Food Labelling (Amendment) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/747 |
| Year | 1999 |
1999 No. 747
FOOD
The Food Labelling (Amendment) Regulations 1999
Made 17th March 1999
Laid before Parliament 18th March 1999
Coming into force 19th March 1999
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, 18, 26(1) and (3) and 48(1) of the Food Safety Act 19901and 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) Regulations 1999 and shall come into force on 19th March 1999.
Amendment of the Food Labelling Regulations 1996
2. The Food Labelling Regulations 19962shall be amended in accordance with regulations 3 to 12 of these Regulations.
3. In regulation 2(1) (interpretation)–
(a) there shall be inserted after the definition of “food for a particular nutritional use” the following definition–
““the GMO particulars” means the additional specific labelling particulars required by Article 2(3) of Regulation 1139/98;”;
(b) there shall be inserted after the definition of “recommended daily allowance” the following definition–
““Regulation 1139/98” means Council Regulation (EC) No. 1139/983(as corrected4) concerning the compulsory indication, on the labelling of certain foodstuffs produced from genetically modified organisms, of particulars other than those provided for in Directive 79/112/EEC;”.
4. In regulation 3(1)(iv) (exemptions), there shall be substituted for the words “and Directive 94/54” the words “, Directive 94/54 and Regulation 1139/98”.
5. In regulation 26 (small packages and certain indelibly marked bottles)–
(a) in paragraph (1) there shall be substituted for the words from “by virtue of” to the end the words
“–
(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) there shall be substituted for the words “particulars specified in regulations 32, 33 and 34” the words “other particulars mentioned in paragraph (3A) of this regulation”;
(c) after paragraph (3) there shall be inserted the following paragraph–
“3A The other particulars for the purposes of paragraph (3) of this regulation are those specified in regulations 32, 33 and 34 and, in the case of any food to which paragraph (1) of this regulation applies, the GMO particulars.”.
6. In regulation 35 (general requirement as to manner of marking or labelling), there shall be inserted after the words “by these Regulations” the words “or by Regulation 1139/98”.
7. In regulation 36 (manner of marking or labelling in the case of food to which regulation 23 or 27 applies)–
(a) in paragraph (1)–
(i) there shall be inserted after the words “by these Regulations” the words “or by Regulation 1139/98”;
(ii) there shall be inserted after the words “paragraph (2)” the words “or (4A)”;
(b) in paragraph (2) there shall be inserted after the words “use of alternative labelling” the words “relating to irradiation”;
(c) there shall be inserted after paragraph (4) the following paragraphs–
“4A In any case where food–
(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) of this regulation.
4B Alternative particulars are displayed in accordance with this paragraph in relation to any food referred to in paragraph (4A) of this regulation if there appears on a menu, notice, ticket or label which is readily discernible by an intending purchaser and which is located...
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