- Latest available (Revised)
- Point in Time (25/11/2004)
- Original (As made)
Point in time view as at 25/11/2004.
There are currently no known outstanding effects for the The Food Labelling (Amendment No. 2) Regulations (Northern Ireland) 2004.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Statutory Rules of Northern Ireland
FOOD
Made
10th November 2004
Coming into operation
25th November 2004
The Department of Health, Social Services and Public Safety(1) in exercise of the powers conferred on it by Articles 15(1)(e) and (f), 16(1), 25(1) and (3), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991(2) and of all other powers enabling it in that behalf, having had regard in accordance with Article 47(3A) of the said Order to relevant advice given by the Food Standards Agency(3) and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council(4) laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety and in accordance with Article 47(3) and (3B) of the said Order, hereby makes the following Regulations:
1. These Regulations may be cited as The Food Labelling (Amendment No. 2) Regulations (Northern Ireland) 2004, and shall come into operation on 25th November 2004.
Commencement Information
I1Reg. 1 in operation at 25.11.2004, see reg. 1
2. The Food Labelling Regulations (Northern Ireland) 1996(5) shall be amended in accordance with regulations 3 to 15.
Commencement Information
I2Reg. 2 in operation at 25.11.2004, see reg. 1
3. In regulation 2(1) (interpretation) –
(a)after the definition of “advertisement” there shall be inserted –
““allergenic ingredient” means an ingredient referred to in Schedule AA1;”;
(b)for the definition of “Directive 2000/13” there shall be substituted –
““Directive 2000/13” means Directive 2000/13/EC of the European Parliament and of the Council(6) on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by –
Commission Directive 2001/101/EC(7), which was itself amended by Commission Directive 2002/86/EC(8);
the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the treaties on which the European Union is founded(9); and
Directive 2003/89/EC of the European Parliament and of the Council(10),
and as read with Commission Directive 99/10/EC(11) providing for derogations from the provisions of Article 7 of Directive 2000/13/EC and Commission Directive 2002/67/EC(12) on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine;”.
Commencement Information
I3Reg. 3 in operation at 25.11.2004, see reg. 1
4. In regulation 3(1A) (exemptions) after sub-paragraph (a) “or” shall be omitted and the following inserted –
(aA)regulation 44(a) in relation to a contravention of regulation 34B concerning any pre-packed food either contained in an indelibly marked glass bottle intended for re-use and having no label, ring or collar, or the largest surface of whose packaging has an area of less than ten square centimetres; or”
Commencement Information
I4Reg. 4 in operation at 25.11.2004, see reg. 1
5. In regulation 13 (order of list of ingredients), for paragraph (5) there shall be substituted –
“(5) Where a food consists of, or contains, mixed fruit, vegetables or mushrooms which are used in proportions that are likely to vary and no particular fruit, vegetable or mushroom predominates significantly by weight, those ingredients may be grouped together in the list of ingredients under the designation “fruit”, “vegetables” or “mushrooms” followed by the phrase “in varying proportions”, followed by a list of the fruit, vegetables or mushrooms present; in such a case the total weight of the fruit, vegetables or mushrooms shall determine the order in which this entry appears in the list of ingredients.
(6) Where a food consists of, or contains, mixed spices or herbs and no particular spice or herb predominates significantly by weight, those ingredients may be listed otherwise than in descending order of weight if –
(a)in the case of a food which consists entirely of such a mixture, the heading of the list of ingredients includes or is accompanied by “in variable proportion” or other words indicating the nature of the order in which the ingredients are listed; and
(b)in the case of a food which contains such a mixture, that part of the list where the names of those ingredients appear is accompanied by “in variable proportion” or other words indicating the nature of the order in which those ingredients are listed.
(7) Ingredients constituting less than 2 per cent of the finished product may be listed in a different order after the other ingredients.
(8) In the case of ingredients which –
(a)are similar or mutually substitutable;
(b)are likely to be used in the preparation of a food without altering its nature or its perceived value;
(c)are not additives or allergenic ingredients or ingredients originating from an allergenic ingredient referred to in paragraphs 1 to 11 of Schedule AA1; and
(d)constitute less than 2 per cent of the finished product,
such ingredients may be referred to in the list of ingredients by means of the phrase “contains … and/or …”, where at least one of no more than two such ingredients is present in the finished product.”.
Commencement Information
I5Reg. 5 in operation at 25.11.2004, see reg. 1
6. In regulation 14 (names of ingredients) –
(a)in paragraphs (4) and (9) there shall be inserted at the beginning “Subject to regulation 34B,”;
(b)in paragraph (5) after “Subject to paragraph (5A) of this regulation” there shall be inserted “and regulation 34B,”.
