Amendment of the principal Regulations

5.  In regulation 37 (supplementary provisions relating to claims) for paragraphs (3), (4), (5), (6) and (7) there shall be substituted the following paragraphs:—

(3) A reference to a substance in a list of ingredients or in any nutrition labelling shall not of itself constitute a claim of the type described in Schedule 6.

(4) In Schedule 6—

“the prescribed nutrition labelling” means nutrition labelling given in accordance with Schedule 6A;

“recommended daily allowance”, in relation to a vitamin or mineral, means the recommended daily allowance specified for that vitamin or mineral in column 2 of Table A or B in Schedule 6.

(5) In Schedule 6 any condition that a food in respect of which a claim is made shall be marked or labelled with the prescribed nutrition labelling shall not apply in the case of—

(a)a food which is not prepacked and which is sold to the ultimate consumer at a catering establishment, or

(b)a claim contained within generic advertising,

but in respect of a food described in sub-paragraph (a) there may be given such of the elements of the prescribed nutrition labelling which, but for this paragraph, would have been required or permitted to be given, as it is wished to include, and where all or any such elements are given this shall be in accordance with Part I of Schedule 6A, except that in applying paragraph 4 of that Part in place of sub-paragraphs (a)(i) and (ii) of that paragraph there shall be read references to—

(i)an unquantified serving of the food, and

(ii)any one portion of the food.

(6) Where nutrition labelling not being prescribed nutrition labelling is given it shall be given in all respects as if it were prescribed nutrition labelling except that in applying in this context the requirements for prescribed nutrition labelling described in Schedule 6A, Part II of that Schedule shall be read as if paragraphs 1(a)(iv) and (b)(iv), and the proviso to sub-paragraph (b)(i), were omitted..