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The Food Information (Scotland) Regulations 2014

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Regulation 4(1)

SCHEDULE 1Mark to be used on minced meat to which the derogation in regulation 4 applies

PART 1The national mark

PART 2Specifications for the national mark

1.  Any type of font may be used for the national mark so long as it is clearly legible.

2.  Any colour font may be used for the national mark so long as it is easily visible.

3.  In the case of prepacked food, the font size used for the national mark must not be smaller than—

(a)in the case of packages and containers of a size to which Article 13(3) of FIC applies, the font size required for mandatory particulars under Article 13(3) of FIC; and

(b)in the case of other packages and containers, the font size required for mandatory particulars under Article 13(2) of FIC.

Regulation 7

SCHEDULE 2Foods that are not products to which regulation 7(1) applies

1.  Raw meat to which no ingredient other than proteolytic enzymes has been added.

2.  Frozen and quick-frozen chicken to which Article 15 of Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat(1) applies and the water content of which does not exceed the technically unavoidable values determined as provided for in that Article.

3.  Fresh, frozen and quick-frozen poultry cuts to which Article 20 of Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat applies and the water content of which does not exceed the technically unavoidable values determined as provided for in that Article 20.

4.  Sandwiches, filled rolls and filled products of a similar nature to sandwiches and filled rolls, which are ready for consumption without further processing, except for products containing meat which are sold under the name (whether or not qualified by other words) “burger”, “economy burger” or “hamburger”.

5.  Pizzas and similar topped products.

6.  Any food for which the name is “broth”, “gravy” or “soup”, whether or not qualified by other words.

7.  A food consisting of an assemblage of two or more ingredients that has not been subjected to any processing or treatment once it has been assembled, and which is sold to the final consumer as an individual portion intended to be consumed without further processing or treatment.

