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Food Labelling Regulations (Northern Ireland) 1996

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Regulation 6(2)

SCHEDULE 1Names Prescribed by Law

Fish

1.—(1) Subject to sub-paragraphs (2) and (3), the name used for any species of fish specified in column 2 of the following Table shall be a name specified for that species in the corresponding entry in column 1 of the said Table.

(2) A customary name may be used for any species of fish which has been subjected to smoking or any similar process, unless the name of the species in column 2 of the following Table is followed by an asterisk. In such cases the name used for the food when the fish is smoked shall be either—

(a)a name specified for that species in column 1 of the said Table preceded by the word “smoked”, or

(b)except in the case of Salmo salar (L.), “smoked Pacific salmon”.

(3) Sub-paragraph (1), as read with the following Table, shall not apply to fish regulated by Council Regulation (EEC) No. 2136/89(1) laying down common marketing standards for preserved sardines, or Council Regulation (EEC) No. 1536/92(2) laying down common marketing standards for preserved tuna and bonito.

Column 1Column 2
NameSpecies of Fish
SEA FISH
AnchovyAll species of Engraulis
BassDicentrarchus labrax (L.)
BrillScophthalmus rhombus (L.)
BrislingSprattus sprattus (L.) when canned
Catfish or RockfishAll species of Anarhichas
Cod or CodlingGadus morhua (L.) (including Gadus morhua callarias and Gadus morhua morhua)
Pacific cod or codGadus macrocephalus
Greenland cod or codGadus ogac
Coley or Saithe or CoalfishPollachius virens (L.)
CongerAll species of Conger
Croaker or DrumAll species of the family Scianidae
DabLimanda limanda (L.)
Dogfish or Flake or Huss or RiggAll species of Galeorhinus
All species of Mustelus
All species of Scyliorhinus
Galeus melastomus Rafin.
Squalus acanthias (L.)
Dory or John Dory or St Peter’s fishZeus faber (L.)
EelAll species of Anguilla
EmperorAll species of Lethrinus
FlounderPlatichthys flesus (L.)
Grey mulletAll species of Mugil
All species of Liza
All species of Chelon
GrouperAll species of Mycteroperca
All species of Epinephelus
GurnardAll species of the family Triglidae
Peristedion cataphractum (L.)
HaddockMelanogrammus aeglefinus (L.)
HakeAll species of Merluccius
HalibutHippoglossus hippoglossus (L.)
Hippoglossus stenolepis
Black halibutReinhardtius hippoglossoides (Walbaum)
HerringClupea harengus (L.)
HilsaHilsa elisha
HokiMacruronus novaezelandiae
JackAll species of Caranx
All species of Hemmicaranx
All species of Seriola
All species of Trachurus
All species of Decapterus
LingAll species of Molva
Lumpfish or LumpsuckerCyclopterus lumpus
MackerelAll species of Scomber
MegrimAll species of Lepidorhombus
Monkfish or AnglerLophius piscatorius (L.)
Orange roughyHoplosteppus atlanticus
Parrot-fishAll species of the family Scaridae
PilchardSardina pilchardus (Walbaum)
Pacific pilchardSardinops sagax caerulea (Girard)
Sardinops sagax sagax (Jenyns)
Sardinops sagax melanosticta (Schlegel)
South Atlantic pilchardSardinops sagax ocellata (Pappe)
PlaicePleuronectes platessa (L.)
American plaiceHippoglossoides platessoides (Fabr.)
Pollack or Pollock or LythePollachius pollachius (L.)
Pacific pollack or Pacific pollock or Alaska pollack or Alaska pollockTheragra chalcogramma (Pallas)
PomfretAll species of Brama
All species of Stromateus
All species of Pampus
Redfish or Ocean perch or Rose fishAll species of Sebastes
Helicolenus maculatus
Helicolenus dactylopterus (De la Roche)
Red MulletAll species of Mullus
SardineSmall Sardina pilchardus (Walbaum)
SardinellaAll species of Sardinella
Sea bream or PorgyAll species of the family Sparidae
SildSmall Clupea harengus (L.), when canned
Small Sprattus sprattus (L.), when canned
Skate or Ray or RokerAll species of Raja
Smelt or SparlingAll species of Osmerus
Sole or Dover soleSolea solea (L.)
Lemon soleMicrostomus kitt (Walbaum)
SnapperAll species of the family Lutjanidae
SpratSprattus sprattus (L.), except when canned
SwordfishXiphias gladius
Tuna or TunnyAll species of Thunnus
Skipjack tuna (or tuna)Euthynnus (Katsuwonus) pelamis
Albacore tuna (or tuna)Thunnus alalunga
Yellowfin tuna (or tuna)Thunnus (neothunnus) albacores
Bluefin tuna (or tuna)Thunnus thynnus
Bigeye tuna (or tuna)Thunnus (parathunnus) obesus
BonitoAll species of Sarda
All species of Euthynnus, with the exception of the species Euthynnus (Katsuwonus) pelamis
All species of Auxis
TurbotScophthalmus maximus (L.)
WhitebaitSmall Clupea harengus (L.)
Small Sprattus sprattus (L.){except when canned}
WhitingMerlangius merlangus (L.)
Blue whitingMicromesistius poutassou (Risso)
Southern Blue whitingMicromesistius australis
Winter flounderPseudopleuronectes americanus (Walbaum)
WitchGlyptocephalus cynoglossus (L.)
SALMON AND FRESHWATER FISH
CatfishAll species of the family Ictaluridae
CarpAll species of the family Cyprinidae
CharAll species of Salvelinus
Salmon or Atlantic salmonSalmo salor (L.)*
Cherry salmon or Pacific salmonOncorhynchus masou (Walbaum)*
Chum salmon or Keta salmonOncorhynchus keta (Walbaum)*
Medium red salmon or Coho salmon or Silver salmonOncorhynchus kisutch (Walbaum)*
Pink salmonOncorhynchus gorbuscha (Walbaum)*
Red salmon or Sockeye salmonOncorhynchus nerka (Walbaum)*
Spring salmon or King salmon or Chinook salmon or Pacific salmonOncorhynchus tschwytscha (Walbaum)*
Brown trout or troutSalmo trutti (L.) which has spent all of its life in fresh water
Sea trout or Salmon troutSalmo trutta (L.) which has spent part of its life in sea water
Cut-throat trout or troutOncorhynchus clarkii
Rainbow trout or Steelhead trout or troutOncorhynchus mykiss
TilapiaAll species of Tilapia
SHELLFISH
Abalone or OrmerAll species of Haliotis
Clam or Hard shell clamMercenaria mercenaria (L.)
Venus verrucosa (L.)
Clam or Razor clamAll species of Ensis and Solen
CockleAll species of Cerastoderma
CrabAll species of the section Brachyura
All species of the family Lithodidae
Crawfish or Spiny Lobster or Rock lobsterAll species of the family Palinuridae Jasus spp.
CrayfishAll species of the family Astacidae
All species of the family Parastacidae
All species of the family Austroastacidae
LobsterAll species of Homarus
Slipper lobsterAll species of Scyllaridae
Squat lobsterAll species of the family Galatheidae
MusselAll species of the family Mytilus
OysterAll species of Crassostrea
All species of Ostrea
Oyster or Portuguese oysterCrassostrea angulata (Lmk.)
Oyster or Pacific oysterCrassostrea gigas (Thunberg)
Oyster or Native oysterOstrea edulis (L.)
King prawnAll species of Penaeus where the count is less than 123 per kg (head on/shell on) or less than 198 per kg (head off/shell on) or less than 242 per kg (head off/shell off)
Prawn or Shrimp

