|Made||17th December 2004|
|Coming into operation||12th January 2005|
(2) Food shall be regarded as prepacked for the purposes of these Regulations if -
but food shall not be regarded as prepacked for the purposes of these Regulations if it comprises an individually wrapped sweet or chocolate which is not enclosed in any further packaging and which is not intended for sale as an individual item.
(3) Other expressions used both in these Regulations and in Directive 2000/13 have the same meaning in these Regulations as they have in that Directive.
Offences and penalty
3. Subject to regulation 4, if any person -
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4. In the case of -
such food need not be labelled with any of the specified particulars other than the key particulars.
Manner of labelling: general requirement
5. When any food other than food to which regulation 6 applies is sold, any particulars with which it is required to be labelled by Regulation 608/2004 shall appear -
save that, where the sale is otherwise than to the ultimate consumer, such particulars may, alternatively, appear only on the commercial documents relating to the food where it can be guaranteed that such documents, containing all such particulars, either accompany the food to which they relate or were sent before, or at the same time as, delivery of the food.
Manner of labelling: special rules
6. - (1) This regulation applies to -
(2) When any food to which this regulation applies is sold to the ultimate consumer, the key particulars with which that food is required to be labelled by Regulation 608/2004 as read with regulation 4 shall appear -
(3) When any food to which this regulation applies is sold otherwise than to the ultimate consumer, the key particulars with which that food is required to be labelled by Regulation 608/2004 as read with regulation 4 shall appear -
Intelligibility of labelling
7. - (1) The particulars with which a food is required to be labelled as referred to in regulations 5 and 6, or which appear on a menu, notice, ticket or label pursuant to regulation 6, shall be easy to understand, clearly legible and indelible and, when a food is sold to the ultimate consumer, the said particulars shall be marked in a conspicuous place in such a way as to be easily visible.
(2) Such particulars shall not in any way be hidden, obscured or interrupted by any other written or pictorial matter.
(3) Paragraph (1) shall not be taken to preclude the giving of such particulars at mass caterers, in respect of foods the variety and type of which are changed regularly, by means of temporary media (including the use of chalk on a blackboard).
8. Each district council shall enforce and execute these Regulations within its district.
Defence in relation to exports
9. In any proceedings for an offence under these Regulations, it shall be a defence for the person charged to prove that the food in respect of which the offence is alleged to have been committed -
Application of various provisions of the Order
10. - (1) The following provisions of the Order shall apply for the purposes of these Regulations and any reference in them to the Order shall be construed as a reference to these Regulations -
(2) In the application of Article 33 of the Order (powers of entry) for the purposes of these Regulations, the reference in paragraph (1)(a) shall be construed as including references to Regulation 608/2004.
(3) The following provisions of the Order shall apply for the purposes of these Regulations and any reference in them to the Order shall be construed as including a reference to these Regulations as read with Regulation 608/2004 -
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
17th December 2004.
A senior officer of the Department of Health, Social Services and Public Safety