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The Bread and Flour Regulations 1998

S.I. 1998/141 · Made 22 January 1998 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2025.

FOOD

Made 22nd January 1998

Laid before Parliament 28th January 1998

Coming into force 19th February 1998

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1), 18(1)(c), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990M1 and of all other powers enabling them in that behalf, after consultation in accordance with section 48(4) of that Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations, hereby make the following Regulations:

Annotations to the whole text

Textual amendments

F1

Regulations revoked (W.) (19.2.2025) by The Bread and Flour (Wales) Regulations 2025 (S.I. 2025/88), regs. 1(2), 14 (with regs. 15, 16)

Marginal citations

M1

1990 c. 16; “the Ministers" is defined in section 4(1) of the Act. Section 6(4) of the Act was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40).

Contents

  1. 1Title and commencement
  2. 2Interpretation
  3. 3Exemptions
  4. 4Composition of flour
  5. 5Additional ingredients
  6. 6Restrictions on the use of the words 'wholemeal’ and 'wheat germ’
  7. 7Offences and penalties Repealed
  8. 8Enforcement
  9. 9Defence in relation to exports Repealed
  10. 10Application of various sections of the Act
  11. 10ATransitional provisions
  12. 11Amendments Repealed
  13. 12Revocations
  14. Signature
  15. Schedule 1ESSENTIAL INGREDIENTS OF FLOUR
  16. Schedule 1Essential Ingredients of Flour
  17. Schedule 2: SPECIFICATION FOR IRON POWDER
  18. Definition
  19. Description
  20. Assay
  21. Solubility
  22. Schedule 3INGREDIENTS PERMITTED IN FLOUR AND BREAD Repealed
  23. Schedule 4REVOCATIONS
  24. Schedule 5Application and modification of provisions of the Act
  25. Explanatory note

1Title and commencementF1

These Regulations may be cited as the Bread and Flour Regulations 1998 and shall come into force on 19th February 1998.

2InterpretationF1

(1)

In these Regulations, unless the context otherwise requires—

  • “the Act" means the Food Safety Act 1990;

  • “bread" means a food of any size, shape or form which—

    1. (a)

      is usually known as bread, and

    2. (b)

      consists of a dough made from flour and water, with or without other ingredients, which has been fermented by yeast or otherwise leavened and subsequently baked or partly baked,

    but does not include buns, bunloaves, chapatis, chollas, pitta bread, potato bread or bread specially prepared for coeliac sufferers;

  • F2“common wheat” means Triticum aestivum L.;

  • F3...

  • ...

  • “enzyme preparation" means any food additive which consists of one or more enzymes with or without the addition of supplementary material to facilitate the storage, sale, standardisation, dilution or dissolution of the enzyme or enzymes;

  • “flour" means the product which is derived from, or separated during, the milling or grinding of cleaned cereal whether or not the cereal has been malted or subjected to any other process, and includes meal, but does not include other cereal products, such as separated cereal bran, separated cereal germ, semolina or grits;

  • “flour bleaching agent" means any food additive primarily used to remove colour from flour;

  • F4...

  • “food additive" has the meaning assigned to it by F5Article 3(2)(a) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives F6Article 3(2)(a) of Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives F7as last amended by Commission Regulation (EU) 2018/1497;

  • “food authority" does not include—

    1. (a)

      the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change;

    2. (b)

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

  • “ingredient" has the meaning assigned to it by F8Article 2(2)(f) of Regulation (EU) No 1169/2011;

  • “labelling" has the meaning assigned to it by F9Article 2(2)(j) of Regulation (EU) No 1169/2011;

  • F10...

  • F11...

  • F12“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 F13, as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods;

  • “sell" includes offer or expose for sale and includes have in possession for sale, and “sale" shall be construed accordingly.

  • F14“third country” means any country, other than the United Kingdom, and includes—

    1. (a)

      the Bailiwick of Guernsey;

    2. (b)

      the Bailiwick of Jersey;

    3. (c)

      the Isle of Man.

  • F15“wholemeal flour” means the flour consisting of the whole of the product obtained from the milling or grinding of cleaned cereals.