Whole fish (of a size which, when cooked, have a count of less than 397 per kg) or tails (of a size which, when peeled and cooked, have a count of less than 1,323 per kg) of—

  • all species of Palaemonidae,

  • all species of Penaeidae, and

  • all species of Pandalidae

Shrimp

Whole fish (of a size which, when cooked, have a count of 397 per kg or more) or tails (of a size which, when peeled and cooked, have a count of 1,323 per kg or more) of—

  • all species of Palaemonidae,

  • all species of Penaeidae, and

  • all species of Pandalidae

Shrimp or Pink shrimpPandalus montagui Leach
Shrimp or Brown shrimpAll species of Crangon
ScallopAll species of Pectinidae
Scallop or Queen scallop or QueenChlamys (Acquipecton) opercularis (L.)
Scampi or Norway lobster or Dublin Bay prawn or LangoustineNephrops norvegicus (L.)
Pacific scampiMetanephrops adamanicus
Metanephrops challengeri
Tiger prawnPenaeus monodon
Penaeus semisuloalus
Penaeus esculentus
WhelkAll species of Buccinum
WinkleAll species of Littorina

Melons

2.  The name used for melons sold as such shall include or be accompanied by an indication of their variety.

Potatoes

3.  The name used for potatoes sold as such shall include or be accompanied by an indication of their variety.

Vitamins

4.—(1) The name used for a vitamin specified in Table A in Schedule 6 shall be the name specified for that vitamin in column 1 of that Table, except that in respect of folacin the name “folic acid” may also be used.

(2) The name for vitamin K shall be “vitamin K”.

Regulation 11(2)

SCHEDULE 2Indications of Treatment

Tenderised meat

1.  The name used for any meat which has been treated with proteolytic enzymes shall include or be accompanied by the word “tenderised”.

Irradiated food

2.  The name used for a food which has been irradiated shall include or be accompanied by the word “irradiated” or the words “treated with ionising radiation”.

