The Food Labelling Amendment (Scotland) Regulations 2003
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The Scottish Ministers, 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 of all other powers enabling them in that behalf, having had regard in accordance with section 48(4A)[2] of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B)[3] of that Act, hereby make the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Food Labelling Amendment (Scotland) Regulations 2003. (2) Regulations 1 to 4 shall come into force on 18th December 2003 and regulations 5 to 7 shall come into force on 1st July 2004. (3) These Regulations shall extend to Scotland only. Amendment of the Food Labelling Regulations 1996 2. The Food Labelling Regulations 1996[4] shall be amended in accordance with regulations 3 to 7. 3. In regulation 2(1) (interpretation)-
(b) after the definition of "Directive 99/2" insert-
4. - (1) In
each of the provisions specified in paragraph (2) below for "Directive
79/112", wherever it occurs, substitute "Directive
2002/13".
(b) after paragraph (5) insert-
6. After regulation 34
(foods containing sweeteners, added sugar and sweeteners, aspartame or
polyols) insert-
34A. - (1) Subject to paragraph (2), in the case of a drink which-
(b) is in concentrated or dried form and is intended for consumption after reconstitution and 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
food, 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) insert at the end-
(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 Labelling Amendment (Scotland) Regulations 2003 had not been in force when the food was sold.".
(This note is not part of the Regulations) These Regulations, which extend to Scotland only, amend the Food Labelling Regulations 1996 ("the 1996 Regulations") as amended. These Regulations implement 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-
(b) introduce a requirement that quinine and caffeine added to or used in food as a flavouring be identified by name in the list of ingredients (regulation 5); (c) introduce a requirement that drinks containing a high level of caffeine (above 150mg per litre) be marked as such and with a declaration of the caffeine content (in mg per 100 mls), except where "coffee" or "tea" is part of the name of the food (regulation 6); (d) provide a transitional period for these labelling requirements (regulation 7). A Regulatory Impact Assessment, which includes a compliance cost
assessment that these Regulations would have on business costs, has
been prepared and placed in the Scottish Parliament Information
Centre. Copies may be obtained from the Food Labelling and Standards
Division of the Food Standards Agency, 6th Floor, St Magnus House, 25
Guild Street, Aberdeen AB11 6NJ. Notes: [1] 1990 c.16; sections 16(1) and 48(1) were amended by the Food Standards Act 1999 (c.28) ("the 1999 Act") Act, Schedule 5, paragraph 8; section 17(1) was amended by the 1999 Act, Schedule 5, paragraph 8 and 12; section 26(3) was amended by the 1999 Act, Schedule 6; amendments made by Schedule 5 of the 1999 Act shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) ("the 1998 Act") by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.back [2] Section 48(4A) was inserted by the 1999 Act, Schedule 5, paragraph 21.back [3] Section 48(4B) was inserted by the 1999 Act, Schedule 5, paragraph 21.back [5] O.J. No. L 109, 6.5.00, p.29.back [6] O.J. No. L 124, 25.5.00, p.66.back [7] O.J. No. L 310, 28.11.01, p.19.back [8] O.J. No. L 305, 7.11.02, p.19.back [9] O.J. No. L 69, 16.3.99, p.22.back [10] O.J. No. L 191, 19.7.02, p.20.back
ISBN 0 11062551 X |
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