# The Food (Lot Marking) Regulations 1996, Regulation 4: Exceptions for particular types of sale and sales units

Extent: E+W+S

(1) Regulation 3 above shall not apply to the following—
(a) a sale of an agricultural product which, on leaving the holding of its production—
(i) is sold or delivered to a temporary storage, preparation or packaging station, or to a producer’s organisation; or
(ii) is collected for immediate integration into an operational preparation or processing system;
(b) a sale to the ultimate consumer of food where the food is not prepacked, is packed at the request of the purchaser or is prepacked for immediate sale;
(c) a sales unit of food which is in a container the area of the largest side of which is less than 10 square centimetres;
(d) a sales unit of food which is prepacked, sold as an individual portion for immediate consumption and which is intended as a minor accompaniment to either another food or another service;
(e) a sales unit of an individual portion of an ice cream supplied to its seller in bulk packaging containing more than one such portion and bearing the lot marking indication which that portion would, but for this paragraph, have been required to bear;
(f) a sale after these Regulations come into force—
(i) of a sales unit marked or labelled before 1 July 1992; or
(ii) of a sales unit before 1 January 1997 in a glass bottle intended for re-use which is indelibly marked and therefore bears no label, ring or collar;
(g) a sales unit of food which is marked or labelled with the date of minimum durability or “use by” date which consists at least of the uncoded indication of the day and month in that order, whether or not Regulation (EU) No 1169/2011 requires it to be so marked or labelled;
(h) a sales unit of food that is a qualifying Northern Ireland good within the meaning given to it from time to time in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018; and
(i) a sales unit of EU Annex 15 wine that complies with the provisions of Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs, as implemented in either of the following—
(aa) the member State from which it was exported into Great Britain;
(bb) if exported from a member State into Great Britain having been labelled in a different member State, the member State in which it was so labelled.
(2) In this regulation—
(a) “EU Annex 15 wine” means wine—
(i) to which the first sentence of Article 4(3) (lot codes) of Annex 15 (trade in wine) to the Trade and Cooperation Agreement, as read with Article 1(1) (scope) of that Annex, applies, and
(ii) that is imported into Great Britain from a member State;
(b) “the Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020.

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Source: https://www.legislation.gov.uk/uksi/1996/1502/regulation/4 (the official version)
Page: https://openlegislation.uk/food-lot-marking-regulations-1996/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.