Regulation 14(4)

SCHEDULE 3GENERIC NAMES IN LIST OF INGREDIENTS

Column 1Column 2Column 3
Generic nameIngredientsConditions of use of generic name
CheeseAny type of cheese or mixture of cheeseThe labelling of the food of which the cheese is an ingredient must not refer to a specific type of cheese
Cocoa butterPress, expeller or refined cocoa butter
Crumbs or rusks, as is appropriateAny type of crumbed, baked cereal product
Crystallised fruitAny crystallised fruitThe proportion of crystallised fruit in the food of which it is an ingredient must not exceed 10 per cent
DextroseAnhydrous dextrose or dextrose monohydrate
FatAny refined fatThe generic name must be accompanied by either—

(a)the description “animal” or “vegetable”, as is appropriate, or

(b)an indication of the specific animal origin or the specific vegetable origin of the fat, as is appropriate.

In the case of an hydrogenated fat, the generic name must also be accompanied by the description “hydrogenated”.
FishAny species of fishThe labelling of the food of which the fish is an ingredient must not refer to a specific species of fish
FlourAny mixture of flour derived from two or more cereal speciesThe generic name shall be followed by a list of the cereals from which the flour is derived in descending order of weight
Glucose syrupGlucose syrup or anhydrous glucose syrup
Gum baseAny type of gum preparation used in the preparation of chewing gum
Herb, herbs or mixed herbsAny herb or parts of a herb or combination of two or more herbs or parts of herbsThe proportion of herb or herbs in the food of which it or they are an ingredient must not exceed 2 per cent by weight of the food
Milk proteinsAny caseins, caseinates or whey proteins, or any mixture of these
OilAny refined oil, other than olive oilThe generic name must be accompanied by either—

(a)the description “animal” or “vegetable”, as is appropriate, or

(b)an indication of the specific animal origin or the specific vegetable origin of the oil, as is appropriate.

In the case of an hydrogenated oil, the generic name must also be accompanied by the description “hydrogenated”
Spice, spices or mixed spicesAny spice or any combination of two or more spicesThe proportion of spice or spices in the food of which it or they are an ingredient must not exceed 2 per cent by weight of the food
StarchAny unmodified starch or any starch which has been modified either by physical means or by enzymes
SugarAny type of sucrose
VegetablesAny mixture of vegetablesThe proportion of vegetables in the food of which they are an ingredient must not exceed 10% by weight of the food
WineAny type of wine defined in Council Regulation (EEC) No. 822/87

Regulation 14(9)

SCHEDULE 4Categories of Additives which must be Identified in a List of Ingredients by their Category Name

Notes

1.

In the case of an additive which is added to or used in food to serve the function of an acid and whose specific name includes the word “acid”, it shall not be necessary to use the category name.

2.

Neither the specific name nor the serial number need be indicated.

Acid1Flour treatment agent
Acidity regulatorGelling agent
Anti-caking agentGlazing agent
Anti-foaming agentHumectant
AntioxidantModified starch2
Bulking agentPreservative
ColourPropellant gas
EmulsifierRaising agent
Emulsifying SaltsStabiliser
Firming agentSweetener
Flavour enhancerThickener

Regulation 30

SCHEDULE 5Positive and Negative Tolerances Permitted in the Indication of the Alcoholic Strength by Volume of Alcoholic Drinks other than Community Controlled Wine

Description of alcoholic drinkPositive or negative tolerance

Note

The above tolerances shall apply without prejudice to the tolerances deriving from the method of analysis used for determining the alcoholic strength.

1.—(a) Beers having an alcoholic strength not exceeding 5.5% volume;

(b)alcoholic drinks made from grapes and falling within sub-heading No. 2206-0093 and No. 2206- 0099 of the combined nomenclature (1988).

} 0.5% vol.

2.—(a) Beers having an alcoholic strength exceeding 5.5% volume;

(b)alcoholic drinks made from grapes and falling within subheading No. 2206-0091 of the combined nomenclature (1988);

(c)ciders, perries, fruit wines and other wines obtained from fruits other than grapes whether or not semi-sparkling or sparkling;

(d)alcoholic drinks based on fermented honey.

} 1% vol.

3.  Alcoholic drinks containing macerated fruit or parts of plants.

} 1.5% vol.

4.  Any other alcoholic drink.

0.3% vol.

Regulations 40 and 41

SCHEDULE 6Claims

Part IProhibited Claim

1.  A claim that a food has tonic properties.

Note

The use of the word “tonic” in the description “Indian tonic water” or “quinine tonic water” shall not of itself constitute a claim of a type described in this item.

2.  A claim that a food has the property of preventing, treating or curing a human disease or any reference to such a property.

Note

A claim of a type described in item 1 of Part II shall not of itself be regarded as a claim of a type described in this item.

Part IIRestricted Claims

Column 1Column 2
Types of ClaimConditions
Claims relating to foods for particular uses

1.  A claim that a food is suitable, or has been specially made, for a particular nutritional purpose.

1.  The food must be capable of fulfilling the claim.

2.  The food must be marked or labelled with an indication of the particular aspects of its composition or manufacturing process that give the food its particular nutritional characteristics.

