Statutory Instrument 1999 No. 1483

The Food Labelling (Amendment) (No. 2) Regulations 1999

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The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is in printed form and is published by The Stationery Office Limited as the The Food Labelling (Amendment) (No. 2) Regulations 1999, ISBN 0 11 082691 4, £1.50 sterling. For details of how to obtain a printed copy see How to obtain The Stationery Office Limited titles.

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1)(e) and (f), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990[1] and of all other powers enabling them in that behalf, hereby make the following Regulations, after consultation in accordance with section 48(4) of that Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations:

Title and commencement
1. These Regulations may be cited as the Food Labelling (Amendment) (No. 2) Regulations 1999 and shall come into force on 30th June 1999.

Amendment of the Food Labelling Regulations 1996
2. The Food Labelling Regulations 1996[2] shall be amended in accordance with regulations 3 to 7 of these Regulations.

3. In regulation 2(1) (interpretation) there shall be inserted in the definition of "Directive 79/112" at the end the words "and Commission Directive 1999/10/EC[3] providing for derogations from the provisions of Article 7 of Council Directive 79/112/EEC as regards the labelling of foodstuffs".

4. In regulation 3(5) (exemptions) there shall be substituted for the words "and regulation 41" the words "and regulation 42(1)".

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.".
 

    " (3A) The other particulars for the purposes of paragraph (3) of this regulation are those specified in regulation 32 and, in the case of any food to which paragraph (1) of this regulation applies, the particulars specified in regulations 33 and 34 and the GMO particulars.".
 

    " (9) In any proceedings for an offence under regulation 44(1)(a), it shall be a defence to prove that-
 
(a) the food concerned was prepacked before 14th February 2000, and

(b) the matters constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3, 5(c) and (d) and 6 of the Food Labelling (Amendment) (No. 2) Regulations 1999 had not been made when the food was prepacked.".
 

Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food

21st May 1999
 
 

Signed by authority of the Secretary of State for Health:
 

Tessa Jowell
Minister of State for Public Health, Department of Health

24th May 1999
 
 

Signed by authority of the Secretary of State for Wales:
 

Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office

25th May 1999
 

Sewel
Parliamentary Under Secretary of State, Scottish Office

24th May 1999
 

These Regulations, which apply to Great Britain, amend the Food Labelling Regulations 1996, as amended ("the principal Regulations"). The Regulations implement Commission Directive 1999/10/EC providing for derogations from the provisions of Article 7 of Council Directive 79/112/EEC as regards the labelling of foodstuffs.

The principal Regulations require the quantity of certain ingredients or categories of ingredients of a food to be indicated (regulations 5(bA) and 19 of those Regulations). These Regulations-
 

(a) remove that obligation in the case of sweeteners, sugars, vitamins or minerals used in the preparation of a food in certain circumstances (regulation 5);

(b) provide some derogations from the existing method for calculating the quantity of ingredients or categories of ingredients (regulation 5);

(c) make a consequential amendment (regulation 3) and contain a transitional provision (regulation 7).
 

The Regulations also make a minor correction (regulation 4).

A Regulatory Impact Assessment has been prepared and placed in the Library of each House of Parliament. Copies may be obtained from the Food Labelling and Standards Division of the Ministry of Agriculture, Fisheries and Food, Ergon House, c/o Nobel House, 17 Smith Square, London SW1P 3JR.

[1] 1990 c. 16; "the Ministers" is defined in section 4(1) of the Act; section 6(4)(a) of the Act was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6.back

[2] S.I. 1996/1499, the relevant amending instruments are S.I. 1998/1398, 1999/747, 1136.back

[3] OJ No. L69, 16.3.1999, p. 22.back