# The Food Labelling Amendment (No. 2) (Scotland) Regulations 2005

S.S.I. 2005/456 · made 15 September 2005 · revised to 15 September 2005

These Regulations, which extend to Scotland only, amend the Food Labelling Regulations 1996 (“the principal Regulations”), which extend to the whole of Great Britain. They implement in Scotland Commission Directive 2005/26/EC establishing a list of food ingredients or substances provisionally excluded from Annex IIIa of Directive 2000/13/EC of the European Parliament and of the Council (O.J. No. L 75, 22.3.05, p.33).

Made under: Food Safety Act 1990 (Section 6, Section 16, Section 17, Section 26, Section 48)

PDFs: Printed copy https://openlegislation.uk/food-labelling-amendment-no-2-scotland-regulations-2005/pdf/ssi_20050456_en.pdf; Executive Note https://openlegislation.uk/food-labelling-amendment-no-2-scotland-regulations-2005/pdf/ssien_20050456_en.pdf

## Introductory text

FOOD
Made 15th September 2005
Laid before the Scottish Parliament 20th September 2005
Coming into force 25th November 2005
The Scottish Ministers, in exercise of the powers conferred by sections 6(4), 16(1)(e) and (f), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990 and of all other powers enabling them in that behalf, having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, hereby make the following Regulations:

## 1 Citation, commencement and extent

(1) These Regulations may be cited as the Food Labelling Amendment (No. 2) (Scotland) Regulations 2005 and come into force on 25th November 2005.
(2) These Regulations extend to Scotland only.

## 2 Amendment of the Food Labelling Regulations 1996

The Food Labelling Regulations 1996 are amended in accordance with regulations 3 to 7.

## 3 Amendment of the Food Labelling Regulations 1996

In regulation 2(1) (interpretation), in the definition of “Directive 2000/13”, for the words from “and Commission Directive 2002/67/EC” to the end, substitute “, Commission Directive 2002/67/EC on the labelling of foodstuffs containing quinine and of foodstuffs containing caffeine and Commission Directive 2005/26/EC establishing a list of food ingredients or substances provisionally excluded from Annex IIIa of Directive 2000/13/EC”.

## 4 Amendment of the Food Labelling Regulations 1996

For regulation 13(8)(c) (order of list of ingredients), substitute–
“(c) are not–
(i) additives;
(ii) allergenic ingredients; or
(iii) ingredients originating from an allergenic ingredient referred to in paragraphs 1 to 11 of Schedule AA1, other than, until 25th November 2007, ingredients which originate from an allergenic ingredient and are listed in column 2 of Schedule 2A in relation to that allergenic ingredient; and”.

## 5 Amendment of the Food Labelling Regulations 1996

In regulation 34B (foods containing allergenic ingredients or ingredients originating from allergenic ingredients)–
(a) in paragraph (1), for “Subject to paragraph (2)” substitute “Subject to paragraphs (2) and (3)”;
(b) at the beginning of paragraph (2)(b), insert “subject to paragraph (3),”; and
(c) at the end, insert–
“(3) Paragraphs (1) and (2)(b) shall not apply before 25th November 2007 in respect of any ingredient which originates from an allergenic ingredient and is listed in column 2 of Schedule 2A in relation to that allergenic ingredient.”.

## 6 Amendment of the Food Labelling Regulations 1996

In regulation 50(12)(b) (transitional provision), after “2004”, insert “(as read with the Food Labelling Amendment (No. 2) (Scotland) Regulations 2005)”.

## 7 Amendment of the Food Labelling Regulations 1996

After Schedule 2 (indications of treatment), insert as Schedule 2A the contents of the Schedule to these Regulations.

## Signature

LEWIS MACDONALD
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
15th September 2005

## SCHEDULE 2A TO BE INSERTED IN THE FOOD LABELLING REGULATIONS 1996

“SCHEDULE 2A
LIST OF INGREDIENTS WHICH ORIGINATE FROM ALLERGENIC INGREDIENTS AND IN RESPECT OF WHICH THE ALLERGEN LABELLING REQUIREMENTS DO NOT APPLY
Regulations 13(8)(c) and 34B(3)
Column 1
Column 2
Allergenic ingredient
Exempt ingredients originating from allergenic ingredient
Cereals containing gluten
Wheat based glucose syrups including dextrose.1
Wheat based maltodextrins.1
Glucose syrups based on barley.
Cereals used in distillates for spirits.
Eggs
Lysozym (produced from egg) used in wine.
Albumin (produced from egg) used as fining agent in wine and cider.
Fish
Fish gelatine used as carrier for vitamins and flavours.
Fish gelatine or Isinglass used as fining agent in beer, cider and wine.
Soybean
Fully refined soybean oil and fat.1
Natural mixed tocopherols (E306), natural D alpha tocopherol, natural D alpha tocopherol acetate, natural D alpha tocopherol succinate from soybean sources.
Phytosterols and phytosterol esters derived from vegetable oils obtained from soybean sources.
Plant stanol ester produced from vegetable oil sterols from soybean sources.
Milk
Whey used in distillates for spirits.
Lactitol.
Milk (casein) products used as fining agents in cider and wines.
Nuts
Nuts used in distillates for spirits.
Almonds and walnuts used as flavour in spirits.
Celery
Celery leaf and seed oil.
Celery seed oleoresin.
Mustard
Mustard oil.
Mustard seed oil.
Mustard seed oleoresin.
Note
1 And their products, in so far as the process that they have undergone is not likely to increase the level of allergenicity assessed by the European Food Safety Authority for the relevant product from which they originated.”

## Explanatory note

(This note is not part of the Regulations)
These Regulations, which extend to Scotland only, amend the Food Labelling Regulations 1996 (“the principal Regulations”), which extend to the whole of Great Britain. They implement in Scotland Commission Directive 2005/26/EC establishing a list of food ingredients or substances provisionally excluded from Annex IIIa of Directive 2000/13/EC of the European Parliament and of the Council (O.J. No. L 75, 22.3.05, p.33).
These Regulations–
(a) confer an exemption until 25th November 2007 from the allergen labelling requirements in regulation 34B(1) and (2)(b) of the principal Regulations in the case of certain ingredients originating from allergenic ingredients (regulations 5 and 7 and the Schedule);
(b) make some consequential amendments (regulations 4 and 6); and
(c) update the definition of “Directive 2000/13/EC” (regulation 3).
A Regulatory Impact Assessment of the effect which these Regulations would have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards, Labelling and Composition Branch, Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.

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Source: https://www.legislation.gov.uk/ssi/2005/456 (the official version)
Page: https://openlegislation.uk/food-labelling-amendment-no-2-scotland-regulations-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.