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Welsh Statutory Instrument 2004 No. 3022
(W.261)
The Food Labelling (Amendment) (No. 2) (Wales)
Regulations 2004
© Crown Copyright 2004
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STATUTORY INSTRUMENTS
2004 No. 3022 (W.261)
FOOD, WALES
The Food Labelling (Amendment) (No. 2) (Wales)
Regulations 2004
|
Made |
16 November 2004 |
|
|
Coming into force |
25 November 2004 |
| The National
Assembly for Wales, in exercise of the powers conferred by sections
16(1)(e) and (f), 17(1), 26(1) and (3) and 48(1) of the Food Safety
Act 1990[1]
and now vested in it[2],
having had regard in accordance with section 48(4A) of that Act to
relevant advice given by the Food Standards Agency and after
consultation both as required by Article 9 of Regulation (EC) No.
178/2002 of the European Parliament and of the Council[3]
laying down the general principles and requirements of food law,
establishing the European Food Safety Authority and laying down
procedures in matters of food safety and in accordance with section
48(4) and (4B) of that Act, makes the following
Regulations:
Title, application and
commencement 1. These
Regulations may be cited as the Food Labelling (Amendment) (No. 2)
(Wales) Regulations 2004; they apply to Wales only and come into force
on 25 November 2004.
Amendment of the Food Labelling
Regulations 1996 2.
The Food Labelling Regulations 1996[4]
are amended (in so far as they apply to Wales) in accordance with
regulations 3 to 15.
3. In regulation 2(1) (interpretation)
-
(a) after the definition of "advertisement" insert the following
definition -
" "allergenic ingredient" means an ingredient referred to in
Schedule AA1;";
(b) for the definition of "Directive 2000/13" substitute the
following definition -
(a) Commission Directive 2001/101/EC[6],
which was itself amended by Commission Directive 2002/86/EC[7];
and
(b) the Act concerning the conditions of accession of
the Czech Republic, the Republic of Estonia, the Republic of
Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary, the Republic of Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic and the
adjustments to the Treaties on which the European Union is
founded[8];
and
(c) Directive 2003/89/EC of the European Parliament and
of the Council[9],
and as read with Commission Directive 99/10/EC[10]
providing for derogations from the provisions of Article 7 of
Directive 2000/13/EC and Commission Directive 2002/67/EC[11]
on the labelling of foodstuffs containing quinine, and of foodstuffs
containing caffeine;".
4. In regulation 3(1A)
(exemptions) after sub-paragraph (a) omit the word "or" and insert the
following sub-paragraph -
5. In regulation 13
(order of list of ingredients), for paragraph (5) substitute the
following paragraphs -
" (5) Where a food consists of, or
contains, mixed fruit, vegetables or mushrooms which are used in
proportions that are likely to vary and no particular fruit,
vegetable or mushroom predominates significantly by weight, those
ingredients may be grouped together in the list of ingredients under
the designation "fruit", "vegetables" or "mushrooms" followed by the
phrase "in varying proportions", followed by a list of the fruit,
vegetables or mushrooms present; in such a case the total weight of
the fruit, vegetables or mushrooms determines the order in which
this entry appears in the list of
ingredients.
(6) Where a food
consists of, or contains, mixed spices or herbs and no particular
spice or herb predominates significantly by weight, those
ingredients may be listed otherwise than in descending order of
weight if -
(a) in the case of a food which consists entirely of such a
mixture, the heading of the list of ingredients includes or is
accompanied by the words "in variable proportion" or other words
indicating the nature of the order in which the ingredients are
listed; and
(b) in the case of a food which contains such a
mixture, that part of the list where the names of those
ingredients appear is accompanied by the words "in variable
proportion" or other words indicating the nature of the order in
which those ingredients are listed.
(7) Ingredients constituting less than 2
per cent of the finished product may be listed in a different order
after the other ingredients.
(8) In
the case of ingredients which -
(a) are similar or mutually substitutable;
(b) are
likely to be used in the preparation of a food without altering
its nature or its perceived value;
(c) are not additives,
allergenic ingredients or ingredients originating from an
allergenic ingredient referred to in paragraphs 1 to 11 of
Schedule AA1; and
(d) constitute less than 2 per cent of
the finished product,
such ingredients may be referred to in the list of ingredients by
means of the phrase "contains … and/or …", where at least one of no
more than two such ingredients is present in the finished
product.".
6. In regulation 14
(names of ingredients) -
7. In regulation 15
(compound ingredients) -
" (5) Subject to regulation 17, any
additive which is an ingredient of such a compound ingredient as is
mentioned in paragraph (4)(b) or (4)(c) of this regulation is to be
named in the list of ingredients in accordance with paragraph (2) of
this regulation.
(6) Where an
ingredient of such a compound ingredient as is mentioned in
paragraph (4)(b) or (4)(c) of this regulation has been irradiated,
the name of that ingredient and the words required by paragraph 2 of
Schedule 2 are to be given, except in the case of food which is
prepared for patients requiring sterile diets under medical
supervision.".
8. In regulation 17
(ingredients which need not be named) -
9. In regulation 18
(foods which need not bear a list of ingredients)
-
10. In regulation 23
(food which is not prepacked and similar food, and fancy confectionery
products) after paragraph (2) insert the following paragraph
-
11. In regulation 27(1)
(certain food sold at catering establishments), for the words
"regulations 32, 33 and 34" substite the words "regulations 32, 33, 34
and 34B".
12. After
regulation 34A (drinks with high caffeine content), insert the
following regulation -
13. In regulation 50
(transitional provision), insert at the end the following paragraph
-
14. Immediately before
Schedule A1, insert as Schedule AA1 the contents of the Schedule to
these Regulations.
