Prepared Foods (Provision of Information) Bill

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Prepared Foods (Provision of Information) Bill

Prepared Foods (Provision of Information) Bill

Contents
Interpretation, etc.
1
Interpretation
2
Value descriptors for fat, sugar and salt
Amendment of the 1990 Act and of the 1996 Regulations
3
Amendment of the 1990 Act
4
Amendment of the 1996 Regulations
Miscellaneous and final provisions
5
Commencement, and duration of section 4
6
Orders
7
Short title and extent
Schedule   —
Amendment of the 1996 Regulations

Bill 167
53/3

Prepared Foods (Provision of Information) Bill
1

A
Bill
To
Require manufacturers and retailers of prepared foods to provide information
about the content and nutritional quality of the foods.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Interpretation, etc.
1
Interpretation
In this Act—
“the 1990 Act” means the Food Safety Act 1990 (c. 16);
“the 1996 Regulations” means the Food Labelling Regulations 1996 (S.I.,
5
1996, No. 1499);
“the 1999 Act” means the Food Standards Act 1999 (c. 28);
“the Agency” means the Food Standards Agency;
“essential nutritional information”, in relation to prepared foods,
means—
10
(a)
information about whether, and the extent to which, the
prepared foods contain any of the following—
(i)
energy,
(ii)
protein,
(iii)
carbohydrate generally,
15
(iv)
any sugar component of carbohydrate,
(v)
fat generally,
(vi)
any separately identified fat and trans fats,
(vii)
fibre, and
(viii)
sodium, including separately identified salt equivalent;
20

and
(b)
in respect of the prepared foods, an indication of the
appropriate value descriptors for fat, sugar and salt;

Bill 167 53/3

Prepared Foods (Provision of Information) Bill
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“food” has the same meaning as in section 1 of the 1990 Act (meaning of
“food” and other basic expressions);
“ingredient” means any substance, including any additive and any
constituent of a compound ingredient, which is used in the preparation
of a food and which is still present in the finished product, even if in an
5
altered form, and a “compound ingredient” shall be composed of two
or more such substances;
“prepared foods” means any food prepared for sale to the consumer
which is comprised of more than one ingredient;
“prepared for sale” has the same meaning as in section 53(1) of the 1990
10
Act (general interpretation).
2
Value descriptors for fat, sugar and salt
The Agency shall by order prescribe values in respect of prepared foods for the
purpose of determining whether such foods shall be described as being of—
(a)
high value,
15
(b)
medium value, or
(c)
low value,
in respect of their fat, sugar and salt content.
Amendment of the 1990 Act and of the 1996 Regulations
3
Amendment of the 1990 Act
20
(1)
The 1990 Act is amended as follows.
(2)
After section 16(1), insert—
“(1A)
The Agency shall by regulations make provision requiring—
(a)
prepared foods to be accompanied by essential nutritional
information about those foods, including such information
25
expressed in relation to weight and to portion,
(b)
in relation to labelled prepared foods, such essential nutritional
information to be provided as part of the labelling of the foods,
(c)
in relation to unlabelled prepared foods which are sold other
than in a catering establishment, such essential nutritional
30
information to be provided as part of the presentation of the
foods at the point of sale,
(d)
in relation to unlabelled prepared foods which are sold in a
catering establishment, such essential nutritional information to
be provided on a menu, notice, ticket or label that is readily
35
discernible by an intending purchaser at the place where he
chooses those foods.”
(3)
After section 16(5), insert—
“(6)
In this section—
“catering establishment” means a restaurant, canteen, club, public
40
house, school, hospital or similar establishment (including a
vehicle or a fixed or mobile stall) where, in the course of a
business, food is prepared for delivery to the ultimate consumer
and is ready for consumption without further preparation;

Prepared Foods (Provision of Information) Bill
3

“essential nutritional information” has the same meaning as in
section 1 of the Prepared Foods (Provision of Information) Act
2004;
“labelling”, in relation to prepared foods, includes any words,
particulars, pictorial matter or symbol relating to the food and
5
appearing on the packaging of the food or on any document,
notice, label, ring or collar accompanying the food, and cognate
expressions shall be construed accordingly;
“prepared foods” has the same meaning as in section 1 of the
Prepared Foods (Provision of Information) Act 2004.”
10
(4)
In section 53(1) (general interpretation), in the definition of “preparation”, after
the first instance of that word, insert “(other than for the purposes of section
16(1A)”.
4
Amendment of the 1996 Regulations
The Schedule (which amends the 1996 Regulations in relation to the labelling
15
of, and other provision of information about, prepared foods) shall have effect.
Miscellaneous and final provisions
5
Commencement, and duration of section 4
(1)
Section 1, this section and sections 6 and 7 shall come into force on the day on
which this Act is passed.
20
(2)
Sections 2 and 3 shall come into force on such day as the Agency may by order
appoint.
(3)
Subject to the provisions of subsection (4), section 4 shall come into force six
months after the day on which this Act is passed.
(4)
Section 4 shall cease to have effect on the day on which the first regulations
25
made under section 16(1A) of the 1990 Act come into force.
6
Orders
The provisions of section 37(1) and (2) of the 1999 Act (powers of the Agency
and others in relation to subordinate legislation) apply to the making of an
order by the Agency under—
30
(a)
section 2, or
(b)
section 5(2),
as if such an order were an order under that Act.
7
Short title and extent
(1)
This Act may be cited as the Prepared Foods (Provision of Information) Act
35
2004.
(2)
This Act does not extend to Northern Ireland.

4
Prepared Foods (Provision of Information) Bill
Schedule — Amendment of the 1996 Regulations

Schedule
Section 4

Amendment of the 1996 Regulations
Introductory
1
The 1996 Regulations are amended as follows.
Interpretation
5
2
In Regulation 2 (interpretation), at the appropriate place in alphabetical
order, insert—
““essential nutritional information” has the same meaning as in
section 1 of the Prepared Foods (Provision of Information)
Act 2004;
10
“prepared foods” has the same meaning as in section 1 of the
Prepared Foods (Provision of Information) Act 2004.”
Additional labelling requirement
3
In Regulation 4(1) (food to which Part II applies), for “paragraphs (2) and
(3)” substitute “paragraphs (2) to (4)”.
15
4
After Regulation 4(3), insert—
    “(4)
Regulations 34A and 34B of these Regulations apply only to
prepared foods.”
5
For Regulation 27(1) substitute—
    “(1)
Subject to paragraphs (2) to (4) of this regulation, any food to
20
which paragraph (1A) does not apply sold at a catering
establishment need not be marked or labelled with any of the
particulars specified in regulation 5 nor, where, but for this
regulation, the particulars specified in regulations 32, 33 and 34
would otherwise be required, with any of those particulars.
25
     (1A)
This paragraph applies to—
(a)
prepared foods, and
(b)
food which is—
(i)
not prepacked, or
(ii)
prepacked for direct sale.”
30
6
After Regulation 34 insert—
“34A
Additional requirement for labelled prepared foods
(1)
In relation to prepared foods which are labelled, essential nutritional
information about those foods shall be provided.
(2)
Such information shall be expressed in relation to each—
35
(a)
100 grams,

Prepared Foods (Provision of Information) Bill
Schedule — Amendment of the 1996 Regulations
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(b)
package, and
(c)
portion.
34B
Additional requirement for unlabelled prepared foods
In relation to prepared foods which are unlabelled, essential
nutritional information shall be provided.”
5
7
In Regulation 35, for “or 31” substitute “, 31 or 34B”.
8
In Regulation 36(1), for “or 27”, substitute “, 27 or 34B”.