
1 
These Regulations may be cited as the Food Labelling (Amendment) (No. 2) Regulations 1999 and shall come into force on 30th June 1999.
2 
The Food Labelling Regulations 1996 shall be amended in accordance with regulations 3 to 7 of these Regulations.
3 
In regulation 2(1) (interpretation) there shall be inserted in the definition of “Directive 79/112” at the end the words “and Commission Directive 1999/10/EC providing for derogations from the provisions of Article 7 of Council Directive 79/112/EEC as regards the labelling of foodstuffs”.
4 
In regulation 3(5) (exemptions) there shall be substituted for the words “and regulation 41” the words “and regulation 42(1)”.
5 
In regulation 19 (indication of quantities of certain ingredients or categories of ingredients)–
(a) in paragraph (1) there shall be substituted for the words “paragraph (2) of” the words “paragraphs (2) and (2A) of”;
(b) after paragraph (2) there shall be inserted the following paragraph–“
(2A) Sub-paragraphs (a) and (b) of paragraph (1) of this regulation shall not apply in the case of–
(a) any ingredient or category of ingredients covered by the indication “with sweetener(s)” or “with sugar(s) and sweetener(s)” if that indication accompanies the name of the food pursuant to regulation 34; or
(b) any added vitamin or mineral if that substance is the subject of nutrition labelling relating to the food in question.”;
(c) in paragraph (3)(a) there shall be inserted at the beginning the words “subject to paragraph (4) of this regulation,”;
(d) at the end there shall be inserted the following paragraph–“
(4) Notwithstanding sub-paragraph (a) of paragraph (3) of this regulation–
(a) where the food has lost moisture as a result of treatment, the indication of quantity of the ingredient or category of ingredients used shall be expressed as a percentage which shall be determined by reference to the finished product unless that quantity, or the total quantity of the ingredients or categories of ingredients indicated, would exceed 100%, in which case the indication of quantity shall be on the basis of the weight of the ingredient or category of ingredients used to prepare 100g of the finished product;
(b) the indication of quantity of a volatile ingredient or category of volatile ingredients used shall be on the basis of its proportion by weight in the finished product;
(c) the indication of quantity of an ingredient or category of ingredients which has been used in concentrated or dehydrated form and which is reconstituted during preparation of the food may be on the basis of its proportion by weight before concentration or dehydration;
(d) where the food is in concentrated or dehydrated form and is intended to be reconstituted by the addition of water as directed in the labelling of the food, the indication of quantity of the ingredient or category of ingredients may be on the basis of its proportion by weight in the food when reconstituted as so directed.”.
6 
In regulation 26 (small packages and certain indelibly marked bottles) there shall be substituted for paragraph (3A) the following paragraph–“
(3A) The other particulars for the purposes of paragraph (3) of this regulation are those specified in regulation 32 and, in the case of any food to which paragraph (1) of this regulation applies, the particulars specified in regulations 33 and 34 and the GMO particulars.”.
7 
In regulation 50 (transitional provision) there shall be inserted at the end the following paragraph–“
(9) In any proceedings for an offence under regulation 44(1)(a), it shall be a defence to prove that–
(a) the food concerned was prepacked before 14th February 2000, and
(b) the matters constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3, 5(c) and (d) and 6 of the Food Labelling (Amendment) (No. 2) Regulations 1999 had not been made when the food was prepacked.”.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
21st May 1999Signed by authority of the Secretary of State for Health:
Tessa Jowell
Minister of State for Public Health,
Department of Health
24th May 1999Signed by authority of the Secretary of State for Wales:
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
25th May 1999Sewel
Parliamentary Under Secretary of State, Scottish Office
24th May 1999