3.  The food—

(a)must be marked or labelled with the prescribed nutrition labelling and may be marked or labelled with further information in respect of either or both of—

(i)any nutrient or component of a nutrient (whether or not a claim is made in respect of such nutrient or component), or

(ii)any other component or characteristic which is essential to the food’s suitability for its particular nutritional use, and

(b)when sold to the ultimate consumer, must be prepacked and completely enclosed by its packaging.

Reduced or low energy value claims

2.  A claim that a food has a reduced or low energy value.

Notes
(a)

The appearance, on the container of a soft drink, of the words “low calorie” given in accordance with the conditions specified in Schedule 8 in relation to that description for such drinks shall not of itself constitute constitute a claim of a type described in this item.

(b)

Where a food is in concentrated or dehydrated form and is intended to be reconstituted by the addition of water or other substances, condition 2 shall apply to the food when reconstituted as directed.

1.  If the claim is that the food has a reduced energy value, the energy value of a given weight of the food, or of a given volume in the case of a liquid food, must not be more than three quarters of that of the equivalent weight, or volume, of a similar food in relation to which no such claim is made, unless the food is—

(a)an intense sweetener, or

(b)a product which consists of a mixture of an intense sweetener with other substances and which, when compared on a weight for weight basis, is significantly sweeter than sucrose.

2.  If the claim is that the food has a low energy value—

(a)the energy value of the food must not be more than 167 kJ (40 kcal) per hundred grams or hundred millilitres, as is appropriate, unless the food is—

(i)an intense sweetener, or

(ii)a product which consists of a mixture of an intense sweetener with other substances and which, when compared on a weight for weight basis, is significantly sweeter than sucrose,

(b)the energy value of a normal serving of the food must not be more than 167 kJ (40 kcal), and

(c)in the case of an uncooked food which naturally has a low energy value, the claim must be in the form “a low energy food” or “a low calorie food” or “a low joule food”.

Protein claims

3.  A claim that a food, other than a food intended for babies or young children which satisfies the conditions of item 1, is a source of protein.

1.  The quantity of the food that can reasonably be expected to be consumed in one day must contribute at least 12 g of protein.

2.  —

(1) If the claim is that the food is a rich or excellent source of protein, at least 20 per cent of the energy value of the food must be provided by protein.

(2) In any other case, at least 12 per cent of the energy value of the food must be provided by protein.

3.  The food must be marked or labelled with the prescribed nutrition labelling.

Vitamin claims

4.  A claim that a food, other than a food intended for babies or young children which satisfies the conditions of item 1, is a source of vitamins.

Note A reference to a vitamin in the name of a food shall not of itself constitute a claim of a type to which this item applies if the food consists solely of—
(i)

vitamins, or

(ii)

a mixture of vitamins and minerals, or

(iii)

a mixture of vitamins, or of vitamins and minerals, and a carrying agent, or

(iv)

a mixture of vitamins, or of vitamins and minerals, and other substances sold in tablet, capsule or elixir form.

1.  —

(1) If the claim is not confined to named vitamins, every vitamin named in the claim must be a vitamin specified in column 1 of Table A, and—

(a)where the claim is that the food is a rich or excellent source of vitamins, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one half of the recommended daily allowance of two or more of the vitamins specified in column 1 of Table A, and

(b)in any other case, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one sixth of the recommended daily allowance of two or more of the vitamins specified in column 1 of Table A.

(2.) If the claim is confined to named vitamins, every vitamin named in the claim must be a vitamin specified in column 1 of Table A, and—

(a)Where the claim is that the food is a rich or excellent source of vitamins, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one half of the recommended daily allowance of every vitamin named in the claim, and

(b)in any other case, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one sixth of the recommended daily allowance of every vitamin named in the claim.

2.  The food must be marked or labelled—

(a)in the case of a food to which nutrition labelling relates—

(i)where the claim is in respect of unnamed vitamins (whether alone or together with named vitamins), then in respect of any of those unnamed vitamins which are listed in Table A, with the prescribed nutrition labelling and, in addition, with a statement of the percentages of the recommended daily allowance for such vitamins as are contained in either a quantified serving of the food or, provided that the total number of portions contained in the sales unit of the food is stated, in one such portion of the food, and

(ii)where the claim is in respect of a named vitamin or of named vitamins (whether alone or together with unnamed vitamins), then in respect of that named vitamin or those named vitamins, with the prescribed nutrition labelling and, in addition, with a statement of the percentages of the recommended daily allowance for such vitamins as are contained in either a quantified serving of the food or, provided that the total number of portions contained in the sales unit of the food is stated, in one such portion of the food; and

(b)in the case of food supplements or waters other than natural mineral waters, in respect of any vitamins, whether unnamed, named or both—

(i)with a statement of the percentage of the recommended daily allowance of those vitamins contained in either a quantified serving or (provided that the food is prepacked) a portion of the food, and

(ii)where the food is prepacked, of the number of portions contained in the package,

and the name used in such marking or labelling for any such vitamin shall be the name specified for that vitamin in column 1 of Table A.

