Citation, extent, application, commencement and expiry

1. —(1) These Regulations may be cited as the Food Information Regulations 2014.

(2) A revocation, or partial revocation, of a statutory instrument by regulation 13 and Schedule 6 has the same extent and application as the statutory instrument, or provision or part of the instrument, being revoked except that, for the purpose of the revocations in entries 1 to 7 of the table in Part 1, and entries 1 to 3 of the table in Part 2, of Schedule 6, these Regulations apply in England only.

(3) An amendment of a provision of a statutory instrument by regulation 14 and Schedule 7 has the same extent and application as the provision being amended except that, for the purpose of the amendment of the Regulations to which paragraphs 1 to 5 and 10 to 20 of Schedule 7 apply, these Regulations apply in England only.

(4) For all other purposes, these Regulations apply in England only.

(5) Except as provided for in paragraphs (6) to (8), these Regulations come into force on 13th December 2014.

(6) For the purposes of the following provisions, these Regulations come into force on 15th August 2014—

(a) regulation 4;

(b) regulation 12 and Schedule 4 so far as (by applying, with some modifications, specified provisions of the Act) they enable an improvement notice to be served on a person requiring that person to comply with the provision of FIC specified in Part 1 of Schedule 5 and an appeal against such a notice to be made and dealt with, and make the failure to comply with such an improvement notice an offence;

(c) regulation 14 so far as it relates to Part 1 of Schedule 7;

(d) Schedule 2;

(e) Part 1 of Schedule 5; and

(f) Part 1 of Schedule 7.

(7) For the purposes of the following provisions, these Regulations come into force on 13th December 2016—

(a) Part 3 of Schedule 5; and

(b) regulation 12 and Schedule 4 so far as (by applying, with some modifications, specified provisions of the Act) they enable an improvement notice to be served on a person requiring that person to comply with the provision of FIC specified in Part 3 of Schedule 5 and an appeal against such a notice to be made and dealt with, and make the failure to comply with such an improvement notice an offence.

(8) For the purposes of Part 2 of Schedule 6, and regulation 13 so far as it relates to that Part of Schedule 6, these Regulations come into force on 13th December 2018.

^F1 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

2. —(1) In these Regulations—

“ the Act ” means the Food Safety Act 1990;

^M15 “ Directive 1999/2/EC ” means Directive 1999/2/EC of the European Parliament and of the Council on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation ;

“ FIC ” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC , Council Directive 90/496/EEC , Commission Directive 1999/10/EC , Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 ;

“ final consumer ” has the meaning given in point 18 of Article 3 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;

“ food authority ” means—

“ food business operator ” has the meaning given in point 3 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council;

“ mass caterer ” has the meaning given in Article 2(2)(d) and “ mass caterers ” is to be construed accordingly;

“ means of distance communication ” has the meaning given in Article 2(2)(u);

“ offered for sale ” has the same meaning as in Article 44 and “ offers for sale ” is to be construed accordingly;

“ prepacked food ” has the meaning given in Article 2(2)(e);

“ prepacked for direct sale ” has the same meaning as in Article 2(2)(e);

“ ready for consumption ” has the same meaning as in Article 2(2)(d).

(2) Except as otherwise provided for—

(a) any reference in these Regulations to an Article is a reference to an Article of FIC, and

(b) any reference in these Regulations to an Annex is a reference to an Annex to FIC.

(3) Any reference to FIC, or a provision of FIC (including a reference to an Article of, or Annex to, FIC to which paragraph (2) applies), in a provision of these Regulations listed in Schedule 1 is a reference to that provision as amended from time to time.

Derogation relating to milk and milk products

3. The requirements laid down in Articles 9(1) and 10(1) do not apply to milk or milk products presented in a glass bottle where the glass bottle is intended for reuse.

Derogation relating to minced meat

4. —(1) The requirements laid down in point 1 of Part B of Annex VI do not prevent minced meat that does not comply with those requirements being placed on the market using a minced meat designation if the national mark in Part 1 of Schedule 2 appears on the labelling.

(2) Part 2 of Schedule 2 applies to the form of the national mark.

(3) In paragraph (1)—

“ on the labelling ” has the same meaning as in point 2 of Part B of Annex VI as read with the definition of “labelling” in Article 2(2)(j);

“ placed on the market ” is to be construed taking into account the meaning of “placing on their national market” as used in point 3 of Part B of Annex VI.

Foods that are not prepacked etc. containing an allergenic substance or product etc.

5. —(1) A food business operator who offers for sale a relevant food to which this regulation applies may make available the particulars specified in Article 9(1)(c) (labelling of certain substances or products causing allergies or intolerances) in relation to that food by any means the operator chooses, including, subject to paragraph (3), orally.

(2) This regulation applies to a relevant food that is offered for sale to a final consumer or to a mass caterer otherwise than by means of distance communication and is—

(a) not prepacked, [^F2 or ^F2]

(b) ^F3 packed on the sales premises at the consumer's request, ...

^F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a food business operator intends to make available the particulars specified in Article 9(1)(c) relating to a relevant food orally, and a substance or product listed in Annex II or derived from a substance or product listed in Annex II is used as an ingredient or processing aid in the manufacture or preparation of the food, the operator must indicate that details of that substance or product can be obtained by asking a member of staff.

