Special Projects Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.


Notes:

[1] 1990 c. 16.back

[2] Functions formerly exercisable by "the Ministers" (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28) and paragraphs 12 and 21 of that Schedule amend respectively sections 17(1) and 48 of the 1990 Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) as read with section 40(2) of the 1999 Act. Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend existing Regulations made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the 1990 Act.back

[3] OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4).back

[4] S.I. 1996/1499; the relevant amending instruments are S.I. 1998/1398, 1999/747, 1136, 1483, 2000/768, 2254, 2003/474, 2647, 2004/2145.back

[5] OJ No. L109, 6.5.2000, p.29, as corrected by a Corrigendum (OJ No. L124, 25.5.2000, p.66).back

[6] OJ No. L310, 28.11.2001, p19.back

[7] OJ No. L305, 7.11.2002, p.19.back

[8] OJ No. L236, 23.9.2003, p.33.back

[9] OJ No. L308, 25.11.2003, p.15).back

[10] OJ No. L69, 16.3.1999, p.22.back

[11] OJ No. L191, 19.7.2002, p.20.back



ISBN 0 11 050030 X


  © Crown copyright 2004

Prepared 4 November 2004


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