5.—(1) A food business operator who offers for sale a relevant food to which this regulation applies may make available the particulars specified in Article 9(1)(c) (labelling of certain substances or products causing allergies or intolerances) in relation to that food by any means the operator chooses, including, subject to paragraph (3), orally.
(2) This regulation applies to a relevant food that is offered for sale to a final consumer or to a mass caterer otherwise than by means of distance communication and is—
(a)not prepacked, [F1or]
(b)packed on the sales premises at the consumer's request[F2.]
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where a food business operator intends to make available the particulars specified in Article 9(1)(c) relating to a relevant food orally, and a substance or product listed in Annex II or derived from a substance or product listed in Annex II is used as an ingredient or processing aid in the manufacture or preparation of the food, the operator must indicate that details of that substance or product can be obtained by asking a member of staff.
(4) The indication mentioned in paragraph (3) must be given—
(a)on a label attached to the food, or
(b)on a notice, menu, ticket or label that is readily discernible by an intending purchaser at the place where the intending purchaser chooses that food.
(5) In relation to a relevant food to which this regulation applies, the Article 9(1)(c) particulars made available by a food business operator must be made available with a clear reference to the name of the substance or product listed in Annex II where—
(a)the relevant ingredient or processing aid is derived from a substance or product listed in Annex II, and
(b)the particulars are made available otherwise than by means provided for in FIC.
(6) In this regulation “relevant food” (“bwyd perthnasol”) means a food in which an ingredient or processing aid listed in Annex II, or derived from a substance or product listed in Annex II, has been used in its manufacture or preparation and that is still present in the finished product (even if in an altered form).
Textual Amendments
F1Word in reg. 5(2)(a) inserted (1.10.2021) by The Food Information (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/295), regs. 1(2), 2(2)(a)
F2Reg. 5(2)(b): full stop substituted for word (1.10.2021) by The Food Information (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/295), regs. 1(2), 2(2)(b)
F3Reg. 5(2)(c) omitted (1.10.2021) by virtue of The Food Information (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/295), regs. 1(2), 2(2)(c)