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

Type Statutory-Instrument

Publication 2008-04-24

Last updated 2014-12-13

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 24th April 2008

Laid before Parliament: 1st May 2008

Coming into force: 31st May 2008

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Title, application and commencement

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Amendment of the Food Labelling Regulations 1996

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Revocations

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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: wheat-based glucose syrups including dextrose[^f01000]; wheat-based maltodextrins[^f01000]; glucose syrups based on barley; 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: fish gelatine used as a carrier for vitamin or carotenoid preparations; fish gelatine or isinglass used as a fining agent in beer and wine.
5.	Peanuts.
6.	Soybeans, except: fully refined soybean oil and fat[^f01000]; natural mixed tocopherols (E306), natural D-alpha tocopherol, natural D-alpha tocopherol acetate, natural D-alpha tocopherol succinate from soybean sources; vegetable oils derived from phytosterols and phytosterol esters from soybean sources; plant stanol ester produced from vegetable oil sterols from soybean sources.
7.	Milk (including lactose), except: whey used for making distillates or ethyl alcohol of agricultural origin for spirit drinks and other alcoholic beverages; 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

Signed by authority of the Secretary of State for Health

Dawn Primarolo — Minister of State — Department of Health — 2008-04-24

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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Footnotes

[^f00001]: 1990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c.28), (“the 1999Act”). Section 48 was also amended by S.I. 2004/2990. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c.40), Schedule 6 to the 1999 Act and S.I. 2004/2990.

[^f00002]: Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the 1999 Act. Functions of “the Ministers” 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 1999 Act and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32). Those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) as read with section 40(2) of the 1999 Act..

[^f00003]: OJ No.L31, 1.2.2002, p.1. That Regulation was last amended by Commission Regulation (EC) No.575/2006 (OJ No.L100, 8.4.2006, p3).

[^f00004]: S.I.1996/1499, as last amended by S.I. 2007/3256. Regulations 13(8)(c) and 34B and the associated Schedule AA1 were inserted by S.I. 2004/2824. Regulation 34B was amended by S.I. 2005/2057; Schedule AA1 was amended by S.I. 2007/3256. Paragraph (13) of regulation 50 was inserted by S.I. 2005/899, and paragraph (14) of that regulation by S.I. 2007/3256.

[^f00005]: OJ No. L310, 28.11.2007, p.11.

[^f00007]: S.I. 2004/2824.

[^f00008]: S.I. 2005/2057.

[^f00009]: S.I. 2005/2969.

[^f00010]: S.I. 2007/3256.

Editorial notes

[^key-836029ada972f37b72dfbac3d5c84878]: Regulations revoked (13.12.2014) by The Food Information Regulations 2014 (S.I. 2014/1855), Sch. 6 Pt. 1 Entry 22

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