Regulations 1(2) and (3),2(1) and 10

SCHEDULE 3Specified FIC provisions

PART 1Specified FIC provisions applying on and from 13th December 2014

Relevant provision of FICProvisions to be read with the provisions of FIC
Article 6 (basic requirement for food information to accompany food)Articles 1(3) and the first paragraph of Article 54(1), and, as appropriate, the other Articles of FIC listed in column 1 and Articles 30(2) and (3)
Article 7(1) (prohibition on misleading information), except so far as it applies to misleading information relating to quantityArticles 1(3), 6 and 7(4) and the first paragraph of Article 54(1)
Article 7(2) (requirement for accurate, clear and easy to understand information)Articles 1(3), 6 and 7(4) and the first paragraph of Article 54(1)
Article 7(3) (prohibition on food information attributing health benefits to any food subject to certain derogations)Articles 1(3), 6 and 7(4) and the first paragraph of Article 54(1)
Article 8(2) (requirement for a food business operator to ensure the presence and accuracy of food information)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 8(3) (requirement for a food business operator not to supply non-compliant food)Articles 1(3) and the first paragraph of Article 54(1)
Article 8(4) (restrictions on the modification of information accompanying a food)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 8(5) (obligation to ensure and verify compliance with food information law etc.)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 8(6) (requirement to transmit information relating to non-prepacked foods)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 8(7) (requirement relating to the mandatory particulars required by Articles 9 and 10)Articles 1(3), 6, 9, 10 and the first paragraph of Article 54(1)
Article 8(8) (requirement for a food business operator to provide sufficient information to other food business operators)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 9(1)(a) (mandatory indication relating to the name of the food)Articles 1(3), 6, 9(2), 16(1) and (2), 17, 22(1)(a) and 40 and the first paragraph of Article 54(1), Annex VI and regulation 3
Article 9(1)(b) (mandatory indication relating to the list of ingredients)Articles 1(3), 6, 9(2), 11 and 16(1) and (2), the first paragraph of Article 16(4), Articles 18, 19(1), 20 and 40, and the first paragraph of Article 54(1), Annexes VI and VII and regulation 3
Article 9(1)(c) (mandatory indication relating to ingredients and processing aids causing allergies or intolerances)Articles 1(3), 6, 9(2), 11, 16(1) and (2), 18(1), 21(1) and 40 and the first paragraph of Article 54(1), Annex II and regulation 3
Article 9(1)(d) (mandatory indication relating to the quantity of certain ingredients or categories of ingredients)Articles 1(3), 6, 9(2), 11, 16(1) and (2), 22 and 40, and the first paragraph of Article 54(1), Annex VIII and regulation 3
Article 9(1)(f) (mandatory indication relating to date of minimum durability or the “use by” date)Articles 1(3), 6, 9(2), 16(1) and (2), 24 and 40 and the first paragraph of Article 54(1), points 1 and 2 of Annex X and regulation 3
Article 9(1)(g) (mandatory indication relating to any special storage conditions, the conditions of use, or both)Articles 1(3), 6, 9(2), 16(1) and (2), 25 and 40 and the first paragraph of Article 54(1) and regulation 3
Article 9(1)(h) (mandatory indication relating to the name or business name and address of the food business operator)Articles 1(3), 6, 8(1), 9(2), 16(1) and (2) and 40 and the first paragraph of Article 54(1) and regulation 3
Article 9(1)(i) (mandatory indication relating to country of origin or place of provenance)Articles 1(3), 6, 9(2), 16(1) and (2), 26(1) and (2), and 40, and the first paragraph of Article 54(1) and regulation 3
Article 9(1)(j) (mandatory indication relating to instructions for use)Articles 1(3), 6, 9(2), 16(1) and (2), 27 and 40 and the first paragraph of Article 54(1) and regulation 3
Article 9(1)(k) (mandatory indication relating to the actual alcoholic strength of beverages containing more than 1.2% by volume of alcohol)Articles 1(3), 6, 9(2), 11, 16(1) and (2) and 28, and the first paragraph of Article 54(1) and Annex XII
Article 10(1) (additional mandatory particulars for specific types of food)Articles 1(3) and 6 and the first paragraph of Article 54(1) and Annex III
Article 12(1) (availability and placement of mandatory food information)Articles 1(3) and 6 and the first paragraph of Article 54(1), and Article 12(2) for pre-packed foods, Articles 12(5) and 44 for non-prepacked foods and Articles 14 and 44 for foods offered for sale by means of distance communication
Article 13(1) (general requirement for the presentation of mandatory particulars)Articles 1(3) and 6, the first paragraph of Article 54(1) and, in the case of foods that are not prepacked etc. containing an allergenic substance or product etc., regulation 5
