2009 No. 374

Food

The Food Labelling (Declaration of Allergens) (Scotland) Regulations 2009

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(e), 17(1), 26(1)(a) and 48(1) of the Food Safety Act 19901, and all other powers enabling them to do so.

In accordance with section 48(4A) of that Act, they have had regard to relevant advice given by the Food Standards Agency2.

There has been consultation 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 safety3.

Citation, commencement and extent1

These Regulations—

a

may be cited as the Food Labelling (Declaration of Allergens) (Scotland) Regulations 2009;

b

come into force on 20th November 2009; and

c

extend to Scotland only.

Amendment of the Food Labelling Regulations 19962

1

The Food Labelling Regulations 19964 are amended in accordance with paragraph (2).

2

At the beginning of sub-paragraph (a) of paragraph (15) of regulation 50 (transitional provision), insert—

in the case of—

i

wine, in which lysozyme (produced from egg) is used or in which albumin (produced from egg) or a milk (casein) product is used as a fining agent, the food concerned was sold before 31st December 2010 or marked or labelled before that date; or

ii

any other food,

SHONA ROBISONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Food Labelling Regulations 1996 (“the principal Regulations”) in so far as they apply in relation to Scotland. The principal Regulations extend to the whole of Great Britain.

These Regulations implement the amendment made to Commission Directive 2007/68/EC by Commission Regulation (EC) No. 415/2009 (O.J. No. L 125, 21.05.2009, p.52). This Directive itself amends 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, by extending from 31st May 2009 to 31st December 2010 the transitional period for egg-derived lysozyme and for albumin (produced from egg) or milk (casein) products when used as fining agents in wine, in respect of wines that are marked, labelled or sold before that date.

A regulatory impact assessment has not been prepared for this instrument as it has no impact on business or the public or third sectors.