Citation, commencement and extent

1.–(1) These Regulations may be cited as the Food Labelling (Nutrition Information) (Scotland) Regulations 2009 and come into force on 30th October 2009.

(2) These Regulations extend to Scotland only.

Amendment of the Food Labelling Regulations 1996

2.–(1) The Food Labelling Regulations 1996(4) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1) (interpretation)–

(a) in the definition of "Directive 90/496" after the words "Commission Directive 2003/120/EC"(5) insert "and Commission Directive 2008/100/EC(6)"; and

(b) after the definition of "fat" insert the following:–

""fibre", in the context of nutrition labelling, means carbohydrate polymers with three or more monomeric units, which are neither digested nor absorbed in the human small intestine and belong to the following categories:–

(3) In regulation 50 (transitional provision), after paragraph (15) add the following as paragraph (16):–

"(16) In any proceedings for an offence under regulation 44(1)(b) it shall be a defence to prove that–

(a) the food concerned–

(i) if sold, was sold before the 31st October 2012, and

(ii) if advertised for sale, was advertised for sale before 31st October 2012 but not on or after that date; and

(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2 of the Food Labelling (Nutrition Information) (Scotland) Regulations 2009 had not been in force when the food was sold or advertised, as the case may be.".

(4) For the entries in Table A (vitamins in respect of which claims may be made) in Schedule 6, Part II (restricted claims), substitute the entries set out in Schedule 1 to these Regulations.

(5) For the entries in Table B (minerals in respect of which claims may be made) in Schedule 6, Part II (restricted claims), substitute the entries set out in Schedule 2 to these Regulations.

(6) In Schedule 7, Part I (presentation of prescribed nutrition labelling), paragraph 5–

(a) at the end of sub-paragraph (g) for the full stop substitute a semi-colon; and

(b) after sub-paragraph (g) add the following sub-paragraphs:–

"(h) 1 gram of fibre shall be deemed to contribute 8kJ (2 kcal);

(i) 1 gram of erythritol shall be deemed to contribute 0kJ (0kcal).".

Regulation 2(4)

SCHEDULE 1 Entries to be substituted in Table A (vitamins in respect of which claims may be made) in Schedule 6, Part II, to the Food Labelling Regulations 1996

Regulation 2(5)

SCHEDULE 2 Entries to be substituted in Table B (minerals in respect of which claims may be made) in Schedule 6, Part II, to the Food Labelling Regulations 1996

EXPLANATORY NOTE

(This note is not part of the Regulations)

1. These Regulations further amend the Food Labelling Regulations 1996 ("the principal Regulations") in so far as they apply in relation to Scotland. The principal Regulations extend to the whole of Great Britain.

2. These Regulations implement in Scotland Commission Directive 2008/100/EC amending Council Directive 90/496/EEC on nutrition labelling for foodstuffs as regards recommended daily allowances, energy conversion factors and definitions (O.J. No. L 285, 29.10.08, p.9) ("the Commission Directive").

3. These Regulations implement the Commission Directive by amending the principal Regulations so as to–

(a) include a definition of "fibre" (regulation 2(2));

(b) provide for a transitional period for the phasing in of the new provisions (regulation 2(3));

(c) amend the lists of vitamins and minerals in respect of which nutrition claims may be made, both as regards the substances included and the recommended daily allowances (regulation 2(4) and (5), with Schedules 1 and 2); and

(d) provide conversion factors for calculating the energy value of fibre and erythritol (regulation 2(6)).

4. A full impact assessment of the effect that these Regulations are likely to have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), Labelling Division, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.