Mineral claims

5.  A claim that a food, other than a food intended for babies or young children which satisfies the conditions of item 1, is a source of minerals.

Notes
(a)

A claim that a food has low or reduced levels of minerals shall not be regarded as a claim of a type described in in this item.

(b)

the note that applies to item 4 applies equally to this item with the substitution of—

(i)

the word “mineral” for “vitamin”,

(ii)

the word “minerals” for “vitamins” wherever it occurs, and

(iii)

the word “vitamins” for “minerals” wherever it occurs

The conditions are the same as those set out in item 4 with the substitution of—

(a)

the word “mineral” for “vitamin” wherever it occurs,

(b)

the word “minerals” for “vitamins” whenever it occurs, and

(c)

the expression “Table B” for “Table A” wherever it occurs.

Cholesterol claims

6.  A claim relating to the present or absence of cholesterol in a food.

1.  Subject to condition 3 the food must contain no more than 0.005 per cent of cholesterol.

2.  The claim must not be accompanied by a suggestion, whether express or implied, that the food is beneficial to human health because of its level of cholesterol.

3.  If the claim relates to the removal of cholesterol from, or its reduction in, the food and condition 1 is not met, such claims shall only be made—

(a)as part of an indication of the true nature of the food,

(b)as part of an indication of the treatment of the food,

(c)within the list of ingredients, or

(d)as a footnote in respect of the prescribed nutrition labelling.

4.  The food shall be marked or labelled with the prescribed nutrition labelling.

Nutrition claims

7.  Any nutrition claim not dealt with under any other item.

1.  The food must be capable of fulfilling the claim.

2.  The food shall be marked or labelled with the prescribed nutrition labelling.

Claims which depend on another food

8.  A claim that a food has a particular value or confers a particular benefit.

The value or benefit must not be derived wholly or partly from another food that is intended to be consumed with the food in relation to which the claim is made.

TABLE A

Vitamins in respect of which claims may be made

Column 1Column 2
VitaminRecommended daily allowance
Vitamin A800 μg
Vitamin D5 μg
Vitamin E10 mg
Vitamin C60 mg
Thiamin1.4 mg
Riboflavin1.6 mg
Niacin18 mg
Vitamin B62 mg
Folacin200 μg
Vitamin B121 μg
Biotin0.15 mg
Pantothenic acid6 mg

Table B

Minerals in respect of which claims may be made

Column 1Column 2
MineralRecommended daily allowance

Note

As a rule, a significant amount means 15% of the recommended daily allowance listed in respect of each vitamin and mineral specified in Tables A and B that is supplied by 100 g or 100 ml of a food, or per package of a food if the package contains only a single portion

Calcium800 mg
Phosphorus800 mg
Iron14 mg
Magnesium300 mg
Zinc15 mg
Iodine150 μg

Regulation 41(3) and (4)

SCHEDULE 7Nutrition Labelling

Part IPresentation of Prescribed Nutrition Labelling

1.  Prescribed nutrition labelling shall consist of such of the following items as under Part II are either required or permitted to be given. Subject to paragraphs 2, 3, 4, 5 and 6, the items and, where applicable, their order and manner of listing, are—

energy[x[ kJ and [x] kcal
protein[x] g
carbohydrate[x] g
of which:
  • sugars

[x] g
  • polyols

[x] g
  • starch

[x] g
fat[x] g
of which:
  • saturates

[x] g
  • mono-unsaturates

[x] g
  • polyunsaturates

[x] g
  • cholesterol

[x] mg
fibre[x] g
sodium[x] g
[vitamins][x units]
[minerals][x units].

2.  In the event that there is also required to be given the name and amount of any substance which belongs to, or is a component of, one of the items already given such substance or component shall be listed immediately after the item to which it relates, and in the following manner—

[item][x] g or mg
of which
  • [substance or component]

[x] g or mg

3.—(a) For [vitamins] and [minerals] there shall be substituted, as appropriate, the names of any vitamin or mineral listed in Table A or B in Schedule 6.

(b)For [item] there shall be substituted the name of the relevant item from the list in paragraph 1.

(c)For [substance or component] there shall be substituted the name of the substance or component.

(d)For [x] there shall be substituted the appropriate amount in each case and, in respect of vitamins and minerals, such amounts—

(i)shall be expressed in the units of measurement specified in relation to the respective vitamins and minerals given in Table A or B in Schedule 6, and

(ii)shall also be expressed as a percentage of the recommended daily allowance specified for such vitamins and minerals in those Tables.

