Food (Provisions Relating to Labelling) Regulations (Northern Ireland) 2003

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" "Directive 2000/13" means Directive 2000/13/EC of the European Parliament and of the Council[5] on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by Commission Directive 2001/101/EC[6], which was itself amended by Commission Directive 2002/86/EC[7], and as read with Commission Directive 1999/10/EC[8] providing for derogations from the provisions of Article 7 of Directive 2000/13 and Commission Directive 2002/67/EC[9] on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine;".

     4. In the following provisions -

regulation 3(1)(i) (exemptions),

regulation 19(2)(a)(i) (indication of quantities of certain ingredients or categories of ingredients),

regulation 47(b) (defence in relation to exports),

for "Directive 79/112" there shall be substituted "Directive 2000/13".

     5. In regulation 14 (names of ingredients) -

(a) in paragraph (5) there shall be inserted at the beginning "Subject to paragraph (5A)";

(b) after paragraph (5) there shall be inserted the following paragraph -

    " (5A) In the case of quinine or caffeine added to or used in a food as a flavouring, quinine or caffeine (as appropriate) shall be identified by name immediately after "flavouring".".

     6. After regulation 34 (foods containing sweeteners, added sugar and sweeteners, aspartame or polyols) there shall be inserted the following regulation -

" Drinks with high caffeine content
     34A.  - (1) Subject to paragraph (2), in the case of a drink which -


(a) is intended for consumption without modification and contains caffeine, from whatever source, in a proportion in excess of 150 milligrams per litre, or

(b) is in concentrated or dried form and after reconstitution contains caffeine, from whatever source, in a proportion in excess of 150 milligrams per litre,



that drink shall be marked or labelled with the words "High caffeine content" in the same field of vision as the name of the drink, and those words shall be followed by a reference in brackets to the caffeine content expressed in milligrams per 100 millilitres.

    (2) Paragraph (1) shall not apply to any drink based on coffee, tea or coffee or tea extract where the name of the food includes the term "coffee" or "tea".".

     7. In regulation 50 (transitional provision) there shall be inserted at the end the following paragraph -

    " (11) In any proceedings for an offence under regulation 44(a), it shall be a defence to prove that -


(a) the food concerned was marked or labelled before 1st July 2004; and

(b) the matters constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 5 and 6 of the Food (Provisions Relating to Labelling) Regulations (Northern Ireland) 2003 had not been in operation when the food was sold.".

Amendment of the Genetically Modified and Novel Foods (Labelling) Regulations (Northern Ireland) 2000
     8. In the Genetically Modified and Novel Foods (Labelling) Regulations (Northern Ireland) 2000[10] -

(a) in regulation 2(1) (interpretation) -


(i) there shall be substituted for the definition of "Directive 79/112" the following definition -

"Directive 2000/13" means Directive 2000/13/EC of the European Parliament and of the Council[11] on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by Commission Directive 2001/101/EC[12], which was itself amended by Commission Directive 2002/86/EC[13];";

(ii) in the definition of "Regulation 1139/98" for "Directive 79/112/EEC" there shall be substituted "Directive 2000/13";



(b) in regulation 3(1) (exemptions) and regulation 9(b) (defence in relation to exports), for "Directive 79/112" there shall be substituted "Directive 2000/13".

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on


13th October 2003.

L.S.

D. Kenny
A Senior Officer of the Department of Health, Social Services and Public Safety

[2] S.I. 1991/762 (N.I. 7) as amended by S.I.1996 /1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28back

[3] O.J. No. L31, 1.2.2002, p. 1back

[4] S.R. 1996 No.383; the relevant amending Regulations are S.R. 1998 No. 253, S.R. 1999 Nos. 143, 244 and 286, S.R. 2000 Nos. 189 and 303, and S.R. 2003 No. 159back

[5] O.J. No. L109, 6.5.2000, p. 29, as corrected by a Corrigendum (O.J. No. L124, 25.5.2000, p. 66)back

[6] O.J. No. L310, 28.11.2001, p. 19back

[7] O.J. No. L305, 7.11.2002, p. 19back

[8] O.J. No. L69, 16.3.1999, p. 22back

[9] O.J. No. L191, 19.7.2002, p. 20back

[10] S.R. 2000 No. 189back

[11] O.J. No. L109, 6.5.2000, p. 29, as corrected by a Corrigendum (O.J. No. L124, 25.5.2000, p. 66)back

[12] O.J. No. L310, 28.11.2001, p. 19back

[13] O.J. No. L305, 7.11.2002, p. 19back