(4) The indication mentioned in paragraph (3) must be given—

(a) on a label attached to the food, or

(b) on a notice, menu, ticket or label that is readily discernible by an intending purchaser at the place where the intending purchaser chooses that food.

(5) In relation to a relevant food to which this regulation applies, the Article 9(1)(c) particulars made available by a food business operator must be made available with a clear reference to the name of the substance or product listed in Annex II where—

(a) the relevant ingredient or processing aid is derived from a substance or product listed in Annex II, and

(b) the particulars are made available otherwise than by means provided for in FIC.

(6) In this regulation “ relevant food ” means a food in which an ingredient or processing aid listed in Annex II, or derived from a substance or product listed in Annex II, has been used in its manufacture or preparation and that is still present in the finished product (even if in an altered form).

[^F5 Foods that are prepacked for direct sale – duty to list ingredients

5A.—(1) A food business operator who offers for sale a food to which this regulation applies must provide directly on the package or on a label attached to the package the particulars required by—

(a) Article 9(1)(b) (list of ingredients), as read with—

(i) Article 13(1) to (3), as read with any regulations made under Article 13(4),

(ii) Article 15,

(iii) Article 16(2), so far as it relates to the particulars required by Article 9(1)(b),

(iv) Article 17, as read with Parts A and C of Annex 6 and, in the case of an ingredient using a minced meat designation as a name, the following points of Part B of Annex 6—

(aa) point 1, and

(bb) point 3, as read with regulation 4 and Schedule 2,

(v) Article 18, as read with Annex 7 and paragraph (1)(a)(iv) of this regulation,

(vi) Article 19(1), as read with any regulations made under Article 19(2), and

(vii) Article 20;

(b) Article 9(1)(c) (labelling of certain substances or products causing allergies or intolerances), as read with Article 21(1) and Annex 2.

(2) This regulation applies to a food that—

(a) is offered for sale to a final consumer or to a mass caterer otherwise than by means of distance communication, and

(b) is prepacked for direct sale. ^F5]

Foods that are not prepacked etc. – general requirement to name them

6. —(1) A food business operator who offers for sale a food to which this regulation applies must provide the particulars required by Article 9(1)(a) (the name of the food) as read with—

(a) Article 17(1) to (4), and

(b) in the case of foodoffered for sale using a minced meat designation as a name—

(i) Article 17(5) and point 1 of Part B of Annex VI, and

(ii) point 3 of Part B of Annex VI as read with regulation 4 and Schedule 2.

(2) This regulation applies to a food that is offered for sale to a final consumer or a mass caterer and is—

(a) not prepacked, [^F6 or ^F6]

(b) ^F7 packed on the sales premises at the consumer's request, ...

^F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This regulation does not apply to a food prepared to be ready for consumption by a final consumer that is offered for sale to a final consumer by a mass caterer (whether at a mass catering establishment where sales are made in person to a final consumer or by means of distance communication) as part of their business as a mass caterer.

(4) The particulars must appear—

(a) on a label attached to the food, or

(b) on a notice, ticket or label that is readily discernible by an intending purchaser at the place where the intending purchaser chooses that food.

(5) Paragraph (4) does not apply in the case of an offer for sale made by means of distance communication.

[^F9 Foods that are prepacked for direct sale – general requirement to name them

6A.—(1) A food business operator who offers for sale a food to which this regulation applies must provide the particulars required by Article 9(1)(a) (the name of the food), as read with—

(a) Article 17(1) and (4),

(b) Part A of Annex 6, and

(c) in the case of a foodoffered for sale using a minced meat designation as a name—

(i) Article 17(5),

(ii) point 1 of Part B of Annex 6, and

(iii) point 3 of Part B of Annex 6, as read with regulation 4 and Schedule 2.

(2) This regulation applies to a food that—

(a) is offered for sale to a final consumer or to a mass caterer, and

(b) is prepacked for direct sale.

(3) The particulars in paragraph (1) must be provided directly on the package or on a label attached to the package, except in the case of an offer for sale made by means of distance communication. ^F9]

Foods that are not prepacked etc. containing meat and other ingredients

7. —(1) A food business operator who offers for sale a food to which this regulation applies must provide the particulars required by Article 9(1)(d) (quantity of certain ingredients), as read with Article 22 and Annex VIII, in respect of the ingredients in the food that are meat.

(2) This regulation applies to a food (other than a food specified in Schedule 3) that is offered for sale to a final consumer or a mass caterer, contains meat and any other ingredient and is—

(a) not prepacked,

(b) packed on the sales premises at the consumer's request, or

(c) prepacked for direct sale.

(3) This regulation does not apply to a food prepared to be ready for consumption by a final consumer that is offered for sale to a final consumer by a mass caterer (whether at a mass catering establishment where sales are made in person to a final consumer or by means of distance communication) as part of their business as a mass caterer.

(4) The quantity of meat specified in the particulars mentioned in paragraph (1) is to be determined taking into account the provisions relating to total fat and connective tissue content in point 17 of Part B of Annex VII, including any downward adjustment needed in a case where the total fat and connective tissue content in the food exceeds the values indicated in the table in that point.

