The Food Labelling (Scotland) Amendment Regulations 1989

Amendment of the principal Regulations

7.  For regulation 31 there shall be substituted the following two regulations:—

“Prepacked alcoholic drinks other than Community controlled wine

31.— (1) In the case of prepacked alcoholic drinks other than Community controlled wine, every drink with an alcoholic strength by volume of more than 1.2 per cent shall be marked or labelled with an indication of its alcoholic strength by volume in the form of a figure (which may be preceded by the word “alcohol” or by the abbreviation “alc.”) to not more than one decimal place immediately before the symbol “% vol.”.

(2) Positive and negative tolerances shall be permitted in respect of the indication of alcoholic strength by volume and shall be those specified in Part I of Schedule 5A, which shall be read with the note thereto, expressed in absolute values.

(3) For the purposes of this regulation, the alcoholic strength of any drink shall be determined at 20°C.

(4) Any whisky which has an alcoholic strength by volume of less than 40 per cent and any brandy, gin, rum or vodka which has an alcoholic strength by volume of less than 37.2 per cent shall be marked or labelled with the words “under strength”. This requirement does not apply to brandy whose alcoholic strength of volume has fallen to less than 37.2 per cent only through maturing in cask.

Alcoholic drinks sold otherwise than prepacked

31A.— (1) This regulation applies to alcoholic drinks when sold otherwise than prepacked, including Community controlled wine.

(2) Subject to paragraph (4) of this regulation, in respect of drinks to which this regulation applies with an alcoholic strength by volume of more than 1.2 per cent there shall—

(a) in respect of a representative sample (which need not exceed 30) of such drinks other than Community controlled wine, and

(b) in respect of a representative sample (which need not exceed six) of Community controlled wine,

be displayed the alcoholic strength by volume in the form of a figure (which may be preceded by the word “alcohol” or by the abbreviation “alc.”) to not more than one decimal place immediately before the symbol “% vol.”, except that where two or more such figures appear in a single list the said word or abbreviation and the said symbol may be used once only at the head of the list of figures.

(3) Positive and negative tolerances shall be permitted in respect of the indication of alcoholic strength by volume and shall be those specified in Part I of Schedule 5A except that for Community controlled wine they shall be those specified in Part II of that Schedule, each of which shall be read with the respective note thereto, expressed in absolute values.

(4) Paragraph (2) of this regulation shall not apply—

(a) to cocktails or other drinks made up of mixtures of more than one drink; or

(b) to drinks which it is customary to serve in such a way that information in respect of alcoholic strength by volume can readily be seen by the intending purchaser.”.