Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd July, 2016.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Implementing Regulation (EU) No. 828/2014 of 30 July 2014¹ , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Union (Provision of Food Information to Consumers) (Amendment) Regulations 2016.

(2) The Principal Regulations and these Regulations may be cited together as the European Union (Provision of Food Information to Consumers) Regulations 2014 and 2016.

(3) These Regulations come into operation on 20 July 2016.

2. In these Regulations “Principal Regulations” means the European Union (Provision of Food Information to Consumers) Regulations 2014 ( S.I. No. 556 of 2014 ).

3. The Principal Regulations are amended—

(a) in Regulation 2-

(i) in paragraph (1), by inserting after the definition of “EU Regulation” the following definition—

“‘EU Regulation 828/2014’ means Commission Implementing Regulation (EU) No. 828/2014 of 30 July 2014¹;”, and

(ii) by substituting for paragraph 2(2) the following—

“(2) A word or expression which is used in these Regulations and which is also used in the EU Regulation, EU Regulation 828/2014 or in the General Food Law Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the EU Regulation, EU Regulation 828/2014 or in the General Food Law Regulation.”, and

(b) in Regulation 13, by inserting after paragraph (2) the following paragraphs:

“(3) Subject to paragraph (4), a food business operator is guilty of an offence where the food business operator provides food information on a voluntary basis to consumers on the absence or reduced presence of gluten in food and such information does not comply with the requirements of Article 3 of EU Regulation 828/2014.

(4) A food business operator is guilty of an offence where the food business operator provides food information on a voluntary basis to consumers on the absence or reduced presence of gluten in infant formulae and follow-on formulae as defined in Directive 2006/141/EC of 22 December 2006² .”.

GIVEN under my Official Seal,

18 July 2016.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations give effect to Commission Implementing Regulation (EU) No. 828/2014 of 30 July 2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food.

These Regulations amend the European Union (Provision of Food Information to Consumers) Regulations 2014 ( S.I. No. 556 of 2014 ) in the manner specified in these Regulations.

These Regulations may be cited as the European Union (Provision of Food Information to Consumers) (Amendment) Regulations 2016.

1 OJ No. L 228, 31.7.2014, p. 5.

2 OJ No. L 401, 30.12.2006, p. 1.