2005 No. 2835 (W.200)
The Food Labelling (Amendment) (Wales) (No. 2) Regulations 2005
Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred by sections 16(1)(e) and (f), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990 F1 and now vested in it F2, having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council F3 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, makes the following Regulations:
Functions formerly exercisable by “the Secretary of State” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the Food Standards Act 1999 (1999 c. 28).
OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4).
Title, application and commencement1
The title of these Regulations is the Food Labelling (Amendment) (Wales) (No. 2) Regulations 2005; they apply in relation to Wales and come into force on 25 November 2005.
Amendment of the Food Labelling Regulations 19962
The Food Labelling Regulations 1996 F4 shall be amended (in so far as they apply in relation to Wales) in accordance with regulations 3 to 7.
3
In regulation 2(1)
(interpretation), in the definition of “Directive 2000/13”, for the words from “and Commission Directive 2002/67/EC” to the end there shall be substituted the words “
, Commission Directive 2002/67/ECF5 on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine and Commission Directive 2005/26/ECF6 establishing a list of food ingredients or substances provisionally excluded from Annex IIIa of Directive 2000/13/EC
”
.
4
In regulation 13(8)(c)
(order of list of ingredients) there shall be inserted at the end the words “
other than, until 25 November 2007, ingredients which originate from an allergenic ingredient and are listed in column 2 of
Schedule 2A in relation to that allergenic ingredient
”
.
5
In regulation 34B (foods containing allergenic ingredients or ingredients originating from allergenic ingredients)—
a
in paragraph (1) for the words “Subject to paragraph (2)” there shall be substituted the words “
Subject to paragraphs (2) and (3)
”
;
b
in paragraph (2)(b) there shall be inserted at the beginning the words “
subject to paragraph (3) of this regulation,
”
;
c
there shall be inserted at the end the following paragraph—
3
Paragraphs (1) and (2)(b) of this regulation shall not apply before 25th November 2007 as respects any ingredient which originates from an allergenic ingredient and is listed in column 2 of Schedule 2A in relation to that allergenic ingredient.
6
In regulation 50(12)(b)(iii)
(transitional provision) there shall be inserted after the number “12” the words “
(as read with regulation 5 of the Food Labelling (Amendment)
(Wales)
(No. 2) Regulations 2005)
”
.
7
After Schedule 2 (indications of treatment) there shall be inserted as Schedule 2A the contents of the Schedule to these Regulations.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 F7.
SCHEDULENEW SCHEDULE 2A TO BE INSERTED IN THE FOOD LABELLING REGULATIONS 1996
SCHEDULE 2ALIST OF INGREDIENTS WHICH ORIGINATE FROM ALLERGENIC INGREDIENTS AND IN RESPECT OF WHICH THE ALLERGEN LABELLING REQUIREMENTS DO NOT APPLY
Column 1
Column 2
Allergenic ingredient
Cereals containing gluten
Exempt ingredients originating from allergenic ingredient
Wheat based glucose syrups including dextrose1.
Wheat based maltodextrins1.
Eggs
Glucose syrups based on barley.
Cereals used in distillates for spirits.
Lysozym (produced from egg) used in wine.
Albumin (produced from egg) used as fining agent in wine and cider.
Fish
Fish gelatine used as carrier for vitamins and flavours.
Fish gelatine or Isinglass used as fining agent in beer, cider and wine.
Soybean
Fully refined soybean oil and fat1.
Natural mixed tocopherols (E306), natural D-alpha tocopherol, natural D-alpha tocopherol acetate, natural D-alpha tocopherol succinate from soybean sources.
Phytosterols and phytosterol esters derived from vegetable oils obtained from soybean sources.
Plant stanol ester produced from vegetable oil sterols from soybean sources.
Milk
Whey used in distillates for spirits.
Lactitol.
Milk (casein) products used as fining agents in cider and wines.
Nuts
Nuts used in distillates for spirits.
Almonds and walnuts used as flavour in spirits.
Celery
Celery leaf and seed oil.
Celery seed oleoresin.
Mustard
Mustard oil.
Mustard seed oil.
Mustard seed oleoresin.
- 1
Note
And their products, in so far as the process that they have undergone is not likely to increase the level of allergenicity assessed by the European Food Safety Authority for the relevant product from which they originated.
1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; section 53(2) was amended by Schedule 6 to the Food Standards Act 1999 (1999 c. 28) and S.I. 2004/2990.