Labelling of Food Regulations 1967

JurisdictionUK Non-devolved

1967 No. 1864

FOOD AND DRUGS

The Labelling of Food Regulations 1967

14thDecember 1967

21stDecember 1967

1stJanuary 1968in all other respects4thJanuary 1971

ARRANGEMENT OF REGULATIONS

PART I

PRELIMINARY

1. Citation and commencement.

2. Interpretation.

3. "Appropriate designation".

4. Exemptions.

PART II

GENERAL REQUIREMENTS

5. Labelling of pre-packed food for sale by retail.

6. Exemptions from regulation 5.

7. Labelling of exempted pre-packed food for sale by retail.

8. Labelling of pre-packed food for sale otherwise than by retail.

9. Advertisement of food, other than pre-packed, for sale by retail.

10. Advertisement of food for sale from vending machines.

PART III

SPECIAL REQUIREMENTS AS TO LABELLING AND ADVERTISEMENT OF CERTAIN FOODS.

11. Intoxicating liquor.

12. Intoxicating liquor.

13. Processed peas.

14. Acetic acid.

15. Tenderised meat.

16. Use of the word "milk".

PART IV

MISCELLANEOUS

17. Manner of marking and labelling.

18. Use of trade marks.

PART V

ADMINISTRATIVE PROVISIONS

19. Penalties and enforcement.

20. Defences.

21. Application of various sections of the Act.

PART VI

AMENDMENTS AND REVOCATIONS

22. Amendment of the Meat Pie and Sausage Roll Regulations 1967.

23. Amendment of the Canned Meat Product Regulations 1967.

24. Amendment of the Sausage and Other Meat Product Regulations 1967.

25. Revocations.

SCHEDULES

Schedule 1. Appropriate designations of fish.

Schedule 2. Foods partly exempt from regulation 5.

Schedule 3. Part I. Foods required to be labelled when for sale by retail otherwise than pre-packed.

Part II. Foods exempt from a labelling requirement as to permitted additives when for sale by retail otherwise than pre-packed.

Schedule 4. Manner of marking or labelling.

Schedule 5. Order and regulations revoked.

The Minister of Agriculture, Fisheries and Food and the Minister of Health, acting jointly, in exercise of the powers conferred upon them by sections 7, 123 and 136(2) of, and paragraph 2(2) of Schedule 12 to, the Food and Drugs Act 1955(a) 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 reference to the Food Hygiene Advisory Council under section 82 of the said Act:—

PART I

PRELIMINARY

Citation and commencement

1. These regulations may be cited as the Labelling of Food Regulations 1967, and shall come into operation—

(a) 4 & 5 Eliz. 2. c. 16.

(a) insofar as they apply to any food (other than a soft drink) containing calcium cyclamate, sodium cyclamate or cyclamic acid or any mixture of two or all of those substances, on 1st January 1968; and

(b) in all other respects, on 4th January, 1971.

Interpretation

2.—(1) In these regulations, unless the context otherwise requires—

"the Act" means the Food and Drugs Act 1955;

"appropriate designation" has the meaning assigned to it by regulation 3;

"biscuits" includes wafers, rusks, crispbreads, oatcakes, matzos and chocolate-coated, chocolate-filled or chocolate-flavoured biscuits;

"calcium cyclamate", "sodium cyclamate" and "cyclamic acid" have the meanings assigned to them respectively by the Artificial Sweeteners in Food Regulations 1967(a);

"chocolate confectionery" means any solid or semi-solid product complete in itself and suitable for consumption without further preparation or processing, of which the characteristic ingredient is chocolate or cocoa, with or without the addition of nuts or fruit; and includes any kind of chocolate and products made by enrobing, coating or embedding sugar confectionery or other ingredients in chocolate, but does not include chocolate-coated, chocolate-filled or chocolate-flavoured biscuits, flour confectionery, any kind of ice-cream including chocolate ice-cream, or pharmaceutical products;

"container" includes any form of packaging of food for sale as a single item, whether by way of wholly or partly enclosing the food or by way of attaching the food to some other article and in particular includes a wrapper or confining band, but does not include any crimp case used to support the base or the base and sides of flour confectionery, sugar confectionery or chocolate confectionery or any similar product partly or wholly encased in pastry if such a product has been subject to a baking or cooking process;

"fish" includes edible molluscs and crustacea;

"flavouring" includes flavouring essence and flavouring extract and means any product consisting of a flavouring agent and such other substances, if any, the use of which in food is not forbidden and which are reasonably necessary to produce a solid, a solution or an emulsion, but no other ingredient or ingredients;

