The Food Information Regulations (Northern Ireland) 2014

[F1 PART 2 N.I. Consequential and other amendments coming into operation on 13th December 2014

Textual Amendments

F1 Words in Sch. 1 inserted (1.10.2021) by The Food Information (Amendment No. 2) Regulations (Northern Ireland) 2020 (S.R. 2020/80), regs. 1, 2(8)

The Food Labelling Regulations (Northern Ireland) 1996 N.I.

1.— (1) The Food Labelling Regulations (Northern Ireland) 1996 are amended in accordance with subparagraphs (2) to (4).

(2) In regulation 2(1)(interpretation), for the definition of “ingredient” substitute—

““ingredient” has the meaning given in Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as amended from time to time;”.

(3) In regulation 3 (exemptions), for paragraph (1) substitute—

“(1) This regulation does not apply to a food that is brought into Northern Ireland from another part of the United Kingdom, an EEA State (other than the United Kingdom), a member State (other than the United Kingdom) or from the Republic of Turkey in which it was lawfully produced or marketed.”.

(4) In Schedule 8 (misleading descriptions), Part I—

(a) In the second column of the table for the entry relating to the description “alcohol-free”, for subparagraph (b) substitute—

“(b) the drink is marked or labelled with—

(i) an indication of its maximum alcoholic strength in a form comprising of the words “not more than” followed by a figure to not more than one decimal place indicating its maximum alcoholic strength and the symbol “% vol.” (required form 1), “alcohol % vol.” (required form 2), or “alc. % vol.” (required form 3), or

(ii) in an appropriate case, an indication that it contains no alcohol.”;

(b) In the second column of entry relating to the description “dealcoholised”, for subparagraph (b) substitute—

“(b) the drink is marked or labelled with—

(i) an indication of its maximum alcoholic strength in required form 1, 2 or 3, or

(ii) in an appropriate case, an indication that it contains no alcohol.”; and

(c) In the second column of entry relating to the description “low alcohol” (or any other word or description which implies that the drink being described is low in alcohol), for subparagraph (b) substitute—

“(b) an indication of its maximum alcoholic strength in required form 1, 2 or 3.”.

Commencement Information

I1 Sch. 7 Pt. 2 para. 1 in operation at 13.12.2014, see reg. 1(2)

The Food (Lot Marking) Regulations (Northern Ireland) 1996 N.I.

2.— (1) The Food (Lot Marking) Regulations (Northern Ireland) 1996 are amended in accordance with subparagraphs (2) and (3).

(2) For regulation 2(1) (interpretation) substitute—

“2.   In these Regulations—

“date of minimum durability” is to be construed taking into account the definition of “date of minimum durability of a food” in Article 2(2)(r) of Regulation (EU) No 1169/2011;

“first seller established within the Community” has the same meaning as in Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs;

“food” means food, within the meaning of the Order, intended for sale for human consumption;

“ice cream” has the same meaning as in Directive 2011/91/EU of the European Parliament and of the Council;

“lot” means a batch of sales units of food produced, manufactured or packaged under similar conditions;

“lot marking indication” means an indication which allows identification of the lot to which a sales unit of food belongs;

“the Order” means the Food Safety (Northern Ireland) Order 1991;

“prepacked food” has the meaning given in Article 2(2)(e) of Regulation (EU) No 1169/2011;

“prepacked for immediate sale” has the same meaning as “prepacked for direct sale” in Regulation (EU) No 1169/2011;

“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;

“sell” includes offer or expose for sale and have in possession for sale;

“ultimate consumer” has the same meaning as “final consumer” in Article 3, point 18 of Regulation (EC) No 178/2002 of the European Parliament and of the Council 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;

“use by date” has the same meaning as in Regulation (EU) No 1169/2011.”.

