
1 

(1) These Regulations may be cited as the Food Labelling Amendment (No. 2) (Scotland) Regulations 2005 and come into force on 25th November 2005.
(2) These Regulations extend to Scotland only.
2 
The Food Labelling Regulations 1996 are amended in accordance with regulations 3 to 7.
3 
In regulation 2(1) (interpretation), in the definition of “Directive 2000/13”, for the words from “and Commission Directive 2002/67/EC” to the end, substitute “, Commission Directive 2002/67/EC on the labelling of foodstuffs containing quinine and of foodstuffs containing caffeine and Commission Directive 2005/26/EC establishing a list of food ingredients or substances provisionally excluded from Annex IIIa of Directive 2000/13/EC”.
4 
For regulation 13(8)(c) (order of list of ingredients), substitute–“
(c) are not–
(i) additives;
(ii) allergenic ingredients; or
(iii) ingredients originating from an allergenic ingredient referred to in paragraphs 1 to 11 of Schedule AA1, other than, until 25th November 2007, ingredients which originate from an allergenic ingredient and are listed in column 2 of Schedule 2A in relation to that allergenic ingredient; and”.
5 
In regulation 34B (foods containing allergenic ingredients or ingredients originating from allergenic ingredients)–
(a) in paragraph (1), for “Subject to paragraph (2)” substitute “Subject to paragraphs (2) and (3)”;
(b) at the beginning of paragraph (2)(b), insert “subject to paragraph (3),”; and
(c) at the end, insert–“
(3) Paragraphs (1) and (2)(b) shall not apply before 25th November 2007 in respect of any ingredient which originates from an allergenic ingredient and is listed in column 2 of Schedule 2A in relation to that allergenic ingredient.”.
6 
In regulation 50(12)(b) (transitional provision), after “2004”, insert “(as read with the Food Labelling Amendment (No. 2) (Scotland) Regulations 2005)”.
7 
After Schedule 2 (indications of treatment), insert as Schedule 2A the contents of the Schedule to these Regulations.
LEWIS MACDONALD
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
15th September 2005
SCHEDULE
Regulation 7
“
SCHEDULE 2A
Regulations 13(8)(c) and 34B(3)


Column 1 Column 2
Allergenic ingredient Exempt ingredients originating from allergenic ingredient
Cereals containing gluten Wheat based glucose syrups including dextrose.1Wheat based maltodextrins.1Glucose syrups based on barley.Cereals used in distillates for spirits.
Eggs Lysozym (produced from egg) used in wine.Albumin (produced from egg) used as fining agent in wine and cider.
Fish Fish gelatine used as carrier for vitamins and flavours.Fish gelatine or Isinglass used as fining agent in beer, cider and wine.
Soybean Fully refined soybean oil and fat.1Natural mixed tocopherols (E306), natural D alpha tocopherol, natural D alpha tocopherol acetate, natural D alpha tocopherol succinate from soybean sources.Phytosterols and phytosterol esters derived from vegetable oils obtained from soybean sources.Plant stanol ester produced from vegetable oil sterols from soybean sources.
Milk Whey used in distillates for spirits.Lactitol.Milk (casein) products used as fining agents in cider and wines.
Nuts Nuts used in distillates for spirits.Almonds and walnuts used as flavour in spirits.
Celery Celery leaf and seed oil.Celery seed oleoresin.
Mustard Mustard oil.Mustard seed oil.Mustard seed oleoresin.Note1 And their products, in so far as the process that they have undergone is not likely to increase the level of allergenicity assessed by the European Food Safety Authority for the relevant product from which they originated.”