Article 13(2) (requirement relating to the presentation of mandatory particulars referred to in Article 9(1)(a) to (l))Articles 1(3) and 6, the first paragraph of Article 54(1) and Annex IV, and, in relation to Article 13(2) as it applies to the presentation of a mandatory nutrition declaration, the second paragraph of Article 55
Article 13(3) (font size of mandatory particulars on smaller packages)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 13(5) (field of vision requirements)Articles 1(3), 6, 13(6) and 16(1) and (2) and the first paragraph of Article 54(1)
Article 14(1) (distance selling of prepacked foods relating to mandatory food information available before conclusion of a purchase and mandatory particulars available at the moment of delivery)Articles 1(3), 6, 9 and 14(3) and the first paragraph of Article 54(1)
Article 14(2) (distance selling of non-prepacked foods)Articles 1(3), 6, 14(1) and 44 and the first paragraph of Article 54(1)
Article 15(1) (language requirements)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 17(1) (name of food)Articles 1(3), 6 and 9(1) and the first paragraph of Article 54(1) and regulation 4 and Schedule 1
Article 17(2) (use of the name used for food in member State of production in another member State: need for other descriptive information in addition to the name of the food in certain cases)Articles 1(3), 6, 9(1) and 17(1) and the first paragraph of Article 54(1)
Article 17(3) (prohibition in certain exceptional cases of the use of a name used for a food in a member State of production when marketing that food in another member State)Articles 1(3), 6, 9(1) and 17(1) and (2) and the first paragraph of Article 54(1)
Article 17(4) (prohibition against replacing the name of a food with another name)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 17(5), except so far as it applies to the specific requirements in Part B of Annex VI concerning the designation “minced meat” (requirements on the name of a food and particulars that must accompany it)Articles 1(3) and 6 and the first paragraph of Article 54(1) and Annex VI
Article 18(1) (list of ingredient requirements)Articles 1(3), 6, 18(4), 19(1) and 20, the first paragraph of Article 54(1), Annex VII, regulation (8) and the first paragraph of paragraph 5 of Article 3 of Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption(2)
Article 18(2) (requirement to designate ingredients by their specific name)Articles 1(3), 6, 17, 18(4) and 19(1), the first paragraph of Article 54(1) and Annexes VI and VII
Article 18(3) (requirement relating to nanomaterial ingredients)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 21(1) (requirements relating to certain substances or products that cause an allergy or intolerance)Articles 1(3), 6, 9(1)(c) and 18(1), the first paragraph of Article 54(1), Annex II and, in the case of foods that are not prepacked etc. containing an allergenic substance or product etc., regulation 5
Article 22(1) (requirement relating to the need to provide a quantitative indication of an ingredient)Articles 1(3), 6 and 22(2), the first paragraph of Article 54(1) and Annex VIII
Article 22(2) (technical rules for quantitative indication of ingredients.Articles 1(3), 6 and 22(1), the first paragraph of Article 54(1) and Annex VIII
Article 24(1), first sentence (requirement relating to “use by” dates)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 24(2) (requirement to express minimum durability date, “use by date” and date of freezing in a particular way)Articles 1(3) and 6, the first paragraph of Article 54(1) and Annex X
Article 25(1) (requirement for special storage conditions or conditions for use, or both, to be indicated on food)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 25(2) (requirement to indicate appropriate storage conditions or time within which food should be consumed after the packaging containing the food is opened or both)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 26(2)(a) (requirement for a mandatory indication relating to country of origin or place of provenance in certain cases, where failure to might mislead consumer)Articles 1(3) and 6, the first paragraph of Article 54(1) and Annex XI
Article 27(1) (instructions for food use indication)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 28(2) (alcoholic strength by volume indication for beverages containing more than 1.2% volume of alcohol)Articles 1(3) and 6, the first paragraph of Article 54(1) and Annex XII
Article 30(1) (content of mandatory nutrition declaration)Articles 1(3), 6, 29, 31(1) (as read with Annex XIV) and 31(3), the first paragraph of Article 31(4), Articles 32(1) (as read with Annex XV), 32(2), 33(1) and 35(1) and the first paragraph of Article 54(1)
