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The Secretary of State, in exercise of the powers conferred by section 16(1)(a) and (e) of the Food Safety Act 1990[1] and now vested in him[2], and having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, and after consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council[3] and in accordance with section 48(4) and (4B) of that Act, hereby makes the following Regulations: Title, extent and commencement 1. These Regulations -
(b) extend to England only; and (c) shall come into force on 2nd September 2003.
Interpretation
(b) in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;
Scope
(b) marked or labelled with a clear indication that the food is intended exclusively for consumption by babies or young children.
(3) Regulation 4 (restrictions on the use of certain names) shall not apply in respect of any food which is -
(ii) another part of the United Kingdom,
in which it was lawfully sold, having been lawfully produced in an EEA State; or
(ii) another part of the United Kingdom,
in which it was lawfully sold, having been lawfully produced in a member State, or in which it was in free circulation and lawfully sold.
(4) For the purposes of paragraph (3) -
Restrictions on the use of certain names
(b) the name is used in accordance with paragraph (2).
(2) A name which appears in column 1 of Schedule 2 shall not be used in the labelling or advertising of a food, whether or not qualified by other words, in such a way as to suggest, either expressly or by implication, that the product designated by that name is an ingredient of the food unless -
(ii) that product complied, at the time of preparation of the food, with the appropriate requirements in columns 2 and 3 of that Schedule; or
(b)
(ii) the food complies with the appropriate requirements in columns 2 and 3 of that Schedule.
(3) No person shall sell a food in the labelling of which a name is used in contravention of paragraph (1) or (2).
(b) any added ingredient to which sub-paragraph (a) does not apply other than an ingredient specified in Schedule 3.
(3) For the purposes of paragraph (1), no account shall be taken of the presence in or on the meat product of any seasoning, garnishing or gelatinous substance, nor of any packaging material enclosing the meat product.
(b) section 3 (presumption that food 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 sections 8, 14 or 15 of that Act); (e) section 22 (defence of publication in the course of business); (f) section 30(8) (which relates to documentary evidence); (g) section 33(1) (obstruction etc. of officers); (h) section 33(2), with the modification that the reference to "any such requirement as is mentioned in subsection 1(b) above" shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (g); (i) section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub-paragraph (g); (j) section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (h); (k) section 36 (offences by bodies corporate); and (l) section 44 (protection of officers acting in good faith).
Amendment of the Food Labelling Regulations 1996
(ii) after sub-paragraph (b) there shall be inserted the following -
(c) after Schedule 4 there shall be inserted the Schedule contained in Schedule 4 to these Regulations.
Transitional provision and defence in relation to exports
(ii) the matter constituting the offence would not have constituted an offence under the Meat Products and Spreadable Fish Products Regulations 1984[10] as they stood immediately prior to the coming into force of these Regulations; or
(b) the food in respect of which the offence is alleged to have been committed -
(ii) in the case of proceedings for an offence under regulation 4 or 5, was intended for export and was marked or labelled before 1st February 2004.
Revocations 1. Raw meat to which no ingredient, or no ingredient other than proteolytic enzymes has been added. 2. Poultrymeat falling within the scope of Council Regulation (EEC) No. 1906/90[11] on certain marketing standards for poultry, as amended (in so far as is relevant to these Regulations) by Council Regulation (EEC) No. 317/93[12] and Council Regulation (EC) No. 3204/93[13], and as read with Commission Regulation (EEC) No. 1538/91[14] introducing detailed rules for implementing Regulation (EEC) No. 1906/90, as amended (in so far as is relevant to these Regulations) by Commission Regulation (EEC) No. 2891/93[15], Commission Regulation (EC) No. 2390/95[16] and Commission Regulation (EC) No. 1000/96[17]. 3. Any product containing the fat, but no other meat, of any bird or animal.
1. Any additive. 2. Any curing salt. 3. Any ingredient used solely as a garnish or decorative coating. 4. Any ingredient (not being an additive) that is added only in order to impart odour or taste or both. 5. Any salt, herb or spice used as seasoning. 6. Any starch that is added only for a technological purpose. 7. Any protein (of either animal or vegetable origin) that is added only for a technological purpose. 8. Any sugar that is added only in order to impart a sweet taste. 9. In the case of meat (whether cooked or uncooked) or cooked cured meat, added water making up not more than 5% of the weight of the product. 10. In the case of uncooked cured meat, added water making up not more than 10% of the weight of the product. Notes: For the purposes of item 1 of this Schedule, "additive" means any substance permitted for use in food by the Colours in Food Regulations 1995[18], the Flavourings in Food Regulations 1992[19], the Miscellaneous Food Additives Regulations 1995[20] or the Sweeteners in Food Regulations 1995[21]. For the purposes of items 6 and 7 of this Schedule, "technological purpose" means any purpose within the meaning of "technological purposes" in point 4 of Chapter V of Annex B to Council Directive 77/99/EEC on health problems affecting intra-Community trade in meat products, as amended and updated by Council Directive 92/5/EEC[22] and as further amended by Council Directive 97/76/EC[23]. 1. Sandwiches, filled rolls and similar products, which are ready for consumption without further processing, other than products containing meat which are sold under a name, whether or not qualified by other words, included in the items "burger", "economy burger" or "hamburger" in Schedule 2 (reserved descriptions) to the Meat Products (England) Regulations 2003. 2. Pizzas and similar topped products. 3. Any food for which the name is "broth", "gravy" or "soup", whether or not qualified by other words. 4. A food consisting of an assemblage of two or more ingredients, which has not been subjected to any processing or treatment once it has been assembled, and which is sold to the ultimate consumer as an individual portion intended to be consumed without further processing or treatment.".
