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The Food Information (Scotland) Regulations 2014
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Regulations F2... and (3),2(1) and 10
SCHEDULE 3S[F1Specified provisions of FIC, Regulation 828/2014 and Regulation 2018/775]
This schedule has no associated Policy Notes
Textual Amendments
F1Sch. 3 Title substituted (19.6.2020) by The Food Information and Addition of Vitamins, Minerals and Other Substances (Scotland) Amendment Regulations 2020 (S.S.I. 2020/156), regs. 1(2), 2(5)(a)
F2Word in sch. 3 omitted (19.1.2016) by virtue of The Food Information (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/410), regs. 1(2), 3(6)
PART 1SSpecified FIC provisions applying on and from 13th December 2014
| Relevant provision of FIC | Provisions to be read with the provisions of FIC |
|---|---|
| Article 6 (basic requirement for food information to accompany food) | Articles 1(3) and [F3the first sub-paragraph of Article 54(1)], and, as appropriate, the other Articles of FIC listed in column 1 and Articles 30(2) and (3) |
| Article 7(1) (prohibition on misleading information), except so far as it applies to misleading information relating to quantity | Articles 1(3), 6 and 7(4) and [F3the first sub-paragraph of Article 54(1)] |
| Article 7(2) (requirement for accurate, clear and easy to understand information) | Articles 1(3), 6 and 7(4) and [F3the first sub-paragraph of Article 54(1)] |
| Article 7(3) (prohibition on food information attributing health benefits to any food subject to certain derogations) | Articles 1(3), 6 and 7(4) and [F3the first sub-paragraph of Article 54(1)] |
| Article 8(2) (requirement for a food business operator to ensure the presence and accuracy of food information) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 8(3) (requirement for a food business operator not to supply non-compliant food) | Articles 1(3) and [F3the first sub-paragraph of Article 54(1)] |
| Article 8(4) (restrictions on the modification of information accompanying a food) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 8(5) (obligation to ensure and verify compliance with food information law etc.) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 8(6) (requirement to transmit information relating to non-prepacked foods) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 8(7) (requirement relating to the mandatory particulars required by Articles 9 and 10) | Articles 1(3), 6, 9, 10 and [F3the first sub-paragraph of Article 54(1)] |
| Article 8(8) (requirement for a food business operator to provide sufficient information to other food business operators) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 9(1)(a) (mandatory indication relating to the name of the food) | Articles 1(3), 6, 9(2), 16(1) and (2), 17, 22(1)(a) and 40 and [F3the first sub-paragraph of Article 54(1)], Annex VI and regulation 3 |
| Article 9(1)(b) (mandatory indication relating to the list of ingredients) | Articles 1(3), 6, 9(2), 11 and 16(1) and (2), the first paragraph of Article 16(4), Articles 18, 19(1), 20 and 40, and [F3the first sub-paragraph of Article 54(1)], Annexes VI and VII and regulation 3 |
| Article 9(1)(c) (mandatory indication relating to ingredients and processing aids causing allergies or intolerances) | Articles 1(3), 6, 9(2), 11, 16(1) and (2), 18(1), 21(1) and 40 and [F3the first sub-paragraph of Article 54(1)], Annex II and regulation 3 |
| Article 9(1)(d) (mandatory indication relating to the quantity of certain ingredients or categories of ingredients) | Articles 1(3), 6, 9(2), 11, 16(1) and (2), 22 and 40, and [F3the first sub-paragraph of Article 54(1)], Annex VIII and regulation 3 |
| Article 9(1)(f) (mandatory indication relating to date of minimum durability or the “use by” date) | Articles 1(3), 6, 9(2), 16(1) and (2), 24 and 40 and [F3the first sub-paragraph of Article 54(1)], points 1 and 2 of Annex X and regulation 3 |
| Article 9(1)(g) (mandatory indication relating to any special storage conditions, the conditions of use, or both) | Articles 1(3), 6, 9(2), 16(1) and (2), 25 and 40 and [F3the first sub-paragraph of Article 54(1)] and regulation 3 |
| Article 9(1)(h) (mandatory indication relating to the name or business name and address of the food business operator) | Articles 1(3), 6, 8(1), 9(2), 16(1) and (2) and 40 and [F3the first sub-paragraph of Article 54(1)] and regulation 3 |