Commencement Information
I6Reg. 6 in operation at 25.11.2004, see reg. 1
7. In regulation 15 (compound ingredients) –
(a)in paragraphs (3) and (4) there shall be inserted at the beginning “Subject to regulation 34B,”;
(b)in paragraph (4) after sub-paragraph (a) “or” shall be omitted and for sub-paragraph (b) there shall be substituted –
“(b)subject to paragraphs (5) and (6), the composition of the compound ingredient is defined in Community legislation and the compound ingredient constitutes less than 2 per cent of the finished product, or
(c)subject to paragraphs (5) and (6), the compound ingredient consists of a mixture of spices or herbs or both and constitutes less than 2 per cent of the finished product.;
(c)after paragraph (4) there shall be inserted –
“(5) Subject to regulation 17, any additive which is an ingredient of such a compound ingredient as is mentioned in paragraph (4)(b) or (c) shall be named in the list of ingredients in accordance with paragraph (2).
(6) Where an ingredient of such a compound ingredient as is mentioned in paragraph (4)(b) or (c) has been irradiated, the name of that ingredient and the words required by paragraph 2 of Schedule 2 shall be given, except in the case of food which is prepared for patients requiring sterile diets under medical supervision.”.
8. In regulation 17 (ingredients which need not be named) –
(a)there shall be inserted at the beginning “Subject to regulation 34B,”;
(b)after paragraph (d) there shall be inserted –
(e)any substance which is not an additive but which is used in the same way and for the same purpose as a processing aid.”.
Commencement Information
I7Reg. 7 in operation at 25.11.2004, see reg. 1
9. In regulation 18 (foods which need not bear a list of ingredients) –
(a)in paragraph (1) there shall be inserted at the beginning “Subject to regulation 34B”;
(b)in paragraph (3) for “regulations 12 to 17” there shall be substituted “regulations 12 to 17 and 34B”.
Commencement Information
I8Reg. 9 in operation at 25.11.2004, see reg. 1
10. In regulation 23 (food which is not prepacked and similar food, and fancy confectionery products) after paragraph (2) there shall be inserted the following –
“(2A) Food falling within paragraph (1)(a) or (c) need not be marked or labelled with any of the particulars specified in regulation 34B.”.
Commencement Information
I9Reg. 10 in operation at 25.11.2004, see reg. 1
11. In regulation 27(1) (certain food sold at catering establishments), for “regulations 32, 33 and 34” there shall be substituted “regulations 32, 33, 34 and 34B”.
Commencement Information
I10Reg. 11 in operation at 25.11.2004, see reg. 1
12. After regulation 34A (drinks with high caffeine content), there shall be inserted –
34B.—(1) Subject to paragraph (2), where any food containing any allergenic ingredient, or any ingredient originating from an allergenic ingredient referred to in paragraphs 1 to 11 of Schedule AA1, does not specify the allergenic ingredient in the name of the food, that food shall be marked or labelled with a clear reference to the name of the allergenic ingredient concerned.
(2) In the case of any drink which has an alcoholic strength by volume of more than 1.2 per cent –
(a)the presence of any allergenic ingredient shall be indicated by marking or labelling the drink with “contains” followed by the name of the allergenic ingredient; and
(b)the presence of any ingredient originating from an allergenic ingredient referred to in paragraphs 1 to 11 of Schedule AA1 shall be indicated by marking or labelling the drink with “contains” followed by the name of the ingredient including a reference to the allergenic ingredient from which it originates,
unless the name of the allergenic ingredient is specified in the name of the drink or in the list of ingredients, if any.”.
Commencement Information
I11Reg. 12 in operation at 25.11.2004, see reg. 1
13. In regulation 50 (transitional provision), there shall be inserted at the end –
“(12) In any proceedings for an offence under regulation 44(a), it shall be a defence to prove that –
(a)the food concerned was marked or labelled before 25th November 2005; and
(b)the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by the following provisions of The Food Labelling (Amendment No. 2) Regulations (Northern Ireland) 2004, namely –
(i)regulation 3(b),
(ii)regulation 5 in so far as it substitutes a new regulation 13(5), and
(iii)regulations 6, 7(a), 8, 9, 12 and 15,
had not been in operation when the food was sold.”.