(5) The particulars must appear—

(a) on a label attached to the food, or

(b) on a notice, ticket or label that is readily discernible by an intending purchaser at the place where the intending purchaser chooses that food.

(6) Paragraph (5) does not apply in the case of an offer for sale made by means of distance communication.

(7) In this regulation—

“ meat ” means the skeletal muscles of mammalian and bird species recognised as fit for human consumption with naturally included or adherent tissue but does not include mechanically separated meat;

^M16 “ mechanically separated meat ” has the meaning given in point 1.14 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin .

Irradiated foods

8. —(1) Any person who places on the market, in bulk, a product to which this paragraph applies must ensure that the relevant indication appears, together with the name of the product, on a display or notice above or beside the container in which the products are placed on the market.

(2) Paragraph (1) applies to—

(a) a product intended for the ultimate consumer or mass caterers that has been treated with ionising radiation, and

(b) a product intended for the ultimate consumer or mass caterers that contains an ingredient that has been treated with ionising radiation.

(3) Any person who places on the market a product to which this paragraph applies must ensure that the relevant indication appears in the list of ingredients of that product to indicate the ingredient that has been irradiated.

(4) Paragraph (3) applies to a product intended for the ultimate consumer or mass caterers—

(a) containing a compound ingredient in a case where an ingredient of that compound ingredient has been treated with ionising radiation, and

(b) to which, in relation to that compound ingredient, the provisions of point 2 of Part E of Annex VII (setting out cases where a list of ingredients for compound ingredients is not compulsory) would, but for the requirement in paragraph (3), apply.

(5) The relevant indication is the word “irradiated” or the words “treated with ionising radiation”.

(6) This regulation does not apply to—

(a) a product exposed to ionising radiation generated by measuring or inspection devices, provided the dose absorbed is not greater than 0.01 Gy for inspection devices which utilise neutrons and 0.5 Gy in other cases, at a maximum radiation energy level of 10 MeV in the case of X-rays, 14 MeV in the case of neutrons and 5 MeV in other cases, or

(b) a product which is prepared for patients requiring sterile diets under medical supervision.

(7) In this regulation—

“ in bulk ” has the same meaning as in the second subparagraph of Article 6(1)(a) of Directive 1999/2/EC ;

“ ionising radiation ” has the same meaning as in Directive 1999/2/EC ;

“ places on the market ” is to be construed taking into account the meaning of “placed on the market” as used in Article 2 of Directive 1999/2/EC ;

“ product ” has the same meaning as in Directive 1999/2/EC .

Enforcement

9. —(1) It is the duty of a food authority within its area and a port health authority within its district to enforce these Regulations.

(2) A non-metropolitan district council for an area for which there is a county council may enforce these Regulations within its area in relation to—

(a) Article 44(1)(a), as read with Articles 1(3), 6 and 9(1)(c) and the first subparagraph of Article 54(1) and regulation 5, and

(b) regulation 5(3), (4) and (5).

Offence

10. —(1) A person is guilty of an offence if the person fails to comply with—

(a) ^F10 any provision of FIC specified in paragraph (2), as read with Articles 1(3) and 6 and the first subparagraph of Article 54(1), ...

(b) regulation 5(5) [^F11 , or ^F11]

[^F12 (c) regulation 5A(1)(b). ^F12]

(2) The provisions of FIC are—

(a) Article 9(1)(c), as also read with Annex II;

(b) Article 21(1)(a), as also read with Articles 9(1)(c) and 18(1) and Annex II;

(c) the second subparagraph of Article 21(1), as also read with Articles 9(1)(c) and 19(1) and Annex II; and

(d) Article 44(1)(a), as also read with Article 9(1)(c) and regulation 5.

Penalty

11. A person guilty of an offence under regulation 10 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Application of provisions of the Act

12. —(1) Subsections (1) and (2) of section 10 of the Act (improvement notices) apply, with the modification (in the case of section 10(1)) specified in Part 1 of Schedule 4, for the purposes of—

(a) enabling an improvement notice to be served on a person requiring the person to comply with any of the following provisions—

(i) a provision of FIC specified in Schedule 5, to the extent provided for in section 10 as applied by paragraph (1) and modified by Part 1 of Schedule 4;

(ii) regulation 5(3), (4) or (5);

[^F13 (iia) regulation 5A(1); ^F13]

(iii) regulation 6(1) or (4);

[^F14 (iiia) regulation 6A(1) or (3); ^F14]

(iv) regulation 7(1), (4) or (5); or

(v) regulation 8(1) or (3); and

(b) making the failure to comply with a notice referred to in subparagraph (a) an offence.

^M17 (2) Subsections (1) to (8) of section 32 of the Act (powers of entry) apply, with the modifications (in the case of section 32(1)) specified in Part 2 of Schedule 4, for the purposes of enabling an authorised officer of a food authority or a port health authority—

(a) to exercise a power of entry to ascertain whether there is, or has been, any contravention of a provision of FIC specified in Schedule 5, to the extent provided for in section 32(1)(a) as applied by this paragraph and modified by Part 2 of Schedule 4;

(b) to exercise a power of entry to ascertain whether there is any evidence of any contravention of such a provision; and

(c) when exercising a power of entry under the provisions of section 32 as applied by this paragraph, to exercise the powers in subsections (5) and (6) relating to records.

