The Food Information (Wales) Regulations 2014

PART 2 U.K. Consequential and other minor amendments coming into force on 13 December 2014

The Food Labelling Regulations 1996 U.K.

10.  The Food Labelling Regulations 1996 M1 are amended as follows.

Marginal Citations

M1 S.I. 1996/1499, relevant amending instruments are S.I. 1998/1398, 1999/747, 2011/1043. S.I. 1996/1499 is partially revoked on 13 December 2014 by entry 1 of the table in Part 1 of Schedule 6 to these Regulations.

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

““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;”.

12.  In regulation 3 (exemptions), for paragraph (1) substitute— U.K.

“(1) This regulation does not apply to a food that is brought into Wales 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.”

13.  In Schedule 8 (misleading descriptions), Part I— U.K.

(a) in the second column of entry relating to the description “alcohol-free”, for sub-paragraph (b) substitute—

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

(i) an indication of its maximum alcoholic strength in a form comprising 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 “dealcoholized”, for sub-paragraph (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 sub-paragraph (b) substitute—

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

The Food (Lot Marking) Regulations 1996 U.K.

14.  The Food (Lot Marking) Regulations 1996 M2 are amended as follows.

Marginal Citations

M2 S.I. 1996/1502, amended by S.I. 2011/1043. S.I. 1996/1502 is amended on 19 September 2014 by paragraphs 4 and 5 of Schedule 7 to these Regulations.

15.  For regulation 2 (interpretation) substitute— U.K.

“2.   In these Regulations—

“the Act” means the Food Safety Act 1990;

“date of minimum durability” is to be construed taking into account the definition of “date of minimum durability of 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 Act, 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;

“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, and “sale” and “sold” are to be construed accordingly;

“ultimate consumer” has the same meaning as “final consumer” in point 18 of Article 3 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 M3 ;

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

Marginal Citations

M3 OJ No L 31, 1.2.2002, p 1, last amended by Commission Regulation (EC) No 596/2009 (OJ No L 188, 18.7.2009, p 14).

16.  In regulation 4 (exceptions for particular types of sale and sales units)— U.K.

(a) in sub-paragraph (e), for “edible ice” substitute “ ice cream ”; and

(b) in sub-paragraph (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 ”.

The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 U.K.

17.  The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 M4 are amended as follows.

Marginal Citations

M4 S.I. 1997/2182, to which there are amendments not relevant to these Regulations.

18.  In regulation 3(b) (labelling requirements), for “Tables A and B of Part II of Schedule 6 to the Food Labelling Regulations 1996” substitute “ point 1 of Part A of Annex XIII to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers ”. U.K.

The Bread and Flour Regulations 1998 U.K.

19.  The Bread and Flour Regulations 1998 M5 are amended as follows.

Marginal Citations

M5 S.I. 1998/141, amended by S.I. 2011/1043; there are other amending instruments but none is relevant.

20.  In regulation 2(1) (interpretation)— U.K.

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

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

(c) omit the definitions of “the labelling regulations” and “member State”; and

(d) after the definition of “labelling”, 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;”.

The Coffee Extracts and Chicory Extracts (Wales) Regulations 2001 U.K.

21.  The Coffee Extracts and Chicory Extracts (Wales) Regulations 2001 M6 are amended as follows.

Marginal Citations

M6 S.I. 2001/1440 (W. 102), amended by S.I. 2003/3047 (W. 290); there are other amending instruments but none is relevant.

22.  In regulation 2(1) (interpretation)— U.K.

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

(b) after the definition of “designated product” (“cynnyrch dynodedig”), insert—

““Regulation (EU) No 1169/2011” (“Rheoliad (EU) Rhif 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;”.

23.  In regulation 5(1) (labelling and description of designated products)— U.K.

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

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

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

The Food Supplements (Wales) Regulations 2003 U.K.

24.  The Food Supplements (Wales) Regulations 2003 M7 are amended as follows.

Marginal Citations

M7 S.I. 2003/1719 (W. 186), amended by S.I. 2009/3252 (W. 282); there are other amending instruments but none is relevant.

25.  In regulation 2(1) (interpretation)— U.K.

(a) omit the definition of “Directive 90/496 M8 ” (“Cyfarwyddeb 90/496”); and

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

““Regulation (EU) No 1169/2011” (“Rheoliad (EU) Rhif 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;”.

