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The Food Labelling Regulations 1996

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Regulation 6(2)

SCHEDULE 1NAMES PRESCRIBED BY LAW

Fish

1.—(1) Subject to subparagraphs (2) and (3) of this paragraph, the name used for any species of fish specified in column 2 of the following Table shall be a name specified for that species in the corresponding entry in column 1 of the said Table.

(2) A customary name may be used for any species of fish which has been subjected to smoking or any similar process, unless the name of the species in column 2 of the following Table is followed by an asterisk. In such cases the name used for the food when the fish is smoked shall be either—

(a)a name specified for that species in column 1 of the said Table preceded by the word ‘smoked’, or

(b)except in the case of Salmo salar (L.), ‘smoked Pacific salmon’.

(3) Subparagraph (1) of this paragraph, as read with the following Table, shall not apply to fish regulated by Council Regulation (EEC) No. 2136/89(1) laying down common marketing standards for preserved sardines, or Council Regulation (EEC) No. 1536/92(2) laying down common marketing standards for preserved tuna and bonito.

Column 1Column 2
NameSpecies of Fish
SEA FISH
AnchovyAll species of Engraulis
BassDicentrarchus labrax (L.)
BrillScophthalmus rhombus (L.)
BrislingSprattus sprattus (L.) when canned
Catfish or RockfishAll species of Anarhichas
Cod or CodlingGadus morhua (L.) (including Gadus morhua callarias and Gadus morhua morhua)
Pacific cod or codGadus macrocephalus
Greenland cod or codGadus ogac
Coley or Saithe or CoalfishPollachius virens (L.)
CongerAll species of Conger
Croaker or DrumAll species of the family Scianidae
DabLimanda limanda (L.)
Dogfish or Flake or Huss or Rigg

{All species of Galeorhinus

{All species of Mustelus

{All species of Scyliorhinus

{Galeus melastomus Rafin.

{Squalus acanthias (L.)

Dory or John Doryor St Peter’s fishZeus faber (L.)
EelAll species of Anguilla
EmperorAll species of Lethrinus
FlounderPlatichthys flesus (L.)
Grey mullet

{All species of Mugil

{All species of Liza

{All species of Chelon

Grouper

{All species of Mycteroperca

{All species of Epinephelus

Gurnard

{All species of the family Triglidae

{Peristedion cataphractum (L.)

HaddockMelanogrammus aeglefinus (L.)
HakeAll species of Meruccius
Halibut

{Hippoglossus hippoglossus (L.)

{Hippoglossus stenolepis

Black halibutReinhardtius hippoglossoides (Walbaum)
HerringClupea harengus (L.)
HilsaHilsa elisha
HokiMacruronus novaezelandiae
Jack

{All species of Caranx

{All species of Hemmicaranx

{All species of Seriola

{All species of Trachurus

{All species of Decapterus

LingAll species of Molva
Lumpfish or LumpsuckerCyclopterus lumpus
MackerelAll species of Scomber
MegrimAll species of Lepidorhombus
Monkfish or AnglerLophius piscatorius (L.)
Orange roughyHoplosteppus atlanticus
Parrot-fishAll species of the family Scaridae
PilchardSardina pilchardus (Walbaum)
Pacific pilchard

{Sardinops sagax caerulea (Girard)

{Sardinops sagax sagax (Jenyns)

{Sardinops sagax melanosticta (Schlegel)

South Atlantic pilchardSardinops sagax ocellata (Pappe)
PlaicePleuronectes platessa (L.)
American plaiceHippoglossoides platessoides (Fabr.)
Pollak or Pollock or LythePollachius pollachius (L.)
Pacific pollak or Pacific pollock or Alaska pollack or Alaska pollockTheragra chalcogramma (Pallas)
Pomfret

{All species of Brama

{All species of Stromateus

{All species of Pampus

Redfish or Ocean perchor Rose fish

{All species of Sebastes

{Helicolenus maculatus

{Helicolenus dactylopterus (De la Roche)

Red MulletAll species of Mullus
SardineSmall Sardina pilchardus (Walbaum)
SardinellaAll species of Sardinella
Sea bream or PorgyAll species of the family Sparidae
Sild

{Small Clupea harengus (L.), when canned

{Small Sprattus sprattus (L.), when canned

Skate or Rayor RokerAll species of Raja
Smelt or SparlingAll species of Osmerus
Sole or Dover soleSolea solea (L.)
Lemon soleMicrostomus kitt (Walbaum)
SnapperAll species of the family Lutjanidae
SpratSprattus sprattus (L.), except when canned
SwordfishXiphias gladius
Tuna or TunnyAll species of Thunnus
Skipjack tuna (or tuna)Euthynnus (Katsuwonus) pelamis
Albacore tuna (or tuna)Thunnus alalunga
Yellowfin tuna (or tuna)Thunnus (neothunnus) albacores
Bluefin tuna (or tuna)Thunnus thynnus
Bigeye tuna (or tuna)Thunnus (parathunnus) obesus
Bonito

{All species of Sarda

{All species of Euthynnus , with the exception of the species Euthynnus (Katsuwonus) pelamis

{All species of Auxis

TurbotScophthalmus maximus (L.)
Whitebait

{Small Clupea harengus (L.) {except when canned}

{Small Sprattus sprattus (L.)