(2)

Any reference in these Regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation of, or Schedule to, specified regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.

3ExemptionsF1E1 E+W

(1)

These Regulations, except in so far as they relate to advertising, shall not apply to any food which is not intended for sale for human consumption.

(F22)

These Regulations do not apply in respect of—

(a)

any bread produced in England which is to be exported to a third country;

(b)

any flour produced in England which is—

(i)

to be exported to a third country, or

(ii)

for use in the production of food that is to be exported to a third country;

(c)

any flour imported into England from a third country (directly or indirectly) which—

(i)

was lawfully produced and sold in that third country, and

(ii)

is for use in England for the production of food that is to be exported to a third country,

which is suitably labelled to give the nature of the bread or flour.

F3(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Composition of flourF1E1 E

(1)

Subject to F2paragraphs (1A) and (2) below, flour derived from F3common wheat and from no other cereal, whether or not mixed with other flour, shall contain the substances specified in column 1 of Schedule 1 in accordance with the proportions and conditions prescribed in column 2 of that Schedule and with Schedule 2.

(F41A)

The requirements specified in paragraph (1) shall not apply to—

(a)

wholemeal flour; or

(b)

flour produced by a small mill which is a production site which has—

(i)

a maximum annual production capacity of 500 metric tonnes of flour, and

(ii)

produced less than 500 metric tonnes of flour for each of the last three calendar years.

(2)

The requirements specified for item 1 in column 2 of Schedule 1 shall not apply in the case of—

F5(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

self-raising flour which has a calcium content of not less than 0.2 per cent, and

(c)

wheat malt flour.

(F63)

The substances specified in items 2-4 of Schedule 1 shall be added where such addition is necessary in accordance with the conditions prescribed in column 2 of that Schedule.

(4)

Subject to paragraph (5) below—

(a)

no manufacturer of flour shall sell any flour which does not comply with this regulation; and

(b)

no F7person shall—

(i)

F8import or move into England any flour, or

(ii)

sell any flour imported F9or moved by him,

which does not comply with this regulation.

(5)

Paragraph (4) above shall not apply as respects any sale F10importation or movement into England of flour for use in the manufacture of communion wafers, matzos, gluten, starch or any concentrated preparation for use for the purpose of facilitating the addition to flour of the substances referred to in Schedule 1.

5Additional ingredientsF1

(F21)

No person shall use as an ingredient in the preparation of flour or bread any flour bleaching agent.

F3(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Restrictions on the use of the words 'wholemeal’ and 'wheat germ’F1

(1)

There shall not be used in the labelling or advertising of bread, as part of the name of the bread, whether or not qualified by other words—

(a)

the word 'wholemeal’ unless all the flour used as an ingredient in the preparation of the bread is wholemeal;

(b)

the word 'wheat germ’ unless the bread has an added processed wheat germ content of not less than 10 per cent calculated on the dry matter of the bread.

(2)

No person shall sell or advertise for sale any bread in contravention of this regulation.

7Offences and penaltiesF2E1F1 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8EnforcementF1

Each food authority shall enforce and execute these Regulations in its area.

9Defence in relation to exportsF2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Application of various sections of the ActF1E1 W+S

The following provisions of the Act shall apply for the purposes of these Regulations and unless the context otherwise requires any reference in them to the Act or Part thereof shall be construed as a reference to these Regulations—

(a)

section 2 (extended meaning of 'sale’ etc.);

(b)

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

(c)

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

(d)

section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;

(e)

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

(f)

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

(g)

section 33 (obstruction etc. of officers);

(h)

section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2) as applied by paragraph (g) above;

(i)

section 36 (offences by bodies corporate); and

(j)

section 44 (protection of officers acting in good faith).

10ATransitional provisionsF1F2

An authorised officer of a food authority must not serve an improvement notice under section 10(1) of the Act, as applied and modified by regulation 10 and Schedule 5, if—

(a)

the improvement notice would relate to a product that was placed on the market or labelled before 13th December 2026; and

(b)

the matters constituting the alleged contravention would not have constituted an offence under the Bread and Flour Regulations as they applied immediately before 13th December 2026.

