The Food (Provisions relating to Labelling) (England) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Food Labelling Regulations 1996, as amended, (“the 1996 Regulations”) in so far as they apply in relation to England. Those Regulations extend to the whole of Great Britain.

2.  These Regulations implement in England Commission Directive 2002/67/EC on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine. Directive 2002/67/EC has to be read with 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. These Regulations require information to be given —

(a) in the ingredients list of foods as to the presence of any quinine or caffeine added or used as a flavouring (regulation 5);

(b) on the labelling or marking of drinks containing a high level of caffeine, with some exceptions (regulation 6).

These requirements apply with effect from 1st July 2004 (regulation 1(2)). The Regulations contain a transitional provision (regulation 7).

3.  With effect from 7th November 2003 the Regulations also update various references in the 1996 Regulations and in the Genetically Modified and Novel Foods (Labelling) (England) Regulations 2000 to Council Directive 79/112/EEC which was consolidated by Directive 2000/13/EC, as amended (regulations 1(2), 3, 4 and 8).

4.  A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the Library of each House of Parliament together with a Transposition Note setting out how the main elements of Directive 2002/67/EC are transposed in these Regulations. Copies may be obtained from the Food Labelling and Standards Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.