(3) In regulation 4 (exceptions for particular types of sale and sale units) —

(a) in subparagraph (e), for “edible ice” substitute “ice cream”; and

(b) in subparagraph (g) —

(i) for “an indication of minimum durability”, substitute “the date of minimum durability”; and

(ii) for “the Food Labelling Regulations require”, substitute “Regulation (EU) No 1169/2011 requires”.

Commencement Information

I2 Sch. 7 Pt. 2 para. 2 in operation at 13.12.2014, see reg. 1(2)

The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations (Northern Ireland) 1997 N.I.

3.   In regulation 3(b) (labelling requirements) of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations (Northern Ireland) 1997(1), for “Tables A and B of Part II of Schedule 6 to the Food Labelling Regulations (Northern Ireland) 1996”, substitute “Annex XIII, Part A, point 1 to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”.

Commencement Information

I3 Sch. 7 Pt. 2 para. 3 in operation at 13.12.2014, see reg. 1(2)

The Bread and Flour Regulations (Northern Ireland) 1998 N.I.

4.   Regulation 2 (interpretation) of the Bread and Flour Regulations (Northern Ireland) 1998(2) is amended as follows—

(a) in the definition of “ingredient”, for “the Food Labelling Regulations (Northern Ireland) 1996”, substitute “Article 2(2)(f) of Regulation (EU) No 1169/2011”;

(b) in the definition of “labelling”, for “The Food Labelling Regulations (Northern Ireland) 1996”, substitute “Article 2(2)(j) of Regulation (EU) No 1169/2011”;

(c) omit the definition of “member State”; and

(d) after the definition of “the Order”, insert—

““Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004; and”.

Commencement Information

I4 Sch. 7 Pt. 2 para. 4 in operation at 13.12.2014, see reg. 1(2)

The Coffee Extracts and Chicory Extracts Regulations (Northern Ireland) 2001 N.I.

5.— (1) The Coffee Extracts and Chicory Extracts Regulations (Northern Ireland) 2001(3) are amended in accordance with subparagraphs (2) and (3).

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “the 1996 Regulations”; and

(b) after the definition of “the Order” insert—

““Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;”.

(3) In regulation 5(1) (labelling and description of designated products)—

(a) for “the 1996 Regulations”, substitute “Regulation (EU) No 1169/2011”;

(b) in subparagraph (a), for “regulation 6(1) of the 1996 Regulations”, substitute “Article 17 of Regulation (EU) No 1169/2011”; and

(c) in subparagraph (c), for “the 1996 Regulations”, substitute “Article 17 of Regulation (EU) No 1169/2011”.

Commencement Information

I5 Sch. 7 Pt. 2 para. 5 in operation at 13.12.2014, see reg. 1(2)

The Food Supplements Regulations (Northern Ireland) 2003 N.I.

6.— (1) The Food Supplements Regulations (Northern Ireland) 2003(4) are amended in accordance with subparagraphs (2) to (4).

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “Directive 90/496”; and

(b) insert the following definition in its correct alphabetical place—

““Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;”.

(3) In regulation 6 (restrictions on sale relating to labelling etc. of food supplements)—

(a) in paragraph (2), for “the Food Labelling Regulations (Northern Ireland) 1996”, substitute “Regulation (EU) No 1169/2011”; and

(b) in paragraph (3)(e), for “the Annex to Council Directive 90/496/EEC”, substitute “Annex XIII to Regulation (EU) No 1169/2011”.

(4) In regulation 7(1) (manner of marking or labelling), for “regulation 5(a), (c) and (e) of the Food Labelling Regulations (Northern Ireland) 1996”, substitute “Article 9(1)(a), (f), (g) and (h) of Regulation (EU) No 1169/2011”.

Commencement Information

I6 Sch. 7 Pt. 2 para. 6 in operation at 13.12.2014, see reg. 1(2)

The Specified Sugar Products Regulations (Northern Ireland) 2003 N.I.

7.— (1) The Specified Sugar Products Regulations (Northern Ireland) 2003(5) are amended in accordance with subparagraphs (2) and (3).

