The Food Labelling Amendment (Scotland) Regulations 2005

Scottish Statutory Instruments

2005 No. 222

FOOD

The Food Labelling Amendment (Scotland) Regulations 2005

Made

20th April 2005

Laid before the Scottish Parliament

21st April 2005

Coming into force

20th May 2006

The Scottish Ministers, 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 of all other powers enabling them in that behalf, having had regard in accordance with section 48(4A)(2) of that Act to relevant advice given by the Food Standards Agency, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Food Labelling Amendment (Scotland) Regulations 2005 and shall come into force on 20th May 2006.

(2) These Regulations extend to Scotland only.

Amendment of the Food Labelling Regulations 1996

2.  The Food Labelling Regulations 1996(3) are amended in accordance with regulations 3 to 8.

3.  In regulation 2(1) (interpretation), in the definition of “Directive 94/54”(4), insert at the end “and Commission Directive 2004/77/EC(5)”.

4.  In regulation 23(2A) (food which is not prepacked and similar food, and fancy confectionery products)(6), insert at the end “or regulation 34C”.

5.  In regulation 26 (small packages and certain indelibly marked bottles), in paragraphs (1)(a)(ii) and (3A), for “regulations 33 and 34”(7), substitute “regulations 33, 34 and 34C”.

6.  In regulation 27(1) (certain food sold at catering establishments)(8), for “regulations 32, 33, 34 and 34B”, substitute “regulations 32, 33, 34, 34B and 34C”.

7.  After regulation 34B (foods containing allergenic ingredients or ingredients originating from allergenic ingredients), insert–

“Confectionery and drinks containing glycyrrhizinic acid or its ammonium salt

34C.— (1) This regulation applies to any confectionery or drink which contains glycyrrhizinic acid or its ammonium salt as a result of the addition of that acid or salt as such or of the liquorice plant Glycyrrhiza glabra, and references in this regulation to “relevant concentration” are to the concentration of that acid or salt in the food–

(a) manufactured as ready for consumption; or

(b) if it is not so manufactured, as reconstituted according to its manufacturer’s instructions.

(2) In the case of–

(a) any confectionery which contains a relevant concentration of at least 100 mg/kg but less than 4 g/kg;

(b) any drink which contains more than 1.2 per cent by volume of alcohol and a relevant concentration of at least 10 mg/1 but less than 300 mg/1; and

(c) any drink which contains no, or no more than, 1.2 per cent by volume of alcohol and which contains a relevant concentration of at least 10 mg/1 but less than 50 mg/1,

that food shall be marked or labelled with the indication “contains liquorice”, unless the term “liquorice” appears in the list of ingredients or in the name of the food.

(3) In the case of–

(a) any confectionery which contains a relevant concentration of at least 4 g/kg;

(b) any drink which contains more than 1.2 per cent by volume of alcohol and a relevant concentration of at least 300 mg/1; and

(c) any drink which contains no, or no more than, 1.2 per cent by volume of alcohol and which contains a relevant concentration of at least 50 mg/1,

that food shall be marked or labelled with the indication “contains liquorice – people suffering from hypertension should avoid excessive consumption”.

(4) The indications required by paragraphs (2) and (3) of this regulation shall appear immediately after the list of ingredients or, in the absence of such a list, near the name of the food.”.

8.  In regulation 50 (transitional provision)(9), insert at the end–

“(13) In any proceedings for an offence under regulation 44(1)(a), it shall be a defence to prove that–

(a) the food concerned was marked or labelled before 20th May 2006; and

(b) the matters constituting the alleged offence would not have constituted an offence under the Food Labelling Regulations 1996 if the amendments made by the Food Labelling Amendment (Scotland) Regulations 2005(10) had not been in force when the food was sold.”.

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

20th April 2005

Explanatory Note

(This note is not part of the Regulations)

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

The Regulations implement Commission Directive 2004/77/EC amending Directive 94/54/EC as regards the labelling of certain foods containing glycyrrhizinic acid and its ammonium salt (O.J. No. L 162, 30.4.04, p.76). Glycyrrhizinic acid occurs naturally in the liquorice plant, and its ammonium salt is manufactured from aqueous extracts of that plant.

The Regulations–

(a) require confectionery and drinks containing certain levels of that acid or salt to be labelled with the indication “contains liquorice” and for this to be coupled with a warning in certain cases (regulation 7);

(b) provide exemptions from these labelling requirements in the case of food which is not prepacked, food which is prepacked for direct sale, fancy confectionery products, small packages and certain indelibly marked glass bottles (regulations 4 to 6);

(c) contain a transitional provision (regulation 8); and

(d) amend the definition of “Directive 94/54” (regulation 3).

A full Regulatory Impact Assessment of the effect that these Regulations are likely to have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), Labelling Division, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.

(1)

1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; sections 16(1) and 48(1) were amended by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), Schedule 5, paragraph 8; section 17(1) was amended by the 1999 Act, Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, Schedule 6; section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C), inserted by S.I. 2004/2990; amendments made by Schedule 5 of the 1999 Act shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c. 46) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. Insofar as not so transferred, those functions under sections 16(1), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990 were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).

(2)

Section 48(4A) was inserted by the 1999 Act, Schedule 5, paragraph 21.

(3)

S.I. 1996/1499; relevantly amended by S.I. 1998/1398, 1999/747, 1136 and 1483 and S.S.I. 2000/83, 2002/524, 2003/578 and 2004/472.

(4)

This definition was inserted by S.I. 1998/1398 and relevantly amended by S.S.I. 2003/578.

(5)

O.J. No. L 162, 30.4.04, p.76.

(6)

Regulation 23(2A) was inserted by S.I. 2004/472.

(7)

As inserted by S.I. 1999/747 and 1483 respectively.

(8)

Relevantly amended by S.S.I. 2004/472.

(9)

Relevantly amended by S.I. 1998/1398, 1999/747, 1136 and 1483 and S.S.I. 2000/83, 2003/578 and 2004/472.

(10)

S.S.I. 2005/ 222.