
1 

(1) These Regulations may be cited as the Food Labelling Amendment (Scotland) Regulations 2005 and shall come into force on 20th May 2006.
(2) These Regulations extend to Scotland only.
2 
The Food Labelling Regulations 1996 are amended in accordance with regulations 3 to 8.
3 
In regulation 2(1) (interpretation), in the definition of “Directive 94/54”, insert at the end “and Commission Directive 2004/77/EC”.
4 
In regulation 23(2A) (food which is not prepacked and similar food, and fancy confectionery products), insert at the end “or regulation 34C”.
5 
In regulation 26 (small packages and certain indelibly marked bottles), in paragraphs (1)(a)(ii) and (3A), for “regulations 33 and 34”, substitute “regulations 33, 34 and 34C”.
6 
In regulation 27(1) (certain food sold at catering establishments), for “regulations 32, 33, 34 and 34B”, substitute “regulations 32, 33, 34, 34B and 34C”.
7 
After regulation 34B (foods containing allergenic ingredients or ingredients originating from allergenic ingredients), insert–“
34C. 

(1) This regulation applies to any confectionery or drink which contains glycyrrhizinic acid or its ammonium salt as a result of the addition of that acid or salt as such or of the liquorice plant Glycyrrhiza glabra, and references in this regulation to “relevant concentration” are to the concentration of that acid or salt in the food–
(a) manufactured as ready for consumption; or
(b) if it is not so manufactured, as reconstituted according to its manufacturer’s instructions.
(2) In the case of–
(a) any confectionery which contains a relevant concentration of at least 100 mg/kg but less than 4 g/kg;
(b) any drink which contains more than 1.2 per cent by volume of alcohol and a relevant concentration of at least 10 mg/1 but less than 300 mg/1; and
(c) any drink which contains no, or no more than, 1.2 per cent by volume of alcohol and which contains a relevant concentration of at least 10 mg/1 but less than 50 mg/1,
that food shall be marked or labelled with the indication “contains liquorice”, unless the term “liquorice” appears in the list of ingredients or in the name of the food.
(3) In the case of–
(a) any confectionery which contains a relevant concentration of at least 4 g/kg;
(b) any drink which contains more than 1.2 per cent by volume of alcohol and a relevant concentration of at least 300 mg/1; and
(c) any drink which contains no, or no more than, 1.2 per cent by volume of alcohol and which contains a relevant concentration of at least 50 mg/1,
that food shall be marked or labelled with the indication “contains liquorice – people suffering from hypertension should avoid excessive consumption”.
(4) The indications required by paragraphs (2) and (3) of this regulation shall appear immediately after the list of ingredients or, in the absence of such a list, near the name of the food.”.
8 
In regulation 50 (transitional provision), insert at the end–“
(13) 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 20th May 2006; and
(b) the matters constituting the alleged offence would not have constituted an offence under the Food Labelling Regulations 1996 if the amendments made by the Food Labelling Amendment (Scotland) Regulations 2005 had not been in force when the food was sold.”.
RHONA BRANKIN
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
20th April 2005