Food Labelling Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1849 |
| Year | 1980 |
1980 No. 1849
FOOD AND DRUGS
LABELLING
The Food Labelling Regulations 19802ndDecember 1980
11thDecember 1980
1stJanuary 1981Remainder1stJanuary 1983
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY
1. Citation and commencement.
2. Interpretation.
3. Exemptions.
PART II
FOOD TO BE DELIVERED AS SUCH TO THE ULTIMATE CONSUMER OR TO CATERERS
Scope and general labelling requirement
4. Scope of Part II.
5. General labelling requirement.
Name of the food
6. Name prescribed by law.
7. Customary name.
8. Indication of true nature of food.
9. Form of name.
10. Trade marks, brand names and fancy names.
11. Indication of physical condition or treatment.
List of ingredients
12. Heading of list of ingredients.
13. Order of list of ingredients.
14. Names of ingredients.
15. Compound ingredients.
16. Added water.
17. Ingredients which need not be named.
18. Foods which need not bear a list of ingredients.
Ingredients given special emphasis
19. Indication of minimum or maximum percentage of ingredients.
Indiciation of minimum durability
20. Form of indication of minimum durability.
21. Foods which need not bear an indication of minimum durability.
Instructions for use
22. Requirements relating to instructions for use.
Omission of certain particulars
23. Food which is not prepacked and similar food.
24. Fancy confectionery products.
25. Indication of additives.
26. Small packages.
27. Food for immediate consumption where sold.
28. Other food for immediate consumption.
Additional labelling requirements for certain categories of food
29. Food sold from vending machines.
30. Alcoholic drinks.
Manner of marking or labelling
31. General requirement.
32. Food to which regulation 23, 24, 27 or 28 applies.
33. Intelligibility.
34. Field of vision.
PART III
CLAIMS AND MISLEADING DESCRIPTIONS
35. Claims relating to foods for particular nutritional uses.
36. Medicinal claims.
37. Misleading descriptions.
38. The word "wine".
PART IV
OFFENCES AND LEGAL PROCEEDINGS
39. Offences and penalties.
40. Enforcement.
41. Defences.
42. Application of various provisions of the Act.
PART V
AMENDMENTS, REVOCATIONS AND TRANSITIONAL PROVISIONS
43. Amendments.
44. Revocations.
45. Transitional provisions.
SCHEDULES
Schedule 1. Names prescribed by law
Schedule 2. Indications of treatment
Schedule 3. Generic names in list of ingredients
Schedule 4. Categories of additives which must be identified
in a list of ingredients by their category name
Schedule 5. Claims relating to foods for particular
nutritional uses: prescribed energy statement
Schedule 6. Misleading descriptions.
Schedule 7. Amendments.
Part I. Provisions relating to sales to
caterers.
Part II. Provisions relating to manner of
marking or labelling.
Part III. Amendments consequent upon the
revocation of the Labelling of FFood
Regulations 1970.
Schedule 8. Revocations.
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Social Services and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 4, 7 and 123 of the Food and Drugs Act 1955(a), and now vested in them(b), and of all other powers enabling them in that behalf, hereby make the following regulations, after consultation with such organisations as appear to them to be representative of interests substantially affected by the regulations and after reference to the Food Hygiene Advisory Council under section 82 of the said Act (in so far as the regulations are made under the said section 7):—
PART I
PRELIMINARY
Citation and commencement
1. These regulations may be cited as the Food Labelling Regulations 1980 and shall come into operation—
(a) as respects regulations 1, 2 and 45 on 1st January 1981, and
(b) as respects the remainder on 1st January 1983.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs Act 1955;
"additive" means any substance, not commonly regarded or used as food, which is added to, or used in or on, food at any stage to affect its keeping qualities, texture, consistency, appearance, taste, odour, alkalinity or acidity, or to serve any other technological function in relation to food, and includes processing aids in so far as they are added to, or used in or on, food as aforesaid, but does not include—
(a) 1955 c. 16 (4 & 5 Eliz. 2); section 4 was amended by section 4(1) of and paragraph 3(1) of Schedule 4 to the European Communities Act 1972 (c. 68).
(b) S.I. 1968/1699, 1978/272.
