The Food Labelling Regulations 1996

• (1) Subject to the following provisions of this regulation, the word “wine” may be used in a composite name in the labelling or advertising of food for a drink which is not wine as defined in Annex I to Council Regulation (EEC) No. 822/87.

• (2) The word “wine” shall not be used pursuant to paragraph (1) of this regulation as part of a composite name which is likely to cause confusion with wine or table wine as defined in Annex I to Council Regulation (EEC) No. 822/87.

• (3) Each word that forms part of a composite name used pursuant to paragraph (1) of this regulation must appear in lettering of the same type and colour and of such a height that the composite name is clearly distinguishable from other particulars.

• (4) The composite name “non-alcoholic wine” shall not be used pursuant to paragraph (1) of this regulation, except for a drink derived from unfermented grape juice which is intended exclusively for communion or sacramental use and which is described clearly in its labelling or advertising, as the case may be, as being exclusively for such use.

• (5) When the word “wine” is used in a composite name for a drink which is derived from fruit other than grapes, that drink shall be obtained by an alcoholic fermentation of that fruit.

PART IV — OFFENCES AND LEGAL PROCEEDINGS

Offences and penalties

44

• (1) If any person—

• (a) sells any food which is not marked or labelled in accordance with the provisions of Part II of these Regulations, or

• (b) sells or advertises for sale any food in respect of which a claim is made, nutrition labelling is given or a description or a name is used in contravention of the provisions of Part III of these Regulations, or

• (c) sells any food from a vending machine in contravention of regulation 29, or

• (d) sells any food after the date shown in a “use by” date relating to it, or

• (e) being a person other than whichever of—

• (i) the manufacturer,

• (ii) the packer, or

• (iii) the seller established within the European Community,

was originally responsible for so marking the food, removes or alters the appropriate durability indication relating to that food,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (2) Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

Enforcement

45

• (1) Subject to paragraph (2) of this regulation, each food authority shall enforce and execute these Regulations in its area.

• (2) Each port health authority shall enforce and execute these Regulations in its district in relation to imported food.

• (3) In this regulation “food authority” does not include—

• (a) the council of a district in a non-metropolitan county in England except—

• (i) where the county functions have been transferred to that council pursuant to a structural change; or

• (ii) in relation to regulations 44(1)(d) and 44(1)(e);

• (b) the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).

Defence in case of alteration of appropriate durability indication

46

In any proceedings for an offence under regulation 44(1)(e) it shall be a defence for the person charged to prove that each removal or alteration in respect of which the offence is alleged was effected under the written authorisation of a person capable of effecting that removal or alteration without contravention of that provision.

Defence in relation to exports

47

In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove—

• (a) that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that it complies with that legislation; and

• (b) that the legislation complies with the provisions of Council Directive 79/112/EEC[^f00053] on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended[^f00054], in the case of export to an EEA State.

Application of various sections of the Food Safety Act 1990

48

The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations—

• section 2 (extended meaning of “sale” etc.);

• section 3 (presumption that food is intended for human consumption);

• section 20 (offences due to fault of another person);

• section 21 (defence of due diligence);

• section 22 (defence of publication in the course of business);

• section 30(8) (which relates to documentary evidence);

• section 33 (obstruction, etc. of officers);

• section 36 (offences by bodies corporate);

• section 44 (protection of officers acting in food faith).

PART V — REVOCATIONS, AMENDMENTS AND TRANSITIONAL PROVISION

Revocations and amendments

49

• (1) The Regulations specified in Columns 1 and 2 of Schedule 9 shall be revoked to the extent specified in Column 3 of that Schedule.

• (2) In the Specified Sugar Products Regulations 1976[^f00055], in paragraph (1) of regulation 2 (interpretation), for the definition of “sugar confectionery” there shall be substituted the following definition—

• “sugar confectionery” means any food which is ready for consumption without further preparation, of which a characterising ingredient is carbohydrate sweetening matter, and includes sweetened liquorice and chewing gum, but does not include any chocolate confectionery, chocolate products, cocoa products, flour confectionery, edible ice, table jellies, slab marzipan or sugar;

• (3) In the Specified Sugar Products (Scotland) Regulations 1976[^f00056], in paragraph (1) of regulation 2 (interpretation), for the definition of “sugar confectionery” there shall be substituted the following definition—

• “sugar confectionery” means any food which is ready for consumption without further preparation, of which a characterising ingredient is carbohydrate sweetening matter, and includes sweetened liquorice and chewing gum, but does not include any chocolate confectionery, chocolate products, cocoa products, flour confectionery, edible ice, table jellies, slab marzipan or sugar;

• (4) In paragraph 2(c) of regulation 7 (declaration of the presence of certain ingredients in chocolate products) of both—

• (a) the Cocoa and Chocolate Products Regulations 1976[^f00057], for the words “regulation 22 of the Labelling of Food Regulations 1970, as amended”, and

• (b) the Cocoa and Chocolate Products (Scotland) Regulations 1976[^f00058], for the words “regulation 22 of the Labelling of Food (Scotland) Regulations 1970, as amended”,

there shall be substituted the words “regulations 40 and 41 of, as read with items 4 and 5 of Part II of Schedule 6 to, the Food Labelling Regulations 1996”.

• (5) In both the Fruit Juices and Fruit Nectars Regulations 1977[^f00059] (hereinafter in this paragraph referred to as “the English and Welsh Regulations”) and the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977[^f00060] (hereinafter in this paragraph referred to as “the Scottish Regulations”)—

• (a) in—

• (i) paragraph (1) of regulation 2 (interpretation), in the definition of “ultimate consumer”, and

• (ii) paragraph (9) of regulation 7 (miscellaneous labelling),

for the words “Food Labelling Regulations 1984” in the English and Welsh Regulations, and the words “Food Labelling (Scotland) Regulations 1984” in the Scottish Regulations, there shall be substituted the words “Food Labelling Regulations 1996”;

• (b) in—

• (i) paragraph (1) of regulation 4 (name of the food),

• (ii) regulation 6 (list of ingredients), and

• (iii) paragraph (7)(b)(iii) of regulation 7,

for the words “Food Labelling Regulations 1980” in the English and Welsh Regulations, and the words “Food Labelling (Scotland) Regulations 1981” in the Scottish Regulations, there shall be substituted the words “Food Labelling Regulations 1996”;

• (c) in paragraph (8) of regulation 7, for sub-paragraph (d) there shall be substituted the following sub-paragraph—

(d) food to which regulation 27 of the Food Labelling Regulations 1996 (which relates to certain food sold at catering establishments) applies.

, and

• (d) in regulation 8 (manner of marking or labelling)—

• (i) for the words “Regulation 31 to 33 of the Food Labelling Regulations 1980” at the beginning of that regulation, and the words “Food Labelling Regulations 1980” at the end of that regulation, in the English and Welsh Regulations, and

• (ii) for the words “Regulation 31 to 33 of the Food Labelling (Scotland) Regulations 1981” at the beginning of that regulation, and the words “Food Labelling (Scotland) Regulations 1981” at the end of that regulation, in the Scottish Regulations,

there shall be substituted, at the beginning of that regulation, the words “Regulations 35, 36 and 38 of the Food Labelling Regulations 1996” and, at the end of that regulation, the words “Food Labelling Regulations 1996”.

