1 Title, application and commencement

These Regulations may be cited as the Food Labelling (Declaration of Allergens) (England) Regulations 2007, apply in relation to England only and come into force on 23rd December 2007.

NOTES
Initial Commencement
Specified date

Specified date: 23 December 2007: see above.

2 Amendment of the Food Labelling Regulations 1996

2Amendment of the Food Labelling Regulations 1996

(1)    The Food Labelling Regulations 1996 are amended (in so far as they apply in relation to England) in accordance with paragraphs (2) and (3).

(2)    In regulation 50 (transitional provision), after paragraph (13) insert the following—

“(14)    In any proceedings for an offence under regulation 44(1)(a) it shall be a defence to prove that—

(a)    the food concerned was sold before 23 December 2008 or marked or labelled before that date; and

(b)    the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2(3) of the Food Labelling (Declaration of Allergens) (England) Regulations 2007 had not been in operation when the food was sold.” .

(3)    In Schedule AA1 (allergenic ingredients)—

(a)    after paragraph 2 insert “2(a) Molluscs”;

(b)    after paragraph 6 insert “6(a) Lupin”.

NOTES
Initial Commencement
Specified date

Specified date: 23 December 2007: see reg 1.

Signature

Signed by authority of the Secretary of State for Health

Dawn Primarolo

Minister of State,

Department of Health

21st November 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

1    These Regulations further amend the Food Labelling Regulations 1996 (SI 1996/1499) (“the principal Regulations”) in so far as they apply in relation to England. The principal Regulations extend to the whole of Great Britain.

2    These Regulations implement in England Commission Directive No 2006/142/EC (OJ No L368, 23.12.2006, pp.110–111) amending Annex IIIa of Directive 2000/13/EC of the European Parliament and of the Council listing the ingredients which must under all circumstances appear on the labelling of foodstuffs. Two new ingredients are added to that list.

3    A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Labelling, Standards and Additives Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.