The Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 198

Food

The Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2008

Made

2nd May 2008

Coming into operation

31st May 2008

The Department of Health, Social Services and Public Safety(1) makes the following Regulations in exercise of the powers conferred on it by Articles 15(1)(e), 16(1), 25(1)(a) and 47(2) of the Food Safety (Northern Ireland) Order 1991(2).

In accordance with Article 47(3A) of that Order, it has had regard to relevant advice given by the Food Standards Agency.

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council 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(3), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Citation and commencement

1.  These Regulations may be cited as the Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2008 and come into operation on 31st May 2008.

Amendment of the Food Labelling Regulations (Northern Ireland) 1996

2.—(1) The Food Labelling Regulations (Northern Ireland) 1996(4) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation), in the definition of Directive 2000/13 for the words from “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;”(5).

(3) In regulation 13(8)(c) —

(a) omit “paragraphs 1 to 11 of”; and

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

(4) In regulation 34B(1) —

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

(b) omit “paragraphs 1 to 11 of”.

(5) In regulation 34B(2)(b) —

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

(b) omit “paragraphs 1 to 11 of”.

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

“(15) In any proceedings for an offence under regulation 44(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) Regulations (Northern Ireland) 2008 had not been in operation when the food was sold”.

(7) For Schedule AA1 substitute Schedule AA1 as set out in 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 (Northern Ireland) 1996;

(b) The Food Labelling (Amendment No.2) Regulations (Northern Ireland) 2005(6);

(c) The Food Labelling (Amendment No.2) (Amendment) Regulations (Northern Ireland 2005(7); and

(d) The Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2007(8).

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 2nd May 2008.

Don Hill

A senior officer of the Department of Health, Social Services and Public Safety

Regulation 2(7)

SCHEDULE Schedule to be substituted for Schedule AA1 to the Food Labelling Regulations (Northern Ireland) 1996

Regulations 2(1) and 34B

“SCHEDULE AA1 ALLERGENIC INGREDIENTS

(1) The exception only applies to products derived from these products in so far as the process they have undergone is not likely to increase the level of allergenicity assessed by the European Food Safety Authority for the relevant product from which they originated.”
1.	Cereals containing gluten (i.e. wheat, rye, barley, oats, spelt, kamut or their hybridised strains), except: (a) wheat-based glucose syrups including dextrose(1); (b) wheat-based maltodextrins(1); (c) glucose syrups based on barley; (d) cereals used for making distillates or ethyl alcohol of agricultural origin for spirit drinks and other alcoholic beverages.
2.	Crustaceans.
3.	Eggs.
4.	Fish, except: (a) fish gelatine used as a carrier for vitamin or carotenoid preparations; (b) fish gelatine or isinglass used as a fining agent in beer and wine.
5.	Peanuts.
6.	Soybeans, except: (a) fully refined soybean oil and fat(1); (b) natural mixed tocopherols (E306), natural D-alpha tocopherol, natural D-alpha tocopherol acetate, natural D-alpha tocopherol succinate from soybean sources; (c) vegetable oils derived from phytosterols and phytosterol esters from soybean sources; (d) plant stanol esters produced from vegetable oil stanols from soybean sources.
7.	Milk (including lactose), except: (a) whey used for making distillates or ethyl alcohol of agricultural origin for spirit drinks and other alcoholic beverages; (b) lactitol.
8.	Nuts, i.e. almonds (Amygdalus communis L.), hazelnuts (Corylus avellana), walnuts (Juglans regia), cashews (Anacardium occidentale), pecan nuts (Carya illinoiesis (Wangenh.) K.Koch), Brazil nuts (Bertholletia excelsa), pistachio nuts (Pistacia vera), macadamia nuts and Queensland nuts (Macadamia ternifolia), except: nuts used for making distillates or ethyl alcohol of agricultural origin for spirit drinks and other alcoholic beverages.
9.	Celery.
10.	Mustard.
11.	Sesame seeds.
12.	Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre expressed as SO2.
13.	Lupin.
14.	Molluscs.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Food Labelling Regulations (Northern Ireland) 1996 (“the principal Regulations”).

These Regulations implement in Northern Ireland Commission Directive No. 2007/68/EC (OJ No. L310, 28.11.2007, p.11) amending Annex IIIa to Directive 2000/13/EC of the European Parliament and of the Council as regards certain food ingredients. The ingredients in question are those that are likely to cause an allergic reaction in some consumers.

These Regulations amend the principal Regulations in respect of the labelling requirements for foods containing allergenic ingredients, including labelling exemptions for certain processed forms of those ingredients and provide a transitional period for foods that are marked, labelled or sold before 31st May 2009.

(1)

Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.I) Article 3(6)

(2)

S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R. 2004 Nos. 482 and 505

(3)

OJ No. L31, 1.2.2002, p.1: that Regulation was last amended by Commission Regulation (EC) No. 575/2006 (OJ No. L100, 8.4.2006, p.3)

(4)

S.R. 1996 No.383, as last amended by S.R. 2007 No. 498; the definition of Directive 2000/13 in regulation 2(1) was inserted by S.R. 2003 No. 448 and amended by S.R. 2005 Nos. 396 and 475; regulation 13(8)(c) was inserted by S.R. 2004 No. 469 and amended by S.R. 2005 No. 396; regulation 34B and the associated Schedule AA1 were inserted by S.R. 2004 No. 469; regulation 34B was amended by, and Schedule 2A was inserted by, S.R. 2005 No. 396; Schedule AA1 was amended by S.R. 2007 No. 498; regulation 50(13) was inserted by S.R. 2005 No.198 and regulation 50(14) by S.R. 2007 No. 498

(5)

OJ No. L310, 28.11.2007, p.11

(6)

S.R. 2005 No. 396

(7)

S.R. 2005 No. 475

(8)

S.R. 2007 No. 498