14.—(1) Article 2 is renumbered as article 2(1).
(2) In the renumbered article 2(1)—
(a)before the definition of “meat” insert—
““mass caterer” means any establishment (including a vehicle or a fixed or mobile stall), such as restaurants, canteens, schools, hospitals and catering enterprises in which, in the course of a business, food is prepared to be ready for consumption by the final consumer;”; and
(b)after the definition of “the Order of 1981” insert—
““pre-packed”, in relation to food to which this Order applies, means either or both of—
made up for direct sale (within the meaning of Article 2(2)(e) of the FIC Regulation(1) by way of retail;
made up in advance ready for retail sale in an open container;
“relevant wholesale”, in relation to food to which this Order applies, means a sale by way of wholesale, but does not include any of the following:
a sale to a mass caterer;
a supply of food that is prepacked food within the meaning of the FIC Regulation intended for sale to the final consumer or to a mass caterer, or any other supply of food that is made up in advance ready for retail sale in an open container; or
a supply to which Article 8(8) of the FIC Regulation(2) applies;”.
(3) After the renumbered article 2(1) insert—
“(2) References in this Order to items being “loose” include items packed at the request of the customer.”
The FIC Regulation means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as defined in Article 2(2) of the Weights and Measures (Northern Ireland) Order 1981
Article 8 (8) of the FIC Regulation sets out the application of the FIC Regulation to food business operators that supply food not intended for the final consumer or mass caterers to other food business operators . In those circumstances, sufficient information must be provided to the recipient food business operator to enable the food business operator to meet its obligations under Article 8 (2) of the FIC Regulation, which requires the food business operator to ensure the presence and accuracy of the food information in accordance with the applicable food information law and relevant national provisions