WhitingMerlangius merlangus (L.)
Blue whitingMicromesistius poutassou (Risso)
Southern Blue whitingMicromesistius australis
Winter flounderPseudopleuronectes americanus (Walbaum)
WitchGlyptocephalus cynoglossus (L.)

SALMON AND FRESHWATER FISH

CatfishAll species of the family Ictaluridae
CarpAll species of the family Cyprinidae
CharAll species of Salvelinus
Salmon or Atlantic salmonSalmo salar (L.)*
Cherry salmonor Pacific salmonOncorhynchus masou (Walbaum)*
Chum salmon or Keta salmonOncorhynchus keta (Walbaum)*
Medium red salmon or Coho salmon or Silver salmonOncorhynchus kisutch (Walbaum)*
Pink salmonOncorhynchus gorbuscha (Walbaum)*
Red salmon or Sockeye salmonOncorhynchus nerka (Walbaum)*
Spring salmon or King salmon or Chinook salmon or Pacific salmonOncorhynchus tschwytscha (Walbaum)*
Brown trout or troutSalmo trutta (L.) which has spent all of its life in fresh water
Sea trout or Salmon troutSalmo trutta (L.) which has spent part of its life in sea water
Cut-throat trout or troutOncorhynchus clarkii
Rainbow trout or Steelhead trout or troutOncorhynchus mykiss
TilapiaAll species of Tilapia

SHELLFISH

Abalone or OrmerAll species of Haliotis
Clam or Hard shell clam

{Mercenaria mercenaria (L.)

{Venus verrucosa (L.)

Clam or Razor clamAll species of Ensis and Solen
CockleAll species of Cerastoderma
Crab

{All species of the section Brachyura

{All species of the family Lithodidae

Crawfish or Spiny lobsteror Rock lobsterAll species of the family Palinuridae Jasus spp.
Crayfish

{All species of the family Astacidae

{All species of the family Parastacidae

{All species of the family Austroastacidae

LobsterAll species of Homarus
Slipper lobsterAll species of Scyllaridae
Squat lobsterAll species of the family Galatheidae
MusselAll species of the family Mytulus
Oyster

{All species of Crassostrea

{All species of Ostrea

Oyster or Portuguese oysterCrassostrea angulata (Lmk.)
Oyster or Pacific oysterCrassostrea gigas (Thunberg)
Oyster or Native oysterOstrea edulis (L.)
King prawnAll species of Penaeus where the count is less than 123 per kg (head on/shell on) or less than 198 per kg (head off/shell on) or less than 242 per kg (head off/shell off)
Prawn or Shrimp

Whole fish (of a size which, when cooked, have a count of less than 397 per kg) or tails (of a size which, when peeled and cooked, have a count of less than 1,323 per kg) of—

  • all species of Palaemonidae ,

  • all species of Penaeidae , and

  • all species of Pandalidae

Shrimp

Whole fish (of a size which, when cooked, have a count of 397 per kg or more) or tails (of a size which, when peeled and cooked, have a count of 1,323 per kg or more) of—

  • all species of Palaemonidae ,

  • all species of Penaeidae , and

  • all species of Pandalidae

Shrimp or Pink shrimpPandalus montagui Leach
Shrimp or Brown shrimpAll species of Crangon
ScallopAll species of Pectinidae
Scallopor Queen scallop or QueenChlamys (Acquipecton) opercularis (L.)
Scampi or Norway lobster or Dublin Bay prawn or LangoustineNephrops norvegicus (L.)
Pacific scampi

{Metanephrops adamanicus

{Metanephrops challengeri

Tiger prawn

{Penaeus monodon

{Penaeus semisuloalus

{Penaeus esculentus

WhelkAll species of Buccinum
WinkleAll species of Littorina

Melons

2.  The name used for melons sold as such shall include or be accompanied by an indication of their variety.

Potatoes

3.  The name used for potatoes sold as such shall include or be accompanied by an indication of their variety.

Vitamins

4.—(1) The name used for a vitamin specified in Table A in Schedule 6 shall be the name specified for that vitamin in column 1 of that Table, except that in respect of folacin the name “folic acid” may also be used.

(2) The name for vitamin K shall be “vitamin K”.

Regulation 11(2)

SCHEDULE 2INDICATIONS OF TREATMENT

Tenderised meat

1.  The name used for any meat which has been treated with proteolytic enzymes shall include or be accompanied by the word “tenderised”.

Irradiated food

2.  The name used for a food which has been irradiated shall include or be accompanied by the word “irradiated” or the words “treated with ionising radiation”.

Regulation 14(4)

SCHEDULE 3GENERIC NAMES IN LIST OF INGREDIENTS

Column 1

Column 2

Column 3

Generic name

Ingredients

Conditions of use of generic name

CheeseAny type of cheese or mixture of cheeseThe labelling of the food of which the cheese is an ingredient must not refer to a specific type of cheese
Cocoa butterPress, expeller or refined cocoa butter
Crumbs or rusks,as is appropriateAny type of crumbed, baked cereal product
Crystallised fruitAny crystallised fruitThe proportion of crystallised fruit in the food of which it is an ingredient must not exceed 10 per cent
DextroseAnhydrous dextrose or dextrose monohydrate
FatAny refined fat

The generic name must be accompanied by either—

(a)

the description “animal” or “vegetable”, as is appropriate, or

(b)

an indication of the specific animal origin or the specific vegetable origin of the fat, as is appropriate.

