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STATUTORY RULES OF NORTHERN IRELAND
2005 No. 396
FOOD
The Food Labelling (Amendment No. 2) Regulations (Northern Ireland) 2005
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Made |
15th August 2005 | |
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Coming into operation |
25th November 2005 | |
The Department of Health, Social Services and Public Safety[1], in exercise of the powers conferred it by Articles 15(1)(e) and (f), 16(1), 25(1) and (3) and 47(2) of the Food Safety (Northern Ireland) Order 1991[2] and of all other powers enabling it in that behalf, having had regard in accordance with Article 47(3A) of the said Order 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[3] 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, hereby makes the following Regulations:
Citation and commencement
1.
These Regulations may be cited as the Food Labelling (Amendment No. 2) Regulations (Northern Ireland) 2005; and shall come into operation on 25th November 2005.
Amendment of the Food Labelling Regulations (Northern Ireland) 1996
2.
The Food Labelling Regulations (Northern Ireland)1996[4] shall be amended in accordance with regulations 3 to 7.
3.
In regulation 2(1) (interpretation), in the definition of "Directive 2000/13", from "and Commission Directive 2002/67/EC" to the end there shall be substituted ", Commission Directive 2002/67/EC[5] on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine and Commission Directive 2005/26/EC[6] 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 "other than, until 25th 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 "Subject to paragraph (2)" there shall be substituted "Subject to paragraphs (2) and (3)";
(b) in paragraph (2)(b) there shall be inserted at the beginning "subject to paragraph (3) of this regulation,";
(c) there shall be inserted at the end the following —
"
(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" "(as read with regulation 5 of the Food Labelling (Amendment No. 2) Regulations (Northern Ireland) 2005)".
7.
After Schedule 2 (indications of treatment) there shall be inserted as Schedule 2A the contents of the Schedule to these Regulations.
Sealed with the official Seal of the Department of Health, Social Services and Public Safety on
15th August 2005
L.S.
Dr McCormick
A senior officer of the Department of Health, Social Services and Public Safety
SCHEDULERegulation 7
NEW SCHEDULE 2A TO BE INSERTED IN THE FOOD LABELLING REGULATIONS 1996
"
SCHEDULE 2ARegulations 13(8)(c) and 34B(3)
LIST OF INGREDIENTS WHICH ORIGINATE FROM ALLERGENIC INGREDIENTS AND IN RESPECT OF WHICH THE ALLERGEN LABELLING REQUIREMENTS DO NOT APPLY
Column 1
Allergenic ingredient
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Column 2
Exempt ingredients originating from allergenic ingredient
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Cereals containing gluten |
Wheat based glucose syrups including dextrose¹.
Wheat based maltodextrins¹.
Glucose syrups based on barley.
Cereals used in distillates for spirits.
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Eggs |
Lysozym (produced from egg) used in wine.
Albumin (produced from egg) used as fining agent in wine and cider.
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Fish |
Fish gelatine used as carrier for vitamins and flavours.
Fish gelatine or Isinglass used as fining agent in beer, cider and wine.
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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.
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Milk |
Whey used in distillates for spirits.Lactitol.
Milk (casein) products used as fining agents in cider and wines.
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Nuts |
Nuts used in distillates for spirits.
Almonds and walnuts used as flavour in spirits.
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Celery |
Celery leaf and seed oil.
Celery seed oleoresin.
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Mustard |
Mustard oil.
Mustard seed oil.
Mustard seed oleoresin.
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Note
¹ 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"
EXPLANATORY NOTE
(This note is not part of the Regulation)
1.
These Regulations further amend the Food Labelling Regulations (Northern Ireland) 1996. These Regulations implement in Northern Ireland Commission Directive 2005/26/EC establishing a list of food ingredients or substances provisionally excluded from Annex IIIa of Directive 2000/13/EC of the European Parliament and of the Council (OJ No. L75, 22.3.2005, p.33).
2.
These Regulations —
(a) confer an exemption until 25th November 2007 from the allergen labelling requirements in regulation 34B of the principal Regulations in the case of certain ingredients originating from allergenic ingredients (regulations 5 and 7 and Schedule);
(b) make some consequential amendments (regulations 4 and 6) and update the definition of "Directive 2000/13" (regulation 3).
Notes:
[1]
Formerly the Department of Health and Social Services see S.I. 1999/283 (N.I.) Article 3back
[2]
S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12) and paragraphs 26 to 42 of Schedule 5 & Schedule 6 to the Food Standards Act 1999 c.28, S.R. 1999 No.438 and S.R. 2004 No.482back
[3]
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, 29.9.2002 p.4)back
[4]
S.R. 1996 No 383, the relevant amending Regulations are S.R.1998 Nos. 253 and 359, S.R. 1999 Nos. 143 and 286, S.R. 2000 Nos. 189 and 303, S.R. 2003 No. 448 and S.R. 2004 No.469back
[5]
OJ No. L191, 19.7.2002, p.20back
[6]
OJ No. L75, 22.3.2005, p.33back
ISBN
0 337 96142 5
| © Crown copyright 2005 |
Prepared
2 September 2005
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