The Food Information (Scotland) Regulations 2014

Regulation 14

SCHEDULE 5 Consequential and other amendments

Consequential and other amendments that have effect on 13th December 2014

The Quick-frozen Foodstuffs Regulations 1990

1.  The Quick-frozen Foodstuffs Regulations 1990(1) are amended as follows—

(a) in regulation 2(1)—

(i) omit the definition of “catering establishment”;

(ii) insert the following definition in its alphabetical place—

““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;”;

(iii) in the definition of “prepackaging”, for “the Food Labelling Regulations 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

(iv) substitute the definition of “ultimate consumer” with the following definition—

““ultimate consumer” has the same meaning as “final consumer” in point 18 of Article 3 of Regulation (EC) No 178/2002.”; and

(b) in regulation 5(2) and (4), and in paragraph 2(d) of Schedule 1, for “catering establishment”, substitute “mass caterer”.

The Food Labelling Regulations 1996

2.  The Food Labelling Regulations 1996(2) are amended as follows—

(a) In Schedule 8 (misleading descriptions), Part I—

(i) in column 2 of the entry relating to the description “alcohol-free”, for sub-paragraph (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 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.”;

(ii) in column 2 of the entry relating to the description “dealchoholised”, 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.”; and

(iii) in column 2 of the 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 1996

3.  The Food (Lot Marking) Regulations 1996(3) are amended, as follows—

(a) in regulation 2—

(i) omit the definition of “edible ice”;

(ii) in the definition of “first seller established within the European Union”, for “Council Directive 89/396/EEC”(4), substitute “Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs”(5)

(iii) omit the definition of “the Food Labelling Regulations” and the words “and “indication of minimum durability”, “use by date” and “ultimate consumer” have the same meanings as in those Regulations;” following that definition;

(iv) omit the definition of “prepacked” and the words “and “prepacking” shall be construed accordingly;” following that definition;

(v) insert the following definitions in their alphabetical place—

““date of minimum durability” has the meaning given in Article 2(2)(r) of Regulation (EU) No 1169/2011;”;

““ice cream” 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;”;

““prepacked food” has the meaning given in Article 2(2)(e) of Regulation (EU) No 1169/2011 and “prepacking” must be construed accordingly;”;

““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;”;

““ultimate consumer” has the same meaning as “final consumer” in point 18 of Article 3 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; and”;

““use by date” has the same meaning as in Regulation (EU) No 1169/2011.”; and

(vi) in the definition of “prepacked for immediate sale”, for “the Food Labelling Regulations”, substitute “Regulation (EU) No 1169/2011”;

(b) in regulation 4(e) for “edible ice”, substitute “ice cream”; and

(c) in regulation 4(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 1997

4.  In regulation 3(b) of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997(6), for “Tables A and B of Part II of Schedule 6 to the Food Labelling Regulations 1996”, substitute “point 1 of Part A of Annex XIII 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 1998

5.  The Bread and Flour Regulations 1998(7) are amended as follows—

(a) in regulation 2(1)—

(i) in the definition of “ingredient”, for “the Food Labelling Regulations 1996”, substitute “Article 2(2)(f) of Regulation (EU) No 1169/2011”;

(ii) in the definition of “labelling”, for “the Food Labelling Regulations 1996”, substitute “Article 2(2)(j) of Regulation (EU) No 1169/2011”;

(iii) omit the definition of “the labelling regulations”; and

(iv) insert the following definition in its 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; and”; and

(b) omit regulation 5(3).

The Coffee Extracts and Chicory Extracts (Scotland) Regulations 2001

6.  The Coffee Extracts and Chicory Extracts (Scotland) Regulations 2001(8) are amended as follows—

(a) in regulation 2(1)—

(i) omit the definition of “the 1996 Regulations”; and

(ii) insert the following definition in its 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;”;

(b) in regulation 5(1)—

(i) in the introductory wording, for “the 1996 Regulations”, substitute “Regulation (EU) No 1169/2011”;

(ii) in subparagraph (a), for “regulation 6(1) of the 1996 Regulations”, substitute “Article 17 of Regulation (EU) No 1169/2011”; and

(iii) in subparagraph (c), for “the 1996 Regulations”, substitute “Article 17 of Regulation (EU) No 1169/2011”; and

(c) omit regulation 6.

The Food Supplements (Scotland) Regulations 2003

7.  The Food Supplements (Scotland) Regulations 2003(9) are amended as follows—

(a) in regulation 2(1)—

(i) omit the definition of “Directive 90/496”; and

(ii) insert the following definition in its 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;”;

(b) regulation 6 is amended as follows—

(i) in paragraph (2) for “the Food Labelling Regulations 1996” substitute “Regulation (EU) No 1169/2011”; and

(ii) in paragraph 3(e) for “the Annex to Directive 90/496” substitute “point 1 of Part A of Annex XIII to Regulation (EU) No 1169/2011 and for “relevant recommended daily allowance specified in that Annex” substitute “relevant reference value specified in that point”; and

(c) in regulation 7(1), for “regulation 5(a), (c) and (e) of the Food Labelling Regulations 1996”, substitute “Article 9(1)(a), (f), (g) and (h) of Regulation (EU) No 1169/2011”.

The Specified Sugar Products (Scotland) Regulations 2003

8.  The Specified Sugar Products (Scotland) Regulations 2003(10) are amended as follows—

(a) in regulation 2, omit the definition of “the 1996 Regulations”;

(b) in regulation 5, 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”;

(c) omit regulation 6; and

(d) in Schedule 2, omit the entry relating to the Food Labelling Regulations 1996.

