The Food with Added Phytosterols or Phytostanols (Labelling) (Wales) Regulations 2005

© Crown Copyright 2005

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Badge of Wales may be reproduced only where it is an integral part of the original document.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Food with Added Phytosterols or Phytostanols (Labelling) (Wales) Regulations 2005, ISBN 0110911164. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"Directive 2000/13" ("Cyfarwyddeb 2003/13") means Directive 2000/13/EC of the European Parliament and of the Council[4] on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by amendments up to and including those effected by Directive 2003/89/EC of the European Parliament and of the Council[5].

"edible ice" ("iâ bwytadwy") includes ice-cream, water ice and fruit ice, whether alone or in combination, and any similar food;

"fancy confectionery product" ("cynnyrch cyffaith ffansi") means any confectionery product in the form of a figure, animal, cigarette or egg or in any other fancy form;

"flour confectionery" ("cyffaith blawd") means any cooked food which is ready for consumption without further preparation (other than reheating), of which a characterising ingredient is ground cereal, including shortbread, sponges, crumpets, muffins, macaroons, ratafias, pastry and pastry cases, and also includes meringues, petits fours and uncooked pastry and pastry cases, but does not include bread, pizzas, biscuits, crispbread, extruded flat bread or any food containing a filling which has as an ingredient any cheese, meat, offal, fish, shellfish, vegetable protein material or microbial protein material;

"the key particulars" ("y manylion allweddol") means those particulars specified in items 1 and 5 in the second sub-paragraph of Article 2 of Regulation 608/2004;

"prepacked for direct sale" ("wedi'i ragbacio i'w werthu'n uniongyrchol") means  - 

(a) in relation to a food other than flour confectionery, bread and edible ices, prepacked by a retailer for sale by him or her on the premises where the food is packed or from a vehicle or stall used by him or her, and

(b) in relation to flour confectionery, bread and edible ices, prepacked by a retailer for sale as in paragraph (a) of this definition, or prepacked by the producer of the food for sale by him or her either on the premises where the food is produced or on other premises from which he or she conducts business under the same name as the business conducted on the premises where the food is produced;

"preparation" ("paratoi"), in relation to food, includes manufacture and any form of processing or treatment;

"Regulation 608/2004" ("Rheoliad 608/2004") means Commission Regulation (EC) No. 608/2004[6] concerning the labelling of foods and food ingredients with added phytosterols, phytosterol esters, phytostanols and/or phytostanol esters;

"sell" ("gwerthu") includes offer or expose for sale and have in possession for sale, and "sale" is to be construed accordingly;

"the specified particulars" ("y manylion penodedig") means the particulars required by Article 2 of Regulation 608/2004.

    (2) Food is regarded as prepacked for the purposes of these Regulations if  - 

(a) it is ready for sale to the ultimate consumer or to a mass caterer, and

(b) it is  - 


(i) put into packaging before being offered for sale in such a way that the food, whether wholly or only partly enclosed, cannot be altered without opening or changing the packaging, or

(ii) wholly enclosed in packaging before being offered for sale and the food is intended to be cooked without opening the packaging,



but food is not to be regarded as prepacked for the purposes of these Regulations if it comprises an individually wrapped sweet or chocolate which is not enclosed in any further packaging and which is not intended for sale as an individual item.

    (3) Other expressions used both in these Regulations and in Directive 2000/13 have the same meaning in these Regulations as they have in that Directive.

Offences and penalty
     3. Subject to regulation 4, if any person  - 

(a) sells any food in respect of which the labelling requirements of Regulation 608/2004 apply and which is not labelled with the specified particulars, or

(b) sells any food which is not labelled in accordance with regulation 5, 6 or 7,

he or she is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Exemption
     4. In the case of  - 

(a) food which is not prepacked,

(b) food which is prepacked for direct sale or

(c) individually wrapped fancy confectionery products which are not enclosed in any further packaging and which are intended for sale as single items,

such food need not be labelled with any of the specified particulars other than the key particulars.