Commencement Information
I12Reg. 13 in operation at 25.11.2004, see reg. 1
14. Immediately before Schedule A1, there shall be inserted as Schedule AA1 the contents of the Schedule.
Commencement Information
I13Reg. 14 in operation at 25.11.2004, see reg. 1
15. In Schedule 3 (generic names in list of ingredients), in part I (general) the entries relating to “Crystallised fruit” and “Vegetables” shall be omitted.
Commencement Information
I14Reg. 15 in operation at 25.11.2004, see reg. 1
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 10th November 2004.
L.S.
Jim F. Livingstone
A senior officer of the
Department of Health, Social Services and Public Safety
Regulation 14
Commencement Information
I15Sch. in operation at 25.11.2004, see reg. 1
Regulations 2(1) and 34B
1. The following cereals containing gluten: wheat, rye, barley, oats, spelt, kamut and their hybridised strains
2. Crustaceans
3. Eggs
4. Fish
5. Peanuts
6. Soybeans
7. Milk
8. The following nuts: Almond (Amygdalus communis L.), Hazelnut (Corylus avellana), Walnut (Juglans regia), Cashew (Anacardium occidentale), Pecan nut (Carya illinoiesis (Wangenh.) K. Koch), Brazil nut (Bertholletia excelsa), Pistachio nut (Pistacia vera), Macadamia nut and Queensland nut (Macadamia ternifolia)
9. Celery
10. Mustard
11. Sesame seeds
12. Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre expressed as SO2”
(This note is not part of the Regulations.)
1. These Regulations further amend the Food Labelling Regulations (Northern Ireland) 1996 (“the principal Regulations”). These Regulations implement Directive 2003/89/EC of the European Parliament and of the Council (O.J. No. L308, 25.11.2003, p. 15) amending Directive 2000/13/EC as regards indication of the ingredients present in foodstuffs.N.I.
2. The Regulations require that in the case of food containing any allergenic ingredient (as defined in regulation 3(a) and the Schedule) or an ingredient originating from an allergenic ingredient referred to in paragraphs 1 to 11 of the Schedule, the food be marked or labelled with a clear reference to the name of the allergenic ingredient concerned (regulations 12 and 14). There are exemptions in the case of food which is not pre-packed, food which is pre-packed for direct sale and fancy confectionery products (regulations 10(b) and 11).N.I.
3. By virtue of Article 13(4) of Directive 2000/13/EC of the European Parliament and of the Council (O.J. No. L109, 6.5.2000, p. 29) on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, small packages and certain indelibly marked glass bottles are exempt from the allergen labelling requirements of Directive 2003/89/EC. The Regulations extend the allergen labelling requirements to such packages and bottles as a national measure (regulation 26 of the principal Regulations and regulation 4 and 12 of these Regulations refer). The Regulations were accordingly notified in draft to the European Commission under Directive 98/34/EC of the European Parliament and of the Council (O.J. No. L204, 21.7.98, p. 37) laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council (O.J. No. L217, 5.8.98, p. 18).N.I.
4. Also in implementation of Directive 2003/89/EC, the Regulations remove the previous exemption from ingredient listing in the case of the ingredients of a compound ingredient which constituted less than 25 per cent of the finished product, whilst providing a limited exemption for some compound ingredients constituting less than 2 per cent of the finished product (regulation 7(b) and (c)). The Regulations make some other adjustments to the detailed rules regarding the order in which ingredients are to be listed (regulation 5) and add a further ingredient to those which do not need to be named (regulation 8(b)). The Regulations make some consequential amendments (regulations 3(b), 6, 7(a), 8(a), 9 and 15) and contain a transitional provision (regulation 13).N.I.
Formerly the Department of Health and Social Services: see S.I. 1999/283 (N.I. 1) Article 3(6)
S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 (c. 28)
Article 47 (3A) and 3(B) were inserted by paragraph 40 of Schedule 5 to the Food standards Act 1999 (c. 28)
O.J. No. L31, 1.2.2002, p. 1
S.R. 1996 No. 383 the relevant amending Regulations are S.R.1998 Nos 253 and 359, S.R. 1999 Nos. 143 and 286, S.R. 2000 Nos. 189 and 303, and S.R. 2003 No. 448
O.J. No. L109, 6.5.2000, p. 29, as corrected by Corrigendum (O.J. No. L124, 25.5.2000, p. 66)
O.J. No. L310, 28.11.2001, p. 19
O.J. No. L305, 7.11.2002, p. 19
O.J. No. L236, 23.9.2003, p. 33
O.J. No. L308, 25.11.2003, p. 15
O.J. No. L69, 16.3.1999, p. 22
O.J. No. L191, 19.7.2002, p. 20
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: