The Food Labelling Amendment (No. 2) (Scotland) Regulations 2004 (revoked)

5.  In regulation 13 (order of list of ingredients), for paragraph (5) substitute–

“(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; and 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 the words “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 the words “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 composition, 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 in 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 the phrase “contains ... and/or ...”, where at least one of no more than two such ingredients is present in the finished product.”.