Welsh Statutory Instruments
FOOD, WALES
Made
10 May 2005
Coming into force
20 May 2006
The National Assembly for Wales, in exercise of the powers conferred by sections 16(1)(e) and (f), 17, 26(1) and (3) and 48(1) of the Food Safety Act 1990(1) and now vested in it(2), having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council(3) 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, makes the following Regulations:
1. These Regulations may be cited as the Food Labelling (Amendment) (Wales) Regulations 2005; they apply in relation to Wales only and come into force on 20 May 2006.
2. The Food Labelling Regulations 1996(4) are amended (in so far as they apply in relation to Wales) in accordance with regulations 3 to 8.
3. In regulation 2(1) (interpretation), in the definition of “Directive 94/54” insert at the end the words “and Commission Directive 2004/77/EC(5)”.
4. In regulation 23(2A) (food which is not prepacked and similar food, and fancy confectionery products) insert at the end the expression “or regulation 34C”.
5. In regulation 26 (small packages and certain indelibly marked bottles), in paragraphs (1)(a)(ii) and (3A) for the words “regulations 33 and 34” substitute the words “regulations 33, 34 and 34C”.
6. In regulation 27(1) (certain food sold at catering establishments), for the words “regulations 32, 33, 34 and 34B” be substitute the words “regulations 32, 33, 34, 34B and 34C”.
7. After regulation 34B (foods containing allergenic ingredients or ingredients originating from allergenic ingredients) insert the following regulation —
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 100mg/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/l but less than 300 mg/l, and
(c)any drink which does not contain more than 1.2 per cent by volume of alcohol and which contains a relevant concentration of at least 10 mg/l but less than 50 mg/l,
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 4g/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/l, and
(c)any drink which does not contain more than 1.2 per cent by volume of alcohol and which contains a relevant concentration of at least 50 mg/l,
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), insert at the end the following paragraph —
“(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 20 May 2006; and
(b)the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendment made by regulation 7 of the Food Labelling (Amendment) (Wales) Regulations 2005 had not been in operation when the food was sold.”.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6)
D. Elis-Thomas
The Presiding Officer of the National Assembly
10 May 2005
(This note is not part of the Regulations)
1. These Regulations further amend the Food Labelling Regulations 1996 in so far as they apply in relation to Wales. The 1996 Regulations extend to the whole of Great Britain. These Regulations implement in Wales Commission Directive 2004/77/EC which amends Directive 94/54/EC as regards the labelling of certain foods containing glycyrrhizinic acid and its ammonium salt (OJ No. L162, 30.4.2004, p.76).
2. Glycyrrhizinic acid occurs naturally in the liquorice plant, and its ammonium salt is manufactured from aqueous extracts of that plant. These Regulations 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). There are 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). These Regulations also contain a transitional provision (regulation 8) and update the definition of “Directive 94/54” (regulation 3).
3. A regulatory appraisal pursuant to section 65 of the Government of Wales Act 1998 has been prepared for these Regulations and placed in the Library of the National Assembly for Wales together with a Transposition Note setting out how the main elements of Directive 2003/120/EC are transposed in these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.
Functions formerly exercisable by “the Secretary of State” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the Food Standards Act 1999 (1999 c. 28).
OJ No. L31, 1.2.2002, p.1.
S.I. 1996/1499; the relevant amending instruments in relation to Wales are S.I. 1998/1398, 1999/747, 1483, 2000/2254, 2004/1396, 249 and 3022.
OJ No. L162, 30.4.2004, p.76.