"flavouring agent" means any sapid or odorous substance capable of imparting and primarily intended to impart a specific and distinctive taste or odor to food, but does not include herbs, spices, onions, garlic, salt, fruit juices, soft drinks, fruit acids, acetic acid, any carbohydrate material, any purine derivative, any preparation of yeast, coffee or chicory or any substances prepared by the hydrolysis of protein-containing materials;

"flour confectionery" means any solid or semi-solid product complete in itself and suitable for consumption without further preparation or processing other than heating, of which the characteristic ingredient, apart from any filling, is ground cereal, whether or not flavoured, coated with or containing any carbohydrate sweetening matter, chocolate or cocoa; and includes shortbread, sponges, pastry, pastry cases, crumpets, muffins, macaroons, ratafias, meringues and petit fours, but does not include pharmaceutical products, bread, biscuits or any product containing a filling which has as an ingredient any meat or fish;

(a) S.I. 1967/1119 (1967 II, p. 3274).

"food" means food intended for sale for human consumption and includes—

(a) cream and any food containing milk, and

(b) drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products;

but does not include—

(i) water, live animals or birds, or

(ii) articles or substances used only as drugs;

"food and drugs authority" has the meaning assigned to it by section 83 of the Act;

"greatest dimension of container", in relation to a rectilinear or approximately rectilinear container, means the height, length or breadth thereof, whichever is the greatest, and in relation to a container with a curvilinear or approximately curvilinear cross-section, the height or maximum diameter thereof, whichever is the greater;

"human consumption" includes use in the preparation of food for human consumption;

"intoxicating liquor" means spirits, wine, beer, cider, perry and sweets and any fermented, distilled or spirituous liquor which cannot lawfully be sold without an excise licence;

"main ingredient" means an ingredient which comprises not less than 90 per cent. by weight of the food of which it is an ingredient;

"meal" means any collection of two or more foods of distinctly different kinds which is suitable for consumption as a complete meal and is packed as a meal in a container bearing a label on which there appears in a conspicuous position a clear and legible statement to the effect that it is a complete meal and which at the time of sale is ready for consumption without cooking, heating or other preparation; but does not include any meat product or canned meat product of a kind referred to in regulation 5(2)(c) of the Sausage and Other Meat Product Regulations 1967(a) or regulation 6(8)(c) of the Canned Meat Product Regulations 1967(b), as the case may be;

"meat" means the flesh including fat, rind, skin, gristle and sinew of any animal or bird intended for human consumption and includes cured meat and offal, but does not include fish, sausage, sausage meat, meat pie, pie filling, luncheon meat, meat roll or other meat products;

"mineral hydrocarbon" means any mineral hydrocarbon of a kind referred to in regulation 3(2) of the Mineral Hydrocarbons in Food Regulations 1966(c);

"permitted antioxidant" means any antioxidant inasmuch as its use in food is permitted by the Antioxidant in Food Regulations 1966(d);

"permitted artificial sweetener" means any artificial sweetener inasmuch as its use in food is permitted by the Artificial Sweeteners in Food Regulations 1967;

"permitted bleaching agent" means any bleaching agent inasmuch as its use in food is permitted by the Bread and Flour Regulations 1963(e);

"permitted colouring matter" means any colouring matter inasmuch as its use in food is permitted by the Colouring Matter in Food Regulations 1966(f)

(a) S.I. 1967/862 (1967 II, p. 2583).

(b) S.I. 1967/861 (1967 II, p. 2569).

(c) S.I. 1966/1073 (1966 II, p. 2644).

(d) S.I. 1966/1500 (1966 III, p. 4140).

(e) S.I. 1963/1435 (1963 II, p. 2464).

(f) S.I. 1966/1203 (1966 III, p. 3203).

"permitted emulsifier" means any emulsifier inasmuch as its use in food is permitted by the Emulsifiers and Stabilisers in Food Regulations 1962(a);

"permitted improving agent" means any improving agent inasmuch as its use in food is permitted by the Bread and Flour Regulations 1963;

"permitted preservative" means any preservative inasmuch as its use in food is permitted by the Preservatives in Food Regulations 1962(b);

"permitted solvent" means any solvent inasmuch as its use in food is permitted by the Solvents in Food Regulations 1967(c);

"permitted stabiliser" means any stabiliser inasmuch as its use in food is permitted by the Emulsifiers and Stabilisers in Food Regulations 1962;

"pharmaceutical product" means any product which is intended for use for a specific therapeutic purpose;

"pre-packed" means made up in advance in or on a container ready for sale by retail, save that in relation to any food with one main ingredient, this expression means so made up in or on a container other than a...

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