(3) Subsections (1) and (6) of section 37 of the Act (appeals) apply, with the modifications specified in Part 3 of Schedule 4, for the purpose of enabling a decision to serve a notice referred to in paragraph (1)(a) to be appealed.

(4) Section 39 of the Act (appeals against improvement notices) applies, with the modifications (in the case of subsections (1) and (3) of section 39) specified in Part 4 of Schedule 4, for the purpose of dealing with appeals against a decision to serve a notice referred to in paragraph (1)(a).

(5) The provisions of the Act specified in column 1 of the table in Part 5 of Schedule 4 apply, with the modifications specified in column 2 of that Part, for the purposes of these Regulations.

(6) Paragraphs (1) to (4) are without prejudice to the application of sections 10, 32, 37 and 39 of the Act to these Regulations for purposes other than those specified in those paragraphs.

Revocations

13. The Regulations listed in Schedule 6 are revoked to the extent specified.

Consequential and other minor amendments to statutory instruments

14. Schedule 7 has effect.

Review

15. —(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out a review mentioned in paragraph (1) the Secretary of State must, so far as is reasonable, have regard to—

(a) the powers and mechanisms available in other member States to enable the provisions of FIC to be enforced, and

(b) how the second subparagraph of point 1(a), the second subparagraph of point 1(b), and point 1(c) of Article 6 of Directive 1999/2/EC (which are implemented by means of regulation 8 and regulation 12 and Schedule 4 so far as (by applying, with some modifications, specified provisions of the Act) they enable an improvement notice to be served on a person requiring that person to comply with regulation 8(1) and (3) and an appeal against such a notice to be made and dealt with, and make the failure to comply with such an improvement notice an offence) are implemented in other member States.

(3) The report must, in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4)[^F15 A ^F15] report under this regulation must be published before 13th December [^F16 2024 ^F16] .

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

[^F17 Transitional provisions: withdrawal from the EU

16.—(1) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 9(1)(h) of FIC if—

(a) the improvement notice would relate to a product that was placed on the market before [^F18 1 January 2024 ^F18] ; and

(b) the matter would not have constituted a failure to comply with that provision of FIC as it had effect in EU law immediately before IP completion day.

(2) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 7(1) or Article 36(2)(a) or (b) of FIC if—

(a) the improvement notice would relate to a specified product that was placed on the market before IP completion day; and

(b) the labelling of the specified product would not have constituted a failure to comply with those provisions of FIC as they had effect in EU law immediately before IP completion day.

(3) Products to which paragraph (1) or (2) applies may continue to be marketed until stocks are exhausted.

(4) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 7(1) or Article 36(2)(a) or (b) of FIC if—

(a) the improvement notice would relate to a specified product placed on the market within the period beginning with IP completion day and ending with the end of the relevant period; and

(b) the labelling of the specified product would not have constituted a failure to comply with those provisions of FIC as they had effect in EU law immediately before IP completion day.

(5)Wine products to which paragraph (4) applies may continue to be marketed until stocks are exhausted.

(6) Other products to which paragraph (4) applies may continue to be marketed until the end of the relevant period.

(7) In this regulation—

“improvement notice” means an improvement notice pursuant to regulation 12(1);

“relevant period” means the period of three years beginning with the day after the day on which IP completion day falls;

“specified product” means an individually identifiable product, including a wine product, bearing an indication listed in point 5, 6 or 7 of Annex 10 to Commission Implementing Regulation (EU) No 668/2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs as that Regulation had effect in EU law immediately before IP completion day;

“wine product” means a product to which Part 2 of Annex 7 to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products as that Regulation had effect in EU law immediately before IP completion day applies. ^F17]

[^F19 Transitional provision: the Trade and Cooperation Agreement

17.—(1) An authorised officer of an enforcement authority must not serve an improvement notice under section 10(1) of the Food Safety Act 1990 as it applies, by virtue of regulation 12(1), to these Regulations (as modified by regulation 12(1) and Part 1 of Schedule 4), in respect of EU Annex 15 wine (including EU Annex 15 wine labelled on or after 1st May 2021) that is placed on the market in England—

(a) by a wholesaler or producer during the period beginning on 1st January 2022 and expiring on 1st May 2023;

(b) by a retailer on or after 1st January 2022.

(2) In this regulation—

(a) “ EU Annex 15 wine ” means wine—

(i) to which Article 5 (transitional measures) 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.

(3) In this regulation, “ placed on the market ” is to be construed taking into account the definition of “placing on the market” in point 8 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council. ^F19]

Regulation 2(3)

SCHEDULE 1 Provisions of these Regulations that contain ambulatory references to FIC by virtue of regulation 2(3)

Regulation 2(1) except for the definition of “FIC”

Regulation 3

Regulation 4(1) and (3)

Regulation 5(1), (3), (5) and (6)

^F20 ...

Regulation 6(1)

^F20 ...

