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() laying down common marketing standards for preserved sardines, or Council Regulation (EEC) No. 1536/92() laying down common marketing standards for preserved tuna and bonito.
Column 1 | Column 2 |
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Name | Species of Fish |
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SEA FISH |
Anchovy | All species of Engraulis |
Bass | Dicentrarchus labrax (L.) |
Brill | Scophthalmus rhombus (L.) |
Brisling | Sprattus sprattus (L.) when canned |
Catfish or Rockfish | All species of Anarhichas |
Cod or Codling | Gadus morhua (L.) (including Gadus morhua callarias and Gadus morhua morhua) |
Pacific cod or cod | Gadus macrocephalus |
Greenland cod or cod | Gadus ogac |
Coley or Saithe or Coalfish | Pollachius virens (L.) |
Conger | All species of Conger |
Croaker or Drum | All species of the family Scianidae |
Dab | Limanda limanda (L.) |
Dogfish or Flake or Huss or Rigg | All 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 fish | Zeus faber (L.) |
Eel | All species of Anguilla |
Emperor | All species of Lethrinus |
Flounder | Platichthys flesus (L.) |
Grey mullet | All species of Mugil |
| All species of Liza |
| All species of Chelon |
Grouper | All species of Mycteroperca |
| All species of Epinephelus |
Gurnard | All species of the family Triglidae |
| Peristedion cataphractum (L.) |
Haddock | Melanogrammus aeglefinus (L.) |
Hake | All species of Merluccius |
Halibut | Hippoglossus hippoglossus (L.) |
| Hippoglossus stenolepis |
Black halibut | Reinhardtius hippoglossoides (Walbaum) |
Herring | Clupea harengus (L.) |
Hilsa | Hilsa elisha |
Hoki | Macruronus novaezelandiae |
Jack | All species of Caranx |
| All species of Hemmicaranx |
| All species of Seriola |
| All species of Trachurus |
| All species of Decapterus |
Ling | All species of Molva |
Lumpfish or Lumpsucker | Cyclopterus lumpus |
Mackerel | All species of Scomber |
Megrim | All species of Lepidorhombus |
Monkfish or Angler | Lophius piscatorius (L.) |
Orange roughy | Hoplosteppus atlanticus |
Parrot-fish | All species of the family Scaridae |
Pilchard | Sardina pilchardus (Walbaum) |
Pacific pilchard | Sardinops sagax caerulea (Girard) |
| Sardinops sagax sagax (Jenyns) |
| Sardinops sagax melanosticta (Schlegel) |
South Atlantic pilchard | Sardinops sagax ocellata (Pappe) |
Plaice | Pleuronectes platessa (L.) |
American plaice | Hippoglossoides platessoides (Fabr.) |
Pollack or Pollock or Lythe | Pollachius pollachius (L.) |
Pacific pollack or Pacific pollock or Alaska pollack or Alaska pollock | Theragra chalcogramma (Pallas) |
Pomfret | All species of Brama |
| All species of Stromateus |
| All species of Pampus |
Redfish or Ocean perch or Rose fish | All species of Sebastes |
| Helicolenus maculatus |
| Helicolenus dactylopterus (De la Roche) |
Red Mullet | All species of Mullus |
Sardine | Small Sardina pilchardus (Walbaum) |
Sardinella | All species of Sardinella |
Sea bream or Porgy | All species of the family Sparidae |
Sild | Small Clupea harengus (L.), when canned |
| Small Sprattus sprattus (L.), when canned |
Skate or Ray or Roker | All species of Raja |
Smelt or Sparling | All species of Osmerus |
Sole or Dover sole | Solea solea (L.) |
Lemon sole | Microstomus kitt (Walbaum) |
Snapper | All species of the family Lutjanidae |
Sprat | Sprattus sprattus (L.), except when canned |
Swordfish | Xiphias gladius |
Tuna or Tunny | All 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 |
Bonito | All species of Sarda |
| All species of Euthynnus, with the exception of the species Euthynnus (Katsuwonus) pelamis |
| All species of Auxis |
Turbot | Scophthalmus maximus (L.) |
Whitebait | Small Clupea harengus (L.) |
| Small Sprattus sprattus (L.){except when canned} |
Whiting | Merlangius merlangus (L.) |
Blue whiting | Micromesistius poutassou (Risso) |
Southern Blue whiting | Micromesistius australis |
Winter flounder | Pseudopleuronectes americanus (Walbaum) |
Witch | Glyptocephalus cynoglossus (L.) |
SALMON AND FRESHWATER FISH |
Catfish | All species of the family Ictaluridae |
Carp | All species of the family Cyprinidae |
Char | All species of Salvelinus |
Salmon or Atlantic salmon | Salmo salor (L.)* |
Cherry salmon or Pacific salmon | Oncorhynchus masou (Walbaum)* |
Chum salmon or Keta salmon | Oncorhynchus keta (Walbaum)* |