Article 31(1) (conversion factors to be used for calculation of energy value)Articles 1(3) and 6, the first paragraph of Article 54(1) and Annex XIV
Article 31(3), first subparagraph (requirement for energy value and amounts of nutrients to be those of the foods as sold except as provided for in the second subparagraph of Article 31(3))Articles 1(3), 6 and 30(1) to (5) and the first paragraph of Article 54(1)
Article 31(4), first subparagraph (requirement for declared values to be average values based on a methodology set out in the first subparagraph of Article 31(4))Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 32(1) (requirement to use the measurement units listed in Annex XV for energy value and amount of nutrients)Articles 1(3) and 6, the first paragraph of Article 54(1) and Annex XV
Article 32(2) (energy value and amount of nutrients to be expressed per 100 grams or per 100 millilitres)Articles 1(3), 6, 33(1), (2) and (3), the first paragraph of Article 54(1) and Part B of Annex XIII
Article 32(3) (declaration relating to vitamins and minerals also to be expressed as a percentage of reference intakes per 100 grams or per 100 millilitres)Articles 1(3), 6 and 30(2)(f), the first paragraph of Article 54(1) and Part A of Annex XIII
Article 32(5) (requirement for additional statement relating to the reference intake of an average adult)Articles 1(3), 6 and 32(4) (as read with Part B of Annex XIII) and the first paragraph of Article 54(1)
Article 33(1) (requirements in cases where energy value and amount of nutrients may be expressed per portion, per consumption unit, or both per portion and per consumption unit, in addition to, or instead of, per 100 grams or per 100 millilitres)Articles 1(3), 6 and 32(2), (3) and (4) and the first paragraph of Article 54(1)
Article 33(2), second subparagraph (requirement for energy value to be expressed both per 100 grams or per 100 millilitres and per portion or consumption unit where information on energy, fat, saturates, sugars and salt is repeated voluntarily in the principal field of vision, and the amounts of the nutrients are expressed on a per portion or per consumption unit basis only)Articles 1(3), 6, 30(3)(b), 32(2), the first paragraph of Article 33(2) and the first subparagraph of Article 54(1)
Article 33(4) (requirement for the portion or unit used to be in close proximity to the nutrition declaration)Articles 1(3), 6 and 33(1) and the first paragraph of Article 54(1)
Article 34(1) (presentation of mandatory nutrition declaration and any supplementary information provided in accordance with Article 30(1) and (2) – field of vision, format and order of presentation)Articles 1(3), 6 and 30(1) and (2), the first paragraph of Article 54(1) and Annex XV
Article 34(2) (presentation of mandatory nutrition declaration and any supplementary information provided in accordance with Article 30(1) and (2) – format and alignment of numbers)Articles 1(3), 6, and 30(1) and (2), the second paragraph of Article 34(3), Article 34(4) and the first paragraph of Article 54(1)
Article 34(3), first subparagraph (presentation of nutrition information in a case where certain mandatory nutrition information is repeated in accordance with Article 30(3))Articles 1(3), 6 and 30(3), the second paragraph of Article 34(3) and the first paragraph of Article 54(1)
Article 34(5), first subparagraph (requirement for indication of negligible energy value or amount of nutrients, where used, to be in close proximity to the nutrition declaration, when present)Articles 1(3), 6 and 30(1) to (5), 48(2) and the first paragraph of Article 54(1)
Article 35(1) (requirements relating to energy value and the amount of nutrients used where additional forms of expression and presentation are used)Articles 1(3), 6, 7, 30(1) to (5), 32(2) and (4), 33 and 34(2), the first paragraph of Article 54(1) and Annex VIII and XIII
Article 36(1) (requirements that voluntary information must comply with)Articles 1(3), 6, 9, 10 and the first paragraph of Article 54(1) and sections 2 and 3 of Chapter IV
Article 36(2) (additional requirements that voluntary information must comply with)Articles 1(3), 6 and 7 and the first paragraph of Article 54(1)
Article 37 (presentation of voluntary food information – no detriment to space availability)Articles 1(3) and 6 and the first paragraph of Article 54(1)
Article 44(1)(a) (provision of allergen information for non-packaged food)Articles 1(3), 6 and 9(1)(c), 10 and the first paragraph of Article 54(1) and regulation 5
Article 54(2) (requirement to comply with provisions relating to content, calculation, expression and presentation when nutrition information is provided on a voluntary basis during the period on and from 13th December 2014 to and including 12th December 2016)Articles 1(3), 6 and 30 to 35