Regulation 7(1) and (4)

Regulation 8(4)(b)

Regulation 9(2)(a)

Regulation 10

Regulation 15(2)(a)

Paragraph 3 of Part 2 of Schedule 2

Schedule 5

Regulation 4

SCHEDULE 2 National mark for derogation relating to minced meat

PART 1 The national mark

PART 2 Specifications for the national mark

1. Any type of font may be used for the national mark so long as it is clearly legible.

2. Any colour font may be used for the national mark so long as it is easily visible.

3. In the case of prepacked food, the font size used for the national mark must not be smaller than—

(a) in the case of a package or container of a size to which Article 13(3) applies, the font size required for mandatory particulars under Article 13(3), and

(b) in the case of any other package or container, the font size required for mandatory particulars under Article 13(2).

Regulation 7

SCHEDULE 3 Foods to which regulation 7 does not apply

1. Raw meat to which no ingredient other than proteolytic enzymes has been added.

^M18 2. Frozen and quick-frozen chicken to which Article 15 of Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat applies and the water content of which does not exceed the technically unavoidable values determined as provided for in that Article.

3. Fresh, frozen and quick-frozen poultry-cuts to which Article 20 of Commission Regulation (EC) No 543/2008 applies and the water content of which does not exceed the technically unavoidable values determined as provided for in that Article.

4. Sandwiches, filled rolls and filled products of a similar nature to sandwiches and filled rolls, which are ready for consumption without further processing, except for products containing meat which are sold under the name (whether or not qualified by other words) “burger”, “economy burger” or “hamburger”.

5. Pizzas and similar topped products.

6. Any food for which the name is “broth”, “gravy” or “soup”, whether or not qualified by other words.

7. A food consisting of an assemblage of two or more ingredients that has not been subjected to any processing or treatment once it has been assembled, and which is sold to the final consumer as an individual portion intended to be consumed without further processing or treatment.

Regulation 12

SCHEDULE 4 Application and modification of provisions of the Act

PART 1 Modification of section 10(1)

1. For section 10(1) (improvement notices) substitute—

“ (1) If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply with a provision specified in subsection (1A), the authorised officer may, by a notice served on that person (in this Act referred to as an “ improvement notice ”)—

(a) state the officer's grounds for believing that the person is failing to comply with the relevant provision;

(b) specify the matters which constitute the person's failure so to comply;

(c) specify the measures which, in the officer's opinion, the person must take in order to secure compliance; and

(d) require the person to take those measures, or measures that are at least equivalent to them, within such period as may be specified in the notice.

(1A) The provisions are—

(a) a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers ^M19 specified in entry 1, 3, 5 to 11, 23 to 27, 29, 31 or 66 of the table in Part 2 of Schedule 5 to the Food Information Regulations 2014(as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that the provision applies to the mandatory particular relating to net quantity required by Article 9(1)(e) of Regulation (EU) No 1169/2011, as read with Article 23 of, and Annex IX to, that Regulation;

(b) a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in entry 2, 67 or 68 of the table in Part 2 of Schedule 5 to the Food Information Regulations 2014(as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that the provision applies to food information relating to quantity;

(c) any other provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in Schedule 5 to the Food Information Regulations 2014(as read with regulation 2(3) of, and Schedule 1 to, those Regulations); or

(d) any of the following provisions of the Food Information Regulations 2014—

(i) regulation 5(3), (4) or (5);

[^F21 (ia) regulation 5A(1); ^F21]

(ii) regulation 6(1) or (4);

[^F22 (iia) regulation 6A(1) or (3); ^F22]

(iii) regulation 7(1), (4) or (5); or

(iv) regulation 8(1) or (3). ” .

PART 2 Modification of section 32(1)

2. For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute—

“ (a) to enter any premises within the authority's area for the purpose of ascertaining whether there is or has been on the premises any contravention of—

(i) a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers specified in entry 1, 3, 5 to 11, 23 to 27, 29, 31 or 66 of the table in Part 2 of Schedule 5 to the Food Information Regulations 2014(as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that the provision applies to the mandatory particular relating to net quantity required by Article 9(1)(e) of Regulation (EU) No 1169/2011, as read with Article 23 of, and Annex IX to, that Regulation;

(ii) a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in entry 2, 67 or 68 of the table in Part 2 of Schedule 5 to the Food Information Regulations 2014(as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that the provision applies to food information relating to quantity; and

(iii) any other provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in Schedule 5 to the Food Information Regulations 2014(as read with regulation 2(3) of, and Schedule 1 to, those Regulations); and

(b) to enter any business premises, whether within or outside of the authority's area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention within that area of any such provisions; ” .

PART 3 Modification of section 37(1) and (6)

3. For section 37(1) (appeals) substitute—

“ (1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 12(1) of, and Part 1 of Schedule 4 to, the Food Information Regulations 2014, may appeal to the First-tier Tribunal. ” .

4. In section 37(6)—

(a) for “(3) or (4)” substitute “ (1) ” , and

(b) in paragraph (a), for “a magistrates' court or to the sheriff” substitute “ the First-tier Tribunal ” .

