SCHEDULE 7Consequential and other amendments
PART 1Consequential and other amendments coming into operation on 19th September 2014
The Food Labelling Regulations (Northern Ireland) 1996I11
1
The Food Labelling Regulations (Northern Ireland) 1996 are amended in accordance with subparagraphs (2) to (4).
2
In regulation 2(1)(interpretation) of the Food Labelling Regulations (Northern Ireland) 1996 in the definition of “the additives regulations” omit the expression “the Food Additives Regulations (Northern Ireland) 2009”
3
In regulation 4(2) (scope of Part II), in each of subparagraphs (h), (i) and (j), for “Commission Regulation (EC) No 607/2009” to the end substitute “Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;”42.
4
For regulation 41(4) (supplementary provisions relating to claims) substitute—
4
Where nutrition labelling not being prescribed nutrition labelling is given, it must be given in the manner specified in paragraph (4A) or (4B).
4A
The nutrition labelling must be given in all respects as if it were prescribed nutrition labelling except that in applying the requirements for prescribed nutrition labelling described in Schedule 7, Part II of that Schedule shall be read as if—
a
in paragraph 1, the words “or that is labelled as provided for in regulation 41(4B)” were inserted after the words “paragraph 2 applies”,
b
in paragraph (1)(a), the words from “provided that” to the end of that paragraph were omitted, and
c
paragraph 1(d) were omitted.
4B
The nutrition labelling must be given in accordance with Articles 29 to 35 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004.
The Food (Lot Marking) Regulations (Northern Ireland) 1996I22
1
The Food (Lot Marking) Regulations (Northern Ireland) 199643 are amended in accordance with subparagraphs (2) and (3).
2
In regulation 2 (interpretation) for the definition of “first seller established within the Community” substitute ““first seller established within the European Union” has the same meaning as in Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs”.
3
In regulation 3(2)(a) for “Community” substitute “European Union”.
The Food with Added Phytosterols or Phytostanols (Labelling) Regulations (Northern Ireland) 2004I33
In Regulation 2(1) (interpretation) of the Food with added Phytosterols or Phytostanols (Labelling) Regulations (Northern Ireland) 200444 for the definition of “Regulation 608/2004” substitute—
“Regulation 608/2004” means Commission Regulation (EC) No 608/2004 concerning the labelling of foods and food ingredients with added phytosterols, phytosterol esters, phytostanols and/or phytostanol esters as amended by and as read with Commission Regulation (EU) No 718/2013 amending Regulation (EC) No. 608/2004;
The Addition of Vitamins, Minerals and other Substances Regulations (Northern Ireland) 2007I44
In regulation 4(2)(e) (offences and penalties) of the Addition of Vitamins, Minerals and other Substances Regulations (Northern Ireland) 200746, after “have been added”, insert—
, as read with the first subparagraph of Article 54(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004
The Nutrition and Health Claims Regulations (Northern Ireland) 2007I55
In regulation 5(2)(d) (offences and penalties) of the Nutrition and Health Claims Regulations (Northern Ireland) 2007, after “(requirements for nutrition information)”, insert—
, as read with the first subparagraph of Article 54(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004
The Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013I66
Omit Regulation 20 of the Food Additives, Flavouring, Enzymes and Extraction Solvents Regulations (Northern Ireland) 201347.
PART 2Consequential and other amendments coming into operation on 13th December 2014
The Food Labelling Regulations (Northern Ireland) 1996I181
1
The Food Labelling Regulations (Northern Ireland) 1996 are amended in accordance with subparagraphs (2) to (4).
2
In regulation 2(1)(interpretation), for the definition of “ingredient” substitute—
“ingredient” has the meaning given in Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as amended from time to time;
3
In regulation 3 (exemptions), for paragraph (1) substitute—
1
This regulation does not apply to a food that is brought into Northern Ireland from another part of the United Kingdom, an EEA State (other than the United Kingdom), a member State (other than the United Kingdom) or from the Republic of Turkey in which it was lawfully produced or marketed.
4
In Schedule 8 (misleading descriptions), Part I—
a
In the second column of the table for the entry relating to the description “alcohol-free”, for subparagraph (b) substitute—
b
the drink is marked or labelled with—
i
an indication of its maximum alcoholic strength in a form comprising of the words “not more than” followed by a figure to not more than one decimal place indicating its maximum alcoholic strength and the symbol “% vol.” (required form 1), “alcohol % vol.” (required form 2), or “alc. % vol.” (required form 3), or
ii
in an appropriate case, an indication that it contains no alcohol.
b
In the second column of entry relating to the description “dealcoholised”, for subparagraph (b) substitute—
b
the drink is marked or labelled with—
i
an indication of its maximum alcoholic strength in required form 1, 2 or 3, or
ii
in an appropriate case, an indication that it contains no alcohol.
c
In the second column of entry relating to the description “low alcohol” (or any other word or description which implies that the drink being described is low in alcohol), for subparagraph (b) substitute—
b
an indication of its maximum alcoholic strength in required form 1, 2 or 3.