PART 2Specified FIC provision applying on and from 13th December 2016

Relevant provision of FICProvisions to be read with the provision of FIC
Article 9(1)(l) (mandatory nutrition declaration)Articles 1(3), 6, 9(2), 11 and 16, section 3 of Chapter IV, Article 40 and the second subparagraph of Article 54(1), the second sub-paragraph of Article 55, Annex V and regulation 3

Regulations 1(2) and (4) and 13

SCHEDULE 4Revocations

PART 1Revocations coming into force on 13th December 2014

ReferenceExtent of revocation
The Food Labelling Regulations 1996(3)

The whole Regulations except for the purposes of the following provisions in those Regulations—

(a)

Regulation 43;

(b)

Regulation 42(1) for the purposes of the entries in Part I of Schedule 8 relating to the descriptions “alcohol-free”, “dealcoholised”, “low alcohol” (or any other word or description which implies that the drink being described is low in alcohol) and “non-alcoholic”;

(c)

Regulation 42(2) to (4);

(d)

the entries in Part I of Schedule 8 relating to the descriptions “alcohol-free”, “dealcoholised”, “low alcohol” (or any other word or description which implies that the drink being described is low in alcohol) and “non-alcoholic”; and

(e)

Parts II and III of Schedule 8.

The Bread and Flour Regulations 1998(4)Regulations 5(3) and 11.
The Food Labelling (Amendment) Regulations 1998(5)The whole Regulations except for regulations 2 and 11.
The Food Labelling (Amendment) Regulations 1999(6)The whole Regulations except for regulations 2 and 11.
The Miscellaneous Food Additives (Amendment) Regulations 1999(7)In regulation 14(1), the words “the Food Labelling Regulations 1996”, and the whole of regulation 14(3).
The Food Labelling (Amendment) (No. 2) Regulations 1999(8)The whole Regulations.
The Contaminants in Food (Amendment) Regulations 1999(9)The whole Regulations.
The Food Irradiation Provisions (Scotland) Regulations 2000(10)The whole Regulations.
The Coffee Extracts and Chicory Extracts (Scotland) Regulations 2001(11)Regulation 11(1) and (2)(g).
The Food Labelling (Amendment) (Scotland) Regulations 2003(12)The whole Regulations.
The Specified Sugar Products (Scotland) Regulations 2003(13)Regulation 11(h).
The Cocoa and Chocolate Products (Scotland) Regulations 2003(14)Regulation 12(h).
The Food Labelling Amendment (Scotland) Regulations 2003(15)The whole Regulations.
The Food Labelling Amendment (Scotland) Regulations 2004(16)The whole Regulations.
The Food Labelling Amendment (Scotland) (No. 2) Regulations 2004(17)The whole Regulations.
The Food with Added Phytosterols or Phytostanols (Labelling) (Scotland) Regulations 2005(18)The whole Regulations.
The Food Labelling Amendment (Scotland) Regulations 2005(19)The whole Regulations.
The Food Hygiene (Scotland) Regulations 2006(20)In Schedule 7, paragraphs 12 to 18
The Nutrition and Health Claims (Scotland) Regulations 2007(21)Regulation 8.
The Food Labelling (Declaration of Allergens) (Scotland) Regulations 2008(22)The whole Regulations.
The Drinking Milk (Scotland) Regulations 2011(23)Regulation 8.
The Food Labelling (Nutrition Information) (Scotland) Regulations 2009(24)The whole Regulations.
The Food Enzymes (Scotland) Regulations 2009(25)Regulation 7.
The Flavourings in Food (Scotland) Regulations 2010(26)Regulation 7.
The Eggs and Chicks (Scotland) Amendment Regulations 2010(27)Regulation 19.
The Food Labelling (Declaration of Allergens) (Scotland) Regulations 2011(28)The whole Regulations.
The Materials and Articles in Contact with Food (Scotland) Regulations 2012(29)Regulation 29.
The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013(30)Regulation 18(1).
The Single Common Market Organisation (Consequential Amendments) Regulations 2013(31)Regulation 6(2)(b), (c), (f), (h) and (i), (3), (5) and (6).

PART 2Revocations coming into force on 13th December 2018

ReferenceExtent of revocation
The Food Labelling Regulations 1996The remainder of the Regulations.

The Food Labelling (Amendment)

Regulations 1998

Regulation 11.
The Wine Regulations 2011(32)Regulation 19(3).
The Single Common Market Organisation (Consequential Amendments) Regulations 2013Regulation 6.

Regulation 14

SCHEDULE 5Consequential and other amendments

Consequential and other amendments that have effect on 13th December 2014

The Quick-frozen Foodstuffs Regulations 1990

1.  The Quick-frozen Foodstuffs Regulations 1990(33) are amended as follows—

(a)in regulation 2(1)—

(i)omit the definition of “catering establishment”;

(ii)insert the following definition in its alphabetical place—

“mass caterer” has the meaning given by Article 2(2)(d) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers;;

(iii)in the definition of “prepackaging”, for “the Food Labelling Regulations 1996”, substitute “Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”; and

(iv)substitute the definition of “ultimate consumer” with the following definition—

“ultimate consumer” has the same meaning as “final consumer” in point 18 of Article 3 of Regulation (EC) No 178/2002.; and

(b)in regulation 5(2) and (4), and in paragraph 2(d) of Schedule 1, for “catering establishment”, substitute “mass caterer”.

The Food Labelling Regulations 1996

2.  The Food Labelling Regulations 1996(34) are amended as follows—

(a)In Schedule 8 (misleading descriptions), Part I—

(i)in column 2 of the entry relating to the description “alcohol-free”, for sub-paragraph (b) substitute—

(b)the drink is marked or labelled with—

(i)an indication of its maximum alcoholic strength in a form comprising of the words “not more than” followed by a figure to more than one decimal place indicating its maximum alcoholic strength and the symbol “% vol.” (required form 1), “alcohol % vol.” (required form 2), or “alc. % vol.” (required form 3), or

(ii)in an appropriate case an indication that it contains no alcohol.;

(ii)in column 2 of the entry relating to the description “dealchoholised”, for subparagraph (b) substitute—

(b)the drink is marked or labelled with—

(i)an indication of its maximum alcoholic strength in required form 1,2 or 3; or

(ii)in an appropriate case, an indication that it contains no alcohol.; and

(iii)in column 2 of the entry relating to the description “low alcohol” (or any other word or description which implies that the drink being described is low in alcohol), for subparagraph (b) substitute—

(b)an indication of its maximum alcoholic strength in required form 1, 2 or 3..