Manner of labelling: general requirement
     5. When any food other than food to which regulation 6 applies is sold, any particulars with which it is required to be labelled by Regulation 608/2004 are to appear  - 

(a) on the packaging,

(b) on a label attached to the packaging, or

(c) on a label which is clearly visible through the packaging,

save that, where the sale is otherwise than to the ultimate consumer, such particulars may, alternatively, appear only on the commercial documents relating to the food where it can be guaranteed that such documents, containing all such particulars, either accompany the food to which they relate or were sent before, or at the same time as, delivery of the food.

Manner of labelling: special rules
     6.  - (1) This regulation applies to  - 

(a) food which is not prepacked;

(b) food which is prepacked for direct sale; and

(c) any individually wrapped fancy confectionery product which is not enclosed in any further packaging and which is intended for sale as a single item.

Intelligibility of marking or labelling
     7.  - (1) The particulars with which a food is required to be labelled as referred to in regulation 5 and 6, or which appear on a menu, notice, ticket or label pursuant to regulation 6, are to be easy to understand, clearly legible and indelible and, when a food is sold to the ultimate consumer, such particulars are to be marked in a conspicuous place in such a way as to be easily visible.

    (2) Such particulars are not in any way to be hidden, obscured or interrupted by any other written or pictorial matter.

    (3) Paragraph (1) is not to be taken to preclude the giving of such particulars by mass caterers, in respect of foods the variety and type of which are changed regularly, by means of temporary media (including the use of chalk on a blackboard).

Enforcement
     8.  - (1) Subject to paragraph (2), each food authority is to enforce and execute these Regulations in its area.

    (2) Each port health authority is to enforce and execute these Regulations in its district in relation to imported food.

Defence in relation to exports
     9. In any proceedings for an offence under these Regulations, it is a defence for the person charged to prove that the food in respect of which the offence is alleged to have been committed

(a) was intended for export to a country, other than a Member State, which has legislation analogous to Regulation 608/2004 and that the food complies with that legislation; or

(b) was intended for export to a Member State, is food to which regulation 608/2004 applies and the food complies with the provisions of that Regulation as read with Directive 2000/13 as applied in that State.

Application of various provisions of the Act
     10.  - (1) The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof is to be construed as a reference to these Regulations  - 

(a) section 2 (extended meaning of "sale" etc.);

(b) section 3 (presumption that food is intended for human consumption);

(c) section 20 (offences due to fault of another person);

(d) section 21 (defence of due diligence) as it applies for the purposes of section 14 or 15;

(e) section 30(8) (which relates to documentary evidence);

(f) section 35(1) (punishment of offences)[7] in so far as it relates to offences under section 33(1) as applied by paragraph (3) below;

(g) section 35(2) and (3) in so far as it relates to offences under section 33(2) as applied by paragraph (3) below;

(h) section 36 (offences by bodies corporate).

    (2) In the application of section 32 of the Act (powers of entry) for the purposes of these Regulations, the references in subsection (1) to the Act are construed as including references to Regulation 608/2004.

    (3) The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act are construed as including a reference to these Regulations as read with Regulation 608/2004  - 

(a) section 33(1) (obstruction etc. of officers);

(b) section 33(2) with the modification that the reference to "any such requirement as is mentioned in subsection (1)(b) above" is deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (a) above;

(c) section 44 (protection of officers acting in good faith).

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[8].


D. Elis-Thomas
The Presiding Officer of the National Assembly

26 April 2005

[2] Functions of 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] OJ No. L109, 6.5.2000, p.29, as corrected by a Corrigendum (OJ No. L124, 25.5.2000, p.66).back

[5] OJ No. L308, 25.11.2003, p.15.back

[6] OJ No. L97, 1.4.2004, p.44.back

[7] Section 35(1) is amended by the Criminal Justice Act 2003 (2003 c.44), Schedule 26, paragraph 42, from a date to be appointedback

[8] 1998 c.38.back