In the case of an hydrogenated fat, the generic name must also be accompanied by the description “hydrogenated”.

FishAny species of fishThe labelling of the food of which the fish is an ingredient must not refer to a specific species of fish
FlourAny mixture of flour derived from two or more cereal speciesThe generic name shall be followed by a list of the cereals from which the flour is derived in descending order of weight
Glucose syrupGlucose syrup or anhydrous glucose syrup
Gum baseAny type of gum preparation used in the preparation of chewing gum
Herb, herbs or mixed herbsAny herb or parts of a herb or combination of two or more herbs or parts of herbsThe proportion of herb or herbs in the food of which it or they are an ingredient must not exceed 2 per cent by weight of the food
Milk proteinsAny caseins, caseinates or whey proteins, or any mixture of these
OilAny refined oil, other than olive oil

The generic name must be accompanied by either—

(a)

the description “animal” or “vegetable”, as is appropriate, or

(b)

an indication of the specific animal origin or the specific vegetable origin of the oil, as is appropriate.

In the case of an hydrogenated oil, the generic name must also be accompanied by the description “hydrogenated”.

Spice, spices or mixed spicesAny spice or any combination of two or more spicesThe proportion of spice or spices in the food of which it or they are an ingredient must not exceed 2 per cent by weight of the food
StarchAny unmodified starch or any starch which has been modified either by physical means or by enzymes
SugarAny type of sucrose
VegetablesAny mixture of vegetablesThe proportion of vegetables in the food of which they are an ingredient must not exceed 10 per cent by weight of the food
WineAny type of wine defined in Council Regulation (EEC) No. 822/87

Regulation 14(9)

SCHEDULE 4CATEGORIES OF ADDITIVES WHICH MUST BE IDENTIFIED IN A LIST OF INGREDIENTS BY THEIR CATEGORY NAME

  • Acid1

  • Acidity regulator

  • Anti-caking agent

  • Anti-foaming agent

  • Antioxidant

  • Bulking agent

  • Colour

  • Emulsifier

  • Emulsifying Salts

  • Firming agent

  • Flavour enhancer

  • Flour treatment agent

  • Gelling agent

  • Glazing agent

  • Humectant

  • Modified starch2

  • Preservative

  • Propellant gas

  • Raising agent

  • Stabiliser

  • Sweetener

  • Thickener

Notes

1.  In the case of an additive which is added to or used in food to serve the function of an acid and whose specific name includes the word “acid”, it shall not be necessary to use the category name.

2.  Neither the specific name nor the serial number need be indicated.

Regulation 30

SCHEDULE 5POSITIVE AND NEGATIVE TOLERANCES PERMITTED IN THE INDICATION OF THE ALCOHOLIC STRENGTH BY VOLUME OF ALCOHOLIC DRINKS OTHER THAN COMMUNITY CONTROLLED WINE

Description of alcoholic drink

Positive or negative tolerance

Note

The above tolerances shall apply without prejudice to the tolerances deriving from the method of analysis used for determining the alcoholic strength.

1.—(a) Beers having an alcoholic strength not exceeding 5.5% volume;

(b)alcoholic drinks made from grapes and falling within subheading No. 2206–0093 and No. 2206–0099 of the combined nomenclature (1988).

0.5% vol.

2.—(a) Beers having an alcoholic strength exceeding 5.5% volume;

(b)alcoholic drinks made from grapes and falling within subheading No. 2206–0091 of the combined nomenclature (1988);

(c)ciders, perries, fruit wines and other wines obtained from fruits other than grapes whether or not semi-sparkling or sparkling;

(d)alcoholic drinks based on fermented honey.

1% vol.

3.  Alcoholic drinks containing macerated fruit or parts of plants

1.5% vol.

4.  Any other alcoholic drink.

0.3% vol.

Regulations 40 and 41

SCHEDULE 6CLAIMS

PART IPROHIBITED CLAIMS

1.  A claim that a food has tonic properties.

Note

The use of the word “tonic” in the description “Indian tonic water” or “quinine tonic water” shall not of itself constitute a claim of a type described in this item.

2.  A claim that a food has the property of preventing, treating or curing a human disease or any reference to such a property.

Note

A claim of a type described in item 1 of Part II of this Schedule shall not of itself be regarded as a claim of a type described in this item.

PART IIRESTRICTED CLAIMS

Column 1

Column 2

Types of Claim

Types of Claim Conditions

Claims relating to foods for particular nutritional uses

1.  A claim that a food is suitable, or has been specially made, for a particular nutritional purpose.

1.  The food must be capable of fulfilling the claim.

2.  The food must be marked or labelled with an indication of the particular aspects of its composition or manufacturing process that give the food its particular nutritional characteristics.

3.  The food—

(a)must be marked or labelled with the prescribed nutrition labelling and may be marked or labelled with further information in respect of either or both of—

(i)any nutrient or component of a nutrient (whether or not a claim is made in respect of such nutrient or component), or

(ii)any other component or characteristic which is essential to the food’s suitability for its particular nutritional use, and

(b)when sold to the ultimate consumer, must be prepacked and completely enclosed by its packaging.