Marginal Citations

M8 OJ No L 276, 06.10.1990, p 40, repealed by Regulation (EU) No 1169/2011 of the European Parliament and of the Council (OJ No L 304, 22.11.2011, p 18).

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

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

(b) in paragraph (3)(e)—

(i) for “the Annex to Directive 90/496” substitute “ point 1 of Part A of Annex XIII to Regulation (EU) No 1169/2011 ”; and

(ii) for “relevant recommended daily allowance specified in that Annex” substitute “ relevant reference value specified in that point ”.

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

The Cocoa and Chocolate Products (Wales) Regulations 2003 U.K.

28.  The Cocoa and Chocolate Products (Wales) Regulations 2003 M9 are amended as follows.

Marginal Citations

M9 S.I. 2003/3037 (W. 285), to which there are amendments not relevant to these Regulations.

29.  In regulation 2(1) (interpretation)— U.K.

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

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

““Regulation (EU) No 1169/2011” (“Rheoliad (EU) Rhif 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 M10 ;”.

Marginal Citations

M10 OJ No L 304, 22.11.2011, p 18, last amended by Commission Delegated Regulation (EU) No 78/2014 (OJ No L 27, 30.1.2014, p 7).

30.  In regulation 5 (reserved descriptions), for paragraphs (b) and (c) substitute— U.K.

“(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.”

31.  In regulation 6 (labelling and description of designated products)— U.K.

(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 ”.

The Honey (Wales) Regulations 2003 U.K.

F1 32.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 7 paras. 32-34 omitted (3.8.2015) by virtue of The Honey (Wales) Regulations 2015 (S.I. 2015/1507), regs. 1(2), 20(2)(b)

F1 33.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Sch. 7 paras. 32-34 omitted (3.8.2015) by virtue of The Honey (Wales) Regulations 2015 (S.I. 2015/1507), regs. 1(2), 20(2)(b)

F1 34.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Sch. 7 paras. 32-34 omitted (3.8.2015) by virtue of The Honey (Wales) Regulations 2015 (S.I. 2015/1507), regs. 1(2), 20(2)(b)

The Specified Sugar Products (Wales) Regulations 2003 U.K.

35.  The Specified Sugar Products (Wales) Regulations 2003 M11 are amended as follows.

Marginal Citations

M11 S.I. 2003/3047 (W. 290), to which there are amendments not relevant to these Regulations.

36.  In regulation 2 (interpretation), omit the definition of “ the 1996 Regulations” (“Rheoliadau 1996”). U.K.

37.  In regulation 5 (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 ”. U.K.

The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004 U.K.

38.  The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004 M12 are amended as follows.

Marginal Citations

M12 S.I. 2004/314 (W. 32), to which there are amendments not relevant to these Regulations.

39.  In regulation 8(1) (labelling), for “Part II of the Food Labelling Regulations 1996” substitute “ Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers ”. U.K.

The Food Hygiene (Wales) Regulations 2006 U.K.

40.  The Food Hygiene (Wales) Regulations 2006 M13 are amended as follows.

Marginal Citations

M13 S.I. 2006/31 (W. 5), to which there are amendments not relevant to these Regulations.

41.  In Schedule 4 (temperature control requirements), in paragraph 8 (interpretation), for sub-paragraphs (a) and (b) in the definition of “ shelf life” (“oes silff”) substitute— U.K.

“(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”.

The Quick-frozen Foodstuffs (Wales) Regulations 2007 U.K.

42.  The Quick-frozen Foodstuffs (Wales) Regulations 2007 M14 are amended as follows.

Marginal Citations

M14 S.I. 2007/389 (W. 40), to which there are amendments not relevant to these Regulations.

43.  In regulation 2(1) (interpretation)— U.K.

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

(b) in the definition of “local distribution” (“dosbarthiad lleol” and “dosbarthu'n lleol”), for “catering establishment” substitute “ mass caterer ”;

(c) after the definition of “local distribution” (“dosbarthiad lleol” and “dosbarthu'n lleol”), insert—

““mass caterer” (“arlwywr mawr”) 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” (“rhagbecyn”), for “the Food Labelling Regulations 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” (“defnyddiwr olaf”) substitute—

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

44.  In paragraphs (1) and (3) of regulation 5 (marketing or labelling of quick-frozen foodstuffs), for “catering establishment” substitute “ mass caterer ”. U.K.

