The Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2008

Citation and commencement

1.  These Regulations may be cited as the Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2008 and come into operation on 31st May 2008.

Amendment of the Food Labelling Regulations (Northern Ireland) 1996

2.—(1) The Food Labelling Regulations (Northern Ireland) 1996(1) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation), in the definition of Directive 2000/13 for the words from “Commission Directive 2005/26/EC” to the end substitute “Commission Directive 2007/68/EC amending Annex IIIa to Directive 2000/13/EC of the European Parliament and of the Council as regards certain food ingredients;”(2).

(3) In regulation 13(8)(c) —

(a) omit “paragraphs 1 to 11 of”; and

(b) omit the passage beginning “other than” and ending “that allergenic ingredient”.

(4) In regulation 34B(1) —

(a) for “paragraphs (2) and (3)” substitute “paragraph (2)”; and

(b) omit “paragraphs 1 to 11 of”.

(5) In regulation 34B(2)(b) —

(a) omit “subject to paragraph (3) of this regulation,”; and

(b) omit “paragraphs 1 to 11 of”.

(6) In regulation 50 (transitional provision), after paragraph (14) insert —

“(15) In any proceedings for an offence under regulation 44(a) it shall be a defence to prove that —

(a) the food concerned was sold before 31st May 2009 or marked or labelled before 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 (Declaration of Allergens) Regulations (Northern Ireland) 2008 had not been in operation when the food was sold”.

(7) For Schedule AA1 substitute Schedule AA1 as set out in the Schedule to these Regulations.

Revocations

3.  The following Regulations or provisions are revoked —

(a) Regulation 34B(3) of, and Schedule 2A to, the Food Labelling Regulations (Northern Ireland) 1996;

(b) The Food Labelling (Amendment No.2) Regulations (Northern Ireland) 2005(3);

(c) The Food Labelling (Amendment No.2) (Amendment) Regulations (Northern Ireland 2005(4); and

(d) The Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2007(5).

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 2nd May 2008.

Don Hill

A senior officer of the Department of Health, Social Services and Public Safety