The Food (Lot Marking) Regulations 1996

3.  The Food (Lot Marking) Regulations 1996(35) are amended, as follows—

(a)in regulation 2—

(i)omit the definition of “edible ice”;

(ii)in the definition of “first seller established within the European Union”, for “Council Directive 89/396/EEC”(36), substitute “Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs”(37)

(iii)omit the definition of “the Food Labelling Regulations” and the words “and “indication of minimum durability”, “use by date” and “ultimate consumer” have the same meanings as in those Regulations;” following that definition;

(iv)omit the definition of “prepacked” and the words “and “prepacking” shall be construed accordingly;” following that definition;

(v)insert the following definitions in their alphabetical place—

“date of minimum durability” has the meaning given in Article 2(2)(r) of Regulation (EU) No 1169/2011;;

“ice cream” has the same meaning as in Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs;;

“prepacked food” has the meaning given in Article 2(2)(e) of Regulation (EU) No 1169/2011 and “prepacking” must be construed accordingly;;

“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC)  No 608/2004;;

“ultimate consumer” has the same meaning as “final consumer” in point 18 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety; and;

“use by date” has the same meaning as in Regulation (EU) No 1169/2011.; and

(vi)in the definition of “prepacked for immediate sale”, for “the Food Labelling Regulations”, substitute “Regulation (EU) No 1169/2011”;

(b)in regulation 4(e) for “edible ice”, substitute “ice cream”; and

(c)in regulation 4(g)—

(i)for “an indication of minimum durability”, substitute “the date of minimum durability”; and

(ii)for “the Food Labelling Regulations require”, substitute “Regulation (EU) No 1169/2011 requires”.

The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997

4.  In regulation 3(b) of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997(38), for “Tables A and B of Part II of Schedule 6 to the Food Labelling Regulations 1996”, substitute “point 1 of Part A of Annex XIII to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”.

The Bread and Flour Regulations 1998

5.  The Bread and Flour Regulations 1998(39) are amended as follows—

(a)in regulation 2(1)—

(i)in the definition of “ingredient”, for “the Food Labelling Regulations 1996”, substitute “Article 2(2)(f) of Regulation (EU) No 1169/2011”;

(ii)in the definition of “labelling”, for “the Food Labelling Regulations 1996”, substitute “Article 2(2)(j) of Regulation (EU) No 1169/2011”;

(iii)omit the definition of “the labelling regulations”; and

(iv)insert the following definition in its alphabetical place—

“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004; and; and

(b)omit regulation 5(3).

The Coffee Extracts and Chicory Extracts (Scotland) Regulations 2001

6.  The Coffee Extracts and Chicory Extracts (Scotland) Regulations 2001(40) are amended as follows—

(a)in regulation 2(1)—

(i)omit the definition of “the 1996 Regulations”; and

(ii)insert the following definition in its alphabetical place—

“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC)  No 608/2004;;

(b)in regulation 5(1)—

(i)in the introductory wording, for “the 1996 Regulations”, substitute “Regulation (EU) No 1169/2011”;

(ii)in subparagraph (a), for “regulation 6(1) of the 1996 Regulations”, substitute “Article 17 of Regulation (EU) No 1169/2011”; and

(iii)in subparagraph (c), for “the 1996 Regulations”, substitute “Article 17 of Regulation (EU) No 1169/2011”; and

(c)omit regulation 6.

