Statutory Rule 1998 No. 253

      Food Labelling (Amendment) Regulations (Northern Ireland) 1998


      © Crown Copyright 1998

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Rules of Northern Ireland does not extend to the Royal Arms and the Government Printer for Northern Ireland imprints.

      The text of this Internet version of the Statutory Rule has been prepared to reflect the text as it was Made. The authoritative version is the Government Printer for Northern Ireland copy published by The Stationery Office Limited as the Food Labelling (Amendment) Regulations (Northern Ireland) 1998 , ISBN 0 33 793207 7. Purchase this item.For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


STATUTORY RULES OF NORTHERN IRELAND


1998 No. 253

FOOD

Food Labelling (Amendment) Regulations (Northern Ireland) 1998

  Made 21st July 1998 
  Coming into operation 7th September 1998 

The Department of Health and Social Services and the Department of Agriculture being the Departments concerned[1] in exercise of the powers conferred on them by Articles 15(1)(e) and (f), 16(1), 25(1) and (3), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991[2] and of all other powers enabling them in that behalf and after consultation in accordance with Article 47(3) of that Order with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations, hereby make the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Food Labelling (Amendment) Regulations (Northern Ireland) 1998 and shall come into operation on 7th September 1998.

Amendment of the Food Labelling Regulations (Northern Ireland) 1996
    
2. The Food Labelling Regulations (Northern Ireland) 1996[3] shall be amended in accordance with regulations 3 to 16.

     3. In regulation 2(1) (interpretation) after the definition of "confectionery product" there shall be inserted - 

      "Directive 87/250" means Commission Directive 87/250/EEC[5] on the indication of alcoholic strength by volume in the labelling of alcoholic beverages for sale to the ultimate consumer;

      "Directive 89/398" means Council Directive 89/398/EEC[6] on the approximation of the laws of the member States relating to foodstuffs intended for particular nutritional uses;

      "Directive 90/496" means Council Directive 90/496/EEC[7] on nutrition labelling for foodstuffs;

      "Directive 94/54" means Commission Directive 94/54/EEC[8] concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 79/112, as amended by Council Directive 96/21/EC[9];".

     4. In regulation 3 (exemptions) for paragraph (1) there shall be substituted - 

     5. In regulation 4(2) (scope of Part II) in sub-paragraph (l) for the words from "Council Regulation" to the end there shall be substituted "Council Regulation (EC) No. 2200/96[10] on the common organisation of the market in fruit and vegetables".

     6. In regulation 5 (general labelling requirement) there shall be inserted after paragraph (b) - 

     7. In regulation 6 (name prescribed by law) - 

     8. In regulation 18(1) (foods which need not bear a list of ingredients) - 

     9. There shall be substituted for regulation 19 (ingredients given special emphasis: indication of minimum or maximum percentage of ingredients) the following regulation - 

     10. In regulation 42 (misleading descriptions) there shall be inserted after paragraph (3) - 

     11. In regulation 47 (defence in relation to exports) there shall be substituted for paragraph (b) - 

     12. In regulation 50 (transitional provision) - 

     13. There shall be inserted immediately before Schedule 1 the Schedule to these Regulations.

    
14. In Schedule 3 (generic names in list of ingredients) in the entry relating to starch there shall be inserted in column 3 (conditions of use of generic name) - 

     15. In Schedule 4 (categories of additives which must be identified in a list of ingredients by their category name) in note 2 there shall be inserted at the end - 

     16. In Part II of Schedule 6 (restricted claims), in the entry relating to reduced or low energy value claims there shall be inserted in column 2 (conditions) after paragraph 2 the following paragraph - 

Other amendments
    
17.  - (1) In the Jam and Similar Products Regulations (Northern Ireland) 1982[12] after regulation 21 there shall be inserted  - 

    (2) In the Meat Products and Spreadable Fish Products Regulations (Northern Ireland) 1984[13] after regulation 21 there shall be inserted - 

    (3) In the Food Safety (Temperature Control) Regulations (Northern Ireland) 1995[14], in regulation 2(1) (interpretation) there shall be inserted in the definition of "shelf life" after paragraph (b) the following paragraph - 

      " (c) in relation to food which is not required to bear an indication of minimum durability or a "use by" date, the period for which the food can be expected to remain fit for sale if it is kept in a manner which is consistent with food safety;".