• (6) In both the Condensed Milk and Dried Milk Regulations 1977[^f00061] (hereinafter in this paragraph referred to as “the English and Welsh Regulations”) and the Condensed Milk and Dried Milk (Scotland) Regulations 1977[^f00062] (hereinafter in this paragraph referred to as “the Scottish Regulations”)—

• (a) in paragraph (1) of regulation 5 (labelling and description of condensed milk and dried milk products for retail sale)—

• (i) for the words “Food Labelling Regulations 1984” in the first place that they occur, and, in sub-paragraph (a), for the words “regulation 7(1) of the Food Labelling Regulations 1984”, in the English and Welsh Regulations, and

• (ii) for the words “Food Labelling (Scotland) Regulations 1984” in the first place that they occur, and, in sub-paragraph (a), for the words “regulation 7(1) of the Food Labelling (Scotland) Regulations 1984”, in the Scottish Regulations,

there shall be substituted, in the said first place, the words “Food Labelling Regulations 1996” and, in sub-paragraph (a), the words “regulation 6(1) of the Food Labelling Regulations 1996”;

• (b) in paragraph (1) of regulation 6 (manner of marking or labelling for retail sale)—

• (i) for the words “Regulations 32(1) and 34(1) and (2) of the Food Labelling Regulations 1984” at the beginning of that paragraph, and the words “Food Labelling Regulations 1984” at the end of that paragraph, in the English and Welsh Regulations, and

• (ii) for the words “Regulations 32(1) and 34(1) and (2) of the Food Labelling (Scotland) Regulations 1984” at the beginning of that paragraph, and the words “Food Labelling (Scotland) Regulations 1984” at the end of that paragraph, in the Scottish Regulations.

there shall be substituted, at the beginning of that paragraph, the words “Regulations 35 and 38 of the Food Labelling Regulations 1996” and, at the end of that paragraph, the words “Food Labelling Regulations 1996”, and

• (c) in paragraph (2) of regulation 6, for the words “regulation 21 of the Food Labelling Regulations 1984” in the English and Welsh Regulations and the words “regulation 21 of the Food Labelling (Scotland) Regulations 1984” in the Scottish Regulations there shall be substituted the words “regulation 20 of the Food Labelling Regulations 1996”.

• (7) In both the Coffee and Coffee Products Regulations 1978[^f00063] (hereinafter in this paragraph referred to as “the English and Welsh Regulations”) and the Coffee and Coffee Products (Scotland) Regulations 1979[^f00064] (hereinafter in this paragraph referred to as “the Scottish Regulations”)—

• (a) in paragraph (1) of regulation 5 (labelling and description of designated products for retail sale)—

• (i) for the words “Food Labelling Regulations 1984” in the first and last places that they occur, and, in sub-paragraph (a), for the words “regulation 7(1) of the Food Labelling Regulations 1984”, in the English and Welsh Regulations, and

• (ii) for the words “Food Labelling (Scotland) Regulations 1984” in the first and last places that they occur, and, in sub-paragraph (a), for the words “regulation 7(1) of the Food Labelling (Scotland) Regulations 1984”, in the Scottish Regulations,

there shall be substituted, in the said first and last places, the words “Food Labelling Regulations 1996” and, in sub-paragraph (a), the words “regulation 6(1) of the Food Labelling Regulations 1996”;

• (b) in paragraph (1) of regulation 6 (manner of marking or labelling)—

• (i) for the words “Regulations 32(1) and 34(1) and (2) of the Food Labelling Regulations 1984” at the beginning of that paragraph, and the words “Food Labelling Regulations 1984” at the end of that paragraph, in the English and Welsh Regulations, and

• (ii) for the words “Regulations 32(1) and 34(1) and (2) of the Food Labelling (Scotland) Regulations 1984” at the beginning of that paragraph, and the words “Food Labelling (Scotland) Regulations 1984” at the end of that paragraph, in the Scottish Regulations,

there shall be substituted, at the beginning of that paragraph, the words “Regulations 35 and 38 of the Food Labelling Regulations 1996” and, at the end of that paragraph, the words “Food Labelling Regulations 1996”, and

• (c) in paragraph (2) of regulation 6, for the words “regulation 21 of the Food Labelling Regulations 1984” in the English and Welsh Regulations and the words “regulation 21 of the Food Labelling (Scotland) Regulations 1984” in the Scottish Regulations there shall be substituted the words “regulation 20 of the Food Labelling Regulations 1996”.

• (8) In both the Jam and Similar Products Regulations 1981[^f00065] (hereinafter in this paragraph referred to as “the English and Welsh Regulations”) and the Jam and Similar Products (Scotland) Regulations 1981[^f00066] (hereinafter in this paragraph referred to as “the Scottish Regulations”)—

• (a) in—

• (i) paragraph (1) of regulation 2 (interpretation), in the definitions of “additive”, “ingredient”, “labelling” and “prepacked”,

• (ii) paragraph (1) of regulation 5 (name of the food),

• (iii) paragraph (1) of regulation 7 (list of ingredients), and

• (iv) sub-paragraph (c) of regulation 9 (field of vision),

for the words “Food Labelling Regulations 1980” in the English and Welsh Regulations and the words “Food Labelling (Scotland) Regulations 1981” in the Scottish Regulations there shall be substituted the words “Food Labelling Regulations 1996”;

• (b) in paragraph (1) of regulation 7A, for the words “Food Labelling Regulations 1984” in the English and Welsh Regulations and the words “Food Labelling (Scotland) Regulations 1984” in the Scottish Regulations there shall be substituted the words “Food Labelling Regulations 1996”;

• (c) in paragraph (7) of regulation 8 (miscellaneous labelling requirements), for sub-paragraph (c) there shall be substituted the following sub-paragraph—

(c) food to which regulation 27 of the Food Labelling Regulations 1996 (which relates to certain food sold at catering establishments) applies.

, and

• (d) in regulation 10 (manner of marking or labelling)—

• (i) for the words “Regulations 31 to 33 of the Food Labelling Regulations 1980” at the beginning of that regulation, and the words “Food Labelling Regulations 1980” at the end of that regulation, in the English and Welsh Regulations, and

• (ii) for the words “Regulations 31 to 33 of the Food Labelling (Scotland) Regulations 1981” at the beginning of that regulation, and the words “Food Labelling (Scotland) Regulations 1981” at the end of that regulation, in the Scottish Regulations,

there shall be substituted, at the beginning of that regulation, the words “Regulations 35, 36 and 38 of the Food Labelling Regulations 1996” and, at the end of that regulation, the words “Food Labelling Regulations 1996”.