The Cocoa and Chocolate Products (Scotland) Regulations 2003

9.  The Cocoa and Chocolate Products (Scotland) Regulations 2003(11) are amended as follows—

(a) in regulation 2(1)—

(i) omit the definition of “the 1996 Regulations”; and

(ii) insert the following definition in its 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;”;

(b) in regulation 5—

(i) at the end of paragraph (b), omit “or”;

(ii) for the full stop at the end of paragraph (c), substitute “; or”; and

(iii) after paragraph (c), insert—

“(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.”;

(c) in regulation 6—

(i) in paragraph (1), for “Part II of the 1996 Regulations”, substitute “Regulation (EU) No 1169/2011”; and

(ii) in paragraph (2)(b) for “the 1996 Regulations”, substitute “Article 9(1)(b) of Regulation (EU) No 1169/2011”; and

(d) in regulation 7—

(i) omit paragraph (1); and

(ii) in paragraph (2)(a), for “the 1996 Regulations”, substitute “Article 9(1)(b) of Regulation (EU) No 1169/2011”.

The Honey (Scotland) Regulations 2003

10.  The Honey (Scotland) Regulations 2003(12) are amended as follows—

(a) in regulation 5(1), 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”; and

(b) omit regulation 7.

The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 2004

11.  In regulation 8(1) of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 2004(13), for “Part II of the Food Labelling Regulations 1996”, substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”.

The Food Hygiene (Scotland) Regulations 2006

12.  The definition of “shelf life” in paragraph 4 of Schedule 4 to the Food Hygiene (Scotland) Regulations 2006(14) is amended as follows—

(a) in subparagraph (a), for “regulation 20 of the Food Labelling Regulations 1996 (form of indication of minimum durability)”, substitute “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, and point 1 of Annex X to, that Regulation”; and

(b) in subparagraph (b), for “regulation 21 of the Food Labelling Regulations 1996 (form of indication of “use by” date)” substitute “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, and point 2 of Annex X to, that Regulation”.

The Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007

13.  In the Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007(15), in regulation 4(2), for subparagraph (e) 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). (16).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 (Scotland) Regulations 2007

14.  In the Nutrition and Health Claims (Scotland) Regulations 2007, in regulation 5(2), for subparagraph (d)(17), substitute—

“(d) Article 7 (requirements for nutrition information)(18) 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 Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007

15.  Regulation 2 (1) (interpretation) of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007(a) are amended as follows—

(a) for the definition of “advertisement” and “advertise” substitute—

““advertisement” means a representation in any form in connection with a trader or business in order to promote the supply of goods and “advertise” is to be construed accordingly;” and

(b) after the definition of “Regulation 115/2010” insert—

““Regulation 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(b);”.

The Eggs and Chicks (Scotland) (No 2) Regulations 2008

16.  The Eggs and Chicks (Scotland) (No 2) Regulations 2008(19) are amended as follows—

(a) in regulation 2(1)—

(i) omit the definition of “Directive 2000/13/EC”;

(ii) insert the following definition in its 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; and;”

(b) in regulation 15(4) and 15A(4) for “Article 1(2) of Directive 2000/13/EC” substitute “Article 2(2)(d) of Regulation (EU) No 1169/2011”; and

(c) in Part 2 of Schedule 2—

(i) in the second column of the entry relating to Article 4(2), for “Directive 2000/13/EC”, substitute “Regulation (EU) No 1169/2011”;

(ii) in the second column of the entry 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

(iii) in the second column of the entry 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”.

The Eggs and Chicks (Scotland) Amendment Regulations 2010

17.  The Eggs and Chicks (Scotland) Amendment Regulations 2010(20) are amended as follows—

“In regulation 2 omit the words “and “the 1996 Regulations” means the Food Labelling Regulations 1996”.

The Fruit Juices and Fruit Nectars (Scotland) Regulations 2013

18.  In Regulation 15 (1) of the Fruit Juices and Fruit Nectars (Scotland) Regulations 2013(21) omit from “Regulation 35(1)” to “labelling of food)” and insert—

“Articles 8 (responsibilities) and 13 (presentation of mandatory particulars) 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 308/2004.”.

(1)

S.I. 1990/2615, as amended by S.I. 1996/1499 and S.S.I. 2007/106.

(2)

S.I 1996/1499, as amended by 2011/2936 and to which there are other amendments not relevant to these amendments.

(3)

S.I. 1996/1502.

(4)

OJ No L 186, 30.6.1989, p.21, repealed by Directive 2011/91/EU (OJ No L 334, 16.12.2011, p.1).

(5)

OJ No L 334, 16.12.2011, p.1.

(6)

S.I. 1997/2182, to which there are amendments not relevant to these Regulations.

(7)

S.I. 1998/141, to which there are amendments not relevant to these Regulations.

(8)

S.S.I. 2001/38, to which there are amendments not relevant to these Regulations.

(9)

S.S.I. 2003/278, amended by S.S.I. 2009/438 and to which there are other amendments not relevant to these Regulations.

(10)

S.S.I. 2003/527, to which there are other amendments not relevant to these Regulations.

(11)

S.S.I. 2003/291.

(12)

S.S.I. 2003/569, to which there are amendments not relevant to these Regulations.

(13)

S.S.I. 2004/8, to which there are amendments not relevant to these Regulations.

(14)

S.S.I. 2006/3, to which there are amendments not relevant to these Regulations.

(15)

S.S.I. 2007/325.

(16)

Article 7(3) of Regulation (EC) No 1925/2006 is amended by Article 50 of Regulation (EU) No 1169/2011.

(17)

S.S.I. 2007/383.

(18)

Article 7 of Regulation (EC) No 1924/2006 is amended by Article 49 of Regulation (EU) No 1169/2011.

(19)

S.S.I. 2008/395, as amended by S.S.I. 2010/450.

(20)

S.S.I. 2010/450.

(21)

S.S.I. 2013/305.