Sealed with the Official Seal of the Department of Health and Social Services on

L.S.


J. R. Kearney
Assistant Secretary

21st July 1998.



Sealed with the Official Seal of the Department of Agriculture on

L.S.


Liam McKibben
Assistant Secretary

21st July 1998.



SCHEDULE
Regulation 13


Containing New Schedule A1 to the Food Labelling Regulations (Northern Ireland) 1996






EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations amend the Food Labelling Regulations (Northern Ireland) 1996 ("the principal Regulations"). The Regulations implement European Parliament and Council Directive 97/4/EC amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. This Directive is commonly known as "QUID".

In implementation of QUID, the Regulations - 

    (a) require the quantity of certain ingredients or categories of ingredients of a food to be indicated (regulations 6 and 9);

    (b) clarify that where a name of a food is prescribed by European Community law, that name must be used as the name of the food (regulation 7); and require food brought into Northern Ireland in certain circumstances from a member State or an EEA State to comply with detailed rules as to the name of the food (regulations 3, 4 and 13 and the Schedule);

    (c) provide that food consisting of a single ingredient is exempt from the need to bear a list of ingredients only in certain cases (regulation 8);

    (d) require the name "starch" or "modified starch" included in an ingredient list to be accompanied by an indication of its specific vegetable origin if the starch or modified starch may contain gluten (regulations 14 and 15);

    (e) include a transitional provision (regulation 12(b));

    (f) make some consequential amendments (regulation 17(1) and (2)).

The Regulations also - 

    (a) adjust the exemption in the principal Regulations for food brought into Northern Ireland in certain circumstances from another member State or EEA State, in particular so as to require such food to comply with Articles 2, 3 and 4(2) of Directive 79/112/EEC (regulation 4);

    (b) adjust the rule for calculating the percentage of milk fat in any cream for the purposes of regulation 42(3) of the principal Regulations (regulation 10);

    (c) update the defence in relation to exports (regulations 3, 11 and 13 and the Schedule);

    (d) require food to be marked or labelled with the prescribed nutrition labelling if reduced or low energy claims are made (regulation 16);

    (e) make some drafting corrections (regulations 12(a) and 17(3)) and update a cross-reference (regulation 5).


Notes:

[1] See Article 2(2) of S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) for the definitions of "the Department concerned" and "regulations" and with respect to the powers conferred on each Department jointly by virtue of those definitionsback

[2] S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12)back

[3] S.R. 1996 No. 383back

[4] O.J. No. L33, 8.2.79, p. 1back

[5] O.J. No. L113, 30.4.87, p. 57back

[6] O.J. No. L186, 30.6.89, p. 27back

[7] O.J. No. L276, 6.10.90, p. 40back

[8] O.J. No. L300, 23.11.94, p. 14back

[9] O.J. No. L88, 5.4.96, p. 5back

[10] O.J. No. L297, 2.11.96, p. 1back

[11] O.J. No. L43, 14.2.97, p. 21back

[12] S.R. 1982 No. 105; relevant amending Regulations are S.R. 1982 No. 398, S.R. 1990 No. 388, S.R. 1991 No. 344 and S.R. 1996 No. 383back

[13] S.R. 1984 No. 408; relevant amending Regulations are S.R. 1986 No. 227, S.R. 1991 No. 344 and S.R. 1996 No. 383back

[14] S.R. 1995 No. 377; relevant amending Regulations are S.R. 1996 No. 383back



ISBN 0 337 93207 7


 


We welcome your comments on this site
© Crown copyright 1998
Prepared 24 August 1998