1. For section 10(1) (improvement notices) substitute—U.K.
“(1) If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply with a provision specified in subsection (1A), the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—
(a)state the officer's grounds for believing that the person is failing to comply with the relevant provision;
(b)specify the matters which constitute the person's failure so to comply;
(c)specify the measures which, in the officer's opinion, the person must take in order to secure compliance; and
(d)require the person to take those measures, or measures that are at least equivalent to them, within such period as may be specified in the notice.
(1A) The provisions are—
(a)a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers M1 specified in entry 1, 3, 5 to 11, 23 to 27, 29, 31 or 66 of the table in Part 2 of Schedule 5 to the Food Information Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that the provision applies to the mandatory particular relating to net quantity required by Article 9(1)(e) of Regulation (EU) No 1169/2011, as read with Article 23 of, and Annex IX to, that Regulation;
(b)a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in entry 2, 67 or 68 of the table in Part 2 of Schedule 5 to the Food Information Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that the provision applies to food information relating to quantity;
(c)any other provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in Schedule 5 to the Food Information Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations); or
(d)any of the following provisions of the Food Information Regulations 2014—
(i)regulation 5(3), (4) or (5);
[F1(ia)regulation 5A(1);]
(ii)regulation 6(1) or (4);
[F2(iia)regulation 6A(1) or (3);]
(iii)regulation 7(1), (4) or (5); or
(iv)regulation 8(1) or (3).”.
Textual Amendments
F1Words in Sch. 4 para. 1 substituted (19.5.2022) by The Food Information (Amendment) (England) Regulations 2022 (S.I. 2022/481), regs. 1(1), 2(7)(a)
F2Words in Sch. 4 para. 1 substituted (19.5.2022) by The Food Information (Amendment) (England) Regulations 2022 (S.I. 2022/481), regs. 1(1), 2(7)(b)
Marginal Citations
M1OJ No L 304, 22.11.2011, p 18, last amended by Commission Delegated Regulation (EU) No 78/2014 (OJ No L 27, 30.1.2014, p 7).