(This note is not part of the Regulations) In relation to England these Regulations revoke, and replace in part, the Meat Products and Spreadable Fish Products Regulations 1984 (S.I. 1984/1566, as amended) which extend to England and Wales (Regulation 11). These Regulations -
(b) specify the scope of the Regulations (Regulation 3); (c) prohibit the use of specified names in the labelling or advertising of meat products if the products do not satisfy specific compositional requirements and the sale of food labelled in contravention of that prohibition (Regulation 4 and Schedule 2); (d) prescribe that, save in specified cases, where meat products of a specified appearance are sold the name used as the name of the food in the labelling of the products must include an indication of any added ingredients of animal origin and of any other added ingredients not falling into specified categories (Regulation 5 and Schedule 3); (e) subject to an exception, prohibit the sale of uncooked meat products which include amongst their ingredients specified parts of the carcase of any mammalian species of animal (Regulation 6); (f) prescribe penalties for breach of the Regulations and allocate responsibility for their enforcement and execution (Regulation 7); (g) subject to a modification, apply specified provisions of the Food Safety Act 1990 for the purposes of the Regulations (Regulation 8); (h) amend the Food Labelling Regulations 1996 (S.I. 1996/1499 as amended) in relation to England by -
(ii) in Regulation 23 (food which is not prepacked and similar food and fancy confectionery products) adding, as an exception to that regulation, a new paragraph 2(c) providing that, in the case of meat products other than specified ones, which are not prepacked or which are prepacked for direct sale, a declaration is required in accordance with regulation 5(bA) of the 1996 Regulations as to the quantity of certain ingredients or categories of ingredients (Regulation 9); and
(i) include a transitional provision relating to offences under the Regulations committed before 1st February 2004 and a defence in relation to food intended for export (Regulation 10).
A regulatory impact assessment has been prepared in respect of these Regulations and has been placed in the Library of each House of Parliament. Copies may be obtained from the Food Labelling and Standards Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH. Notes: [1] 1990 c. 16.back [2] Functions formerly exercisable by "the Ministers" (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales) are now exercisable in relation to England by the Secretary of State pursuant to paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999 (c. 28) and paragraph 21 of that Schedule amends section 48 of the 1990 Act. Functions of "the Ministers", 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 1999 Act. Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46), as read with section 40(2) of the 1999 Act. Regulation 13(4) of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 (S.I. 2000/656) expressly authorises the Secretary of State to amend or revoke existing Regulations made or having effect as if made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the 1990 Act.back [3] OJ No. L131, 1.2.2002, p. 1, 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.back [4] S.I. 1996/1499; relevant amending instruments are S.I. 1998/1398, S.I. 1999/747, S.I. 1999/1136, S.I. 1999/1483 and S.I. 2003/474.back [5] OJ No. L109, 6.5.2000, p. 29.back [6] OJ No. L310, 28.11.2001, p. 19.back [8] OJ No. L1, 3.1.94, p. 1.back [9] OJ No. L1, 3.1.94, p. 571.back [10] S.I. 1984/1566, amended by S.I. 1986/987, 1990/2486, 1991/1476, 1992/2596, 1995/3123, 1995/3124, 1995/3181, 1996/1499, 1998/1398, 2001/2294.back [11] OJ No. L173, 6.7.90, p. 1.back [12] OJ No. L37, 13.2.93, p. 8.back [13] OJ No. L289, 24.11.93, p. 3.back [14] OJ No. L143, 7.6.91, p. 11.back [15] OJ No. L263, 22.10.93, p. 12.back [16] OJ No. L244, 12.10.95, p. 60.back [17] OJ No. L134, 5.6.96, p. 9.back [18] S.I. 1995/3124, amended by S.I. 2000/481, 2001/3442.back [19] S.I. 1992/1971, amended by S.I. 1994/1486, 1996/1499.back [20] S.I. 1995/3187, amended by S.I. 1997/1413, 1999/1136, 2000/3323, 2001/60, 2294, 3442, 3775 and S.I. 2003/1008.back [21] S.I. 1995/3123; amended by S.I. 1996/1477, 1997/814, 1999/982, 2001/2294, 2002/379 and S.I. 2003/1182.back [22] OJ No. L57, 2.3.92, p. 1.back [23] OJ No. L10, 16.1.98, p. 25.back
ISBN 0 11 047359 0
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