(2) In regulation 2 (interpretation), omit the definition of “the 1996 Regulations”;

(3) In regulation 5(1) (labelling and description of specified sugar products), for “Part II of the 1996 Regulations”, substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”.

Commencement Information

I7 Sch. 7 para. 7 in operation at 13.12.2014, see reg. 1(2)

The Cocoa and Chocolate Products Regulations (Northern Ireland) 2003 N.I.

8.— (1) The Cocoa and Chocolate Products Regulations (Northern Ireland) 2003(6) are amended in accordance with subparagraphs (2) to (4).

(2) In regulation 2 (interpretation)—

(a) omit the definition of “the 1996 Regulations”; and

(b) after the definition of “preparation” insert—

““Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;”.

(3) In regulation 5 (reserved descriptions), for subparagraphs (b) and (c) substitute—

“(b) such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food;

(c) such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food is not and does not contain a designated product; or

(d) the use of such description, derivative or word to designate the food is in accordance with the customs applicable in the United Kingdom and the food cannot be confused with a product listed in column 1 of Schedule 1.”.

(4) In regulation 6 (labelling and description of designated products)—

(a) in paragraph (1), for “Part II of the 1996 Regulations”, substitute “Regulation (EU) No 1169/2011”; and

(b) in paragraph 2(b), for “the 1996 Regulations”, substitute “Article 9(1)(b) of Regulation (EU) No 1169/2011”.

Commencement Information

I8 Sch. 7 para. 8 in operation at 13.12.2014, see reg. 1(2)

The Honey Regulations (Northern Ireland) 2003 N.I.

F2 9.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 7 para. 9 omitted (24.6.2015) by virtue of The Honey Regulations (Northern Ireland) 2015 (S.R. 2015/261), regs. 1, 20(2)(b)

Commencement Information

I9 Sch. 7 para. 9 in operation at 13.12.2014, see reg. 1(2)

The Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations (Northern Ireland) 2003 N.I.

10.   In regulation 8(1) (labelling) of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations (Northern Ireland) 2003(7), for “Part II of the Food Labelling Regulations (Northern Ireland) 1996”, substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”;.

Commencement Information

I10 Sch. 7 para. 10 in operation at 13.12.2014, see reg. 1(2)

The Price Marking Order (Northern Ireland) 2004 N.I.

11.   In Article 2(1) (interpretation) of the Price Marking Order (Northern Ireland) 2004(8), in the definition of “liquid medium” for “paragraph 4” to the end, substitute “the second subparagraph of point 5 of Annex IX to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers;”.

Commencement Information

I11 Sch. 7 para. 11 in operation at 13.12.2014, see reg. 1(2)

The Food Hygiene Regulations (Northern Ireland) 2006 N.I.

12.   In Schedule 4 (temperature control requirements), paragraph 8 (interpretation), to the Food Hygiene Regulations (Northern Ireland) 2006(9) for subparagraphs (a) and (b) in the definition of “shelf life” substitute—

“(a) in relation to food for which a date of minimum durability is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required date of minimum durability;

(b) in relation to food for which a “use by” date is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required “use by” date; and”.

Commencement Information

I12 Sch. 7 para. 12 in operation at 13.12.2014, see reg. 1(2)

The Quick-frozen Foodstuffs (No.2) Regulations (Northern Ireland) 2007 N.I.

13.— (1) The Quick-frozen Foodstuffs (No. 2) Regulations (Northern Ireland) 2007(10) are amended in accordance with subparagraphs (2) and (3).

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “catering establishment”;

(b) in the definition of “local distribution” for “catering establishment” substitute “mass caterer”;

(c) after the definition of “local distribution”, insert—

““mass caterer” has the meaning given by Article 2(2)(d) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers;”;

(d) in the definition of “prepackaging”, for “the Food Labelling Regulations (Northern Ireland) 1996”, substitute “Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”; and

(e) for the definition of “ultimate consumer” substitute—

““ultimate consumer” has the same meaning as “final consumer” in Article 3, point 18 of Regulation 178/2002.”.