11AmendmentsF2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12RevocationsF1

The Regulations specified in column 1 of Schedule 4 are hereby revoked to the extent specified in column 3 of that Schedule.

Signature

F1 Jeff Rooker

Minister of State, Ministry of Agriculture, Fisheries and Food

Signed by authority of the Secretary of State for Health

Tessa Jowell

Minister of State for Public Health,

Department of Health

Signed by authority of the Secretary of State for Wales

Win Griffiths

Parliamentary Under Secretary of State, Welsh Office

Sewel

Parliamentary Under Secretary of State, Scottish Office

Schedule 1ESSENTIAL INGREDIENTS OF FLOURE1F1 W+S

Column 1Column 2
SubstanceRequired quantity, in milligrams per hundred grams of flour, and conditions of use

1.Calcium carbonate

(a)not less than 235, and

(b)not more than 390,

(c)conforming to the following—

Description....................Fine white microcrystalline or amorphous powder
Content....................Not less than 97 per cent of CaCO3 on a volatile matter-free basis
Volatile matter....................Not more than 1 per cent (determined by drying at 105°C to constant weight)

Matter insoluble in hydrochloric acid

Shall comply with the requirement for aluminium, iron, phosphate and matter insoluble in hydrochloric acid in the monograph for chalk in the British Pharmacopoeia 1973 at page 93

Arsenic....................Not more than 5 mg per kg
Lead....................Not more than 20 mg per kg
Other inorganic impurities....................Not more than 100 mg per kg of any of the following substances, namely antimony, copper, chromium, zinc or barium sulphate, or more than 200 mg per kg of any combination of those substances
Particle size....................Not more than 0.1 per cent to remain on a sieve of nominal aperture size 150μm and not more than 0.2 per cent to remain on a sieve of nominal aperture size 63μm.
Column 1Column 2
SubstanceRequired quantity, in milligrams per hundred grams of flour, and conditions of use

2.Iron

(a)not less than 1.65

(b)in the form of any, or any combination of two or more, of the following—

(i)ferric ammonium citrate conforming to the criteria in the monograph for ferric ammonium citrate contained in the British Pharmacopoeia 1973 at page 201;

(ii)green ferric ammonium citrate conforming to the criteria for ammonium ferric citrate contained in the British Pharmaceutical Codex 1973 at page 194;

(iii)ferrous sulphate conforming to the criteria in the monograph for ferrous sulphate contained in the British Pharmacopoeia 1988 at page 245;

(iv)dried ferrous sulphate conforming to the criteria in the monograph for dried ferrous sulphate contained in the British Pharmacopoeia 1988 at page 245;

(v)iron powder conforming to the description, specification and requirements contained in Schedule 2.

3.Thiamin (Vitamin B1)

(a)not less than 0.24

(b)in a form conforming to the criteria in the monograph for thiamine hydrochloride contained in the British Pharmacopoeia 1980 at page 451.

4.Nicotinic acid

(a)not less than 1.60

(b)in a form conforming to the criteria in the monograph for nicotinic acid contained in the British Pharmacopoeia 1973 at page 318

or

Nicotinamide

(a)not less than 1.60

(b)in a form conforming to the criteria in the monograph for nicotinamide contained in the British Pharmacopoeia 1980 at page 303.

Schedule 1Essential Ingredients of FlourE1F1F2 E

Column 1

Substance

Column 2

Required quantity, in milligrams per hundred grams of flour, and conditions of use

(1)Calcium carbonate

(a) not less than 300, and

(b) not more than 455,

(c) conforming with the criteria for E 170 calcium carbonate in the Annex to Commission Regulation (EU)231/2012 laying down specifications for food additives listed in Annexes 2 and 3 to Regulation (EC) No 1333/2008 of the European Parliament and of the Council.

(2)Iron

(a) not less than 2.10,

(b) in the form of any, or any combination of two or more, of the following—

(i) ferric ammonium citrate conforming to the criteria in the monograph for ferric ammonium citrate contained in the British Pharmacopoeia 1973 at page 201;

(ii) ferrous sulphate conforming to the criteria in the monograph for ferrous sulphate heptahydrate contained in the British Pharmacopoeia 2023 at page I-1037;

(iii) dried ferrous sulphate conforming to the criteria in the monograph for dried ferrous sulphate contained in the British Pharmacopoeia 2023 at page I-1036;

(iv) iron powder conforming to the description, specification and requirements contained in Schedule 2.

