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Regulation 5 Labelling of quick-frozen foodstuffsF1I1

England, Wales and Scotland

(1)

The description “quick-frozen” or any other description listed in Article 8.1(a) of Council Directive 89/108/EECf1 shall not be used in the labelling for the purpose of F2placing on the market of any food other than—

(a)

a quick-frozen foodstuff,

(b)

a food which by virtue of that labelling becomes a quick-frozen foodstuff.

(2)

A quick-frozen foodstuff intended for supply, without further processing, to the ultimate consumer or to a F3mass caterer shall, in addition to the description “quick-frozen” (and, as the intending supplier may see fit, any other description listed in Article 8.1(a) of Council Directive 89/108/EEC) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto with—

(a)

an indication of the date of minimum durability;

(b)

an indication of the maximum period during which it is advisable to store it;

(c)

an indication of one or other, or both, of—

(i)

the temperature at which, and

(ii)

the equipment in which,

it is advisable to store it;

(d)

a reference allowing identification of the batch to which it belongs;

(e)

a clear message of the type “do not refreeze after defrosting”.

(3)

Any other quick-frozen foodstuff shall, in addition to the description “quick-frozen” (and, as the supplier may see fit, any other description listed in Article 8.1(a) of Council Directive 89/108/EEC) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto with—

(a)

a reference allowing identification of the batch to which it belongs;

(b)

the name or business name and address of the manufacturer or packer, or of a seller established within the F4United Kingdom.

(4)

No person shall F5place on the market any food intended for the ultimate consumer or any F6mass caterer where its labelling or marking contravenes paragraph (1) or (2) of this regulation, and no person shall place on the market any food intended for any other person where its labelling or marking contravenes paragraph (1) or (3) of this regulation.

(F75)

In this regulation F8“Council Directive 89/108/EEC” means Council Directive 89/108/EEC on the approximation of the laws of Member States relating to quick frozen foodstuffs for human consumption as amended by Regulation 1882/2003 of the European Parliament and of the Council of 29 September 2003, the Act of accession of Norway, Austria, Sweden and Finland, the Act of accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and the Slovak Republic, Regulation 1882/2003 adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty, Council Directive 2006/107/EC adapting Directive 89/108/EEC relating to quick-frozen foodstuffs for human consumption and Directive 2000/13/EC of the European Parliament and of the Council relating to the labelling, presentation and advertising of foodstuffs, by reason of the accession of Bulgaria and Romania.

(F95)

In this regulation “Council Directive 89/108/EEC” means Council Directive 89/108/EEC on the approximation of the laws of Member States relating to quick-frozen foodstuffs for human consumption as amended by amendments up to and including those effected by the Act of the European Community concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.

Annotations

Textual amendments

F1

Regulations revoked (E.) (1.3.2007) by The Quick-frozen Foodstuffs (England) Regulations 2007 (S.I. 2007/191), regs. 1(b), 11 and revoked (W.) (1.3.2007) by The Quick-frozen Foodstuffs (Wales) Regulations 2007 (S.I. 2007/389), regs. 1(2), 11

F2

Words in reg. 5(1) substituted (S.) (16.3.2007) by The Quick-frozen Foodstuffs Amendment (Scotland) Regulations 2007 (S.S.I. 2007/106), regs. 1(1), 2(b)(iv)

F3

Words in reg. 5(2) substituted (S.) (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 5 para. 1(b)

F4

Words in reg. 5(3)(b) substituted (S.) (31.12.2020) by The Food Composition, Labelling and Standards (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/53), regs. 1(1), 2; 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in reg. 5(4) substituted (S.) (16.3.2007) by The Quick-frozen Foodstuffs Amendment (Scotland) Regulations 2007 (S.S.I. 2007/106), regs. 1(1), 2(b)(iii)

F6

Words in reg. 5(4) substituted (S.) (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 5 para. 1(b)

F7

Reg. 5(5) inserted (E.) (13.9.2004) by The Food Safety (Act of Accession concerning the Czech Republic and other States) (Consequential Amendments) (England) Regulations 2004 (S.I. 2004/2145), art. 1, reg. 2(2) and inserted (S.) (7.10.2004) by The Food Safety (Act of Accession concerning the Czech Republic and other States) (Consequential Amendments) (Scotland) Regulations 2004 (S.S.I. 2004/395), regs. 1(1), 2(2)

F8

Words in reg. 5(5) substituted (S.) (16.3.2007) by The Quick-frozen Foodstuffs Amendment (Scotland) Regulations 2007 (S.S.I. 2007/106), regs. 1(1), 2(c)

F9

Reg. 5(5) inserted (W.) (31.10.2004) by The Food Safety (Act of Accession concerning the Czech Republic and other States) (Consequential Amendments) (Wales) Regulations 2004 (S.I. 2004/2731), regs. 1, 2(2)

Commencement

I1

Reg. 5 in force at 10.1.1991, see reg. 1

Footnotes

f1

OJ No. L40, 11.2.89, p.34.