(a) vitamins, minerals or other nutrients in so far as they are used solely for the purpose of fortifying or enriching food or of restoring the constituents of food,
(b) herbs or spices when used as seasoning,
(c) hops,
(d) salt,
(e) yeast or yeast extracts,
(f) the total products of any hydrolysis or autolysis of food protein,
(g) starter cultures,
(h) malt or malt extract,
(i) any substance which is present in food solely as a result of its addition to animal, bird or fish feedingstuffs or its use in a process or treatment carried out in crop husbandry, animal husbandry, veterinary medicine or storage (including any pesticide, fumigant, sprout depressant or veterinary medicine), or
(j) air or water;
"the additives regulations" means the Colouring Matter in Food Regulations 1973(a), the Antioxidants in Food Regulations 1978(b), the Preservatives in Food Regulations 1979(c), the Emulsifiers and Stabilisers in Food Regulations 1980(d) and the Miscellaneous Additives in Food Regulations 1980(e);
"advertisement" has the same meaning as in the Act, except that it does not include any form of labelling, and "advertise" shall be construed accordingly;
"alcoholic strength by mass" and "alcoholic strength by volume" have the meanings assigned to them by the Alcohol Tables Regulations 1979(f);
"aromatised wine" means vermouth or any other wine flavoured with aromatic extracts;
"biscuits" includes wafers, rusks, crispbreads, oatcakes and matzos;
"catering establishment" means a restaurant, canteen, club, public house, school, hospital or other establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer for immediate consumption;
"chocolate confectionery" means any food which is ready for consumption without further preparation, of which a characterising ingredient is chocolate or cocoa, and includes food of which a characterising ingredient is carbohydrate sweetening matter and which has a chocolate or chocolate flavoured coating, but does not include any biscuits, chocolate products, flour confectionery or ice-cream;
"chocolate product" has the meaning assigned to it by the Cocoa and Chocolate Products Regulations 1976(g);
"confectionery product" means any item of chocolate confectionery or sugar confectionery;
"disease" includes any injury, ailment or adverse condition, whether of body or mind;
(a) S.I. 1973/1340; relevant amending instruments are S.I. 1975/1488, 1976/2086 and 1978/1787.
(b) S.I. 1978/105, amended by S.I. 1980/1831.
(c) S.I. 1979/752, to which there is an amendment not relevant to these regulations.
(d) S.I. 1980/1833.
(e) S.I. 1980/1834.
(f) S.I. 1979/132.
(g) S.I. 1976/541.
"edible ice" includes ice-cream, water ice and fruit ice, whether alone or in combination, and any similar food;
"flour confectionery" means any cooked food which is ready for consumption without further preparation (other than reheating), of which a characterising ingredient is ground cereal, including shortbread, sponges, crumpets, muffins, macaroons, ratafias, pastry and pastry cases, and also includes meringues, petits fours and uncooked pastry and pastry cases, but does not include bread, pizzas, biscuits or any food containing a filling which has as an ingredient any cheese, meat, offal, fish, shellfish, vegetable protein material or microbial protein material;
"food and drugs authority" has the meaning assigned to it by section 198 of the Local Government Act 1972(a);
"ingredient" means any substance, including any additive and any constituent of a compound ingredient, which is used in the preparation of a food and which is still present in the finished product, even if in altered form;
"labelling", in relation to a food, includes any words, particulars, trade mark, brand name, pictorial matter or symbol relating to the food and appearing on the packaging of the food or on any document, notice, label, ring or collar accompanying the food;
"liqueur wine"—
(a) in relation to a drink produced in the European Economic Community, has the meaning assigned to it by Annex II to Council Regulation (EEC) No. 337/79(b) on the common organization of the market in wine, and
(b) in relation to a drink produced elsewhere, has the meaning assigned to it by article 2 of Council Regulation (EEC) No. 339/79(c) defining certain products falling within heading Nos. 20.07, 22.04 and 22.05 of the Common Customs Tariff and originating in third countries;
"prepacked", in relation to a food, means put into packaging (including a confining band) before being offered for sale in such a way that the food, whether wholly or only partly enclosed, cannot be altered without opening or changing the packaging and is ready for sale to the ultimate consumer or to a catering establishment, and includes a food which is wholly enclosed in packaging before being offered for sale and which is intended to be cooked without opening the packaging and which is ready for sale to the ultimate consumer or to a catering establishment, but does not include individually wrapped sweets or chocolates which are not enclosed in any further packaging and which are not intended for sale as individual items;
"sell" includes offer or expose for sale and have in possession for sale, and "sale" and "sold" shall be construed accordingly;
"serial number", in relation to an additive, means the number specified for that additive in Schedule 1 to any of the additives...
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