PART 4 Modification of section 39(1) and (3)

5. For section 39(1) (appeals against improvement notices) substitute—

“ (1) On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 12(1) of, and Part 1 of Schedule 4 to, the Food Information Regulations 2014, the First-tier Tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the First-tier Tribunal may in the circumstances think fit. ” .

6. In section 39(3), omit “for want of prosecution”.

PART 5 Application and modification of other provisions of the Act

Regulation 12

SCHEDULE 5 Improvement notices - specified FIC provisions

PART 1 FIC provision in relation to which an improvement notice may be served on and from 15th August 2014

PART 2 FIC provisions in relation to which an improvement notice may be served on and from 13th December 2014

PART 3 FIC provision in relation to which an improvement notice may be served on and from 13th December 2016

[^F26 Part 4 FIC provisions concerning primary ingredient country of origin/place of provenance

Regulation 13

SCHEDULE 6 Revocations

PART 1 Revocations coming into force on 13th December 2014

PART 2 Revocations coming into force on 13th December 2018

Regulation 14

SCHEDULE 7 Consequential and other minor amendments to statutory instruments

PART 1 Consequential and other minor amendments coming into force on 15th August 2014

The Food Labelling Regulations 1996

^M50 1. The Food Labelling Regulations 1996 are amended as follows.

2. In regulation 4(2) (scope of Part II), in each of subparagraphs (h), (i) and (j), for “Commission Regulation (EC) No 607/2009 ” to the end substitute ^M51 “ Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products ; ” .

3. For regulation 41(4) (supplementary provisions relating to nutrition labelling) substitute—

“ (4) Where nutrition labelling not being prescribed nutrition labelling is given, it must be given in the manner specified in paragraph (4A) or (4B).

(4A) The nutrition labelling must be given in all respects as if it were prescribed nutrition labelling except that in applying the requirements for prescribed nutrition labelling described in Schedule 7, Part II of that Schedule is to be read as if—

(a) in paragraph 1, the words “or that is labelled as provided for in regulation 41(4B)” were inserted after the words “paragraph 2 below applies”,

(b) in paragraph 1(a)(ii), the words from “provided that” to the end of that paragraph were omitted, and

(c) paragraph 1(d) were omitted.

(4B) The nutrition labelling must be given in accordance with Articles 29 to 35 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC , Council Directive 90/496/EEC , Commission Directive 1999/10/EC , Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 . ” .

The Food (Lot Marking) Regulations 1996

^M52 4. The Food (Lot Marking) Regulations 1996 are amended as follows.

^M53 5. In regulation 2 (interpretation), in the definition of “first seller established within the European Union”, for “Council Directive 89/396/EEC ” substitute ^M54 “ Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs ” .

The Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007

^M55 6. The Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007 are amended as follows.

7. In regulation 4(2)(e) (offences and penalties), after “have been added)”, insert ^M56 “ , as read with the first subparagraph of Article 54(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC , Council Directive 90/496/EEC , Commission Directive 1999/10/EC , Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 ” .

The Nutrition and Health Claims (England) Regulations 2007

^M57 8. The Nutrition and Health Claims (England) Regulations 2007 are amended as follows.

9. In regulation 5(2)(d) (offences and penalties), after “(requirements for nutrition information)”, insert “ , as read with the first subparagraph of Article 54(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC , Council Directive 90/496/EEC , Commission Directive 1999/10/EC , Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 ” .

PART 2 Consequential and other minor amendments coming into force on 13th December 2014

The Food Labelling Regulations 1996

^M58 10. The Food Labelling Regulations 1996 are amended as follows.

11. In regulation 2(1) (interpretation), for the definition of “ingredient” substitute—

12. In regulation 3 (exemptions), for paragraph (1) substitute—

“ (1) This regulation does not apply to a food that is brought into England from another part of the United Kingdom, an EEA State (other than the United Kingdom), a member State (other than the United Kingdom) or from the Republic of Turkey in which it was lawfully produced or marketed. ” .

13. In Schedule 8 (misleading descriptions), Part I—

(a) in the second column of entry relating to the description “alcohol-free”, for subparagraph (b) substitute—

“ (b) the drink is marked or labelled with—

(i) an indication of its maximum alcoholic strength in a form comprising of the words “not more than” followed by a figure to not more than one decimal place indicating its maximum alcoholic strength and the symbol “% vol.” (required form 1), “alcohol % vol.” (required form 2), or “alc. % vol.” (required form 3), or

(ii) in an appropriate case, an indication that it contains no alcohol. ” ;

(b) in the second column of entry relating to the description “dealcoholised”, for subparagraph (b) substitute—

“ (b) the drink is marked or labelled with—

(i) an indication of its maximum alcoholic strength in required form 1, 2 or 3, or

(ii) in an appropriate case, an indication that it contains no alcohol. ” ; and

(c) in the second column of entry relating to the description “low alcohol” (or any other word or description which implies that the drink being described is low in alcohol), for subparagraph (b) substitute—

“ (b) an indication of its maximum alcoholic strength in required form 1, 2 or 3. ” .

The Food (Lot Marking) Regulations 1996

^M59 14. The Food (Lot Marking) Regulations 1996 are amended as follows.