• (9) In both the Meat Products and Spreadable Fish Products Regulations 1984[^f00067] (hereinafter in this paragraph referred to as “the English and Welsh Regulations”) and the Meat Products and Spreadable Fish Products (Scotland) Regulations 1984[^f00068] (hereinafter in this paragraph referred to as “the Scottish Regulations”)—

• (a) in paragraph (1) of regulation 2 (interpretation), after the definition of “prepacked” there shall be inserted the following definition—

• “prepacked for direct sale” has the meaning assigned to it by the Food Labelling Regulations 1996;

• (b) in—

• (i) paragraph (1) of regulation 2 (interpretation), in the definitions of “catering establishment”, “ingredient”, “labelling”, “prepacked” and “ultimate consumer”;

• (ii) paragraph (1) of regulation 4 (restrictions on the use of certain names);

• (iii) paragraph (2) of regulation 5 (name of the food for certain meat products);

• (iv) paragraphs (2) and 6(c) of regulation 10 (miscellaneous provisions relating to declarations), and

• (v) paragraph (2)(c) of regulation 11 (lean meat content),

for the words “Food Labelling Regulations 1984” in the English and Welsh Regulations and the words “Food Labelling (Scotland) Regulations 1984” in the Scottish Regulations there shall be substituted the words “Food Labelling Regulations 1996”;

• (c) in paragraph (1) of regulation 6 (list of ingredients), for the words “regulation 15(1) of the Food Labelling Regulations 1984” in the English and Welsh Regulations and the words “regulation 15(1) of the Food Labelling (Scotland) Regulations 1984” in the Scottish Regulations there shall be substituted the words “regulation 14(1) of the Food Labelling Regulations 1996”;

• (d) in paragraph (1)(a) of regulation 10 the words “(within the meaning of regulation 24 of the Food Labelling Regulations 1984)” in the English and Welsh Regulations and the words “(within the meaning of regulation 24 of the Food Labelling (Scotland) Regulations 1984)” in the Scottish Regulations shall be deleted

• (e) in paragraph (4) of regulation 10—

• (i) for the words “Regulations 32, 33 and 34 of the Food Labelling Regulations 1984” at the beginning of that paragraph, and the words “Food Labelling Regulations 1984” at the end of that paragraph, in the English and Welsh Regulations, and

• (ii) for the words “Regulations 32, 33 and 34 of the Food Labelling (Scotland) Regulations 1984” at the beginning of that paragraph, and the words “Food Labelling (Scotland) Regulations 1984” at the end of that paragraph, in the Scottish Regulations,

there shall be substituted, at the beginning of that paragraph, the words “Regulations 35, 36 and 38 of the Food Labelling Regulations 1996” and, at the end of that paragraph, the words “Food Labelling Regulations 1996”;

• (f) in paragraph (6) of regulation 10, for sub-paragraph (d) there shall be substituted the following sub-paragraph—

(d) food to which regulation 27 of the Food Labelling Regulations 1996 (which relates to certain food sold at catering establishments) applies.

• (10) In paragraph (1) of regulation 5 (labelling of casein products) of both—

• (a) the Caseins and Caseinates Regulations 1985[^f00069], for the words “Food Labelling Regulations 1984”, and

• (b) the Caseins and Caseinates (Scotland) Regulations 1985[^f00070], for the words “Food Labelling (Scotland) Regulations 1984”,

there shall be substituted the words “Food Labelling Regulations 1996”.

• (11) In the Quick-frozen Foodstuffs Regulations 1990[^f00071], in paragraph (1) of regulation 2 (interpretation and scope), in the definitions of “catering establishment”, “prepackaging” and “ultimate consumer”, for the date “1984” there shall be substituted the date “1996”.

• (12) In the Food Premises (Registration) Regulations 1991[^f00072], in paragraph (3) of regulation 1 (citation, commencement and interpretation), in the definition of “ultimate consumer”, for the date “1984” there shall be substituted the date “1996”.

• (13) In the Flavourings in Food Regulations 1992[^f00073]—

• (a) in paragraph (1) of regulation 2 (interpretation), in the definition of “ultimate consumer”, for the date “1984” there shall be substituted the date “1996”;

• (b) in sub-paragraph (b) of paragraph 2 of Part I of Schedule 3 (requirements for sales), for the words “regulation 21 of the Food Labelling Regulations 1984 or, as appropriate, regulation 21 of the Food Labelling (Scotland) Regulations 1984” there shall be substituted the words “regulation 20 of the Food Labelling Regulations 1996”.

• (14) In the Food Additives Labelling Regulations 1992[^f00074]—

• (a) in regulation 2 (interpretation), in the definition of “ultimate consumer”, for the date “1984” there shall be substituted the date “1996”;

• (b) in paragraph 2(b)(iii) of Part I of Schedule 3 (requirement for sales)—

• (i) for the words “neither regulation 21 of the Food Labelling Regulations 1984 nor regulation 21 of the Food Labelling (Scotland) Regulations 1984 applies” there shall be substituted the words—

“regulation 20 of the Food Labelling Regulations 1996 does not apply”, and

• (ii) for the words “either regulation” there shall be substituted the words “that regulation”.

• (15) In the Food Safety (Fishery Products) Regulations 1992[^f00075], in Schedule 3 (requirements as to identification marks), for the words “Food Labelling (Amendment) Regulations 1990 and the Food Labelling (Amendment) (Irradiated Food) Regulations 1990” there shall be substituted the words “Food Labelling Regulations 1996”.

• (16) In the Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992[^f00076], in Schedule 1 (marking of consignments), in paragraph 1, for the words “Food Labelling Regulations 1984 and subject to paragraph 4, All” there shall be substituted the words “Food Labelling Regulations 1996 and subject to paragraph 4, all”.

• (17) In the Aflatoxins in Nuts, Nut Products, Dried Figs and Dried Fig Products Regulations 1992[^f00077], in paragraph (1) of regulation 2 (interpretation), in the definition of “ultimate consumer”, for the date “1984” there shall be substituted the date “1996”.

• (18) In the Egg Products Regulations 1993[^f00078], in paragraph 1 of Schedule 10 (marking of egg products), for the words “Food Labelling Regulations 1984 and the Food Labelling (Scotland) Regulations 1984” there shall be substituted the words “Food Labelling Regulations 1996”.

• (19) In the Meat Products (Hygiene) Regulations 1994[^f00079], in paragraph (1) of regulation 2 (interpretation), for the definition of “the Food Labelling Regulations” there shall be substituted the following definition—

• “the Food Labelling Regulations” means the Food Labelling Regulations 1996;

• (20) In both the Dairy Products (Hygiene) Regulations 1995[^f00080] (hereinafter in this paragraph referred to as “the English and Welsh Regulations”) and the Dairy Products (Hygiene) (Scotland) Regulations 1995[^f00081] (hereinafter in this paragraph referred to as “the Scottish Regulations”)—

• (a) in paragraph 2 of Part I (labelling) of, and paragraph 5 of Part II (health mark) of, Schedule 10 (labelling and health marking)—

• (i) for the words “regulation 27 of the Food Labelling Regulations 1984” in the English and Welsh Regulations, and

• (ii) for the words “regulation 27 of the Food Labelling (Scotland) Regulations 1984” in the Scottish Regulations,

there shall be substituted the words “regulation 26 of the Food Labelling Regulations 1996”, and

• (b) in paragraph 3 of Part I of Schedule 10—

• (i) for the words “Food Labelling Regulations 1984” in the English and Welsh Regulations, and

• (ii) for the words “Food Labelling (Scotland) Regulations 1984 or the Milk Labelling (Scotland) Regulations 1983, as the case may be” in the Scottish Regulations,

there shall be substituted the words “Food Labelling Regulations 1996”.