| Article 9(1)(i) (mandatory indication relating to country of origin or place of provenance) | Articles 1(3), 6, 9(2), 16(1) and (2), 26(1) and (2), and 40, and [F3the first sub-paragraph of Article 54(1)] and regulation 3 |
| Article 9(1)(j) (mandatory indication relating to instructions for use) | Articles 1(3), 6, 9(2), 16(1) and (2), 27 and 40 and [F3the first sub-paragraph of Article 54(1)] and regulation 3 |
| Article 9(1)(k) (mandatory indication relating to the actual alcoholic strength of beverages containing more than 1.2% by volume of alcohol) | Articles 1(3), 6, 9(2), 11, 16(1) and (2) and 28, and [F3the first sub-paragraph of Article 54(1)] and Annex XII |
| Article 10(1) (additional mandatory particulars for specific types of food) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] and Annex III |
| Article 12(1) (availability and placement of mandatory food information) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)], and Article 12(2) for pre-packed foods, Articles 12(5) and 44 for non-prepacked foods and Articles 14 and 44 for foods offered for sale by means of distance communication |
| Article 13(1) (general requirement for the presentation of mandatory particulars) | Articles 1(3) and 6, [F3the first sub-paragraph of Article 54(1)] and, in the case of foods that are not prepacked etc. containing an allergenic substance or product etc., regulation 5 |
| Article 13(2) (requirement relating to the presentation of mandatory particulars referred to in Article 9(1)(a) to (l)) | Articles 1(3) and 6, [F3the first sub-paragraph of Article 54(1)] and Annex IV, and, in relation to Article 13(2) as it applies to the presentation of a mandatory nutrition declaration, the second paragraph of Article 55 |
| Article 13(3) (font size of mandatory particulars on smaller packages) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 13(5) (field of vision requirements) | Articles 1(3), 6, 13(6) and 16(1) and (2) and [F3the first sub-paragraph of Article 54(1)] |
| Article 14(1) (distance selling of prepacked foods relating to mandatory food information available before conclusion of a purchase and mandatory particulars available at the moment of delivery) | Articles 1(3), 6, 9 and 14(3) and [F3the first sub-paragraph of Article 54(1)] |
| Article 14(2) (distance selling of non-prepacked foods) | Articles 1(3), 6, 14(1) and 44 and [F3the first sub-paragraph of Article 54(1)] |
| Article 15(1) (language requirements) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 17(1) (name of food) | Articles 1(3), 6 and 9(1) and [F3the first sub-paragraph of Article 54(1)] and regulation 4 and Schedule 1 |
| F4. . . | F4. . . |
| F5. . . | F5. . . |
| Article 17(4) (prohibition against replacing the name of a food with another name) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 17(5), except so far as it applies to the specific requirements in Part B of Annex VI concerning the designation “minced meat” (requirements on the name of a food and particulars that must accompany it) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] and Annex VI |
| Article 18(1) (list of ingredient requirements) | Articles 1(3), 6, 18(4), 19(1) and 20, [F3the first sub-paragraph of Article 54(1)], Annex VII, regulation [F68] and the first [F7sub-] paragraph of paragraph 5 of Article 3 of Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption M1 |
| Article 18(2) (requirement to designate ingredients by their specific name) | Articles 1(3), 6, 17, 18(4) and 19(1), [F3the first sub-paragraph of Article 54(1)] and Annexes VI and VII |
| Article 18(3) (requirement relating to nanomaterial ingredients) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 21(1) (requirements relating to certain substances or products that cause an allergy or intolerance) | Articles 1(3), 6, 9(1)(c) and 18(1), [F3the first sub-paragraph of Article 54(1)], Annex II and, in the case of foods that are not prepacked etc. containing an allergenic substance or product etc., regulation 5 |
| Article 22(1) (requirement relating to the need to provide a quantitative indication of an ingredient) | Articles 1(3), 6 and 22(2), [F3the first sub-paragraph of Article 54(1)] and Annex VIII |
| Article 22(2) (technical rules for quantitative indication of ingredients[F8)] | Articles 1(3), 6 and 22(1), [F3the first sub-paragraph of Article 54(1)] and Annex VIII |