15. For regulation 2 (interpretation) substitute—

“ 2. In these Regulations—

“ the Act ” means the Food Safety Act 1990;

“ date of minimum durability ” is to be construed taking into account the definition of “date of minimum durability of a food” in Article 2(2)(r) of Regulation (EU) No 1169/2011;

“ first seller established within the Community ” has the same meaning as in Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs;

“ food ” means food, within the meaning of the Act, intended for sale for human consumption;

“ ice cream ” has the same meaning as in Directive 2011/91/EU of the European Parliament and of the Council;

“ lot ” means a batch of sales units of food produced, manufactured or packaged under similar conditions;

“ lot marking indication ” means an indication which allows identification of the lot to which a sales unit of food belongs;

“ prepacked food ” has the meaning given in Article 2(2)(e) of Regulation (EU) No 1169/2011;

“ prepacked for immediate sale ” has the same meaning as “ prepacked for direct sale ” in Regulation (EU) No 1169/2011;

“ Regulation (EU) No 1169/2011 ” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC , Council Directive 90/496/EEC , Commission Directive 1999/10/EC , Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 ;

“ sell ” includes offer or expose for sale and have in possession for sale, and “sale” and “sold” are to be construed accordingly;

“ ultimate consumer ” has the same meaning as “ final consumer ” in point 18 of Article 3 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 ^M60 ;

“ “use by” date ” has the same meaning as in Regulation (EU) No 1169/2011. ” .

16. In regulation 4 (exceptions for particular types of sale and sale units)—

(a) in subparagraph (e), for “edible ice” substitute “ ice cream ” ; and

(b) in subparagraph (g)—

(i) for “an indication of minimum durability” substitute “ the date of minimum durability ” ; and

(ii) for “the Food Labelling Regulations require” substitute “ Regulation (EU) No 1169/2011 requires ” .

The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997

^M61 17. The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 are amended as follows.

18. In regulation 3(b) (labelling requirements), for “Tables A and B of Part II of Schedule 6 to the Food Labelling Regulations 1996” substitute “ point 1 of Part A of Annex XIII to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers ” .

The Bread and Flour Regulations 1998

^M6219.The Bread and Flour Regulations 1998 are amended as follows.

20. In regulation 2(1) (interpretation)—

(a) in the definition of “ingredient”, for “the Food Labelling Regulations 1996” substitute “ Article 2(2)(f) of Regulation (EU) No 1169/2011 ” ;

(b) in the definition of “labelling”, for “the Food Labelling Regulations 1996” substitute “ Article 2(2)(j) of Regulation (EU) No 1169/2011 ” ;

(c) omit the definitions of “the labelling regulations” and “member State”; and

(d) after the definition of “labelling”, insert—

The Coffee Extracts and Chicory Extracts (England) Regulations 2000

^M6321.The Coffee Extracts and Chicory Extracts (England) Regulations 2000 are amended as follows.

22. In regulation 2(1) (interpretation)—

(a) omit the definition of “the 1996 Regulations”; and

(b) after the definition of “food authority”, insert—

23. In regulation 5(1) (labelling and description of designated products)—

(a) in the introductory wording, for “the 1996 Regulations” substitute “ Regulation (EU) No 1169/2011 ” ;

(b) in subparagraph (a), for “regulation 6(1) of the 1996 Regulations” substitute “ Article 17 of Regulation (EU) No 1169/2011 ” ; and

(c) in subparagraph (c), for “the 1996 Regulations” substitute “ Article 17 of Regulation (EU) No 1169/2011 ” .

The Food Supplements (England) Regulations 2003

^M6424.The Food Supplements (England) Regulations 2003 are amended as follows.

25. In regulation 2(1) (interpretation)—

(a) ^M65 omit the definition of “Directive 90/496 ”; and

(b) after the definition of “preparation”, insert—

26. In regulation 6 (restrictions on sale relating to labelling etc. of food supplements)—

(a) in paragraph (2), for “the Food Labelling Regulations 1996” substitute “ Regulation (EU) No 1169/2011 ” ; and

(b) in paragraph (3)(e)—

(i) for “the Annex to Directive 90/496” substitute “ point 1 of Part A of Annex XIII to Regulation (EU) No 1169/2011 ” ; and

(ii) for “relevant recommended daily allowance specified in that Annex” substitute “ relevant reference value specified in that point ” .

27. In regulation 7(1) (manner of marking or labelling), for “regulation 5(a), (c) and (e) of the Food Labelling Regulations 1996” substitute “ points (a), (f), (g) and (h) of Article 9(1) Regulation (EU) No 1169/2011 ” .

The Specified Sugar Products (England) Regulations 2003

^M6628.The Specified Sugar Products (England) Regulations 2003 are amended as follows.

29. In regulation 2 (interpretation), omit the definition of “the 1996 Regulations”.

30. In regulation 5 (labelling and description of specified sugar products), for “Part II of the 1996 Regulations” substitute “ Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers ” .

The Cocoa and Chocolate Products (England) Regulations 2003

^M6731.The Cocoa and Chocolate Products (England) Regulations 2003 are amended as follows.

