
1 
These Regulations may be cited as the Food Labelling (Amendment) (England) (No. 2) Regulations 2005; they apply in relation to England only and come into force on 25th November 2005.
2 
The Food Labelling Regulations 1996  shall be amended (in so far as they apply in relation to England) 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 there shall be substituted the words “
            , 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/ECwhich was itself amended by Commission Directive 2005/63/EC”.
4 
In regulation 13(8)(c)

			(order of list of ingredients) there shall be inserted at the end the words “
            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
          ”.
5 
In regulation 34B (foods containing allergenic ingredients or ingredients originating from allergenic ingredients)

			—
(a) in paragraph (1) for the words  “Subject to paragraph (2)” there shall be substituted the words “
                Subject to paragraphs (2) and (3)
              ”;
(b) in paragraph (2)(b) there shall be inserted at the beginning the words “
                subject to paragraph (3) of this regulation,
              ”;
(c) there shall be inserted at the end the following paragraph —“
(3) Paragraphs (1) and (2)(b) of this regulation shall not apply before 25th November 2007 as respects 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)(iii)

			(transitional provision) there shall be inserted after the number  “12” the words “
            (as read with regulation 5 of the Food Labelling (Amendment)

				(England)

				(No. 2) Regulations 2005)
          ”.
7 
After Schedule 2 (indications of treatment) there shall be inserted as Schedule 2A the contents of the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State
Department of Health

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.1
  
Wheat based maltodextrins1.
Glucose 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 a carrier for vitamin or carotenoid preparations and flavours.
Fish gelatine or Isinglass used as fining agent in beer, cider and wine.


Soybean
Fully refined soybean oil and fat1.
Natural 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.
(Note)(1) 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.”