Article 39 National measures on additional mandatory particulars
United Kingdom
In addition to the mandatory particulars referred to in Article 9(1) and in Article 10, F1nothing in this Regulation prevents the appropriate authority from making type A or B regulations requiring additional mandatory particulars for specific types or categories of foods, justified on grounds of at least one of the following:
F2in the case of type A regulations, the protection of public health;
F3in the case of type A or B regulations, the protection of consumers;
F4in the case of type A or B regulations, the prevention of fraud;
F5in the case of type A regulations, the protection of industrial and commercial property rights, indications of provenance, registered designations of origin and the prevention of unfair competition.
By means of F6type A regulations referred to in paragraph 1, the appropriate authority may introduce measures concerning the mandatory indication of the country of origin or place of provenance of foods only where there is a proven link between certain qualities of the food and its origin or provenance. F7It is a condition of making such regulations that the appropriate authority considers that the majority of consumers in the territory to which the measures would apply attach significant value to the provision of that information.
Annotations
Textual amendments
- F1
Words in Art. 39(1) substituted (31.12.2020) by The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(20)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 39(1)(a) inserted (31.12.2020) by The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(20)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 39(1)(b) inserted (31.12.2020) by The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(20)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 39(1)(c) inserted (31.12.2020) by The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(20)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in Art. 39(1)(d) inserted (31.12.2020) by The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(20)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Words in Art. 39(2) substituted (31.12.2020) by The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(20)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F7
Words in Art. 39(2) substituted (31.12.2020) by The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(20)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)