PART IIFOOD TO BE DELIVERED AS SUCH TO THE ULTIMATE CONSUMER OR TO CATERERS

Scope and general labelling requirement

Scope of Part II4

1

Subject to paragraphs (2) and (3) of this regulation, this Part of these Regulations applies to food which is ready for delivery to the ultimate consumer or to a catering establishment.

2

Except for regulations 33 and 34 and, insofar as they relate to regulations 33 and 34, regulations 35 and 38, this Part of these Regulations does not apply to—

a

any specified sugar product as defined in the Specified Sugar Products Regulations 197619;

b

any cocoa product or chocolate product as defined in the Cocoa and Chocolate Products Regulations 1976;

c

any honey as defined in the Honey Regulations 197620;

d

any condensed milk product or dried milk product as defined in the Condensed Milk and Dried Milk Regulations 197721 which is ready for delivery to a catering establishment other than any such product which is specially prepared for infant feeding and in the labelling of which there appears a clear statement that such food is intended for consumption by infants and no statement to the effect that such is intended for consumption by any other class of person;

e

any coffee, coffee mixture, coffee extract product, chicory extract product or other designated product as defined in the Coffee and Coffee Products Regulations 197822 which is ready for delivery to a catering establishment;

f

hen eggs, in so far as their labelling is regulated by Council Regulation (EEC) No. 1907/9023 on certain marketing standards for eggs, as amended24, Commission Regulation (EEC) No. 1274/9125 introducing detailed rules for implementing Regulation (EEC) No. 1907/90, as amended26, and Council Decision 94/371/EC27 laying down specific public health conditions for the putting on the market of certain types of eggs;

g

spreadable fats, in so far as their labelling is regulated by Council Regulation (EC) No. 2991/9428 laying down standards for spreadable fats;

h

wines or grape musts, in so far as their labelling is regulated by Council Regulation (EEC) No. 2392/8929 laying down general rules for the description and presentation of wines and grape musts, as amended30;

i

sparkling wines and aerated sparkling wines, in so far as their labelling is regulated by Council Regulation (EEC) No. 2333/9231 laying down general rules for the description and presentation of sparkling wines and aerated sparkling wines;

j

liqueur wines, semi-sparkling wines and aerated semi-sparkling wines, in so far as their labelling is regulated by Council Regulation (EEC) No. 3895/9132 laying down rules for the description and presentation of special wines, and Commission Regulation (EEC) No. 3901/9133 laying down certain detailed rules on the description and presentation of special wines;

k

any spirit drinks, in so far as their labelling is regulated by Council Regulation (EEC) No. 1576/8934 laying down general rules on the definition, description and presentation of spirit drinks, Commission Regulation (EEC) No. 3773/8935 laying down transitional measures relating to spirituous beverages, as amended36, and Commission Regulation (EEC) No. 1014/9037 laying down detailed implementing rules on the definition, description and presentation of spirit drinks, as amended38;

l

fresh fruit and vegetables, in so far as their labelling is regulated by Council Regulation (EEC) No. 1035/7239 on the common organisation of the market in fruit and vegetables, as amended40;

m

preserved sardines, in so far as their labelling is regulated by Council Regulation (EEC) No. 2136/8941 laying down common marketing standards for preserved sardines;

n

preserved tuna and bonito, in so far as their labelling is regulated by Council Regulation (EEC) No. 1536/9242 laying down common marketing standards for preserved tuna and bonito;

o

any additive sold as such which is required to be labelled in accordance with regulation 4(3) of the Extraction Solvents in Food Regulations 199343, or the appropriate provisions of any of the additives regulations.

3

This Part of these Regulations does not apply to—

a

any drink bottled before 1st January 1983 which has an alcoholic strength by volume of more than 1.2 per cent and which is labelled in accordance with the legislation in force at the time of bottling;

b

any food prepared on domestic premises for sale for the benefit of the person preparing it by a society registered under the Industrial and Provident Societies Act 196544;

c

any food prepared otherwise than in the course of a business carried on by the person preparing it.

General labelling requirement5

Subject to the following provisions of this Part of these Regulations, all food to which this Part of these Regulations applies shall be marked or labelled with—

a

the name of the food;

b

a list of ingredients;

c

the appropriate durability indication;

d

any special storage conditions or conditions of use;

e

the name or business name and an address or registered office of either or both of—

i

the manufacturer or packer, or

ii

a seller established within the European Community;

f

particulars of the place of origin or provenance of the food if failure to give such particulars might mislead a purchaser to a material degree as to the true origin or provenance of the food; and

g

instructions for use if it would be difficult to make appropriate use of the food in the absence of such instructions.