(1)    The title of these Regulations is the Food Labelling (Declaration of Allergens) (Wales) Regulations 2009 and they come into force on 20 November 2009.

(2)    These Regulations apply in relation to Wales.

(1)    The Food Labelling Regulations 1996 are amended in accordance with paragraph (2).

(2)    In regulation 50 (transitional provision), for paragraph (15) substitute the following—

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

(a)    in the case of—

(i)    wine in which lysozyme is used, or in which albumin (produced from egg) or a milk (casein) product has been used as a fining agent, the food concerned was sold before 31 December 2010 or marked or labelled before that date, or

(ii)    any other food, the food concerned was sold before 31 May 2009 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 of the Food Labelling (Declaration of Allergens) (Wales) Regulations 2009 had not been in operation when the food was sold.”.

Regulation 2(6) of the Food Labelling (Declaration of Allergens) (Wales) Regulations 2008 is revoked.

Gwenda Thomas

Deputy Minister for Social Services, under authority of the Minster for Health and Social Services, one of the Welsh Ministers

27 October 2009

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

These Regulations implement in Wales the amendment made to Directive 2007/68/EC (OJ No L 310, 28.11.2007, p 11) by Commission Regulation No 415/2009/EC (OJ No L 125, 21.05.2009, p 52). This Directive itself amends Annex IIIa to Directive 2000/13/EC of the European Parliament and of the Council as regards certain food ingredients (OJ No L 109, 6.5.2000, p 29). The ingredients in question are those that are likely to cause an allergic reaction in some consumers.

The Regulations amend the principal Regulations in respect of the labelling requirements for foods containing allergenic ingredients, including labelling exemptions for certain processed forms of those ingredients, by extending from 31 May 2009 to 31 December 2010 the transitional period for egg-derived lysozyme and for albumin (produced from egg) or milk (casein) products when used as fining agents in wine, in respect of wines that are marked, labelled or sold before that date.