4.  All amounts given—

(a)are to be per hundred grams or hundred millilitres of the food, as is appropriate, and, where it is wished to do so, those in either—

(i)a quantified serving of the food, or

(ii)provided that the total number of portions contained in that sales unit of the food is stated, in one such portion of the food,

(b)shall be such amounts as are contained in the food as sold to the ultimate consumer or to a catering establishment save that, where sufficiently detailed instructions are given for the preparation for consumption of the food, they may (if expressly said to be so) be such amounts as are contained in the food after the completion of such preparation in accordance with the said instructions, and

(c)shall be averages based, either alone or in any combination, on—

(i)the manufacturer’s analysis of the food,

(ii)a calculation from the actual average values of the ingredients used in the preparation of the food,

(iii)a calculation from generally established and accepted data,

and “averages” for the purposes of this sub-paragraph means the figures which best represent the respective amounts of the nutrients which a given food contains, there having been taken into account seasonal variability, patterns of consumption and any other factor which may cause the actual amount to vary.

5.  In the calculation of the energy value the following conversion factors shall be employed—

(a)1 gram of carbohydrate (excluding polyols) shall be deemed to contribute 17 kJ (4 kcal);

(b)1 gram of polyols shall be deemed to contribute 10 kJ (2.4 kcal);

(c)1 gram of protein shall be deemed to contribute 17 kJ (4 kcal);

(d)1 gram of fat shall be deemed to contribute 37 kJ (9 kcal);

(e)1 gram of ethanol shall be deemed to contribute 29 kJ (7 kcal);

(f)1 gram of organic acid shall be deemed to contribute 13 kJ (3 kcal).

6.  Any prescribed nutrition labelling shall be presented together in one conspicuous place—

(a)in tabular form with any numbers aligned, or

(b)if there is insufficient space to permit tabular listing, in linear form.

Part IIContents of prescribed Nutrition Labelling

1.  In respect of any food other than one to which paragraph 2 applies, prescribed nutrition labelling shall be given as follows—

(a)it shall include either—

(i)energy and the amounts of protein, carbohydrate and fat, or

(ii)energy and the amounts of protein, carbohydrate, sugars, fat, saturates, fibre and sodium,

provided that, where sugars, saturates, fibre or sodium is, or are, the subject of a nutrition claim, it shall be given in accordance with paragraph (ii);

(b)where such is the subject of a nutrition claim, it shall also include the amounts of any polyols, starch, mono-unsaturates, polyunsaturates, cholesterol, vitamins or minerals, and in the absence of such a claim it may include any of these, provided that in either case only those vitamins or minerals present in a significant amount as described in the Note to Tables A and B in Schedule 6 shall, or may, be so included;

(c)where labelling is given in accordance with sub-paragraph (a)(i) and, further to sub-paragraph (b) the amount of any of mono-unsaturates, polyunsaturates or cholesterol has been included, it shall also include the amount of saturates, and

(d)where such is the subject of a nutrition claim, it shall also include the name and amount of any substance which belongs to, or is a component of, one of the nutrients already required or permitted to be included.

2.—(1) In respect of any food which is not prepacked and which is sold—

(a)to the ultimate consumer other than at a catering establishment,

(b)to the ultimate consumer from a vending machine, whether or not such machine is located at a catering establishment, or

(c)to a catering establishment,

the prescribed nutrition labelling shall include such of energy and the amounts of any nutrient and the name and amount of any substance which belongs to, or is a component of, any nutrient, in respect of which a nutrition claim is made, and it may include any of the items listed in paragraph 1 of Part I in respect of which there is no such claim.

Regulation 42

SCHEDULE 8Misleading Descriptions

Part IGeneral

Column 1Column 2
Words and descriptionsConditions
The description “dietary” or “dietetic”.

Shall not be applied to any food unless it is a food for a particular nutritional use (excluding such foods formulated for infants and young children in good health) which—

(a)

has been specially made for a class of persons whose digestive process or metabolism is disturbed or who, by reason of their special physiological condition, obtain special benefit from a controlled consumption of certain substances, and

(b)

is suitable for fulfilling the particular nutritional requirements of that class of persons.

Any description incorporating the name of a food in such a way as to imply that the food, or the part of a food, being described has the flavour of the food named in the description.

Shall not be applied to any food unless the flavour of the food being described is derived wholly or mainly from the food named in the description, except that any description incorporating the word “chocolate” which is such as to imply that the food being described has a chocolate flavour may be applied to a food which has a chocolate flavour derived wholly or mainly from non fat cocoa solids where the purchaser would not be misled by the description.

This shall not be taken to prevent the use of the word “flavour” preceded by the name of a food when the flavour of the food being described is not wholly or mainly from the food named in the description.