• (21) In the Food Safety (Temperature Control) Regulations 1995[^f00082], in paragraph (1) of regulation 2 (interpretation)—

• (a) for the definition of “shelf life” there shall be substituted the following definition—

• “shelf life” means— in relation to food with respect to which an indication of minimum durability is required in accordance with regulation 20 of the Food Labelling Regulations 1996 (form of indication of minimum durability), the period up to and including the date required to be included in that indication; in relation to food with respect to which a “use by” date is assigned in the form required in accordance with regulation 21 of the Food Labelling Regulations 1995 (form of indication of “use by” date), the period up to and including that date;

, and

• (b) in the definition of “special storage conditions” for the words “6(d) of the Food Labelling Regulations 1984” there shall be substituted the words “5(d) of the Food Labelling Regulations 1996”.

• (22) In the Bread and Flour Regulations in paragraph (1) of regulation 2 (interpretation), in the definitions of “ingredient” and “labelling”, for the date “1984” there shall be substituted the date “1996”, and for the definition of “the labelling regulations” there shall be substituted the following definition—

• “the labelling regulations” means the Food Labelling Regulations 1996;

Transitional provision

50

• (1) Subject to the following paragraphs of this regulation, in any proceedings for an offence under these Regulations it shall be a defence to prove that—

• (a)

• (i) the act was committed before 1st July 1997, or

• (ii) the act was committed in relation to food prepacked before 1st July 1997; and

• (b) the matters constituting the offence would not have constituted an offence under the Food Labelling Regulations 1984[^f00083], the Food Labelling (Scotland) Regulations 1984[^f00084], or the Milk Labelling (Scotland) Regulations 1983[^f00085] or the Cheese and Cream Regulations 1995[^f00086] if those Regulations had been in operation when the act was committed or the food was prepacked.

• (2) In any proceedings for an offence under regulation 44(1)(a), as read with—

• (a) regulation 14(4) and Schedule 3, or

• (b) regulation 14(9) and Schedule 4,

paragraph (1) of this regulation shall be read as if for the date “1st July 1997” there were substituted, in both places where it occurs, the date “1st July 1996”.

• (3) In any proceedings for an offence under regulation 44(1)(a) as read with regulation 33, paragraph (1) of this regulation shall be read as if for the date “1st July 1997” there were substituted the date “1st January 1997”.

SCHEDULE 1 — NAMES PRESCRIBED BY LAW

Fish

1

• (1) Subject to subparagraphs (2) and (3) of this paragraph, the name used for any species of fish specified in column 2 of the following Table shall be a name specified for that species in the corresponding entry in column 1 of the said Table.

• (2) A customary name may be used for any species of fish which has been subjected to smoking or any similar process, unless the name of the species in column 2 of the following Table is followed by an asterisk. In such cases the name used for the food when the fish is smoked shall be either—

• (a) a name specified for that species in column 1 of the said Table preceded by the word ‘smoked’, or

• (b) except in the case of Salmo salar (L.), ‘smoked Pacific salmon’.

• (3) Subparagraph (1) of this paragraph, as read with the following Table, shall not apply to fish regulated by Council Regulation (EEC) No. 2136/89[^f00087] laying down common marketing standards for preserved sardines, or Council Regulation (EEC) No. 1536/92[^f00088] laying down common marketing standards for preserved tuna and bonito.

Column 1	Column 2
Name	Species of Fish
SEA FISH
Anchovy	All species of Engraulis
Bass	Dicentrarchus labrax (L.)
Brill	Scophthalmus rhombus (L.)
Brisling	Sprattus sprattus (L.) when canned
Catfish or Rockfish	All species of Anarhichas
Cod or Codling	Gadus morhua (L.) (including Gadus morhua callarias and Gadus morhua morhua)
Pacific cod or cod	Gadus macrocephalus
Greenland cod or cod	Gadus ogac
Coley or Saithe or Coalfish	Pollachius virens (L.)
Conger	All species of Conger
Croaker or Drum	All species of the family Scianidae
Dab	Limanda limanda (L.)
Dogfish or Flake or Huss or Rigg	{All species of Galeorhinus {All species of Mustelus {All species of Scyliorhinus {Galeus melastomus Rafin. {Squalus acanthias (L.)
Dory or John Doryor St Peter’s fish	Zeus faber (L.)
Eel	All species of Anguilla
Emperor	All species of Lethrinus
Flounder	Platichthys flesus (L.)
Grey mullet	{All species of Mugil {All species of Liza {All species of Chelon
Grouper	{All species of Mycteroperca {All species of Epinephelus
Gurnard	{All species of the family Triglidae {Peristedion cataphractum (L.)
Haddock	Melanogrammus aeglefinus (L.)
Hake	All species of Meruccius
Halibut	{Hippoglossus hippoglossus (L.) {Hippoglossus stenolepis
Black halibut	Reinhardtius hippoglossoides (Walbaum)
Herring	Clupea harengus (L.)
Hilsa	Hilsa elisha
Hoki	Macruronus novaezelandiae
Jack	{All species of Caranx {All species of Hemmicaranx {All species of Seriola {All species of Trachurus {All species of Decapterus
Ling	All species of Molva
Lumpfish or Lumpsucker	Cyclopterus lumpus
Mackerel	All species of Scomber
Megrim	All species of Lepidorhombus
Monkfish or Angler	Lophius piscatorius (L.)
Orange roughy	Hoplosteppus atlanticus
Parrot-fish	All species of the family Scaridae
Pilchard	Sardina pilchardus (Walbaum)
Pacific pilchard	{Sardinops sagax caerulea (Girard) {Sardinops sagax sagax (Jenyns) {Sardinops sagax melanosticta (Schlegel)
South Atlantic pilchard	Sardinops sagax ocellata (Pappe)
Plaice	Pleuronectes platessa (L.)
American plaice	Hippoglossoides platessoides (Fabr.)
Pollak or Pollock or Lythe	Pollachius pollachius (L.)
Pacific pollak or Pacific pollock or Alaska pollack or Alaska pollock	Theragra chalcogramma (Pallas)
Pomfret	{All species of Brama {All species of Stromateus {All species of Pampus
Redfish or Ocean perchor Rose fish	{All species of Sebastes {Helicolenus maculatus {Helicolenus dactylopterus (De la Roche)
Red Mullet	All species of Mullus
Sardine	Small Sardina pilchardus (Walbaum)
Sardinella	All species of Sardinella
Sea bream or Porgy	All species of the family Sparidae
Sild	{Small Clupea harengus (L.), when canned {Small Sprattus sprattus (L.), when canned
Skate or Rayor Roker	All species of Raja
Smelt or Sparling	All species of Osmerus
Sole or Dover sole	Solea solea (L.)
Lemon sole	Microstomus kitt (Walbaum)
Snapper	All species of the family Lutjanidae
Sprat	Sprattus sprattus (L.), except when canned
Swordfish	Xiphias gladius
Tuna or Tunny	All species of Thunnus
Skipjack tuna (or tuna)	Euthynnus (Katsuwonus) pelamis
Albacore tuna (or tuna)	Thunnus alalunga
Yellowfin tuna (or tuna)	Thunnus (neothunnus) albacores
Bluefin tuna (or tuna)	Thunnus thynnus
Bigeye tuna (or tuna)	Thunnus (parathunnus) obesus
Bonito	{All species of Sarda {All species of Euthynnus , with the exception of the species Euthynnus (Katsuwonus) pelamis {All species of Auxis
Turbot	Scophthalmus maximus (L.)
Whitebait	{Small Clupea harengus (L.) {except when canned} {Small Sprattus sprattus (L.)
Whiting	Merlangius merlangus (L.)
Blue whiting	Micromesistius poutassou (Risso)
Southern Blue whiting	Micromesistius australis
Winter flounder	Pseudopleuronectes americanus (Walbaum)
Witch	Glyptocephalus cynoglossus (L.)
SALMON AND FRESHWATER FISH
Catfish	All species of the family Ictaluridae
Carp	All species of the family Cyprinidae
Char	All species of Salvelinus
Salmon or Atlantic salmon	Salmo salar (L.)*
Cherry salmonor Pacific salmon	Oncorhynchus masou (Walbaum)*
Chum salmon or Keta salmon	Oncorhynchus keta (Walbaum)*
Medium red salmon or Coho salmon or Silver salmon	Oncorhynchus kisutch (Walbaum)*
Pink salmon	Oncorhynchus gorbuscha (Walbaum)*
Red salmon or Sockeye salmon	Oncorhynchus nerka (Walbaum)*
Spring salmon or King salmon or Chinook salmon or Pacific salmon	Oncorhynchus tschwytscha (Walbaum)*
Brown trout or trout	Salmo trutta (L.) which has spent all of its life in fresh water
Sea trout or Salmon trout	Salmo trutta (L.) which has spent part of its life in sea water
Cut-throat trout or trout	Oncorhynchus clarkii
Rainbow trout or Steelhead trout or trout	Oncorhynchus mykiss
Tilapia	All species of Tilapia
SHELLFISH
Abalone or Ormer	All species of Haliotis
Clam or Hard shell clam	{Mercenaria mercenaria (L.) {Venus verrucosa (L.)
Clam or Razor clam	All species of Ensis and Solen
Cockle	All species of Cerastoderma
Crab	{All species of the section Brachyura {All species of the family Lithodidae
Crawfish or Spiny lobsteror Rock lobster	All species of the family Palinuridae Jasus spp.
Crayfish	{All species of the family Astacidae {All species of the family Parastacidae {All species of the family Austroastacidae
Lobster	All species of Homarus
Slipper lobster	All species of Scyllaridae
Squat lobster	All species of the family Galatheidae
Mussel	All species of the family Mytulus
Oyster	{All species of Crassostrea {All species of Ostrea
Oyster or Portuguese oyster	Crassostrea angulata (Lmk.)
Oyster or Pacific oyster	Crassostrea gigas (Thunberg)
Oyster or Native oyster	Ostrea edulis (L.)
King prawn	All species of Penaeus where the count is less than 123 per kg (head on/shell on) or less than 198 per kg (head off/shell on) or less than 242 per kg (head off/shell off)
Prawn or Shrimp	Whole fish (of a size which, when cooked, have a count of less than 397 per kg) or tails (of a size which, when peeled and cooked, have a count of less than 1,323 per kg) of— all species of Palaemonidae , all species of Penaeidae , and all species of Pandalidae
Shrimp	Whole fish (of a size which, when cooked, have a count of 397 per kg or more) or tails (of a size which, when peeled and cooked, have a count of 1,323 per kg or more) of— all species of Palaemonidae , all species of Penaeidae , and all species of Pandalidae
Shrimp or Pink shrimp	Pandalus montagui Leach
Shrimp or Brown shrimp	All species of Crangon
Scallop	All species of Pectinidae
Scallopor Queen scallop or Queen	Chlamys (Acquipecton) opercularis (L.)
Scampi or Norway lobster or Dublin Bay prawn or Langoustine	Nephrops norvegicus (L.)
Pacific scampi	{Metanephrops adamanicus {Metanephrops challengeri
Tiger prawn	{Penaeus monodon {Penaeus semisuloalus {Penaeus esculentus
Whelk	All species of Buccinum
Winkle	All species of Littorina

