The Food Labelling (Declaration of Allergens) (Scotland) Regulations 2008

Type Scottish-Statutory-Instrument
Publication 2008-05-08
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
Reform history JSON API PDF

Made: 8th May 2008

Laid before the Scottish Parliament: 9th May 2008

Coming into force: 31st May 2008

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Citation, commencement and extent

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Food Labelling Regulations 1996

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE — Content to be inserted as Schedule AA1 to the Food Labelling Regulations 1996

(1) The exception only applies to products derived from these products in so far as the process 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. (1) The exception only applies to products derived from these products in so far as the process 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.
1. Cereals containing gluten (i.e. wheat, rye, barley, oats, spelt, kamut or their hybridised strains),
except:
a wheat based glucose syrups including dextrose[^f01000];
b wheat based maltodextrins[^f01000];
c glucose syrups based on barley; and
d cereals used for making distillates or ethyl alcohol of agricultural origin for spirit drinks and other alcoholic beverages.
2. Crustaceans.
3. Eggs.
4. Fish,
except:
a fish gelatine used as a carrier for vitamin or carotenoid preparations; and
b fish gelatine or Isinglass used as a fining agent in beer and wine.
5. Peanuts.
6. Soybeans,
except:
a fully refined soybean oil and fat[^f01000];
b natural mixed tocopherols (E306), natural D-alpha tocopherol, natural D-alpha tocopherol acetate, natural D-alpha tocopherol succinate from soybean sources;
c vegetable oils derived phytosterols and phytosterol esters from soybean sources; and
d plant stanol ester produced from vegetable oil sterols from soybean sources.
7. Milk (including lactose),
except:
a whey used for making distillates or ethyl alcohol of agricultural origin for spirit drinks and other alcoholic beverages; and
b lactitol.
8. Nuts, i.e. almonds (Amygdalus communis L.), hazelnuts (Corylus avellana), walnuts (Juglans regia), cashews (Anacardium occidentale), pecan nuts (Carya illinoiesis (Wangenh.) K. Koch), Brazil nuts (Bertholletia excelsa), pistachio nuts (Pistacia vera), macadamia nuts and Queensland nuts (Macadamia ternifolia),
except:
nuts used for making distillates or ethyl alcohol of agricultural origin for spirit drinks and other alcoholic beverages.
9. Celery.
10. Mustard.
11. Sesame seeds.
12. Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre expressed as SO₂.
13. Lupin.
14. Molluscs.

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 8th May 2008

Explanatory note

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Footnotes

[^f00001]: 1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; sections 16(1) and 48(1) were amended by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), Schedule 5, paragraph 8; section 17(1) was amended by the 1999 Act, Schedule 5, paragraphs 8 and 12; section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C), inserted by S.I. 2004/2990; amendments made by Schedule 5 to the 1999 Act shall be taken as pre commencement enactments for the purposes of the Scotland Act 1998 (c. 46) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 48). Insofar as not so transferred and in so far as relating to food (including drink) including the primary production of food, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).

[^f00002]: Section 48(4A) was inserted by the 1999 Act, section 40(1) and Schedule 5, paragraph 21.

[^f00003]: O.J. No. L 31, 1.2.02, p.1, as amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4), Commission Regulation (EC) No. 575/2006 (O.J. No. L 100, 7.4.06, p.3) and Commission Regulation (EC) No. 202/2008 (O.J. No. L 60, 5.3.08, p.17).

[^f00004]: S.I. 1996/1499; relevantly amended by S.I. 1998/1398, 1999/747, 1136 and 1483 and S.S.I. 2000/83, 2002/524, 2003/578, 2004/395 and 472, 2005/456 and 222 and 2007/534.

[^f00005]: O.J. No. L 310, 28.11.07, p.11.

[^f00006]: S.I. 2008/ 180 .

[^f00007]: S.S.I. 2004/472.

[^f00008]: S.S.I. 2005/542.

[^f00009]: S.S.I. 2007/534.

Editorial notes

[^key-303b5b2061d1d7a6ceb1e3e823ad01d0]: Regulations revoked (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 4 Pt. 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.