Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Food Labelling Regulations 1996, as amended, ("the 1996 Regulations") in so far as they apply to Wales. Those Regulations extend to the whole of Great Britain.

2.  These Regulations implement in Wales Commission Directive 2002/67/EC on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine. Directive 2002/67/EC has to be read with Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. These Regulations require information to be given —

(a)in the ingredients list of foods as to the presence of any quinine or caffeine added or used as a flavouring (regulation 5);

(b)on the labelling or marking of drinks containing a high level of caffeine, with some exceptions (regulation 6).

These requirements apply with effect from 1st July 2004 (regulation 1(2)). The Regulations contain a transitional provision (regulation 7).

3.  With effect from 13th February 2004 the Regulations also update various references in the 1996 Regulations and in the Genetically Modified and Novel Foods (Labelling) (Wales) Regulations 2000 to Council Directive 79/112/EEC which was consolidated by Directive 2000/13/EC, as amended (regulations 1(2), 3, 4 and 8).

4.  A regulatory impact assessment has been prepared and placed in the Library of the National Assembly for Wales together with a Transposition Note setting out how the main elements of Directive 2002/67/EC are transposed in these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.