Melons

2

The name used for melons sold as such shall include or be accompanied by an indication of their variety.

Potatoes

3

The name used for potatoes sold as such shall include or be accompanied by an indication of their variety.

Vitamins

4

• (1) The name used for a vitamin specified in Table A in Schedule 6 shall be the name specified for that vitamin in column 1 of that Table, except that in respect of folacin the name “folic acid” may also be used.

• (2) The name for vitamin K shall be “vitamin K”.

SCHEDULE 2 — INDICATIONS OF TREATMENT

Tenderised meat

1

The name used for any meat which has been treated with proteolytic enzymes shall include or be accompanied by the word “tenderised”.

Irradiated food

2

The name used for a food which has been irradiated shall include or be accompanied by the word “irradiated” or the words “treated with ionising radiation”.

SCHEDULE 3 — GENERIC NAMES IN LIST OF INGREDIENTS

Column 1	Column 2	Column 3
Generic name	Ingredients	Conditions of use of generic name
Cheese	Any type of cheese or mixture of cheese	The labelling of the food of which the cheese is an ingredient must not refer to a specific type of cheese
Cocoa butter	Press, expeller or refined cocoa butter
Crumbs or rusks,as is appropriate	Any type of crumbed, baked cereal product
Crystallised fruit	Any crystallised fruit	The proportion of crystallised fruit in the food of which it is an ingredient must not exceed 10 per cent
Dextrose	Anhydrous dextrose or dextrose monohydrate
Fat	Any refined fat	The generic name must be accompanied by either— the description “animal” or “vegetable”, as is appropriate, or an indication of the specific animal origin or the specific vegetable origin of the fat, as is appropriate. In the case of an hydrogenated fat, the generic name must also be accompanied by the description “hydrogenated”.
Fish	Any species of fish	The labelling of the food of which the fish is an ingredient must not refer to a specific species of fish
Flour	Any mixture of flour derived from two or more cereal species	The generic name shall be followed by a list of the cereals from which the flour is derived in descending order of weight
Glucose syrup	Glucose syrup or anhydrous glucose syrup
Gum base	Any type of gum preparation used in the preparation of chewing gum
Herb, herbs or mixed herbs	Any herb or parts of a herb or combination of two or more herbs or parts of herbs	The proportion of herb or herbs in the food of which it or they are an ingredient must not exceed 2 per cent by weight of the food
Milk proteins	Any caseins, caseinates or whey proteins, or any mixture of these
Oil	Any refined oil, other than olive oil	The generic name must be accompanied by either— the description “animal” or “vegetable”, as is appropriate, or an indication of the specific animal origin or the specific vegetable origin of the oil, as is appropriate. In the case of an hydrogenated oil, the generic name must also be accompanied by the description “hydrogenated”.
Spice, spices or mixed spices	Any spice or any combination of two or more spices	The proportion of spice or spices in the food of which it or they are an ingredient must not exceed 2 per cent by weight of the food
Starch	Any unmodified starch or any starch which has been modified either by physical means or by enzymes
Sugar	Any type of sucrose
Vegetables	Any mixture of vegetables	The proportion of vegetables in the food of which they are an ingredient must not exceed 10 per cent by weight of the food
Wine	Any type of wine defined in Council Regulation (EEC) No. 822/87

SCHEDULE 4 — CATEGORIES OF ADDITIVES WHICH MUST BE IDENTIFIED IN A LIST OF INGREDIENTS BY THEIR CATEGORY NAME

• Acid¹

• Acidity regulator

• Anti-caking agent

• Anti-foaming agent

• Antioxidant

• Bulking agent

• Colour

• Emulsifier

• Emulsifying Salts

• Firming agent

• Flavour enhancer

• Flour treatment agent

• Gelling agent

• Glazing agent

• Humectant

• Modified starch²

• Preservative

• Propellant gas

• Raising agent

• Stabiliser

• Sweetener

• Thickener

Notes

1

In the case of an additive which is added to or used in food to serve the function of an acid and whose specific name includes the word “acid”, it shall not be necessary to use the category name.