(3)Thiamin (Vitamin B1)

(a) not less than 0.24,

(b) in a form conforming to the criteria in the monograph for thiamin hydrochloride contained in the British Pharmacopoeia 2023 at page II-1129.

(4)Niacin

(a) not less than 2.40,

(b) in a form conforming to the criteria in the monograph for nicotinic acid contained in the British Pharmacopoeia 2023 at page II-404, or in a form conforming to the criteria in the monograph for nicotinamide contained in the British Pharmacopoeia 2023 at page II-399.

(5)Folic Acid

(a) 0.250,

(b) in the form of pteroylmonoglutamic acid conforming to the criteria in the monograph for folic acid hydrate contained in the British Pharmacopoeia 2023 at page I-1110

DefinitionF1

Iron powder shall consist essentially of finely-divided metallic iron containing not less than 90 per cent by weight of iron and conform to the following requirements.

Chemical nameIron
SymbolFe

DescriptionF1

Fine greyish-black powder of such granularity that not more than 0.1 per cent by weight shall remain on a British Standard 410:1969 wire sieve nominal aperture size 150μm and not more than 5 per cent by weight on a British Standard 410:1969 wire sieve nominal aperture size 53μm.

AssayF1

Accurately weigh 0.25 g of sample into a stoppered flask. Add a hot solution of 1.25 g of copper sulphate pentahydrate in 20 ml of water and shake for ten minutes. Filter rapidly and wash the filter with water; acidify the mixed filtrate and washings with sulphuric acid, and titrate with N/10 potassium permanganate. Each ml of N/10 potassium permanganate is equivalent to 0.005585 g of iron.

SolubilityF1

Not less than 95 per cent of the iron content when determined by the following method.

Accurately weigh 0.1 g of sample into a 750 ml conical flask. Add 450 ml 0.2 per cent weight in weight hydrocholoric acid previously warmed to 37°C. Stir continuously for three hours, maintaining the temperature at 37°C. Cool to room temperature and dilute to 500 ml with distilled water. Filter; determine the iron content of the filtrate by a suitable method. Calculate the total iron in solution as a percentage of the metallic iron content of the sample taken.

Schedule 3INGREDIENTS PERMITTED IN FLOUR AND BREADF1F2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 4REVOCATIONSF1

Column 1Column 2Column 3
Regulations RevokedReferencesExtent of Revocation
The Bread and Flour Regulations 1995S.I. 1995/3202The whole Regulations
The Food Labelling Regulations 1996S.I. 1996/1499Paragraph (22) of regulation 49
The Bread and Flour (Amendment) Regulations 1996S.I. 1996/1501The whole Regulations

Schedule 5Application and modification of provisions of the ActF1F2 E+W

Column 1

Provision of the Act

Column 2

Modifications

Section 3 (presumptions that food intended for human consumption)In subsection (1), for “this Act” substitute “the Bread and Flour Regulations 1998”.
Section 10(1) and (2) (improvement notices)

For subsection (1) (improvement notices) substitute—

“(1) If an authorised officer of a food authority has reasonable grounds for believing that a person is failing to comply with any of regulations 4 to 6 of the Bread and Flour Regulations 1998, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—

(a) state the officer’s grounds for believing that the person is failing to comply with the relevant provision;

(b) specify the matters which constitute the person’s failure so to comply;

(c) specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and

(d) require the person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.

(1A) If an authorised officer of a food authority has reasonable grounds for believing that a person is failing to comply with regulation 4(4) of the Bread and Flour Regulations 1998 due to an act or default of some other person, the authorised officer may, by a notice served on that other person (in this Act referred to as an “improvement notice”)—

(a) state the officer’s grounds for believing there has been a failure to comply with regulation 4(4);

(b) specify the matters which constitute the act or default which have caused the failure so to comply;

(c) specify the measures which, in the officer’s opinion, the person served must take in order to secure compliance; and

(d) require that person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.”.

