(a) by virtue of these Regulations be marked or labelled with - 


(i) any of the particulars specified in regulation 5 except the name of the food and, unless the food is not required to be marked or labelled with such an indication, the appropriate durability indication, or

(ii) any of the particulars specified in regulations 33 and 34, where but for this regulation they would otherwise be required, or



(b) be marked or labelled with the GMO particulars, where but for this regulation they would otherwise be required.";

(b) in paragraph (3), for "particulars specified in regulations 32, 33 and 34" there shall be substituted "other particulars mentioned in paragraph (3A)";

(c) after paragraph (3) there shall be inserted - 

(i) after "by these Regulations" there shall be inserted "or by Regulation 1139/98";

(ii) after "paragraph (2)" there shall be inserted "or (4A)";

(b) in paragraph (2), after "use of alternative labelling" there shall be inserted "relating to irradiation";

(c) after paragraph (4) there shall be inserted - 

(a) is food to which the labelling requirements of Regulation 1139/98 apply;

(b) is - 


(i) not prepacked, or

(ii) prepacked for direct sale, and



(c) is sold to the ultimate consumer at appropriate premises,

use of alternative labelling in place of the GMO particulars shall not alone be treated as a contravention of those labelling requirements and for this purpose alternative labelling is used where, instead of the particulars referred to in Article 2(3) of that Regulation appearing in the manner specified in paragraph (1)(a) or (b) of this regulation, alternative particulars are displayed in accordance with paragraph (4B).

    (4B) Alternative particulars are displayed in accordance with this paragraph in relation to any food referred to in paragraph (4A) if there appears on a menu, notice, ticket or label which is readily discernible by an intending purchaser and which is located at the place at the premises where he chooses that food, indications to the effect that some of the food sold at those premises contains ingredients produced from genetically modified soya beans or maize, or both, as the case may be, and that further information is available from the staff.

    (4C) In paragraph (4A)(c) "appropriate premises" means premises where - 

(a) the staff provide clarification at the request of an intending purchaser as to whether particular food sold at those premises, other than food falling within Article 1(2) or 2(2) of Regulation 1139/98, is produced in whole or in part from a genetically modified product referred to in Article 1(1) of that Regulation, and

(b) there is an established procedure at those premises for keeping staff informed of that information.".

(e) being a person other than whichever of - 


(i) the manufacturer,

(ii) the packer, or

(iii) the seller established within the European Community,



who was originally responsible for so marking the food, removes or alters the appropriate durability indication relating to that food, or

(f) sells any food to which the labelling requirements of Regulation 1139/98 apply which is not marked or labelled with the GMO particulars, except in the case of any food to which regulation 36(4A) applies and in respect of which alternative particulars are displayed in accordance with regulation 36(4B),

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.".

(a) Articles 2(4) and 3 (extended meaning of "sale" etc.);

(b) Article 4 (presumptions that food intended for human consumption);

(c) Article 19 (offence due to fault of another person);

(d) Article 20 (defence of due diligence) as it applies for the purposes of Article 7, 13 or 14;

(e) Article 21 (defence of publication in the course of business);

(f) Article 30(8) (which relates to documentary evidence);

(g) Article 34 (obstruction, etc., of officers).

    (2) In the application of Article 33 of the Order (powers of entry) for the purposes of these Regulations, the reference in paragraph (1)(a) of that Article to the Order shall be construed as including a reference to Regulation 1139/98.

    (3) The penalty provisions in Article 36(1) of the Order (punishment of offences) shall apply in relation to an offence under Article 34(1) of the Order as applied by these Regulations, and the penalty provisions in Article 36(2) and (3) of the Order shall apply in relation to an offence under Article 34(2) of the Order as applied by these Regulations.".

(a) regulation 44(a), as read with regulation 36 or 38, in relation to the particulars with which food is required to be marked or labelled by Regulation 1139/98, and

(b) regulation 44(f).

    (6) In any proceedings for an offence in relation to any relevant food under - 

(a) regulation 44(a), as read with regulation 36 or 38, in relation to the particulars with which food is required to be marked or labelled by Regulation 1139/98, and

(b) regulation 44(f),

it shall be a defence to prove that the food was prepared using an ingredient which was on sale before 1st September 1998.

    (7) For the purposes of paragraphs (5) and (6), "relevant food" means food which - 

(a) is sold to the ultimate consumer, and

(b) is - 


(i) not prepacked, or

(ii) prepacked for direct sale.".