The Food (Lot Marking) Regulations (Northern Ireland) 1996I192
1
The Food (Lot Marking) Regulations (Northern Ireland) 1996 are amended in accordance with subparagraphs (2) and (3).
2
For regulation 2(1) (interpretation) substitute—
2
In these Regulations—
“date of minimum durability” is to be construed taking into account the definition of “date of minimum durability of a food” in Article 2(2)(r) of Regulation (EU) No 1169/2011;
“first seller established within the Community” has the same meaning as in Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs;
“food” means food, within the meaning of the Order, intended for sale for human consumption;
“ice cream” has the same meaning as in Directive 2011/91/EU of the European Parliament and of the Council;
“lot” means a batch of sales units of food produced, manufactured or packaged under similar conditions;
“lot marking indication” means an indication which allows identification of the lot to which a sales unit of food belongs;
“the Order” means the Food Safety (Northern Ireland) Order 1991;
“prepacked food” has the meaning given in Article 2(2)(e) of Regulation (EU) No 1169/2011;
“prepacked for immediate sale” has the same meaning as “prepacked for direct sale” in Regulation (EU) No 1169/2011;
“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;
“sell” includes offer or expose for sale and have in possession for sale;
“ultimate consumer” has the same meaning as “final consumer” in Article 3, point 18 of Regulation (EC) No 178/2002 of the European Parliament and of the Council 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;
“use by date” has the same meaning as in Regulation (EU) No 1169/2011.
3
In regulation 4 (exceptions for particular types of sale and sale units) —
a
in subparagraph (e), for “edible ice” substitute “ice cream”; and
b
in subparagraph (g) —
i
for “an indication of minimum durability”, substitute “the date of minimum durability”; and
ii
for “the Food Labelling Regulations require”, substitute “Regulation (EU) No 1169/2011 requires”.
The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations (Northern Ireland) 1997I203
In regulation 3(b) (labelling requirements) of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations (Northern Ireland) 199748, for “Tables A and B of Part II of Schedule 6 to the Food Labelling Regulations (Northern Ireland) 1996”, substitute “Annex XIII, Part A, point 1 to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”.
The Bread and Flour Regulations (Northern Ireland) 1998I214
Regulation 2 (interpretation) of the Bread and Flour Regulations (Northern Ireland) 199849 is amended as follows—
a
in the definition of “ingredient”, for “the Food Labelling Regulations (Northern Ireland) 1996”, substitute “Article 2(2)(f) of Regulation (EU) No 1169/2011”;
b
in the definition of “labelling”, for “The Food Labelling Regulations (Northern Ireland) 1996”, substitute “Article 2(2)(j) of Regulation (EU) No 1169/2011”;
c
omit the definition of “member State”; and
d
after the definition of “the Order”, insert—
“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004; and
The Coffee Extracts and Chicory Extracts Regulations (Northern Ireland) 2001I225
1
The Coffee Extracts and Chicory Extracts Regulations (Northern Ireland) 200150 are amended in accordance with subparagraphs (2) and (3).
2
In regulation 2(1) (interpretation)—
a
omit the definition of “the 1996 Regulations”; and
b
after the definition of “the Order” insert—
“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;
3
In regulation 5(1) (labelling and description of designated products)—
a
for “the 1996 Regulations”, substitute “Regulation (EU) No 1169/2011”;
b
in subparagraph (a), for “regulation 6(1) of the 1996 Regulations”, substitute “Article 17 of Regulation (EU) No 1169/2011”; and
c
in subparagraph (c), for “the 1996 Regulations”, substitute “Article 17 of Regulation (EU) No 1169/2011”.
The Food Supplements Regulations (Northern Ireland) 2003I236
1
The Food Supplements Regulations (Northern Ireland) 200351 are amended in accordance with subparagraphs (2) to (4).
2
In regulation 2(1) (interpretation)—
a
omit the definition of “Directive 90/496”; and
b
insert the following definition in its correct alphabetical place—
“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;
3
In regulation 6 (restrictions on sale relating to labelling etc. of food supplements)—
a
in paragraph (2), for “the Food Labelling Regulations (Northern Ireland) 1996”, substitute “Regulation (EU) No 1169/2011”; and
b
in paragraph (3)(e), for “the Annex to Council Directive 90/496/EEC”, substitute “Annex XIII to Regulation (EU) No 1169/2011”.
4
In regulation 7(1) (manner of marking or labelling), for “regulation 5(a), (c) and (e) of the Food Labelling Regulations (Northern Ireland) 1996”, substitute “Article 9(1)(a), (f), (g) and (h) of Regulation (EU) No 1169/2011”.
The Specified Sugar Products Regulations (Northern Ireland) 2003I77
1
The Specified Sugar Products Regulations (Northern Ireland) 200352 are amended in accordance with subparagraphs (2) and (3).