Reduced or low energy value claims

2.  A claim that a food has a reduced or low energy value.

(a) Notes

The appearance, on the container of a soft drink, of the words “low calorie” given in accordance with the conditions specified in Schedule 8 in relation to that description for such drinks shall not of itself constitute a claim of a type described in this item.

(b)Where a food is in concentrated or dehydrated form and is intended to be reconstituted by the addition of water or other substances, condition 2 shall apply to the food when reconstituted as directed.

1.  If the claim is that the food has a reduced energy value, the energy value of a given weight of the food, or of a given volume in the case of a liquid food, must not be more than three quarters of that of the equivalent weight, or volume, of a similar food in relation to which no such claim is made, unless the food is—

(a)an intense sweetener, or

(b)a product which consists of a mixture of an intense sweetener with other substances and which, when compared on a weight for weight basis, is significantly sweeter than sucrose.

2.  If the claim is that the food has a low energy value—

(a)the energy value of the food must not be more than 167 kJ (40 kcal) per hundred grams or hundred millilitres, as is appropriate, unless the food is—

(i)an intense sweetener, or

(ii)a product which consists of a mixture of an intense sweetener with other subsequences and which, when compared on a weight for weight basis, is significantly sweeter than sucrose,

(b)the energy value of a normal serving of the food must not be more than 167 kJ (40 kcal), and

(c)in the case of an uncooked food which naturally has a low energy value, the claim must be in the form “a low energy food” or “a low calorie food” or “a low Joule food”.

Protein claims

3.  A claim that a food, other than a food intended for babies or young children which satisfies the conditions of item 1 of this Part of this Schedule, is a source of protein.

1.  The quantity of the food that can reasonably be expected to be consumed in one day must contribute at least 12g of protein.

2.  —

(1) If the claim is that the food is a rich or excellent source of protein, at least 20 per cent of the energy value of the food must be provided by protein.

(2) In any other case, at least 12 per cent of the energy value of the food must be provided by protein.

3.  The food must be marked or labelled with the prescribed nutrition labelling.

Vitamin claims

4.  A claim that a food, other than a food intended for babies or young children which satisfies the conditions of item 1 of this Part of this Schedule, is a source of vitamins.

Note

A reference to a vitamin in the name of a food shall not of itself constitute a claim of a type to which this item applies if the food consists solely of—

(i)

vitamins, or

(ii)

a mixture of vitamins and minerals, or

(iii)

a mixture of vitamins, or of vitamins and minerals, and a carrying agent, or

(iv)

a mixture of vitamins, or of vitamins and minerals, and other substances sold in tablet, capsule or elixir form.

1.  —

(1) If the claim is not confined to named vitamins, every vitamin named in the claim must be a vitamin specified in column 1 of Table A below, and—

(a)where the claim is that the food is a rich or excellent source of vitamins, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one half of the recommended daily allowance of two or more of the vitamins specified in column 1 of Table A below, and

(b)in any other case, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one sixth of the recommended daily allowance of two or more of the vitamins specified in column 1 of Table A below.

(2) If the claim is confined to named vitamins, every vitamin named in the claim must be a vitamin specified in column 1 of Table A below, and—

(a)where the claim is that the food is a rich or excellent source of vitamins, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one half of the recommended daily allowance of every vitamin named in the claim, and

(b)in any other case, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one sixth of the recommended daily allowance of every vitamin named in the claim.

2.  The food must be marked or labelled—

(a)in the case of a food to which nutrition labelling relates—

(i)where the claim is in respect of unnamed vitamins (whether alone or together with named vitamins), then in respect of any of those unnamed vitamins which are listed in Table A, with the prescribed nutrition labelling and, in addition, with a statement of the percentages of the recomended daily allowance for such vitamins as are contained in either a quantified serving of the food or, provided that the total number of portions contained in the sales unit of the food is stated, in one such portion of the food, and

(ii)where the claim is in respect of a named vitamin or of named vitamins (whether alone or together with unnamed vitamins), then in respect of that named vitamin or those named vitamins, with the prescribed nutrition labelling and, in addition, with a statement of the percentages of the recommended daily allowance for such vitamins as are contained in either a quantified serving of the food or, provided that the total number of portions contained in the sales unit of the food is stated, in one such portion of the food; and

(b)in the case of food supplements or waters other than natural mineral waters, in respect of any vitamins, whether unnamed, named or both—

(i)with a statement of the percentage of the recommended daily allowance of those vitamins contained in either a quantified serving or (provided that the food is prepacked) a portion of the food, and

(ii)where the food is prepacked, of the number of portions contained in the package,

and the name used in such marking or labelling for any such vitamin shall be the name specified for that vitamin in column 1 of Table A below.

Mineral claims

5.  A claim that a food, other than a food intended for babies or young children which satisfies the conditions of item 1 of this Part of this Schedule, is a source of minerals.

(a) Notes

A claim that a food has low or reduced levels of minerals shall not be regarded as a claim of a type described in this item.

(b)The note that applies to item 4 of this Part of this Schedule applies equally to this item with the substitution of—

(i)the word “mineral” for “vitamin”,

(ii)the word “minerals” for “vitamins” wherever it occurs, and

(iii)the word “vitamins” for “minerals” wherever it occurs.

