The Flavourings in Food (Scotland) Regulations 2010

Amendments to the Food Labelling Regulations 1996

7.—(1) The Food Labelling Regulations 1996(1) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “the additives regulations” substitute—

““the additives regulations” means the Food Additives (Scotland) Regulations 2009(2), Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives(3) and Regulation 1334/2008 on food flavourings;”;

(b) for the definition of “flavouring” when used as a noun substitute—

“the noun “flavouring” bears the same meaning as “flavourings” as defined in Article 3(2)(a) of Regulation 1334/2008 on food flavourings;”;

(c) omit the definitions of “flavouring preparation”, “flavouring substance”, “process flavouring” and “smoke flavouring”; and

(d) after the definition of “recommended daily allowance” insert the following definition:—

““Regulation 1334/2008 on food flavourings” means Regulation (EC) No. 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No. 1601/91, Regulations (EC) No. 2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC(4);”.

(3) In regulation 14 (names of ingredients)—

(a) for paragraph (5) substitute—

“(5) Subject to paragraph (5A) and to regulation 34B, where an ingredient being a flavouring is added to or used in a food it shall be identified by either—

(a) the word “flavouring” or, where more than one such ingredient is used, “flavourings”, or

(b) a more specific name or description of the flavouring; or

(c) the expression “smoke flavouring(s)” or “smoke flavouring(s) produced from (insert name of food or food category or source)” if the flavouring component contains smoke flavouring as defined by Article 3(2)(f) of Regulation 1334/2008 on food flavourings and imparts a smoky flavour to the food.”;

(b) for paragraph (6) substitute—

“(6) The word “natural” to describe an ingredient being a flavouring may only be used in accordance with Article 16 of Regulation 1334/2008 on food flavourings as read with Article 30 of that Regulation.”; and

(c) omit paragraphs (7) and (8).

(4) Omit regulation 49(13) and (14).

(1)

S.I. 1996/1499; amended by S.I. 1998/1398, 1999/747, 1136 and 1483 and S.S.I. 2000/83, 2002/524, 2003/578, 2004/269, 395 and 472, 2005/456 and 222, 2007/534, 2008/129, 180 and 395, 2009/328, 374 and 435 and 2010/48 and 327.

(2)

S.S.I. 2009/436.

(3)

O.J. L 354, 31.12.2008, p.16.

(4)

O.J. L 354, 31.12.2008, p.34.