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

Amendment of the Food Labelling Regulations (Northern Ireland) 1996

2.—(1) The Food Labelling Regulations (Northern Ireland) 1996(1) 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;”(2).

(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.

(1)

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

(2)

OJ No. L310, 28.11.2007, p.11