The conditions are the same as those set out in item 4 of this Part of this Schedule with the substitution of—

(a)

the word “mineral” for “vitamin” wherever it occurs.

(b)

the word “minerals” for “vitamins” wherever it occurs, and

(c)

the expression “Table B” for “Table A” wherever it occurs.

Cholesterol claims

6.  A claim relating to the presence or absence of cholesterol in a food.

1.  Subject to condition 3 the food must contain no more than 0.005 per cent of cholesterol.

2.  The claim must not be accompanied by a suggestion, whether express or implied, that the food is beneficial to human health because of its level of cholesterol.

3.  If the claim relates to the removal of cholesterol from, or its reduction in, the food and condition 1 is not met, such claims shall only be made—

(a)as part of an indication of the true nature of the food,

(b)as part of an indication of the treatment of the food,

(c)within the list of ingredients, or

(d)as a footnote in respect of a prescribed nutrition labelling.

4.  The food shall be marked or labelled with the prescribed nutrition labelling.

Nutrition claims

7.  Any nutrition claim not dealt with under any other item in this Part of this Schedule.

1.  The food must be capable of fulfilling the claim.

2.  The food shall be marked or labelled with the prescribed nutrition labelling.

Claims which depend on another food

8.  A claim that a food has a particular value or convers a particular benefit.

The value or benefit must not be derived wholly or partly from another food that is intended to be consumed with the food in relation to which the claim is made.

TABLE A—

Vitamins in respect of which claims may be made

Column 1

Column 2

Vitamin

Recommended daily allowance

Vitamin A800 μg
Vitamin D5 μg
Vitamin E10 mg
Vitamin C60 mg
Thiamin1.4 mg
Riboflavin0.16 mg
Niacin18 mg
Vitamin B62 mg
Folacin200 μg
Vitamin B121 μg
Biotin0.15 mg
Pantothenic acid6 mg

TABLE B—

Minerals in respect of which claims may be made

Column 1

Column 2

Vitamin

Recommended daily allowance

Note

As a rule, a significant amount means 15% of the recommended daily allowance listed in respect of each vitamin and mineral specified in Table A and B above that is supplied by 100 g or 100 ml of a food, or per package of a food if the package contains only a single portion.

Calcium800 mg
Phosphorus800 mg
Iron14 mg
Magnesium300 mg
Zinc15 mg
Iodine150 μg

Regulation 41(3) and (4)

SCHEDULE 7NUTRITION LABELLING

PART IPRESENTATION OF PRESCRIBED NUTRITION LABELLING

1.  Prescribed nutrition labelling shall consist of such of the following items as under Part II of this Schedule are either required or permitted to be given. Subject to paragraphs 2, 3, 4, 5 and 6 below, the items and, where applicable, their order and manner of listing, are—

energy[x] kJ and [x] kcal
protein[x] g
carbohydrate[x] g
of which:
—sugars[x] g
—polyols[x] g
—starch[x] g
fat[x] g
of which:
—saturates[x] g
—mono-unsaturates[x] g
—polyunsaturates[x] g
—cholesterol[x] mg
fibre[x] g
sodium[x] g
[vitamins][x units]
[minerals][x units].

2.  In the event that there is also required to be given the name and amount of any substance which belongs to, or is a component of, one of the items already given such substance or component shall be listed immediately after the item to which it relates, and in the following manner—

[item][x] g or mg
of which
—[substance or component][x] g or mg.

3.—(a) For [vitamins] and [minerals] there shall be substituted, as appropriate, the names of any vitamin or mineral listed in Table A or B in Schedule 6.

(b)For [item] there shall be substituted the name of the relevant item from the list in paragraph 1 above.

(c)For [substance or component] there shall be substituted the name of the substance or component.

(d)For [x] there shall be substituted the appropriate amount in each case and, in respect of vitamins and minerals, such amounts—

(i)shall be expressed in the units of measurement specified in relation to the respective vitamins and minerals given in Table A or B in Schedule 6, and

(ii)shall also be expressed as a percentage of the recommended daily allowance specified for such vitamins and minerals in those Tables.

4.  All amounts given—

(a)are to be per hundred grams or hundred millilitres of the food, as is appropriate, and, where it is wished to do so, those in either—

(i)a quantified serving of the food, or

(ii)provided that the total number of portions contained in that sales unit of the food is stated, in one such portion of the food,

(b)shall be such amounts as are contained in the food as sold to the ultimate consumer or to a catering establishment save that, where sufficiently detailed instructions are given for the preparation for consumption of the food, they may (if expressly said to be so) be such amounts as are contained in the food after the completion of such preparation in accordance with the said instructions, and

(c)shall be averages based, either alone or in any combination, on—

(i)the manufacturer’s analysis of the food,

(ii)a calculation from the actual average values of the ingredients used in the preparation of the food,

(iii)a calculation from generally established and accepted data,

and “averages” for the purposes of this sub-paragraph means the figures which best represent the respective amounts of the nutrients which a given food contains, there having been taken into account seasonal variability, patterns of consumption and any other factor which may cause the actual amount to vary.

