Labelling of Food (Scotland) Regulations 1970
| Jurisdiction | UK Non-devolved |
| Citation | SI 1970/1127 |
| Year | 1970 |
1970 No. 1127 (S. 91)
FOOD AND DRUGS
The Labelling of Food (Scotland) Regulations 197023rdJuly 1970
10thAugust 1970
13thAugust 1970Remainder1stJanuary 1973
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY
1. Citation and commencement.
2. Interpretation.
3. "Appropriate designation".
4. Exemptions.
PART II
GENERAL REQUIREMENTS AS TO LABELLING AND ADVERTISEMENT OF FOOD
5. Labelling of pre-packed food for sale by retail.
6. Exemptions from regulation 5.
7. Labelling of exempted pre-packed food for sale by retail.
8. Labelling of pre-packed food for sale otherwise than by retail.
9. Labelling of food, other than pre-packed, for sale by retail.
10. Advertisement of food for sale from vending machines.
11. Labelling and advertisement of food as respects flavours.
PART III
SPECIAL REQUIREMENTS AS TO LABELLING AND ADVERTISEMENT OF CERTAIN FOODS
12. Acetic acid.
13. Chocolate confectionery containing intoxicating liquor.
14. Dried or dehydrated food.
15. Dry mixes.
16. Intoxicating liquor.
17. Intoxicating and other liquor.
18. Tenderised meat.
19. Processed peas.
20. Use of the words "milk", "butter" and "cream".
PART IV
CLAIMS
21. General, energy, calorie and protein claims.
22. Claims as to vitamins and minerals.
23. Slimming claims.
24. Slimming claims.
25. Diabetic claims.
26. Tonic, restorative and medicinal claims.
27. Averaging. Supplemental to regulations 21, 22, 24 and 26.
PART V
SUPPLEMENTAL
28. Manner of marking and labelling.
29. Use of trade marks.
PART VI
ADMINISTRATION AND LEGAL PROCEEDINGS
30. Enforcement.
31. Penalties.
32. Defences.
33. Application of various sections of the Act.
PART VII
AMENDMENTS AND REVOCATIONS
34. Amendment of the Labelling of Food Order 1953.
35. Revocations and transitional provisions.
SCHEDULES
Schedule 1. Appropriate designations of fish
Schedule 2. Foods partly exempt from regulation 5
Schedule 3. Part I. Foods required to be labelled when for sale by retail
otherwise than pre-packed
Part II. Foods exempt from a labelling requirement as to
permitted additives when for sale by retail otherwise
than pre-packed
Schedule 4. Vitamins and minerals
Schedule 5. Manner of marking or labelling.
Schedule 6. Orders and regulations revoked.
In exercise of the powers conferred upon me by sections 7 and 56 of the Food and Drugs (Scotland) Act 1956(a), and of all other powers enabling me in that behalf, and after consultation with such organisations as appear to me to be
(a) 1956 c. 30.
representative of interests substantially affected by these regulations and after reference to the Scottish Food Hygiene Council under section 25 of the said Act, I hereby make the following regulations:—
PART I
PRELIMINARY
Citation and commencement
1. These regulations may be cited as the Labelling of Food (Scotland) Regulations 1970, and shall come into operation as follows:—
(a) this regulation, regulations 2, 34 and 35 and Schedule 6 shall come into operation on 13th August 1970, and
(b) the remaining provisions of these regulations shall come into operation on 1st January 1973.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs (Scotland) Act 1956;
"appropriate designation" has the meaning assigned to it by regulation 3;
"artificial sweetening tablet" has the meaning assigned to it by the Artificial Sweeteners in Food (Scotland) Regulations 1969(a);
"biscuits" includes wafers, rusks, crispbreads, oatcakes, matzos and chocolate-coated, chocolate-filled or chocolate-flavoured biscuits;
"carbohydrate" means any neutral polyhydroxy alcohol containing carbon, hydrogen and oxygen in which the hydrogen and oxygen occur in the same proportion as in water, but does not include any polysaccharide which is not metabolised by man;
"chocolate confectionery" means any solid or semi-solid product complete in itself and suitable for consumption without further preparation or processing, of which the characteristic ingredient is chocolate or cocoa, with or without the addition of nuts or fruit; and includes any kind of chocolate and products made by enrobing, coating or embedding sugar confectionery or other ingredients in chocolate, but does not include chocolate-coated, chocolate-filled or chocolate-flavoured biscuits, flour confectionery, any kind of ice-cream including chocolate ice-cream, or pharmaceutical products;
"container" includes any form of packaging of food for sale as a single item, whether by way of wholly or partly enclosing the food or by way of attaching the food to some other article and in particular includes a wrapper or confining band, but does not include any crimp case used to support the base or the base and sides of flour confectionery, sugar confectionery or chocolate confectionery or any similar product partly or wholly encased in pastry if such a product has been subject to a baking or cooking process;
"fish" includes edible molluscs and crustacea;
"flavouring" includes flavouring essence and flavouring extract and means any product consisting of a flavouring agent and such other substances, if any, the use of which in food is not forbidden and which are reasonably necessary to produce a solid, a solution or an emulsion, but no other ingredient or ingredients;
(a) S.I. 1969/1848 (1969 III, p. 5782).