Section 20 (offences due to fault of another person)For “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998,”.
Section 21(1) and (5) (defence of due diligence)In subsection (1), for “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998”.
Section 30(8) (evidence of certificates given by a food analyst or examiner)For “this Act” substitute “the Bread and Flour Regulations 1998”.
Section 33 (obstruction etc. of officers)In subsection (1), for “this Act” (in each place occurring) substitute “the Bread and Flour Regulations 1998”.
Section 35(1) and (2) (punishment of offences)

In subsection (1), after “section 33(1) above”, insert “, as applied and modified by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998”.

After subsection (1), insert—

“(1A) A person guilty of an offence under section 10(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998 shall be liable, on summary conviction, to a fine.”.

In subsection (2) for “any other offence under this Act” substitute “an offence under section 33(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998,”.

Section 36 (offences by body corporate)In subsection (1), for “this Act” substitute “section 10(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998.”.
Section 36A (offences by Scottish partnerships) For “this Act” substitute “section 10(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998,”.
Section 37(1) and (6) (appeals)

For subsection (1) substitute—

“(1) Any person who is aggrieved by a decision of an authorised officer of a food authority to serve an improvement notice under section 10(1), as applied and modified by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998, may appeal to the First-tier Tribunal.”.

In subsection (6)—

(a) for “(3) or (4)” substitute “(1)”, and

(b) in paragraph (a), for “a magistrates’ court or to the sheriff” substitute “the First-tier Tribunal”.

Section 39 (appeals against improvement notices)

For subsection (1) substitute—

“(1) On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998, the First-tier Tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the First-tier Tribunal may in the circumstances think fit.”.

In subsection (3), omit “for want of prosecution”.

Section 44 (protection of officers acting in good faith)For “this Act” (in each place occurring) substitute “the Bread and Flour Regulations 1998”.

Explanatory note

F1 (This note is not part of the Regulations)

These Regulations revoke and replace the Bread and Flour Regulations 1995 (“the 1995 Regulations").

These Regulations—

(a)

provide for exemptions from the Regulations (regulation 3);

(b)

require that wheat flour (subject to certain exceptions) be fortified with specified essential ingredients (regulation 4, Schedules 1 and 2);

(c)

restrict the use of specified ingredients in the preparation of flour and bread and require that an indication of the presence of a flour treatment agent be given in the case both of prepacked and of non-prepacked bread (regulation 5, Schedule 3);

(d)

reserve the names 'wholemeal’ and 'wheat germ’ for bread which complies with specified compositional requirements and prohibit the sale or advertising for sale using these names of bread which does not comply with the compositional requirements (regulation 6);

(e)

create offences and prescribe penalties (regulation 7);

(f)

specify the enforcement authorities (regulation 8);

(g)

provide a defence in relation to exports in implementation of Article 2 and 3 of, as read with the ninth recital to, Council Directive 89/397/EEC (O.J. No. L186, 30.6.89, p. 23) on the official control of foodstuffs (regulation 9);

(h)

apply various sections of the Food Safety Act 1990 (regulation 10); and

(i)

amend and revoke specified Regulations (regulations 11 and 12).

The British Pharmacopoeia 1973, 1980 and 1988 and the British Pharmaceutical Codex 1973, referred to in Schedule 1 may be inspected at the British Library Lending Division Boston Spa, Wetherby, West Yorks LS23 7BQ, Tel. 01937 546 060 and by appointment at the library of the Ministry of Agriculture, Fisheries and Food, 3 Whitehall Place, London SW1A 2HH, Tel. 0171-270 8419.

In addition the British Pharmacopoeia 1973, 1980 and 1988 may be inspected at the Erskine Medical Library, University of Edinburgh, Hugh Robson Building, George Square, Edinburgh EH8 9XE, Tel. 0131-650 3685. The British Pharmaceutical Codex 1973 may be inspected at the National Library of Scotland, the Lending Division, 33 Salisbury Place, Edinburgh EH9 1SL, Tel. 0131-226 4531 Ext. 3329.