5.  In the calculation of the energy value the following conversion factors shall be employed—

(a)1 gram of carbohydrate (excluding polyols) shall be deemed to contribute 17 kJ (4 kcal);

(b)1 gram of polyols shall be deemed to contribute 10 kJ (2.4 kcal);

(c)1 gram of protein shall be deemed to contribute 17 kJ (4 kcal);

(d)1 gram of fat shall be deemed to contribute 37 kJ (9 kcal);

(e)1 gram of ethanol shall be deemed to contribute 29 kJ (7 kcal);

(f)1 gram of organic acid shall be deemed to contribute 13 kJ (3 kcal).

6.  Any prescribed nutrition labelling shall be presented together in one conspicuous place—

(a)in tabular form with any numbers aligned, or

(b)if there is insufficient space to permit tabular listing, in linear form.

PART IICONTENTS OF PRESCRIBED NUTRITION LABELLING

1.  In respect of any food other than one to which paragraph 2 below applies, prescribed nutrition labelling shall be given as follows—

(a)it shall include either—

(i)energy and the amounts of protein, carbohydrate and fat, or

(ii)energy and the amounts of protein, carbohydrate, sugars, fat, saturates, fibre and sodium, provided that, where sugars, saturates, fibre or sodium is, or are, the subject of a nutrition claim, it shall be given in accordance with paragraph (ii);

(b)where such is the subject of a nutrition claim, it shall also include the amounts of any polyols, starch, mono-unsaturates, polyunsaturates, cholesterol, vitamins or minerals, and in the absence of such a claim it may include any of these, provided that in either case only those vitamins or minerals present in a significant amount as described in the Note to Tables A and B in Schedule 6 above shall, or may, be so included;

(c)where labelling is given in accordance with sub-paragraph (a)(i) above and, further to sub-paragraph (b) above the amount of any of mono-unsaturates, polyunsaturates or cholesterol has been included, it shall also include the amount of saturates, and

(d)where such is the subject of a nutrition claim, it shall also include the name and amount of any substance which belongs to, or is a component of, one of the nutrients already required or permitted to be included.

2.—(1) In respect of any food which is not prepacked and which is sold—

(a)to the ultimate consumer other than at a catering establishment,

(b)to the ultimate consumer from a vending machine, whether or not such machine is located at a catering establishment, or

(c)to a catering establishment,

the prescribed nutrition labelling shall include such of energy and the amounts of any nutrient and the name and amount of any substance which belongs to, or is a component of, any nutrient, in respect of which a nutrition claim is made, and it may include any of the items listed in paragraph 1 of Part I of this Schedule in respect of which there is no such claim.

Regulation 42

SCHEDULE 8MISLEADING DESCRIPTIONS

PART IGENERAL

Column 1

Column 2

Words and descriptions

Conditions

The description “dietary” or “dietetic”.

Shall not be applied to any food unless it is a food for a particular nutritional use (excluding such foods formulated for infants and young children in good health) which—

(a)

has been specially made for a class of persons whose digestive process or metabolism is disturbed or who, by reason of their special physiological condition, obtain special benefit from a controlled consumption of certain substances, and

(b)

is suitable for fulfilling the particular nutritional requirements of that class of persons.

Any description incorporating the name of a food in such a way as to imply that the food, or the part of a food, being described has the flavour of the food named in the description.

Shall not be applied to any food unless the flavour of the food being described is derived wholly or mainly from the food named in the description, except that any description incorporating the word “chocolate” which is such as to imply that the food being described has a chocolate flavour may be applied to a food which has a chocolate flavour derived wholly or mainly from non fat cocoa solids where the purchaser would not be misled by the description.

This shall not be taken to prevent the use of the word “flavour” preceded by the name of a food when the flavour of the food being described is not wholly or mainly from the food named in the description.

A pictorial representation of a food which is such as to imply that the food to which the representation is applied has the flavour of the food depicted in the representation.Shall not be applied to any food unless the flavour of the food to which the representation is applied is derived wholly or mainly from the food depicted in the representation.
The description “ice cream”.Shall not be applied to any food other than the frozen product containing not less than 5 per cent fat and not less than 2.5 per cent milk protein, not necessarily in natural proportions, and which is obtained by subjecting an emulsion of fat, milk solids and sugar (including any sweetener permitted in ice cream by the Sweeteners in Food Regulations 1995(3)), with or without the addition of other substances, to heat treatment and either to subsequent freezing or evaporation, addition of water and subsequent freezing.
The description “dairy ice cream”Shall not be applied to any food other than one which fulfils the conditions relating to application of the description “ice cream” to a food (provided that the fat in respect of which a minimum of 5 per cent is specified shall here consist exclusively of milk fat) and which contains no fat other than milk fat or any fat present by reason of the use as an ingredient of such ice cream of any egg, any flavouring, or any emulsifier or stabiliser.
The word “milk” or any other word or description which implies that the food being described contains milk.

Shall not be used as part of the name of a food, which contains the milk of an animal other than a cow, unless—

(a)
(i)

such milk has all the normal constituents in their natural proportions, and

(ii)

the word or description is accompanied by the name of that animal; or

(b)
(i)

such milk has been subjected to a process or treatment, and

(ii)

the word or description is accompanied by the name of that animal and an indication of that process or treatment; or

(c)

the word or description is used in accordance with any regulations made, or having effect as if made, under the Act or any order having effect as if contained in regulations so made.

