The Food Information Regulations 2014

[^key-8d394b582b4c442b312c94209f33a23a]: Word in reg. 5(2)(b) omitted (1.10.2021) by virtue of The Food Information (Amendment) (England) Regulations 2019 (S.I. 2019/1218), regs. 1, 2(3)(b)

[^key-75de9cec6a8ccccbd0083db78992a81e]: Reg. 5(2)(c) omitted (1.10.2021) by virtue of The Food Information (Amendment) (England) Regulations 2019 (S.I. 2019/1218), regs. 1, 2(3)(c)

[^key-ea7b5709483fe100ec02ad36ccd4c5a0]: Word in reg. 6(2)(a) inserted (1.10.2021) by The Food Information (Amendment) (England) Regulations 2019 (S.I. 2019/1218), regs. 1, 2(5)(a)

[^key-47ae2ad02d129b0049229eb81aa64aec]: Word in reg. 6(2)(b) omitted (1.10.2021) by virtue of The Food Information (Amendment) (England) Regulations 2019 (S.I. 2019/1218), regs. 1, 2(5)(b)

[^key-30356f0534d0efb40e4760ba7377f395]: Reg. 6(2)(c) omitted (1.10.2021) by virtue of The Food Information (Amendment) (England) Regulations 2019 (S.I. 2019/1218), regs. 1, 2(5)(c)

[^key-6bcde978c1acb0a090f61b2890416491]: Word in reg. 10(1)(a) omitted (1.10.2021) by virtue of The Food Information (Amendment) (England) Regulations 2019 (S.I. 2019/1218), regs. 1, 2(7)(a)

[^key-92fc0447857ab4bca9f6604b3fbe9775]: Word in reg. 10(1)(b) inserted (1.10.2021) by The Food Information (Amendment) (England) Regulations 2019 (S.I. 2019/1218), regs. 1, 2(7)(b)

[^key-24f9ed03339618d2aeeb154c4a1520ca]: Word in reg. 15(4) substituted (1.10.2021) by The Food Information (Amendment) (England) Regulations 2019 (S.I. 2019/1218), regs. 1, 2(9)(i)

[^key-d54f777dcc3cd6f4043dbf7b03368a4b]: Word in reg. 15(4) substituted (1.10.2021) by The Food Information (Amendment) (England) Regulations 2019 (S.I. 2019/1218), regs. 1, 2(9)(ii)

[^key-b6bb78033035aea2baa8c4e0083c7c9a]: Reg. 17 inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 4

[^key-77f4e97ee2b56bc42ebfddcc490f7b13]: Words in Sch. 1 omitted (19.5.2022) by virtue of The Food Information (Amendment) (England) Regulations 2022 (S.I. 2022/481), regs. 1(1), 2(6)

[^key-b9839c552cc671784126809046e759b6]: Reg. 5A substituted (19.5.2022) by The Food Information (Amendment) (England) Regulations 2022 (S.I. 2022/481), regs. 1(1), 2(2)

[^key-56f77c3182995651689142c03249864d]: Reg. 6A substituted (19.5.2022) by The Food Information (Amendment) (England) Regulations 2022 (S.I. 2022/481), regs. 1(1), 2(3)

[^key-8a0e5bb5a1fa8650584b2d548088403f]: Reg. 10(1)(c) substituted (19.5.2022) by The Food Information (Amendment) (England) Regulations 2022 (S.I. 2022/481), regs. 1(1), 2(4)

[^key-2442acb99262959fee6984ea88296676]: Reg. 12(1)(a)(iia) substituted (19.5.2022) by The Food Information (Amendment) (England) Regulations 2022 (S.I. 2022/481), regs. 1(1), 2(5)(a)

[^key-753f368c2242d2895569d3534f8194ec]: Reg. 12(1)(a)(iiia) substituted (19.5.2022) by The Food Information (Amendment) (England) Regulations 2022 (S.I. 2022/481), regs. 1(1), 2(5)(b)

[^key-ac82f29a28333d1b9e0698bf05be99f8]: Words in Sch. 4 para. 1 substituted (19.5.2022) by The Food Information (Amendment) (England) Regulations 2022 (S.I. 2022/481), regs. 1(1), 2(7)(a)

[^key-0cb1c24ec3491e812480be6805609197]: Words in Sch. 4 para. 1 substituted (19.5.2022) by The Food Information (Amendment) (England) Regulations 2022 (S.I. 2022/481), regs. 1(1), 2(7)(b)

[^key-daef41baf9392d2e660f4d64b1252895]: Words in reg. 16(1)(a) substituted (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 7

Part 4 — FIC provisions concerning primary ingredient country of origin/place of provenance

Transitional provisions: withdrawal from the EU

16

• (1) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 9(1)(h) of FIC if—

• (a) the improvement notice would relate to a product that was placed on the market before 1 January 2024; and

• (b) the matter would not have constituted a failure to comply with that provision of FIC as it had effect in EU law immediately before IP completion day.