The Food Supplements (Scotland) Regulations 2003

7.  The Food Supplements (Scotland) Regulations 2003(41) are amended as follows—

(a)in regulation 2(1)—

(i)omit the definition of “Directive 90/496”; and

(ii)insert the following definition in its alphabetical place—

“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC)  No 608/2004;;

(b)regulation 6 is amended as follows—

(i)in paragraph (2) for “the Food Labelling Regulations 1996” substitute “Regulation (EU) No 1169/2011”; and

(ii)in paragraph 3(e) for “the Annex to Directive 90/496” substitute “point 1 of Part A of Annex XIII to Regulation (EU) No 1169/2011 and for “relevant recommended daily allowance specified in that Annex” substitute “relevant reference value specified in that point”; and

(c)in regulation 7(1), for “regulation 5(a), (c) and (e) of the Food Labelling Regulations 1996”, substitute “Article 9(1)(a), (f), (g) and (h) of Regulation (EU) No 1169/2011”.

The Specified Sugar Products (Scotland) Regulations 2003

8.  The Specified Sugar Products (Scotland) Regulations 2003(42) are amended as follows—

(a)in regulation 2, omit the definition of “the 1996 Regulations”;

(b)in regulation 5, for “Part II of the 1996 Regulations”, substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”;

(c)omit regulation 6; and

(d)in Schedule 2, omit the entry relating to the Food Labelling Regulations 1996.

The Cocoa and Chocolate Products (Scotland) Regulations 2003

9.  The Cocoa and Chocolate Products (Scotland) Regulations 2003(43) are amended as follows—

(a)in regulation 2(1)—

(i)omit the definition of “the 1996 Regulations”; and

(ii)insert the following definition in its alphabetical place—

“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC)  No 608/2004;;

(b)in regulation 5—

(i)at the end of paragraph (b), omit “or”;

(ii)for the full stop at the end of paragraph (c), substitute “; or”; and

(iii)after paragraph (c), insert—

(d)the use of such description, derivative or word to designate the food is in accordance with the customs applicable in the United Kingdom and the food cannot be confused with a product listed in column 1 of Schedule 1.;

(c)in regulation 6—

(i)in paragraph (1), for “Part II of the 1996 Regulations”, substitute “Regulation (EU) No 1169/2011”; and

(ii)in paragraph (2)(b) for “the 1996 Regulations”, substitute “Article 9(1)(b) of Regulation (EU) No 1169/2011”; and

(d)in regulation 7—

(i)omit paragraph (1); and

(ii)in paragraph (2)(a), for “the 1996 Regulations”, substitute “Article 9(1)(b) of Regulation (EU) No 1169/2011”.

The Honey (Scotland) Regulations 2003

10.  The Honey (Scotland) Regulations 2003(44) are amended as follows—

(a)in regulation 5(1), for “Part II of the 1996 Regulations” substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”; and

(b)omit regulation 7.

The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 2004

11.  In regulation 8(1) of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 2004(45), for “Part II of the Food Labelling Regulations 1996”, substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”.

The Food Hygiene (Scotland) Regulations 2006

12.  The definition of “shelf life” in paragraph 4 of Schedule 4 to the Food Hygiene (Scotland) Regulations 2006(46) is amended as follows—

(a)in subparagraph (a), for “regulation 20 of the Food Labelling Regulations 1996 (form of indication of minimum durability)”, substitute “Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as read with Article 24(1) and (2) of, and point 1 of Annex X to, that Regulation”; and

(b)in subparagraph (b), for “regulation 21 of the Food Labelling Regulations 1996 (form of indication of “use by” date)” substitute “Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as read with Article 24(1) and (2) of, and point 2 of Annex X to, that Regulation”.

The Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007

13.  In the Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007(47), in regulation 4(2), for subparagraph (e) substitute—

(e)Article 7(1), (2) and (3) (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added). (48).as read with the first subparagraph of Article 54(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004..

The Nutrition and Health Claims (Scotland) Regulations 2007

14.  In the Nutrition and Health Claims (Scotland) Regulations 2007, in regulation 5(2), for subparagraph (d)(49), substitute—

(d)Article 7 (requirements for nutrition information)(50) as read with the first subparagraph of Article 54(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004..

The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007

15.  Regulation 2 (1) (interpretation) of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007(a) are amended as follows—

(a)for the definition of “advertisement” and “ advertise” substitute—

“advertisement” means a representation in any form in connection with a trader or business in order to promote the supply of goods and “advertise” is to be construed accordingly; and

(b)after the definition of “Regulation 115/2010” insert—

“Regulation 1169/2011” means Regulation (EU) No. 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004(b);.

