5.—(1) Without prejudice to [F1Regulation (EU) No 1169/2011], no person shall sell any designated product unless it is marked or labelled with the following particulars–
(a)subject to paragraph (2) below, a reserved description of the product which shall be the name prescribed by law for that product for the purposes of [F2Article 17 of Regulation (EU) No 1169/2011];
(b)the word “decaffeinated” in the case of a product specified in column 2 of Part I of the Schedule which has been subjected to a decaffeination process and in which the residual anhydrous caffeine content does not exceed 0.30% of its coffee-based dry matter content;
(c)in the case of a product specified in item 3 of column 2 of Part I or II of the Schedule in which sugar has been used, the words “with X”, “preserved with X”, “with added X” or “roasted with X”, as appropriate, “X” being the name of the sugar product used, which name shall be the reserved description of that product specified in relation thereto in [F3the Specified Sugar Products (Scotland) Regulations 2003] or, if the sugar product has no such reserved description, the name of the product which if the sugar product were itself being sold as a food would be used, pursuant to [F4Article 17 of Regulation (EU) No 1169/2011], as the name of the food;
(d)in the case of a product specified in item 2 or 3 of column 2 of Part I of the Schedule, a declaration of the minimum coffee–based dry matter content expressed as a percentage; and
(e)in the case of a product specified in item 2 or 3 of column 2 of Part II of the Schedule, a declaration of the minimum chicory–based dry matter content expressed as a percentage.
(2) The information required by paragraph (1)(b) and (c) above shall be in the same field of vision as the reserved description required by paragraph (1)(a) above.
(3) In the case of a product specified in item 3 of column 2 of Part I of the Schedule containing more than 25% coffee–based dry matter and of a product specified in item 3 of column 2 of Part II of the Schedule containing more than 45% chicory–based dry matter, the word “concentrated” may be added to the reserved description.
Textual Amendments
F1Words in reg. 5(1) substituted (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 5 para. 6(b)(i)
F2Words in reg. 5(1)(a) substituted (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 5 para. 6(b)(ii)
F3Words in reg. 5(1)(c) substituted (28.11.2003) by The Specified Sugar Products (Scotland) Regulations 2003 (S.S.I. 2003/527), reg. 1(1), sch. 2 (with reg. 10)
F4Words in reg. 5(1)(c) substituted (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 5 para. 6(b)(iii)