32. In regulation 2(1) (interpretation)—

(a) omit the definition of “the 1996 Regulations”; and

(b) after the definition of “preparation”, insert—

33. In regulation 5 (reserved descriptions), for subparagraphs (b) and (c) substitute—

“ (b) such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food;

(c) such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food is not and does not contain a designated product; or

(d) the use of such description, derivative or word to designate the food is in accordance with the customs applicable in the United Kingdom and the food cannot be confused with a product listed in column 1 of Schedule 1. ” .

34. In regulation 6 (labelling and description of designated products)—

(a) in paragraph (1), for “Part II of the 1996 Regulations” substitute “ Regulation (EU) No 1169/2011 ” ; and

(b) in paragraph (2)(b), for “the 1996 Regulations” substitute “ Article 9(1)(b) of Regulation (EU) No 1169/2011 ” .

The Honey (England) Regulations 2003

^F2835. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F29 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F30 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003

^M6938.The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003 are amended as follows.

39. In regulation 8(1) (labelling), for “Part II of the Food Labelling Regulations 1996” substitute “ Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers ” .

The Price Marking Order 2004

^M7040.The Price Marking Order 2004 is amended as follows.

41. In article 1(2) (interpretation), in the definition of “liquid medium”, for “paragraph 4” to the end substitute “ the second subparagraph of point 5 of Annex IX to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers; ” .

The Quick-frozen Foodstuffs (England) Regulations 2007

^M7142.The Quick-frozen Foodstuffs (England) Regulations 2007 are amended as follows.

43. In regulation 2(1) (interpretation)—

(a) omit the definition of “catering establishment”;

(b) in the definition of “local distribution”, for “catering establishment” substitute “ mass caterer ” ;

(c) after the definition of “local distribution”, insert—

(d) in the definition of “prepackaging”, for “the Food Labelling Regulations 1996” substitute “ Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers ” ; and

(e) for the definition of “ultimate consumer” subtitute—

44. In paragraphs (1) and (3) of regulation 5 (marking or labelling of quick-frozen foodstuffs), for “catering establishment” substitute “ mass caterer ” .

The Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007

^M7245.The Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007 are amended as follows.

46. In regulation 4(2) (offences and penalties), for subparagraph (e) substitute—

“ (e) Article 7(1), (2) and (3) ^M73 (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added). ” .

The Nutrition and Health Claims (England) Regulations 2007

^M7447.The Nutrition and Health Claims (England) Regulations 2007 are amended as follows.

48. In regulation 5(2) (offences and penalties), for subparagraph (d) substitute—

“ (d) Article 7 ^M75 (requirements for nutrition information); ” .

The Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007

^M7649.The Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007 are amended as follows.

50. In regulation 2(1) (interpretation), for the definition of “meat” substitute—

The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007

^M7851.The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 are amended as follows.

52. In regulation 2(1) (interpretation), for the definition of “advertisement” and “advertise” substitute—

The Spirit Drinks Regulations 2008

^M7953.The Spirit Drinks Regulations 2008 are amended as follows.

^M80,M81 54. In Part 2 of Schedule 2 (provisions of Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks contravention of which is an offence), in the second column of the entry in the table relating to Article 9(9) of Regulation (EC) No 110/2008 of the European Parliament and of the Council, for “Directive 2000/13/EC ” until “food enzymes” substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”.

The Eggs and Chicks (England) Regulations 2009

^M8255.The Eggs and Chicks (England) Regulations 2009 are amended as follows.

56. In regulation 3(1) (interpretation)—

(a) omit the definition of “Directive 2000/13/EC ”;

(b) for the definition of “Regulation (EC) No 2160/2003 ”, substitute—

“ “ Regulation (EC) No 2160/2003 ” means Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents ^M83 ;

“ Regulation (EU) No 1169/2011 ” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC , Council Directive 90/496/EEC , Commission Directive 1999/10/EC , Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 ; ” .

^M84 57. In Part 2 of Schedule 2 (provisions of Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs contravention of which is an offence)—

(a) in the second column of the entry in the table relating to Article 4(2) of Commission Regulation (EC) No 589/2008 , for “Directive 2000/13/EC ” substitute “ Regulation (EU) No 1169/2011 ” ;

(b) in the second column of the entry in the table relating to Article 6(3) of Commission Regulation (EC) No 589/2008 , for “Article 9(2) of Directive 2000/13/EC ” substitute “ point 1(a) of Annex X to Regulation (EU) No 1169/2011 ” ; and

(c) in the second column of the entry in the table relating to Article 13 of Commission Regulation (EC) No 589/2008 , for “Article 3(1)(5) of Directive 2000/13/EC ” substitute “ Article 9(1)(f) of Regulation (EU) No 1169/2011 ” .

The Food Safety and Hygiene (England) Regulations 2013

^M8558.The Food Safety and Hygiene (England) Regulations 2013 are amended as follows.

59. In Schedule 4 (temperature control requirements), in paragraph 8 (interpretation), for subparagraphs (a) and (b) in the definition of “shelf life” substitute—

“ (a) in relation to food for which a date of minimum durability is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required date of minimum durability;

(b) in relation to food for which a “use by” date is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required “use by” date; and ” .