The Eggs and Chicks (Scotland) (No 2) Regulations 2008

16.  The Eggs and Chicks (Scotland) (No 2) Regulations 2008(51) are amended as follows—

(a)in regulation 2(1)—

(i)omit the definition of “Directive 2000/13/EC”;

(ii)insert the following definition in its alphabetical place—

“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004; and;

(b)in regulation 15(4) and 15A(4) for “Article 1(2) of Directive 2000/13/EC” substitute “Article 2(2)(d) of Regulation (EU) No 1169/2011”; and

(c)in Part 2 of Schedule 2—

(i)in the second column of the entry relating to Article 4(2), for “Directive 2000/13/EC”, substitute “Regulation (EU) No 1169/2011”;

(ii)in the second column of the entry relating to Article 6(3), for “Article 9(2) of Directive 2000/13/EC”, substitute “point 1(a) of Annex X to Regulation (EU) No 1169/2011”; and

(iii)in the second column of the entry relating to Article 13, for “Article 3(1)(5) of Directive 2000/13/EC”, substitute “Article 9(1)(f) of Regulation (EU) No 1169/2011”.

The Eggs and Chicks (Scotland) Amendment Regulations 2010

17.  The Eggs and Chicks (Scotland) Amendment Regulations 2010(52) are amended as follows—

In regulation 2 omit the words “and “the 1996 Regulations” means the Food Labelling Regulations 1996.

The Fruit Juices and Fruit Nectars (Scotland) Regulations 2013

18.  In Regulation 15 (1) of the Fruit Juices and Fruit Nectars (Scotland) Regulations 2013(53) omit from “Regulation 35(1)” to “labelling of food)” and insert—

Articles 8 (responsibilities) and 13 (presentation of mandatory particulars) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 308/2004..

(1)

OJ L 157, 17.6.2008, p.46, last amended by Regulation (EU) No 1308/2013 of the European Parliament and of the Council (OJ No L 347, 20.12.2013, p.671).

(2)

OJ No L 10, 12.1.2002, p.58, last amended by Directive 2012/12/EU of the European Parliament and of the Council (OJ No L 115, 27.4.2012, p.1).

(4)

S.I. 1998/141, to which there are amendments not relevant to these Regulations.

(7)

S.I. 1999/1136, to which there are amendments not relevant to these Regulations.

(10)

S.S.I. 2000/309, as amended by S.S.I. 2009/261.

(11)

S.S.I. 2001/38, to which there are amendments not relevant to these Regulations.

(13)

S.S.I. 2003/527, to which there are amendments not relevant to these Regulations.

(20)

S.S.I. 2006/3 to which there are amendments not relevant to these Regulations.

(21)

S.S.I. 2007/383 to which there are amendments not relevant to this revocation.

(23)

S.S.I. 2011/84, to which there are amendments not relevant to this revocation.

(25)

S.S.I. 2009/435, amended by S.S.I. 2013/266; there are other amending instruments but none are relevant.

(34)

S.I 1996/1499, as amended by 2011/2936 and to which there are other amendments not relevant to these amendments.

(36)

OJ No L 186, 30.6.1989, p.21, repealed by Directive 2011/91/EU (OJ No L 334, 16.12.2011, p.1).

(37)

OJ No L 334, 16.12.2011, p.1.

(38)

S.I. 1997/2182, to which there are amendments not relevant to these Regulations.

(39)

S.I. 1998/141, to which there are amendments not relevant to these Regulations.

(40)

S.S.I. 2001/38, to which there are amendments not relevant to these Regulations.

(41)

S.S.I. 2003/278, amended by S.S.I. 2009/438 and to which there are other amendments not relevant to these Regulations.

(42)

S.S.I. 2003/527, to which there are other amendments not relevant to these Regulations.

(44)

S.S.I. 2003/569, to which there are amendments not relevant to these Regulations.

(45)

S.S.I. 2004/8, to which there are amendments not relevant to these Regulations.

(46)

S.S.I. 2006/3, to which there are amendments not relevant to these Regulations.

(48)

Article 7(3) of Regulation (EC) No 1925/2006 is amended by Article 50 of Regulation (EU) No 1169/2011.

(50)

Article 7 of Regulation (EC) No 1924/2006 is amended by Article 49 of Regulation (EU) No 1169/2011.

(51)

S.S.I. 2008/395, as amended by S.S.I. 2010/450.

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