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The Secretary of State, 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 him[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. - (1) These Regulations may be cited as the Food (Provisions relating to Labelling) (England) Regulations 2003; they apply in relation to England only. (2) These Regulations come into force on 7th November 2003 except for regulations 5 to 7 which come into force on 1st July 2004. Amendment of the Food Labelling Regulations 1996 2. The Food Labelling Regulations 1996[4] shall be amended (in so far as they apply in relation to England) in accordance with regulations 3 to 7. 3. In regulation 2(1) (interpretation) -
(b) after the definition of "Directive 99/2" there shall be inserted the following definition -
4.
In the following provisions -
for the words "Directive 79/112" there shall be substituted the words "Directive 2000/13".
(b) after paragraph (5) there shall be inserted the following paragraph -
6.
After regulation 34 (foods containing sweeteners, added sugar and sweeteners, aspartame or polyols) there shall be inserted the following regulation -
34A. - (1) Subject to paragraph (2) of this regulation, in the case of a drink which -
(b)is in concentrated or dried form and after reconstitution contains caffeine, from whatever source, in a proportion in excess of 150 milligrams per litre,
that drink shall be marked or labelled with the words "High caffeine content" in the same field of vision as the name of the drink, and those words shall be followed by a reference in brackets to the caffeine content expressed in milligrams per 100 millilitres.
7.
In regulation 50 (transitional provision) there shall be inserted at the end the following paragraph -
(b) the matters constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 5 and 6 of the Food (Provisions relating to Labelling) (England) Regulations 2003 had not been in operation when the food was sold.".
Amendment of the Genetically Modified and Novel Foods (Labelling) (England) Regulations 2000
(ii) in the definition of "Regulation 1139/98" there shall be substituted for the expression "Directive 79/112/EEC" the expression "Directive 2000/13";
(b) in regulation 3(1) (exemptions) and regulation 9(b) (defence in relation to exports) there shall be substituted for the expression "Directive 79/112" the expression "Directive 2000/13".
(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 in relation to England. Those Regulations extend to the whole of Great Britain. 2. These Regulations implement in England 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 -
(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). 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 and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28) and paragraphs 12 and 21 of that Schedule amend respectively sections 17(1) and 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 and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) as read with section 40(2) of the 1999 Act. Regulation 13(4) of 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. L31, 1.2.2002, p.1.back [4] S.I. 1996/1499; relevant amending instruments are S.I. 1998/1398, 1999/747, 1136, 1483, 2000/768, 2254, 2003/474.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, p.19.back [7] OJ No. L305, 7.11.2002, p.19.back [8] OJ No. L69, 16.3.1999, p.22.back [9] OJ No. L191, 19.7.2002, p.20.back [11] OJ No. L109, 6.5.2000, p.29, as corrected by a Corrigendum (OJ No. L124, 25.5.2000, p.66).back [12] OJ No. L310, 28.11.2001, p.19.back [13] OJ No. L305, 7.11.2002, p.19.back
ISBN 0 11 047893 2
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