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The Food Information (Scotland) Regulations 2014
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- Scottish Statutory Instruments
- 2014 No. 312
- Regulation 5
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Foods [F1other than prepacked or prepacked for direct sale] containing an allergenic substance or product etc.S
This section has no associated Policy Notes
5.—(1) A food business operator who offers for sale a relevant food to which this regulation applies may provide the particulars specified in Article 9(1)(c) in relation to that food in any manner that they choose, including, subject to paragraph (3), orally.
(2) This regulation applies to a relevant food that is offered for sale to the final consumer or to a mass caterer otherwise than by means of distance communication [F2and that]—
(a)[F3is] not prepacked; [F4or]
(b)[F5is] packed on the operator's premises at the consumer's request[F6.]
F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where a food business operator intends to provide the particulars specified in Article 9(1)(c) relating to a relevant food orally, they must indicate that details of the Annex II substance or product used as an ingredient or processing aid in the manufacture or preparation of the food, or derived from such a substance or product, can be obtained by asking a member of staff.
(4) The indication mentioned in paragraph (3) must be given—
(a)on a label attached to the food; or
(b)on a notice, menu, ticket or label that is readily discernible by an intending purchaser at the place where they choose that food.
(5) In relation to a relevant food to which this regulation applies, the Article 9(1)(c) particulars provided by a food business operator must be provided with a clear reference to the name of the substance or product listed in Annex II where—
(a)the relevant ingredient or processing aid is [F8listed in or] derived from a substance or product listed in Annex II; and
(b)the particulars are made available otherwise than by means provided in FIC.
F9(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 5 heading substituted (1.10.2021) by The Food Information (Scotland) Amendment Regulations 2021 (S.S.I. 2021/70), regs. 1(2), 2(3)(a)
F2Words in reg. 5(2) substituted (1.10.2021) by The Food Information (Scotland) Amendment Regulations 2021 (S.S.I. 2021/70), regs. 1(2), 2(3)(b)(i)
F3Word in reg. 5(2)(a) inserted (1.10.2021) by The Food Information (Scotland) Amendment Regulations 2021 (S.S.I. 2021/70), regs. 1(2), 2(3)(b)(ii)(aa)
F4Word in reg. 5(2)(a) inserted (1.10.2021) by The Food Information (Scotland) Amendment Regulations 2021 (S.S.I. 2021/70), regs. 1(2), 2(3)(b)(ii)(bb)
F5Word in reg. 5(2)(b) inserted (1.10.2021) by The Food Information (Scotland) Amendment Regulations 2021 (S.S.I. 2021/70), regs. 1(2), 2(3)(b)(iii)(aa)
F6Reg. 5(2)(b): full stop substituted for word (1.10.2021) by The Food Information (Scotland) Amendment Regulations 2021 (S.S.I. 2021/70), regs. 1(2), 2(3)(b)(iii)(bb)
F7Reg. 5(2)(c) omitted (1.10.2021) by virtue of The Food Information (Scotland) Amendment Regulations 2021 (S.S.I. 2021/70), regs. 1(2), 2(3)(b)(iv)
F8Words in reg. 5(5)(a) inserted (19.1.2016) by The Food Information (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/410), regs. 1(2), 3(3)
F9Reg. 5(6) omitted (1.10.2021) by virtue of The Food Information (Scotland) Amendment Regulations 2021 (S.S.I. 2021/70), regs. 1(2), 2(3)(c)
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