Title, application and commencement

1. These Regulations may be cited as the Food Labelling (Nutrition Information) (England) Regulations 2009, apply in relation to England only and come into force on 30th October 2009.

Amendment of the Food Labelling Regulations 1996

2.–(1) The Food Labelling Regulations 1996(4) are amended in accordance with paragraphs (2) to (4) and regulation 3.

(2) In regulation 2(1) (interpretation)–

(a) in the definition of Directive 90/496 after the words "Commission Directive 2003/120/EC" insert "and Commission Directive 2008/100/EC"; and

(b) after the definition of "fat" insert the following–

""fibre", in the context of nutrition labelling, means carbohydrate polymers with three or more monomeric units, which are neither digested nor absorbed in the human small intestine and belong to the following categories:

- edible carbohydrate polymers naturally occurring in the food as consumed;

- edible carbohydrate polymers which have been obtained from food raw material by physical, enzymatic or chemical means and which have a beneficial physiological effect demonstrated by generally accepted scientific evidence; or

- edible synthetic carbohydrate polymers which have a beneficial physiological effect demonstrated by generally accepted scientific evidence;".

(3) In Schedule 6, Part II –

(a) as Table A (vitamins in respect of which claims may be made) substitute the table of entries set out in Schedule 1 to these Regulations; and

(b) as Table B (minerals in respect of which claims may be made) substitute the table of entries set out in Schedule 2 to these Regulations.

(4) In Schedule 7, Part I, paragraph 5 –

(a) at the end of sub-paragraph (g) for the full stop substitute a semi-colon; and

(b) after sub-paragraph (g) add the following sub-paragraphs –

"(h) 1 gram of fibre shall be deemed to contribute 8 kJ (2 kcal);

(i) 1 gram of erythritol shall be deemed to contribute 0 kJ (0 kcal)."

Transitional provision

3. In regulation 50 (transitional provision), after paragraph (15) add the following as paragraph (16) –

"(16) In any proceedings for an offence under regulation 44(1)(b) it shall be a defence to prove that –

(a) the food concerned –

(i) if sold, was sold before the 31st October 2012, and

(ii) if advertised for sale, was advertised for sale before 31st October 2012 but not on or after that date; and

(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2 of the Food Labelling (Nutrition Information) (England) Regulations 2009(5) had not been in operation when the food was sold or advertised, as the case may be."

Regulation 2(3)(a)

SCHEDULE 1 Table of entries to be substituted as Table A (vitamins in respect of which claims may be made) in Schedule 6, Part II, to the Food Labelling Regulations 1996

Regulation 2(3)(b)

SCHEDULE 2 Table of entries to be substituted as Table B (minerals in respect of which claims may be made) in Schedule 6, Part II, to 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. The principal Regulations extend to the whole of Great Britain.

2. These Regulations implement in England Commission Directive 2008/100/EC amending Council Directive 90/496/EEC on nutrition labelling for foodstuffs as regards recommended daily allowances, energy conversion factors and definitions (OJ No. L285, 29.10.2008, p.9) ("the Commission Directive").

3. The Regulations implement the Commission Directive by amending the principal Regulations so as to –

(a) include a definition of "fibre" (regulation 2(2));

(b) amend the lists of vitamins and minerals in respect of which nutrition claims may be made, both as regards the substances included and the recommended daily allowances (regulation 2(3) and Schedules 1&2);

(c) provide conversion factors for calculating the energy value of fibre and erythritol (regulation 2(4)); and

(d) provide for a transitional period for the phasing in of the new provisions (regulation 3).

4. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Nutrition Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.