Medium red salmon or Coho salmon or Silver salmon | Oncorhynchus kisutch (Walbaum)* |
Pink salmon | Oncorhynchus gorbuscha (Walbaum)* |
Red salmon or Sockeye salmon | Oncorhynchus nerka (Walbaum)* |
Spring salmon or King salmon or Chinook salmon or Pacific salmon | Oncorhynchus tschwytscha (Walbaum)* |
Brown trout or trout | Salmo trutti (L.) which has spent all of its life in fresh water |
Sea trout or Salmon trout | Salmo trutta (L.) which has spent part of its life in sea water |
Cut-throat trout or trout | Oncorhynchus clarkii |
Rainbow trout or Steelhead trout or trout | Oncorhynchus mykiss |
Tilapia | All species of Tilapia |
SHELLFISH |
Abalone or Ormer | All species of Haliotis |
Clam or Hard shell clam | Mercenaria mercenaria (L.) |
| Venus verrucosa (L.) |
Clam or Razor clam | All species of Ensis and Solen |
Cockle | All species of Cerastoderma |
Crab | All species of the section Brachyura |
| All species of the family Lithodidae |
Crawfish or Spiny Lobster or Rock lobster | All species of the family Palinuridae Jasus spp. |
Crayfish | All species of the family Astacidae |
| All species of the family Parastacidae |
All species of the family Austroastacidae |
Lobster | All species of Homarus |
Slipper lobster | All species of Scyllaridae |
Squat lobster | All species of the family Galatheidae |
Mussel | All species of the family Mytilus |
Oyster | All species of Crassostrea |
| All species of Ostrea |
Oyster or Portuguese oyster | Crassostrea angulata (Lmk.) |
Oyster or Pacific oyster | Crassostrea gigas (Thunberg) |
Oyster or Native oyster | Ostrea edulis (L.) |
King prawn | All 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 shrimp | Pandalus montagui Leach |
Shrimp or Brown shrimp | All species of Crangon |
Scallop | All species of Pectinidae |
Scallop or Queen scallop or Queen | Chlamys (Acquipecton) opercularis (L.) |
Scampi or Norway lobster or Dublin Bay prawn or Langoustine | Nephrops norvegicus (L.) |
Pacific scampi | Metanephrops adamanicus |
| Metanephrops challengeri |
Tiger prawn | Penaeus monodon |
| Penaeus semisuloalus |
| Penaeus esculentus |
Whelk | All species of Buccinum |
Winkle | All 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 1 | Column 2 | Column 3 |
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Generic name | Ingredients | Conditions of use of generic name |
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Cheese | Any type of cheese or mixture of cheese | The labelling of the food of which the cheese is an ingredient must not refer to a specific type of cheese |
Cocoa butter | Press, expeller or refined cocoa butter | |
Crumbs or rusks, as is appropriate | Any type of crumbed, baked cereal product | |
Crystallised fruit | Any crystallised fruit | The proportion of crystallised fruit in the food of which it is an ingredient must not exceed 10 per cent |
Dextrose | Anhydrous dextrose or dextrose monohydrate | |
Fat | Any refined fat | The 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”. |
Fish | Any species of fish | The labelling of the food of which the fish is an ingredient must not refer to a specific species of fish |
Flour | Any mixture of flour derived from two or more cereal species | The generic name shall be followed by a list of the cereals from which the flour is derived in descending order of weight |
Glucose syrup | Glucose syrup or anhydrous glucose syrup | |
Gum base | Any type of gum preparation used in the preparation of chewing gum | |
Herb, herbs or mixed herbs | Any herb or parts of a herb or combination of two or more herbs or parts of herbs | The 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 proteins | Any caseins, caseinates or whey proteins, or any mixture of these | |
Oil | Any refined oil, other than olive oil | The 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 spices | Any spice or any combination of two or more spices | The 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 |
Starch | Any unmodified starch or any starch which has been modified either by physical means or by enzymes | |
Sugar | Any type of sucrose | |
Vegetables | Any mixture of vegetables | The proportion of vegetables in the food of which they are an ingredient must not exceed 10% by weight of the food |
Wine | Any 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.
