Explanatory note

These Regulations, which apply to Scotland only, further amend the Food Labelling (Scotland) Regulations 1984 (“the principal Regulations”). They continue to implement Articles 3 and 9a of Council Directive No 79/112/EEC (OJ No L33, 8.2.79,p.1) on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as last amended by Council Directive 89/395/EEC (OJ No L186, 30.06.89, p.17). The Regulations introduce requirements for a “use by” date for microbiolog ically highly perishable foodstuffs (regulations 3 to 5), subject to certain exceptions (regulations 6 and 7). They provide for particulars in trade documents, minor consequential amendments, for new offences and for a defence in case of alteration of the appropriate durability indication (regulations 8 to 11). They also restrict the use of the description “low alcohol” (or any other word or description implying a low alcohol content) to alcoholic drinks having an alcoholic strength by volume of not more than 1.2%, with transitional provisions for drinks pre-packed and labelled before the coming into force of these Regulations (regulations 12 and 13).

The Regulations come into force on 1st January 1991 but existing provisions permitting the use of the “sell by” date are revoked on 1st April 1991, thus permitting their continuation until the end of March 1991.