• (2) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 7(1) or Article 36(2)(a) or (b) of FIC if—

• (a) the improvement notice would relate to a specified product that was placed on the market before IP completion day; and

• (b) the labelling of the specified product would not have constituted a failure to comply with those provisions of FIC as they had effect in EU law immediately before IP completion day.

• (3) Products to which paragraph (1) or (2) applies may continue to be marketed until stocks are exhausted.

• (4) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 7(1) or Article 36(2)(a) or (b) of FIC if—

• (a) the improvement notice would relate to a specified product placed on the market within the period beginning with IP completion day and ending with the end of the relevant period; and

• (b) the labelling of the specified product would not have constituted a failure to comply with those provisions of FIC as they had effect in EU law immediately before IP completion day.

• (5) Wine products to which paragraph (4) applies may continue to be marketed until stocks are exhausted.

• (6) Other products to which paragraph (4) applies may continue to be marketed until the end of the relevant period.

• (7) In this regulation—

• “improvement notice” means an improvement notice pursuant to regulation 12(1);

• “relevant period” means the period of three years beginning with the day after the day on which IP completion day falls;

• “specified product” means an individually identifiable product, including a wine product, bearing an indication listed in point 5, 6 or 7 of Annex 10 to Commission Implementing Regulation (EU) No 668/2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs as that Regulation had effect in EU law immediately before IP completion day;

• “wine product” means a product to which Part 2 of Annex 7 to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products as that Regulation had effect in EU law immediately before IP completion day applies.

Foods that are prepacked for direct sale – duty to list ingredients

5A

• (1) A food business operator who offers for sale a food to which this regulation applies must provide directly on the package or on a label attached to the package the particulars required by—

• (a) Article 9(1)(b) (list of ingredients), as read with—

• (i) Article 13(1) to (3), as read with any regulations made under Article 13(4),

• (ii) Article 15,

• (iii) Article 16(2), so far as it relates to the particulars required by Article 9(1)(b),

• (iv) Article 17, as read with Parts A and C of Annex 6 and, in the case of an ingredient using a minced meat designation as a name, the following points of Part B of Annex 6—

• (aa) point 1, and

• (bb) point 3, as read with regulation 4 and Schedule 2,

• (v) Article 18, as read with Annex 7 and paragraph (1)(a)(iv) of this regulation,

• (vi) Article 19(1), as read with any regulations made under Article 19(2), and

• (vii) Article 20;

• (b) Article 9(1)(c) (labelling of certain substances or products causing allergies or intolerances), as read with Article 21(1) and Annex 2.

• (2) This regulation applies to a food that—

• (a) is offered for sale to a final consumer or to a mass caterer otherwise than by means of distance communication, and

• (b) is prepacked for direct sale.

Foods that are not prepacked etc. – general requirement to name them

Foods that are prepacked for direct sale – general requirement to name them

6A

• (1) A food business operator who offers for sale a food to which this regulation applies must provide the particulars required by Article 9(1)(a) (the name of the food), as read with—

• (a) Article 17(1) and (4),

• (b) Part A of Annex 6, and

• (c) in the case of a food offered for sale using a minced meat designation as a name—

• (i) Article 17(5),

• (ii) point 1 of Part B of Annex 6, and

• (iii) point 3 of Part B of Annex 6, as read with regulation 4 and Schedule 2.

• (2) This regulation applies to a food that—

• (a) is offered for sale to a final consumer or to a mass caterer, and

• (b) is prepacked for direct sale.

• (3) The particulars in paragraph (1) must be provided directly on the package or on a label attached to the package, except in the case of an offer for sale made by means of distance communication.

Foods that are not prepacked etc. containing meat and other ingredients

Irradiated foods

Enforcement

Offence

Penalty

Application of provisions of the Act

Revocations

Consequential and other minor amendments to statutory instruments

Review

Transitional provisions: withdrawal from the EU

Transitional provision: the Trade and Cooperation Agreement

17

• (1) An authorised officer of an enforcement authority must not serve an improvement notice under section 10(1) of the Food Safety Act 1990 as it applies, by virtue of regulation 12(1), to these Regulations (as modified by regulation 12(1) and Part 1 of Schedule 4), in respect of EU Annex 15 wine (including EU Annex 15 wine labelled on or after 1st May 2021) that is placed on the market in England—

• (a) by a wholesaler or producer during the period beginning on 1st January 2022 and expiring on 1st May 2023;

• (b) by a retailer on or after 1st January 2022.

• (2) In this regulation—

• (a) “EU Annex 15 wine” means wine—

• (i) to which Article 5 (transitional measures) of Annex 15 (trade in wine) to the Trade and Cooperation Agreement, as read with Article 1(1) (scope) of that Annex, applies, and

• (ii) that is imported into Great Britain from a member State;

• (b) “the Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020.

• (3) In this regulation, “placed on the market” is to be construed taking into account the definition of “placing on the market” in point 8 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council.