|
Acid1 | Flour treatment agent |
Acidity regulator | Gelling agent |
Anti-caking agent | Glazing agent |
Anti-foaming agent | Humectant |
Antioxidant | Modified starch2 |
Bulking agent | Preservative |
Colour | Propellant gas |
Emulsifier | Raising agent |
Emulsifying Salts | Stabiliser |
Firming agent | Sweetener |
Flavour enhancer | Thickener |
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 drink | Positive 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 1 | Column 2 |
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Types of Claim | Conditions |
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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—(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 1 | Column 2 |
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Vitamin | Recommended daily allowance |
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Vitamin A | 800 μg |
Vitamin D | 5 μg |
Vitamin E | 10 mg |
Vitamin C | 60 mg |
Thiamin | 1.4 mg |
Riboflavin | 1.6 mg |
Niacin | 18 mg |
Vitamin B6 | 2 mg |
Folacin | 200 μg |
Vitamin B12 | 1 μg |
Biotin | 0.15 mg |
Pantothenic acid | 6 mg |
Table B
Minerals in respect of which claims may be made
Column 1 | Column 2 |
---|
Mineral | Recommended 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
|
Calcium | 800 mg |
Phosphorus | 800 mg |
Iron | 14 mg |
Magnesium | 300 mg |
Zinc | 15 mg |
Iodine | 150 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: | |
| [x] g |
| [x] g |
| [x] g |
fat | [x] g |
of which: | |
| [x] g |
| [x] g |
| [x] g |
| [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 | |
| [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 1 | Column 2 |
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Words and descriptions | Conditions |
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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.
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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.
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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()), 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.
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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.
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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.
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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
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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
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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.
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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”).
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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(). |
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.
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Part IICheese
Column 1 | Column 2 |
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Variety of cheese | Maximum percentage of water |
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Cheddar | 39 |
Blue Stilton | 42 |
Derby | 42 |
Leicester | 42 |
Cheshire | 44 |
Dunlop | 44 |
Gloucester | 44 |
Double Gloucester | 44 |
Caerphilly | 46 |
Wensleydale | 46 |
White Stilton | 46 |
Lancashire | 48 |
Part IIICream
Column 1 | Column 2 |
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Clotted cream | The cream is clotted and contains not less than 55% milk fat. |
Double cream | The cream contains not less than 48% milk fat. |
Whipping cream | The cream contains not less than 35% milk fat. |
Whipped cream | The cream contains not less than 35% milk fat and has been whipped. |
Sterilised cream | The cream is sterilised cream and contains not less than 23% milk fat. |
