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Part IIFood to be delivered as such to the ultimate consumer or to caterers

Manner of marking or labelling

Food to which regulation 23 or 27 applies

36.—(1) When any food to which regulation 23 or 27 applies is sold to the ultimate consumer, the particulars with which it is required to be marked or labelled by these Regulations shall, except in a case to which paragraph (2) applies, appear—

(a)on a label attached to the food, or

(b)on a menu, notice, ticket or label that is readily discernible by an intending purchaser at the place where he chooses that food.

(2) In any case where food to which paragraph (1)(b) applies has been or contains an ingredient which has been irradiated and that food is sold and delivered to the ultimate consumer in a catering establishment, use of alternative labelling shall not alone be treated as a contravention of these Regulations and for this purpose alternative labelling is used where, instead of the particulars referred to in that paragraph appearing in the manner specified therein, alternative particulars are displayed in accordance with paragraph (3), with paragraph (4) or with paragraphs (3) and (4).

(3) Alternative particulars are displayed in accordance with this paragraph in relation to any ingredient which has been irradiated if there appears, in the manner specified in paragraph (1)(b), an indication that the food of which that irradiated ingredient forms part may contain that irradiated ingredient and if the reference within that indication to that ingredient includes or is accompanied by the word “irradiated” or the words “treated with ionising radiation”.

(4) Alternative particulars are displayed in accordance with this paragraph if the irradiated ingredients to which they relate are dried substances normally used for seasoning, if there appears, in the manner specified in paragraph (1)(b), an indication to the effect that food sold in the catering establishment contains (or may contain) those irradiated ingredients and if the reference within that indication to those ingredients includes or is accompanied by the word “irradiated” or the words “treated with ionising radiation”.

(5) When any food to which regulation 23 applies is sold otherwise than to the ultimate consumer, the particulars with which it is required to be marked or labelled by these Regulations shall appear—

(a)on a label attached to the food,

(b)on a ticket or notice that is readily discernible by the intending purchaser at the place where he chooses the food, or

(c)in commercial documents relating to the food where it can be guaranteed that such documents either accompany the food to which they relate or were sent before, or at the same time as, delivery of the food.