15. In Schedule 3 (generic names in list of ingredients),
in Part I (general) the entries relating to "Crystallised fruit" and
"Vegetables" are omitted.
Signed on behalf of the
National Assembly for Wales under section 66(1) of the Government of
Wales Act 1998[12]
D.
Elis-Thomas The Presiding Officer of the National
Assembly
16 November 2004
SCHEDULERegulation 14
NEW SCHEDULE AA1 TO BE INSERTED IN THE FOOD LABELLING
REGULATIONS 1996
" SCHEDULE AA1Regulations 2(1) and
34B
ALLERGENIC
INGREDIENTS
1. The
following cereals containing gluten: wheat, rye, barley, oats,
spelt, kamut and their hybridised
strains
2.
Crustaceans
3.
Eggs
4.
Fish
5.
Peanuts
6.
Soybeans
7.
Milk
8. The following nuts:
Almond (Amygdalus communis L.), Hazelnut (Corylus avellana), Walnut
(Juglans regia), Cashew (Anacardium occidentale), Pecan nut (Carya
illinoiesis (Wangenh.) K. Koch), Brazil nut (Bertholletia excelsa),
Pistachio nut (Pistacia vera), Macadamia nut and Queensland nut
(Macadamia ternifolia)
9.
Celery
10.
Mustard
11. Sesame
seeds
Sulphur dioxide and sulphites at concentrations of more
than 10 mg/kg or 10 mg/litre expressed as SO2".
EXPLANATORY NOTE
(This note is
not part of the
Regulations)
1.
These Regulations further amend the Food Labelling Regulations 1996
("the Principal Regulations") in so far as they apply to Wales. Those
Regulations extend to the whole of Great Britain. These Regulations
implement in Wales Directive 2003/89/EC of the European Parliament and
of the Council (OJ No. L308, 25.11.2003, p.15) amending Directive
2000/13/EC as regards indication of the ingredients present in
foodstuffs.
2. The Regulations
require that in the case of food containing any allergenic ingredient
(as defined in regulation 3(a) and the Schedule) or an ingredient
originating from an allergenic ingredient referred to in paragraphs 1
to 11 of the Schedule, the food be marked or labelled with a clear
reference to the name of the allergenic ingredient concerned
(regulations 12 and 14). There are exemptions in the case of food
which is not prepacked, food which is prepacked for direct sale and
fancy confectionery products (regulations 10 and
11).
3. By virtue of Article
13(4) of Directive 2000/13/EC of the European Parliament and of the
Council (OJ No. L109, 6.5.2000, p.29) on the approximation of the laws
of the Member States relating to the labelling, presentation and
advertising of foodstuffs, small packages and certain indelibly marked
glass bottles are exempt from the allergen labelling requirements of
Directive 2003/89/EC. The Regulations extend the allergen labelling
requirements to such packages and bottles as a national measure
(regulation 26 of the principal Regulations and regulations 4 and 12
of these Regulations refer). The Regulations were accordingly notified
in draft to the European Commission under Directive 98/34/EC of the
European Parliament and of the Council (OJ No. L204, 21.7.98, p.37)
laying down a procedure for the provision of information in the field
of technical standards and regulations and of rules on Information
Society services, as amended by Directive 98/48/EC of the European
Parliament and of the Council (OJ No. L217, 5.8.98,
p.18).
4. Also in the
implementation of Directive 2003/89/EC, the Regulations remove the
previous exemption from ingredient listing in the case of the
ingredients of a compound ingredient which constituted less than 25
per cent of the finished product, whilst providing a limited exemption
for some compound ingredients constituting less than 2 per cent of the
finished product (regulation 7(b) and (c)). The Regulations make some
other adjustments to the detailed rules regarding the order in which
ingredients are to be listed (regulation 5) and add a further
ingredient to those which do not need to be named (regulation 8(b)).
The Regulations make some consequential amendments (regulations 3(b),
6, 7(a), 8(a), 9 and 15) and contain a transitional provision
(regulation 13).
5. A
regulatory appraisal of the effect that these Regulations will have on
the costs of business 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 2003/89/EC are
transposed in these Regulations. Copies may be obtained from the Food
Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff
CF10 1EW.
Notes:
[1] 1990 c.16.back
[2] Functions formerly exercisable by "the Secretary
of State" so far as exercisable in relation to Wales were transferred
to the National Assembly for Wales by the National Assembly for Wales
(Transfer of Functions) Order 1999 (S.I. 1999/672) as read with
section 40(3) of the Food Standards Act 1999 (1999 c.28).back
[3] OJ No. L31, 1.2.2002, p.1. That Regulation was
last amended by Regulation (EC) No. 1642/2003 of the European
Parliament and of the Council (OJ No. L245, 29.9.2003, p.4)back
[4] S.I. 1996/1499; the relevant amending instruments
are S.I. 1998/1398, 1999/747, 1136, 1483, 2000/1925 (W.134), 2001/1232
(W.66), 2003/832 (W.104), 2004/249(W. 26), 2004/2731 (W.238).back
[5] OJ No. L109, 6.5.2000, p.29, as corrected by a
Corrigendum (OJ No. L124, 25.5.2000, p.66).back
[6] OJ No. L310, 28.11.2001, p19.back
[7] OJ No. L305, 7.11.2002, p.19.back
[8] OJ No. L236, 23.9.2003, p.33.back
[9] OJ No. L308, 25.11.2003, p.15.back
[10] OJ No. L69, 16.3.1999, p.22.back
[11] OJ No. L191, 19.7.2002, p.20.back
[12] 1998 c.38.back
Cymraeg
(Welsh)
ISBN 0 11091038 9
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