Cream or single cream | The cream is not sterilised cream and contains not less than 18% milk fat. |
Sterilised half cream | The cream is sterilised cream and contains not less than 12% milk fat. |
Half cream | The cream is not sterilised cream and contains not less than 12% milk fat. |
Regulation 49
SCHEDULE 9Revocations
Column 1 | Column 2 | Column 3 |
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Provisions revoked | References | Extent of revocation |
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Cocoa and Chocolate Products Regulations (Northern Ireland) 1976 | S.R. 1976 No. 183 | Regulation 21 |
Honey Regulations (Northern Ireland) 1976 | S.R. 1976 No. 387 | Regulation 13 |
Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 1977 | S.R. 1977 No. 182 | Regulation 18 |
Jam and Similar Products Regulations (Northern Ireland) 1982 | S.R. 1982 No. 105 | Regulation 20(2) |
Food Labelling Regulations (Northern Ireland) 1984 | S.R. 1984 No. 407 | The whole Regulations |
Meat Products and Spreadable Fish Products Regulations (Northern Ireland) 1984 | S.R. 1984 No. 408 | Regulation 18 |
Natural Mineral Waters Regulations (Northern Ireland) 1985 | S.R. 1985 No. 120 | Regulation 27 |
Food (Revision of Penalties and Mode of Trial) Regulations (Northern Ireland) 1987 | S.R. 1987 No. 38 | The reference to the Food Labelling Regulations (Northern Ireland) 1984 in Schedule 1 |
Coffee and Coffee Products (Amendment) Regulations (Northern Ireland) 1988 | S.R. 1988 No. 23 | Regulation 3 |
Food Labelling (Amendment) Regulations (Northern Ireland) 1989 | S.R. 1989 No. 229 | The whole Regulations |
Caseins and Caseinates (Amendment) Regulations (Northern Ireland) 1990 | S.R. 1990 No. 37 | Regulation 3 |
Milk and Milk Products (Protection of Designations) Regulations (Northern Ireland) 1990 | S.R. 1990 No. 103 | Regulation 4 |
Food Labelling (Amendment) Regulations (Northern Ireland) 1990 | S.R. 1990 No. 440 | The whole Regulations |
Food Safety (Northern Ireland) Order 1991 (Consequential Modifications) Order (Northern Ireland) 1991 | S.R. 1991 No. 203 | The 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) 1991 | S.R. 1991 No. 216 | The whole Regulations |
Fruit Juices and Fruit Nectars (Amendment) Regulations (Northern Ireland) 1991 | S.R. 1991 No. 251 | Regulation 2(2)(d) and (3)(c) |
Food Safety (Exports) Regulations (Northern Ireland) 1991 | S.R. 1991 No. 344 | The reference to the Food Labelling Regulations (Northern Ireland) 1984 in the Schedule |
Flavourings in Food Regulations (Northern Ireland) 1992 | S.R. 1992 No. 416 | Regulation 11 |
Food Additives Labelling Regulations (Northern Ireland) 1992 | S.R. 1992 No. 417 | Regulation 7(4) |
Food Safety (Amendment) (Metrication) Regulations (Northern Ireland) 1992 | S.R. 1992 No. 463 | Regulation 8 |
Food (Forces Exemptions) (Revocations) Regulations (Northern Ireland) 1992 | S.R. 1992 No. 464 | The reference to the Food Labelling Regulations (Northern Ireland) 1984 in the Schedule |
Food Labelling (Amendment) Regulations (Northern Ireland) 1994 | S.R. 1994 No. 214 | The whole Regulations |
Flavourings in Food (Amendment) Regulations (Northern Ireland) 1994 | S.R. 1994 No. 270 | Regulation 3 |
Preserved Tuna and Bonito (Marketing Standards) Regulations (Northern Ireland) 1994 | S.R. 1994 No. 425 | Regulation 5 |
Infant Formula and Follow-on Formula Regulations (Northern Ireland) 1995 | S.R. 1995 No. 85 | Regulation 12(2) |
Food Safety (Live Bivalve Molluscs and Other Shellfish) (Import Conditions and Miscellaneous Amendments) Regulations (Northern Ireland) 1995 | S.R. 1995 No. 112 | Paragraph 13(1) of Schedule 4 |
Dairy Products (Hygiene) Regulations (Northern Ireland) 1995 | S.R. 1995 No. 201 | Regulation 24(3) and Schedule 13 |
Cheese and Cream Regulations (Northern Ireland) 1996 | S.R. 1996 No. 52 | The whole Regulations |