"flavouring agent" means any sapid or odorous substance capable of imparting and primarily intended to impart a specific and distinctive taste or odour to food, but does not include herbs, spices, onions, garlic, salt, fruit juices, soft drinks, fruit acids, acetic acid, any carbohydrate material, any purine derivative, any preparation of yeast, coffee or chicory or any substances prepared by the hydrolysis of protein-containing materials;
"flour confectionery" means any solid or semi-solid product complete in itself and suitable for consumption without further preparation or processing other than heating, of which the characteristic ingredient, apart from any filling, is ground cereal, whether or not flavoured, coated with or containing any carbohydrate sweetening matter, chocolate or cocoa; and includes shortbread, sponges, pastry, pastry cases, crumpets, muffins, macaroons, ratafias, meringues and petits fours, but does not include pharmaceutical products, bread, biscuits or any product containing a filling which has as an ingredient any meat or fish;
"food" means food intended for sale for human consumption and includes—
(a) cream, separated milk and any food containing milk, and
(b) drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products,
but does not include—
(i) water, live animals or birds, or
(ii) articles or substances used only as drugs;
"greatest dimension of container", in relation to a rectilinear or approximately rectilinear container, means the height, length or breadth thereof, whichever is the greatest, and in relation to a container with a curvilinear or approximately curvilinear cross-section, the height or maximum diameter thereof, whichever is the greater;
"human consumption" includes use in the preparation of food for human consumption;
"intoxicating liquor" means spirits, wine, beer, cider, perry and sweets and any fermented, distilled or spirituous liquor which cannot lawfully be sold without an excise licence;
"main ingredient" means an ingredient which comprises not less than 90 per cent. by weight of the food of which it is an ingredient;
"meal" means any collection of two or more foods of distinctly different kinds which is suitable for consumption as a complete meal and is packed as a meal in a container bearing a label on which there appears in a conspicuous position a clear and legible statement to the effect that it is a complete meal and which at the time of sale is ready for consumption without cooking, heating or other preparation; but does not include any meat product or canned meat product of a kind referred to in regulation 6(2)(c) of the Sausage and Other Meat Product (Scotland) Regulations 1967(a), as amended (b), or regulation 7(8)(c) of the Canned Meat Product (Scotland) Regulations 1967(c), as amended (d), as the case may be;
"meat" means the flesh including fat, rind, skin, gristle and sinew of any animal or bird intended for human consumption and includes cured meat
(a) S.I. 1967/1078 (1967 II, p.3186).
(b) S.I. 1968/139, 1969/327 (1968 I, p. 381; 1969 I, p. 936).
(c) S.I. 1967/1079 (1967 II, p. 3199).
(d) S.I.1969/326 (1969 I, p. 934).
and offal, but does not include fish, sausage, sausage meat, meat pie, pie filling, luncheon meat, meat roll or other meat products;
"mineral hydrocarbon" means any mineral hydrocarbon of a kind referred to in regulation 4(2) of the Mineral Hydrocarbons in Food (Scotland) Regulations 1966(a);
"permitted antioxidant" means any antioxidant inasmuch as its use in food is permitted by the Antioxidant in Food (Scotland) Regulations 1967(b);
"permitted artificial sweetener" means any artificial sweetener inasmuch as its use in food is permitted by the Artificial Sweeteners in Food (Scotland) Regulations 1969;
"permitted bleaching agent" means any bleaching agent inasmuch as its use in food is permitted by the Bread and Flour (Scotland) Regulations 1963(c);
"permitted colouring matter" means any colouring matter inasmuch as its use in food is permitted by the Colouring Matter in Food (Scotland) Regulations 1966(d);
"permitted emulsifier" means any emulsifier inasmuch as its use in food is permitted by the Emulsifiers and Stabilisers in Food (Scotland) Regulations 1962(e);
"permitted improving agent" means any improving agent inasmuch as its use in food is permitted by the Bread and Flour (Scotland) Regulations 1963;
"permitted preservative" means any preservative inasmuch as its use in food is permitted by the Preservatives in Food (Scotland) Regulations 1962(f), as amended (g);
"permitted solvent" means any...
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