| Article 24(1), first sentence (requirement relating to “use by” dates) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 24(2) (requirement to express minimum durability date, “use by date” and date of freezing in a particular way) | Articles 1(3) and 6, [F3the first sub-paragraph of Article 54(1)] and Annex X |
| Article 25(1) (requirement for special storage conditions or conditions for use, or both, to be indicated on food) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 25(2) (requirement to indicate appropriate storage conditions or time within which food should be consumed after the packaging containing the food is opened or both) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 26(2)(a) (requirement for a mandatory indication relating to country of origin or place of provenance in certain cases, where failure to might mislead consumer) | Articles 1(3) and 6, [F3the first sub-paragraph of Article 54(1)] and Annex XI |
| Article 27(1) (instructions for food use indication) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 28(2) (alcoholic strength by volume indication for beverages containing more than 1.2% volume of alcohol) | Articles 1(3) and 6, [F3the first sub-paragraph of Article 54(1)] and Annex XII |
| Article 30(1) (content of mandatory nutrition declaration) | Articles 1(3), 6, 29, 31(1) (as read with Annex XIV) and 31(3), the first paragraph of Article 31(4), Articles 32(1) (as read with Annex XV), 32(2), 33(1) and 35(1) and [F3the first sub-paragraph of Article 54(1)] |
| Article 31(1) (conversion factors to be used for calculation of energy value) | Articles 1(3) and 6, [F3the first sub-paragraph of Article 54(1)] and Annex XIV |
| Article 31(3), first subparagraph (requirement for energy value and amounts of nutrients to be those of the foods as sold except as provided for in the second subparagraph of Article 31(3)) | Articles 1(3), 6 and 30(1) to (5) and [F3the first sub-paragraph of Article 54(1)] |
| Article 31(4), first subparagraph (requirement for declared values to be average values based on a methodology set out in the first subparagraph of Article 31(4)) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 32(1) (requirement to use the measurement units listed in Annex XV for energy value and amount of nutrients) | Articles 1(3) and 6, [F3the first sub-paragraph of Article 54(1)] and Annex XV |
| Article 32(2) (energy value and amount of nutrients to be expressed per 100 grams or per 100 millilitres) | Articles 1(3), 6, 33(1), (2) and (3), [F3the first sub-paragraph of Article 54(1)] and Part B of Annex XIII |
| Article 32(3) (declaration relating to vitamins and minerals also to be expressed as a percentage of reference intakes per 100 grams or per 100 millilitres) | Articles 1(3), 6 and 30(2)(f), [F3the first sub-paragraph of Article 54(1)] and Part A of Annex XIII |
| Article 32(5) (requirement for additional statement relating to the reference intake of an average adult) | Articles 1(3), 6 and 32(4) (as read with Part B of Annex XIII) and [F3the first sub-paragraph of Article 54(1)] |
| Article 33(1) (requirements in cases where energy value and amount of nutrients may be expressed per portion, per consumption unit, or both per portion and per consumption unit, in addition to, or instead of, per 100 grams or per 100 millilitres) | Articles 1(3), 6 and 32(2), (3) and (4) and [F3the first sub-paragraph of Article 54(1)] |
| Article 33(2), second subparagraph (requirement for energy value to be expressed both per 100 grams or per 100 millilitres and per portion or consumption unit where information on energy, fat, saturates, sugars and salt is repeated voluntarily in the principal field of vision, and the amounts of the nutrients are expressed on a per portion or per consumption unit basis only) | Articles 1(3), 6, 30(3)(b), 32(2), the first paragraph of Article 33(2) and the first subparagraph of Article 54(1) |
| Article 33(4) (requirement for the portion or unit used to be in close proximity to the nutrition declaration) | Articles 1(3), 6 and 33(1) and [F3the first sub-paragraph of Article 54(1)] |
| Article 34(1) (presentation of mandatory nutrition declaration and any supplementary information provided in accordance with Article 30(1) and (2) – field of vision, format and order of presentation) | Articles 1(3), 6 and 30(1) and (2), [F3the first sub-paragraph of Article 54(1)] and Annex XV |
| Article 34(2) (presentation of mandatory nutrition declaration and any supplementary information provided in accordance with Article 30(1) and (2) – format and alignment of numbers) | Articles 1(3), 6, and 30(1) and (2), the second paragraph of Article 34(3), Article 34(4) and [F3the first sub-paragraph of Article 54(1)] |
