# The Food Labelling (Declaration of Allergens) (England) Regulations 2007

S.I. 2007/3256 · made 21 November 2007

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

PDFs: Printed copy https://openlegislation.uk/food-labelling-declaration-of-allergens-england-regulations-2007/pdf/uksi_20073256_en.pdf; Explanatory Memorandum https://openlegislation.uk/food-labelling-declaration-of-allergens-england-regulations-2007/pdf/uksiem_20073256_en.pdf

## Introductory text

food, england
Made 21st November 2007
Laid before Parliament 28th November 2007
Coming into force 23rd December 2007
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1)(e), 17(1), 26(1)(a) and 48(1) of the Food Safety Act 1990, and now vested in him.
In accordance with section 48(4A) of that Act, he has had regard to relevant advice given by the Food Standards Agency.
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, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

## 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.

## 2 Amendment 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”.

## Signature

Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State,
Department of Health
21st November 2007

## Explanatory note

(This note is not part of the Regulations)
1 These Regulations further amend the Food Labelling Regulations 1996 (S.I. 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.

---
Source: https://www.legislation.gov.uk/uksi/2007/3256 (the official version)
Page: https://openlegislation.uk/food-labelling-declaration-of-allergens-england-regulations-2007
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.