(3) In regulation 5(2) and (4) (marking or labelling of quick frozen foodstuffs), for “catering establishment”, substitute “mass caterer”.

Commencement Information

I13 Sch. 7 para. 13 in operation at 13.12.2014, see reg. 1(2)

The Addition of Vitamins, Minerals and other Substances Regulations (Northern Ireland) 2007 N.I.

14.   In the Addition of Vitamins, Minerals and other Substances Regulations (Northern Ireland) 2007(11), for regulation 4(2)(e) (offences and penalties) substitute—

“(e) Article 7(1), (2) and (3) (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added) as amended by Article 50 Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers.”.

Commencement Information

I14 Sch. 7 para. 14 in operation at 13.12.2014, see reg. 1(2)

The Nutrition and Health Claims Regulations (Northern Ireland) 2007 N.I.

15.   In the Nutrition and Health Claims Regulations (Northern Ireland) 2007(12), for regulation 5(2)(d) (offences and penalties) substitute—

“(d) Article 7 (requirements for nutrition information) as amended by Article 49 Regulation (EU) No 1169/2011;”.

Commencement Information

I15 Sch. 7 para. 15 in operation at 13.12.2014, see reg. 1(2)

The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2007 N.I.

F3 16.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 7 para. 16 omitted (28.11.2015) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 (S.R. 2015/365), reg. 1, Sch. 13 para. 3

Commencement Information

I16 Sch. 7 para. 16 in operation at 13.12.2014, see reg. 1(2)

The Eggs and Chicks Regulations (Northern Ireland) 2010 N.I.

17.— (1) The Eggs and Chicks Regulations (Northern Ireland) 2010(13) are amended in accordance with subparagraphs (2) and (3).

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “Directive 2000/13/EC”; and

(b) after the definition of “Regulation (EC) No 2160/2003”, insert—

““Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;”.

(3) In Schedule 2 , Part 2 (provisions of Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs(14) contravention of which is an offence)—

(a) in the second column of the entry in the table relating to Article 4(2), for “Directive 2000/13/EC”, substitute “Regulation (EU) No 1169/2011”;

(b) in the second column of the entry in the table relating to Article 6(3), for “Article 9(2) of Directive 2000/13/EC”, substitute “point 1(a) of Annex X to Regulation (EU) No 1169/2011”; and

(c) in the second column of the entry in the table relating to Article 13, for “Article 3(1)(5) of Directive 2000/13/EC”, substitute “Article 9(1)(f) of Regulation (EU) No 1169/2011”.]

Commencement Information

I17 Sch. 7 para. 17 in operation at 13.12.2014, see reg. 1(2)

(1)

S.R. 1997 No. 450, to which there are amendments not relevant to these Regulations

(2)

S.R. 1998 No. 24, to which there are amendments not relevant to these Regulations

(3)

S.R. 2001 No. 45

(4)

S.R. 2003 No. 273, amended by S.R. 2009 No. 407 and to which there are other amendments not relevant to these Regulations

(5)

S.R. 2003 No. 301, to which there are amendments not relevant to these Regulations

(6)

S.R. 2003 No. 313

(7)

S.R. 2003 No. 530, to which there are amendments not relevant to these Regulations

(8)

S.R. 2004 No. 368, to which there are amendments not relevant to these Regulations

(9)

S.R. 2006 No. 3, to which there are amendments not relevant to these Regulations

(10)

S.R. 2007 No. 110

(11)

S.R. 2007 No. 301

(12)

S.R. 2007 No. 349, to which there are amendments not relevant to these Regulations

(13)

S.R. 2010 No. 125, to which there are amendments not relevant to these Regulations

(14)

OJ No L 163, 24.6.2008, p 6, last amended by Commission Regulation (EU) No 519/2013 (OJ No L 158, 10.6.2013, p 74)