A pictorial representation of a food which is such as to imply that the food to which the representation is applied has the flavour of the food depicted in the representation.Shall not be applied to any food unless the flavour of the food to which the representation is applied is derived wholly or mainly from the food depicted in the representation.
The description “ice cream”.Shall not be applied to any food other than the frozen product containing not less than 5% fat and not less than 2.5% milk protein, not necessarily in natural proportions, and which is obtained by subjecting an emulsion of fat, milk solids and sugar (including any sweetener permitted in ice cream by the Sweeteners in Food Regulations (Northern Ireland) 1996(3)), or without the addition of other substances, to heat treatment and either to subsequent freezing or evaporation, addition of water and subsequent freezing.
The description “dairy ice cream”.Shall not be applied to any food other than one which fulfills the conditions relating to application of the description “ice cream” to a food (provided that the fat in respect of which a minimum of 5% is specified shall here consist exclusively of milk fat) and which contains no fat other than milk fat or any fat present by reason of the use as an ingredient of such ice cream of any egg, any flavouring, or any emulsifier or stabiliser.
The word “milk” or any other word or description which implies that the food being described contains milk.

Shall not be used as part of the name of a food, which contains the milk of an animal other than a cow, unless—

(a)
(i)

such milk has all the normal constituents in their natural proportions, and

(ii)

the word or description is accompanied by the name of that animal; or

(b)
(i)

such milk has been subjected to a process or treatment, and

(ii)

the word or description is accompanied by the name of that animal and an indication of that process or treatment; or

(c)

the word or description is used in accordance with any regulations made, or having effect as if made, under the Order or any order having effect as if contained in regulations so made.

The word “milk”.

Shall not be used as the name of an ingredient where the ingredient is the milk of an animal other than a cow unless—

(a)

the word is accompanied by the name of the animal, and

(b)

the use of the word as the name of the ingredient complies in all other respects with these Regulations.

The description “starch-reduced”.

Shall not be applied to any food, unless—

(a)

less than 50% of the food consists of anhydrous carbohydrate calculated by weight on the dry matter of the food, and

(b)

the starch content of a given quantity of the food is substantially less than that of the same quantity of similar foods to which the description is not applied.

The word “vitamin” or any other word or description which implies that the food to which the word or description relates is a vitamin.

Shall not be used in the labelling or advertising of any food, unless the food to which the word or description relates is—

(a)

one of the vitamins specified in column 1 of Table A in Schedule 6; or

(b)

vitamin K.

The description “alcohol-free”.

Shall not be applied to any alcoholic drink from which the alcohol has been extracted, unless—

(a)

the drink has an alcoholic strength by volume of not more than 0.05%, and

(b)

the drink is marked or labelled with an indication of its maximum alcoholic strength (in one of the forms specified in regulation 30(1) immediately preceded by the words “not more than”) or, in an appropriate case, with an indication that it contains no alcohol

The description “dealcoholised”.

Shall not be applied to any drink, unless—

(a)

the drink, being an alcoholic drink from which the alcohol has been extracted, has an alcoholic strength by volume of not more than 0.5%, and

(b)

the drink is marked or labelled with an indication of its maximum alcoholic strength (in one of the forms specified in regulation 30(1) immediately preceded by the words “not more than”) or, in an appropriate case, with an indication that it contains no alcohol.

The description “low alcohol” or any other word or description which implies that the drink being described is low in alcohol.

Shall not be applied to any alcoholic drink unless—

(a)

the drink has an alcoholic strength by volume of not more than 1.2%, and

(b)

the drink is marked or labelled with an indication of its maximum alcoholic strength (in one of the forms specified in regulation 30(1) immediately preceded by the words “not more than”).

The description “low calorie” or any other word or description which implies that the drink being described is low in calories.Shall not be applied to any soft drink unless the soft drink (where applicable, after subsequent preparation (which may include dilution) in accordance with any accompanying instructions) contains not more than 10 kcal per 100 ml and 42 kJ per 100 ml of the drink.
The description “non-alcoholic”.Shall not be used in conjunction with a name commonly associated with an alcoholic drink, except in the composite name “non-alcoholic wine” when that composite name is used in accordance with regulation 43.
The name “liqueur”.Shall not be applied to any drink other than one so qualifying under the definition of liqueur contained in Article 1.4(r) of Council Regulation (EEC) No. 1576/89(4).
The name “Indian tonic water” or “quinine tonic water”.Shall not be applied to any drink unless the drink contains not less than 57 mg of quinine (calculated as quinine sulphate B.P.) per litre of the drink.
The name “tonic wine”.

Shall not be applied to any drink unless there appears in immediate proximity to the words “tonic wine” the clear statement: “the name “tonic wine” does not imply health giving or medicinal properties”.

No recommendation as to consumption or dosage shall appear in the labelling or advertising of the drink.