The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007 U.K.

45.  The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007 M15 are amended as follows.

Marginal Citations

M15 S.I. 2007/1984 (W. 165) is amended on 19 September 2014 by paragraphs 6 and 7 of Schedule 7 to these Regulations; there are other amending instruments but none is relevant.

46.  In regulation 4(2) (offences and penalties), for sub-paragraph (e) substitute— U.K.

“(e) Article 7(1), (2) and (3) M16 (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added).”

Marginal Citations

M16 Article 7(3) of Regulation (EC) No 1925/2006 of the European Parliament and of the Council (OJ No L 404, 30.12.2006, p 26) was amended by Article 50 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council; by virtue of the second sub-paragraph of Article 55 of Regulation (EU) No 1169/2011 that amendment applies from 13 December 2014.

The Nutrition and Health Claims (Wales) Regulations 2007 U.K.

47.  The Nutrition and Health Claims (Wales) Regulations 2007 M17 are amended as follows.

Marginal Citations

M17 S.I. 2007/2611 (W. 222) is amended on 19 September 2014 by paragraphs 8 and 9 of Schedule 7 to these Regulations; there are other amending instruments but none is relevant.

48.  In regulation 5(2) (offences and penalties), for sub-paragraph (d) substitute— U.K.

“(d) Article 7 M18 (requirements for nutrition information);”.

Marginal Citations

M18 Article 7 of Regulation (EC) No 1924/2006 of the European Parliament and of the Council (OJ No L 404, 30.12.2006, p 9) was amended by Article 49 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council; by virtue of the second sub-paragraph of Article 55 of Regulation (EU) No 1169/2011 that amendment applies from 13 December 2014.

The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2007 U.K.

F2 49.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 7 para. 50 omitted (28.11.2015) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 (S.I. 2015/1867), reg. 1(2), Sch. 13 para. 6 (with reg. 3)

F2 50.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 Sch. 7 para. 50 omitted (28.11.2015) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 (S.I. 2015/1867), reg. 1(2), Sch. 13 para. 6 (with reg. 3)

The Eggs and Chicks (Wales) Regulations 2010 U.K.

51.  The Eggs and Chicks (Wales) Regulations 2010 M19 are amended as follows.

Marginal Citations

M19 S.I. 2010/1671 (W. 158), to which there are amendments not relevant to these Regulations.

52.  In regulation 3(1) (interpretation)— U.K.

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

(b) for the definition of “Regulation (EC) No 2160/2003” (“Rheoliad (EC) Rhif 2160/2003”), substitute—

““Regulation (EC) No 2160/2003” (“Rheoliad (EC) Rhif 2160/2003”) means Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents M20 ;

“Regulation (EU) No 1169/2011” (“Rheoliad (EU) Rhif 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;”.

Marginal Citations

M20 OJ No L 325, 12.12.2003, p 1, last amended by Council Regulation (EU) No 517/2013 (OJ No L 158, 10.06.2013, p 1).

53.  In Part 2 of Schedule 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 M21 contravention of which is an offence)— U.K.

(a) in the second column of the entry in the table relating to Article 4(2) of Commission Regulation (EC) No 589/2008, 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) of Commission Regulation (EC) No 589/2008, 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 of Commission Regulation (EC) No 589/2008, for “Article 3(1)(5) of Directive 2000/13/EC” substitute “ Article 9(1)(f) of Regulation (EU) No 1169/2011 ”.

Marginal Citations

M21 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).

The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013 U.K.

54.  The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013 M22 are amended as follows.

Marginal Citations

M22 S.I. 2013/1984 (W. 194), to which there are amendments not relevant to these Regulations.

55.  In regulation 2(1) (interpretation), for the definition of “ meat” (“cig”) substitute— U.K.

““meat” (“cig”) means the skeletal muscles of mammalian and bird species recognised as fit for human consumption with naturally included or adherent tissue but does not include mechanically separated meat (which has the meaning given in point 1.14 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin) M23 ;”.

Marginal Citations

M23 OJ No L 139, 30.4.2004, p 55, last amended by Commission Regulation (EU) No 633/2014 (OJ No L 175, 14.6.2014, p 6).