2

Neither the specific name nor the serial number need be indicated.

SCHEDULE 5 — POSITIVE AND NEGATIVE TOLERANCES PERMITTED IN THE INDICATION OF THE ALCOHOLIC STRENGTH BY VOLUME OF ALCOHOLIC DRINKS OTHER THAN COMMUNITY CONTROLLED WINE

1

• (a) Beers having an alcoholic strength not exceeding 5.5% volume;

• (b) alcoholic drinks made from grapes and falling within subheading No. 2206–0093 and No. 2206–0099 of the combined nomenclature (1988).

2

• (a) Beers having an alcoholic strength exceeding 5.5% volume;

• (b) alcoholic drinks made from grapes and falling within subheading No. 2206–0091 of the combined nomenclature (1988);

• (c) ciders, perries, fruit wines and other wines obtained from fruits other than grapes whether or not semi-sparkling or sparkling;

• (d) alcoholic drinks based on fermented honey.

3

Alcoholic drinks containing macerated fruit or parts of plants

4

Any other alcoholic drink.

SCHEDULE 6 — CLAIMS

PART I — PROHIBITED CLAIMS

1

A claim that a food has tonic properties.

Note

The use of the word “tonic” in the description “Indian tonic water” or “quinine tonic water” shall not of itself constitute a claim of a type described in this item.

2

A claim that a food has the property of preventing, treating or curing a human disease or any reference to such a property.

Note

A claim of a type described in item 1 of Part II of this Schedule shall not of itself be regarded as a claim of a type described in this item.

PART II — RESTRICTED CLAIMS

Claims relating to foods for particular nutritional uses

1

A claim that a food is suitable, or has been specially made, for a particular nutritional purpose.

1

The food must be capable of fulfilling the claim.

2

The food must be marked or labelled with an indication of the particular aspects of its composition or manufacturing process that give the food its particular nutritional characteristics.

3

The food—

• (a) must be marked or labelled with the prescribed nutrition labelling and may be marked or labelled with further information in respect of either or both of—

• (i) any nutrient or component of a nutrient (whether or not a claim is made in respect of such nutrient or component), or

• (ii) any other component or characteristic which is essential to the food’s suitability for its particular nutritional use, and

• (b) when sold to the ultimate consumer, must be prepacked and completely enclosed by its packaging.

Reduced or low energy value claims

2

A claim that a food has a reduced or low energy value.

Notes a The appearance, on the container of a soft drink, of the words “low calorie” given in accordance with the conditions specified in Schedule 8 in relation to that description for such drinks shall not of itself constitute a claim of a type described in this item.

• (b) Where a food is in concentrated or dehydrated form and is intended to be reconstituted by the addition of water or other substances, condition 2 shall apply to the food when reconstituted as directed.

1

If the claim is that the food has a reduced energy value, the energy value of a given weight of the food, or of a given volume in the case of a liquid food, must not be more than three quarters of that of the equivalent weight, or volume, of a similar food in relation to which no such claim is made, unless the food is—

• (a) an intense sweetener, or

• (b) a product which consists of a mixture of an intense sweetener with other substances and which, when compared on a weight for weight basis, is significantly sweeter than sucrose.

2

If the claim is that the food has a low energy value—

• (a) the energy value of the food must not be more than 167 kJ (40 kcal) per hundred grams or hundred millilitres, as is appropriate, unless the food is—

• (i) an intense sweetener, or

• (ii) a product which consists of a mixture of an intense sweetener with other subsequences and which, when compared on a weight for weight basis, is significantly sweeter than sucrose,

• (b) the energy value of a normal serving of the food must not be more than 167 kJ (40 kcal), and

• (c) in the case of an uncooked food which naturally has a low energy value, the claim must be in the form “a low energy food” or “a low calorie food” or “a low Joule food”.

Protein claims

3

A claim that a food, other than a food intended for babies or young children which satisfies the conditions of item 1 of this Part of this Schedule, is a source of protein.

1

The quantity of the food that can reasonably be expected to be consumed in one day must contribute at least 12g of protein.

2

—

• (1) If the claim is that the food is a rich or excellent source of protein, at least 20 per cent of the energy value of the food must be provided by protein.

• (2) In any other case, at least 12 per cent of the energy value of the food must be provided by protein.

3

The food must be marked or labelled with the prescribed nutrition labelling.

Vitamin claims

4

A claim that a food, other than a food intended for babies or young children which satisfies the conditions of item 1 of this Part of this Schedule, is a source of vitamins.

Note

A reference to a vitamin in the name of a food shall not of itself constitute a claim of a type to which this item applies if the food consists solely of—

1

—

• (1) If the claim is not confined to named vitamins, every vitamin named in the claim must be a vitamin specified in column 1 of Table A below, and—

• (a) where the claim is that the food is a rich or excellent source of vitamins, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one half of the recommended daily allowance of two or more of the vitamins specified in column 1 of Table A below, and

• (b) in any other case, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one sixth of the recommended daily allowance of two or more of the vitamins specified in column 1 of Table A below.

• (2) If the claim is confined to named vitamins, every vitamin named in the claim must be a vitamin specified in column 1 of Table A below, and—

• (a) where the claim is that the food is a rich or excellent source of vitamins, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one half of the recommended daily allowance of every vitamin named in the claim, and

• (b) in any other case, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one sixth of the recommended daily allowance of every vitamin named in the claim.

2

The food must be marked or labelled—

• (a) in the case of a food to which nutrition labelling relates—

• (i) where the claim is in respect of unnamed vitamins (whether alone or together with named vitamins), then in respect of any of those unnamed vitamins which are listed in Table A, with the prescribed nutrition labelling and, in addition, with a statement of the percentages of the recomended daily allowance for such vitamins as are contained in either a quantified serving of the food or, provided that the total number of portions contained in the sales unit of the food is stated, in one such portion of the food, and

• (ii) where the claim is in respect of a named vitamin or of named vitamins (whether alone or together with unnamed vitamins), then in respect of that named vitamin or those named vitamins, with the prescribed nutrition labelling and, in addition, with a statement of the percentages of the recommended daily allowance for such vitamins as are contained in either a quantified serving of the food or, provided that the total number of portions contained in the sales unit of the food is stated, in one such portion of the food; and

• (b) in the case of food supplements or waters other than natural mineral waters, in respect of any vitamins, whether unnamed, named or both—

• (i) with a statement of the percentage of the recommended daily allowance of those vitamins contained in either a quantified serving or (provided that the food is prepacked) a portion of the food, and

• (ii) where the food is prepacked, of the number of portions contained in the package,

and the name used in such marking or labelling for any such vitamin shall be the name specified for that vitamin in column 1 of Table A below.

Mineral claims

5

A claim that a food, other than a food intended for babies or young children which satisfies the conditions of item 1 of this Part of this Schedule, is a source of minerals.

Notes a A claim that a food has low or reduced levels of minerals shall not be regarded as a claim of a type described in this item.