Part IICheese

Column 1Column 2
Variety of cheeseMaximum percentage of water
Cheddar39
Blue Stilton42
Derby42
Leicester42
Cheshire44
Dunlop44
Gloucester44
Double Gloucester44
Caerphilly46
Wensleydale46
White Stilton46
Lancashire48

Part IIICream

Column 1Column 2
Clotted creamThe cream is clotted and contains not less than 55% milk fat.
Double creamThe cream contains not less than 48% milk fat.
Whipping creamThe cream contains not less than 35% milk fat.
Whipped creamThe cream contains not less than 35% milk fat and has been whipped.
Sterilised creamThe cream is sterilised cream and contains not less than 23% milk fat.
Cream or single creamThe cream is not sterilised cream and contains not less than 18% milk fat.
Sterilised half creamThe cream is sterilised cream and contains not less than 12% milk fat.
Half creamThe cream is not sterilised cream and contains not less than 12% milk fat.

Regulation 49

SCHEDULE 9Revocations

Column 1Column 2Column 3
Provisions revokedReferencesExtent of revocation
Cocoa and Chocolate Products Regulations (Northern Ireland) 1976S.R. 1976 No. 183Regulation 21
Honey Regulations (Northern Ireland) 1976S.R. 1976 No. 387Regulation 13
Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 1977S.R. 1977 No. 182Regulation 18
Jam and Similar Products Regulations (Northern Ireland) 1982S.R. 1982 No. 105Regulation 20(2)
Food Labelling Regulations (Northern Ireland) 1984S.R. 1984 No. 407The whole Regulations
Meat Products and Spreadable Fish Products Regulations (Northern Ireland) 1984S.R. 1984 No. 408Regulation 18
Natural Mineral Waters Regulations (Northern Ireland) 1985S.R. 1985 No. 120Regulation 27
Food (Revision of Penalties and Mode of Trial) Regulations (Northern Ireland) 1987S.R. 1987 No. 38The reference to the Food Labelling Regulations (Northern Ireland) 1984 in Schedule 1
Coffee and Coffee Products (Amendment) Regulations (Northern Ireland) 1988S.R. 1988 No. 23Regulation 3
Food Labelling (Amendment) Regulations (Northern Ireland) 1989S.R. 1989 No. 229The whole Regulations
Caseins and Caseinates (Amendment) Regulations (Northern Ireland) 1990S.R. 1990 No. 37Regulation 3
Milk and Milk Products (Protection of Designations) Regulations (Northern Ireland) 1990S.R. 1990 No. 103Regulation 4
Food Labelling (Amendment) Regulations (Northern Ireland) 1990S.R. 1990 No. 440The whole Regulations
Food Safety (Northern Ireland) Order 1991 (Consequential Modifications) Order (Northern Ireland) 1991S.R. 1991 No. 203The references to the Food Labelling Regulations (Northern Ireland) 1984 in Part I of Schedule 1, and in Schedules 2 and 5
Food Labelling (Amendment) (Irradiated Food) Regulations (Northern Ireland) 1991S.R. 1991 No. 216The whole Regulations
Fruit Juices and Fruit Nectars (Amendment) Regulations (Northern Ireland) 1991S.R. 1991 No. 251Regulation 2(2)(d) and (3)(c)
Food Safety (Exports) Regulations (Northern Ireland) 1991S.R. 1991 No. 344The reference to the Food Labelling Regulations (Northern Ireland) 1984 in the Schedule
Flavourings in Food Regulations (Northern Ireland) 1992S.R. 1992 No. 416Regulation 11
Food Additives Labelling Regulations (Northern Ireland) 1992S.R. 1992 No. 417Regulation 7(4)
Food Safety (Amendment) (Metrication) Regulations (Northern Ireland) 1992S.R. 1992 No. 463Regulation 8
Food (Forces Exemptions) (Revocations) Regulations (Northern Ireland) 1992S.R. 1992 No. 464The reference to the Food Labelling Regulations (Northern Ireland) 1984 in the Schedule
Food Labelling (Amendment) Regulations (Northern Ireland) 1994S.R. 1994 No. 214The whole Regulations
Flavourings in Food (Amendment) Regulations (Northern Ireland) 1994S.R. 1994 No. 270Regulation 3
Preserved Tuna and Bonito (Marketing Standards) Regulations (Northern Ireland) 1994S.R. 1994 No. 425Regulation 5
Infant Formula and Follow-on Formula Regulations (Northern Ireland) 1995S.R. 1995 No. 85Regulation 12(2)
Food Safety (Live Bivalve Molluscs and Other Shellfish) (Import Conditions and Miscellaneous Amendments) Regulations (Northern Ireland) 1995S.R. 1995 No. 112Paragraph 13(1) of Schedule 4
Dairy Products (Hygiene) Regulations (Northern Ireland) 1995S.R. 1995 No. 201Regulation 24(3) and Schedule 13
Cheese and Cream Regulations (Northern Ireland) 1996S.R. 1996 No. 52The whole Regulations
(1)

O.J. No. L212, 22.7.89, p. 79

(2)

O.J. No. L163, 17.6.92, p. 1

(4)

O.J. No. L160, 12.6.89, p. 1

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