The word “milk”.

Shall not be used as the name of an ingredient where the ingredient is the milk of an animal other than a cow unless—

(a)

the word is accompanied by the name of the animal, and

(b)

the use of the word as the name of the ingredient complies in all other respects with these Regulations.

The description “starch-reduced”.

Shall not be applied to any food, unless—

(a)

less than 50 per cent of the food consists of anhydrous carbohydrate calculated by weight on the dry matter of the food, and

(b)

the starch content of a given quantity of the food is substantially less than that of the same quantity of similar foods to which the description is not applied.

The word “vitamin” or any other word or description which implies that the food to which the word or description relates is a vitamin.

Shall not be used in the labelling or advertising of any food, unless the food to which the word or description relates is—

(a)

one of the vitamins specified in column 1 of Table A in Schedule 6; or

(b)

vitamin K.

The description “alcohol-free”.

Shall not be applied to any alcoholic drink from which the alcohol has been extracted, unless—

(a)

the drink has an alcoholic strength by volume of not more than 0.05 per cent, and

(b)

the drink is marked or labelled with an indication of its maximum alcoholic strength (in one of the forms specified in regulation 30(1) immediately preceded by the words “not more than”) or, in an appropriate case, with an indication that it contains no alcohol.

The description “dealcoholised”.

Shall not be applied to any drink, unless—

(a)

the drink, being an alcoholic drink from which the alcohol has been extracted, has an alcoholic strength by volume of not more than 0.5 per cent, and

(b)

the drink is marked or labelled with an indication of its maximum alcoholic strength (in one of the forms specified in regulation 30(1) immediately preceded by the words “not more than”) or, in an appropriate case, with an indication that it contains no alcohol.

The description “low alcohol” or any other word or description which implies that the drink being described is low in alcohol.

Shall not be applied to any alcoholic drink unless—

(a)

the drink has an alcoholic strength by volume of not more than 1.2 per cent, and

(b)

the drink is marked or labelled with an indication of its maximum alcoholic strength (in one of the forms specified in regulation 30(1) immediately preceded by the words “not more than”).

The description “low calorie” or any other word or description which implies that the drink being described is low in calories.Shall not be applied to any soft drink unless the soft drink (where applicable, after subsequent preparation (which may include dilution) in accordance with any accompanying instructions) contains not more than 10 kcal per 100 ml and 42 kJ per 100 ml of the drink.
The description “non-alcoholic”.Shall not be used in conjunction with a name commonly associated with an alcoholic drink, except in the composite name “non-alcoholic wine” when that composite name is used in accordance with regulation 43.
The name “liqueur”.Shall not be applied to any drink other than one so qualifying under the definition of liqueur contained in Article 1.4(r) of Council Regulation (EEC) No. 1576/89(4).
The name “Indian tonic water” or “quinine tonic water”.Shall not be applied to any drink unless the drink contains not less than 57 mg of quinine (calculated as quinine sulphate B.P.) per litre of the drink.
The name “tonic wine”.

Shall not be applied to any drink unless there appears in immediate proximity to the words “tonic wine” the clear statement: “the name “tonic wine” does not imply health giving or medicinal properties”.

No recommendation as to consumption or dosage shall appear in the labelling or advertising of the drink.

PART IICHEESE

Column 1

Column 2

Variety of cheese

Maximum percentage of water

Cheddar39
Blue Stilton42
Derby42
Leicester42
Cheshire44
Dunlop44
Gloucester44
Double Gloucester44
Caerphilly46
Wensleydale46
White Stilton46
Lancashire48

PART IIICREAM

Column 1

Column 2

Clotted creamThe cream is clotted and contains not less than 55 per cent milk fat.
Double creamThe cream contains not less than 48 per cent milk fat.
Whipping creamThe cream contains not less than 35 per cent milk fat.
Whipped creamThe cream contains not less than 35 per cent milk fat and has been whipped.
Sterilised creamThe cream is sterilised cream and contains not less than 23 per cent milk fat.
Cream or single creamThe cream is not sterilised cream and contains not less than 18 per cent milk fat.
Sterilised half creamThe cream is sterilised cream and contains not less than 12 per cent milk fat.
Half creamThe cream is not sterilised cream and contains not less than 12 per cent milk fat.

