
1 

(1) These Regulations may be cited as the Food Labelling Amendment (Scotland) Regulations 2003.
(2) Regulations 1 to 4 shall come into force on 18th December 2003 and regulations 5 to 7 shall come into force on 1st July 2004.
(3) These Regulations shall extend to Scotland only.
2 
The Food Labelling Regulations 1996 shall be amended in accordance with regulations 3 to 7.
3 
In regulation 2(1) (interpretation)–
(a) in the definition of “Directive 94/54”, for “Directive 79/112” substitute “Directive 2000/13”; and
(b) after the definition of “Directive 99/2” insert–“
 “Directive 2000/13” means Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs as corrected by a corrigendum published on 25th May 2000, as amended by Commission Directive 2001/101/EC, which was itself amended by Commission Directive 2002/86/EC, and as read with Commission Directive 1999/10/EC providing for derogations from the provisions of Article 7 of Directive 2000/13 and Commission Directive 2002/67/EC on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine;”.
4 

(1) In each of the provisions specified in paragraph (2) below for “Directive 79/112”, wherever it occurs, substitute “Directive 2002/13”.
(2) The specified provisions are regulations 3(1)(i) (exemptions), 19(2)(a)(i) (indication of quantities of certain ingredients or categories of ingredients) and 47(b) (defence in relation to exports).
5 
In regulation 14 (names of ingredients)–
(a) in paragraph (5) insert at the beginning “Subject to paragraph (5A) of this regulation,”;
(b) after paragraph (5) insert–“
(5A) In the case of quinine or caffeine added to or used in a food as a flavouring, quinine or caffeine (as appropriate) shall be identified by name immediately after the word “flavouring” or “flavourings”.”.
6 
After regulation 34 (foods containing sweeteners, added sugar and sweeteners, aspartame or polyols) insert–“
34A. 

(1) Subject to paragraph (2), in the case of a drink which–
(a) is intended for consumption without modification and contains caffeine from whatever source, in a proportion in excess of 150 milligrams per litre; or
(b) is in concentrated or dried form and is intended for consumption after reconstitution and contains caffeine, from whatever source, in a proportion in excess of 150 milligrams per litre,
that drink shall be marked or labelled with the words “High caffeine content” in the same field of vision as the name of the food, and those words shall be followed by a reference in brackets to the caffeine content expressed in milligrams per 100 millilitres.
(2) Paragraph (1) of this regulation shall not apply to any drink based on coffee, tea or coffee or tea extract where the name of the food includes the term “coffee” or “tea”.”.
7 
In regulation 50 (transitional provision) insert at the end–“
(11) In any proceedings for an offence under regulation 44(1)(a), it shall be a defence to prove that–
(a) the food concerned was marked or labelled before 1st July 2004; and
(b) the matters constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 5 and 6 of the Food Labelling Amendment (Scotland) Regulations 2003 had not been in force when the food was sold.”.
TOM McCABE
Authorised to sign by the Scottish Executive
St Andrew’s House, Edinburgh
27th November 2003