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The Foodstuffs Suitable for People Intolerant to Gluten (Wales) Regulations 2010

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Regulations 2(1) and 3(1)

THE SCHEDULESpecified Provisions of Commission Regulation (EC) No. 41/2009

Provision of the Commission RegulationSubject-matter
Article 3(1), as read with Article 3(5)

Requirement that foodstuffs for people intolerant to gluten—

(a)

consisting of or containing one or more ingredients made from wheat, rye, barley, oats or their crossbred varieties which have been especially processed to reduce gluten; or

(b)

containing both ingredients which substitute wheat, rye, barley, oats or their crossbred varieties and ingredients made from wheat, rye, barley, oats or their crossbred varieties which have been especially processed to reduce gluten,

must not contain a level of gluten exceeding 100 mg/kg in the food as sold to the final consumer.

Article 3(2), as read with Article 3(5)

Requirement that the labelling, advertising and presentation of foodstuffs for people intolerant to gluten—

(a)

consisting of or containing one or more ingredients made from wheat, rye, barley, oats or their crossbred varieties which have been especially processed to reduce gluten; or

(b)

containing both ingredients which substitute wheat, rye, barley, oats or their crossbred varieties and ingredients made from wheat, rye, barley, oats or their crossbred varieties which have been especially processed to reduce gluten,

must bear the term “very low gluten”, although the labelling, advertising and presentation of those foodstuffs may nevertheless bear the term “gluten-free” if the gluten content does not exceed 20 mg/kg in the food as sold to the final consumer.

Article 3(3), as read with Article 3(5)
  • Requirement that oats contained in foodstuffs for people intolerant to gluten (including foodstuffs for people intolerant to gluten containing both ingredients which substitute wheat, rye, barley, oats or their crossbred varieties and ingredients made from wheat, rye, barley, oats or their crossbred varieties which have been especially processed to reduce gluten) must have been specially produced, prepared and/or processed in a way to avoid contamination by wheat, rye, barley or their crossbred varieties.

  • Requirement that the gluten content of such oats must not exceed 20 mg/kg.

Article 3(4)
  • Requirement that foodstuffs for people intolerant to gluten consisting of or containing one or more ingredients which substitute wheat, rye, barley, oats or their crossbred varieties must not contain a level of gluten exceeding 20 mg/kg in the food as sold to the final consumer.

  • Requirement that the labelling, presentation and advertising of those products must bear the term “gluten-free”.

Article 3(6)Requirement that the terms “very low gluten” and “gluten-free” referred to in Article 3(2) and (4) must appear in proximity to the name under which the relevant foodstuff for people intolerant to gluten is sold.
Article 4

Prohibition on the labelling, advertising and presentation of—

(a)

foodstuffs for normal consumption; or

(b)

foodstuffs for particular nutritional uses which are specially formulated, processed or prepared to meet special dietary needs other than those of people intolerant to gluten but which are nevertheless suitable, by virtue of their composition, to meet the special dietary needs of people intolerant to gluten,

bearing the term “very low gluten”, although the labelling, advertising and presentation of those foodstuffs may nevertheless bear the term “gluten-free” provided that the gluten content does not exceed 20 mg/kg in the food as sold to the final consumer.

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