• (b) The note that applies to item 4 of this Part of this Schedule applies equally to this item with the substitution of—

• (i) the word “mineral” for “vitamin”,

• (ii) the word “minerals” for “vitamins” wherever it occurs, and

• (iii) the word “vitamins” for “minerals” wherever it occurs.

Cholesterol claims

6

A claim relating to the presence or absence of cholesterol in a food.

1

Subject to condition 3 the food must contain no more than 0.005 per cent of cholesterol.

2

The claim must not be accompanied by a suggestion, whether express or implied, that the food is beneficial to human health because of its level of cholesterol.

3

If the claim relates to the removal of cholesterol from, or its reduction in, the food and condition 1 is not met, such claims shall only be made—

• (a) as part of an indication of the true nature of the food,

• (b) as part of an indication of the treatment of the food,

• (c) within the list of ingredients, or

• (d) as a footnote in respect of a prescribed nutrition labelling.

4

The food shall be marked or labelled with the prescribed nutrition labelling.

Nutrition claims

7

Any nutrition claim not dealt with under any other item in this Part of this Schedule.

1

The food must be capable of fulfilling the claim.

2

The food shall be marked or labelled with the prescribed nutrition labelling.

Claims which depend on another food

8

A claim that a food has a particular value or convers a particular benefit.

Column 1	Column 2
Vitamin	Recommended daily allowance
Vitamin A	800 μg
Vitamin D	5 μg
Vitamin E	10 mg
Vitamin C	60 mg
Thiamin	1.4 mg
Riboflavin	0.16 mg
Niacin	18 mg
Vitamin B₆	2 mg
Folacin	200 μg
Vitamin B₁₂	1 μg
Biotin	0.15 mg
Pantothenic acid	6 mg
Column 1	Column 2
---	---
Vitamin	Recommended daily allowance
Note As a rule, a significant amount means 15% of the recommended daily allowance listed in respect of each vitamin and mineral specified in Table A and B above that is supplied by 100 g or 100 ml of a food, or per package of a food if the package contains only a single portion.	Note As a rule, a significant amount means 15% of the recommended daily allowance listed in respect of each vitamin and mineral specified in Table A and B above that is supplied by 100 g or 100 ml of a food, or per package of a food if the package contains only a single portion.
Calcium	800 mg
Phosphorus	800 mg
Iron	14 mg
Magnesium	300 mg
Zinc	15 mg
Iodine	150 μg

SCHEDULE 7 — NUTRITION LABELLING

PART I — PRESENTATION OF PRESCRIBED NUTRITION LABELLING

1

Prescribed nutrition labelling shall consist of such of the following items as under Part II of this Schedule are either required or permitted to be given. Subject to paragraphs 2, 3, 4, 5 and 6 below, the items and, where applicable, their order and manner of listing, are—

energy	[x] kJ and [x] kcal
protein	[x] g
carbohydrate	[x] g
of which:
—sugars	[x] g
—polyols	[x] g
—starch	[x] g
fat	[x] g
of which:
—saturates	[x] g
—mono-unsaturates	[x] g
—polyunsaturates	[x] g
—cholesterol	[x] mg
fibre	[x] g
sodium	[x] g
[vitamins]	[x units]
[minerals]	[x units].

2

In the event that there is also required to be given the name and amount of any substance which belongs to, or is a component of, one of the items already given such substance or component shall be listed immediately after the item to which it relates, and in the following manner—

[item]	[x] g or mg
of which
—[substance or component]	[x] g or mg.

3

• (a) For [vitamins] and [minerals] there shall be substituted, as appropriate, the names of any vitamin or mineral listed in Table A or B in Schedule 6.

• (b) For [item] there shall be substituted the name of the relevant item from the list in paragraph 1 above.

• (c) For [substance or component] there shall be substituted the name of the substance or component.

• (d) For [x] there shall be substituted the appropriate amount in each case and, in respect of vitamins and minerals, such amounts—

• (i) shall be expressed in the units of measurement specified in relation to the respective vitamins and minerals given in Table A or B in Schedule 6, and

• (ii) shall also be expressed as a percentage of the recommended daily allowance specified for such vitamins and minerals in those Tables.

4

All amounts given—

• (a) are to be per hundred grams or hundred millilitres of the food, as is appropriate, and, where it is wished to do so, those in either—

• (i) a quantified serving of the food, or

• (ii) provided that the total number of portions contained in that sales unit of the food is stated, in one such portion of the food,

• (b) shall be such amounts as are contained in the food as sold to the ultimate consumer or to a catering establishment save that, where sufficiently detailed instructions are given for the preparation for consumption of the food, they may (if expressly said to be so) be such amounts as are contained in the food after the completion of such preparation in accordance with the said instructions, and

• (c) shall be averages based, either alone or in any combination, on—

• (i) the manufacturer’s analysis of the food,

• (ii) a calculation from the actual average values of the ingredients used in the preparation of the food,

• (iii) a calculation from generally established and accepted data,

and “averages” for the purposes of this sub-paragraph means the figures which best represent the respective amounts of the nutrients which a given food contains, there having been taken into account seasonal variability, patterns of consumption and any other factor which may cause the actual amount to vary.

5

In the calculation of the energy value the following conversion factors shall be employed—

• (a) 1 gram of carbohydrate (excluding polyols) shall be deemed to contribute 17 kJ (4 kcal);

• (b) 1 gram of polyols shall be deemed to contribute 10 kJ (2.4 kcal);

• (c) 1 gram of protein shall be deemed to contribute 17 kJ (4 kcal);

• (d) 1 gram of fat shall be deemed to contribute 37 kJ (9 kcal);

• (e) 1 gram of ethanol shall be deemed to contribute 29 kJ (7 kcal);

• (f) 1 gram of organic acid shall be deemed to contribute 13 kJ (3 kcal).

6

Any prescribed nutrition labelling shall be presented together in one conspicuous place—

• (a) in tabular form with any numbers aligned, or

• (b) if there is insufficient space to permit tabular listing, in linear form.

PART II — CONTENTS OF PRESCRIBED NUTRITION LABELLING

1

In respect of any food other than one to which paragraph 2 below applies, prescribed nutrition labelling shall be given as follows—

• (a) it shall include either—

• (i) energy and the amounts of protein, carbohydrate and fat, or

• (ii) energy and the amounts of protein, carbohydrate, sugars, fat, saturates, fibre and sodium, provided that, where sugars, saturates, fibre or sodium is, or are, the subject of a nutrition claim, it shall be given in accordance with paragraph (ii);

• (b) where such is the subject of a nutrition claim, it shall also include the amounts of any polyols, starch, mono-unsaturates, polyunsaturates, cholesterol, vitamins or minerals, and in the absence of such a claim it may include any of these, provided that in either case only those vitamins or minerals present in a significant amount as described in the Note to Tables A and B in Schedule 6 above shall, or may, be so included;

• (c) where labelling is given in accordance with sub-paragraph (a)(i) above and, further to sub-paragraph (b) above the amount of any of mono-unsaturates, polyunsaturates or cholesterol has been included, it shall also include the amount of saturates, and

• (d) where such is the subject of a nutrition claim, it shall also include the name and amount of any substance which belongs to, or is a component of, one of the nutrients already required or permitted to be included.