Regulation 49

SCHEDULE 9REVOCATIONS

Column 1

Column 2

Column 3

Regulations revoked

References

Extent of revocation

Cocoa and Chocolate Products Regulations 1976S.I. 1976/541regulation 22
Cocoa and Chocolate Products (Scotland) Regulations 1976S.I. 1976/914regulation 23
Honey (Scotland) Regulations 1976S.I. 1976/1818regulation 15
Honey Regulations 1976S.I. 1976/1832regulation 14
Fruit Juices and Fruit Nectars Regulations 1977S.I. 1977/927regulation 19
Fruit Juices and Fruit Nectars (Scotland) Regulations 1977S.I. 1977/1026regulation 19
Jam and Similar Products Regulations 1981S.I. 1981/1063regulation 21(2)
Jam and Similar Products (Scotland) Regulations 1981S.I. 1981/1320regulation 22(2)
Fruit Juices and Fruit Nectars (Amendment) Regulations 1982S.I. 1982/1311regulation 10
Fruit Juices and Fruit Nectars (Scotland) Amendment Regulations 1982S.I. 1982/1619regulation 10
Food Labelling (Amendment) Regulations 1982S.I. 1982/1700The whole Regulations
Food Labelling (Scotland) Amendment Regulations 1982S.I. 1982/1779The whole Regulations
Food (Revision of Penalities) Regulations 1982S.I. 1982/1727The references to the Labelling of Food Regulations 1970 and the Food Labelling Regulations 1980 in Schedule 1
Milk Labelling (Scotland) Regulations 1983S.I. 1983/938The whole Regulations
Food Labelling Regulations 1984S.I. 1984/1305The whole Regulations
Food Labelling (Scotland) Regulations 1984S.I. 1984/1519The whole Regulations
Meat Products and Spreadable Fish Products Regulations 1984S.I. 1984/1566regulation 19
Meat Products and Spreadable Fish Products (Scotland) Regulations 1984S.I. 1984/1714regulation 19
Natural Mineral Waters Regulations 1985S.I. 1985/71regulation 28
Food (Revision of Penalties) Regulations 1985S.I. 1985/67The reference to the Food Labelling Regulations 1984 in Part I of the Schedule
Food (Revision of Penalties and Mode of Trial) (Scotland) Regulations 1985S.I. 1985/1068The references to the Milk Labelling (Scotland) Regulations 1983 and the Food Labelling (Scotland) Regulations 1984 in Schedule 3
Coffee and Coffee Products (Amendment) Regulations 1987S.I. 1987/1986regulation 3
Coffee and Coffee Products (Scotland) Amendment Regulations 1987S.I. 1987/2014regulation 3
Food Labelling (Amendment) Regulations 1989S.I. 1989/768The whole Regulations
Food Labelling (Scotland) Amendment Regulations 1989S.I. 1989/809The whole Regulations
Caseins and Caseinates (Amendment) Regulations 1989S.I. 1989/2321regulation 8
Caseins and Caseinates (Scotland) Amendment Regulations 1990S.I. 1990/1regulation 8
Milk and Milk Products (Protection of Designations) Regulations 1990S.I. 1990/607regulation 5
Milk and Milk Products (Protection of Designations) (Scotland) Regulations 1990S.I. 1990/816regulation 5
Food Labelling (Amendment) Regulations 1990S.I. 1990/2488The whole Regulations
Food Labelling (Amendment) (Irradiated Food) Regulations 1990S.I. 1990/2489The whole Regulations
Food Labelling (Amendment) (Irradiated Food) (Scotland) Regulations 1990S.I. 1990/2505The whole Regulations
Food Labelling (Scotland) Amendment Regulations 1990S.I. 1990/2506The whole Regulations
Milk Labelling (Scotland) Amendment Regulations 1990S.I. 1990/2508The whole Regulations
Fruit Juices and Fruit Nectars (England, Wales and Scotland) (Amendment) Regulations 1991S.I. 1991/1284regulations 3(d) and 4(c)
Food Safety (Exports) Regulations 1991S.I. 1991/1476the reference to the Food Labelling Regulations 1984 in Part I of Schedule 1, and to the Food Labelling (Scotland) Regulations 1984 in Schedule 2
Flavourings in Food Regulations 1992S.I. 1992/1971regulation 12
Food Additives Labelling Regulations 1992S.I. 1992/1978regulations 8(4) and 9(4)
Food (Forces Exemptions) (Revocations) Regulations 1992S.I. 1992/2596the reference to the Food Labelling Regulations 1984 in Part I, and to the Food Labelling (Scotland) Regulations 1984 in Part II, of the Schedule
Food Safety (Amendment) (Metrication) Regulations 1992S.I. 1992/2597regulation 9
Food Labelling (Scotland) Amendment Regulations 1993S.I. 1993/2731The whole Regulations
Food Labelling (Amendment) Regulations 1993S.I. 1993/2759The whole Regulations
Food Labelling (Amendment) Regulations 1994S.I. 1994/804The whole Regulations
Food Labelling (Scotland) Amendment Regulations 1994S.I. 1994/960The whole Regulations
Flavourings in Food (Amendment) Regulations 1994S.I. 1994/1486regulation 3
Preserved Tuna and Bonito (Marketing Standards) Regulations 1994S.I. 1994/2127regulation 6
Food Safety (Live Bivalve Molluscs and Other Shellfish) (Import Conditions and Miscellaneous Amendments) Regulations 1994S.I. 1994/2782paragraph 13(1) of Schedule 4
The Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994S.I. 1994/3144paragraph 11 of Schedule 7
Infant Formula and Follow-on Formula Regulations 1995S.I. 1995/77regulation 25
Dairy Products (Hygiene) Regulations 1995S.I. 1995/1086regulation 24(3) and Schedule 13
Dairy Products (Hygiene) (Scotland) Regulations 1995S.I. 1995/1372regulation 24(4)
Cheese and Cream Regulations 1995S.I. 1995/3240The whole Regulations.
(1)

OJ No. L212, 22.7.89, p.79.

(2)

OJ No. L163, 17.6.92, p.1.

(3)

S.I. 1995/3123.

(4)

OJ No. L160, 12.6.89, p.1.

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