| Article 34(3), first subparagraph (presentation of nutrition information in a case where certain mandatory nutrition information is repeated in accordance with Article 30(3)) | Articles 1(3), 6 and 30(3), the second paragraph of Article 34(3) and [F3the first sub-paragraph of Article 54(1)] |
| Article 34(5), first subparagraph (requirement for indication of negligible energy value or amount of nutrients, where used, to be in close proximity to the nutrition declaration, when present) | Articles 1(3), 6 and 30(1) to (5), 48(2) and [F3the first sub-paragraph of Article 54(1)] |
| Article 35(1) (requirements relating to energy value and the amount of nutrients used where additional forms of expression and presentation are used) | Articles 1(3), 6, 7, 30(1) to (5), 32(2) and (4), 33 and 34(2), [F3the first sub-paragraph of Article 54(1)] and Annex VIII and XIII |
| Article 36(1) (requirements that voluntary information must comply with) | Articles 1(3), 6, 9, 10 and [F3the first sub-paragraph of Article 54(1)] and sections 2 and 3 of Chapter IV |
| Article 36(2) (additional requirements that voluntary information must comply with) | Articles 1(3), 6 and 7 and [F3the first sub-paragraph of Article 54(1)] |
| Article 37 (presentation of voluntary food information – no detriment to space availability) | Articles 1(3) and 6 and [F3the first sub-paragraph of Article 54(1)] |
| Article 44(1)(a) (provision of allergen information for non-packaged food) | Articles 1(3), 6 and 9(1)(c), 10 and [F3the first sub-paragraph of Article 54(1)] and regulation 5 |
| Article 54(2) (requirement to comply with provisions relating to content, calculation, expression and presentation when nutrition information is provided on a voluntary basis during the period on and from 13th December 2014 to and including 12th December 2016) | Articles 1(3), 6 and 30 to 35 |
Textual Amendments
F3Words in sch. 3 Pt. 1 substituted (19.1.2016) by The Food Information (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/410), regs. 1(2), 3(7)(a)
F4Words in sch. 3 Pt. 1 omitted (9.2.2023) by virtue of The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 9(2)(a)
F5Words in sch. 3 Pt. 1 omitted (9.2.2023) by virtue of The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 9(2)(b)
F6Word in sch. 3 Pt. 1 substituted (19.1.2016) by The Food Information (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/410), regs. 1(2), 3(7)(b)
F7Word in sch. 3 Pt. 1 inserted (19.1.2016) by The Food Information (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/410), regs. 1(2), 3(7)(b)
F8Word in sch. 3 Pt. 1 substituted (19.1.2016) by The Food Information (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/410), regs. 1(2), 3(8)
Marginal Citations
M1OJ No L 10, 12.1.2002, p.58, last amended by Directive 2012/12/EU of the European Parliament and of the Council (OJ No L 115, 27.4.2012, p.1).
[F9PART 1ASSpecified provisions of Regulation 828/2014 applying on and from 20th July 2016
Textual Amendments
F9Pt. 1A inserted (20.7.2016) by The Food Information (Scotland) Amendment Regulations 2016 (S.S.I. 2016/191), regs. 1(2), 2(5)(b)
| Specified provision of Regulation 828/2014 | Provisions to be read with the specified provision of Regulation 828/2014 |
|---|---|
| Article 3(1) | Articles 1(3), 6, 7 and 36(1) and (2) of FIC and Articles 2, 3(2) and (3) and the Annex to Regulation 828/2014. |
| Article 4 | Article 2 of Regulation 828/2014] |
PART 2SSpecified FIC provision applying on and from 13th December 2016
| Relevant provision of FIC | Provisions to be read with the provision of FIC |
|---|---|
| Article 9(1)(l) (mandatory nutrition declaration) | Articles 1(3), 6, 9(2), 11 and 16, section 3 of Chapter IV, Article 40 and the second subparagraph of Article 54(1), the second sub-paragraph of Article 55, Annex V and regulation 3 |
[F10PART 3SSpecified Regulation 2018/775 provisions enforceable on and from 19 June 2020
Textual Amendments
| Specified Regulation 2018/775 provision | Provisions of Regulation 2018/775 to be read with the specified Regulation 2018/775 provision |
|---|---|
| Article 2 (indication of the country of origin or place of provenance of the primary ingredient) | Articles 1, 3 and 4 |
| Article 3 (presentation of the information) | Articles 1 and 4] |
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