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5. In regulation 19 (indication of quantities of certain ingredients or categories of ingredients)–
(a)in paragraph (1) there shall be substituted for the words “paragraph (2) of” the words “paragraphs (2) and (2A) of”;
(b)after paragraph (2) there shall be inserted the following paragraph–
“(2A) Sub-paragraphs (a) and (b) of paragraph (1) of this regulation shall not apply in the case of–
(a)any ingredient or category of ingredients covered by the indication “with sweetener(s)” or “with sugar(s) and sweetener(s)” if that indication accompanies the name of the food pursuant to regulation 34; or
(b)any added vitamin or mineral if that substance is the subject of nutrition labelling relating to the food in question.”;
(c)in paragraph (3)(a) there shall be inserted at the beginning the words “subject to paragraph (4) of this regulation,”;
(d)at the end there shall be inserted the following paragraph–
“(4) Notwithstanding sub-paragraph (a) of paragraph (3) of this regulation–
(a)where the food has lost moisture as a result of treatment, the indication of quantity of the ingredient or category of ingredients used shall be expressed as a percentage which shall be determined by reference to the finished product unless that quantity, or the total quantity of the ingredients or categories of ingredients indicated, would exceed 100%, in which case the indication of quantity shall be on the basis of the weight of the ingredient or category of ingredients used to prepare 100g of the finished product;
(b)the indication of quantity of a volatile ingredient or category of volatile ingredients used shall be on the basis of its proportion by weight in the finished product;
(c)the indication of quantity of an ingredient or category of ingredients which has been used in concentrated or dehydrated form and which is reconstituted during preparation of the food may be on the basis of its proportion by weight before concentration or dehydration;
(d)where the food is in concentrated or dehydrated form and is intended to be reconstituted by the addition of water as directed in the labelling of the food, the indication of quantity of the ingredient or category of ingredients may be on the basis of its proportion by weight in the food when reconstituted as so directed.”.
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