2
In regulation 2 (interpretation), omit the definition of “the 1996 Regulations”;
3
In regulation 5(1) (labelling and description of specified sugar products), for “Part II of the 1996 Regulations”, substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”.
The Cocoa and Chocolate Products Regulations (Northern Ireland) 2003I88
1
The Cocoa and Chocolate Products Regulations (Northern Ireland) 200353 are amended in accordance with subparagraphs (2) to (4).
2
In regulation 2 (interpretation)—
a
omit the definition of “the 1996 Regulations”; and
b
after the definition of “preparation” insert—
“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;
3
In regulation 5 (reserved descriptions), for subparagraphs (b) and (c) substitute—
b
such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food;
c
such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food is not and does not contain a designated product; or
d
the use of such description, derivative or word to designate the food is in accordance with the customs applicable in the United Kingdom and the food cannot be confused with a product listed in column 1 of Schedule 1.
4
In regulation 6 (labelling and description of designated products)—
a
in paragraph (1), for “Part II of the 1996 Regulations”, substitute “Regulation (EU) No 1169/2011”; and
b
in paragraph 2(b), for “the 1996 Regulations”, substitute “Article 9(1)(b) of Regulation (EU) No 1169/2011”.
The Honey Regulations (Northern Ireland) 2003F1I99
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations (Northern Ireland) 2003I1410
In regulation 8(1) (labelling) of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations (Northern Ireland) 200355, for “Part II of the Food Labelling Regulations (Northern Ireland) 1996”, substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”;.
The Price Marking Order (Northern Ireland) 2004I1511
In Article 2(1) (interpretation) of the Price Marking Order (Northern Ireland) 200456, in the definition of “liquid medium” for “paragraph 4” to the end, substitute “the second subparagraph of point 5 of Annex IX to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers;”.
The Food Hygiene Regulations (Northern Ireland) 2006I1012
In Schedule 4 (temperature control requirements), paragraph 8 (interpretation), to the Food Hygiene Regulations (Northern Ireland) 200657 for subparagraphs (a) and (b) in the definition of “shelf life” substitute—
a
in relation to food for which a date of minimum durability is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required date of minimum durability;
b
in relation to food for which a “use by” date is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required “use by” date; and
The Quick-frozen Foodstuffs (No.2) Regulations (Northern Ireland) 2007I1613
1
The Quick-frozen Foodstuffs (No. 2) Regulations (Northern Ireland) 200758 are amended in accordance with subparagraphs (2) and (3).
2
In regulation 2(1) (interpretation)—
a
omit the definition of “catering establishment”;
b
in the definition of “local distribution” for “catering establishment” substitute “mass caterer”;
c
after the definition of “local distribution”, insert—
“mass caterer” has the meaning given by Article 2(2)(d) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers;
d
in the definition of “prepackaging”, for “the Food Labelling Regulations (Northern Ireland) 1996”, substitute “Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”; and
e
for the definition of “ultimate consumer” substitute—
“ultimate consumer” has the same meaning as “final consumer” in Article 3, point 18 of Regulation 178/2002.
3
In regulation 5(2) and (4) (marking or labelling of quick frozen foodstuffs), for “catering establishment”, substitute “mass caterer”.
The Addition of Vitamins, Minerals and other Substances Regulations (Northern Ireland) 2007I1314
In the Addition of Vitamins, Minerals and other Substances Regulations (Northern Ireland) 200759, for regulation 4(2)(e) (offences and penalties) substitute—
e
Article 7(1), (2) and (3) (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added) as amended by Article 50 Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers.
The Nutrition and Health Claims Regulations (Northern Ireland) 2007I1115
In the Nutrition and Health Claims Regulations (Northern Ireland) 200760, for regulation 5(2)(d) (offences and penalties) substitute—
d
Article 7 (requirements for nutrition information) as amended by Article 49 Regulation (EU) No 1169/2011;
The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2007F2I1216
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Eggs and Chicks Regulations (Northern Ireland) 2010I1717
1
The Eggs and Chicks Regulations (Northern Ireland) 201062 are amended in accordance with subparagraphs (2) and (3).
2
In regulation 2(1) (interpretation)—
a
omit the definition of “Directive 2000/13/EC”; and
b
after the definition of “Regulation (EC) No 2160/2003”, insert—
“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;
3
In Schedule 2 , Part 2 (provisions of Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs63 contravention of which is an offence)—
a
in the second column of the entry in the table relating to Article 4(2), for “Directive 2000/13/EC”, substitute “Regulation (EU) No 1169/2011”;
b
in the second column of the entry in the table relating to Article 6(3), for “Article 9(2) of Directive 2000/13/EC”, substitute “point 1(a) of Annex X to Regulation (EU) No 1169/2011”; and
c
in the second column of the entry in the table relating to Article 13, for “Article 3(1)(5) of Directive 2000/13/EC”, substitute “Article 9(1)(f) of Regulation (EU) No 1169/2011”.