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Make
further provision for relevant information about food, including
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information about the country
of origin, contents and standards of production |
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of that food, to be made available
to consumers by labelling, marking or in |
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other ways; and for connected
purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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In this Act, unless the context
otherwise requires— |
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“food”
is to be interpreted in accordance with section 1 of the Food
Safety |
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Act
1990 (c. 16), but does not include food to which regulations
26, 27 |
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and
28 of the Food Labelling Regulations 1996 (“the Regulations”)
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5 |
apply,
or sea fish or shellfish listed in Schedule 1 to the Regulations; |
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“ingredient”
has the meaning assigned to it by the Regulations; |
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“labelling”
has the meaning assigned to it by the Regulations; |
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“livestock”
has the meaning assigned to it by the Agricultural Holdings |
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Act
1986 (c. 5), but including salmon and freshwater fish listed
in |
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Schedule
1 to the Regulations; |
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“major
ingredient” means an ingredient which forms more than 25
per |
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cent.
by weight of a food; |
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“production
standards” means the minimum legal requirements relating
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to
husbandry which must be observed by food producers, including
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requirements
relating to animal welfare, food safety and |
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environmental
protection; and |
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“ultimate
consumer” has the meaning assigned to it by the Regulations. |
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2 |
Labelling:
countries of origin |
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(1) |
Food which is sold to a consumer
shall be marked or labelled with— |
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(a) |
particulars of the country
or countries of origin of the food; and |
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(b) |
where the food has more than
one ingredient, particulars of the country |
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or countries of origin of
each major ingredient. |
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(2) |
Where
food to which subsection (1) applies has been processed or packaged
in |
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a country or countries other
than the country or countries of origin, particulars |
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of the country or countries
of origin shall be marked or labelled in no less |
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prominent a manner than the
particulars of the country or countries where the |
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food has been processed or
packaged. |
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3 |
Labelling:
production standards |
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(1) |
Where a food is labelled
in accordance with section 2
with a country or |
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countries of origin where
the production standards for that food are lower than |
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the production standards
applicable in England and Wales, a reference to that |
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fact shall appear on the
mark or label of that food. |
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(2) |
In determining whether,
in relation to any food derived from livestock, the |
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production standards in another
country are lower than those applicable in |
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England and Wales, regard
shall be had to any codes of recommendations for |
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the welfare of livestock
issued under the Agriculture (Miscellaneous |
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Provisions) Act 1968 (c. 34)
which are in force. |
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4 |
Method
of marking or labelling |
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(1) |
Subject to subsection (2),
the information required by this Act shall be |
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(a) |
on the food’s packaging; |
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(b) |
on a label attached to the
food’s packaging; |
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(c) |
on a label that is clearly
visible through the food’s packaging; |
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(d) |
where the food is not prepacked,
on a shelf marker or show card clearly |
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visible at the place where
the food is presented for sale; and |
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(e) |
by other means accessible
to consumers. |
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(2) |
Where food is sold otherwise
than to the ultimate consumer, the information |
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required by this Act may
appear on commercial documents relating to the |
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food, provided that it also
appears on the outermost packaging of the food. |
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(3) |
Subsection (2) shall only
apply when the commercial documents either— |
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(a) |
accompany the food to which
they relate at all times; or |
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(b) |
arrive with the purchaser
before or at the same time as the food itself. |
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5 |
Consequential
amendment |
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In regulation 5 of the Regulations,
for sub-paragraph (f) there shall be |
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substituted the following sub-paragraph— |
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“(f) |
the
particulars required by the Food Labelling Act |
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6 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Food Labelling Act 2004. |
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(2) |
This Act shall come into
force on such day as may be appointed by order made |
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by statutory instrument,
and different days may be appointed for different |
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(3) |
An order under subsection
(2) is to be made— |
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