The Food Labelling (Amendment) Regulations 1998

““Directive 79/112” means Council Directive 79/112/EEC3 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as read in accordance with Schedule A1;

“Directive 87/250” means Commission Directive 87/250/EEC4 on the indication of alcoholic strength by volume in the labelling of alcoholic beverages for sale to the ultimate consumer;

“Directive 89/398” means Council Directive 89/398/EEC5 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses;

“Directive 90/496” means Council Directive 90/496/EEC6 on nutrition labelling for foodstuffs;

“Directive 94/54” means Commission Directive 94/54/EC7 concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 79/112, as amended by Council Directive 96/21/EC8;”.

“(1)

Subject to paragraph (1A) of this regulation, these Regulations shall not apply in respect of—

(a)

any food to which the provisions of the EEA Agreement apply brought into Great Britain from an EEA State in which it was lawfully produced and sold;

(b)

any food lawfully produced in another member State brought into Great Britain from a member State in which it was lawfully sold; or

(c)

any food lawfully produced outside the European Community brought into Great Britain from a member State in which it was in free circulation and lawfully sold,

if—

(i)

the requirements of Article 2 of Directive 79/112 are met in respect of that food;

(ii)

that food is marked or labelled, in a language easily understood by the consumer, with the particulars provided for in Articles 3 and 4(2) of that Directive;

(iii)

the name of the food and any other descriptive information accompanying it is in accordance with Article 5(1) of that Directive; and

(iv)

where applicable, the requirements of Directive 87/250, Directive 89/398, Directive 90/496 and Directive 94/54 are met in respect of that food.

(1A)

Nothing in paragraph (1) of this regulation shall prevent the enforcement of—

(a)

regulation 44(1)(a) in relation to a contravention of regulation 31; or

(b)

regulation 44(1)(c), (d) or (e).”.

“bA

the quantity of certain ingredients or categories of ingredients;”.

“Quantities of certain ingredients or categories of ingredients

Indication of quantities of certain ingredients or categories of ingredients19.

(1)

Subject to paragraph (2) of this regulation, the quantity of an ingredient or category of ingredients used in the preparation of a food shall be indicated where—

(a)

that ingredient or category of ingredients appears in the name of the food or is usually associated with that name by the consumer;

(b)

that ingredient or category of ingredients is emphasised on the labelling in words, pictures or graphics; or

(c)

that ingredient or category of ingredients is essential to characterise a food and to distinguish it from products with which it might be confused because of its name or appearance.

(2)

Paragraph (1) of this regulation shall not apply—

(a)

in respect of an ingredient or category of ingredients—

(i)

the drained net weight of which is indicated in accordance with Article 8(4) of Directive 79/112;

(ii)

the quantities of which are already required to be given on the labelling under European Community provisions;

(iii)

which is used in small quantities for the purposes of flavouring; or

(iv)

which, though it appears in the name of the food, is not such as to govern the choice of the consumer because the variation in quantity is not essential to characterise the food or does not distinguish it from similar foods;

(b)

where specific European Community provisions stipulate precisely the quantity of an ingredient or category of ingredients without providing for the indication thereof on the labelling; or

(c)

in the cases referred to in regulation 13(5).

(3)

The indication of quantity of an ingredient or category of ingredients required by paragraph (1) of this regulation shall—

(a)

be expressed as a percentage, which shall be determined as at the time of use of the ingredient or category of ingredients in the preparation of the food; and

(b)

appear—

(i)

in or next to the name of the food, or

(ii)

in the list of ingredients in connection with the ingredient or category of ingredients in question.”.

“(4)

In calculating the percentage of milk fat in any cream for the purposes of paragraph (3) of this regulation and Part III of Schedule 8, any ingredient added to the cream shall be disregarded.”.

“(b)

in the case of export to an EEA State, that the legislation complies with the provisions of Directive 79/112 and, where applicable, the provisions of Directive 87/250, Directive 89/398, Directive 90/496 and Directive 94/54.”.

“(4)

In any proceedings for an offence under regulation 44(1)(a), it shall be a defence to prove that—

(a)

the food concerned was prepacked before 14th February 2000, and

(b)

the matters constituting the offence would not have constituted an offence under these Regulations if the amendments made by the following provisions of the Food Labelling (Amendment) Regulations 1998, namely—

(i)

regulations 3 and 14 and the Schedule (in so far as they include in the definition of “Directive 79/112” a reference to European Parliament and Council Directive 97/4/EC10),

(ii)

regulation 4 (in so far as it substitutes a new regulation 3(1)(iii)), and

(iii)

regulations 6 to 9, 15 and 16,

had not been made when the food was prepacked.”.

• “In the case of a starch which may contain gluten, the generic name must be accompanied by an indication of the specific vegetable origin of the starch”.

• “In the case of a modified starch which may contain gluten, the category name must be accompanied by an indication of the specific vegetable origin of the starch.”.

“3.

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