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

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, further amend the Food Labelling Regulations 1996 (S.I. 1996/1499) (“the principal Regulations”) as amended which extend to the whole of Great Britain.

The Regulations implement Directive 2003/89/EC of the European Parliament and of the Council amending Directive 2000/13 as regards indication of the ingredients present in foodstuffs (O.J. No. L 308, 25.11.03, p.15).

The Regulations–

(a) 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);

(b) provide for exemptions in the case of food which is not prepacked, food which is prepacked for direct sale and fancy confectionery products (regulations 10 and 11);

(c) 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));

(d) make adjustments to the detailed rules regarding the order in which ingredients are to be listed (regulation 5);

(e) add a further ingredient to those which do not need to be named (regulation 8(b));

(f) make consequential amendments (regulations 3(b), 6, 7(a), 8(a), 9 and 15); and

(g) contain a transitional provision (regulation 13).

Article 13(4) of Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (O.J. No. L 109, 6.5.2000, p.29), exempts small packages and certain indelibly marked glass bottles 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). The Regulations were accordingly notified in draft to the European Commission under Directive 98/34/EC of the European Parliament and of the Council (O.J. No. L 204, 21.7.98, p.37) as amended by Directive 98/48/EC of the European Parliament and of the Council (O.J. No. L 217, 5.8.98, p.18).

A regulatory impact assessment, which includes a compliance cost assessment of the effect which these Regulations would have on business costs, has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Food Standards Agency, 6th Floor, St. Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.