2

• (1) In respect of any food which is not prepacked and which is sold—

• (a) to the ultimate consumer other than at a catering establishment,

• (b) to the ultimate consumer from a vending machine, whether or not such machine is located at a catering establishment, or

• (c) to a catering establishment,

the prescribed nutrition labelling shall include such of energy and the amounts of any nutrient and the name and amount of any substance which belongs to, or is a component of, any nutrient, in respect of which a nutrition claim is made, and it may include any of the items listed in paragraph 1 of Part I of this Schedule in respect of which there is no such claim.

SCHEDULE 8 — MISLEADING DESCRIPTIONS

PART I — GENERAL

Column 1	Column 2
Words and descriptions	Conditions
The description “dietary” or “dietetic”.	Shall not be applied to any food unless it is a food for a particular nutritional use (excluding such foods formulated for infants and young children in good health) which— has been specially made for a class of persons whose digestive process or metabolism is disturbed or who, by reason of their special physiological condition, obtain special benefit from a controlled consumption of certain substances, and is suitable for fulfilling the particular nutritional requirements of that class of persons.
Any description incorporating the name of a food in such a way as to imply that the food, or the part of a food, being described has the flavour of the food named in the description.	Shall not be applied to any food unless the flavour of the food being described is derived wholly or mainly from the food named in the description, except that any description incorporating the word “chocolate” which is such as to imply that the food being described has a chocolate flavour may be applied to a food which has a chocolate flavour derived wholly or mainly from non fat cocoa solids where the purchaser would not be misled by the description. This shall not be taken to prevent the use of the word “flavour” preceded by the name of a food when the flavour of the food being described is not wholly or mainly from the food named in the description.
A pictorial representation of a food which is such as to imply that the food to which the representation is applied has the flavour of the food depicted in the representation.	Shall not be applied to any food unless the flavour of the food to which the representation is applied is derived wholly or mainly from the food depicted in the representation.
The description “ice cream”.	Shall not be applied to any food other than the frozen product containing not less than 5 per cent fat and not less than 2.5 per cent milk protein, not necessarily in natural proportions, and which is obtained by subjecting an emulsion of fat, milk solids and sugar (including any sweetener permitted in ice cream by the Sweeteners in Food Regulations 1995[^f00089]), with or without the addition of other substances, to heat treatment and either to subsequent freezing or evaporation, addition of water and subsequent freezing.
The description “dairy ice cream”	Shall not be applied to any food other than one which fulfils the conditions relating to application of the description “ice cream” to a food (provided that the fat in respect of which a minimum of 5 per cent is specified shall here consist exclusively of milk fat) and which contains no fat other than milk fat or any fat present by reason of the use as an ingredient of such ice cream of any egg, any flavouring, or any emulsifier or stabiliser.
The word “milk” or any other word or description which implies that the food being described contains milk.	Shall not be used as part of the name of a food, which contains the milk of an animal other than a cow, unless— such milk has all the normal constituents in their natural proportions, and the word or description is accompanied by the name of that animal; or such milk has been subjected to a process or treatment, and the word or description is accompanied by the name of that animal and an indication of that process or treatment; or the word or description is used in accordance with any regulations made, or having effect as if made, under the Act or any order having effect as if contained in regulations so made.
The word “milk”.	Shall not be used as the name of an ingredient where the ingredient is the milk of an animal other than a cow unless— the word is accompanied by the name of the animal, and the use of the word as the name of the ingredient complies in all other respects with these Regulations.
The description “starch-reduced”.	Shall not be applied to any food, unless— less than 50 per cent of the food consists of anhydrous carbohydrate calculated by weight on the dry matter of the food, and the starch content of a given quantity of the food is substantially less than that of the same quantity of similar foods to which the description is not applied.
The word “vitamin” or any other word or description which implies that the food to which the word or description relates is a vitamin.	Shall not be used in the labelling or advertising of any food, unless the food to which the word or description relates is— one of the vitamins specified in column 1 of Table A in Schedule 6; or vitamin K.
The description “alcohol-free”.	Shall not be applied to any alcoholic drink from which the alcohol has been extracted, unless— the drink has an alcoholic strength by volume of not more than 0.05 per cent, and the drink is marked or labelled with an indication of its maximum alcoholic strength (in one of the forms specified in regulation 30(1) immediately preceded by the words “not more than”) or, in an appropriate case, with an indication that it contains no alcohol.
The description “dealcoholised”.	Shall not be applied to any drink, unless— the drink, being an alcoholic drink from which the alcohol has been extracted, has an alcoholic strength by volume of not more than 0.5 per cent, and the drink is marked or labelled with an indication of its maximum alcoholic strength (in one of the forms specified in regulation 30(1) immediately preceded by the words “not more than”) or, in an appropriate case, with an indication that it contains no alcohol.
The description “low alcohol” or any other word or description which implies that the drink being described is low in alcohol.	Shall not be applied to any alcoholic drink unless— the drink has an alcoholic strength by volume of not more than 1.2 per cent, and the drink is marked or labelled with an indication of its maximum alcoholic strength (in one of the forms specified in regulation 30(1) immediately preceded by the words “not more than”).
The description “low calorie” or any other word or description which implies that the drink being described is low in calories.	Shall not be applied to any soft drink unless the soft drink (where applicable, after subsequent preparation (which may include dilution) in accordance with any accompanying instructions) contains not more than 10 kcal per 100 ml and 42 kJ per 100 ml of the drink.
The description “non-alcoholic”.	Shall not be used in conjunction with a name commonly associated with an alcoholic drink, except in the composite name “non-alcoholic wine” when that composite name is used in accordance with regulation 43.
The name “liqueur”.	Shall not be applied to any drink other than one so qualifying under the definition of liqueur contained in Article 1.4(r) of Council Regulation (EEC) No. 1576/89[^f00090].
The name “Indian tonic water” or “quinine tonic water”.	Shall not be applied to any drink unless the drink contains not less than 57 mg of quinine (calculated as quinine sulphate B.P.) per litre of the drink.
The name “tonic wine”.	Shall not be applied to any drink unless there appears in immediate proximity to the words “tonic wine” the clear statement: “the name “tonic wine” does not imply health giving or medicinal properties”. No recommendation as to consumption or dosage shall appear in the labelling or advertising of the drink.

PART II — CHEESE

Column 1	Column 2
Variety of cheese	Maximum percentage of water
Cheddar	39
Blue Stilton	42
Derby	42
Leicester	42
Cheshire	44
Dunlop	44
Gloucester	44
Double Gloucester	44
Caerphilly	46
Wensleydale	46
White Stilton	46
Lancashire	48

PART III — CREAM

Column 1	Column 2
Clotted cream	The cream is clotted and contains not less than 55 per cent milk fat.
Double cream	The cream contains not less than 48 per cent milk fat.
Whipping cream	The cream contains not less than 35 per cent milk fat.
Whipped cream	The cream contains not less than 35 per cent milk fat and has been whipped.
Sterilised cream	The cream is sterilised cream and contains not less than 23 per cent milk fat.
Cream or single cream	The cream is not sterilised cream and contains not less than 18 per cent milk fat.
Sterilised half cream	The cream is sterilised cream and contains not less than 12 per cent milk fat.
Half cream	The cream is not sterilised cream and contains not less than 12 per cent milk fat.

SCHEDULE 9 — REVOCATIONS