The Food Labelling (Declaration of Allergens) (England) Regulations 2008

Title, application and commencement

1.  These Regulations may be cited as the Food Labelling (Declaration of Allergens) (England) Regulations 2008, apply in relation to England only and come into force on 31st May 2008.

Amendment of the Food Labelling Regulations 1996

2.—(1) The Food Labelling Regulations 1996(1) are amended (in so far as they apply in relation to England) in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation), in the definition of Directive 2000/13 for the words “Commission Directive 2005/26/EC” to the end substitute “Commission Directive 2007/68/EC amending Annex IIIa to Directive 2000/13/EC of the European Parliament and of the Council as regards certain food ingredients(2);”.

(3) In regulation 13(8)(c) —

(a) omit the expression “paragraphs 1 to 11 of”; and

(b) omit the passage beginning with the words “other than” and ending with the words “that allergenic ingredient”.

(4) In regulation 34B(1) —

(a) for the expression “paragraphs (2) and (3)” substitute “paragraph (2)”; and

(b) omit the expression “paragraphs 1 to 11 of”.

(5) In regulation 34B(2)(b) —

(a) omit the expression “subject to paragraph (3) of this regulation,”; and

(b) omit the expression “paragraphs 1 to 11 of”.

(6) In regulation 50 (transitional provision), after paragraph (14) insert the following —

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

(a) the food concerned was sold before 31st May 2009 or marked or labelled before that date; and

(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2 of the Food Labelling (Declaration of Allergens) (England) Regulations 2008(3) had not been in operation when the food was sold.”.

(7) For the contents of Schedule AA1 (allergenic ingredients) substitute the contents of the Schedule to these Regulations.

Revocations

3.  The following Regulations or provisions are revoked —

(a) Regulation 34B(3) of, and Schedule 2A to, the Food Labelling Regulations 1996;

(b) The Schedule to the Food Labelling (Amendment) (England) (No.2) Regulations 2004(4);

(c) The Food Labelling (Amendment) (England) (No.2) Regulations 2005(5);

(d) The Food Labelling (Amendment) (England) (No.2) (Amendment) Regulations 2005(6);

(e) The Food Labelling (Declaration of Allergens) (England) Regulations 2007(7).

Signed by authority of the Secretary of State for Health

Dawn Primarolo

Minister of State

Department of Health

24th April 2008