8.—(1) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with the second subparagraph of Article 5(1), Article 6 or Article 7 of the Commission Regulation if—
(a)the improvement notice would relate to a product that was placed on the market before IP completion day; and
(b)the matter would not have constituted a failure to comply with those provisions of the Commission Regulation as that Regulation had effect in EU law immediately before IP completion day.
(2) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with the second subparagraph of Article 5(1), Article 6 or Article 7 of the Commission Regulation if—
(a)the improvement notice would relate to a product placed on the market [F2before 1 January 2024];
(b)the product bears one of the indications provided for in the second subparagraph of Article 5(1), Article 6 or Article 7 of the Commission Regulation as those provisions had effect in EU law immediately before IP completion day; and
(c)the use of the indication would not constitute a failure to comply with those provisions of the Commission Regulation as that Regulation had effect in EU law immediately before IP completion day.
(3) In this regulation, “improvement notice” means an improvement notice pursuant to regulation 6(1).]
Textual Amendments
F1Reg. 8 inserted (27.5.2021) by The Food and Drink (Miscellaneous Amendments Relating to Food and Wine Composition, Information and Labelling) Regulations 2021 (S.I. 2021/632), regs. 1, 3
F2Words in reg. 8(2)(a) substituted (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 8